<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<div1 type="frontMatter" id="f18600917">
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<interp inst="f18600917" type="date" value="18600917"/>
<p>Sessions Paper.</p>
<p>Short hand writer to the court,</p>
<p>I am Publishers to the Queen’s Most Excellent Majesty.</p>
<xptr type="pageFacsimile" doc="186009170002"/>
<hi rend="italic">On the Queen's Commission of the Peace</hi>,</p>
<p>The city of London,</p>
<p>OF THE</p>
<hi rend="italic">Held on Monday, September 17th, 1860, and following days.</hi> </p>
<hi rend="smallCaps">BEFORE</hi> Sir John Bernald Byles, Knt. one of the Justices of Her Majesty's Court of Common Pleas; Sir Colin Blackburn, Knt. one of the Justices of Her Majesty's Court of Queen's Bench;
<persName id="t18600917-name-1" type="judiciaryName">
<interp inst="t18600917-name-1" type="gender" value="male"/>
<interp inst="t18600917-name-1" type="surname" value="COPELAND"/>
<interp inst="t18600917-name-1" type="given" value="WILLIAM TAYLOR"/>William Taylor Copeland</persName>, Esq. M.P.;
<persName id="t18600917-name-2" type="judiciaryName">
<interp inst="t18600917-name-2" type="gender" value="male"/>
<interp inst="t18600917-name-2" type="surname" value="DUKE"/>
<interp inst="t18600917-name-2" type="given" value="JAMES"/>Sir James Duke</persName>, Bart. M.P.; Sir Francis Graham Moon, Bart. F.S.A.; Sir Robert Walter Carden, Knt. M.P.; William Cubitt, Esq. M.P.;
<persName id="t18600917-name-3" type="judiciaryName">
<interp inst="t18600917-name-3" type="gender" value="male"/>
<interp inst="t18600917-name-3" type="surname" value="LAURENCE"/>
<interp inst="t18600917-name-3" type="given" value="WILLIAM"/>William Laurence</persName>, Esq. Edward Conder, Esq. and
<persName id="t18600917-name-4" type="judiciaryName">
<interp inst="t18600917-name-4" type="gender" value="male"/>
<interp inst="t18600917-name-4" type="surname" value="ABBISS"/>
<interp inst="t18600917-name-4" type="given" value="JAMES"/>James Abbiss</persName>, Esq.; Aldermen of the City of London;
<persName id="t18600917-name-5" type="judiciaryName">
<interp inst="t18600917-name-5" type="gender" value="male"/>
<interp inst="t18600917-name-5" type="surname" value="CHAMBERS"/>
<interp inst="t18600917-name-5" type="given" value="THOMAS"/>Thomas Chambers</persName>, 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">
<persName id="t18600917-name-6" type="judiciaryName">
<interp inst="t18600917-name-6" type="gender" value="male"/>
<interp inst="t18600917-name-6" type="surname" value="PHILLIPS"/>
<interp inst="t18600917-name-6" type="given" value="BENJAMIN SAMUEL"/>BENJAMIN SAMUEL PHILLIPS</persName> </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 CAMMON</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. SIXTH 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, September</hi> 17
<hi rend="italic">th</hi>, 1860.</p>
<hi rend="largeCaps">PRESENT</hi>—Sir
<hi rend="smallCaps">JAMES DUKE</hi>, Bert. M.P. Ald.; Sir
<hi rend="smallCaps">FRANCIS GRAHAM MOON</hi>, Bart. Ald.; Sir
<hi rend="smallCaps">ROBERT WALTER CARDEN</hi>, Knt. Ald.; Mr. Ald.
<hi rend="smallCaps">CONDER</hi>; and Mr.
<hi rend="smallCaps">COMMON SERJEANT</hi>.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
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<persName id="def1-735-18600917" type="defendantName">
<interp inst="def1-735-18600917" type="gender" value="male"/>
<interp inst="def1-735-18600917" type="age" value="19"/>
<interp inst="def1-735-18600917" type="surname" value="BRIEN"/>
<interp inst="def1-735-18600917" type="given" value="DENNIS"/>
<hi rend="largeCaps">DENNIS BRIEN</hi> (19)</persName>
<rs id="t18600917-735-offence-1" type="offenceDescription">
<interp inst="t18600917-735-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18600917-735-offence-1" type="offenceSubcategory" value="pervertingJustice"/>, Unlawfully assaulting
<persName id="t18600917-name-8" type="victimName">
<interp inst="t18600917-name-8" type="gender" value="male"/>
<interp inst="t18600917-name-8" type="surname" value="SHEAD"/>
<interp inst="t18600917-name-8" type="given" value="FREDERICK"/>
<interp inst="t18600917-name-8" type="occupation" value="police-constable"/>
<join result="offenceVictim" targOrder="Y" targets="t18600917-735-offence-1 t18600917-name-8"/>Frederick Shead</persName> and
<persName id="t18600917-name-9" type="victimName">
<interp inst="t18600917-name-9" type="gender" value="male"/>
<interp inst="t18600917-name-9" type="surname" value="BANHAM"/>
<interp inst="t18600917-name-9" type="given" value="FREDERICK"/>
<interp inst="t18600917-name-9" type="occupation" value="police-constable"/>
<join result="offenceVictim" targOrder="Y" targets="t18600917-735-offence-1 t18600917-name-9"/>Frederick Banham</persName>, police-constable, in the execution of their duty.</rs> </p>
<hi rend="smallCaps">MR. SLEIGH</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18600917-name-10" type="witnessName">
<interp inst="t18600917-name-10" type="gender" value="male"/>
<interp inst="t18600917-name-10" type="surname" value="SHEAD"/>
<interp inst="t18600917-name-10" type="given" value="FREDERICK"/>FREDERICK SHEAD</persName> </hi> (
<hi rend="italic">City-policeman</hi>, 425). On the afternoon of 28th August, I was on duty in Cheapside—I ovserved a crowd collected near Sir Robert Peel's statue, and went to see what was the matter—I found the prisoner and a carman fighting—the carman was on his back on the ground; the prisoner was standing about three or four yards from him in a fighting attitude—I went up to him and said, "You must go out of this we can have no bother here"—her answered me with a volley of abuse, and asked what the h—I I wanted with him, why not unterfere with the other man—he went to rush past me to the carman; I caught hold of him by the coat and told him he must go away—he said, "I have had twelve months for very nearly killing a policeman; you had better let go your hold"—I then let go of him and tried to persuade him to go away—he said, "You must be a much stronger man than me to keep me away from him"—I then caught hold of him again to hinder him from going—he then knocked my hat off with his hand, seized me round the neck with his arm and commenced kick
<lb/>ing me about the legs—he kicked me once in the groin—he then put his leg between mine and tried to throw me—he continued to assault me till the arrival of Banham, another constable—he caught hold of him by the arm and persuaded him to come, but he still kept on kicking us both very violently—sometimes he walked and sometimes we had to drag him—when we got to the top of Bread-street he threw himself down in his back on the ground and continued to kick at us very violently—he said if he had a knife he would stick it into us; he would die for a policeman—in Cannon-street he threw himself down on his back again and kicked very violently—we did at last with the assistance of three or four others, succeed in getting</p>
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<p>him to the station—at the police-station he went on his knees in the dock, clasped his hands in an attitude of prayer, and said he hoped God would strike him blind if he could not beat the two best men in the city police force—he had been drinking a little; he was not drunk—the kicks pro
<lb/>duced, marks; the kick in the thigh I feel up to this time.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Had he a barrow or truck of greengages there?
<hi rend="italic">A.</hi> I believe so; there were some vans stopping there—I did not at that time know whether the carman with whom he was quarrelling belonged to one of those vans—they were not fighting when I came up; the carman was on his back, I suppose the prisoner had knocked him down—the prisoner did not request me to take the carman as well—he did not complain to me, or in my hearing, that the carman had run against his truck and that his horse had eaten any of his greengages, and that then the carman had assaulted him—I believe I had seen him a few times before—I had not frequently ordered him to move on, or taunted him at all; he was not a regular visitor on my beat—he appeared to be very much excited.</p>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Had you ever said a word to him before?
