<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<p>Sessions Paper.</p>
<p>NINTH SESSION, HELD JULY 9th, 1860.</p>
<p>Short-hand Writers to the Court,</p>
<p>I am Publishers to the Queen's Most Excellent Majesty.</p>
<xptr type="pageFacsimile" doc="186007090002"/>
<p>On the Queen's Commission of the Peace,</p>
<p>The City of London,</p>
<p>OF THE</p>
<p>Held on Monday, July 9th, 1860, and following days.</p>
<hi rend="smallCaps">BEFORE</hi> the Right Honourable
<hi rend="largeCaps">
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<interp inst="t18600709-name-1" type="given" value="JOHN"/>JOHN CARTER</persName> </hi>, F.A.S. and F.R.A.S, Lord Mayor of the City of London; the Right Hon. Sir Frederick Pollock, Knt., Lord Chief Baron of Her Majesty's Court of Exchequer; the Hon. Sir Charles Crompton, Knt. one of the Justices of Her Majesty's Court of Queen's Bench; Thomas Quested Finnis, Esq. one of the Aldermen of the said City; Russell Gurney, Esq., Q.C., Recorder of the said City;
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<interp inst="t18600709-name-2" type="surname" value="ROSE"/>
<interp inst="t18600709-name-2" type="given" value="WILLIAM ANDERSON"/>William Anderson Rose</persName>, Esq.; Warren Stormes Hale, Esq.; John Joseph Mechi, Esq.; and
<persName id="t18600709-name-3" type="judiciaryName">
<interp inst="t18600709-name-3" type="gender" value="male"/>
<interp inst="t18600709-name-3" type="surname" value="ABBISS"/>
<interp inst="t18600709-name-3" type="given" value="JAMES"/>James Abbiss</persName>, Esq.; Aldermen of the said City; Thomas Chambers, Esq. Common Serjeant of the said City; and Robert Malcolm Kerr, Esq. Judge of the Sheriff's Court of the said City; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.</p>
<hi rend="smallCaps">BENJAMIN SAMUEL PHILIPS</hi>, Esq. Ald.</p>
<hi rend="smallCaps">THOMAS GABRIEL</hi>, Esq. Ald.</p>
<hi rend="italic">Sheriffs.</hi> </p>
<hi rend="smallCaps">OCTAVIUS CHAPMAN TRYON EAGLETON</hi>, Esq.</p>
<hi rend="smallCaps">CHARLES GAMMON</hi>, Esq.</p>
<hi rend="italic">Under-Sheriffs.</hi> </p>
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<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<hi rend="largeCaps">CARTER, 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> 9
<hi rend="italic">th</hi>, 1860.</p>
<hi rend="largeCaps">PRESENT</hi>—The Right Hon. The
<hi rend="largeCaps">LORD MAYOR</hi>; Mr. Ald.
<hi rend="smallCaps">FINNIS</hi> Mr.
<hi rend="smallCaps">RECORDER</hi>; Mr. Ald.
<hi rend="smallCaps">MECHI</hi>; and
<hi rend="smallCaps">MR. COMMON SERJEANT</hi>.</p>
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<interp inst="def1-581-18600709" type="surname" value="SPEAR"/>
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<hi rend="largeCaps">HIRAM SPEAR</hi> (41)</persName>
<rs id="t18600709-581-offence-1" type="offenceDescription">
<interp inst="t18600709-581-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600709-581-offence-1" type="offenceSubcategory" value="embezzlement"/>Embezzling the sums of 7
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>., 6
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., and 6
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., of
<persName id="t18600709-name-5" type="victimName">
<interp inst="t18600709-name-5" type="gender" value="male"/>
<interp inst="t18600709-name-5" type="surname" value="WRIGHT"/>
<interp inst="t18600709-name-5" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18600709-581-offence-1 t18600709-name-5"/>George Wright</persName> his master; to which he</rs> </p>
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<interp inst="t18600709-581-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600709-581-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18600709-581-punishment-1" type="punishmentDescription">
<interp inst="t18600709-581-punishment-1" type="punishmentCategory" value="imprison"/>
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<join result="defendantPunishment" targOrder="Y" targets="def1-581-18600709 t18600709-581-punishment-1"/>six months.</rs> </hi> </p>
<hi rend="italic">For other cases tried this day, see Surrey cases.</hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, July</hi> 9
<hi rend="italic">th</hi>, 1860.</p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Ald.
<hi rend="smallCaps">FINNIS</hi>; Mr. Ald.
<hi rend="smallCaps">MECHI</hi>; and
<hi rend="smallCaps">ROBERT MALCOLM KERR</hi>, Esq.</p>
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<interp inst="def1-582-18600709" type="surname" value="AVERY"/>
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<hi rend="largeCaps">WILLIAM AVERY</hi> (37)</persName>
<rs id="t18600709-582-offence-1" type="offenceDescription">
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<interp inst="t18600709-582-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, Stealing 8 bushels of oats, and 2 sacks, of
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<interp inst="t18600709-name-7" type="surname" value="GREEN"/>
<interp inst="t18600709-name-7" type="given" value="HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18600709-582-offence-1 t18600709-name-7"/>Henry Green</persName>, his master, and </rs>
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<interp inst="def2-582-18600709" type="age" value="29"/>
<interp inst="def2-582-18600709" type="surname" value="MARTIN"/>
<interp inst="def2-582-18600709" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM MARTIN</hi> (29)</persName>
<rs id="t18600709-582-offence-2" type="offenceDescription">
<interp inst="t18600709-582-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18600709-582-offence-2" type="offenceSubcategory" value="receiving"/>Feleniosly receiving the same. </rs>
<hi rend="smallCaps">MR. COOPER</hi>
<hi rend="italic">Conducted the prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18600709-name-9" type="witnessName">
<interp inst="t18600709-name-9" type="gender" value="male"/>
<interp inst="t18600709-name-9" type="surname" value="FOULGER"/>
<interp inst="t18600709-name-9" type="given" value="THEODORE HALSTEAD"/>THEODORE HALSTEAD FOULGER</persName> </hi> (
<hi rend="italic">City-policeman</hi>). At 20 minntes past 7 o'clock on 14th June, I was watching the prosecutor's wharf in Upper Thames-street—the prisoner Avery drew his cart under the granary at Rutland Wharf—he received twenty-four sacks of oats—I counted them there he drove them away to Bridge-street, Blackfriars—when he reached there he was joined by another man—they drove through Fleet-street, to Dean-street, Soho—Avery then left the cart in charge of the other man, who had joined him in Bridge-street, and that man drove on to Newman
<lb/>mews, Castle-street, Oxford-street—I followed the cart all the way, and when it reached Newman-mews, the prisoner Avery was there; and I saw him take sacks containing oats off the cart and place them in a stable in Newman-mews—another officr was with me, and we went into the</p>
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<p>stable just as Avery had taken the second sack in within about half a minute, and when we entered Avery was shooting the oats out of this sack into a sack held by Martin—I laid hold of Avery and told him I was an officer—he said nothing but dropped the back—Smith took hold of Martin—I searched the place—I found a sack without any name on it containing oats, and I found another empty sack lying on the floor of the stable with "Green and Sedgwick, Rutland Wharf, 1826" on it—I asked Avery how many sacks he ought to have had in his cart—he said twenty-four—I said, "Where were you going to take them to?"—he said, "Well, it is no use denying it, I was going to take them to Mr. Henderson's in the Hay
<lb/>market"—I took him to the station—I found on him a delivery note for twenty-four sacks of oats.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> What wharf were you watching?
<hi rend="italic">A.</hi> Rutland-wharf—Bridge-street, Blackfriars, was in Avery's way—I found him afterwards in Castle-street—the other man drove the cart there—I did not hear what conversation took place between them before they parted—when Avery joined that cart again he was opposite the stable—I did not hear him say why he had brought the cart round—he had twenty-four sacks in the cart when he started at Rutland-wharf, and when it got to Dean
<lb/>street: none of them were touched till it got to the stable, and then two were taken off—there were then twenty-two, I counted them—I drove the cart home.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Have you made inquiries and found that Martin's father carries on the business of a greengrocer, and keeps his horse and cart close to that stable?
<hi rend="italic">A.</hi> I don't know—there was no horse or cart in the stable—his father carries on business at 5, Great Chappell
<lb/>street—I believe he does keep his horse and cart in that stable—I was told so by the prisoner that is all—I have not made any other inquiry; he has been very ill ever since—I heard Martin say, "I know nothing at all about it, I was sent here by my father"—he said so before he was accused of anything—he said, "I know nothing about it, I am servant to my father"—and at that time he was not accused of anything—he begged and prayed of me and Smith to take him to his father's—we refused to do so—we took him to the station.</p>
<hi rend="smallCaps">MR. COOPER</hi>.
<hi rend="italic">Q.</hi> You know Henderson's in the Haymarket, how far did Avery go out of his way to go to this stable?
<hi rend="italic">A.</hi> I should think to go there and back it was a mile—he did not go in that direction at all.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-10" type="witnessName">
<interp inst="t18600709-name-10" type="gender" value="male"/>
<interp inst="t18600709-name-10" type="surname" value="SMITH"/>
<interp inst="t18600709-name-10" type="given" value="WILLIAM"/>WILLIAM SMITH</persName> </hi> (
<hi rend="italic">City-policeman</hi>). I went with Foulger on 14th June—I saw Avery drive the horse and cart to Bridge-street, where he was joined by another man—I went with the other officer and traced them to where the cart stopped—as we were going up Newman-street we saw Martin with two empty sacks on his right arm—he turned down Castle-street and went down the Mews after the cart and the two men—two sacks were then taken from the cart by Avery, and the other man took two sacks from the top and put them in the place where the two were removed from, from the tail of the cart—the two that were removed were taken in the stable by Avery—we followed him up with the last one, and I saw Avery with this sack—he was emptying it into this other which Martin was holding up—we said, "Halloa, what is this?"—Martin said, "I know nothing at all about it"—I laid hold of this sack and some of the oats were spilled on the ground—I collected it and put it in the sack—I told Martin should take him in custody for feloniously receiving these oats knowing them to be stolen—I had previously told him we were officers—he said, "For God's sake don't</p>
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<p>take me,—I have a wife lying dead this moment, come with me to my father, I am in his employ"—we did not assent to that, but took him to the station—I had watched on the previous Thursday—I did not see the prisoners together then.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-11" type="witnessName">
<interp inst="t18600709-name-11" type="gender" value="male"/>
<interp inst="t18600709-name-11" type="surname" value="GREEN"/>
<interp inst="t18600709-name-11" type="given" value="HENRY"/>HENRY GREEN</persName> </hi>. I am a corn-merchant at Rutland-wharf, Upper Thames street, and have one partner—Avery was in my employ for six or seven months—these sacks are mine, and I believe the oats are my property.</p>
<hi rend="italic">Martin received a good character.</hi> </p>
<hi rend="largeCaps">AVERY</hi>.—
<hi rend="smallCaps">
<rs id="t18600709-582-verdict-1" type="verdictDescription">
<interp inst="t18600709-582-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600709-582-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="largeCaps">MARTIN</hi>.—
<hi rend="smallCaps">
<rs id="t18600709-582-verdict-2" type="verdictDescription">
<interp inst="t18600709-582-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18600709-582-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">
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<interp inst="t18600709-582-punishment-2" type="punishmentCategory" value="imprison"/>
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<join result="defendantPunishment" targOrder="Y" targets="def2-582-18600709 t18600709-582-punishment-2"/>Three Year's Penal Servitude.</rs> </hi> </p> </div1>
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<hi rend="largeCaps">WILLIAM CALVON</hi> (19)</persName>
<rs id="t18600709-583-offence-1" type="offenceDescription">
<interp inst="t18600709-583-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600709-583-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing 1 purse, and 5
<hi rend="italic">l</hi>. in money, of
<persName id="t18600709-name-13" type="victimName">
<interp inst="t18600709-name-13" type="gender" value="male"/>
<interp inst="t18600709-name-13" type="surname" value="THOMAS"/>
<interp inst="t18600709-name-13" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18600709-583-offence-1 t18600709-name-13"/>William Thomas</persName>, from the person of
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<interp inst="t18600709-name-14" type="surname" value="THOMAS"/>
<interp inst="t18600709-name-14" type="given" value="MARY"/>
<join result="offenceVictim" targOrder="Y" targets="t18600709-583-offence-1 t18600709-name-14"/>Mary Thomas</persName>; to which he</rs> </p>
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<rs id="t18600709-583-verdict-1" type="verdictDescription">
<interp inst="t18600709-583-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600709-583-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
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<join result="defendantPunishment" targOrder="Y" targets="def1-583-18600709 t18600709-583-punishment-3"/>Confined Twelve Months</rs> </hi>,</p> </div1>
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<interp inst="def1-584-18600709" type="surname" value="HOLLINGSWORTH"/>
<interp inst="def1-584-18600709" type="given" value="MARY ANN"/>
<hi rend="largeCaps">MARY ANN HOLLINGSWORTH</hi> (37)</persName>, was indicted
<rs id="t18600709-584-offence-1" type="offenceDescription">
<interp inst="t18600709-584-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18600709-584-offence-1" type="offenceSubcategory" value="bigamy"/>for bigamy.</rs> </p>
<hi rend="smallCaps">
<persName id="t18600709-name-16" type="witnessName">
<interp inst="t18600709-name-16" type="gender" value="male"/>
<interp inst="t18600709-name-16" type="surname" value="ENTWISTLE"/>
<interp inst="t18600709-name-16" type="given" value="CHARLES HENRY"/>CHARLES HENRY ENTWISTLE</persName> </hi>. I became acquainted with the prisoner, and married her on 17th May, 1849—I had been living with her as her husband for two or three months before—some time after I married her I found she had got a husband living, and when I came home from my work I had no place to go to—I spoke to her about it—we separated, and I allowed her a maintenance for three or four years, but I went home one morning and found a man in bed with her; from that time I have never allowed her anything—she has come and annoyed me, and I told her if she did not go away I would give her in charge—She said she would not go away and I gave her in custody, and that led to this prosecution—I have lost two or three situations through her drunken habits.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-17" type="witnessName">
<interp inst="t18600709-name-17" type="gender" value="male"/>
<interp inst="t18600709-name-17" type="surname" value="HOLLINGSWORTH"/>
<interp inst="t18600709-name-17" type="given" value="ALFRED"/>ALFRED HOLLINGSWORTH</persName> </hi>. The prisoner is my sister-in-law—I was not present at her marriage with my brother—I know they lived together as man and wife—the last time I saw them living together was about 1838—I believe he left her with one child and near her confinement with another.</p>
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<interp inst="t18600709-584-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
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<hi rend="largeCaps">CHARLES BEMMER</hi> (17)</persName>
<rs id="t18600709-585-offence-1" type="offenceDescription">
<interp inst="t18600709-585-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600709-585-offence-1" type="offenceSubcategory" value="embezzlement"/>, Embezzling 100
<hi rend="italic">l</hi>. the property of
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<interp inst="t18600709-name-19" type="gender" value="male"/>
<interp inst="t18600709-name-19" type="surname" value="SMITH"/>
<interp inst="t18600709-name-19" type="given" value="WILLIAM BICKFORD"/>
<join result="offenceVictim" targOrder="Y" targets="t18600709-585-offence-1 t18600709-name-19"/>William Bickford Smith</persName>, his master; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18600709-585-verdict-1" type="verdictDescription">
<interp inst="t18600709-585-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600709-585-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18600709-585-punishment-4" type="punishmentDescription">
<interp inst="t18600709-585-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18600709-585-punishment-4" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-585-18600709 t18600709-585-punishment-4"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18600709-586">
<interp inst="t18600709-586" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-586" type="date" value="18600709"/>
<join result="criminalCharge" id="t18600709-586-charge-1" targOrder="Y" targets="def1-586-18600709 t18600709-586-offence-1 t18600709-586-verdict-1"/>
<persName id="def1-586-18600709" type="defendantName">
<interp inst="def1-586-18600709" type="gender" value="male"/>
<interp inst="def1-586-18600709" type="age" value="17"/>
<interp inst="def1-586-18600709" type="surname" value="BROWN"/>
<interp inst="def1-586-18600709" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM BROWN</hi> (17)</persName>
<rs id="t18600709-586-offence-1" type="offenceDescription">
<interp inst="t18600709-586-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600709-586-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing a watch of
<persName id="t18600709-name-21" type="victimName">
<interp inst="t18600709-name-21" type="gender" value="female"/>
<interp inst="t18600709-name-21" type="surname" value="BOYS"/>
<interp inst="t18600709-name-21" type="given" value="JANE"/>
<join result="offenceVictim" targOrder="Y" targets="t18600709-586-offence-1 t18600709-name-21"/>Jane Boys</persName> from her person; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18600709-586-verdict-1" type="verdictDescription">
<interp inst="t18600709-586-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600709-586-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18600709-586-punishment-5" type="punishmentDescription">
<interp inst="t18600709-586-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18600709-586-punishment-5" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-586-18600709 t18600709-586-punishment-5"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18600709-587">
<interp inst="t18600709-587" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-587" type="date" value="18600709"/>
<join result="criminalCharge" id="t18600709-587-charge-1" targOrder="Y" targets="def1-587-18600709 t18600709-587-offence-1 t18600709-587-verdict-1"/>
<persName id="def1-587-18600709" type="defendantName">
<interp inst="def1-587-18600709" type="gender" value="male"/>
<interp inst="def1-587-18600709" type="age" value="25"/>
<interp inst="def1-587-18600709" type="surname" value="BLUNDEN"/>
<interp inst="def1-587-18600709" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN BLUNDEN</hi> (25)</persName>
<rs id="t18600709-587-offence-1" type="offenceDescription">
<interp inst="t18600709-587-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600709-587-offence-1" type="offenceSubcategory" value="embezzlement"/>, Embezzling 12
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>., 11
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>., and 16
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>., the property of
<persName id="t18600709-name-23" type="victimName">
<interp inst="t18600709-name-23" type="gender" value="male"/>
<interp inst="t18600709-name-23" type="surname" value="TYLER"/>
<interp inst="t18600709-name-23" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18600709-587-offence-1 t18600709-name-23"/>George Tyler</persName>, his master; to which, he</rs> </p>
<rs id="t18600709-587-verdict-1" type="verdictDescription">
<interp inst="t18600709-587-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600709-587-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>
<hi rend="smallCaps">PLEADED GUILTY</hi>.—</rs>
<rs id="t18600709-587-punishment-6" type="punishmentDescription">
<interp inst="t18600709-587-punishment-6" type="punishmentCategory" value="noPunish"/>
<interp inst="t18600709-587-punishment-6" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-587-18600709 t18600709-587-punishment-6"/>
<hi rend="italic">Judgment respited.</hi> </rs> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, July</hi> 10
<hi rend="italic">th</hi>, 1860.</p>
<hi rend="largeCaps">PRESENT</hi>—Mr.
<hi rend="smallCaps">RECORDER</hi>; Mr. Ald.
<hi rend="smallCaps">ROSE</hi>; Mr. Ald.
<hi rend="smallCaps">HALE</hi>, and Mr. Ald.
<hi rend="smallCaps">MECHI</hi>.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18600709-588">
<interp inst="t18600709-588" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-588" type="date" value="18600709"/>
<join result="criminalCharge" id="t18600709-588-charge-1" targOrder="Y" targets="def1-588-18600709 t18600709-588-offence-1 t18600709-588-verdict-1"/>
<persName id="def1-588-18600709" type="defendantName">
<interp inst="def1-588-18600709" type="gender" value="male"/>
<interp inst="def1-588-18600709" type="age" value="58"/>
<interp inst="def1-588-18600709" type="surname" value="MCGALL"/>
<interp inst="def1-588-18600709" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM MCGALL</hi> (58)</persName>, was indicted
<rs id="t18600709-588-offence-1" type="offenceDescription">
<interp inst="t18600709-588-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18600709-588-offence-1" type="offenceSubcategory" value="perjury"/>for wilful and corrupt perjury.</rs> </p>
<xptr type="pageFacsimile" doc="186007090006"/>
<hi rend="smallCaps">MR. SOLICITOR-GENERAL, MR. WELSBY</hi>,
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. BEASLEY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18600709-name-25" type="witnessName">
<interp inst="t18600709-name-25" type="gender" value="male"/>
<interp inst="t18600709-name-25" type="surname" value="NAYLOR"/>
<interp inst="t18600709-name-25" type="given" value="JAMES RICHARD"/>JAMES RICHARD NAYLOR</persName> </hi>. I am chief clerk in the office of the Clerk of the Crown—I produce the writ for the last election at Berwick-upon-Tweed, and the return thereto—the writ is dated 12th August, 1859, and the return 20th August—Dudley Coutts Marjoribanks, Esq., of 20, Manchester
<lb/>square, is returned as being elected—there is no indorsement of any other candidate—I also produce the poll-books.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">SIR FREDERICK SLADE</hi>.
<hi rend="italic">Q.</hi> How is the writ directed?
<hi rend="italic">A.</hi> To the Sheriff of the town of Berwick-upon-Tweed.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-26" type="witnessName">
<interp inst="t18600709-name-26" type="gender" value="male"/>
<interp inst="t18600709-name-26" type="surname" value="ALLAN"/>
<interp inst="t18600709-name-26" type="given" value="THOMAS"/>THOMAS ALLAN</persName> </hi>. I am the present Sheriff of Berwick-upon-Tweed, and in that capacity am returning officer for the borough—I produce the register of votes in force in August, 1859, which I received from the preceding sheriff.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">SIR F. SLADE</hi>.
<hi rend="italic">Q.</hi> Is Berwick the county of a town?
<hi rend="italic">A.</hi> I understand it is a county and town in itself—it states here, "for the Borough of Berwick-upon-Tweed"—it is so described in the Municipal Corporation Act.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-27" type="witnessName">
<interp inst="t18600709-name-27" type="gender" value="male"/>
<interp inst="t18600709-name-27" type="surname" value="WEDDELL"/>
<interp inst="t18600709-name-27" type="given" value="JAMES COLE"/>JAMES COLE WEDDELL</persName> </hi>. I was under-sheriff of the town of Berwick at the time of the late election—I received this register of voters from the town clerk on 29th November, 1858—it is the register which was in force at the time of the election—it has the town clerk's signature to it, R. Howe—his Christian name is Robert.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-28" type="witnessName">
<interp inst="t18600709-name-28" type="gender" value="male"/>
<interp inst="t18600709-name-28" type="surname" value="MAY"/>
<interp inst="t18600709-name-28" type="given" value="THOMAS ERSKINE"/>THOMAS ERSKINE MAY</persName> </hi>. I am clerk's assistant at the table of the House of Commons—I have here a minute book kept by me—I was present when the Committee for the trial of the petition against the election for Berwick were duly sworn at the table of the House—the petition was duly referred to them by the House—they consisted of Lord Robert Cecil, Richard Pen
<lb/>ruddocke Long, Esq., Grosvenor Hodgkinson, Esq., Sir John O'Gilvy, Bart., and the Right Honourable Frederick Peel in the chair.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">SIR F. SLADE</hi>.
<hi rend="italic">Q.</hi> Were those five members of the House of Commons who came up to the table?
<hi rend="italic">A.</hi> Yes; they were sum
<lb/>moned to attend—I did not summon them, but five gentlemen had their names called by Sir Dennis Le Marchant, the clerk of the House, by the direction of the Speaker, and they were sworn at the table—beyond that I know nothing.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-29" type="witnessName">
<interp inst="t18600709-name-29" type="gender" value="male"/>
<interp inst="t18600709-name-29" type="surname" value="DEW"/>
<interp inst="t18600709-name-29" type="given" value="EDWARD L'ESTRANGE"/>EDWARD L'ESTRANGE DEW</persName> </hi>. I was clerk at the select committee which sat for the trial of the Berwick Election Petition—that committee consisted of the noble lord and the gentlemen whose names have just been mentioned—I remember the defendant being examined before the committee—he was sworn by me—the oath that I administered was, "The evidence that you shall give before this committee shall be the truth, the whole truth, and nothing but the truth, so help your God."</p>
<hi rend="smallCaps">
<persName id="t18600709-name-30" type="witnessName">
<interp inst="t18600709-name-30" type="gender" value="male"/>
<interp inst="t18600709-name-30" type="surname" value="GINGER"/>
<interp inst="t18600709-name-30" type="given" value="WILLIAM"/>WILLIAM GINGER</persName> </hi>. I am in the department of the journals of the House of Commons—I have here the Berwick election petition—it has on it the endorsement of the examiner of recognizances, Mr. Rickards—my belief is that it is his writing.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-31" type="witnessName">
<interp inst="t18600709-name-31" type="gender" value="male"/>
<interp inst="t18600709-name-31" type="surname" value="DEW"/>
<interp inst="t18600709-name-31" type="given" value="EDWARD L'ESTRANGE"/>EDWARD L'ESTRANGE DEW</persName> </hi>
<hi rend="italic">cross-examined by</hi>
<hi rend="smallCaps">SIR F. SLADE</hi>.
<hi rend="italic">Q.</hi> Have you got the minutes of your proceedings?
<hi rend="italic">A.</hi> I have—Sir F. Slade aban
<lb/>doned the charge of bribery, and opened the proceedings on the scrutiny; the case then resolved itself entirely into one of scrutiny as to each individual vote; and each individual vote was inquired into as a separate issue, with the exception of six which were bracketed together—there were two</p>
<xptr type="pageFacsimile" doc="186007090007"/>
<p>instances in which several were bracketed together—James Urquhart Brown ultimately got bracketed with fire others; the two M'Queen's, George Wallace and Samuel Wallace, and Robert Bradon—the question before the Committee was whether James Urquhart Brown had been bribed or not—the Committee heard M'Gall on his oath, and James Urquhart Brown on his oath—that Committee of five gentlemen declared that James Urquhart Brown's vote was a good vote—the room was cleared; the Committee deliberated, and they resolved that the votes of James Urquhart Brown, George Wallace, Samuel Wallace, and Robert Bradon were good votes—Bradon was heard, P. M'Queen was heard, and Samuel Wallace—they were all taken together at Mr. Phinn's request—on the same day William Miller, who is also one of the parties in respect of whom perjury is assigned, was objected to on the ground of having been bribed—Miller was sworn and examined, and on the following day William M'Gall was examined in support of the vote—the Committee determined that Mr. Miller's was a good vote—on that occasion Miller was called first, and then he was re-called by the Committee after; M'Gall had been examined. On 27th March, Robert Blaylock's case was taken—he was sworn and heard, and M'Gall was heard, and the Committee resolved that the vote of Robert Blaylock was a bad vote, and be struck out of the poll—at page 17 in the general resolutions, 29th March, I find a reso
<lb/>lution of the Committee that "Robert Blaylock was bribed to vote for Mr. Hodgson for 6
<hi rend="italic">l</hi>., of which 3
<hi rend="italic">l</hi>. was paid him by Robert M'Gall"—the resolution is, "The Committee are of opinion that William M'Gall, in his evidence before them, was guilty of wilful and corrupt perjury."</p>
<hi rend="smallCaps">
<persName id="t18600709-name-32" type="witnessName">
<interp inst="t18600709-name-32" type="gender" value="male"/>
<interp inst="t18600709-name-32" type="surname" value="COUNSELL"/>
<interp inst="t18600709-name-32" type="given" value="WILLIAM"/>WILLIAM COUNSELL</persName> </hi>. I am a short-hand writer—I attended as such on the Select Committee on the Berwick Election Petition—I have here my original notes of the evidence—(
<hi rend="italic">Reads;</hi>"Examination in chief of William M'Gall. Do you mean to swear you did not offer anybody money for their votes on the polling day? No. Or give them money? I never asked any persons for their vote. Bid you give them money? No; not to induce them to poll. Did you give any money away on the polling day? No. Not a shilling? No. Nor lend any? No. Or offer any one? No, I did not. Did you promise anyone money? No, I did not.")</p>
<hi rend="italic">Q.</hi> Now will you turn to page 147, examination by the Committee, question 7,769.