<hi rend="italic">A.</hi> I never spoke to him before—I saw nothing of the carman afterwards.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-11" type="witnessName">
<interp inst="t18600917-name-11" type="gender" value="male"/>
<interp inst="t18600917-name-11" type="surname" value="BANHAM"/>
<interp inst="t18600917-name-11" type="given" value="FREDERICK"/>FREDERICK BANHAM</persName> </hi> (
<hi rend="italic">City-policeman</hi>, 431). I came to the assistance of Shead, on the afternoon of 28th August, in Cheapside—I saw the prisoner struggling with Shead; he had his arm round Shead's neck, and was kicking him violently—I took hold of his arm and requested him to desist and go quietly—he refused to do so; turned round and, using the worst of language, he began kicking me and Shead—I continued with Shead until the prisoner was conveyed to the station—he continued to struggle and resist all the way to the station—he kicked me several times; my shin was broken and the blood cozed through my stocking—I feel the effects now.</p>
<hi rend="italic">Cross-examined. Q.</hi> What became of the carman?
<hi rend="italic">A.</hi> He was gone when I arrived—I did not see him, or the van, or the greengages—I did not herar the prisoner say anything about taking the carman.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-12" type="witnessName">
<interp inst="t18600917-name-12" type="gender" value="male"/>
<interp inst="t18600917-name-12" type="surname" value="DUNSTAN"/>
<interp inst="t18600917-name-12" type="given" value="JAMES"/>JAMES DUNSTAN</persName> </hi>. I am in the employment of Messrs. Caldecott of Cheapside—about twenty minutes past 12, as I was going out to dinner, I saw the prisoner and a carman quarrelling—the prisoner came up to the carman in an attitude to strike him and the carman struck him as in self-defence—they struggled and fell—they got up to resume the fight—the constable came up and wanted the prisoner to go away; he refused several times—the constable said if he did not he should have to lock him up; he again refused—he several times requested him to go away quietly, and pushed him away from fighting—the carman went away; he had been delivering bales at our house—the prisoner resisted being taken very much—it took several policeman to convey him to the station—I saw him kicking very violently all the way they were going—there was a great crowd.</p>
<hi rend="italic">Cross-examined. Q.</hi> What did the quarrel commence about?
<hi rend="italic">A.</hi> I do not know; I was not there at the commencement—I saw a barrow there, but did not see what it contained—the carman's van was very close to the barrow—I did not hear the prisoner complain that the carman had driven on his barrow—the carman struck the prisoner first.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-13" type="witnessName">
<interp inst="t18600917-name-13" type="gender" value="male"/>
<interp inst="t18600917-name-13" type="surname" value="DRAY"/>
<interp inst="t18600917-name-13" type="given" value="GEORGE"/>GEORGE DRAY</persName> </hi>. I am a commercial traveller—I saw the prisoner with the two policeman—I was passing by at the time he was resisting and struggling—I heard him tell the policemen that he had settled one police
<lb/>man and had twelve months for it, and he would have served him the same if it had not been for his mates—I saw the policman's leg at the station</p>
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<p>it was much wounded and bruised—I did not see the commencement of the matter.</p>
<hi rend="italic">Witnessess for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18600917-name-14" type="witnessName">
<interp inst="t18600917-name-14" type="gender" value="male"/>
<interp inst="t18600917-name-14" type="surname" value="BRIEN"/>
<interp inst="t18600917-name-14" type="given" value="JOHN"/>JOHN BRIEN</persName> </hi>. I am the prisoner's brother—about 12 o'clock on 28th of last month, I was in Cheapside with a barrow of greengages—I saw a crowd collected and a young man came and told me my brother was in trouble over the way, fighting with a carman—I ran across the road and saw my brother with the two constables; the carman was standing by; the mob was crying out "Shame! why not take the carman as well? he was the aggressor"—the constable said, "You must come with me"—another constable ran across and said, "Oh, we know him; he has had twelve months before for assaulting one of our fellows"—the prisoner said, "I will go quietly if you will go back and take the carman"—Shead said he would not—the prisoner said, "I will go till you take the carman"—he was bleeding from the nose and mouth, and was crying—the mob was crying out, "Shame"—he used no violence at all while I was there, he only laid down on the ground waiting for the carman to be taken—he said the horse had been devouring his greengages.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Did you accompany your brother to the station?
<hi rend="italic">A.</hi> Yes—he went quietly down Bread-street, but two more constables came up as I was wiping his face; one of them collared me and tole me to go away—my brother did not attempt to strike or kick any one in Bread-street—he resisted in Cheapside because they would not take the carman—he did not commit any violence, only threw himself down—I did not see the beginning of the matter; I came up when the constable had hold of my brother—the carman had gone—my brother did not make use of any strong language towards the police—he did not say he had had twelve months for nearly killing a policeman—he did not kick either of the police
<lb/>men in my presence—the policemen pulled him along, tore his waiscoat off and handkerchief from his neck.</p>
<hi rend="smallCaps">
<rs id="t18600917-735-verdict-1" type="verdictDescription">
<interp inst="t18600917-735-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600917-735-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.**—
<hi rend="italic">
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<join result="defendantPunishment" targOrder="Y" targets="def1-735-18600917 t18600917-735-punishment-1"/>Confined Twelve Months</rs>.</hi> </p> </div1>
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<interp inst="def1-736-18600917" type="surname" value="WILLIAMSON"/>
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<hi rend="largeCaps">THOMAS WILLIAMSON</hi> (16)</persName>
<rs id="t18600917-736-offence-1" type="offenceDescription">
<interp inst="t18600917-736-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600917-736-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing 1 bag, 1 cap, 1 key, and 10
<hi rend="italic">s</hi>. in money; the property of
<persName id="t18600917-name-16" type="victimName">
<interp inst="t18600917-name-16" type="gender" value="male"/>
<interp inst="t18600917-name-16" type="surname" value="LANCASTER"/>
<interp inst="t18600917-name-16" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18600917-736-offence-1 t18600917-name-16"/>William Lancaster</persName>, from the person of
<persName id="t18600917-name-17" type="victimName">
<interp inst="t18600917-name-17" type="gender" value="female"/>
<interp inst="t18600917-name-17" type="surname" value="LANCASTER"/>
<interp inst="t18600917-name-17" type="given" value="ELIZABETH"/>
<join result="offenceVictim" targOrder="Y" targets="t18600917-736-offence-1 t18600917-name-17"/>Elizabeth Lancaster</persName>.</rs> </p>
<hi rend="smallCaps">MR. DICKIE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18600917-name-18" type="witnessName">
<interp inst="t18600917-name-18" type="gender" value="male"/>
<interp inst="t18600917-name-18" type="surname" value="BAKER"/>
<interp inst="t18600917-name-18" type="given" value="CHARLES"/>CHARLES BAKER</persName> </hi> (
<hi rend="italic">City-policeman</hi>, 635). On 6th September, about twenty minutes to 5 in the afternoon, I was coming from Petticoat-lane to Whitefross-street, and saw the prisoner coming from Bishopsgate-street with something rather bulky in his breast—I crossed over towards him—he sprung forward, shoved me on one side and passed me—I ran after him calling, "Stop thief!" through two streets, and at the corner of Artillery-lane I saw him drop this reticule (
<hi rend="italic">produced</hi>)—I picked it up and followed him into Gun-street when two men tried to stop him—he turned round and faced me and I took him—as we want to the station there was a lady and gentleman; the gentleman said, "Here he is now;" I believe the prisoner heard that, he was close by—they came to the station and charged him.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-19" type="witnessName">
<interp inst="t18600917-name-19" type="gender" value="male"/>
<interp inst="t18600917-name-19" type="surname" value="TOWNSEND"/>
<interp inst="t18600917-name-19" type="given" value="HENRY NORMAN"/>HENRY NORMAN TOWNSEND</persName> </hi>. I am an accountant, and live in Fenchurch-building—on 6th September, about a quarter to 5 o'clock, I was going home towards Dalston and saw the prisoner make a snatch at something which a lady had, and run up a court—I spoke to the lady and accom
<lb/>panied her towards the station and we saw the prisoner in custody of a policeman—I have not the slightest double of him.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-20" type="witnessName">
<interp inst="t18600917-name-20" type="gender" value="female"/>
<interp inst="t18600917-name-20" type="surname" value="LANCASTER"/>
<interp inst="t18600917-name-20" type="given" value="ELIZABETH"/>ELIZABETH LANCASTER</persName> </hi>. I am the wife of William Lancaster, a butler of</p>
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<p>Draper's-hill—on 6th September, about 5 in the afternoon, I was in Bishopsgate-street, and the prisoner made a snatch at my bag and ran up a court with it—my brooch dropped with the snatch—Townsend spoke to me and I afterwards saw the prisoner between two policeman—I am sure he is the man—he owned it at the station—this is my bag, it had in it 10
<hi rend="italic">s</hi>., a brooch, a cap, a handkerchief, and a purse; they were all in it when I recovered it.</p>
<hi rend="italic">Prisoner. Q.</hi> You say that I said I owned to taking it out of your hand, at the station-house?
<hi rend="italic">Witness. A.</hi> Yes; I said that when my brooch dropped I thought I had lost my watch, and you said, "I did not take your brooch."</p>
<hi rend="italic">Prisoner.</hi> I made no such statemen; I said I was not guilty of taking the reticule, but owned to having it in my possession.
<hi rend="italic">Witness.</hi> You did not say that, or anything like it.</p>
<hi rend="italic">Prisoner's Defence.</hi> There was a man running before me who thought I was running after him; he took something out of his bosom and threw it away; I picked it up. When the policeman came to me I thought it was stolen and tried to get away.</p>
<hi rend="smallCaps">
<rs id="t18600917-736-verdict-1" type="verdictDescription">
<interp inst="t18600917-736-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600917-736-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18600917-736-punishment-2" type="punishmentDescription">
<interp inst="t18600917-736-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18600917-736-punishment-2" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-736-18600917 t18600917-736-punishment-2"/>Confined Six Months</rs>.</hi> </p> </div1>
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<interp inst="def1-737-18600917" type="gender" value="male"/>
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<hi rend="largeCaps">GEORGE CREED</hi> (28)</persName>
<rs id="t18600917-737-offence-1" type="offenceDescription">
<interp inst="t18600917-737-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600917-737-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 1 coat, value 5
<hi rend="italic">s</hi>. 1 purse, and 1
<hi rend="italic">l</hi>. in money, the property of
<persName id="t18600917-name-22" type="victimName">
<interp inst="t18600917-name-22" type="gender" value="male"/>
<interp inst="t18600917-name-22" type="surname" value="CAMPBELL"/>
<interp inst="t18600917-name-22" type="given" value="CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t18600917-737-offence-1 t18600917-name-22"/>Charles Campbell</persName>.</rs> </p>
<hi rend="smallCaps">
<persName id="t18600917-name-23" type="witnessName">
<interp inst="t18600917-name-23" type="gender" value="male"/>
<interp inst="t18600917-name-23" type="surname" value="CAMPBELL"/>
<interp inst="t18600917-name-23" type="given" value="CHARLES"/>CHARLES CAMPBELL</persName> </hi>. I am a waiter at the Shades Stam Packet Hotel, Lower Thames-street—on 10th September the prisoner walked into the coffee-rooml there was no one there—he said, "I expect to meet a gentle
<lb/>man, I think I am a little before my time"—I asked him to sit down, and left the room for about two minutes to attend to a party outside, and when I returned the prisoner had gone and I missed my coat from behind the prisoner running in the middle of the road with my coat on his arm—I followed him as quickly as I could into Monument-yard and saw him picking up some halfpence which had falled out of the coat pocket—an officer came up on the other side and secured him—I had in my coat a purse with two half-sovereigns and a postage stamp—I have never seen them since.</p>
<hi rend="italic">Prisoner. Q.</hi> Have you never seen me call there before and take refreshment?
<hi rend="italic">A.</hi> Never—I did not notice you there on Saturday—you were not in the habit of hanging your coat there close by the door—I have never had a gentleman's coat hand there, for there is only one peg.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-24" type="witnessName">
<interp inst="t18600917-name-24" type="gender" value="male"/>
<interp inst="t18600917-name-24" type="surname" value="RUSSELL"/>
<interp inst="t18600917-name-24" type="given" value="GEORGE"/>GEORGE RUSSELL</persName> </hi>. I am a detective officer—I saw Campbell running after the prisoner who had the coat on his arm—some halfpence were falling out of it and I have no doubt that the purse fell out—I took him.</p>
<hi rend="italic">Prisoner's Defence.</hi> I occasionally went to the house to have refresh
<lb/>man and had been in the habit of leaving my coat there by the door, close by the peg where the plaintiff's coat hung. I was waiting for a friend; I waited as long as I could, and finding he did not come I went out, and being in the habit of hanging my coat there and not thinking what I was doing, I took the coat and did not know it was not mine till some money dropped form it.</p>
<hi rend="smallCaps">
<rs id="t18600917-737-verdict-1" type="verdictDescription">
<interp inst="t18600917-737-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600917-737-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18600917-737-punishment-3" type="punishmentDescription">
<interp inst="t18600917-737-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18600917-737-punishment-3" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-737-18600917 t18600917-737-punishment-3"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18600917-738">
<interp inst="t18600917-738" type="uri" value="sessionsPapers/18600917"/>
<interp inst="t18600917-738" type="date" value="18600917"/>
<join result="criminalCharge" id="t18600917-738-charge-1" targOrder="Y" targets="def1-738-18600917 t18600917-738-offence-1 t18600917-738-verdict-1"/>
<persName id="def1-738-18600917" type="defendantName">
<interp inst="def1-738-18600917" type="gender" value="male"/>
<interp inst="def1-738-18600917" type="age" value="19"/>
<interp inst="def1-738-18600917" type="surname" value="JONES"/>
<interp inst="def1-738-18600917" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM JONES</hi> (19)</persName>
<rs id="t18600917-738-offence-1" type="offenceDescription">
<interp inst="t18600917-738-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600917-738-offence-1" type="offenceSubcategory" value="housebreaking"/>, Breaking and entering the dwelling-house of
<persName id="t18600917-name-26" type="victimName">
<interp inst="t18600917-name-26" type="gender" value="male"/>
<interp inst="t18600917-name-26" type="surname" value="WHITE"/>
<interp inst="t18600917-name-26" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18600917-738-offence-1 t18600917-name-26"/>William White</persName>, and stealing a pair of trousers and a handkerchief, his property.</rs> </p>
<hi rend="smallCaps">MR. RAWDON</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<xptr type="pageFacsimile" doc="186009170007"/>
<hi rend="smallCaps">
<persName id="t18600917-name-27" type="witnessName">
<interp inst="t18600917-name-27" type="gender" value="female"/>
<interp inst="t18600917-name-27" type="surname" value="WHITE"/>
<interp inst="t18600917-name-27" type="given" value="JANE"/>JANE WHITE</persName> </hi>. I am the wife of William White, a moulder to a brick
<lb/>maker—we like at Northalt, near Uxbridge—on Monday afternoon last, about 3 o'clock, I was going with my husband's tea into the brick-field, and met the prisoner going towards my house—I saw him put his hand in the water-spout to see if the key was there—it was not there, and then he tried to force the door open—he could not—he then took up a brick and smashed in the window and frame, and got in—I went up, and saw him coming out at my bed-room-window with a pair of trousers, a waistcoat, a shirt, and a handkerchief, belonging to my husband—I told him they did not belong to him, and to put them down—he took up a shovel and swore he would murder me me if I did not let him came out—he knocked me down with the shovel and cut me on my head—I had my baby in my arms at the time and he stunned the child with his fist, and made his way off—when I came to myself, I ran after him as fast as I could, hallooing, "Stop thief!"—some friends caught him, and the things were taken from him.</p>
<hi rend="italic">Prisoner. Q.</hi> Have I not been at work for your husband in the brick-field?
<hi rend="italic">A.</hi> Yes; and we found you in lodging—you had clothes of your own in the house—you left work that day because my husband would not let you have any beer—there was no quarrel between you and my husband—your things were kept in your own room—I have not left you in charge of my house several times—I left the
<hi rend="italic">pud</hi> boy in charge, who has been with us three years—when you took off your Sunday clothes, you left them in the room—I could see you when you entered the house, and you might have been me—the cottage only stands a little distance from the brick-field—you were not drunk—I did not see that you were the worse for drink—you have been in the habit of getting tipsy—I never had any quarrel with you—you left your clothes with me the first Sundays you came to my place—I did not refuse to give them up to you because you owed me money—I did not object to your having them but my husband let you—that is ten weeks ago.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-28" type="witnessName">
<interp inst="t18600917-name-28" type="gender" value="male"/>
<interp inst="t18600917-name-28" type="surname" value="BRAWDEN"/>
<interp inst="t18600917-name-28" type="given" value="GEORGE"/>GEORGE BRAWDEN</persName> </hi> (
<hi rend="italic">Policeman, T</hi> 201). I was called to take the prisoner in charge—the prosecutrix was very much injured, and covered with blood from the blow she had received—these things were given to me by Mr. and Mrs. White—he said he was very sorry, and hoped Mrs. White would forgive him—I told him he was charged with breaking into the house, and assault
<lb/>ing the women, and stealing the clothes—he was sober.</p>
<hi rend="smallCaps">MRS. WHITE</hi> (
<hi rend="italic">re-examined</hi>). I gave the things to the policeman—I saw them take from the prisoner by a young man named Wellman—they are my husband's clothes.</p>
<hi rend="italic">The prisoner put in a written defence, stating that being intoxicated he took the prosecutor's clothes in mistake for his own.</hi>)</p>
<hi rend="smallCaps">
<rs id="t18600917-738-verdict-1" type="verdictDescription">
<interp inst="t18600917-738-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18600917-738-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, September</hi> 17
<hi rend="italic">th</hi>, 1860</p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Ald.