<hi rend="italic">A. (Reads</hi>: "You have been asked whether you bribed this person or that; I understood you before to swear that you bribed no person? I did not. You gave no money to any person on the day of the poll? No; I was not engaged at all in the matter by any person, but just took an interest to get the people up to the poll. You were at Gibson's on the polling day? Yes Do you remember what time? The fore part of the day, I think. Do you think it was as early as 10 o'clock? I might be there about 9 and about 11—I was just passing out and in. You were there between 9 and 10? Yes. But gave no money to any one about 9, as to a vote? No. You never gave money to any person? I never gave money to induce the people to vote. Without speaking about how they should vote? No people at all; if any person made such a statement, he is stating what is false of me.")</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">SIR F. SLADE</hi>.
<hi rend="italic">Q.</hi> Just turn to page 50, and read from 2,442 to 2,466.
<hi rend="italic">A.</hi> (
<hi rend="italic">Reads</hi>: "Do you know James Urquhart Brown? I know him when I see him. Did you know him at the last election? I saw him once on the election day, about 3 o'clock. Did you give him four sovereigns? I did not. Did you give him any sum of money? None whatever. Not on that day? No. Did you give him on the Friday?</p>
<xptr type="pageFacsimile" doc="186007090008"/>
<p>No. Did you give him on the Sunday? No. Did you give him on the Monday? No; I gave him none. Have you never given him any money? Not at an election. Have you ever given him any money? In the summer I did. Before the election? Yes, long before the election; he came to me and said he was very unwell: he said he wanted a pair of shoes, and I gave him a shilling or two to help to buy them; I gave him no money at the election, and had no talk with him about money at the election. Did you never give him four sovereigns at all? No; not at any time. Not at the time of the election? No. Did you ever give him any part of four sovereigns? No. Not one, two, or three? No. Did you give them to anybody to give to him? No, I did not. Did four sovereigns never pass from you for Brown? No. Will you swear that? I will most distinctly—such a circumstance never existed. What is the most you have ever given him at a time? Never more than I have told you; two or three shillings. Did you give him two or three shillings about the election time? No, it was in the summer time. Since the summer up to this time you have never given him a shilling? No. And you have never given any person money for him? No; I most distinctly swear that. I will mention the circum
<lb/>stance if you wish it of what took place. What did take place I was standing in the street with another party and he came up.
<hi rend="smallCaps">SIR F. SLADE</hi>.
<hi rend="italic">Q.</hi> Give us the name of that party.
<hi rend="italic">A.</hi> Mr. Waite—Waite and I were standing together; he said he could not get to the poll for the crowd—he said, if you go with me I will get you to the poll—I never saw the man again.
<hi rend="smallCaps">MR. PHINN</hi>.
<hi rend="italic">Q.</hi> You mean to state positively that you have never given money, nor found money for him?
<hi rend="italic">A.</hi> No further than what I have stated.</p>
<hi rend="italic">Q.</hi> You were examined just now about page 147, question 7,769; you began it in the examination before the Committee?
<hi rend="italic">A.</hi> Yes; I have got it—this is the commencement of M'Gall's examination, when he was exami
<lb/>ned by Mr. Clerk; that is numbered 7,689 (
<hi rend="italic">Reads</hi>: "Do you know Robert Blaylock? Yes, I know him. Did you see him at Gibson's house on the polling day at Berwick? I do not think I saw him on the polling day at all. Did you send anybody to bring him to Gibson's? I did not. Did you give that man, Robert Blaylock, three sovereigns at Harry Gibson's? I did not. Did you give him three sovereigns anywhere else? No; I am almost positive I did not see him that day at all. Did you give him any money on the polling day? No. Did you offer him any money on the polling day? I did not.
<hi rend="smallCaps">COMMITTEE</hi>.
<hi rend="italic">Q.</hi> Could he have received money from you without your seeing him?
<hi rend="italic">A.</hi> No.
<hi rend="smallCaps">MR. CLERK</hi>.
<hi rend="italic">Q.</hi> Was he ever in a room alone with you at Harry Gibson's on the polling day?
<hi rend="italic">A.</hi> He was not.
<hi rend="smallCaps">COMMITTEE</hi>.
<hi rend="italic">Q.</hi> You swear he was not?
<hi rend="italic">A.</hi> I swear he was not.")</p>
<hi rend="smallCaps">MR. WELSBY</hi>. Go on and read the cross-examination. (
<hi rend="italic">The witness did so, and also the re-examination.</hi>) I remember Miller being examined—M'Gall was examined after him.</p>
<hi rend="italic">Q.</hi> Be kind enough to read from page 62, the examination in chief of the defendant.
<hi rend="italic">A.</hi> (
<hi rend="italic">Reads</hi>: "Do you know a man named William Millert? do not. I do not know if you had an opportunity of seeing the last witness, who was in the box yesterday? No. You did not see him? No. (
<hi rend="italic">William Miller called in.</hi>) Do you know that man? I do not know him; I never saw him before to my knowledge (
<hi rend="italic">William Miller withdrew</hi>). Do you know him by sight? I do not know him at all; he may belong to the town.
<hi rend="smallCaps">COMMITTEE</hi>. Did you ever see him before? Not to my knowledge. Did you ever see him at the time of the election? Not to my knowledge;</p>
<xptr type="pageFacsimile" doc="186007090009"/>
<p>I never had anything to say to him at all; he may be a resident in the town, but I do not know. You never had any transaction with him of any kind? None whatever—I never saw the man before to my knowledge, till now.
<hi rend="smallCaps">SIR F. SLADE</hi>.
<hi rend="italic">Q.</hi> I think you told us yesterday that you were once, perhaps twice, in Henry Gibson's house during the election day?
<hi rend="italic">A.</hi> Yes. At any period of that day did you see the man who has just left the room? No, I did not at any period of the day. He has represented that between one and two a man pushed him into the room in which you were sitting at Henry Gibson's; that nobody was there but you and him; you asked him what he wanted,; he said he came for a trifle of money, and you gave him five sovereigns; is that true? No; no such conversation passed; I never saw the man. Is that true? No, it is not true; it is false. Did you ever give that man any money at all? None whatever; I never had any transaction with him; none whatever."</p>
<hi rend="smallCaps">
<persName id="t18600709-name-33" type="witnessName">
<interp inst="t18600709-name-33" type="gender" value="male"/>
<interp inst="t18600709-name-33" type="surname" value="MILLER"/>
<interp inst="t18600709-name-33" type="given" value="WILLIAM"/>WILLIAM MILLER</persName> </hi>. I live at Berwick-upon-Tweed, and am a rope-maker—I recollect the election in August last, when Mr. Jlodgson and Mr. Marjoribanks were the candidates—I was in Berwick on the polling day—I was a 10
<hi rend="italic">l</hi>. voter, not a freeman—I voted for Mr. Hodgson on the polling day—I have lived at Berwick all my life—I know William M'Gall—as far as I can remember he has lived at Berwick all my time—I knew him, just by sight, before the election—I had never to my knowledge spoken to him before the polling day in the least whatever—as near as I can remember I think it was about 2 o'clock in the afternoon, or a little after, that I polled—I do not remember at what house Mr. Hodgson's committee was—I know Gibson's public-house—I never remember speaking to M'Gall in my life till the polling day—I had seen him before I "polled; it might be about twenty minutes before—it was in Gibson's room up stairs—I saw no one else in the room but M'Gall—it was a room on the first flight above the ground—Gibson's is a public-house—I do not know in what part of the house they carry on the public business; the bar is on the ground floor—I do not know whether they carry on the business on the ground floor only, or also on the upper floors—I went into this room; it was not a room fitted with benches, to serve liquor; I saw nothing of that kind—I could not say, because I paid no attention to what was in the room—I was led into the house by a stronger; I do not know who he was—I was fifteen or twenty yards from Gibson's at the time the stranger came up to me—he took me into the house, up stairs to the landing, and told me to go in at the door, and I went in—I did not shut the door to—I did not know Mr. M'Gall was there—I went in and said I had met with an accident and wanted a trifle of money, and I think he asked my name; he gave me 5
<hi rend="italic">l</hi>. and I came away—that was all that passed between Mr. M'Gall and me—I polled about twenty minutes after leaving M'Gall, as nigh as I can remember—I polled for Mr. Hodgson—I could not say whether there were any election bills on the walls of Gibson's house—there might be; I do not know—I do not know what coloured bills either Mr. Hodgson or Mr. Marjoribanks had—I do not recollect seeing any bills on the house.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">SIR F. SLADE</hi>.
<hi rend="italic">Q.</hi> You are quite sure this was about 2 o'clock in the day when you went into Gibson's house?
<hi rend="italic">A.</hi> Yes, to a nearness—I am sure it was past one—I have nothing to be sure about, no further than the time of day—I could not say to a quarter of an hour, but I am sure it was past 1—it might have been about 2 or a little after that I polled; I know it was about 2, to a nighness—I do not know the stranger—I never saw him since, or before, to my knowledge—he did not tell me where</p>
<xptr type="pageFacsimile" doc="186007090010"/>
<p>he was going to take me—he either said, "Come along with me," or, "Come on this way," I will not swear which it was—I knew the house I was going to—I went with a stranger that day because I had had some drink—I consider I was not drunk—I do not know that I was exactly fresh—I voted for Mr. Hodgson that day—I voted on the election before for Captain Gordon and Mr. Cure: the Conservative side—I was offended with the other party—I never had any money before at an election; I was not bribed—nobody ever gave me a present of five sovereigns before, nor since, to my recollection—I did not tell anybody what luck I had had to get the five sovereigns—I never told a soul to my recollection—I never told a single soul that I had got five sovereigns till I had been treated up in London—I heard up in London that it was running very fine against Mr. Marjoribanks—I was put close by here, in an inn—I do not know how many of us were penned in together at Mr. Marjoribanks' expense—I do not know that there were so many that I could not count them—I saw no champagne with the first class—I do not know anything about the whiskey and ale class—I had as much as I wanted—I think I first went away on Thursday night, and came up on Sunday night—I went from Friday to Monday morning—I do not know about its being rack and manger all the time—I was there till Wednesday; four days; and came up again Monday, Tuesday, and "Wednesday; three days—having engaged myself there, I told what I knew, in the lobby, just before I was called in—they had not been pumping me all the time as to what I was going to say; I was never asked anything before I was called in—I do not know what they had me there for—they did not know what I was going to say—I never told anybody—I do not know whether it was lawful to question me before I was called in or not—I was privately examined by attorney Douglass, who, I understood, was Mr. Marjoribank's attorney—he said that I should probably be the next witness called in—I do not know whether he mentioned M'Galls name—he said I was to be called in, and I said I would tell the truth—I did not know that any vote was under discussion, or that I was to be called in against my own vote—I represent that I told nobody—I did not tell my wife that I had got five sovereigns, and I do not think she ever found it out—I put them with other money, which, of course, rather increased the stock—I saw M'Gall in the lobby, but do not think I spoke to him—I will swear I did not—I have got several friends in Berwick, but never mentioned this good luck to them—I do not know how they came to pitch upon me at Berwick, and bring me tip to London, not knowing whether I knew anything about it—I am perfectly willing that that should remain a mystery till the last day—they gave me, after the election was over, just so much as to carry me down again—I got 5
<hi rend="italic">l</hi>.—the fare, third class, is 1
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—they paid all my expenses up in town—I paid for nothing where I was stopping—they paid for my coming up before—I got 5
<hi rend="italic">l</hi>., out of which I had to pay my expenses, and the rail down again, and my day's work—both times that I was up I got that—I saw nobody on the stairs when I went up into this room, no door-keeper or messenger—I had only two or three glasses of ale that day—I had no whiskey to my knowledge—I know the lad Mace—I do not recollect saying to him that I did not know where I got the money from, or who gave it me, that I got it in the street—I never mind speaking to the boy about money or anything else—(
<hi rend="italic">A little boy named James Mace was here brought into Court</hi>)—I may have said so to that boy when I was the worse for liquor, but I do not remember saying it—I did not mention it to my knowledge to a</p>
<xptr type="pageFacsimile" doc="186007090011"/>
<p>single soul until I came up into the lobby—I will not swear I did not, because when I am the worse for liquor I do not know what I am saying—I do not remember speaking to the boy about it at all, and did not do so in sobriety—I did not say the same to Jane Mace, the boy's mother, or to any person else.</p>
<hi rend="smallCaps">MR. SOLICITOR GENERAL</hi>.
<hi rend="italic">Q.</hi> Were you brought, up from Berwick once, or more than once?
<hi rend="italic">A.</hi> Twice—I came up on Monday morning, and returned on Thursday evening—I lived near Gibson's, New Bridge-street—that is an inn—there were a good many lodging there; other Berwick people who were up at the election—I lived with the rest in the same way as they did
<lb/>I came up on the Sunday again—it was Sunday both times, and I remained till Thursday—that 5
<hi rend="italic">l</hi>. that I received was to carry me down, and for my time—I got 3
<hi rend="italic">l</hi>. to come up besides—I got 3
<hi rend="italic">l</hi>. each time I came up, and 5
<hi rend="italic">l</hi>. to go down each time, that was for my travelling expenses and time—I got back to my business on Friday morning, having been absent the whole time—I went down by the night train on each occasion—I left Berwick because I was served with a Speaker's warrant, not each time, but the last time I was told to go down and come back—I came up each time to answer any questions that might be put to me on the Committee—I paid no attention whatever to how the poll was going on—I said to different people in the early part of the day that if I voted I would vote for Hodgson—I was quite indifferent before I got the money whether I voted or not—I was not bound to vote—I cannot say that I had made up my mind to vote before I went into Gibson's—I heard people talking about some money going before I saw this stranger, but I should never have gone to Gibson's if I had not been taken there by the stranger—how the polling was going on I did not know—I paid very little attention to what was going on on that day.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">Q.</hi> Are you in the habit of getting intoxicated?
<hi rend="italic">A.</hi> At times
<lb/>I was not drunk at this time—I was a little the worse for liquor, but nothing to speak of.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-34" type="witnessName">
<interp inst="t18600709-name-34" type="gender" value="male"/>
<interp inst="t18600709-name-34" type="surname" value="BLAYLOOK"/>
<interp inst="t18600709-name-34" type="given" value="ROBERT"/>ROBERT BLAYLOOK</persName> </hi>. I am a butcher by business, and live at Berwick
<lb/>upon-Tweed—I am a voter for the borough, a ten-pounder, not a freeman—I remember the last election for Berwick—I recollect the polling day—it was on Saturday—I remember being, on the morning of that day, near the Town Hall—I know Gibson's public-house—I was standing about thirty or forty yards from that, I think, up the High-street—whilst standing there a person came up to me—I do not know who that person was—he said there was a gentleman wanted me to go up to Gibson's up to the top of the house—I went to Gibson's—it is a three-storied house—I went to the room at the top of the stain—it was the highest room in the house—there is one story on the ground floor, and this would be two stories above that—it was on the second floor—the stranger did not go up with me—I could not say whether he came to the foot of the stairs or not, but I was ordered to go up to the top of the stairs—the stranger told me that there was 8 gentleman at the head of the house wanted me, and I went up—I found Wm. M'Gall there—I had known him before—there was no one else in the rooms, that I could see, nor any one about the stairs, that I saw—he said, "Is that you, Blaylock I said? "I said, "Yes," and he took three sovereigns out of his pocket, and said, "Put them in your pocket, and go and poll"—I was down directly—I did not poll till 2 or a little after 2 in the afternoon—it was 9 or 10 o'clock when he spoke to me, just after I had got my breakfast, and came down from our house—I polled for Mr. Hodgson.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">SIR F. SLADE</hi>.
<hi rend="italic">Q.</hi> Had you the luck to come</p>
<xptr type="pageFacsimile" doc="186007090012"/>
<p>across a stranger too, or did a stranger come across you? you say it was a strange man that took you there?
<hi rend="italic">A.</hi> Yes; a man tapped me on the shoulder, but who, I did not know—he told me to go up to the top of Gibson's house, that a gentleman wanted me—I went up and saw M'Gall—I did not ask him what he wanted—I did not stand with my mouth open—he said, "Is that you, Mr. Blaylock?"—I said, "Yes"—he put his hand in his pocket, gave me three sovereigns, and said, "Take that, and go and poll"—he did not tell me who I was to go and poll for—I do not know whether it was bribery or not—I never had such a thing as that happen before, as having three sovereigns or three anything given to me—I was bad, and was confined to my house for a month, and never was about when they were canvassing—I had not promised my vote—I was ill in bed, and Mr. Hodgson called about my being so ill—he sat down, and one Fleming came, and I said to him, "If I do not poll for you I will not poll against you," and I did not intend to poll at all—I cannot say why I did not tell them at first that I had had the three sovereigns—I made no secret of it—it appears to me that I have told nobody—there was one, Mistress M'Clean who said I told her.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">Q.</hi> Did you tell her?
<hi rend="italic">A.</hi> Well, if I was sworn I could not tell whether I told her or not, but I got the money—I do not recollect telling her that I had 6
<hi rend="italic">l</hi>. in two sums of 4
<hi rend="italic">l</hi>. and 2
<hi rend="italic">l</hi>.—I cannot say—I could not say I got two sovereigns and four sovereigns—the other three sovereign were paid by Mr. Fleming, about 2 o'clock, or a little after—I had not polled then—I got the first three after breakfast, and the second about a minute or two after 2, not before I polled, but just before Mr. Fleming came to me, and my own butcher—I did not tell Mrs. M'Clean that Mavor had given me some money—I could not—I was nine or ten days up in tows before they called me down to the House of Commons, and was living at Gibson's in Newgate-street with the whole party—I cannot say how many were there—I was very well fed—there was no wine where I was, nor was there beer and whiskey as much as we liked—sometimes when we called for drink it was stopped—there were plenty there—they wanted drink, and they would not give it to them—they would not give them whatever drink they wanted—they paid me, after the election, 10
<hi rend="italic">s</hi>. a day for my time—that is very good—when I was called in I let the cat out of the bag—they did not tell me that it was going hard with Mr. Marjoribanks who was paying for all my grub—I never said a word to any one till after I was sworn, and then I spoke the truth—the progress of the petition was not mentioned and I canvassed at the public-house after that—I never told any one that I would get a penny from any body—two or three persons were at me to know when I had the money—Mr. Bogue, and Mr. Sanderson the grocer, and another
<lb/>Bogue took an active part in Mr. Marjoribanks' election—it may be four or five days after I came up that they tried to get me to tell—I was there about ten days—I got 5
<hi rend="italic">l</hi>. for loss of time—I got 9
<hi rend="italic">l</hi>. paid me—there was 6
<hi rend="italic">l</hi>. and 3
<hi rend="italic">l</hi>. to go down, making 9
<hi rend="italic">l</hi>.—Marjoribanks' party gave me 3
<hi rend="italic">l</hi>. to come up, and I paid 1
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—my evidence was taken down in writing in Gibson's, but I never told any one what I knew—I said, "When I go to the House I will speak the truth"—that was not in the lobby, it was when I was sworn—I had voted before for Mr. Gordon and Mr. Stapleton—I did not vote for Mr. Marjoribanks—I cannot tell anybody to whom I told that I had 3
<hi rend="italic">l</hi>., because I got a little drunk, and I might tell several people—Mrs. M'Clean is my sister-in-law—I cannot say whether I showed her any money on the day of the election, for I was a little fresh—I did not tell her I had had 4
<hi rend="italic">l</hi>. from a man named Thompson—I know she says I did, but I never got 4
<hi rend="italic">l</hi>. from Mr.</p>
<xptr type="pageFacsimile" doc="186007090013"/>
<p>Thompson in my life—this was up at the top of the house—I did not say when I was examined that I did not know what room it was—it was a front room—I think it faces you at the top of the stairs.</p>
<hi rend="smallCaps">MR. SOLICITOR GENERAL</hi>.
<hi rend="italic">Q.</hi> How often were you up in London before the election; once or twice?
<hi rend="italic">A.</hi> This is the third time—I was up once before the House of Commons; then before the Grand jury here; and then I came up to go to this Court—I left London on Sunday night—I had reached London on Monday morning—I travelled up from Berwick—I came away at 11 o'clock on Sunday night, and arrived in London on Monday morning—I left London on the Thursday in the next week—my business is a butcher—I considered when I got 10
<hi rend="italic">s</hi>. a day that that paid me for my expenses and for my loss of time—I was served with a Speaker's warrant to come up and give evidence—I had spoken to M'Gall before that time, but I was not in the habit of polling or giving votes—I knew him by sight—I had not seen him moving about, busy, at former elections—I cannot say whether any of Mr. Hodgson's friends were calling at Gibson's during the polling day, because I had never been at the house—I came straight out—I know Mrs. Turnbull—she told me that I told her I had got some money—I do not remember telling her, but I take her word for it; I may have mentioned it—I remember seeing her on the polling day in the tap-room at Gibson's, as I was going in—Mr. Miller will tell you that he interrupted me about 2 o'clock in the afternoon—that was after I got the 3
<hi rend="italic">l</hi>. from Fleming, and after I polled—I went into Gibson's tap-room—she came to me when I was sitting there—I think it was on the Thursday that I was examined before the House of Commons, the day I went away: no, it was before that; I went away on Thursday, and it was a day or two before that that I was examined.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">Q.</hi> Are you a journeyman butcher, or have you a shop of your own?
<hi rend="italic">A.</hi> A journeyman—I kill by the piece—I earn on an average 8
<hi rend="italic">s</hi>. or 10
<hi rend="italic">s</hi>. a week—I did not know who M'Gall was acting for; I took no interest in the thing; I did not want to have anything to do with it—I never heard his name mentioned—he mentioned nobody's name to me—he did not tell me who I was to poll for—I did not know who the 3
<hi rend="italic">l</hi>. came from, nor on whose side it was paid—when I got the money I went down by the railway, and never went near anybody till they sent for me.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-35" type="witnessName">
<interp inst="t18600709-name-35" type="gender" value="male"/>
<interp inst="t18600709-name-35" type="surname" value="BROWN"/>
<interp inst="t18600709-name-35" type="given" value="JAMES URQUHART"/>JAMES URQUHART BROWN</persName> </hi>. I go to the fishing—I live at Berwick, and am a freeman—I voted for Mr. Hodgson at the last election—I polled about 3 o'clock, or a little after—I was at a house that day, but I cannot say whether it was Gibson's or not—I do not know Gibson's by name—I went into a room in a public-house about the same time of the day—I cannot say whether it was before or after I polled—it was a room down stairs, at the back—I saw M'Gall there; he gave me four sovereigns—I was not there a great while, about ten minutes—he did not say a word to me—I did not say anything to him; there was not a word said between us—he put the money into my hand from his pocket—he was standing up at the time—I did not see anybody else but us two in the room at the time—he did not say anything to me after he had given me the money—he did not say what it was for—I had had a glass of beer that day—after I got the money I went away down to the water-side—I think I polled after that—I got that glass of beer at the same house, before I got the money—nobody told me to go into that room; I went in myself—nobody was there to tell me to go in—I was going into the back yard, and I just went in by chance.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">SIR F. SLADE</hi>.
<hi rend="italic">Q.</hi> Is this an every day things to jump into a room by chance, where there is a man, who gives you four sovereigns</p>
<xptr type="pageFacsimile" doc="186007090014"/>
<p>and never says a word to you; how came you to go in?
<hi rend="italic">A.</hi> I went in to get some beer, and just looked into that room—that never happened to me before or since—I was doing nothing all the ten minutes, only just standing there—what I say is true; that I just went in by chance, and that I stood there ten minutes—I never told a living soul that I had got four sovereigns, or any money—I have got friends—I never told them that I had got four sovereigns—I told nobody—there was a parcel I took up to a place at Islington; that is how they found me out—I cannot say how they found out that I had any information to give them about Mr. M'Gall—I was living at Gibson's, in Newgate-street, with the rest about fifteen or sixteen days—I was in the whiskey class, and had as much whiskey as I liked to ask for—I told them about the four sovereigns the very day that I was called upon at the House of Commons—I was to be examined twice, but I was not—I got some money after the petition was over—they gave me 5
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.; that was for my expenses down, and the time that I was there—the 5
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. was to go down to Berwick—it was 4
<hi rend="italic">l</hi>. for the time I was there, and 1
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. to go down to Berwick—the 4
<hi rend="italic">l</hi>. was for the time I was at the House of Commons—they did not bring me up from Berwick, I came up on my own
<hi rend="italic">hook</hi>—I had been in London some time—I had been a knife
<lb/>boy; cleaning knives at a public-house at Islington; earning about 6
<hi rend="italic">s</hi>. a week there—5
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. is all that I got—I did not get any money from Mr. Marjoribanks—I got it from Crossman—that was the 2
<hi rend="italic">l</hi>. that I got at the House of Commons—that was just before I gave my evidence—that was for expenses—I did not ask for it; they volunteered it—they did not put it into my hand and say, "Now go into the room and swear up to the mark"—they did not say anything to me when they slipped two sovereigns into my hand, just before I went into the Committee-room—I had no money in my pocket then, and that was for pocket money—I did not tell them that I had no money in my pocket—I had no money because I was out of work at the time, before I went to Newgate-street—I did not get these two sovereigns before I went to Newgate-street—I got them while I was there
<lb/>I was not very much obliged to them for what they did—I did not go in and swear against Mr. M'Gall after I got the two sovereigns—I speak the truth—I spent some of the two sovereigns—the whole party of us went to the play—we paid for ourselves sometimes when we went there—I did not go very often to the play; about once a week—I was there twice—I paid for myself once, and was treated once—I was only there about twice—I was not there three times—I do not know who was the paymaster that went with us from Gibson's—it was not Mr. Crossman—he never took me to the play—we went into the down stairs part of the house—there were not six or seven of us went—sometimes two or three went at a time—three is the greatest number that went together—I do not know whether I was treated to the play the night I had given my evidence, or before—I cannot tell you what play I saw—I cannot say whether I got the money that I have sworn I got from M'Gall before or after I polled; I think it was after I polled—I I swear that it was after I polled—when I was before the Committee I was not sure whether it was before or after, but I recollect now—I think I received the money after I polled, because I recollect going away directly, down to the water-side—it was after, I stand to that—I had not told M'Gall that I had polled for Mr. Hodgson, and he did not know it—I got the money after I had polled—I polled about 3 or half-past—I do not know Alexander Wake, a tailor—(
<hi rend="italic">Wake was here called in</hi>)—I think I have seen him before
<lb/>I know him by sight.</p>
<hi rend="italic">Q.</hi> Now did you come up in the street to where Mr. M'Gall was standing</p>
<xptr type="pageFacsimile" doc="186007090015"/>
<p>with Wake, and complain that there was such a crowd you could not go to the poll; and did Wake say to you, "If you will come with me, I will take you up to the poll, and see you poll?"