<hi rend="smallCaps">CUBITT</hi>, M.P., Mr. Ald.
<hi rend="smallCaps">LAWRENCE</hi>, and
<hi rend="smallCaps">ROBERT MALCOLM KERR, ESQ</hi>.</p>
<hi rend="italic">Before Robert Malcolm Kerr, Esq.</hi> </p>
<div1 type="trialAccount" id="t18600917-739">
<interp inst="t18600917-739" type="uri" value="sessionsPapers/18600917"/>
<interp inst="t18600917-739" type="date" value="18600917"/>
<join result="criminalCharge" id="t18600917-739-charge-1" targOrder="Y" targets="def1-739-18600917 t18600917-739-offence-1 t18600917-739-verdict-1"/>
<persName id="def1-739-18600917" type="defendantName">
<interp inst="def1-739-18600917" type="gender" value="male"/>
<interp inst="def1-739-18600917" type="age" value="26"/>
<interp inst="def1-739-18600917" type="surname" value="BATTEN"/>
<interp inst="def1-739-18600917" type="given" value="ROBERT"/>
<hi rend="largeCaps">ROBERT BATTEN</hi> (26)</persName>
<rs id="t18600917-739-offence-1" type="offenceDescription">
<interp inst="t18600917-739-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600917-739-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, Stealing 1 order for the payment of 1
<hi rend="italic">l</hi>. 0
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>., 1 order for the payment of 12
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>., 1 order for the payment of 14
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., and 33
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>. in money, the property of
<persName id="t18600917-name-30" type="victimName">
<interp inst="t18600917-name-30" type="gender" value="male"/>
<interp inst="t18600917-name-30" type="surname" value="WEATHERBY"/>
<interp inst="t18600917-name-30" type="given" value="EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18600917-739-offence-1 t18600917-name-30"/>Edward Weatherby</persName>, his master, to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18600917-739-verdict-1" type="verdictDescription">
<interp inst="t18600917-739-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600917-739-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18600917-739-punishment-4" type="punishmentDescription">
<interp inst="t18600917-739-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18600917-739-punishment-4" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-739-18600917 t18600917-739-punishment-4"/>Confined Eighteen Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18600917-740">
<interp inst="t18600917-740" type="uri" value="sessionsPapers/18600917"/>
<interp inst="t18600917-740" type="date" value="18600917"/>
<join result="criminalCharge" id="t18600917-740-charge-1" targOrder="Y" targets="def1-740-18600917 t18600917-740-offence-1 t18600917-740-verdict-1"/>
<xptr type="pageFacsimile" doc="186009170008"/>
<persName id="def1-740-18600917" type="defendantName">
<interp inst="def1-740-18600917" type="gender" value="male"/>
<interp inst="def1-740-18600917" type="age" value="33"/>
<interp inst="def1-740-18600917" type="surname" value="MATE"/>
<interp inst="def1-740-18600917" type="given" value="STEPHEN ILES"/>
<hi rend="largeCaps">STEPHEN ILES MATE</hi> (33)</persName>
<rs id="t18600917-740-offence-1" type="offenceDescription">
<interp inst="t18600917-740-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600917-740-offence-1" type="offenceSubcategory" value="embezzlement"/>, Embezzling the sums of 30
<hi rend="italic">l</hi>., 4
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>., and 13
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>.;
<hi rend="italic">also</hi> 6
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>., 6
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>., and 20
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., the property of
<persName id="t18600917-name-32" type="victimName">
<interp inst="t18600917-name-32" type="gender" value="male"/>
<interp inst="t18600917-name-32" type="surname" value="MORGAN"/>
<interp inst="t18600917-name-32" type="given" value="ROBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t18600917-740-offence-1 t18600917-name-32"/>Robert Morgan</persName> and another, his masters, to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18600917-740-verdict-1" type="verdictDescription">
<interp inst="t18600917-740-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600917-740-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18600917-740-punishment-5" type="punishmentDescription">
<interp inst="t18600917-740-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18600917-740-punishment-5" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-740-18600917 t18600917-740-punishment-5"/>Four Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18600917-741">
<interp inst="t18600917-741" type="uri" value="sessionsPapers/18600917"/>
<interp inst="t18600917-741" type="date" value="18600917"/>
<join result="criminalCharge" id="t18600917-741-charge-1" targOrder="Y" targets="def1-741-18600917 t18600917-741-offence-1 t18600917-741-verdict-1"/>
<persName id="def1-741-18600917" type="defendantName">
<interp inst="def1-741-18600917" type="gender" value="male"/>
<interp inst="def1-741-18600917" type="age" value="14"/>
<interp inst="def1-741-18600917" type="surname" value="O'CONNELL"/>
<interp inst="def1-741-18600917" type="given" value="JAMES DANIEL"/>
<hi rend="largeCaps">JAMES DANIEL O'CONNELL</hi> (14)</persName>
<rs id="t18600917-741-offence-1" type="offenceDescription">
<interp inst="t18600917-741-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600917-741-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, Stealing 1 bank note 100
<hi rend="italic">l</hi>., and 2 bank notes 50
<hi rend="italic">l</hi>. each, the property of
<persName id="t18600917-name-34" type="victimName">
<interp inst="t18600917-name-34" type="gender" value="male"/>
<interp inst="t18600917-name-34" type="surname" value="RISDALE"/>
<interp inst="t18600917-name-34" type="given" value="FRANCIS JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18600917-741-offence-1 t18600917-name-34"/>Francis John Ridsdale</persName> and another, his masters, to which he</rs> </p>
<rs id="t18600917-741-verdict-1" type="verdictDescription">
<interp inst="t18600917-741-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600917-741-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>
<hi rend="smallCaps">PLEADED GUILTY</hi>.—
<hi rend="italic">Recommended to mercy.</hi> </rs>
<hi rend="italic">
<rs id="t18600917-741-punishment-6" type="punishmentDescription">
<interp inst="t18600917-741-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18600917-741-punishment-6" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-741-18600917 t18600917-741-punishment-6"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18600917-742">
<interp inst="t18600917-742" type="uri" value="sessionsPapers/18600917"/>
<interp inst="t18600917-742" type="date" value="18600917"/>
<join result="criminalCharge" id="t18600917-742-charge-1" targOrder="Y" targets="def1-742-18600917 t18600917-742-offence-1 t18600917-742-verdict-1"/>
<persName id="def1-742-18600917" type="defendantName">
<interp inst="def1-742-18600917" type="gender" value="male"/>
<interp inst="def1-742-18600917" type="age" value="35"/>
<interp inst="def1-742-18600917" type="surname" value="WILLOUGHBY"/>
<interp inst="def1-742-18600917" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM WILLOUGHBY</hi> (35)</persName>
<rs id="t18600917-742-offence-1" type="offenceDescription">
<interp inst="t18600917-742-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600917-742-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 24lbs. of metal type, value 2
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>., the property of
<persName id="t18600917-name-36" type="victimName">
<interp inst="t18600917-name-36" type="gender" value="male"/>
<interp inst="t18600917-name-36" type="surname" value="KINDER"/>
<interp inst="t18600917-name-36" type="given" value="RICHARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18600917-742-offence-1 t18600917-name-36"/>Richard Kinder</persName> and another, his masters, to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18600917-742-verdict-1" type="verdictDescription">
<interp inst="t18600917-742-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600917-742-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18600917-742-punishment-7" type="punishmentDescription">
<interp inst="t18600917-742-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18600917-742-punishment-7" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-742-18600917 t18600917-742-punishment-7"/>Confined Eighteen Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18600917-743">
<interp inst="t18600917-743" type="uri" value="sessionsPapers/18600917"/>
<interp inst="t18600917-743" type="date" value="18600917"/>
<join result="criminalCharge" id="t18600917-743-charge-1" targOrder="Y" targets="def1-743-18600917 t18600917-743-offence-1 t18600917-743-verdict-1"/>
<persName id="def1-743-18600917" type="defendantName">
<interp inst="def1-743-18600917" type="gender" value="female"/>
<interp inst="def1-743-18600917" type="age" value="23"/>
<interp inst="def1-743-18600917" type="surname" value="MCCALLAGHAN"/>
<interp inst="def1-743-18600917" type="given" value="MARY"/>
<hi rend="largeCaps">MARY MCCALLAGHAN</hi> (23)</persName>
<rs id="t18600917-743-offence-1" type="offenceDescription">
<interp inst="t18600917-743-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600917-743-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, Stealing 1 ring, value 10
<hi rend="italic">s</hi>., 1 sheet value 3
<hi rend="italic">s</hi>., and 1
<hi rend="italic">l</hi>., in money, the property of
<persName id="t18600917-name-38" type="victimName">
<interp inst="t18600917-name-38" type="gender" value="male"/>
<interp inst="t18600917-name-38" type="surname" value="MANN"/>
<interp inst="t18600917-name-38" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18600917-743-offence-1 t18600917-name-38"/>William Mann</persName>, her master.</rs> </p>
<hi rend="smallCaps">MR. DICKIE</hi>
<hi rend="italic">conducted the prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18600917-name-39" type="witnessName">
<interp inst="t18600917-name-39" type="gender" value="female"/>
<interp inst="t18600917-name-39" type="surname" value="MANN"/>
<interp inst="t18600917-name-39" type="given" value="SARAH"/>SARAH MANN</persName> </hi>. I am the wife of William Mann, a coffee-house keeper in Long-lane, Smithfield—the prisoner was my servant of all-work, and had been so about a month; I paid her 2
<hi rend="italic">s</hi>. a week and her board—on 28th July I had three soverighns in my purse in my pocket in my wardrobe, which I had left the night previous—no one had access to it but the prisoner—in the evening I went to my purse to get a sovereign and there were but two sove
<lb/>reighns there—I came down and asked the prisoner if she had seen a sovereigh; she said she had not—I asked the otehr servant and she said she had not—on Sunday morning, at breakfast time, I told the prisoner she must have taken the sovereign, and if she would give it me I would not give her in charge—she would not, and a policeman was called in—I examined her bundle, and my sheet was torn up in her bundle—I kept her for two hours and she would not own it was my sheet, but afterwards she said it was mine—she wanted to go, and said she had only 7
<hi rend="italic">d</hi>. in the world—I gave her in charge, and she was taken to the station—I was in the station, but I was not present when she was searched—her aunt had washed for me some time, and she recommended her to me as having been married and left a widow with one child—this ring (
<hi rend="italic">produced</hi>) is mine; I had had it three years—it was in a box in my room under the dressing-table—it cost 15
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COOPER</hi>.
<hi rend="italic">Q.</hi> When did you see it last?
<hi rend="italic">A.</hi> About three weeks before—I have another servant in the house—I have children; one is 9 years old, the others 8—they sleep in their own room; they may go into my room—I take lodgers, but I had none at that time—the prisoner brought a bundle with her but no sheet—she said at last that the sheet was mine, and that she took it from off the bed—it was in the bundle with her clothesshe was going away—the purse was kept in my wardrobe in my bed-room.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-40" type="witnessName">
<interp inst="t18600917-name-40" type="gender" value="female"/>
<interp inst="t18600917-name-40" type="surname" value="MARSHALL"/>
<interp inst="t18600917-name-40" type="given" value="SUSAN"/>SUSAN MARSHALL</persName> </hi>. I am a searcher at Smithfield station—I searched the prisoner and found in her pocket 7 3/4
<hi rend="italic">d</hi>.—I found this ring and twi bills in the seam of her petticoat—I found this soverign pinned in her other petti
<lb/>coat, and some sugar—she said the 7 3/4
<hi rend="italic">d</hi>. was all the money she had.</p>
<hi rend="smallCaps">
<rs id="t18600917-743-verdict-1" type="verdictDescription">
<interp inst="t18600917-743-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600917-743-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18600917-743-punishment-8" type="punishmentDescription">
<interp inst="t18600917-743-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18600917-743-punishment-8" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-743-18600917 t18600917-743-punishment-8"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18600917-744">
<interp inst="t18600917-744" type="uri" value="sessionsPapers/18600917"/>
<interp inst="t18600917-744" type="date" value="18600917"/>
<join result="criminalCharge" id="t18600917-744-charge-1" targOrder="Y" targets="def1-744-18600917 t18600917-744-offence-1 t18600917-744-verdict-1"/>
<persName id="def1-744-18600917" type="defendantName">
<interp inst="def1-744-18600917" type="gender" value="male"/>
<interp inst="def1-744-18600917" type="age" value="17"/>
<interp inst="def1-744-18600917" type="surname" value="GAINS"/>
<interp inst="def1-744-18600917" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM GAINS</hi> (17)</persName>
<rs id="t18600917-744-offence-1" type="offenceDescription">
<interp inst="t18600917-744-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600917-744-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 3
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., 15
<hi rend="italic">s</hi>., and 5
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>. in money, the property of
<persName id="t18600917-name-42" type="victimName">
<interp inst="t18600917-name-42" type="gender" value="male"/>
<interp inst="t18600917-name-42" type="surname" value="SCHWANN"/>
<interp inst="t18600917-name-42" type="given" value="FREDRICK"/>
<join result="offenceVictim" targOrder="Y" targets="t18600917-744-offence-1 t18600917-name-42"/>Frederick Schwann</persName>, to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18600917-744-verdict-1" type="verdictDescription">
<interp inst="t18600917-744-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600917-744-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18600917-744-punishment-9" type="punishmentDescription">
<interp inst="t18600917-744-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18600917-744-punishment-9" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-744-18600917 t18600917-744-punishment-9"/>Confined Four Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18600917-745">
<interp inst="t18600917-745" type="uri" value="sessionsPapers/18600917"/>
<interp inst="t18600917-745" type="date" value="18600917"/>
<join result="criminalCharge" id="t18600917-745-charge-1" targOrder="Y" targets="def1-745-18600917 t18600917-745-offence-1 t18600917-745-verdict-1"/>
<persName id="def1-745-18600917" type="defendantName">
<interp inst="def1-745-18600917" type="gender" value="male"/>
<interp inst="def1-745-18600917" type="age" value="24"/>
<interp inst="def1-745-18600917" type="surname" value="BARRETT"/>
<interp inst="def1-745-18600917" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS BARRETT</hi> (24)</persName>
<rs id="t18600917-745-offence-1" type="offenceDescription">
<interp inst="t18600917-745-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600917-745-offence-1" type="offenceSubcategory" value="burglary"/>, Burglariously breaking and entering the dwelling-house of
<persName id="t18600917-name-44" type="victimName">
<interp inst="t18600917-name-44" type="gender" value="male"/>
<interp inst="t18600917-name-44" type="surname" value="LOFTING"/>
<interp inst="t18600917-name-44" type="given" value="HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18600917-745-offence-1 t18600917-name-44"/>Henry Lofting</persName>, and stealing 1 cornopean, and other articles, his property;</rs> having been before convicted; to which he</p>
<xptr type="pageFacsimile" doc="186009170009"/>
<hi rend="smallCaps">
<rs id="t18600917-745-verdict-1" type="verdictDescription">
<interp inst="t18600917-745-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600917-745-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18600917-745-punishment-10" type="punishmentDescription">
<interp inst="t18600917-745-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18600917-745-punishment-10" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-745-18600917 t18600917-745-punishment-10"/>Four Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18600917-746">
<interp inst="t18600917-746" type="uri" value="sessionsPapers/18600917"/>
<interp inst="t18600917-746" type="date" value="18600917"/>
<join result="criminalCharge" id="t18600917-746-charge-1" targOrder="Y" targets="def1-746-18600917 t18600917-746-offence-1 t18600917-746-verdict-1"/>
<persName id="def1-746-18600917" type="defendantName">
<interp inst="def1-746-18600917" type="gender" value="male"/>
<interp inst="def1-746-18600917" type="age" value="24"/>
<interp inst="def1-746-18600917" type="surname" value="HOARE"/>
<interp inst="def1-746-18600917" type="given" value="ALFRED"/>
<hi rend="largeCaps">ALFRED HOARE</hi> (24)</persName>
<rs id="t18600917-746-offence-1" type="offenceDescription">
<interp inst="t18600917-746-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600917-746-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, Feloniously breaking and entering the warehouse of
<persName id="t18600917-name-46" type="victimName">
<interp inst="t18600917-name-46" type="gender" value="male"/>
<interp inst="t18600917-name-46" type="surname" value="FINLAY"/>
<interp inst="t18600917-name-46" type="given" value="ZACHERIUS"/>
<join result="offenceVictim" targOrder="Y" targets="t18600917-746-offence-1 t18600917-name-46"/>Zacherias Finlay</persName> and another, and stealing 113 pieces of ribbon, value 268
<hi rend="italic">l</hi>., 880 ostrich feathers, and other articles, their property.