<hi rend="italic">A.</hi> No; that is not true—in the place where I saw M'Gall, in the room, was just by the Town-hall—I do not know Harry Gibson's house—I do not know the street in which his house is—I can
<lb/>not say whether it was in the same street in which his house is—I do not know where Gibson lives—this took place at a house close by the Town-hall—I cannot tell you the person's name who keeps it, nor the sign—I never looked at the sign—it was in the wool-market—I have been down to Berwick since the Committee—I have not ascertained where the house was I was never much down the street; the High-street—the house was not in High-street—I have not been down there much to look for it—I know a man I called Michael Anderson—I cannot say that I know George Knox, or Robert Douglass—I did not tell Anderson that Mr. Marjoribanks' party wanted me to state that I had got money from M'Gall—I did not say to Anderson "They want me to state that I got money from M'Gall"—nothing to that effect—nothing of that sort.</p>
<hi rend="italic">Q.</hi> Did you tell Anderson you were summoned here, and on his saying "What was it about? "did you say, "They wanted me to say that I got money from M'Gall"?
<hi rend="italic">A.</hi> I never had any conversation with him at all; not in London—he did not say, "You know best, "—I did not say, "I never got a penny of M'Gall in my life"—I never made that answer in my life
<lb/>nothing of the sort.</p>
<hi rend="smallCaps">MR. SOLICITOR GENERAL</hi>.
<hi rend="italic">Q.</hi> In what month did you leave Berwick and come to Islington?
<hi rend="italic">A.</hi> About the end of October, after the election—I came up by sea—I reached London in October or November—at London I left the ship that I had come up in—I was out of employ in London some time—I then got employment at Islington—that was the first employment I had in London—I was at some dining-rooms—I did not wait—I cleaned knives, and fetched the beer, and things of that sort—my father was living at Islington—I left Berwick because a brother of mine died—that was what I came up for—I came up to see my brother, and stopped up—my father did not help me to get employment—I had left the employment at Islington when I was first spoken, to about giving evidence before the Committee—I was living with my father, out of employment—I was spoken to about being examined the day before I was examined—I was to appear the next day after I was first spoken to—I was told the day before I was examined that I should be examined—I was examined about a week after I was at Gibson's—I went to Gibson's rather more than a week and a half before I was examined by the Committee—I had been at Gibson's about a week before I was examined—Mr. Douglass told me to go to Gibson's—I do not know whether he was a lawyer—I do not remember seeing him at Berwick—when he told me to go down to Gibson's, he then told me that I should or might have to be examined—I did not tell him that I wanted to go home to Berwick when it was over—I went down to Berwick—I go to the fishing, and Berwick is the place I go from—I received altogether the 5
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., and the 2
<hi rend="italic">l</hi>.—I am sure that it was Mr. Crossman that gave me the 2
<hi rend="italic">l</hi>.—to the best of my recollection he did not say anything, nor did anything pass, when he gave me the money—that was the first money which I received
<lb/>that was all the money I received before I was examined—I received the 2
<hi rend="italic">l</hi>. before I was examined, and the rest afterwards—I stopped with the other wit
<lb/>nesses who were up from Berwick—we lived altogether—the inn where I got the money was close to the Town-hall—the polling was going on at the Town-hall.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">Q.</hi> You say it was the day before you were examined that you</p>
<xptr type="pageFacsimile" doc="186007090016"/>
<p>were first spoken to?
<hi rend="italic">A.</hi> It was the day I got ray notice—I was then at Islington—I was at Gibson's for a week before I was called upon—I mean the day I was first spoken to was the day before I went to Gibson's I said that the place was close to the Town-hall, and in the wool-market—the Town-hall is at the end of the wool-market—I saw Mr. Crossman in the lobby of the House of Commons—I had been to his office in Gray's Inn-lane before I went to Gibson's—I was not examined there—I did not tell him what I had to say—I told him nothing—I was then sent to Gibson's—he did not give me the money at his office—I never told him that—I had not received any money from M'Gall or from anybody else—I told him that I could give some evidence, but I did not tell him anything.</p>
<hi rend="italic">Q.</hi> What did you mean by saying just now that you did tell him that you could give some evidence?
<hi rend="italic">A.</hi> I did not tell him anything about any evidence at all—I did not tell Mr. Douglass anything—I did not see him till I was at the House of Commons—the other men went to Gibson's—Douglass sent me there, and told me that I might have to be examined—that is true enough—I saw Mr. Douglass at the House of Commons, and he told me to go to Gibson's—that was the first day of my being at the House of Commons—I had been to Gibson's a week before that, but Mr. Douglass told me to go to Mr. Gibson's the first day I came—I saw him the first day I went to the House of Commons, and he told me to go to Gibson's—I did not say I had been at Gibson's a week before; I said I was there a week before I was examined—I went to the House of Commons before I went to Gibson's—I went to the House of Commons because I did not know where to go till I saw Mr. Douglass—I went there because the Speaker's warrant told me to go there.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-36" type="witnessName">
<interp inst="t18600709-name-36" type="gender" value="male"/>
<interp inst="t18600709-name-36" type="surname" value="WRENTON"/>
<interp inst="t18600709-name-36" type="given" value="JOHN"/>JOHN WRENTON</persName> </hi>. I am a house carpenter, carrying on business at Tweedmouth, close to Berwick—I have known William M'Gall for many years by sight—I have not been in the habit of talking to him—I have been in the habit of going in and out of Berwick all my lifetime—I have not lived at Tweedmouth all my time—I have lived part of my time at Berwick—Tweedmouth is over the water—I remember being in Berwick on Saturday, the polling day, last year—it would be after 1 o'clock that I came into Berwick; between 1 and 2 I think—I am not a voter—I knew that the polling was going on at the Town-hall, and I went towards it to see how things were going on—coming from Tweedmouth I should have to I come across High-street to get to the Town-hall—I should not come up Church-street; either the Eastern-lane or the Western-lane, I do not know which—I went round to the part of the Town-hall where the filing was going on—I went there twice—the second time I went would be between 2 and 3 o'clock—the other time would be about 5 or 10 minutes after I got into the town—I know Gibson's public-house—I think it is the George—it is near the Town-hall—the wool market is near the Town-hall, which stands in High-street—this sketch is correct—Gibson's house is really in Church
<lb/>street, but is near the wool market near the Tows-hall, and near High
<lb/>street—I saw M'Gall and Miller either the first time I went there, or the second; I do not know which—it was William Miller the rope-maker that I saw—he was standing on the edge of the pavement, and M'Gall about a yard and a half off—it was within a few yards of Gibson's door—the pavement I speak of is the pavement in front of Gibson's house, and in Church-street—I could not say whether Miller and M'Gall were talking; they appeared to be conversing—M'Gall was looking towards Miller—M'Gall was in the carriage road, about a yard and a half from the pavement—his back would be towards Gibson's house, nearly in the position he was</p>
<xptr type="pageFacsimile" doc="186007090017"/>
<p>standing—Miller was standing looking down Church-street—as I could judge they appeared like two men conversing together—Miller appeared to be excited, and M'Gall appeared to me by his gesture and actions as though be were trying to soothe him and to quiet him down—I could not hear the sound of conversation—I heard nothing—I passed up Church street—I was going up Church-street when I saw Miller and M'Gall together—I was behind the Town-hall, going up Church-street—they were just come to High-street—I passed along the carriage road—M'Gall was in the carriage road also—I was not far from him—it is a narrow street.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">SIR F. SLADE</hi>.
<hi rend="italic">Q.</hi> Did you go before the Grand jury?
<hi rend="italic">A.</hi> No; they have picked me up since—they found me out because I happened to name it—I did not manage the brewery of Mr. Douglass' father—I worked in a brewery some time ago—Mr. Douglass was agent to Mr. Marjoribanks—this was a year ago pretty nearly, August 1859—at the time that the inquiry was going on at the House of Commons I first said that I saw M'Gall talking to Miller and soothing him down—I went to the House of Commons, but was not called—they knew what I had to say and did not call me, not did they call me before the Grand jury—I was perhaps two or three yards from these two gentlemen—I did not hear what they said—I paid no attention to them—I was passing up the street—I only saw some action—I cannot put myself in the position that Miller did when he appeared excited—M'Gall was just going with his hand in this way—I do not know whether he had a stick or not—I do not understand making mesmeric passes—I do not know how long this pantomime was going on—I was only passing by—I had to pass near them, and then turn up the other street—there was not a great crowd—it did not make a great impression on me—I saw nobody making gestures or excited, besides unhappy Miller—I cannot tell you whether it was the first or second time that I went to the Town-hall that I saw this pantomime going on—I was up in London at Gibson's, in Newgate-street, in the second class—I mean that there was not party down stairs—my party drank wine but I did not—there was no champagne; I never saw any even on the night they won—I did not go to the theatre—there was not a class above us—we were up stairs—there were a dozen or twenty in our class—we had a good breakfast every morning, a substantial luncheon, dinner, and supper—I never saw any of them put to bed tipsy—I do not know that cigars were supplied too—there was smoking—I did see some of them put their hands in their pockets, but we got what we liked to call for—they never denied us anything—I do smoke occasionally—I did not pay for my cigars; I never had one, I had a pipe—I did not pay for that—I never paid for a single thing—I was not there ten days; I think it was four days—I was there from Monday morning up to the day the inquiry was withdrawn—left on Friday morning, not to go to Berwick; I wanted to stop a few days, as I was not very well, and I went to a friend's—as a second class man, I got 4
<hi rend="italic">l</hi>. to pay expenses coming up—that cost me 30
<hi rend="italic">s</hi>.—I got 10
<hi rend="italic">l</hi>. altogether for four days, and my board and lodging; that cost me 3
<hi rend="italic">l</hi>.</p>
<hi rend="smallCaps">MR. SOLICITOR GENERAL</hi>.
<hi rend="italic">Q.</hi> How many days were you altogether in London?
<hi rend="italic">A.</hi> A week—I left home on the Sunday night, and got home again next Sunday morning—I do not remember the day of the month upon which I went back—I went back with some of the people who had come up to be examined—I saw Mr. M'Gall go back, and Mr. Weatherby—to was after the Committee was over that I went back—I was paid for my expenses, and also for loss of time.</p>
<xptr type="pageFacsimile" doc="186007090018"/>
<hi rend="smallCaps">
<persName id="t18600709-name-37" type="witnessName">
<interp inst="t18600709-name-37" type="gender" value="female"/>
<interp inst="t18600709-name-37" type="surname" value="TURNBULL"/>
<interp inst="t18600709-name-37" type="given" value="JANE"/>JANE TURNBULL</persName> </hi>. I live at Berwick, and have for between thirty and forty years—I cannot say exactly the time—I was employed at Gibson's public-house on the polling day at the last election to help wait—there was a Committee room at that house—I suppose it was Mr. Hodgson's Committee room—it was up stairs—a good many people were going up and down the stairs to the Committee room—having lived there so long, I knew that some of them were freemen and voters—I could not name them all—I saw M'Gall at Gibson's that day—I first saw him in the fore part of the day—I think I saw him there more than once—I am not sure—I saw him going up stairs—I heard him ask some of those whom I knew to be voters to go and poll—I saw Robert Blaylock there that day—I saw him in the fore part of the day, and again after the poll—I saw him go up stairs—I could not exactly say whether M'Gall was at the house when Blaylock went up stairs—I saw M'Gall in the street, near Gibson's that day; about 1 o'clock; about the dinner hour; I could not say to half-an-hour—he was talking to Mr. Miller—I live a little farther up the street—I went to see my little girl, and as I returned to Gibson's, I saw them talking together on the other side; not the side of the street that I was—I was on one side, and they were on the other—they were on the opposite side of the street to Gibson's—M'Gall had one foot on the flags, and Miller was next the windows, close to the houses—I only saw them together just as I passed—I did not stop any time—I could not hear what they were saying—I could observe that they were talking—I never saw Miller in the house that day, not that I can recollect.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">SIR F. SLADE</hi>.
<hi rend="italic">Q.</hi> Were you examined before the Committee in the House of Commons?
<hi rend="italic">A.</hi> Yes—I do not know whether they asked me distinctly whether I saw Blaylock go up stairs—I saw him going up stairs when I was going from the bar to the kitchen—there were a great many people in the town—there was an excursion train from Edinborough that day—I was very much engaged—I saw a man named Blaylock going up stairs—I do not know whether I was ever asked, but I answered all the questions I was asked—I do not know whether I ever stated it to the attorneys—my statement is there—I came up to Mr. Gibson's in Newgate-street, on, I think, Monday night, and stayed there two or three days I think—I only took ale at dinner—there were a good many ladies besides me—I had no gentlemen with me—I cannot tell whom I saw amongst the ladies—I got 3
<hi rend="italic">l</hi>. to come up with, and 3
<hi rend="italic">l</hi>. to go down—I got my days' wages while I was staying here; so much a day—I do not know whether it was 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. for three days—I got it altogether—I cannot tell—Mr. Gibson pays me a shilling a day at Berwick as my earnings; and I get more—I got 1
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., and all my victuals—I got 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. here and all my victuals; but I had to get a person to mind my house, as my husband was here—it was on the day of the poll that I saw Miller talking to M'Gall, when M'Gall's foot was on the kerb—I always remembered that.</p>
<hi rend="italic">Q.</hi> You say here, "Did you see William Miller in the house that day? I cannot exactly say; I do not mind seeing him that day."
<hi rend="italic">A.</hi> Yes, that is right—that was in the house you know—I did not say before the Committee that I had seen Miller talking to M'Gall—I never was asked.</p>
<hi rend="italic">This being the case for the prosecution</hi>,
<hi rend="smallCaps">SIR F. SLADE</hi>
<hi rend="italic">submitted, first, that it was necessary to constitute perjury, that it must be committed on a material point, which was not the case here; as the question before the Committee had resolved itself into a question of scrutiny, and scrutiny only; Secondly</hi>,</p>
<xptr type="pageFacsimile" doc="186007090019"/>
<hi rend="italic">that perjury cannot be assigned upon a question which a man answers untruly, if it is one which he is not bound to answer (See Roscoe's Criminal Evidence, page 300), and, thirdly, that the evidence only amounted to oath against oath, uncorroborated by any independant witness, which was not sufficient to constitute perjury.</hi>
<hi rend="smallCaps">THE COURT</hi>
<hi rend="italic">considered that the third point was one which must be reserved if it became necessary, and that</hi>
<hi rend="smallCaps">MR. SOLICITOR GENERAL</hi>
<hi rend="italic">need not address himself at present to the others.</hi>
<hi rend="smallCaps">
<rs id="t18600709-588-verdict-1" type="verdictDescription">
<interp inst="t18600709-588-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18600709-588-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18600709-589">
<interp inst="t18600709-589" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-589" type="date" value="18600709"/>
<join result="criminalCharge" id="t18600709-589-charge-1" targOrder="Y" targets="def1-589-18600709 t18600709-589-offence-1 t18600709-589-verdict-1"/>
<persName id="def1-589-18600709" type="defendantName">
<interp inst="def1-589-18600709" type="gender" value="male"/>
<interp inst="def1-589-18600709" type="age" value="34"/>
<interp inst="def1-589-18600709" type="surname" value="JOHNSON"/>
<interp inst="def1-589-18600709" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY JOHNSON</hi> (34)</persName>
<rs id="t18600709-589-offence-1" type="offenceDescription">
<interp inst="t18600709-589-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600709-589-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing, on
<rs id="t18600709-cd-1" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18600709-589-offence-1 t18600709-cd-1"/>17th December</rs>, 72 yards of camlet, 150 yards of alpaca, and 48 yards of mohair cloth; and, on
<rs id="t18600709-cd-2" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18600709-589-offence-1 t18600709-cd-2"/>2d March</rs>, 336 yards of mohair cloth, 40 yards of alpaca, 2 dress pieces, and 1 table cover; and, on
<rs id="t18600709-cd-3" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18600709-589-offence-1 t18600709-cd-3"/>18th April</rs>, 160 yards of alpaca, and 36 yards of mohair, the property of
<persName id="t18600709-name-39" type="victimName">
<interp inst="t18600709-name-39" type="gender" value="male"/>
<interp inst="t18600709-name-39" type="surname" value="WARREN"/>
<interp inst="t18600709-name-39" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18600709-589-offence-1 t18600709-name-39"/>Thomas Warren</persName>; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18600709-589-verdict-1" type="verdictDescription">
<interp inst="t18600709-589-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600709-589-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18600709-589-punishment-7" type="punishmentDescription">
<interp inst="t18600709-589-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18600709-589-punishment-7" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-589-18600709 t18600709-589-punishment-7"/>Confined Eighteen Months</rs>.</hi> </p>
<hi rend="italic">There was another indictment against the prisoner.</hi> </p> </div1>
<div1 type="trialAccount" id="t18600709-590">
<interp inst="t18600709-590" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-590" type="date" value="18600709"/>
<join result="criminalCharge" id="t18600709-590-charge-1" targOrder="Y" targets="def1-590-18600709 t18600709-590-offence-1 t18600709-590-verdict-1"/>
<persName id="def1-590-18600709" type="defendantName">
<interp inst="def1-590-18600709" type="gender" value="male"/>
<interp inst="def1-590-18600709" type="age" value="27"/>
<interp inst="def1-590-18600709" type="surname" value="BELL"/>
<interp inst="def1-590-18600709" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY BELL</hi> (27)</persName>
<rs id="t18600709-590-offence-1" type="offenceDescription">
<interp inst="t18600709-590-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600709-590-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 421bs of beef, the property of
<persName id="t18600709-name-41" type="victimName">
<interp inst="t18600709-name-41" type="gender" value="male"/>
<interp inst="t18600709-name-41" type="surname" value="COCKERILL"/>
<interp inst="t18600709-name-41" type="given" value="JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t18600709-590-offence-1 t18600709-name-41"/>Joseph Cockerill</persName>; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18600709-590-verdict-1" type="verdictDescription">
<interp inst="t18600709-590-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600709-590-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.*—
<hi rend="italic">
<rs id="t18600709-590-punishment-8" type="punishmentDescription">
<interp inst="t18600709-590-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18600709-590-punishment-8" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-590-18600709 t18600709-590-punishment-8"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18600709-591">
<interp inst="t18600709-591" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-591" type="date" value="18600709"/>
<join result="criminalCharge" id="t18600709-591-charge-1" targOrder="Y" targets="def1-591-18600709 t18600709-591-offence-1 t18600709-591-verdict-1"/>
<persName id="def1-591-18600709" type="defendantName">
<interp inst="def1-591-18600709" type="gender" value="male"/>
<interp inst="def1-591-18600709" type="age" value="21"/>
<interp inst="def1-591-18600709" type="surname" value="MAYANT"/>
<interp inst="def1-591-18600709" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN MAYANT</hi> (21)</persName>
<rs id="t18600709-591-offence-1" type="offenceDescription">
<interp inst="t18600709-591-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600709-591-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, Stealing 26 collars, 4 sleeps, 4 chemisettes, and other articles; the property of
<persName id="t18600709-name-43" type="victimName">
<interp inst="t18600709-name-43" type="gender" value="male"/>
<interp inst="t18600709-name-43" type="surname" value="BROWN"/>
<interp inst="t18600709-name-43" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18600709-591-offence-1 t18600709-name-43"/>James Brown</persName> and another, his masters;</rs> to which he
<hi rend="smallCaps">
<rs id="t18600709-591-verdict-1" type="verdictDescription">
<interp inst="t18600709-591-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600709-591-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18600709-591-punishment-9" type="punishmentDescription">
<interp inst="t18600709-591-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18600709-591-punishment-9" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-591-18600709 t18600709-591-punishment-9"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18600709-592">
<interp inst="t18600709-592" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-592" type="date" value="18600709"/>
<join result="criminalCharge" id="t18600709-592-charge-1" targOrder="Y" targets="def1-592-18600709 t18600709-592-offence-1 t18600709-592-verdict-1"/>
<persName id="def1-592-18600709" type="defendantName">
<interp inst="def1-592-18600709" type="gender" value="male"/>
<interp inst="def1-592-18600709" type="age" value="26"/>
<interp inst="def1-592-18600709" type="surname" value="MOSS"/>
<interp inst="def1-592-18600709" type="given" value="JOSEPH THOMAS"/>
<hi rend="largeCaps">JOSEPH THOMAS MOSS</hi> (26)</persName>, was indicted
<rs id="t18600709-592-offence-1" type="offenceDescription">
<interp inst="t18600709-592-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600709-592-offence-1" type="offenceSubcategory" value="simpleLarceny"/> for that he, being a bailee of 320 yards of alpaca, did convert the same to his own use, with intent to steal it.</rs> </p>
<hi rend="smallCaps">MR. METCALFE</hi>,
<hi rend="italic">for the prosecution, stated that he should not be able to obtain witnesses from the Custom-house at Paris, and must therefore offer no evidence.</hi>
<hi rend="smallCaps">
<rs id="t18600709-592-verdict-1" type="verdictDescription">
<interp inst="t18600709-592-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18600709-592-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18600709-593">
<interp inst="t18600709-593" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-593" type="date" value="18600709"/>
<join result="criminalCharge" id="t18600709-593-charge-1" targOrder="Y" targets="def1-593-18600709 t18600709-593-offence-1 t18600709-593-verdict-1"/>
<persName id="def1-593-18600709" type="defendantName">
<interp inst="def1-593-18600709" type="gender" value="male"/>
<interp inst="def1-593-18600709" type="age" value="60"/>
<interp inst="def1-593-18600709" type="surname" value="GRAHAM"/>
<interp inst="def1-593-18600709" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN GRAHAM</hi> (60)</persName>
<rs id="t18600709-593-offence-1" type="offenceDescription">
<interp inst="t18600709-593-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18600709-593-offence-1" type="offenceSubcategory" value="forgery"/>, Forging and uttering a request for the delivery of 2 dozen files, with intent to defraud.</rs> </p>
<hi rend="smallCaps">
<persName id="t18600709-name-46" type="witnessName">
<interp inst="t18600709-name-46" type="gender" value="male"/>
<interp inst="t18600709-name-46" type="surname" value="ANDREWS"/>
<interp inst="t18600709-name-46" type="given" value="FREDERICK CHARLES"/>FREDERICK CHARLES ANDREWS</persName> </hi>. I am shopman to James Turner an iron
<lb/>monger, of 7, Bishopsgate-street—on 8th June the prisoner brought me this order—(
<hi rend="italic">produced</hi>) (
<hi rend="italic">Read</hi>: "June 8th, 1860. Please send as under, one down each, 12 x 14 bastard files, for R. Dale and Son. James Dale")—he did not say anything—I gave them to him—we had not done business with Messrs. Dale before, but knew them by name.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-47" type="witnessName">
<interp inst="t18600709-name-47" type="gender" value="male"/>
<interp inst="t18600709-name-47" type="surname" value="DALE"/>
<interp inst="t18600709-name-47" type="given" value="JAMES"/>JAMES DALE</persName> </hi>. I am a copper-smith of Upper Thames-street, carrying on business in the name of R. Dale and Son—the prisoner was in our employ about 6 years ago, and was in the habit of going for goods to different houses—this order is not written by our authority—I do not know the writing.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-48" type="witnessName">
<interp inst="t18600709-name-48" type="gender" value="male"/>
<interp inst="t18600709-name-48" type="surname" value="SHEPHARD"/>
<interp inst="t18600709-name-48" type="given" value="WALTER"/>WALTER SHEPHARD</persName> </hi> (
<hi rend="italic">City-policeman</hi>). The prisoner was given in my custody, and I found on him this other order (
<hi rend="italic">produced</hi>) for 7lbs. of brass wire for Messrs Dale and Son—the paper exactly corresponded with the other—I asked him how he accounted for it; he made no reply—there was 2 1/2
<hi rend="italic">d</hi>. found on him—I saw him fidgeting, and he produced 14
<hi rend="italic">s</hi>. from a private pocket.</p>
<hi rend="italic">Prisoner's Defence.</hi> I had nothing to do with the forgery—I cannot write so well—my friend kept it in my cap for fear it should be found on him.
<rs id="t18600709-593-verdict-1" type="verdictDescription">
<interp inst="t18600709-593-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600709-593-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of the uttering.</hi> </rs>
<hi rend="italic"> He was further charged with having been before convicted.</hi> </p>
<xptr type="pageFacsimile" doc="186007090020"/>
<hi rend="smallCaps">
<persName id="t18600709-name-49" type="witnessName">
<interp inst="t18600709-name-49" type="gender" value="male"/>
<interp inst="t18600709-name-49" type="surname" value="LEONARD"/>
<interp inst="t18600709-name-49" type="given" value="JOHN"/>JOHN LEONARD</persName> </hi> (
<hi rend="italic">Policeman M</hi>, 136). I produce a certificate (
<hi rend="italic">Read: Central Criminal Court:
<persName id="t18600709-name-50">
<interp inst="t18600709-name-50" type="gender" value="male"/>
<interp inst="t18600709-name-50" type="surname" value="BROWN"/>
<interp inst="t18600709-name-50" type="given" value="JOHN"/>John Brown</persName>, Convicted January, 1855, of forging and uttering a request for the delivery of 60 files; sentenced to Four years fan Penal Servitude"</hi>)—the prisoner is the person—there were two other indictments then, and a former conviction was produced against him.</p>
<hi rend="smallCaps">GUILTY</hi>.—
<hi rend="italic">
<rs id="t18600709-593-punishment-10" type="punishmentDescription">
<interp inst="t18600709-593-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18600709-593-punishment-10" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-593-18600709 t18600709-593-punishment-10"/>Four Years' Penal Servitude.</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, July</hi> 10, 1860</p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Ald.