<hi rend="italic">Second Count</hi>, receiving the same.</rs> </p>
<hi rend="smallCaps">MR. DICKIE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18600917-name-47" type="witnessName">
<interp inst="t18600917-name-47" type="gender" value="male"/>
<interp inst="t18600917-name-47" type="surname" value="EADE"/>
<interp inst="t18600917-name-47" type="given" value="WILLIAM ARTHUR"/>WILLIAM ARTHUR EADE</persName> </hi> (
<hi rend="italic">City-policeman</hi>, 146). On 24th August I saw the prisoner wheeling a truck with a box and a bag on it, from Monkwell-street into Clipplegate-buildings—I shortly afterwards stopped him and asked him where he was goint; he told me to the Eastern Counties Railway—I asked him where he brought it from, he said "26, Wood-street," that was not the way from wood-street—I took him to the station and exployed a man to take the truck and box—I searched him at the station and found a cotton handkerchief upon him—I afterwards broke the chest open in his presence, and found this
<hi rend="italic">jemmy</hi> at the top and 130 rolls of ribbon, 15 head dresses, 2 pieces of crape, 30 yards, 14 bottles of wine, 24 ostrich feathers, 9 packages of silk, from 8 to 112 yards in each packet, and 17 remnants of silk, average 12 yards each.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> What street was he in when you saw him?
<hi rend="italic">A.</hi> In Hart-street, which is quite a different way from Wood-street—I have not had any money from the prosecution; I will swear I have not been promised any money—he said he had been exployed by a gentleman at 26, Wood-street—this is the bag (
<hi rend="italic">produced</hi>) that he had in the truck; the box is not here—it was nailed down and corded with small cord—the bag was under the box.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-48" type="witnessName">
<interp inst="t18600917-name-48" type="gender" value="male"/>
<interp inst="t18600917-name-48" type="surname" value="FINLAY"/>
<interp inst="t18600917-name-48" type="given" value="ZACHARIAS"/>ZACHARIAS FINLAY</persName> </hi>. I am a manufacturer, of 35, Monkewell-street, close Hard-street—I left the premises about half-past seven on the 23d, the night of the robbery, quite safe; all the doors were shut—I was the last person on the premises that night—I returned next morning at about half-past 8—I tried to open the door, and after a great deal of difficulty I succeeded—I found the inside door of the warehouse forced open, and the boxes which contained these feathers and the papers containing these silks, lying open; the boxes which bottles which had contained the ribbons were lying about on the floor—I found three empty bottles which had contained wine the previous night—I found the counting-house door broken open and the desk, and 4
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>. and four-pence taken out of the desk—the papers were not thrown about much—a new pair of boots were also taken, and an old pair left in their stead—the boxes contained feathers, a great portion of them—two drawers upstairs were also broken open, on the second and third floor, and some tiles on the roof of the house—I have samples of the property here; the value altogether of the property lost was about 500
<hi rend="italic">l</hi>.—I can swear to these goods; they have all my private mark on them—I had not sold them.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-49" type="witnessName">
<interp inst="t18600917-name-49" type="gender" value="male"/>
<interp inst="t18600917-name-49" type="surname" value="FENNING"/>
<interp inst="t18600917-name-49" type="given" value="WILLIAM"/>WILLIAM FENNING</persName> </hi> (
<hi rend="italic">City-policeman</hi> 88). I went to the premises of Mr. Finley in Hart-street, and compared the jemmy; it corresponded exactly with the marks on the warehouse door, and also on the desks in the counting-house.</p>
<hi rend="italic">The Prisoner's statement before the Magistrate was here read as follows</hi>:—"I do not wish to say anything. I was asked by a man in Wood-street to take it to the Eastern Counties Railway, and he said he would give me a shilling."</p>
<rs id="t18600917-746-verdict-1" type="verdictDescription">
<interp inst="t18600917-746-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600917-746-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of receiving.</hi> </rs>
<hi rend="italic">
<rs id="t18600917-746-punishment-11" type="punishmentDescription">
<interp inst="t18600917-746-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18600917-746-punishment-11" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-746-18600917 t18600917-746-punishment-11"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<xptr type="pageFacsimile" doc="186009170010"/>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, September</hi> 18
<hi rend="italic">th</hi>, 1860.</p>
<hi rend="largeCaps">PRESENT</hi>.—
<hi rend="smallCaps">SIR JAMES DUKE</hi>, Bart. Ald. M.P.;
<hi rend="smallCaps">SIR FRANCIS GRAHAM, MOON</hi>, Bart. Ald.; and
<hi rend="smallCaps">MR. COMMON SERJEANT</hi>.</p>
<hi rend="italic">Before Mr. Common Srjeant.</hi> </p>
<div1 type="trialAccount" id="t18600917-747">
<interp inst="t18600917-747" type="uri" value="sessionsPapers/18600917"/>
<interp inst="t18600917-747" type="date" value="18600917"/>
<join result="criminalCharge" id="t18600917-747-charge-1" targOrder="Y" targets="def1-747-18600917 t18600917-747-offence-1 t18600917-747-verdict-1"/>
<persName id="def1-747-18600917" type="defendantName">
<interp inst="def1-747-18600917" type="gender" value="male"/>
<interp inst="def1-747-18600917" type="age" value="27"/>
<interp inst="def1-747-18600917" type="surname" value="TIMMINS"/>
<interp inst="def1-747-18600917" type="given" value="JOB"/>
<hi rend="largeCaps">JOB TIMMINS</hi> (27)</persName>
<rs id="t18600917-747-offence-1" type="offenceDescription">
<interp inst="t18600917-747-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18600917-747-offence-1" type="offenceSubcategory" value="kidnapping"/>, Feloniously taking away
<persName id="t18600917-name-51" type="victimName">
<interp inst="t18600917-name-51" type="gender" value="female"/>
<interp inst="t18600917-name-51" type="surname" value="BUTLER"/>
<interp inst="t18600917-name-51" type="given" value="ANN"/>
<join result="offenceVictim" targOrder="Y" targets="t18600917-747-offence-1 t18600917-name-51"/>Ann Butler</persName>, a girl under the age of 16, from and out of the possession of her parents, against the will of her said parents.</rs> </p>
<hi rend="smallCaps">MR. SLEIGH</hi>
<hi rend="italic">conducted the Prosecution and</hi>
<hi rend="smallCaps">MR. METCALFE</hi>
<hi rend="italic">the Degence.</hi> </p>
<rs id="t18600917-747-verdict-1" type="verdictDescription">
<interp inst="t18600917-747-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600917-747-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="italic">In this case the Jury found, in answer to the questions submitted to them by the Court, first that the father did not consent to the girl being taken away; secondly, that the prisoner knew that the father did not consent; and thirdly, that he intended only to take her away temporarily, and not with the intention of keeping her away permanently. Upon this finding, the Court directed a verdict of Guilty to be entered, and reserved the case for the consideration of the Court of Appeal.</hi> </rs> </p>
<rs id="t18600917-747-punishment-12" type="punishmentDescription">
<interp inst="t18600917-747-punishment-12" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18600917-747-punishment-12" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-747-18600917 t18600917-747-punishment-12"/>
<hi rend="italic">The prisoner entered into his own recognizances in</hi> 100
<hi rend="italic">l</hi>.,
<hi rend="italic"> and two found sureties of</hi> 80
<hi rend="italic">l</hi>.
<hi rend="italic"> each, to appear and receive judgment when called upon.</hi> </rs> </p> </div1>
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<interp inst="t18600917-748" type="uri" value="sessionsPapers/18600917"/>
<interp inst="t18600917-748" type="date" value="18600917"/>
<join result="criminalCharge" id="t18600917-748-charge-1" targOrder="Y" targets="def1-748-18600917 t18600917-748-offence-1 t18600917-748-verdict-1"/>
<persName id="def1-748-18600917" type="defendantName">
<interp inst="def1-748-18600917" type="gender" value="female"/>
<interp inst="def1-748-18600917" type="age" value="39"/>
<interp inst="def1-748-18600917" type="surname" value="BUSBY"/>
<interp inst="def1-748-18600917" type="given" value="CHARLOTTE MARIA"/>
<hi rend="largeCaps">CHARLOTTE MARIA BUSBY</hi> (39)</persName>
<rs id="t18600917-748-offence-1" type="offenceDescription">
<interp inst="t18600917-748-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600917-748-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing 2 purses, and 11
<hi rend="italic">l</hi>. in money, the property of
<persName id="t18600917-name-53" type="victimName">
<interp inst="t18600917-name-53" type="gender" value="male"/>
<interp inst="t18600917-name-53" type="surname" value="BALL"/>
<interp inst="t18600917-name-53" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18600917-748-offence-1 t18600917-name-53"/>John Ball</persName>, from his person.</rs> </p>
<hi rend="smallCaps">MR. COOPER</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18600917-name-54" type="witnessName">
<interp inst="t18600917-name-54" type="gender" value="male"/>
<interp inst="t18600917-name-54" type="surname" value="BALL"/>
<interp inst="t18600917-name-54" type="given" value="JOHN"/>JOHN BALL</persName> </hi>. On 5th Septmber I went into the Magpie at Harmonsworth, in the morning, and the prisoner came in in the afternoon—I had some beer and gin and the prisoner saw me pay for it—I had two bags, one in the other, containing 12
<hi rend="italic">l</hi>. or 13
<hi rend="italic">l</hi>.; there was a 5
<hi rend="italic">l</hi>. note and some gold and silver and copper—I felt the worse for what I had take, and went into a field and laid down, as I had done previously in the day—I was awoke in a quarter of an hour by the prisoner extracting the money from my pocket—I felt for my purse and it was gone, I had felt it safe not twenty minutes before—she ran away—I got up and gave information to the police, and they showed me this 5
<hi rend="italic">l</hi>. note (
<hi rend="italic">produced</hi>) on the Monday following—I know it by this name of "R Spittle" upon it; I have not seen the gold—this (
<hi rend="italic">produced</hi>) is the inside bag—I had no connexion with the woman and never gave her a shilling—I am a married man—it was nearly 8 o'clock in the evening when she awoke me; it was light enough for to me to see her, and I am sure of her—she had been in the public-house with me three or four hours—she came down the day previous with two men in search of reaping.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-55" type="witnessName">
<interp inst="t18600917-name-55" type="gender" value="male"/>
<interp inst="t18600917-name-55" type="surname" value="DAY"/>
<interp inst="t18600917-name-55" type="given" value="FREDERICK"/>FREDERICK DAY</persName> </hi> (
<hi rend="italic">Policeman</hi>). I received information and went into the Golden Cross public-house, Colnbrook, and saw the prisoner there with some money—I asked her where she got it from; she said that she earned it in reaping—she became very abusive and I took her in custody for being drunk and disorderly—she handed to me out of her pocket a 5
<hi rend="italic">l</hi>. note, 3
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. in gold, 2
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. in silver, and 7 182
<hi rend="italic">d</hi>. in copper—I found this bag on her—I had not heard of the robbery, but she was showing a good deal of money.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-56" type="witnessName">
<interp inst="t18600917-name-56" type="gender" value="male"/>
<interp inst="t18600917-name-56" type="surname" value="HAMILTON"/>
<interp inst="t18600917-name-56" type="given" value="WILLIAM"/>WILLIAM HAMILTON</persName> </hi> (
<hi rend="italic">Police-superintendant</hi>). The prisoner was brought to the station verydrunk, and I asked her what account she gave of the money—she said that she had earned it at harvest work—on the next day she said that it was given to her by a blacksmith in a field near the Magpie, and that 15
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. of it was her own money.</p>
<hi rend="italic">The prisoner in her defence stated that the prosecutor gave her the bag of money for an improper purpose.</hi> </p>
<hi rend="smallCaps">
<rs id="t18600917-748-verdict-1" type="verdictDescription">
<interp inst="t18600917-748-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600917-748-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18600917-748-punishment-13" type="punishmentDescription">
<interp inst="t18600917-748-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18600917-748-punishment-13" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-748-18600917 t18600917-748-punishment-13"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18600917-749">
<interp inst="t18600917-749" type="uri" value="sessionsPapers/18600917"/>
<interp inst="t18600917-749" type="date" value="18600917"/>
<join result="criminalCharge" id="t18600917-749-charge-1" targOrder="Y" targets="def1-749-18600917 t18600917-749-offence-1 t18600917-749-verdict-1"/>
<join result="criminalCharge" id="t18600917-749-charge-2" targOrder="Y" targets="def2-749-18600917 t18600917-749-offence-1 t18600917-749-verdict-1"/>
<xptr type="pageFacsimile" doc="186009170011"/>
<persName id="def1-749-18600917" type="defendantName">
<interp inst="def1-749-18600917" type="gender" value="male"/>
<interp inst="def1-749-18600917" type="age" value="28"/>
<interp inst="def1-749-18600917" type="surname" value="NANTZE"/>
<interp inst="def1-749-18600917" type="given" value="FRANCIS"/>
<hi rend="largeCaps">FRANCIS NANTZE</hi> (28)</persName>, and
<persName id="def2-749-18600917" type="defendantName">
<interp inst="def2-749-18600917" type="gender" value="male"/>
<interp inst="def2-749-18600917" type="age" value="28"/>
<interp inst="def2-749-18600917" type="surname" value="KLINGER"/>
<interp inst="def2-749-18600917" type="given" value="ALBERT"/>
<hi rend="largeCaps">ALBERT KLINGER</hi> (28)</persName>
<rs id="t18600917-749-offence-1" type="offenceDescription">
<interp inst="t18600917-749-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600917-749-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 12 handkerchiefs, the property of
<persName id="t18600917-name-59" type="victimName">
<interp inst="t18600917-name-59" type="gender" value="male"/>
<interp inst="t18600917-name-59" type="surname" value="KEED"/>
<interp inst="t18600917-name-59" type="given" value="WILLIAM JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18600917-749-offence-1 t18600917-name-59"/>William James Keed</persName>.</rs> </p>
<hi rend="smallCaps">MR. SLEIGH</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="italic">The evidence was interpreted to Klinger.</hi> </p>
<hi rend="smallCaps">
<persName id="t18600917-name-60" type="witnessName">
<interp inst="t18600917-name-60" type="gender" value="male"/>
<interp inst="t18600917-name-60" type="surname" value="TURNER"/>
<interp inst="t18600917-name-60" type="given" value="STEPHEN JOHN"/>STEPHEN JOHN TURNER</persName> </hi>. I am assistant to Messrs Keed, drapers and hosiers, of Coventry-street, Leicester-square—on Friday, 4th August, between 11 and 12 o'clock, the prisoners came in together—Nantze said, "This gentleman." pointing to Klinger, "has just come from Germany and he wants some goods"—he called him a merchant—Klinger did not speak the slightest English, but Nantze, who spoke very good English, interpreted for him—they spoke together in a foreign language—Klinger selected twelve silk handkerchiefs and other property amounting to 14
<hi rend="italic">l</hi>.—Nantze told me to sent them to 15A, Clifford-street, Bond-street, at 4 o'clock, when Klinger would be there and would pay, but they were then out on other business—I took the goods at a quarter to 4, and Nantze was at the door waiting—I went up to the sitting-room with him and remainted there till about 5 o'clock, when Nantze said, I will go for my dinner as my gentleman has not come in; I except he is dining at Verey's in Regent-street, and where he generally dines—I said "As he cannot speak English, it is no use my waiting, but I will leave the parcel downstairs with the servant"—he said, "Well, you can either leave it with the servant or here, he will not be here till 8 o'clock"—I left the parcel and returned at twenty minutes to 8, but did not dind the prisoners or the parcel, though I looked for it, as the servant showed me into the same room.</p>
<hi rend="italic">Klinger.</hi> What he said for his own interest I do not know anything about; I could not understand what he said.</p>
<hi rend="italic">Nantze. Q.</hi> When I said I was going to have my dinner, did not you say, "What must I do with the parcel?"