<hi rend="smallCaps">MECHI</hi>, and
<hi rend="smallCaps">MR. COMMON SERJEANT</hi>.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18600709-594">
<interp inst="t18600709-594" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-594" type="date" value="18600709"/>
<join result="criminalCharge" id="t18600709-594-charge-1" targOrder="Y" targets="def1-594-18600709 t18600709-594-offence-1 t18600709-594-verdict-1"/>
<persName id="def1-594-18600709" type="defendantName">
<interp inst="def1-594-18600709" type="gender" value="male"/>
<interp inst="def1-594-18600709" type="age" value="35"/>
<interp inst="def1-594-18600709" type="surname" value="LOWE"/>
<interp inst="def1-594-18600709" type="given" value="FREDERICK WILLIAM"/>
<hi rend="largeCaps">FREDERICK WILLIAM LOWE</hi> (35)</persName>
<rs id="t18600709-594-offence-1" type="offenceDescription">
<interp inst="t18600709-594-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18600709-594-offence-1" type="offenceSubcategory" value="forgery"/>, Feloniously forging and tittering an order for 384
<hi rend="italic">l</hi>. with intent to defraud; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18600709-594-verdict-1" type="verdictDescription">
<interp inst="t18600709-594-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600709-594-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18600709-594-punishment-11" type="punishmentDescription">
<interp inst="t18600709-594-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18600709-594-punishment-11" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-594-18600709 t18600709-594-punishment-11"/>Four Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18600709-595">
<interp inst="t18600709-595" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-595" type="date" value="18600709"/>
<join result="criminalCharge" id="t18600709-595-charge-1" targOrder="Y" targets="def1-595-18600709 t18600709-595-offence-1 t18600709-595-verdict-1"/>
<persName id="def1-595-18600709" type="defendantName">
<interp inst="def1-595-18600709" type="gender" value="female"/>
<interp inst="def1-595-18600709" type="age" value="20"/>
<interp inst="def1-595-18600709" type="surname" value="CADELL"/>
<interp inst="def1-595-18600709" type="given" value="ELIZA"/>
<hi rend="largeCaps">ELIZA CADELL</hi> (20)</persName>
<rs id="t18600709-595-offence-1" type="offenceDescription">
<interp inst="t18600709-595-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18600709-595-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin; to which she </rs>
<hi rend="smallCaps">
<rs id="t18600709-595-verdict-1" type="verdictDescription">
<interp inst="t18600709-595-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600709-595-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18600709-596">
<interp inst="t18600709-596" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-596" type="date" value="18600709"/>
<join result="criminalCharge" id="t18600709-596-charge-1" targOrder="Y" targets="def1-596-18600709 t18600709-596-offence-1 t18600709-596-verdict-1"/>
<persName id="def1-596-18600709" type="defendantName">
<interp inst="def1-596-18600709" type="gender" value="female"/>
<interp inst="def1-596-18600709" type="age" value="18"/>
<interp inst="def1-596-18600709" type="surname" value="LADD"/>
<interp inst="def1-596-18600709" type="given" value="JANE"/>
<hi rend="largeCaps">JANE LADD</hi> (18)</persName>, was indicted
<rs id="t18600709-596-offence-1" type="offenceDescription">
<interp inst="t18600709-596-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18600709-596-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence; to which she</rs> </p>
<hi rend="smallCaps">
<rs id="t18600709-596-verdict-1" type="verdictDescription">
<interp inst="t18600709-596-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600709-596-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18600709-596-punishment-12" type="punishmentDescription">
<interp inst="t18600709-596-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18600709-596-punishment-12" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-596-18600709 t18600709-596-punishment-12"/>Confined Four Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18600709-597">
<interp inst="t18600709-597" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-597" type="date" value="18600709"/>
<join result="criminalCharge" id="t18600709-597-charge-1" targOrder="Y" targets="def1-597-18600709 t18600709-597-offence-1 t18600709-597-verdict-1"/>
<persName id="def1-597-18600709" type="defendantName">
<interp inst="def1-597-18600709" type="gender" value="male"/>
<interp inst="def1-597-18600709" type="age" value="37"/>
<interp inst="def1-597-18600709" type="surname" value="COOPER"/>
<interp inst="def1-597-18600709" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY COOPER</hi> (37)</persName>
<rs id="t18600709-597-offence-1" type="offenceDescription">
<interp inst="t18600709-597-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18600709-597-offence-1" type="offenceSubcategory" value="fraud"/>, Unlawfully obtaining, within three months of his being adjudged a bankrupt, goods, value 80
<hi rend="italic">l</hi>., the property of
<persName id="t18600709-name-55" type="victimName">
<interp inst="t18600709-name-55" type="gender" value="male"/>
<interp inst="t18600709-name-55" type="surname" value="LE MARE"/>
<interp inst="t18600709-name-55" type="given" value="ALFRED"/>
<join result="offenceVictim" targOrder="Y" targets="t18600709-597-offence-1 t18600709-name-55"/>Alfred Le Mare</persName>, with intent to cheat and defraud him thereof; to which he</rs> </p>
<rs id="t18600709-597-verdict-1" type="verdictDescription">
<interp inst="t18600709-597-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600709-597-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>
<hi rend="smallCaps">PLEADED GUILTY</hi>.—</rs>
<rs id="t18600709-597-punishment-13" type="punishmentDescription">
<interp inst="t18600709-597-punishment-13" type="punishmentCategory" value="noPunish"/>
<interp inst="t18600709-597-punishment-13" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-597-18600709 t18600709-597-punishment-13"/>
<hi rend="italic">Judgment Respited.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18600709-598">
<interp inst="t18600709-598" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-598" type="date" value="18600709"/>
<join result="criminalCharge" id="t18600709-598-charge-1" targOrder="Y" targets="def1-598-18600709 t18600709-598-offence-1 t18600709-598-verdict-1"/>
<join result="criminalCharge" id="t18600709-598-charge-2" targOrder="Y" targets="def2-598-18600709 t18600709-598-offence-1 t18600709-598-verdict-2"/>
<persName id="def1-598-18600709" type="defendantName">
<interp inst="def1-598-18600709" type="gender" value="male"/>
<interp inst="def1-598-18600709" type="age" value="23"/>
<interp inst="def1-598-18600709" type="surname" value="JONES"/>
<interp inst="def1-598-18600709" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN JONES</hi> (23)</persName>,
<persName id="def2-598-18600709" type="defendantName">
<interp inst="def2-598-18600709" type="gender" value="female"/>
<interp inst="def2-598-18600709" type="age" value="21"/>
<interp inst="def2-598-18600709" type="surname" value="VIGO"/>
<interp inst="def2-598-18600709" type="given" value="MARY ANN"/>
<hi rend="largeCaps">MARY ANN VIGO</hi> (21)</persName>
<rs id="t18600709-598-offence-1" type="offenceDescription">
<interp inst="t18600709-598-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18600709-598-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully utter
<lb/>ing counterfeit coin.</rs> </p>
<hi rend="smallCaps">MESSRS. BEST</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">POLAND</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18600709-name-58" type="witnessName">
<interp inst="t18600709-name-58" type="gender" value="female"/>
<interp inst="t18600709-name-58" type="surname" value="WATERS"/>
<interp inst="t18600709-name-58" type="given" value="EMMA"/>EMMA WATERS</persName> </hi>. I am barmaid at the Crown public-house, Long Acre. which is kept by my father—on the night of 12th June the prisoners came in together at about half-past seven—Jones asked for a pint of porter—I served them—the woman drank half the porter, and the man said he would rather have some gin for it if I would exchange it—I did so—he gave me 1
<hi rend="italic">s</hi>.; I gave him 10
<hi rend="italic">d</hi>. change—they then both left the house—I put the shilling that the man gave me into the till—there was no other there—about ten minutes afterwards the prisoners came again with three other men—Vigo asked for a pot of porter—I served her and she gave me a shilling in pay
<lb/>ment—I gave her 8
<hi rend="italic">d</hi>. change, and I put that shilling into the till—I had been to the till with some coppers between the time they came in first and when they came in the second time—I had not put any shillings in be
<lb/>tween the first and second visit—the prisoners and the other men drank the pot of beer, and Vigo said to me, "Fill this pot again"—I did so; Jones then gave me a shilling in payment—I went to the till, still keeping the shilling in my hand; I found I had not got a sixpence—I took from the till a shilling and a florin and gave it to the waiter, Thomas Christmas, to get change; when I gave them to him he said, "This will not do, it is a bad one," he said the shilling was bad—Jones then asked for some gin; he heard what Christmas said—Christmas then went round the bar and said to Jones, "Have you got any more of this sort," and he said, "Oh, yes, plenty"—and took a shilling from his pocket and threw it on the counter—Christ
<lb/>mas took it up and looked at it, and said it was bad—a policeman was sent</p>
<xptr type="pageFacsimile" doc="186007090021"/>
<p>for, and the prisoners were given into custody—Christmas took up the shil
<lb/>ling that was given to me on the last ocaasion, the one that I kept in my hand—I gave it to the policeman, and the one I had taken out of the till to give to the waiter to get change, and the one the prisoner took from his pocket—I did not see another shilling taken from the till.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-59" type="witnessName">
<interp inst="t18600709-name-59" type="gender" value="female"/>
<interp inst="t18600709-name-59" type="surname" value="WATERS"/>
<interp inst="t18600709-name-59" type="given" value="SARAH"/>SARAH WATERS</persName> </hi>. I am the mother of the last witness—I was at the Crown on the night of 12th June, when the prisoners were taken into custody—I went to the till directly the prisoners left the house—I found a bad shilling there—I broke it in two and gave it to the constable.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-60" type="witnessName">
<interp inst="t18600709-name-60" type="gender" value="male"/>
<interp inst="t18600709-name-60" type="surname" value="CHRISTMAS"/>
<interp inst="t18600709-name-60" type="given" value="THOMAS"/>THOMAS CHRISTMAS</persName> </hi>. I am waiter at the Crown public-house—on the evening of 12th June the prisoners came in there; whilst they were there Emma Waters gave me a florin and a shilling—I found the shilling was bad, and I went to the male prisoner and asked him if he had got any more about him; he said, "Yes, plenty," and took a shilling out of his pocket, and threw it on the counter—it was bad—I gave them to Miss Waters.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-61" type="witnessName">
<interp inst="t18600709-name-61" type="gender" value="male"/>
<interp inst="t18600709-name-61" type="surname" value="EMMERSON"/>
<interp inst="t18600709-name-61" type="given" value="WILLIAM"/>WILLIAM EMMERSON</persName> </hi> (
<hi rend="italic">Policeman, 104 F</hi>). I took the prisoner into custody on 12th June last—I produce three counterfeit shillings which I received from Miss Emma Waters—I afterwards received another from Mrs. Waters—this is it (
<hi rend="italic">produced</hi>), one was broken in two pieces—I did not search Jones—I saw him searched; 4
<hi rend="italic">d</hi>. in copper was found on him—the female prisoner was not searched in my presence—a fourpenny piece was found on her, I think, and 6
<hi rend="italic">d</hi>. and 2
<hi rend="italic">d</hi>. in copper.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-62" type="witnessName">
<interp inst="t18600709-name-62" type="gender" value="male"/>
<interp inst="t18600709-name-62" type="surname" value="WEBSTER"/>
<interp inst="t18600709-name-62" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. I am inspector of coin to the Mint—these shillings are all counterfeit; two are from the same mould.</p>
<hi rend="italic">Jones's Defence.</hi> Is it feasible that I should stand in front of a bar and change two or three shillings, when I had the change of one in my pocket? I changed one shilling in the house, and as to knowing whether it was good or bad I did not. I changed a half-crown in the Hay market and got 2
<hi rend="italic">s</hi>. and 3 1/2
<hi rend="italic">d</hi>., I did not know they were bad.</p>
<hi rend="italic">Vigo's Defence.</hi> I am an unfortunate girl; four weeks last Wednesday evening I met a man; a stranger to me, he offered to treat me. I went to a public-house in Long Acre with him, and had some porter; I drank part of the beer, the man changed the glass of beer that was left for a glass of gin; we came out of that house, he then said, "Now, will you treat me?—I said I had no money; he said he would give me a shilling and I must treat him out of it. We went back to the same house and met three men; we had one pot of porter, and I paid for it out of the shilling the man gave me. He then called for some more beer and some gin, and left the house; the barmaid had sent for some sixpences, and the waiter stopped us and said the money we had given was bad.</p>
<hi rend="largeCaps">JONES</hi>,
<hi rend="smallCaps">
<rs id="t18600709-598-verdict-1" type="verdictDescription">
<interp inst="t18600709-598-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600709-598-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18600709-598-punishment-14" type="punishmentDescription">
<interp inst="t18600709-598-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18600709-598-punishment-14" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-598-18600709 t18600709-598-punishment-14"/>Confined Twelve Months</rs>.</hi> </p>
<hi rend="largeCaps">VIGO</hi>,
<hi rend="smallCaps">
<rs id="t18600709-598-verdict-2" type="verdictDescription">
<interp inst="t18600709-598-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18600709-598-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18600709-598-punishment-15" type="punishmentDescription">
<interp inst="t18600709-598-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18600709-598-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-598-18600709 t18600709-598-punishment-15"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18600709-599">
<interp inst="t18600709-599" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-599" type="date" value="18600709"/>
<join result="criminalCharge" id="t18600709-599-charge-1" targOrder="Y" targets="def1-599-18600709 t18600709-599-offence-1 t18600709-599-verdict-1"/>
<persName id="def1-599-18600709" type="defendantName">
<interp inst="def1-599-18600709" type="gender" value="male"/>
<interp inst="def1-599-18600709" type="age" value="23"/>
<interp inst="def1-599-18600709" type="surname" value="PERRY"/>
<interp inst="def1-599-18600709" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM PERRY</hi> (23)</persName>, was indicted
<rs id="t18600709-599-offence-1" type="offenceDescription">
<interp inst="t18600709-599-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18600709-599-offence-1" type="offenceSubcategory" value="coiningOffences"/>for a like offence.</rs> </p>
<hi rend="smallCaps">MR. BEST</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18600709-name-64" type="witnessName">
<interp inst="t18600709-name-64" type="gender" value="male"/>
<interp inst="t18600709-name-64" type="surname" value="GANT"/>
<interp inst="t18600709-name-64" type="given" value="THOMAS"/>THOMAS GANT</persName> </hi>. I am barman at the Apollo, in Paddington-street—on 9th June the prisoner came with another young man—I served them with a pint of porter—the prisoner gave me a half-crown in payment—I gave it to my master—I am quite sure the prisoner is the man—I saw him again on 15th—I think Mr. Gurney spoke to him after they had given the half-crown; he broke the half-crown in two—the prisoner paid with a good shilling.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COOPER</hi>.
<hi rend="italic">Q.</hi> What time was this?
<hi rend="italic">A.</hi> Half-past</p>
<xptr type="pageFacsimile" doc="186007090022"/>
<p>five in the afternoon—I had not known him before—he did not sit down, he stood at the bar—he remained a few minutes after he had given the half-crown—he gave a good shilling—he was not taken till the 11th, on the Monday—my master gave him the half-crown back—I have not got it.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-65" type="witnessName">
<interp inst="t18600709-name-65" type="gender" value="male"/>
<interp inst="t18600709-name-65" type="surname" value="GURNET"/>
<interp inst="t18600709-name-65" type="given" value="FREDERICK"/>FREDERICK GURNET</persName> </hi>. On Saturday, the 9th June, I saw the prisoner with another man at the bar of the Apollo—my mother keeps the Apollo—I was staying there at the time—I saw the barman serve them with a pint of porter and saw the prisoner give a half-crown; the barman threw it down to me at the bar door—I found it was bad—I said to the prisoner, "This is a bad half-crown," and broke it in half, I could do that easily—the prisoner said, "Let me have it back again, I will take it to my master's, whom I had it of, in Thames-street"—he then gave me a good shilling in payment-change was given, and he and the other man left—he took the two pieces with him.</p>
<hi rend="italic">Cross-examined. Q.</hi> How long did he stay in your house?
<hi rend="italic">A.</hi> About ten minutes—we have a great deal of custom; persons were coming in and going out—I had never Been him before—I was searched for by the police—I came up here rather against my will—I had just sat down in the parlour when the barman threw me the half-crown—I could see all over the bar.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-66" type="witnessName">
<interp inst="t18600709-name-66" type="gender" value="male"/>
<interp inst="t18600709-name-66" type="surname" value="INGRAM"/>
<interp inst="t18600709-name-66" type="given" value="HENRY"/>HENRY INGRAM</persName> </hi>. I am barman at the Stag public-house, Dorset-street, Marylebone—I remember the prisoner coming with another man—he asked for a pint of porter—I served him, and he gave me a bad half-crown—I asked the prisoner where he got it from—he said, "Give it me back, and I will take it where I got it, in Thames-street"—I broke it in two, gave the piece to my master, and he returned them to the prisoner—a constable, 77 D, was sent for, and he was given into custody.</p>
<hi rend="italic">Cross-examined. Q.</hi> Have you taken bad half-crowns and shillings in your lifetime befor?
<hi rend="italic">A.</hi> Never; I have seen them offered.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-67" type="witnessName">
<interp inst="t18600709-name-67" type="gender" value="male"/>
<interp inst="t18600709-name-67" type="surname" value="TAYLOR"/>
<interp inst="t18600709-name-67" type="given" value="HENRY"/>HENRY TAYLOR</persName> </hi> (
<hi rend="italic">Policeman</hi>, D 77). I was sent for to the Stag public-house, on 11th June last—I received from the master of the last witness, in his presence, these two pieces of coin (
<hi rend="italic">produced</hi>)—I found the prisoner there—he was given into my custody—I found on him the change that was given out of the good half-crown—I asked him where he lived, and he said, at 6, Anchor-yard, Old-street—I have been there—he is not known there.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-68" type="witnessName">
<interp inst="t18600709-name-68" type="gender" value="male"/>
<interp inst="t18600709-name-68" type="surname" value="WEBSTER"/>
<interp inst="t18600709-name-68" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are pieces of a bad half-crown.</p>
<hi rend="italic">The prisoner's statement before the Magistrate was here read as follows</hi>: "I never was in Mr. Gurney's house."</p>
<hi rend="smallCaps">
<rs id="t18600709-599-verdict-1" type="verdictDescription">
<interp inst="t18600709-599-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600709-599-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18600709-599-punishment-16" type="punishmentDescription">
<interp inst="t18600709-599-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18600709-599-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-599-18600709 t18600709-599-punishment-16"/>Confined Six Months</rs>.</hi> </p>
<hi rend="italic">Before Robert Malcolm Kerr, Esq.</hi> </p> </div1>
<div1 type="trialAccount" id="t18600709-600">
<interp inst="t18600709-600" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-600" type="date" value="18600709"/>
<join result="criminalCharge" id="t18600709-600-charge-1" targOrder="Y" targets="def1-600-18600709 t18600709-600-offence-1 t18600709-600-verdict-1"/>
<join result="criminalCharge" id="t18600709-600-charge-2" targOrder="Y" targets="def2-600-18600709 t18600709-600-offence-1 t18600709-600-verdict-1"/>
<persName id="def1-600-18600709" type="defendantName">
<interp inst="def1-600-18600709" type="gender" value="male"/>
<interp inst="def1-600-18600709" type="age" value="60"/>
<interp inst="def1-600-18600709" type="surname" value="O'CONNOR"/>
<interp inst="def1-600-18600709" type="given" value="SIMON"/>
<hi rend="largeCaps">SIMON O'CONNOR</hi> (60)</persName>, and
<persName id="def2-600-18600709" type="defendantName">
<interp inst="def2-600-18600709" type="gender" value="female"/>
<interp inst="def2-600-18600709" type="age" value="33"/>
<interp inst="def2-600-18600709" type="surname" value="PRICE"/>
<interp inst="def2-600-18600709" type="given" value="MATILDA"/>
<hi rend="largeCaps">MATILDA PRICE</hi> (33)</persName>, were indicted for
<rs id="t18600709-600-offence-1" type="offenceDescription">
<interp inst="t18600709-600-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18600709-600-offence-1" type="offenceSubcategory" value="coiningOffences"/>a like offence.</rs> </p>
<hi rend="smallCaps">MESSRS. BEST</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">POLAND</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18600709-name-71" type="witnessName">
<interp inst="t18600709-name-71" type="gender" value="female"/>
<interp inst="t18600709-name-71" type="surname" value="MILLER"/>
<interp inst="t18600709-name-71" type="given" value="REBECCA"/>REBECCA MILLER</persName> </hi>. I am employed at a baker's shop, 65, South Audley
<lb/>street—on Saturday, 23d June, O'Connor came to the shop about 4 o'clock—I served him with a twopenny loaf—he gave me in payment a good half
<lb/>crown—I gave him 2
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>. change—the two shillings were good—I saw him move his hand about, and put it to his mouth—he hesitated a good deal, and then asked me to give him two sixpences for a shilling—he gave me a shilling—I looked at it, and found it was bad—I am quite sure it was not one I had given him—he left the shop, and took the shilling with him—I saw him join a woman outside—I did not see her face—when I said it was bad, he said, "Is it," and went away—he went out calmly.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-72" type="witnessName">
<interp inst="t18600709-name-72" type="gender" value="female"/>
<interp inst="t18600709-name-72" type="surname" value="BOWERMAN"/>
<interp inst="t18600709-name-72" type="given" value="CHARLOTTE"/>CHARLOTTE BOWERMAN</persName> </hi>. I am barmaid at 43, Mount-street, Grosveno-square</p>
<xptr type="pageFacsimile" doc="186007090023"/>
<p>—I know South Andley-street—on 23d June, about 4 o'clock, the two prisoners came in together—they both asked for gin—I saw O'Connor give Price something—I served them with it—one of them gave ma a shilling—I gave them 7
<hi rend="italic">d</hi>. change—they then asked for some meat, and directed them to another house to get it—they had a few words, and O'Connor went out, and Price gave me some money wrapped in a piece of paper, and asked me if it was good or bad—there were four shillings—a piece of paper was between the shillings, and the whole wrapped up—I said it was bad, and she said the man had given it to her—I told her it was bad, and she then said that I had taken a bad shilling for the gin—the barman went to the till and took out a bad shilling—I said the man was standing on the opposite side, and I sent the barman for him—when he came, I asked him for a good shilling, as the shilling he gave me was a bad one—he said he did not give me one—I said, "You gave it to the woman to give me"—a policeman was sent for and the prisoners were taken.</p>
<hi rend="italic">O'Connor. Q.</hi> I called for a pint of beer, and gave you a 2
<hi rend="italic">s</hi>. piece, and you gave me change.
<hi rend="italic">A.</hi> Yes, you asked me where to get meat, and I told you over the way—I did not see you with any bad money—I saw you give Price something—I heard some conversation, I don't know what.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">Q.</hi> Did you say to him that you would send for a policeman if he did not give you a shilling?
<hi rend="italic">A.</hi> Yes—had he given me one, I would not have sent for a policeman.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-73" type="witnessName">
<interp inst="t18600709-name-73" type="gender" value="male"/>
<interp inst="t18600709-name-73" type="surname" value="LINES"/>
<interp inst="t18600709-name-73" type="given" value="SAMUEL"/>SAMUEL LINES</persName> </hi>. I am barman at the house where the last witness lives—I remember her giving me these four shillings—they were bad—I gave them to the barmaid, while I went and fetched O'Connor back—after that I took the shillings from the barmaid and gave them to the policeman—I took a shilling out of the till and gave it to the barmaid, and she gave it to the constable in my presence.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-74" type="witnessName">
<interp inst="t18600709-name-74" type="gender" value="male"/>
<interp inst="t18600709-name-74" type="surname" value="GRISHAM"/>
<interp inst="t18600709-name-74" type="given" value="SAMUEL"/>SAMUEL GRISHAM</persName> </hi> (
<hi rend="italic">Policeman, C</hi> 132). On 23d June I was sent for to 43, Mount-street—the prisoners were given into my custody—O'Connor told me at the station that he gave the money to the woman in the house—I found on him half a bad shilling, eight good shillings, six sixpences, two threepenny pieces, and threepence-halfpenny in copper—I produce one bad shilling, and four shillings—the female searcher gave me one shilling.</p>
<hi rend="italic">O'Connor. Q.</hi> Did I make any resistance?
<hi rend="italic">A.</hi> No.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-75" type="witnessName">
<interp inst="t18600709-name-75" type="gender" value="female"/>
<interp inst="t18600709-name-75" type="surname" value="BOLTON"/>
<interp inst="t18600709-name-75" type="given" value="MARY ANN"/>MARY ANN BOLTON</persName> </hi>. I am the female searcher at the police-station—I was there on the 23d of June—I searched Price, and found on her a bad shilling, which I marked, and gave to the inspector on duty—this is it</p>
<hi rend="smallCaps">
<persName id="t18600709-name-76" type="witnessName">
<interp inst="t18600709-name-76" type="gender" value="male"/>
<interp inst="t18600709-name-76" type="surname" value="WEBSTER"/>
<interp inst="t18600709-name-76" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are all counterfeit—the one taken from Price is from the same mould as the one taken from the man—two of the others are from the same mould.</p>
<hi rend="italic">The prisoners statements before the Magistrate were here read as follows:—Price says</hi>, "On Saturday week I met the man in the park, where I had gone to see the review; he came up and spoke to me; I said I wanted to get out, and he said, 'Come and have some beer;' I said, 'I have no money;' he said, 'I have plenty;' we went away together; we passed a baker's shop, and he said to me, 'Go on,' and he went in; we then went to a public-house, and he called for some gin; he gave me a shilling, and I paid, and gave him the 7
<hi rend="italic">d</hi>. change; we went into the next bar and had some beer, and he said, 'You mind this,' he gave me a paper parcel, and I put it into my pocket; he went out of the house; I put my hand in my pocket and took out the parcel; I saw it contained money; I took it to the barmaid, who said it was bad money, and told me to fetch the man;</p>
<xptr type="pageFacsimile" doc="186007090024"/>
<p>I then told her that the shilling I had paid her for the gin was one of the same kind, and it must be bad also. The man had told me before that there had been fault found with the money at the baker's. I can only account for the shilling being in my pocket, by saying, that it came out of the parcel he gave me; the paper was torn. I had no money."—
<hi rend="italic">O'Connor says</hi>, "I met the woman, and asked her to have some beer; she gave me the shilling to pay for the bread; I saw it was bad; I paid for it with a good half-crown of mine; she then proposed to have some gin, and I returned the shilling to her she paid for the gin, and I had some beer, and paid for it with a good 2
<hi rend="italic">s</hi>. piece."</p>
<hi rend="smallCaps">
<rs id="t18600709-600-verdict-1" type="verdictDescription">
<interp inst="t18600709-600-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18600709-600-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18600709-601">
<interp inst="t18600709-601" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-601" type="date" value="18600709"/>
<join result="criminalCharge" id="t18600709-601-charge-1" targOrder="Y" targets="def1-601-18600709 t18600709-601-offence-1 t18600709-601-verdict-1"/>
<persName id="def1-601-18600709" type="defendantName">
<interp inst="def1-601-18600709" type="gender" value="male"/>
<interp inst="def1-601-18600709" type="age" value="62"/>
<interp inst="def1-601-18600709" type="surname" value="THATCHER"/>
<interp inst="def1-601-18600709" type="given" value="CHARLES FOX"/>
<hi rend="largeCaps">CHARLES FOX THATCHER</hi> (62)</persName>
<rs id="t18600709-601-offence-1" type="offenceDescription">
<interp inst="t18600709-601-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600709-601-offence-1" type="offenceSubcategory" value="embezzlement"/>, Embezzling 30
<hi rend="italic">l</hi>., 26
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>., and 21
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>. of the
<persName id="t18600709-name-78" type="victimName">
<interp inst="t18600709-name-78" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18600709-601-offence-1 t18600709-name-78"/>vestry of the parish of Paddington</persName>, his masters;</rs> to which he
<hi rend="smallCaps">
<rs id="t18600709-601-verdict-1" type="verdictDescription">
<interp inst="t18600709-601-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600709-601-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<hi rend="italic">and received a good character.</hi> </p>
<hi rend="italic">
<rs id="t18600709-601-punishment-17" type="punishmentDescription">
<interp inst="t18600709-601-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18600709-601-punishment-17" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-601-18600709 t18600709-601-punishment-17"/>Four year's Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18600709-602">
<interp inst="t18600709-602" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-602" type="date" value="18600709"/>
<join result="criminalCharge" id="t18600709-602-charge-1" targOrder="Y" targets="def1-602-18600709 t18600709-602-offence-1 t18600709-602-verdict-1"/>
<persName id="def1-602-18600709" type="defendantName">
<interp inst="def1-602-18600709" type="gender" value="male"/>
<interp inst="def1-602-18600709" type="surname" value="THATCHER"/>
<interp inst="def1-602-18600709" type="given" value="CHARLES FOX"/>
<hi rend="largeCaps">CHARLES FOX THATCHER</hi> </persName> was again indicted
<rs id="t18600709-602-offence-1" type="offenceDescription">
<interp inst="t18600709-602-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18600709-602-offence-1" type="offenceSubcategory" value="forgery"/>for forging a receipt for 30
<hi rend="italic">l</hi>. and for 21
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>. with intent to defraud; upon which no evidence was offered.</rs> </p>
<hi rend="smallCaps">
<rs id="t18600709-602-verdict-1" type="verdictDescription">
<interp inst="t18600709-602-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18600709-602-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18600709-603">
<interp inst="t18600709-603" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-603" type="date" value="18600709"/>
<join result="criminalCharge" id="t18600709-603-charge-1" targOrder="Y" targets="def1-603-18600709 t18600709-603-offence-1 t18600709-603-verdict-1"/>
<persName id="def1-603-18600709" type="defendantName">
<interp inst="def1-603-18600709" type="gender" value="male"/>
<interp inst="def1-603-18600709" type="age" value="20"/>
<interp inst="def1-603-18600709" type="surname" value="WILLIAMS"/>
<interp inst="def1-603-18600709" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES WILLIAMS</hi> (20)</persName>
<rs id="t18600709-603-offence-1" type="offenceDescription">
<interp inst="t18600709-603-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18600709-603-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs>
<hi rend="smallCaps">MESSRS. BEST</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">POLAND</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18600709-name-81" type="witnessName">
<interp inst="t18600709-name-81" type="gender" value="female"/>
<interp inst="t18600709-name-81" type="surname" value="CLARK"/>
<interp inst="t18600709-name-81" type="given" value="HANNAH"/>HANNAH CLARK</persName> </hi>. I am barmaid at the Swan Tavern in Leadenhall
<lb/>market—on 13th June the prisoner came about 5 o'clock and asked for half a pint of porter—I served him—he gave me a bad sixpence—Mr. Potter was at the bar—he told me to look at the sixpence, and it was bad—the prisoner did not say anything—I sent for a policeman and gave him in charge with the sixpence.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. LILIEY</hi>.
<hi rend="italic">Q.</hi> Had you seen the prisoner before?
<hi rend="italic">A.</hi> No; not to my knowledge—he came alone—he was at once given into custody."</p>
<hi rend="smallCaps">
<persName id="t18600709-name-82" type="witnessName">
<interp inst="t18600709-name-82" type="gender" value="male"/>
<interp inst="t18600709-name-82" type="surname" value="POTTER"/>
<interp inst="t18600709-name-82" type="given" value="WILLIAM"/>WILLIAM POTTER</persName> </hi>. I am a licensed victualler in Great Tower-street—on 9th June, between 4 and 5 o'clock, the prisoner came and asked for half-a-pint of porter—I served him—he tendered me a shilling—I said, "This is bad"—he ran out of the bar and ran four or five steps—I pursued and brought him back—I questioned him again and asked him where he obtained the shilling—he said it was given him by a gentleman for carrying a carpet bag, or a bag—I said, "What object had you in running away, it looks very suspicious; I shall send for a policeman"—he then said his sight was defective—i sent for an officer and gave him in custody—I marked the shilling and gave it to the officer—on 13th June, I was at the bar of the Swan in Leadenhall-market—the prisoner was standing there—I told the barmaid she had better look at the money he had given her, and she said it was bad—I did not go before the Magistrate about my own charge—the prisoner was discharged.</p>
<hi rend="italic">Cross-examined. Q.</hi> How long was it afterwards that you saw the prisoner at the Swan?
<hi rend="italic">A.</hi> On the 13th—the Swan is about three-quarters of a mile from my house—I took hold of the prisoner—he spoke of his defective sight at the time.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-83" type="witnessName">
<interp inst="t18600709-name-83" type="gender" value="male"/>
<interp inst="t18600709-name-83" type="surname" value="ADAMS"/>
<interp inst="t18600709-name-83" type="given" value="ROBERT"/>ROBERT ADAMS</persName> </hi> (
<hi rend="italic">City-policeman</hi>, 576). On 13th June I was called to the Swan Tavern—the prisoner was given into my custody, and Mr. Potter said he had passed a bad shilling to him in the week before—the prisoner gave his address correct—he gave the name of Williams, but his name is Rolfe—I</p>
<xptr type="pageFacsimile" doc="186007090025"/>
<p>found no money of any kind on him—he said he had this sixpence given him by a gentleman for carrying a parcel—this is the sixpence.</p>
<hi rend="italic">Cross-examined. Q.</hi> Did you go to the address he gave you?
<hi rend="italic">A.</hi> Yes; I there found his mother—she is not here.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-84" type="witnessName">
<interp inst="t18600709-name-84" type="gender" value="male"/>
<interp inst="t18600709-name-84" type="surname" value="KNIGHT"/>
<interp inst="t18600709-name-84" type="given" value="WILLIAM"/>WILLIAM KNIGHT</persName> </hi> (
<hi rend="italic">City-policeman</hi>, 569). I was sent for to Mr. Potter's on 9th June the prisoner was given in my charge for, attempting to pass a bad shilling—he said a gentleman gave it him for carrying a parcel—he gave his name Charles Williams I took him to the station—I found nothing on him Mr. Potter did not give him in charge.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-85" type="witnessName">
<interp inst="t18600709-name-85" type="gender" value="male"/>
<interp inst="t18600709-name-85" type="surname" value="WEBSTER"/>
<interp inst="t18600709-name-85" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are both bad.</p>
<hi rend="smallCaps">
<rs id="t18600709-603-verdict-1" type="verdictDescription">
<interp inst="t18600709-603-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18600709-603-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18600709-604">
<interp inst="t18600709-604" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-604" type="date" value="18600709"/>
<join result="criminalCharge" id="t18600709-604-charge-1" targOrder="Y" targets="def1-604-18600709 t18600709-604-offence-1 t18600709-604-verdict-1"/>
<persName id="def1-604-18600709" type="defendantName">
<interp inst="def1-604-18600709" type="gender" value="male"/>
<interp inst="def1-604-18600709" type="age" value="32"/>
<interp inst="def1-604-18600709" type="surname" value="LARDNER"/>
<interp inst="def1-604-18600709" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM LARDNER</hi> (32)</persName>
<rs id="t18600709-604-offence-1" type="offenceDescription">
<interp inst="t18600709-604-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600709-604-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 5 casks value 2
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. the property of
<persName id="t18600709-name-87" type="victimName">
<interp inst="t18600709-name-87" type="gender" value="male"/>
<interp inst="t18600709-name-87" type="surname" value="CHAPMAN"/>
<interp inst="t18600709-name-87" type="given" value="JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t18600709-604-offence-1 t18600709-name-87"/>Joseph Chapman</persName>; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18600709-604-verdict-1" type="verdictDescription">
<interp inst="t18600709-604-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600709-604-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.
<hi rend="italic">
<rs id="t18600709-604-punishment-18" type="punishmentDescription">
<interp inst="t18600709-604-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18600709-604-punishment-18" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-604-18600709 t18600709-604-punishment-18"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18600709-605">
<interp inst="t18600709-605" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-605" type="date" value="18600709"/>
<join result="criminalCharge" id="t18600709-605-charge-1" targOrder="Y" targets="def1-605-18600709 t18600709-605-offence-1 t18600709-605-verdict-1"/>
<persName id="def1-605-18600709" type="defendantName">
<interp inst="def1-605-18600709" type="gender" value="male"/>
<interp inst="def1-605-18600709" type="age" value="20"/>
<interp inst="def1-605-18600709" type="surname" value="CARR"/>
<interp inst="def1-605-18600709" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK CARR</hi> (20)</persName>
<rs id="t18600709-605-offence-1" type="offenceDescription">
<interp inst="t18600709-605-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600709-605-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, Stealing 1 box and 84lbs. of liquorice value 4
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. of
<persName id="t18600709-name-89" type="victimName">
<interp inst="t18600709-name-89" type="gender" value="male"/>
<interp inst="t18600709-name-89" type="surname" value="SMITH"/>
<interp inst="t18600709-name-89" type="given" value="SAMUEL"/>
<join result="offenceVictim" targOrder="Y" targets="t18600709-605-offence-1 t18600709-name-89"/>Samuel Smith</persName> and another his masters; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18600709-605-verdict-1" type="verdictDescription">
<interp inst="t18600709-605-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600709-605-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.
<hi rend="italic">
<rs id="t18600709-605-punishment-19" type="punishmentDescription">
<interp inst="t18600709-605-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18600709-605-punishment-19" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-605-18600709 t18600709-605-punishment-19"/>Three Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18600709-606">
<interp inst="t18600709-606" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-606" type="date" value="18600709"/>
<join result="criminalCharge" id="t18600709-606-charge-1" targOrder="Y" targets="def1-606-18600709 t18600709-606-offence-1 t18600709-606-verdict-1"/>
<persName id="def1-606-18600709" type="defendantName">
<interp inst="def1-606-18600709" type="gender" value="male"/>
<interp inst="def1-606-18600709" type="age" value="34"/>
<interp inst="def1-606-18600709" type="surname" value="CHAPPLE"/>
<interp inst="def1-606-18600709" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN CHAPPLE</hi> (34)</persName>
<rs id="t18600709-606-offence-1" type="offenceDescription">
<interp inst="t18600709-606-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600709-606-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, Stealing 5
<hi rend="italic">l</hi>., 6
<hi rend="italic">l</hi>., and 6
<hi rend="italic">l</hi>. 6
<hi rend="italic">d</hi>. of
<persName id="t18600709-name-91" type="victimName">
<interp inst="t18600709-name-91" type="gender" value="male"/>
<interp inst="t18600709-name-91" type="surname" value="CORCORAN"/>
<interp inst="t18600709-name-91" type="given" value="BRYAN"/>
<join result="offenceVictim" targOrder="Y" targets="t18600709-606-offence-1 t18600709-name-91"/>Bryan Corcoran</persName>, his master; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18600709-606-verdict-1" type="verdictDescription">
<interp inst="t18600709-606-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600709-606-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.
<hi rend="italic">
<rs id="t18600709-606-punishment-20" type="punishmentDescription">
<interp inst="t18600709-606-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18600709-606-punishment-20" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-606-18600709 t18600709-606-punishment-20"/>Four Years' Penal Servitude</rs> </hi>,</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>,
<hi rend="italic">Wednesday, July llth</hi>, 1860.</p>
<hi rend="largeCaps">PRESENT</hi> The Right Hon. the
<hi rend="largeCaps">LORD MAYOR</hi>; The Lord Chief Baron
<hi rend="smallCaps">POLLOCK</hi>; Mr. Justice
<hi rend="smallCaps">CROMPTON</hi>; Mr. Ald.
<hi rend="smallCaps">FINNIS</hi>, and Mr. Ald.
<hi rend="smallCaps">ROSE</hi>.</p>
<hi rend="italic">Before the Lord Chief Baron Pollock.</hi> </p>
<div1 type="trialAccount" id="t18600709-607">
<interp inst="t18600709-607" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-607" type="date" value="18600709"/>
<join result="criminalCharge" id="t18600709-607-charge-1" targOrder="Y" targets="def1-607-18600709 t18600709-607-offence-1 t18600709-607-verdict-1"/>
<persName id="def1-607-18600709" type="defendantName">
<interp inst="def1-607-18600709" type="gender" value="male"/>
<interp inst="def1-607-18600709" type="surname" value="BAXTER"/>
<interp inst="def1-607-18600709" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS BAXTER</hi> </persName>
<rs id="t18600709-607-offence-1" type="offenceDescription">
<interp inst="t18600709-607-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18600709-607-offence-1" type="offenceSubcategory" value="manslaughter"/>was charged on the Coroner's Inquisition only, with feloniously killing and slaying
<persName id="t18600709-name-93" type="victimName">
<interp inst="t18600709-name-93" type="gender" value="female"/>
<interp inst="t18600709-name-93" type="surname" value="KENNEY"/>
<interp inst="t18600709-name-93" type="given" value="CATHERINE"/>
<join result="offenceVictim" targOrder="Y" targets="t18600709-607-offence-1 t18600709-name-93"/>Catherine Kenney</persName>.</rs>
<rs id="t18600709-607-verdict-1" type="verdictDescription">
<interp inst="t18600709-607-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18600709-607-verdict-1" type="verdictSubcategory" value="noProsecutor"/>
<hi rend="italic">No Counsel appearing for the prosecution, and the Grand jury having ignored the bill which had been brought before them against the prisoner for the same offence, the</hi>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">directed a verdict of</hi>
<hi rend="smallCaps">NOT GUILTY</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18600709-608">
<interp inst="t18600709-608" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-608" type="date" value="18600709"/>
<join result="criminalCharge" id="t18600709-608-charge-1" targOrder="Y" targets="def1-608-18600709 t18600709-608-offence-1 t18600709-608-verdict-1"/>
<persName id="def1-608-18600709" type="defendantName">
<interp inst="def1-608-18600709" type="gender" value="male"/>
<interp inst="def1-608-18600709" type="age" value="60"/>
<interp inst="def1-608-18600709" type="surname" value="SPENCER"/>
<interp inst="def1-608-18600709" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN SPENCER</hi> (60)</persName>, was indicted
<rs id="t18600709-608-offence-1" type="offenceDescription">
<interp inst="t18600709-608-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18600709-608-offence-1" type="offenceSubcategory" value="sodomy"/>for b------y with
<persName id="t18600709-name-95">
<interp inst="t18600709-name-95" type="gender" value="male"/>
<interp inst="t18600709-name-95" type="surname" value="ROBERTS"/>
<interp inst="t18600709-name-95" type="given" value="WILLIAM"/>William Roberts</persName>.</rs> </p>
<hi rend="smallCaps">MR. COOPER</hi>
<hi rend="italic">conducted the Prosecution</hi> and
<hi rend="smallCaps">MR. PEARCE</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<rs id="t18600709-608-verdict-1" type="verdictDescription">
<interp inst="t18600709-608-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18600709-608-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18600709-609">
<interp inst="t18600709-609" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-609" type="date" value="18600709"/>
<join result="criminalCharge" id="t18600709-609-charge-1" targOrder="Y" targets="def1-609-18600709 t18600709-609-offence-1 t18600709-609-verdict-1"/>
<persName id="def1-609-18600709" type="defendantName">
<interp inst="def1-609-18600709" type="gender" value="male"/>
<interp inst="def1-609-18600709" type="age" value="60"/>
<interp inst="def1-609-18600709" type="surname" value="SPENCER"/>
<interp inst="def1-609-18600709" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN SPENCER</hi> </persName> was again indicted
<rs id="t18600709-609-offence-1" type="offenceDescription">
<interp inst="t18600709-609-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18600709-609-offence-1" type="offenceSubcategory" value="sodomy"/> for b-----y with
<persName id="t18600709-name-97">
<interp inst="t18600709-name-97" type="gender" value="male"/>
<interp inst="t18600709-name-97" type="surname" value="MORESCO"/>
<interp inst="t18600709-name-97" type="given" value="LEON"/>Leon Moresco</persName>.</rs> </p>
<hi rend="smallCaps">MR. COOPER</hi>
<hi rend="italic">conducted the Prosecution</hi> and
<hi rend="smallCaps">MR. PEARCE</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<rs id="t18600709-609-verdict-1" type="verdictDescription">
<interp inst="t18600709-609-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18600709-609-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>. (
<hi rend="italic">See also page</hi> 370).</p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.
<hi rend="italic">Wednesday, July llth, 1860.</hi> </p>
<hi rend="largeCaps">PRESENT</hi> Mr. Justice
<hi rend="smallCaps">CROMPTON</hi>; Mr. Ald.
<hi rend="smallCaps">FINNIS</hi>; Mr. Ald.
<hi rend="smallCaps">MECHI</hi>;</p>
<hi rend="smallCaps">ROBERT MALCOLM KERR</hi>, Esq.</p>
<hi rend="italic">For the case of Eliza Harriet Mary Feltham tried this day, see Surrey cases.</hi> </p>
<xptr type="pageFacsimile" doc="186007090026"/>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Wednesday, July 1lth, 1860.</hi> </p>
<hi rend="largeCaps">PRESENT</hi>
<hi rend="smallCaps">MR. RECORDER</hi>; Mr. Ald.
<hi rend="smallCaps">FINNIS</hi>; Mr. Ald.
<hi rend="smallCaps">ROSE</hi>; and Mr.</p>
<hi rend="smallCaps">COMMON SERJEANT</hi>.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18600709-610">
<interp inst="t18600709-610" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-610" type="date" value="18600709"/>
<join result="criminalCharge" id="t18600709-610-charge-1" targOrder="Y" targets="def1-610-18600709 t18600709-610-offence-1 t18600709-610-verdict-2"/>
<join result="criminalCharge" id="t18600709-610-charge-2" targOrder="Y" targets="def2-610-18600709 t18600709-610-offence-2 t18600709-610-verdict-1"/>
<persName id="def1-610-18600709" type="defendantName">
<interp inst="def1-610-18600709" type="gender" value="male"/>
<interp inst="def1-610-18600709" type="age" value="14"/>
<interp inst="def1-610-18600709" type="surname" value="CROUCH"/>
<interp inst="def1-610-18600709" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS CROUCH</hi> (14)</persName>
<rs id="t18600709-610-offence-1" type="offenceDescription">
<interp inst="t18600709-610-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600709-610-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, Stealing 14lbs. of sugar, value 5
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>. the property of
<persName id="t18600709-name-99" type="victimName">
<interp inst="t18600709-name-99" type="gender" value="male"/>
<interp inst="t18600709-name-99" type="surname" value="PUGH"/>
<interp inst="t18600709-name-99" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18600709-610-offence-1 t18600709-name-99"/>William Pugh</persName>, his master, and</rs>
<persName id="def2-610-18600709" type="defendantName">
<interp inst="def2-610-18600709" type="gender" value="female"/>
<interp inst="def2-610-18600709" type="age" value="44"/>
<interp inst="def2-610-18600709" type="surname" value="DALEY"/>
<interp inst="def2-610-18600709" type="given" value="MARY"/>
<hi rend="largeCaps">MARY DALEY</hi> (44)</persName>
<rs id="t18600709-610-offence-2" type="offenceDescription">
<interp inst="t18600709-610-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18600709-610-offence-2" type="offenceSubcategory" value="receiving"/>, feloniously receiving the same.</rs> </p>
<hi rend="smallCaps">MESSRS. COOPER</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">SHARPE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18600709-name-101" type="witnessName">
<interp inst="t18600709-name-101" type="gender" value="male"/>
<interp inst="t18600709-name-101" type="surname" value="LEGG"/>
<interp inst="t18600709-name-101" type="given" value="GEORGE"/>GEORGE LEGG</persName> </hi> (
<hi rend="italic">City-policeman</hi>, 440). On 6th June, about 4 o'clock, I saw Crouch go into a marine store dealer's shop, in St. Mary-at-hill, kept by a man named Daley, who is the husband of the woman at the bar—Cronch had a white apron on with a parcel in it, and a pitcher on his shoulder—he remained in there a few minutes and then came out with the pitcher in his hand, but without the parcel—I followed him to 7
<hi rend="italic">l</hi>., Great Tower-street, where Mr. Pugh, his master, lives—going along I made a communication to Sergeant Funnell—I then returned with Crouch to St. Mary-at-hill—when we reached there I waited outside with him while Sergeant Fuunell went in—I was called in very soon afterwards, and went in with the boy—the prisoner Daley was there—she said as I went up stairs that the children were dressing in the front room where Mrs. Daley was—I saw some spilt coffee on the carpet—I then went up stairs—I saw one girl at the bed, putting some parcels between the bed and the bedclothes; pulling the clothes down—I looked there and found a large apron with raw coffee in it, and also currants, and sugar—I found some cochineal and indigo in the place; some of it was under the sofa—I went to the window of the top floor front room, and in the gutter I found three parcels of sugar—this (
<hi rend="italic">produced</hi>) is the sugar about which this charge is—I have seen Crouch go there eight times before—when I went in Funnell had some sugar in his hand—Daley did not say anything then—she said something to Funnell while I was searching the house; I could not say what it was—in going up the house I saw one little girl on a ladder placed just over the staircase; there is a kind of trap through the skylight—I went up and found four parcels between the ledge and the parapet—I saw a hole cut through the ceiling into the shop, so that a person if kneeling down could see into the shop—we found a great quantity of things in searching the house—these (
<hi rend="italic">produced</hi>) are some of them.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi> (
<hi rend="italic">for Daley</hi>).
<hi rend="italic">Q.</hi> Did you find down stairs in the shop, as well as up stairs, groceries of the description you have named; coffee, spices, sugar, currants, and such things?
<hi rend="italic">A.</hi> There were some, what I should consider samples—we did not bring those away—I do not, of my own knowledge, know that people gain a living by dealing in samples of small quantities of such things as these, sweepings from wholesale druggists and grocers—I have heard of it—I have never been engaged in it myself—I have not seen this bill in the window of Mrs. Daley's husband—I have seen it at different merchants—(
<hi rend="italic">Read;</hi>"Wanted to purchase all kinds of samples, colonial and home produce, by W. J Daley, at 5, St. Mary-at-hill, Eastcheap, E. C., adjoining Peek, Brothers, and Company. Warehouses and offices cleared of old stores. N. B. Goods sold on commission)—I have brought some old plate here—Mrs. Daley told me that it was her own property, and that it had been left her by a relation; I have not brought it to help this case—I did not hear the conversation</p>
<xptr type="pageFacsimile" doc="186007090027"/>
<p>between Funnell and Mrs. Daley—I did not hear Mrs. Daley say how much she had paid for this sugar—I did not hear her say that while she was up stairs with the children Mrs. Webb took in the sugar, and paid for it, calling it sweepings—I have heard Funnell say that she said, I have been very particular, because I have been told that officers are watching my shop;" but I did not hear it—these two parcels of sugar are what she gave up—these others do not form part of the 14lbs.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-102" type="witnessName">
<interp inst="t18600709-name-102" type="gender" value="male"/>
<interp inst="t18600709-name-102" type="surname" value="FUNNELL"/>
<interp inst="t18600709-name-102" type="given" value="EDWARD"/>EDWARD FUNNELL</persName> </hi> (
<hi rend="italic">City-policeman</hi>). On 5th June, about 4 o'clock, I went to Pugh's, at Great Tower-street—I saw Crouch having some money in his band—I did not see Daley then, I saw her about quarter of an hour afterwards—I took Crouch back to Tower-street—he had a pitcher in his hand—I followed him into the warehouse, and said, "I am an officer; give me that money which you have just put in your pocket"—he pulled it out and gave me 2
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>.—I said, "What have you taken to Mrs. Daley's at St. Mary-at-hill, and sold?"—he said, "Sugar"—I said," Where did you get it from?"—he said, "From off the bench, and wrapped it up in some of that paper which lies in the corner"—I asked him how much he had taken; he said the woman told him 14lbs.—he pointed out some paper that lay in a corner of the warehouse on the bench where the sugar was taken from—he said the woman paid him the money—I said, "Now you must go back with me to St. Mary-at-hill;" that was to Mrs. Daley's—I left him in charge of Legg—we went down to Daley's; I left Legg outside—I went into Mrs. Daley's—I saw a woman in the shop, who I knew was not Mrs. Daley; Mrs. Daley was up stairs—the woman went up stairs to her, and then said that Mrs. Daley would come down in a few minutes—I heard a great noise overhead—I looked up and saw a square hole cut through the ceiling, and Mrs. Daley was kneeling down looking at me through it—there was a pane of glass that would move backwards and forwards, so that she could see any one that came into the shop—there was nothing over the pane of glass when I first saw it—I said to her, "now you must come down or else I shall come up there"—afterwards I found a piece of oil cloth that would cover over it—that was on the first floor—there is a table over it in the room to prevent any one tumbling through—Mrs. Daley came down, and I said, "Have you bought any sugar of any one to-day?"—she said, "No"—I said, "Are you sure: not of anybody?—she said, "No"—I said, "I have got the boy in custody that you bought some of just now, and he is outside the door"—I did not say what he had told me—she said, "Oh! come up here"—she went up stairs and I followed her—she pointed out those two parcels of sugar—they were lying on the drawers—I said, "How came you to tell me you had not bought any?"—she said, "The woman took it in"—I said, "Who paid for it?"—she said,"I did"—I said, "What did you give him?"—she said, "2
<hi rend="italic">d</hi>. a pound"—I said, "You must come down stairs along with me"—I took the sugar down and called Legg and the boy in, and said to the boy, "Which of these two women paid you the money?"—the boy pointed to Mrs. Daley—I then told Legg to go and get another officer, which he did—as soon as the officer came he took charge of the boy and the sugar—we went up stairs—I told her she must consider herself in my custody—there is 15lbs. of sugar here, without the paper—I saw Legg find something in the room—he found some coffee in the bed—when I told Mrs. Daley that she must consider herself in my custody, she said, "Oh dear, I have been so careful about buying, for I was told that there were officers on the hill, watching our shop"—I made no answer to that—I enquired as to whose bed it was</p>
<xptr type="pageFacsimile" doc="186007090028"/>
<p>in which the coffee was found—Mrs. Daley told me it was the lodger's; a person named Williams—the husband came in as Legg was taking the plate out of the chest of drawers—Mrs. Daley was present—Daley said, "Are you going to take that away?"—I said, "Certainly"—he said, "I can tell you who that belongs to; it belongs to Mrs. Daley's friends"—I said, "Well, there are different crests on it, I shall take it away"—Mrs. Daley said that it belonged to them; that she had had it by her some time, and that they had pledged it two or three times—this Spanish liquorice was found in the shop, and also this gun-metal, spice, cochineal, and a bag of gutta percha—I saw a great quantity of old sacks and bags of all sorts, with different names on them—I took them to the station—Crouch did not say anything to me at the station or anything that I heard—he told me at the Mansion House that he had taken a great quantity at different times—he said he had been there about twelve or thirteen times with sugar—I asked him who bought it—he said, "Sometimes the woman, sometimes a boy; and the husband was present on one or two occasions."</p>
<hi rend="italic">Cross-examined. Q.</hi> The female, Daley, was not present at that conversation?
<hi rend="italic">A.</hi> No—the hole which I have mentioned is up stairs; between the up stairs room and the shop—there is no back room for the people to live in behind the shop—they live up stairs, and have got a place to look down into the shop to see if anybody is in the shop, but I never saw the shop left alone.</p>
<hi rend="smallCaps">MR. SHAKPE</hi>.
<hi rend="italic">Q.</hi> How was the table?
<hi rend="italic">A.</hi> Standing over the hole—a person could not look down without getting on their knees and stooping down.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-103" type="witnessName">
<interp inst="t18600709-name-103" type="gender" value="male"/>
<interp inst="t18600709-name-103" type="surname" value="PUGH"/>
<interp inst="t18600709-name-103" type="given" value="WILLIAM"/>WILLIAM PUGH</persName> </hi>. I am a sugar-broker, carrying on business at 71, Great Tower-street, in the City—Crouch was errand boy in my employment—this is Havannah sugar—I believe it to be my property—it is precisely the same kind as some that I have got—I have got some which I suspect is some of this; I found it in a saw-dust bin after we had been at the Mansion House—I have missed some of it several times, and I have said to the boy that I suspected something wrong, having seen sugar scattered about—the sugar produced by the policeman is wrapped in a piece of newspaper, and the corresponding piece I produce from our premises—it is the same date; part of the same paper—that sugar is worth 4 1/2
<hi rend="italic">d</hi>. a pound—a person dealing in sugar would know that the value was much greater than 2
<hi rend="italic">d</hi>. a pound—there is no such price in the market.</p>
<hi rend="italic">Cross-examined. Q.</hi> 2
<hi rend="italic">d</hi>. a pound is about the price of what are called sweepings, is it not?
<hi rend="italic">A.</hi> I should not think that there were any sweepings worth 2
<hi rend="italic">d</hi>. a pound—there are not warehouse sweepings of sugar—there is not much spilled about—I am not aware that there are sweepings, and that I they are collected by persons in the establishment and sold as sweepings—they are not given away as any part of the perquisites—supposing this sugar was mine, the boy had no right to it whatever—they do not give the samples as perquisites in some establishments—it would cost too much money—all I say of this sugar is, that it is precisely the same kind that I have in stock—I have some similar—this is a kind of sugar of which there are large quantities probably within gun-shot of my place—this is a public paper.</p>
<hi rend="smallCaps">MR. SHARPE</hi>.
<hi rend="italic">Q.</hi> I suppose it is the custom about the neighbourhood, as well as having the same sugar, to wrap it up in the same newspaper?
<hi rend="italic">A.</hi> No; they generally wrap it in blue.</p>
<xptr type="pageFacsimile" doc="186007090029"/>
<hi rend="smallCaps">
<persName id="t18600709-name-104" type="witnessName">
<interp inst="t18600709-name-104" type="gender" value="male"/>
<interp inst="t18600709-name-104" type="surname" value="WILLIAMS"/>
<interp inst="t18600709-name-104" type="given" value="ROBERT"/>ROBERT WILLIAMS</persName> </hi>. I am a copper smith, and lodge at Mrs. Daley's, at St. Mary-at-hill—I was lodging there on the 4th, 5th, and 6th June last—I never left any coffee in my bed—I do not know of any coffee having been put in my bed, with my sanction, by any one—I have no coffee at all.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-105" type="witnessName">
<interp inst="t18600709-name-105" type="gender" value="female"/>
<interp inst="t18600709-name-105" type="surname" value="WEBB"/>
<interp inst="t18600709-name-105" type="given" value="MARY ANN"/>MARY ANN WEBB</persName> </hi>. I am a charwoman, and live at 5, New-street, Field gate-street, Whitechapel—I was in Mrs. Daley's employment two days, Friday and Saturday—on 5th June I saw Crouch—he came to Mrs. Daley's and brought some sugar sweepings; he told me they were—one parcel was in his apron, and the other was in a jug or stone pitcher—he said, "I have brought some sugar sweepings"—I took them out of the handkerchief and put them in the scale—he said, "I have some more in the jug"—I went to him and helped him to get it out of the jug—as he took it out the paper broke—I took a piece of newspaper which I had been reading, and opened it in the middle of the shop—I put the sugar into it out of the jug—I was there when the constable took away the sugar—he took it away in the paper that I put it in—the boy did not ask me to weigh the sugar—I put it in the scale—he asked me what the weight was—I said, *I don't know the weights"—he looked over and said, "I think it is fourteen pounds"—I said, "I must go up to Mrs. Daley," and I took it and went up, and said to her, "A lad has brought some sugar sweepings"—she said, "Put it down"—she went down stairs into the shop—I did not see her pay for it—I did not pay for it—the boy left it—I put it on the drawers when I took it up—I did not see the boy after I went down—it might be about five minutes from the time I went up stairs to when I went into the shop again, and then the boy had gone, and the sugar had been left.</p>
<hi rend="italic">Cross-examined. Q.</hi> Did you go up with Legg or Funnell, the officers, when they came in?
<hi rend="italic">A.</hi> No; I was in the shop—it was between 3 and 4 o'clock in the afternoon—when the boy came in he said it was sweepings—that was in the open shop—I had not the least idea of it being stolen—there was nothing in his manner to make me think so.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">Q.</hi> Did you know the boy?
<hi rend="italic">A.</hi> I never saw him before to my knowledge.</p>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> I believe that is what these people deal in; they buy this sort of samples?
<hi rend="italic">A.</hi> No.</p>
<hi rend="smallCaps">MR. SLEIGH</hi>
<hi rend="italic">contended that there was no felonious receipt on the part of Daley, she acting on behalf of her husband.</hi>
<hi rend="smallCaps">MR. SHARPE</hi>
<hi rend="italic">submitted that it would not be her duty to buy sugar in her husband's absence.</hi>
<hi rend="smallCaps">THE COURT</hi>
<hi rend="italic">was of opinion that she could not be held responsible for any act done in her husband's absence, unless it was clearly a separate act.</hi>
<hi rend="largeCaps">DALEY</hi>.—
<hi rend="smallCaps">
<rs id="t18600709-610-verdict-1" type="verdictDescription">
<interp inst="t18600709-610-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18600709-610-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<hi rend="largeCaps">CROUCH</hi>
<rs id="t18600709-610-verdict-2" type="verdictDescription">
<interp inst="t18600709-610-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18600709-610-verdict-2" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>.—
<hi rend="italic">Recommended to Mercy by the Jury on account of his youth, and also by the prosecutor.</hi> </rs>
<hi rend="italic">
<rs id="t18600709-610-punishment-21" type="punishmentDescription">
<interp inst="t18600709-610-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18600709-610-punishment-21" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-610-18600709 t18600709-610-punishment-21"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18600709-611">
<interp inst="t18600709-611" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-611" type="date" value="18600709"/>
<join result="criminalCharge" id="t18600709-611-charge-1" targOrder="Y" targets="def1-611-18600709 t18600709-611-offence-1 t18600709-611-verdict-1"/>
<persName id="def1-611-18600709" type="defendantName">
<interp inst="def1-611-18600709" type="gender" value="male"/>
<interp inst="def1-611-18600709" type="age" value="28"/>
<interp inst="def1-611-18600709" type="surname" value="COCKS"/>
<interp inst="def1-611-18600709" type="given" value="JOSEPH GOFF"/>
<hi rend="largeCaps">JOSEPH GOFF COCKS</hi> (28)</persName> was indicted
<rs id="t18600709-611-offence-1" type="offenceDescription">
<interp inst="t18600709-611-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18600709-611-offence-1" type="offenceSubcategory" value="perjury"/> for wilful and corrupt perjury;</rs> to which he
<hi rend="smallCaps">
<rs id="t18600709-611-verdict-1" type="verdictDescription">
<interp inst="t18600709-611-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600709-611-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18600709-611-punishment-22" type="punishmentDescription">
<interp inst="t18600709-611-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18600709-611-punishment-22" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-611-18600709 t18600709-611-punishment-22"/>Confined Twelve Months</rs>.</hi> </p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Thursday, July 12th, 1860.</hi> </p>
<hi rend="largeCaps">PRESENT</hi>
<hi rend="smallCaps">THE LORD CHIEF BARON POLLOCK</hi>; Mr. Ald.
<hi rend="smallCaps">ROSE</hi>; Mr. Ald.
<hi rend="smallCaps">MECHI</hi>; Mr. Ald.
<hi rend="smallCaps">ABBISS</hi>; and Mr.
<hi rend="smallCaps">COMMON SERJEANT</hi>.</p>
<hi rend="italic">Before the Lord Chief Baron Pollock.</hi> </p> </div1>
<div1 type="trialAccount" id="t18600709-612">
<interp inst="t18600709-612" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-612" type="date" value="18600709"/>
<join result="criminalCharge" id="t18600709-612-charge-1" targOrder="Y" targets="def1-612-18600709 t18600709-612-offence-1 t18600709-612-verdict-1"/>
<xptr type="pageFacsimile" doc="186007090030"/>
<persName id="def1-612-18600709" type="defendantName">
<interp inst="def1-612-18600709" type="gender" value="male"/>
<interp inst="def1-612-18600709" type="age" value="60"/>
<interp inst="def1-612-18600709" type="surname" value="SPENCER"/>
<interp inst="def1-612-18600709" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN SPENCER</hi> (60)</persName>, was
<hi rend="italic">again</hi> indicted
<rs id="t18600709-612-offence-1" type="offenceDescription">
<interp inst="t18600709-612-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18600709-612-offence-1" type="offenceSubcategory" value="sodomy"/>(
<hi rend="italic">See page</hi> 365), for b----y with
<persName id="t18600709-name-108">
<interp inst="t18600709-name-108" type="gender" value="male"/>
<interp inst="t18600709-name-108" type="surname" value="BRASCHER"/>
<interp inst="t18600709-name-108" type="given" value="REUBEN"/>Reuben Brascher</persName>.</rs> </p>
<hi rend="smallCaps">MESSRS. COOPER</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">HORRY</hi>
<hi rend="italic">conducted the Prosecution and</hi>
<hi rend="smallCaps">MR. PEARCE</hi>
<hi rend="italic">the Defence.</hi>
<hi rend="smallCaps">
<rs id="t18600709-612-verdict-1" type="verdictDescription">
<interp inst="t18600709-612-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600709-612-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<rs id="t18600709-612-punishment-23" type="punishmentDescription">
<interp inst="t18600709-612-punishment-23" type="punishmentCategory" value="death"/>
<interp inst="t18600709-612-punishment-23" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-612-18600709 t18600709-612-punishment-23"/>
<hi rend="largeCaps">DEATH</hi>
<hi rend="italic">recorded.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18600709-613">
<interp inst="t18600709-613" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-613" type="date" value="18600709"/>
<join result="criminalCharge" id="t18600709-613-charge-1" targOrder="Y" targets="def1-613-18600709 t18600709-613-offence-1 t18600709-613-verdict-1"/>
<persName id="def1-613-18600709" type="defendantName">
<interp inst="def1-613-18600709" type="gender" value="male"/>
<interp inst="def1-613-18600709" type="age" value="45"/>
<interp inst="def1-613-18600709" type="surname" value="CHAMBERS"/>
<interp inst="def1-613-18600709" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN CHAMBERS</hi> (45)</persName>, was indicted
<rs id="t18600709-613-offence-1" type="offenceDescription">
<interp inst="t18600709-613-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18600709-613-offence-1" type="offenceSubcategory" value="sodomy"/>for unlawfully attempting to commit b
<lb/>ty.</rs> </p>
<hi rend="smallCaps">MR. PLATT</hi>
<hi rend="italic">conducted the Prosecution.</hi>
<hi rend="smallCaps">
<rs id="t18600709-613-verdict-1" type="verdictDescription">
<interp inst="t18600709-613-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600709-613-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18600709-613-punishment-24" type="punishmentDescription">
<interp inst="t18600709-613-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t18600709-613-punishment-24" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-613-18600709 t18600709-613-punishment-24"/>Confined Nine Month</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18600709-614">
<interp inst="t18600709-614" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-614" type="date" value="18600709"/>
<join result="criminalCharge" id="t18600709-614-charge-1" targOrder="Y" targets="def1-614-18600709 t18600709-614-offence-1 t18600709-614-verdict-1"/>
<persName id="def1-614-18600709" type="defendantName">
<interp inst="def1-614-18600709" type="gender" value="male"/>
<interp inst="def1-614-18600709" type="age" value="19"/>
<interp inst="def1-614-18600709" type="surname" value="LETFORD"/>
<interp inst="def1-614-18600709" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN LETFORD</hi> (19)</persName>
<rs id="t18600709-614-offence-1" type="offenceDescription">
<interp inst="t18600709-614-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600709-614-offence-1" type="offenceSubcategory" value="burglary"/>, Burglariously breaking and entering the dwelling-house of
<persName id="t18600709-name-111" type="victimName">
<interp inst="t18600709-name-111" type="gender" value="male"/>
<interp inst="t18600709-name-111" type="surname" value="HORNSEY"/>
<interp inst="t18600709-name-111" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18600709-614-offence-1 t18600709-name-111"/>William Hornsey</persName>, and stealing therein 8 coats, 30 pairs of boots, 15 pairs of shoes, 3 gowns, and 2 shawls, his property.
<hi rend="italic">Second Count</hi>, feloniously receiving the same.</rs>
<hi rend="smallCaps">MR. DICKIE</hi>
<hi rend="italic">conducted the Prosecution</hi> </p>
<hi rend="smallCaps">
<persName id="t18600709-name-112" type="witnessName">
<interp inst="t18600709-name-112" type="gender" value="male"/>
<interp inst="t18600709-name-112" type="surname" value="ROWE"/>
<interp inst="t18600709-name-112" type="given" value="JOSEPH"/>JOSEPH ROWE</persName> </hi> (
<hi rend="italic">Policeman, G 270.</hi>). On Friday morning, 12th June, I was on duty in Old-street—I was called to the shop of Mr. Hoare, pawnbroker, in Old-street, about noon; half-past 12—I found the prisoner there—Yorke said, "Hornsey's house has been broken into"—I did not then know it—he produced a coat and said, "From the manner in which the lining of this coat is cut," pointing to a coat in the prisoner's hand, "I have suspicions that it is one of Mr. Hornsey's"—I then left the prisoner in charge of another constable, and proceeded to Mr. Hornsey's shop, and brought him there—he said that it was his coats; he knew it from the shape and make, and said he would show me the mark—he turned it over to show me the place where it was, and the piece of lining was cut out—this (
<hi rend="italic">produced</hi>) is it—I took the prisoner to Old-street police-station—the inspector told me to take him to Moor-lane—after he had been taken to Old-street a woman came up and attempted to rescue him—we took her in charge—the prisoner was very violent—he gave his address, 12, Pound-court—I could hear nothing of him there.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-113" type="witnessName">
<interp inst="t18600709-name-113" type="gender" value="male"/>
<interp inst="t18600709-name-113" type="surname" value="HORNSEY"/>
<interp inst="t18600709-name-113" type="given" value="WILLIAM"/>WILLIAM HORNSEY</persName> </hi>. I live at 41, Beech-street, and am a clothier, and dealer in unredeemed pledges—my house was broken open between 12 and 2 o'clock on Friday morning, 8th June—I missed a large quantity of boots and shoes; from about 15
<hi rend="italic">l</hi>. to 20
<hi rend="italic">l</hi>. worth, I should think—an entrance had been made from the roof, at the back of the house—I am sure that I had seen every thing safe on the previous night—I am in the habit of putting a particular mark in the lining of my things—all the coats in my establishment go through my hands about four times—upon every coat that passes through my hands I put a private mark on the lining of the sleeve, in ink—I know this coat well by the shape and make of it—I have had it in stock a long time—the policeman brought it to me—I said, "That is my coat," and I said, "I will further prove it to you by showing you the mark"—I turned it over and saw that the mark was cut out—I have known the prisoner a long time by sight—I saw him by my premises the same night and have seen him by my premises many a time before.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Was that made by you?
<hi rend="italic">A.</hi> No; it is an unredeemed pledge—I have not got the ticket here—this has been I worn—it has been under our hands three or four times—I do not mean that it has been pledged two or three times—I first buy it as an un
<lb/>redeemed pledge—I take it home and sort it, and then I take it up and I value it, and put my mark on it, and then I put it into my stock—I bought it of Mr. Hedges of Drury-lane—no one else is here to speak to it—I heard I the prisoner say that it was his, and that he had had it for six months—he called a pawnbroker, who did not swear that the prisoner had pledged it—it</p>
<xptr type="pageFacsimile" doc="186007090031"/>
<p>has not been worn a very great deal—it is second band—I buy them quite worn out; then I sell them to the Jews in lots—the mark where this cut is is what I know them by, at least if the mark were here—the ink has run through on to the cloth—I did not swear to it by that; I swore to it by the shape and make—I said the mark had run through on to the cloth, but I did not swear to that mark—I do not swear to it by the piece which has been cut away—I know the shape and look of the coat—I never saw a coat before, with a mark in the sleeve—I have sold many coats, I do, not know how many in the course of the year; not many.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-114" type="witnessName">
<interp inst="t18600709-name-114" type="gender" value="male"/>
<interp inst="t18600709-name-114" type="surname" value="YORKE"/>
<interp inst="t18600709-name-114" type="given" value="GEORGE RICHARD"/>GEORGE RICHARD YORKE</persName> </hi>. I am assistant to Mr. Hoare, pawnbroker, of 150, Old-street—I remember the prisoner coming to me with this coat to pawn on 12th June, about a quarter past 12 in the forenoon—it attracted my attention by the piece being cut out of the sleeve—that is a very unusual thing—I never saw such a thing before—I took it indoors to the foreman and mentioned it to him—I then sent for a constable, to whom I handed it—he left the prisoner in charge of another constable; took the coat down to Mr. Hornsey, and came back with Mr. Hornsey, who identified it—while the constable was gone to Mr. Hornsey's, I asked the prisoner if the coat was his, and he said yes, he had had it for six months.</p>
<hi rend="italic">Cross-examined. Q.</hi> How long was it from the time he came in until the constable came?
<hi rend="italic">A.</hi> It might have been a quarter of an hour or twenty minutes—he was waiting during that time—he saw me leave the shop—he could not see me go to the foreman—he saw me take the coat with me—I did not give the coat back to the prisoner after I discovered the mark—part of it was on the counter and part of it was in my hands—while the policeman was gone, the prisoner remained in the private box, with another constable in that box with him; one of the little places for pawning.</p>
<hi rend="smallCaps">MR. METOALFE</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">WILLIAM HORKSEY</hi>.
<hi rend="italic">Q.</hi> Can you form any notion of the number of coats you lost?
<hi rend="italic">A.</hi> About seven or eight, and about forty-five pairs of shoes, and about three or four shawls, and three or four gowns—they were the principal things—I do not know that there were other little things besides those—I have not missed them.
<hi rend="smallCaps">
<rs id="t18600709-614-verdict-1" type="verdictDescription">
<interp inst="t18600709-614-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18600709-614-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.
<hi rend="italic">Thursday, July 12th,1860.</hi> </p>
<hi rend="largeCaps">PRESENT</hi>.—
<hi rend="smallCaps">MR. JUSTICE CROMPTON</hi>, and Mr. Ald
<hi rend="smallCaps">MECHI</hi>.</p>
<hi rend="italic">Before Mr. Justice Crompton</hi> </p>
<div1 type="trialAccount" id="t18600709-615">
<interp inst="t18600709-615" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-615" type="date" value="18600709"/>
<join result="criminalCharge" id="t18600709-615-charge-1" targOrder="Y" targets="def1-615-18600709 t18600709-615-offence-1 t18600709-615-verdict-1"/>
<persName id="def1-615-18600709" type="defendantName">
<interp inst="def1-615-18600709" type="gender" value="male"/>
<interp inst="def1-615-18600709" type="age" value="37"/>
<interp inst="def1-615-18600709" type="surname" value="FAYERMAN"/>
<interp inst="def1-615-18600709" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY FAYERMAN</hi> (37)</persName>, was indicted
<rs id="t18600709-615-offence-1" type="offenceDescription">
<interp inst="t18600709-615-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18600709-615-offence-1" type="offenceSubcategory" value="perjury"/>for wilful and corrupt perjury.</rs> </p>
<hi rend="smallCaps">MR. SERJEANT BALLANTCNE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. COOPER</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">applied for the indictment to be quashed, as fresh counts had been added since the defendants committal, which were not included in the charge before the Magistrate.</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>
<hi rend="italic">stated that the charges in these counts were substantially the same as the others; but to avoid any difficulty he would withdraw them from the consideration of the Jury: and a verdict of</hi>
<hi rend="smallCaps">NOT GUILTY</hi>
<hi rend="italic">was taken on these counts.</hi> </p>
<hi rend="smallCaps">
<persName id="t18600709-name-116" type="witnessName">
<interp inst="t18600709-name-116" type="gender" value="male"/>
<interp inst="t18600709-name-116" type="surname" value="NAYLOR"/>
<interp inst="t18600709-name-116" type="given" value="JAMES RICHARD"/>JAMES RICHARD NAYLOR</persName> </hi>. I am chief clerk of the House of Commons—I produce the return of the members for the Borough of Great Yarmouth; the persons returned are Sir Edmond Henry Knowles Lacon and Sir Henry Stracey—they were returned for the borough of Great Yarmouth, in the county of Norfolk—the return is dated 30th April, 1859.</p>
<xptr type="pageFacsimile" doc="186007090032"/>
<hi rend="smallCaps">
<persName id="t18600709-name-117" type="witnessName">
<interp inst="t18600709-name-117" type="gender" value="male"/>
<interp inst="t18600709-name-117" type="surname" value="MAY"/>
<interp inst="t18600709-name-117" type="given" value="THOMAS ERSKINE"/>THOMAS ERSKINE MAY</persName> </hi>. I am clerk assistant in the House of Commons—I remember the appointment of the Committee; the members were sworn.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-118" type="witnessName">
<interp inst="t18600709-name-118" type="gender" value="male"/>
<interp inst="t18600709-name-118" type="surname" value="GINGER"/>
<interp inst="t18600709-name-118" type="given" value="WILLIAM"/>WILLIAM GINGER</persName> </hi>. I am clerk in the petition department of the House of Commons—I produce the petition against the two members for the borough of Great Yarmouth election, dated 21st June 1859, the petitioners are Joseph Baily and Robert Pilgrim.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-119" type="witnessName">
<interp inst="t18600709-name-119" type="gender" value="male"/>
<interp inst="t18600709-name-119" type="surname" value="MOLLYNEUX"/>
<interp inst="t18600709-name-119" type="given" value="WILLIAM MOOR"/>WILLIAM MOOR MOLLYNEUX</persName> </hi>. I am committee clerk of the House of Commons—I was present at the select committee appointed to try the petition for the borough of Great Yarmouth—the prisoner was examined—before he gave his evidence I administered the oath to him in the usual I way—in the course of the inquiry I received two 5
<hi rend="italic">l</hi>. notes—I gave them up with other papers to Mr. Webber—I don't remember who produced them.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> Do you remember whether you administered the oath?
<hi rend="italic">A.</hi> Yes; I did, I am certain.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-120" type="witnessName">
<interp inst="t18600709-name-120" type="gender" value="male"/>
<interp inst="t18600709-name-120" type="surname" value="LACON"/>
<interp inst="t18600709-name-120" type="given" value="EDMOND HENRY KNOWLES"/>SIR EDMOND HENRY KNOWLES LACON</persName> </hi>. I am a Banker residing at Ormsby, within five miles of Great Yarmouth—our's is an old established firm—I have been there the whole of my life—at the last general election in 1859 I, in conjunction with Sir Henry Stracey, stood for Yarmouth—I was returned—I know the defendant; he was acquainted with my person—he was a voter for Yarmouth—at the time of the election he was shopman to Mr. Walpole, a grocer of Yarmouth—the nomination day was 28th April—before the election I received a letter from the defendant; this is it—I received it about 8th April—I don't know his writing—I answered this letter—I recollect on 18th April, 1859, attending a meeting at the Victoria-gardens.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-121" type="witnessName">
<interp inst="t18600709-name-121" type="gender" value="male"/>
<interp inst="t18600709-name-121" type="surname" value="STRATFORD"/>
<interp inst="t18600709-name-121" type="given" value="JAMES"/>JAMES STRATFORD</persName> </hi>. I am employed by Messrs. Gurney, short-hand writers to the House of Commons—I was so employed before the Committee for examining the petition for the borough of Great Yarmouth—I was present when the defendant was under examination—I took down his evidence cor
<hi rend="italic">Reads</hi>:)—"
<hi rend="italic">Q.</hi> Did you go to the Victoria-gardens?
<hi rend="italic">A.</hi> I did. Was there a meeting held there of his supporters? There was. Was it a day meeting or a night meeting? A night meeting. What time was it? Eight o'clock, I think, or it might be a quarter to 9, before they began. Did you see him (
<hi rend="italic">Sir Edmond Lacon</hi>) during the meeting? Yes, and Sir Henry Stracey too. Did you speak to him during the meeting or after? After. Where was it you spoke to him? Outside the Victoria-gardens. What time was it? It was about a quarter past 12. Was anyone with him? No. What was he doing? Walking in the road. Tell us what passed? He said, Mr. Fayerman I want to speak to you, and he took me down. What did you say? I said ‘Oh, very well, I am quite ready to speak to you.' What did he do? He took me down the road commonly called the Alma-road, just opposite the Victoria-gardens, and he said, 'Mr. Fayerman, are you going to support me and Sir Henry Stracey?' I said I had not made up my mind; he said, 'I suppose you want a little money,' I said it would be very acceptable; he said, 'Well, I will give you 5
<hi rend="italic">l</hi>., that is as much as I can afford, if you will vote for me and Sir Henry Stracey.' What did you say? I said, 'I will take it, and I will vote, and I will support you.' He said, 'If you will, after the election is over I will get you a situation on this new railway, if you will suppport me and my colleague.' Did he give you anything? He gave me a 5
<hi rend="italic">l</hi>. note. Is that it (
<hi rend="italic">Handing a note to the witness</hi>)? It is, and there is my signature upon it. When did you write that on it? As soon as I got home. Just read the indorsement? 'Given by Sir Edmond Lacon his</p>
<xptr type="pageFacsimile" doc="186007090033"/>
<p>ownself, the 18th of April, 1859, at 12 o'clock at night from the Vietoria
<lb/>gardens.' You received this on the 18th of April, 1859, and promised to vote for Sir Emdond Lacon, did you? Yes. After that you said you had not made up your mind? Yes. You say that note was given to you on the 18th, and you promised to support Sir Edmond Lacon, and you told Mr. Reynolds that you had not made up your mind ten days afterwards? Yes, because I had not really made up my mind then. But you had taken this money then, and then you told Mr. Reynolds you had not made up your mind? Yes; because I did not know which way to go, as I always do when I am in doubt. Did you mention this to anybody, this gift of the note to anybody? No, not a word. You have got a wife, have you not? Yes, but she left me, and turned out a regular bad one."</p>
<hi rend="smallCaps">
<persName id="t18600709-name-122" type="witnessName">
<interp inst="t18600709-name-122" type="gender" value="male"/>
<interp inst="t18600709-name-122" type="surname" value="WEBBER"/>
<interp inst="t18600709-name-122" type="given" value="FELIX HUSSEY"/>FELIX HUSSEY WEBBER</persName> </hi>. I was clerk to the Committee appointed to try the petition against the return of Sir Edmond Henry Knowles Lacon, and Sir Henry Stracey for Great Yarmouth.</p>
<hi rend="italic">Cross-examined. Q.</hi> Did you hear the Chairman announce the resolutions of the Committee?
<hi rend="italic">A.</hi> Yes; they were, "That Sir Edmond Henry Knowles Lacon, and Sir Henry Stracey are duly elected for the borough of Great Yarmouth," and "That there are strong grounds to believe that Henry Fayerman has been guilty of perjury"—he was not directed to be prosecuted—I know that in other cases they have directed prosecutions for perjury.</p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Do you produce two 5
<hi rend="italic">l</hi>. notes?
<hi rend="italic">A.</hi> Yes; they were impounded by order of the Committee, and handed to me by Mr. Mollyneux.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-123" type="witnessName">
<interp inst="t18600709-name-123" type="gender" value="male"/>
<interp inst="t18600709-name-123" type="surname" value="LACON"/>
<interp inst="t18600709-name-123" type="given" value="EDMOND HENRY KNOWLES"/>SIR EDMOND HENRY KNOWLES LACON</persName> </hi> (
<hi rend="italic">re-examined</hi>).
<hi rend="italic">Q.</hi> What time did you reach the Victoria-gardens?
<hi rend="italic">A.</hi> About a quarter past 8 o'clock—it is about quarter of a mile or 400 yards from my hotel—I went in a fly—when I got there, there was a meeting assembled of my supporters—Sir Henry Stracey was there; be and I addressed the meeting—the meeting broke up about quarter before 11 o'clock—I then went home with Sir Henry Stracey in a fly to the Victoria Hotel—it was the same fly that came with us, and the same driver—when we got to the hotel, I went up stairs to Sir Henry Stracey's room for a few minutes—I then came down stairs and went into the bar—I remained in the bar till about half-past 12 or a quarter before 1, and then I went to bed—the landlord of the hotel was there—after I returned to the hotel, I did not go out again that night—I did not see Fayerman that night—I dont remember that I saw him that day at all—I did not see him that night after I returned from the meeting—there was no other meeting but that at the Victoria-gardens—I did not give Fayerman a 5
<hi rend="italic">l</hi>. note that night; certainly not, nor any night, nor any day—I never gave him any money whatever, neither note nor money—I did not promise him a situation on the railway if he would vote for me—I never promised him any place at any time—I did not know anything about it being imputed to me that I had given the 5
<hi rend="italic">l</hi>. note, and promised the place, till Mr. Phinn opened it in his speech to the Committee—I had no communication any, evening with the defendant—I did not speak to him any time during the election, or the canvass—I never had any meeting with him on any evening—I never offered him any money, or promised him anything.</p>
<hi rend="italic">Cross-examined. Q.</hi> You know what a Tory is, I suppose?
<hi rend="italic">A.</hi> I hope so—my impression is that the members of the Committee are usually three Conservatives and two Whigs—the Tories have a majority in the Committees—I did not hear the resolution of the Committee read—I was not present—there usually is great excitement during a contested election in the town</p>
<xptr type="pageFacsimile" doc="186007090034"/>
<p>of Yarmouth—I think I was down canvassing on 7th April—the canvass began on 7th; I think the election was the 28th—I was there from the 7th to the 28th—I did not go about the town canvassing every day, but several days, three or four in a week—I know Mr. Walpole—I did go to his shop to speak to him, not to canvass him—he never votes—I saw Fayerman there at the counter—I believe Walpole was not called before the Committee—my impression is, that he never voted—he did not promise his vote to me—I really don't remember what he did say—I attended three or four public meetings during the canvass, and up to the day of election—they were in the evening—I was accompanied by Sir Edward Stracey, and addressed the electors—there was a great deal of excitement—some of them were crowded meetings—they had what they wished to drink—there is not a hotel at the Victoria-garden—there is a pavilion that was erected for public exhibition—the pavilion was crowded that night—I should think there were 400 persons—some of them were smoking and drinking—I remained at the Victoria-garden till about quarter before 11—I smoked a cigar, and had something—the flyman drove me there; his name is Smith—he waited there—the fly was waiting when I came out—I know where Alma-road is.</p>
<hi rend="italic">Q.</hi> Is there a road there, a main thoroughfare, which they call Blackfriars-road?
<hi rend="italic">A.</hi> Tower-road is the main road—there is a road leading from the Tower-road by the side of the Victoria-gardens—the Victoria-gardens open into the Tower-road; you go in by that entrance to go in the pavilion—I know the Alma-road; it is parallel with the Tower-road—carriages to go from the Victoria-garden to the Victoria Hotel, would go down the Viotoria-road, which runs out of the Tower-road—the distance from Victoria-road to Alma-road, is seventy or eighty yards—when I came out of the Victoria-garden gate, I found the fly at the corner of the Tower-road, at the corner of the gate out of which I came; Sir Henry Stracey and I came out together—the flyman was three or four yards off—we came through the pavilion, and found the fly there—the flyman drove us home—he drove us several times—I went straight to the Victoria Hotel—several persons accompanied me and Sir Henry Stracey out of the pavilion, and to the fly—Marsh was one—I suppose they saw us go in the fly—Marsh was one; I cannot tell whether he saw us get into the fly—when we got to the Victoria Hotel, it was just before 11—I did not see the landlord then—I recollect on that particular night, the 18th of April 1859, going up to Sir Henry Stracey's room—my attention was first called to what took place on that night when the evidence came before the Committee last February, 1860—after such an interval, I perfectly remember the trivial circumstance of going up to Sir Henry Stracey's room; Sir Henry Stracey accompanied me—I did not go anywhere else before that—the landlord was not at home then—I don't recollect whether I spoke to the waiter, but I went straight up to Sir Henry Stracey's—when I was in the bar smoking the cigar, the landlord was there—I can't tell when he arrived—he was there a short time after I came down—I can't state whether I found him in the bar when I came down—he came in directly afterwards—I did not see the landlady there when I went up—I did not pass the bar to go up stairs—I don't remember whether anyone came in the bar—I distinctly remember coming home in the fly, and going to Sir Henry Stracey's room—I remember distinctly smoking a cigar on the evening of the 18th—I don't remember whether I smoked a cigar on the 16th or 17th—I went home on the Saturday; the other days I stayed there—I generally was in the habit of smoking a cigar—I</p>
<xptr type="pageFacsimile" doc="186007090035"/>
<p>perfectly remember going up to Sir Henry Stracey's room, and smoking a cigar on the night of the 18th—I heard this man give his evidence before the Committee, and heard Mr. Phinn make the opening address.</p>
<hi rend="italic">Q.</hi> The committee having published the report on the 1st March this year, when did you first think of indicting this man for perjury?
<hi rend="italic">A.</hi> After a letter he published in the Norfolk News, on 28th April—I don't recollect the day when I gave orders to my solicitor, but it was about 5th or 6th May—the substance of that was, that he had stated the truth, and that I had committed perjury—two actions have been brought against me for slander after I commenced this prosecution—it was in consequence of words I had made use of at a public dinner—the public dinner was on the 12th of April—I heard of the action about the 9th or 10th of May—the notice was served on me on the 16th of May—I think it was in June when I first gave evidence before the police Magistrate.</p>
<hi rend="italic">Q.</hi> Did your solicitor tell you it was important that this man should be convicted before this action was tried, or anything to that effect?
<hi rend="italic">A.</hi> My solicitor told me it would be better to get this defendant tried before the action for slander—what I said was accusing a committee in Yarmouth of getting up evidence of a conspiracy with reference to the defendant's evidence—I left it in the hands of my solicitor; I believe I pleaded that the matter was true—I said that I did not blame that unfortunate man so much as I did the Committee—I believe those were the words I used—two actions were brought against me and I pleaded a justification that what I said was true—I don't know that this man would have been a most important witness—my solicitor told me it was important that this man should be tried before the trials came on—he did not tell me the reason; I did not ask him—I still adhere to what I have said that I do not know that this man would have been an important witness on the trial—I don't know that he was to be a witness at all—we succeeded in putting these trials off till November I believe—if it had not been for the application I believe they would have been tried last week—I believe they were put off for the absence of a material witness named Pilgrim—I rather think he is at Brighton—the real reason for these having been thrown over till November, was on account of Mr. Pilgrim's state of health—he was an important witness.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">Q</hi>, Do you know whether it was put off for the purpose of having this trial first.
<hi rend="italic">A.</hi> No.</p>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q</hi>, Did you first want this changed to Norfolk.
<hi rend="italic">A.</hi> Yes; and then there was a fresh application to postpone it on account of the illness of a witness—I know Charles Botwright by name only—I know John Cooper—I saw him sometimes during the election—I have spoken to him when I wanted anything in his shop—I have not spoken to him in reference to the election—I don't remember canvassing him—I did not speak to him in reference to the election—I had no particular reason for abstaining—I know James Spiller; he is a friend of mine—I saw him in his own house—I canvassed him—he did not promise me his vote—I don't think he voted—I really can't tell what answer he made when I canvassed him—my impression was that he had not made up his mind—I can't say what he said—I only saw him that once during the election—he was not canvassing for me—Payne was examined before the Committee—saw Savage on the canvass; I have not had frequent communication with him—he was canvassing round—I know William Lee, he was not a canvasser of mine—he voted for me—I canvassed him—I had no communication with him during the election—I know Isaac Shelton; he was a voter; I did not</p>
<xptr type="pageFacsimile" doc="186007090036"/>
<p>canvass him—he voted without—I had no communication with him—I never spoke to Fayerman at all during any part of the time, during the election or during the canvass.</p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> At the Committee, after the evidence of Fayerman, you were yourself examined and I suppose cross-examined as to your statement?
<hi rend="italic">A.</hi> Yes I was, and it was after that that the resolution with reference to the perjury of this man was found—my opinion was that this man was only a tool in the hands of others—that was and that is my belief—I did not intend to prosecute him unless that letter had appeared—I made my speech at the public dinner on 12th April—from that time until I had commenced proceedings against this man for perjury no step had been taken against me in an action—the two actions are brought each by an attorney—I only know from their publishing their own names that those parties were on the Committee—I was not aware of those persons having been bribed; I gave no authority for it—Mr. Reynolds is my agent—I have represented Yarmouth before in Parliament—this was the first time Sir Henry Stracey had stood—I am generally in the habit of smoking a cigar in the evening—whether I recollect the cigar on that evening, I recollect the meeting at the Victoria-garden—that was the only one—Mr. Marsh has been two or three times Mayor of Yarmouth—he was not so at the time of the election—he was chairman at my meeting—Mr. Preston is my attorney—Mr. Corry is my solicitor; I left the matter in his hands—the production of this note, which was produced at the Committee, or the apprehension of any evidence he might give on the trial have had no influence on my mind in reference to this trial.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-124" type="witnessName">
<interp inst="t18600709-name-124" type="gender" value="male"/>
<interp inst="t18600709-name-124" type="surname" value="SMITH"/>
<interp inst="t18600709-name-124" type="given" value="JAMES"/>JAMES SMITH</persName> </hi>. I am a fly driver at Great Yarmouth—I was fly driver at the Royal Victoria Hotel in April, 1859—I remember the election at Yarmouth quite well—I remember driving Sir Edmond Lacon and Sir Henry Stracey to the Victoria-gardens on the evening of 18th of April—I left the Victoria Hotel from ten to twenty minutes after 8 o'clock; that is a short quarter of a mile from the gardens—on reaching the Victoria-gardens' gate the two members left the fly and walked into the gardens—I left the fly soon after and went in myself; I went straight to the pavilion; I saw the two members and heard them—after they had finished the meeting it wanted ten minutes or a quarter to 11; the meeting was then over—I then went first towards the fly and they followed me—on their coming up I opened the fly and let them in—I then shut the door, mounted the box, and drove towards the Victoria Hotel—on reaching there I saw them enter the house; that was about five or ten minutes to 11—I then took my horse in the yard; that was the end of my driving that night.</p>
<hi rend="italic">Cross-examined. Q.</hi> How long after 18th April were you first asked about this?
<hi rend="italic">A.</hi> On 28th April this year—I was asked about the time I took them and brought them back—Captain Marsh asked me on the 28th; I am sure of that—it was 28th April to the best of my knowledge; I re
<lb/>collect it quite well—I went to Captain Marsh's house and he asked me—Mr. Balls, the landlord of the Victoria, asked me to go to Captain Marsh's, and I went—Mr. Balls was in his own house—he told me to go to Captain Marsh; he went with me; he did not tell me what I was going for—I saw Captain Marsh in his house; in one of the rooms down stairs, and then he asked me what time I had taken Sir Edmond Lacon home on the 18th—I saw Captain Marsh at Westminster police-court—I mean to say that this happened on 28th April this year—I was first asked what time I had driven home Sir Edmond Lacon in April, 1859, and then I recollected the</p>
<xptr type="pageFacsimile" doc="186007090037"/>
<p>twenty minutes to 11, the five or ten minutes, a quarter of an hour, and all the time had been driving about Yarmouth—I don't recollect what time I drive every body—Sir Edmond Lacon is the only one I can recollect; that it was from twenty minutes to 11 to a quarter—I drove him to other meetings before 18th April—there were several meetings—I can't be certain when I drove him before—I did not drive him on the 17th that I know of—I can't say that I drove him on the 16th—I don't know that I drove him on the 13th or 16th or 19th—I came up here on Monday.</p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Did you ever drive Sir Edmond Lacon and Sir Henry Stracy to the Victoria-gardens on any occasion but that one?
<hi rend="italic">A.</hi> No—I had heard them make speeches before, but never heard them make speeches at Victoria-gardens before—when the meeting terminated I went to my fly: it was at the garden door—the gentlemen followed me out—I went home and went to bed and to sleep.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-125" type="witnessName">
<interp inst="t18600709-name-125" type="gender" value="male"/>
<interp inst="t18600709-name-125" type="surname" value="MARSH"/>
<interp inst="t18600709-name-125" type="given" value="SAMUEL CHARLES"/>SAMUEL CHARLES MARSH</persName> </hi>. I am a wine merchant—I am called Captain Marsh—I am commander of the Artillery Volunteers—I am an inhabitant of Yarmouth, and have been Mayor on two or three occasions, and a constant supporter of Conservative principles—these two gentlemen were Conservative members, I was the Chairman—I took the chair at the Victoria-gardens—I was requested to do so—I remained till the close of the meeting—both Sir Edmond Lacon and Sir Henry Stracey remained there—I saw them leave the meeting—Sir Edmond Lacon, Sir Henry Stracey, and some few others went through the meeting, the meeting making room for them—I went with them—we went then down to the fly—they both shook hands as they went along—they got in the fly and drove off—I went with them to the fly door—I know the Alma-road—it was not possible for Sir Edmond Lacon to have had any communication with Fayerman that evening: certainly not—I never lost sight of Sir Edmond Lacon till he got in the fly—if I remember, he got into the fly first; I think he did—I never lost sight of him till he got into the fly.</p>
<hi rend="italic">Cross-examined. Q.</hi> I suppose you attended a great many meetings?
<hi rend="italic">A.</hi> I think I attended two or three—on one of those occasions those gentlemen were not present; on the others they were, and made speeches—I was Chairman at one other meeting—I don't remember that 1 accompanied them to the fly on other occasions—I accompanied them merely in the room—I accompanied them to the door of the public-house—I never accompanied them out but on that one occasion—I was first asked about this some few months ago, after the Parliamentary inquiry—I believe Fayerman came once to my house, but I did not see him—I was at dinner—the flyman never came—I saw Mr. Balls; he called at my private residence—I saw him in my outer hall—no one was present—one of my servants let him in—he came to speak about the evening that Sir Edmond Lacon and Sir Henry Stracey came to his house—I can't say the exact time that this happened; it was this year, 1860, after the Parliamentary inquiry—I asked him about them—I had called upon him in the morning between 2 and 3 o'clock—I saw him in one of the rooms in his own house—I think it was the one on the left-hand side as you go in—I saw him there—he was alone—I asked him whether Sir Edmond Lacon and Sir Henry Stracey had slept in his house that night; he said he thought they did, but he would refer to his books and let me know—I think he said he would refer to his books and let me know—that was all that passed at that interview—I left—I was in a cab—he called on me the same day during dinner or directly afterwards—I saw him in the outer hall—he spoke first, he said he had called to tell me they slept</p>
<xptr type="pageFacsimile" doc="186007090038"/>
<p>in his house that night, and that Sir Edmond Lacon had not gone out after he came in from the meeting—that was what he said—I don't know whether he said he had looked at his books—I don't remember that I made any answer—I might have said, "Very well"—I did not ask him into the par
<lb/>lour—he did not go in the parlour—I think it might be in April when he called—I may be wrong, but I think it was April, because the inquiry must have been about that time—it must be some few days after I read in the paper about the evidence—this interview took place a very few days afterwards—it might be in March—I am certain it was not in May—I have another place of business—when Mr. Balls came I did not see the driver—I believe he was outside—I think Mr. Balls said the flyman was outside.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">Q.</hi> You think Mr. Balls mentioned the flyman?
<hi rend="italic">A.</hi> Yes; I think he said he was outside.</p>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> Are you sure he was not inside?
<hi rend="italic">A.</hi> He was not in the parlour—I might have something to drink at the meeting—I might have one or two sixpenny-worths of brandy and water or whisky and water—I was a Whig; I am now a Conservative—I never voted against Sir Edmond Lacon.</p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Do you remember seeing James Smith at your house about this meeting at all?
<hi rend="italic">A.</hi> No; I saw the evidence of the Committee in the paper—I saw the statement made by Fayerman that on that particular night this five pound note had been given to him, and on seeing that statement I went at once to Mr. Corry and told him what I knew about it.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-126" type="witnessName">
<interp inst="t18600709-name-126" type="gender" value="male"/>
<interp inst="t18600709-name-126" type="surname" value="BALLS"/>
<interp inst="t18600709-name-126" type="given" value="SAMUEL"/>SAMUEL BALLS</persName> </hi>. I am landlord of the Victoria Hotel, and I was so last year—I remember the Yarmouth election last year—on that occasion the two candidates, who were afterwards members, lodged at my hotel, Sir Edmond Lacon and Sir Henry Stracey—I remember the night of the Conservative meeting at Victoria-gardens; they left my house in a fly driven by one of my servants, to go to the meeting—I was not at home when they ar
<lb/>rived after the meeting—I saw Sir Edmond Lacon that night at a quarter-past eleven—I closed the doors of the hotel at twelve o'clock—Sir Edmond Lacon breakfasted there the next morning.</p>
<hi rend="italic">cross-examined. Q.</hi> Do you know what they had for breakfast?
<hi rend="italic">A.</hi> No; I have a book here which contains that they had a breakfast—I never said that I could not tell whether they had been there, without looking at a book—nobody same to ask me whether they had come there that night—it was pretty well known that they were there.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">Q.</hi> Did Mr. Marsh come to ask you about it?
<hi rend="italic">A.</hi> No; Captain Marsh never asked me.</p>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> Captain Marsh never asked you whether they had been there on the night of the 18th?
<hi rend="italic">A.</hi> No, never—I never told him I would look in my book and find out—Captain Marsh and I talked of this matter when the Commission came down—we talked in front of my hotel—I very frequently see Mr. Marsh, and this was in front of the hotel—I saw the ac
<lb/>count in the paper and I thought the man had committed himself, for that night that he stated that he had received the note, and at the time he stated, Sir Edmond Lacon was sitting in my bar—I think this was about 4 o'clock in the afternoon—Captain Marsh went away—I think I saw him again that evening—I rather think I called at his house—I saw him—I called on a matter of private business; nothing to do with this business—it might be between six and seven when I called on him—I went into one of his large rooms—I did not stay long—he walked down the steps with me—he went back—what he did afterwards I don't know.</p>
<xptr type="pageFacsimile" doc="186007090039"/>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Was your attention called to the news
<lb/>paper report?
<hi rend="italic">A.</hi> Yes; I saw the day stated—I saw the evidence that Fayerman gave, and I recollected where Sir Edmond Lacon had been that day—I called the same evening at Captain Marsh's house.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">Q.</hi> Did you go with the flyman to his house?
<hi rend="italic">A.</hi> The flyman went with me on the quay, but he never went to Mr. Marsh's, nor to the house—he was about 100 yards outside, or it might be more—I left him behind and walked on—I told him I was going to Captain Marsh's—I asked him to go with me—I spoke to the flyman about this matter.</p>
<hi rend="smallCaps">
<rs id="t18600709-615-verdict-1" type="verdictDescription">
<interp inst="t18600709-615-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18600709-615-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Thursday, July 12th, 1860.</hi> </p>
<hi rend="largeCaps">PRESENT</hi>
<hi rend="smallCaps">MR. RECORDER</hi>, Mr. Ald.
<hi rend="smallCaps">ROSE</hi>, and Mr. Ald.
<hi rend="smallCaps">ABBISS</hi>.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18600709-616">
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<interp inst="t18600709-616" type="date" value="18600709"/>
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<persName id="def1-616-18600709" type="defendantName">
<interp inst="def1-616-18600709" type="gender" value="male"/>
<interp inst="def1-616-18600709" type="age" value="21"/>
<interp inst="def1-616-18600709" type="surname" value="DAVID"/>
<interp inst="def1-616-18600709" type="given" value="GEORGE EDWARD"/>
<hi rend="largeCaps">GEORGE EDWARD DAVID</hi> (21)</persName>
<rs id="t18600709-616-offence-1" type="offenceDescription">
<interp inst="t18600709-616-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600709-616-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, Stealing 20 yards of silk, value 10
<hi rend="italic">l</hi>., and 4000 lingoes, the property of
<persName id="t18600709-name-128" type="victimName">
<interp inst="t18600709-name-128" type="gender" value="male"/>
<interp inst="t18600709-name-128" type="surname" value="VAVASSEUR"/>
<interp inst="t18600709-name-128" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18600709-616-offence-1 t18600709-name-128"/>James Vavasseur</persName>, his master.</rs> </p>
<hi rend="smallCaps">MR. PLATT</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18600709-name-129" type="witnessName">
<interp inst="t18600709-name-129" type="gender" value="male"/>
<interp inst="t18600709-name-129" type="surname" value="VAVASSEUR"/>
<interp inst="t18600709-name-129" type="given" value="GEORGE"/>GEORGE VAVASSEUR</persName> </hi>. I am foreman to James Vavasseur and others, of 47, Cannon-street, silk manufacturers—the prisoner was in our employ on 10th April, as a weaver of silk, and had been so employed some time before that—on 16th April I gave him out forty yards of warp silk, that is unwoven silk; it weighed about forty-eight ounces—he signed a receipt for it—it was to be woven into silk—he was to make it up into neckties, and deliver it to us within twenty-eight days—I gave him a ticket, as is usual with us, telling him how the work was to be done, and in what time; that is the common course, and the workman signs the receipt—he was to make it up at a place occupied by him, No. 2, Golden-lane, City—that was a room he hired of us for that purpose—the loom there belonged to him, but the machine belonged to us—in the course of the manufacture it is necessary to use something called "leads," commonly called "lingoes;" they are small leads for the purpose of holding the silk; they also belonged to the firm—it is my duty to inspect the work as it goes on; I went to him on 26th May for the purpose of inspecting his work as he was going on with it—he was at work—as near as I could say about fifteen yards of silk was then-actually made up—if he had used proper diligence he should have brought his work home before that; the twenty-eight days had then expired some considerable time—I had paid him visits several times before that—it is very common for the work people to keep the work longer than the specified time—on 5th May, as near as I can say, he brought back sixteen and three-quarter yards—we considered that he ought to have brought us home eighteen yards; only a small quantity would be allowed for in the weaving—if we give out forty yards we should be content with receiving thirty-seven yards or so—the quantity that he was deficient would not be allowed for in the weaving—I went again on the 28th May; he was not there—it being Whit
<lb/>Monday I did not take particular notice of that; the door was locked at the time—I believed that the silk was safe—on the 29th, next day, I went again and examined the house; I found he was gone—when I went in I missed the silk and the leads; he gave no more silk to me than what I have mentioned, but he left a small quantity behind, about five or six ounces, for</p>
<xptr type="pageFacsimile" doc="186007090040"/>
<p>which I have given him credit; that is part of the unmade silk—the whole of the silk that was manufactured was removed, and also part that was unmanufactured, and a small quantity of unmanufactured silk remained, the value of which was about 16
<hi rend="italic">s</hi>.—there was still a very large quantity deficient—ten guineas we estimate the value of that which was deficient—the lingoes were gone; more than 4,000—they were worth from 50
<hi rend="italic">s</hi>. to 3
<hi rend="italic">l</hi>.—I made a communication to the police.</p>
<hi rend="italic">Prisoner. Q.</hi> How many bobbins of silk might you have found?
<hi rend="italic">A.</hi> I think there were seven or eight with silk on them, but they were not all full—there might perhaps have been eight or ten bobbins with silk on—I will not swear that I found eighteen bobbins—there were two or three smaller bobbins—I believe the number of bobbins was quite correct—it very much depends on how much silk one bobbin will hold—they may hold more or less than an ounce, most likely less, on an average twenty-five bobbins take a pound of silk—the warp bobbins hold from the fifth to the sixth part of an ounce each bobbin—I will not swear to the number of empty and full bobbins, but the number given out to you corresponded with the number that we found, added to those which you had previously returned at the warehouse—we have at the warehouse the account of the silk that we discovered, and we have given you credit for it—we have not charged you with stealing the silk which you left behind you—I do not charge you with twenty yards of ready-made work—we consider that there was from sixteen to seventeen yards of work made up at the time it was removed—I will swear that I saw thirteen yards of work made on 26th May—that was on your beam—I am not acquainted with the precise value of that work after it is ready-made—I know the value of silk before it is woven—I have not got the particulars of the exact weight that was given out—the length was forty yards—I have not got the precise weight of the sixteen and three-quarter yards of silk that I received home—I said I believed there were four or five more bobbins—I do not swear it—I think there was an ounce of silk on the warp—when I went to your house on Monday I saw several of the tenants who reside there; I saw your next door neighhour—I did not see you—I think I came between five and six o'clock on Monday, the 28th May—to the best of my recollection the place was fastened up—I don't remember coming in and seeing you at work—I have a very great many things to think of; I have stated the evidence to the best of my recollection, and as far as remember the place was closed and I did not see you on that day—I enquired about you there, and I was told that you had had a quarrel with a man and had been kicked down stairs; a man named Wade told me that—I believe that was about five o'clock—I did not go to your place any more that evening—I went there again on Tuesday evening about six o'clock, the place was fastened up and I saw nothing until one of the work people broke away part of the fastening of the doors, and when I went into the place I found the work had been violently removed, and that the leads had been cut away from the machine—I would swear that 4,200 were cut away—they were all taken away—there were 5,200 leads—you could not work with one less than that number—they were all gone except a few that were found on the floor—I am not able to say what the market price of the leads is per thousand—your place was safe enough when I saw you there at work on Saturday the 26th May—that was the last time I saw you there at work—I found only a small quantity of silk waste—the forty yards of silk that I gave you was violet and the other colour was nankeen—there was forty yards of violet and twenty yards</p>
<xptr type="pageFacsimile" doc="186007090041"/>
<p>of nankeen—I gave you twenty-one days to do that in—I gave you a docu
<lb/>ment and you signed it.</p>
<hi rend="smallCaps">MR. PLATT</hi>.
<hi rend="italic">Q.</hi> Making every allowance, allowing him for the fifteen yards, and allowing him for the remainder, is there still a deficiency of ten guineas worth?
<hi rend="italic">A.</hi> Yes—it was forcibly taken away from the loom—the prisoner was not there when I went in and found the property gone.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">Q.</hi> You have spoken of some paper; have you got that paper?
<hi rend="italic">A.</hi> Yes—that 1,300 represents the exact number of warped threads—that number is required in order to make the proper width and proper quantity—"two hundred shoots" means the proper quantity of silk that is to be shot across and across, in order to make up the quantity: "twenty-eight days allowed for work"—the length is not there, or the weight—they never give us a receipt for the quantity they receive.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-130" type="witnessName">
<interp inst="t18600709-name-130" type="gender" value="male"/>
<interp inst="t18600709-name-130" type="surname" value="BALCHIN"/>
<interp inst="t18600709-name-130" type="given" value="THOMAS"/>THOMAS BALCHIN</persName> </hi> (
<hi rend="italic">City Police-sergeant</hi>, 518). I took the prisoner in custody at Hulseworth in Suffolk, on 14th June—I showed him the warrant and said I should take him for stealing silk from Mr. Vavasseur's—he was in custody when I got there—I received him from the superintendent of police—in the railway carriage he said, "I knew I was very foolish for doing this so I gave myself up; I have sold the property in question to a man whom they call 'Crutchy,' whom I met in the City-road"—I said, "Did you give it him"—he said, "No; I gave him leave to cut it from the loom"—I said, "As to the weights, do you know anything about them?"—he said, "No; I did not give him leave to cut the weights away."</p>
<hi rend="italic">Prisoner's Defence.</hi> When I first went to work for Mr. Vavasseur I, was making a scarf belonging to him; he saw me at work and said, "When will you have finished this? "I told him the day and he said, "I can find you something better than that when it is done." When I had the scarfs done I went to him; he took me to a house and showed me a room in Golden-lane, which he said he would let to me for 5
<hi rend="italic">s</hi>. a week; he afterwards took me to a much worse room and I had to pay 5
<hi rend="italic">s</hi>. a week for that. First he offered me 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. per yard for work, and then he would not pay me more than 2
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>. I was dreadfully ill-used, and I was obliged to leave the place; I was ill-used by Mr. Vavasseur's tenants. I can get a man to swear that he saw a man break into my place.</p>
<hi rend="italic">The prisoner called</hi> </p>
<hi rend="smallCaps">
<persName id="t18600709-name-131" type="witnessName">
<interp inst="t18600709-name-131" type="gender" value="female"/>
<interp inst="t18600709-name-131" type="surname" value="FULHAM"/>
<interp inst="t18600709-name-131" type="given" value="ANN"/>ANN FULHAM</persName> </hi>. On Whitsun Monday I met this young man and he played with my children—he was there till Tuesday—he had been dread
<lb/>fully ill-used at the time, and he was afraid to return, for fear of that—he went with us to the forest on Tuesday—I have known him four years—he has borne a very good character during that time—I disapproved of his going to this place.</p>
<rs id="t18600709-616-verdict-1" type="verdictDescription">
<interp inst="t18600709-616-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600709-616-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>.—
<hi rend="italic">Recommended to mercy by the Jury.</hi> </rs>
<hi rend="italic">
<rs id="t18600709-616-punishment-25" type="punishmentDescription">
<interp inst="t18600709-616-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t18600709-616-punishment-25" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-616-18600709 t18600709-616-punishment-25"/>Confined Four Months</rs>.</hi> </p> </div1>
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<interp inst="t18600709-617" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-617" type="date" value="18600709"/>
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<persName id="def1-617-18600709" type="defendantName">
<interp inst="def1-617-18600709" type="gender" value="male"/>
<interp inst="def1-617-18600709" type="age" value="20"/>
<interp inst="def1-617-18600709" type="surname" value="WHITE"/>
<interp inst="def1-617-18600709" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES WHITE</hi> (20)</persName>
<rs id="t18600709-617-offence-1" type="offenceDescription">
<interp inst="t18600709-617-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600709-617-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing one copper value 2
<hi rend="italic">l</hi>., the pro
<lb/>perty of
<persName id="t18600709-name-133" type="victimName">
<interp inst="t18600709-name-133" type="gender" value="male"/>
<interp inst="t18600709-name-133" type="surname" value="DURRANT"/>
<interp inst="t18600709-name-133" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18600709-617-offence-1 t18600709-name-133"/>William Durrant</persName>. </rs>
<hi rend="smallCaps">MR. BRIARLY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18600709-name-134" type="witnessName">
<interp inst="t18600709-name-134" type="gender" value="male"/>
<interp inst="t18600709-name-134" type="surname" value="EDWARDS"/>
<interp inst="t18600709-name-134" type="given" value="WILLIAM"/>WILLIAM EDWARDS</persName> </hi> (
<hi rend="italic">Policeman</hi>, 256 T). I am stationed at Uxbridge—on 24th June I saw the prisoner early in the morning—the first time I saw him was about ten minutes past one; he was then about fifty yards from Mr. Durrant's gate—I passed him on the footpath with two other men—I met them again at quarter past two on the canal bridge—when I came upon the bridge I saw them standing at the foot of the bridge near a wall, with a copper on the wall—as soon as they saw me, one of them pushed the copper over into the gardens down below—there were three men there</p>
<xptr type="pageFacsimile" doc="186007090042"/>
<p>then—as soon as the copper was pushed over, the prisoner came up to me—I said, "Good morning;" he said, "Good morning"—he leant over the bridge close by me—the other two persons then came up—the prisoner stopped there about ten minutes or a quarter of an hour—he then went down and washed his face and hands in the water—the other persons went towards a public-house—as soon as the prisoner had washed himself he went down to a passage that leads from the road to the footpath by the canal, there the other two came to him and spoke to him—as soon as I saw that I went into the gas-house—there was a man named King there, and I asked him to come out on the bridge to me—he came out, and I told him to mind the copper while I took the prisoner into custody—I went down to the canal, and as soon as he saw me he walked away; when he got near the bridge I walked up to him and took him in custody—as soon as the other men saw me they tried to get away through a doorway—I said, "It is no use trying to get away, I know you all three"—the prisoner said to me, "What are you going to take me in custody for?"—I said, "For stealing that copper you threw over the wall"—he said, "Then I am b—if you shall take me"—I drew my staff as the others were coming up, and he then said he would go quietly with me—I fetched the copper after
<lb/>wards—I saw it safe at a quarter past one at Mr. Durrant's premises—I afterwards went into the garden and found three different impressions of foot-marks—they came over a wall down a low greenhouse into the garden—I went back to the station, got the prisoner's boot, compared it with the foot-marks and found it to correspond exactly—that was about a quarter past three; about two hours from the time I first saw him—I did not know that he worked for Mr. Durrant—Mr. Durrant is here.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. DICKIE</hi>.
<hi rend="italic">Q.</hi> Are these the whole of the facts you have told us to day?
<hi rend="italic">A.</hi> Yes; I stated before the Magistrate that I saw the prisoner at 10 minutes past 1—it was light enough for me to distinguish any one I had known before—I am quite sure it was the same man I met on both occasions—it was not very dark; there were no gas lights just at hand—I had known him perfectly well before—I was very close to him when I passed him—I dare say I touched him—he did not say anything to me then—they were talking together—he tried to get away when I took him in custody—I compared the boots by making an impression about six inches from the other; they were exactly alike—there was a tip on the heel of the boot which showed very plain—I know the copper because there are some feathers on it; it stood in a washhouse—they keep fowls, but the fowl-house is about thirty or forty yards away.</p>
<hi rend="smallCaps">MR. BRIARLY</hi>.
<hi rend="italic">Q.</hi> What was the condition of the ground where the foot
<lb/>marks were?
<hi rend="italic">A.</hi> It was mould; garden ground—it made a firm impression—there were footmarks of three different persons.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-135" type="witnessName">
<interp inst="t18600709-name-135" type="gender" value="male"/>
<interp inst="t18600709-name-135" type="surname" value="DURRANT"/>
<interp inst="t18600709-name-135" type="given" value="WILLIAM"/>WILLIAM DURRANT.</persName> </hi> I reside at Hillingdon-house, Hillingdon, Uxbridge—I lost a copper on Sunday, 20th June—the prisoner has worked for me off and on for these four years, as a bricklayer's labourer—he has been all over the premises and in this washhouse—the last time he was at my place was about Christmas—this is my copper (
<hi rend="italic">produced</hi>)—I should suppose the value of it is about 2
<hi rend="italic">l</hi>.
<hi rend="smallCaps">
<rs id="t18600709-617-verdict-1" type="verdictDescription">
<interp inst="t18600709-617-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600709-617-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18600709-617-punishment-26" type="punishmentDescription">
<interp inst="t18600709-617-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t18600709-617-punishment-26" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-617-18600709 t18600709-617-punishment-26"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18600709-618">
<interp inst="t18600709-618" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-618" type="date" value="18600709"/>
<join result="criminalCharge" id="t18600709-618-charge-1" targOrder="Y" targets="def1-618-18600709 t18600709-618-offence-1 t18600709-618-verdict-1"/>
<persName id="def1-618-18600709" type="defendantName">
<interp inst="def1-618-18600709" type="gender" value="male"/>
<interp inst="def1-618-18600709" type="age" value="22"/>
<interp inst="def1-618-18600709" type="surname" value="ALLEN"/>
<interp inst="def1-618-18600709" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES ALLEN</hi> (22)</persName>
<rs id="t18600709-618-offence-1" type="offenceDescription">
<interp inst="t18600709-618-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600709-618-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing a watch and chain value 5
<hi rend="italic">l</hi>., the property of
<persName id="t18600709-name-137" type="victimName">
<interp inst="t18600709-name-137" type="gender" value="male"/>
<interp inst="t18600709-name-137" type="surname" value="MUGLISTON"/>
<interp inst="t18600709-name-137" type="given" value="GEORGE MARR"/>
<join result="offenceVictim" targOrder="Y" targets="t18600709-618-offence-1 t18600709-name-137"/>George Marr Mugliston</persName>, from his person.</rs> </p>
<hi rend="smallCaps">MR. PLATT</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18600709-name-138" type="witnessName">
<interp inst="t18600709-name-138" type="gender" value="male"/>
<interp inst="t18600709-name-138" type="surname" value="MUGLISTON"/>
<interp inst="t18600709-name-138" type="given" value="GEORGE MARR"/>GEORGE MARR MUGLISTON</persName> </hi>. I am a merchant's clerk living at 114, St.</p>
<xptr type="pageFacsimile" doc="186007090043"/>
<p>John's-street, Clerkenwell—on 4th July, about half-past 8, I was walking alone in West-street, Smithfield; there was a fire there and I stopped to look on—whilst there I felt my watch chain dragged—it was round my neck—I had seen my watch safe about 10 minutes before—it was attached to a chain by a small ring—upon turning round I saw the prisoner—I am quite certain he is the man; he had got the chain passed through his hand, and the watch appeared to drop from his hand—the wire of the ring was broken, but the watch had not come quite out, it was ready to drop out—I laid hold of him directly—a policeman came up and I gave him into custody—he was taken on the spot.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PATER</hi>.
<hi rend="italic">Q.</hi> Was there a great crowd there?
<hi rend="italic">A.</hi> Some twenty people; there were other persons near me, at my back.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-139" type="witnessName">
<interp inst="t18600709-name-139" type="gender" value="male"/>
<interp inst="t18600709-name-139" type="surname" value="THORNDIKE"/>
<interp inst="t18600709-name-139" type="given" value="JAMES"/>JAMES THORNDIKE</persName> </hi> (
<hi rend="italic">City-policeman</hi>, 286). On 4th July I was in West
<lb/>street—I saw the prisoner standing in front of the prosecutor; I am confident he is the man—after that I saw the guard in the prisoner's left hand—I saw the watch drop from the end of the chain and the prosecutor caught it—I laid hold of the prisoner directly, and held his left hand tight, so as to keep what was in it—I led him along to the station—at the station I let go his hand and I heard something drop on the ground—I looked at his feet and picked up this ring—he dropped it directly I let go his hand.</p>
<hi rend="italic">Cross-examined. Q.</hi> Did you search the prisoner at the station?
<hi rend="italic">A.</hi> I did; nothing was found on him but an old cotton handkerchief—I had hold of his hand all the time.</p>
<hi rend="italic">The prisoner's statement before the Magistrate was here read as follows</hi>:—"I was running to the fire last night; when I got there there was a great crowd being pushed about. I got aside of the gentleman; he turned round to me and said, ‘You have got hold of my guard.' I know nothing else; I am quite innocent of what I am charged with."</p>
<hi rend="smallCaps">
<rs id="t18600709-618-verdict-1" type="verdictDescription">
<interp inst="t18600709-618-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600709-618-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18600709-618-punishment-27" type="punishmentDescription">
<interp inst="t18600709-618-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t18600709-618-punishment-27" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-618-18600709 t18600709-618-punishment-27"/>Four Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18600709-619">
<interp inst="t18600709-619" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-619" type="date" value="18600709"/>
<join result="criminalCharge" id="t18600709-619-charge-1" targOrder="Y" targets="def1-619-18600709 t18600709-619-offence-1 t18600709-619-verdict-1"/>
<persName id="def1-619-18600709" type="defendantName">
<interp inst="def1-619-18600709" type="gender" value="female"/>
<interp inst="def1-619-18600709" type="age" value="23"/>
<interp inst="def1-619-18600709" type="surname" value="WILSON"/>
<interp inst="def1-619-18600709" type="given" value="SARAH"/>
<hi rend="largeCaps">SARAH WILSON</hi> (23)</persName>
<rs id="t18600709-619-offence-1" type="offenceDescription">
<interp inst="t18600709-619-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600709-619-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing a purse value 2
<hi rend="italic">s</hi>., and 3
<hi rend="italic">l</hi>., 15
<hi rend="italic">s</hi>., 3
<hi rend="italic">d</hi>. in money, the property of
<persName id="t18600709-name-141" type="victimName">
<interp inst="t18600709-name-141" type="gender" value="female"/>
<interp inst="t18600709-name-141" type="surname" value="VAIZEY"/>
<interp inst="t18600709-name-141" type="given" value="ANN"/>
<join result="offenceVictim" targOrder="Y" targets="t18600709-619-offence-1 t18600709-name-141"/>Ann Vaizey</persName>, from her person.</rs> </p>
<hi rend="smallCaps">MR. THOMPSON</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18600709-name-142" type="witnessName">
<interp inst="t18600709-name-142" type="gender" value="female"/>
<interp inst="t18600709-name-142" type="surname" value="VAIZEY"/>
<interp inst="t18600709-name-142" type="given" value="ANN"/>ANN VAIZEY</persName> </hi>. I am a widow, residing at 41, Fitzroy-square—on Monday, 18th June, I was in the City, and about half-past 11 I got into an omnibus at the Mansion-house to return to Regent-circus—it was quite empty when I got in—I seated myself at the upper end on the left hand side—I had occasion to take out my purse in Leadenhall-street; that might be about 5 minutes before I got into the omnibus, but not more—the prisoner was the next person that got in—she seated herself close by me. on the same seat—I had a paper that I was reading—a young man afterwards got into the omnibus; he seated himself close by the door—nothing occurred in the course of the journey which attracted my attention—the omnibus stopped first in Newgate-street, very near Newgate market—the prisoner got out—I immediately thought of my purse, looked for it and found it was gone—it had been in this side pocket—I got out of the omnibus as soon as I could get it stopped, and went along Wood-street in the direction I thought the prisoner had taken—I did not find her there—I returned, and in returning along Newgate market I saw her—I ran towards her—she immediately disappeared—when I came to the corner where I saw her go from, I inquired of a butcher which way she went, and he directed me—I next saw the prisoner in Fleet-lane, leading out of the Old Bailey, in custody—I said, "You have robbed me"—she said,
<hi rend="italic">"No"</hi>, I have not; what had you</p>
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<p>in your purse?"—I said, "3
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.," only meaning the gold, not the small change—she said, "I have a great deal more than that in my purse"—she took out her purse and said, "Is this your purse?"—I said, "No"—she was then taken into custody—I know that the purse had three sovereigns and one half sovereign in it—the silver was a half-crown and a sixpence, and either a threepenny or fourpenny piece—I will not say there was not more, but I can remember that there were those—when I was at Guildhall I did not feel quite sure about the half-crown, but after reflection I was then sure of that also.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. TINDAL ATKINSON</hi>.
<hi rend="italic">Q.</hi> At what part of Leadenhall-street did you take your purse out?
<hi rend="italic">A.</hi> In an office, just opposite the India House—I had it in the usual pocket outside the dress; merely a slit in the dress—it is deep—I could not say which side of the way I walked, but I walked along Leadenhall-street towards the Mansion-house—I did not see Mr. Alderman Mechi's shop with its attractive wares; I had no time to look at shops—I did not look at the jeweller's in Corahill—I was in a great hurry—I did not even glance at Savory's—I was so intent on my business that I made the best of my way—I do not remember experiencing the least difficulty in crossing the street—there are generally several omnibuses about where I got in—the prisoner had a bonnet on—I would not speak positively as to whether she had a fall over her face, but it is very likely—I saw her face very distinctly when she got out—it was after she got out of the omnibus that I looked at her—I do not know whether she had a fall on; but I believe that she had not one down—I do not know which it was that I had, a threepenny or fourpenny piece—I do not remember where I took the small piece of silver—I could not give the slightest inclination as to which it was—I had a doubt about the half-crown—since I have had time to reflect I have come to the conclusion that I had a half-crown—I did not count my money in Leadenhall-street—I looked at my purse there—I had it in my hand in an office; not in the street itself.</p>
<hi rend="smallCaps">
<persName id="t18600709-name-143" type="witnessName">
<interp inst="t18600709-name-143" type="gender" value="male"/>
<interp inst="t18600709-name-143" type="surname" value="BAKER"/>
<interp inst="t18600709-name-143" type="given" value="JOHN"/>JOHN BAKER</persName> </hi> (
<hi rend="italic">City-policeman</hi>, 255). I stopped the prisoner in Fleet-lane—she was running away as fast as she could, and a crowd of people after her—I brought her part of the way back, met the prosecutrix, and asked her what she had lost—she said that the prisoner had stolen her purse—the prisoner said, "Is this your purse?" she said, "No"—the prisoner asked how much her's had got in it—the lady said, "3
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>."—the prisoner replied, "Oh! there is a great deal more than that in my purse"—at the station-house the prisoner had got the purse in her hand—she was taking some silver out from the gold and putting it in another part of the purse—I took the purse from her, and asked her what she was changing the place of the money for—in the purse were three sovereigns, a half-sovereign, a half-crown, five sixpences, and a threepenny piece, and 1 1/2
<hi rend="italic">d</hi>. in copper in her pocket—three rings were on her finger.</p>
<hi rend="italic">Cross-examined. Q.</hi> When you saw her was there a mob after her?
<hi rend="italic">A.</hi> Yes; at the time she was separating the money she was in my presence at the station.
<hi rend="smallCaps">
<rs id="t18600709-619-verdict-1" type="verdictDescription">
<interp inst="t18600709-619-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18600709-619-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
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<persName id="def1-620-18600709" type="defendantName">
<interp inst="def1-620-18600709" type="gender" value="female"/>
<interp inst="def1-620-18600709" type="age" value="35"/>
<interp inst="def1-620-18600709" type="surname" value="DELPECK"/>
<interp inst="def1-620-18600709" type="given" value="JEAN AUGUSTE"/>
<hi rend="largeCaps">JEAN AUGUSTE DELPECK</hi> (35)</persName>
<rs id="t18600709-620-offence-1" type="offenceDescription">
<interp inst="t18600709-620-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18600709-620-offence-1" type="offenceSubcategory" value="assault"/>, Unlawfully assaulting
<persName id="t18600709-name-145" type="victimName">
<interp inst="t18600709-name-145" type="gender" value="female"/>
<interp inst="t18600709-name-145" type="surname" value="MIRTLE"/>
<interp inst="t18600709-name-145" type="given" value="JANE"/>
<join result="offenceVictim" targOrder="Y" targets="t18600709-620-offence-1 t18600709-name-145"/>Jane Mirtle</persName> with intent, &c.</rs> </p>
<hi rend="smallCaps">MR. THOMPSON</hi>
<hi rend="italic">conducted the Prosecution and</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<rs id="t18600709-620-verdict-1" type="verdictDescription">
<interp inst="t18600709-620-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18600709-620-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
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<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Friday, July 13th, 1860.</hi> </p>
<hi rend="largeCaps">PRESENT</hi>
<hi rend="smallCaps">MR. RECORDER</hi>, Mr. Ald.
<hi rend="smallCaps">ABBISS</hi>, and
<hi rend="smallCaps">MR. COMMON SEBJEANT</hi>.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
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<interp inst="t18600709-621" type="uri" value="sessionsPapers/18600709"/>
<interp inst="t18600709-621" type="date" value="18600709"/>
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<persName id="def1-621-18600709" type="defendantName">
<interp inst="def1-621-18600709" type="gender" value="male"/>
<interp inst="def1-621-18600709" type="age" value="50"/>
<interp inst="def1-621-18600709" type="surname" value="HORLER"/>
<interp inst="def1-621-18600709" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN HORLER</hi> (50)</persName>
<rs id="t18600709-621-offence-1" type="offenceDescription">
<interp inst="t18600709-621-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18600709-621-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously cutting and wounding
<persName id="t18600709-name-147" type="victimName">
<interp inst="t18600709-name-147" type="gender" value="male"/>
<interp inst="t18600709-name-147" type="surname" value="SEELEY"/>
<interp inst="t18600709-name-147" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18600709-621-offence-1 t18600709-name-147"/>William Seeley</persName>, with intent to do him some grievous bodily harm.</rs> </p>
<hi rend="smallCaps">MR. O'CONNELL</hi>
<hi rend="italic">for the prosecution stated, that he did not wish to press the charge of an intent to do grievous bodily harm.</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>
<hi rend="italic">for the prisoner stated that he would plead guilty to unlawfully wounding.</hi> </p>
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<interp inst="t18600709-621-verdict-1" type="verdictSubcategory" value="pleadedPartGuilty"/>
<hi rend="smallCaps">GUILTY</hi> of
<hi rend="italic">unlawfully wounding</hi> </rs>
<hi rend="italic">
<rs id="t18600709-621-punishment-28" type="punishmentDescription">
<interp inst="t18600709-621-punishment-28" type="punishmentCategory" value="imprison"/>
<interp inst="t18600709-621-punishment-28" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-621-18600709 t18600709-621-punishment-28"/>Confined Three Months</rs>.</hi> </p> </div1>
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<persName id="def1-622-18600709" type="defendantName">
<interp inst="def1-622-18600709" type="gender" value="male"/>
<interp inst="def1-622-18600709" type="age" value="26"/>
<interp inst="def1-622-18600709" type="surname" value="WRIGHT"/>
<interp inst="def1-622-18600709" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES WRIGHT</hi> (26)</persName>, and
<persName id="def2-622-18600709" type="defendantName">
<interp inst="def2-622-18600709" type="gender" value="male"/>
<interp inst="def2-622-18600709" type="age" value="23"/>
<interp inst="def2-622-18600709" type="surname" value="MURPHY"/>
<interp inst="def2-622-18600709" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS MURPHY</hi> (23)</persName>
<rs id="t18600709-622-offence-1" type="offenceDescription">
<interp inst="t18600709-622-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600709-622-offence-1" type="offenceSubcategory" value="burglary"/>, Burglariously breaking and entering the dwelling-house of
<persName id="t18600709-name-150" type="victimName">
<interp inst="t18600709-name-150" type="gender" value="male"/>
<interp inst="t18600709-name-150" type="surname" value="METCALFE"/>
<interp inst="t18600709-name-150" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18600709-622-offence-1 t18600709-name-150"/>William Metcalfe</persName>, and stealing therein 1 pair of trousers, value 5
<hi rend="italic">s</hi>., and 1 apron, value 1
<hi rend="italic">s</hi>., his property.</rs> </p>
<hi rend="smallCaps">MR. HORRY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18600709-name-151" type="witnessName">