<hi rend="italic">A.</hi> I did not; you said that the gentleman would not be there till 8, and it being a large parcel, I suggested leaving it with the servant.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-61" type="witnessName">
<interp inst="t18600917-name-61" type="gender" value="male"/>
<interp inst="t18600917-name-61" type="surname" value="JOY"/>
<interp inst="t18600917-name-61" type="given" value="HENRY"/>HENRY JOY</persName> </hi> (
<hi rend="italic">Policeman, C</hi> 9). From information I received, I went in plain clothes to New-court, Hill-street, Finsbury, on 5th August, between 2 and 3 o'clock—I knocked at the door and Klinger put his head out at the window—I asked him whether his name was Klinger he said, "Yes"—he spoke English and I could understand him—I told him I had a note for him, and he came down and opened the door and let me in—I then told him I was a policeman and was instructed to apprehend him for obtaining goods at Mr. Keed's in Coventry-street with another man who I imagined was in custody at the time—he said, "I gave the goods to the interpreter"—I asked him what kind of man that was; he said, "A man with a moustache and whiskers"—I asked him when; he said, "At 10 o'clock this morning"—I told him that the goods had been returned and it was impossible for him to have given them to him—he walked away with me, and I took him to Vine-street station in custody—I found in his coat-pocket a pair of braces, a neck-tie and a pair of kid-gloves, which have all been identified—next day, Sunday, I went to 9, Charlton-street, Whitechapel, and the landlady gave me a parcel containing three shirts, and some other articles (
<hi rend="italic">produced</hi>)—I subsequently went to 8, Nassau-street Soho, and found the pair of gloves and neck-tie—I pulled this portmanteau from under the bed, and a quantity of bundles of fire-wood rolled from it—I have known the prisoners for the last twelve months, and have seen them together at various times—I knew Klinger when he lived in Queen-street; his wife is a laundress—this bill of Mr. Keed's (
<hi rend="italic">produced</hi>) was found on Klinger.</p>
<xptr type="pageFacsimile" doc="186009170012"/>
<hi rend="italic">Klinger. Q.</hi> Did I say I gave these things to the interpreter? did I not say that I gave them to a gentleman with a black, namely, my brother?
<hi rend="italic">A.</hi> No; you did not tell me that if I would take you to the prosecutor you would pay for the things or return them; I did not admit at the station or to the Magistrate that you said so—your brother has no whiskers he has only a moustable.</p>
<hi rend="italic">Nantze. Q.</hi> There was no lock on the portmanteau: did not you state at the police-court that you found a portmantean tilled fire-wood, which was locked?
<hi rend="italic">A.</hi> No.</p>
<hi rend="smallCaps">MR. SLEIGH</hi>
<hi rend="italic">Q.</hi> How much fire-wood was there?
<hi rend="italic">A.</hi> About 1 cwt. under the bed and in the portmanteau togather—there was just sufficient to fill it.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-62" type="witnessName">
<interp inst="t18600917-name-62" type="gender" value="male"/>
<interp inst="t18600917-name-62" type="surname" value="DAWSON"/>
<interp inst="t18600917-name-62" type="given" value="HENRY"/>HENRY DAWSON</persName> </hi> (
<hi rend="italic">Policeman, A</hi>, 301.) I accompanied the last witness to New-court, and watched in Hill-street, outside the house, for some time—whilst so watching I saw Nantze come there with another man—he went into the court—I could not see the house in which Klinger lived—in three or four minutes Nantze came out again alone, spoke to the man who was waiting out
<lb/>side, and then went in again; he came out again with a women, joined the other man and the three went away together—I followed them to Chambers-street Whitechapel-Nantze and the women went into No.9—he came out again in about five minutes, spoke to the man he had left in the street, then went into the house again and the man went away—after staying in the house about half an hour I saw him come out with this parcel under his arm—as he was walking away from the house I followed, and asked if his anme was klinger—he said no—I said I thought it was, that I was a constable, and I should apprehend him for obtaining goods from Mr. Keed of Coventry-street—he said, "You must mind what you ar about"—I asked what the parcel contained—he said, "Various things, my property"—Iasked him what, and he would not give me an answer—I took him to vine-street station and found the parcel contained three shirts, six silk handker-chiefs and other things which the prosecutor has indentifed—I also found in chiefs, and other things which the prosecutor has indentified—I also found in Nantze's pocket a pair of braces and a scarf, which have been indentified.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-63" type="witnessName">
<interp inst="t18600917-name-63" type="gender" value="female"/>
<interp inst="t18600917-name-63" type="surname" value="NITSCHE"/>
<interp inst="t18600917-name-63" type="given" value="LOUISA EMILIE"/>LOUISA EMILIE NITSCHE</persName> </hi>. I am the wife of adolphus Nitsche, and live at 9, Chambers-street, Whitechapel—on Friday, 4th August, Klinger came to our house with a parcel of linen, washing—next day he asked me to lend him a carpet bag; he took it away and brought in back in a couple of hours with something in it—he took out what was in it and left the empty bag with me the things were his own, that he wanted to start on a journey with them—the second day he came with Nantze—he has been in England more thean a year.</p>
<p>Nantze lodged in my house for eight weeks previous to the beginning of August—I belive I have seen Klinger visiting him, I cannot swear to him positively, but to the best of my belief he is the man—he was there about every dat—when the policeman came to my house I went up with him to Natze's room and unlocked the door—I saw the policeman pull the port
<lb/>manteau from under the bed; I did not see the fire-wood pulled out—I saw some in the cupboard; it was not mine.</p>
<hi rend="italic">Naintze. Q.</hi> Can you say that the portmanteay ever contained fire-wood?
<hi rend="italic">A.</hi> You used to cook your own victuals; I supplied you with things to do it—you lighted your own fire—I did not know of the portmanteau being there till the policeman took it away—there was a larger one in the room</p>
<xptr type="pageFacsimile" doc="186009170013"/>
<p>which you brought when you came there, I have opened that to put your clothes in; it contained tickets and cards of different things—I do not know that waiters and porters of hotels came to your to hire you as an interpreter—I know people did call but I can't say what for; my little girl generally answered the door—you did act as an interpreter—I had a good reference with you and you behaved very well.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-64" type="witnessName">
<interp inst="t18600917-name-64" type="gender" value="female"/>
<interp inst="t18600917-name-64" type="surname" value="EVANS"/>
<interp inst="t18600917-name-64" type="given" value="LOUISA"/>LOUISA EVANS</persName> </hi>. I live at 15, Cliffor-street, Bond-street—on Thursday, 3d August, I let a loadging to the prisoners, who called-Nantze acted as spokesman-Klinger did not speak at all in English-Nantze inquired if I had apartments to let—I said yes he told me he wished to engage a drawing-room and bed-room for the gentlemenwho was with him—I showed the apartments—they convered together in German for a short time—he said he was very much pleased with them but they were too expensive, but if I would let them at a reduced rate, in a hort time he expected his wife with a servent and child to join him, and then he would give the price we asked—I agreed to that but they did not decide then—they left and said they would call agin if they concluded to take them, which Nantze did—he said the gentleman had decided to take the apartments, that they were going to dine at Vereys and would come in about an hour—I did not see them then—Klinger came that night; I never saw any luggage—the servant let him in; I believe the brought a hat-box and a small parcel, but I did not see it myself—he took possession of the apartments—Nantze told me two or three times that the luggage was coming, that it would be there probably the following day and in order that I might know it was all right he wrote the name "Klinger"—Klinger slept there that night and had breakfast next morning, and during breakfast Nantaz came; they breakfast together—I never saw klinger afterwards; I do not know when he went out—I saw Nantze in the hall in the afternoon; he sent for me and asked if I would make him some present for bringing the gentlemen to my house-I declined to do so—I said it was rather premature.</p>
<hi rend="italic">Nantze. Q.</hi> Did I hire the room for both of us?
<hi rend="italic">A.</hi> No, for the gentle
<lb/>man you told me you were only interpreter to him—you said he would probably remain a long time, and I said if he did I should not object to give you something.</p>
<hi rend="smallCaps">S.J. TURNER</hi> (
<hi rend="italic">re-examined</hi>). I have looked through the whole of this property and belive it to be Mr. Keed's—they are the things included in that bill.</p>
<hi rend="italic">Nantze. Q.</hi> Have I not on previous occasions brought foreigners to Mr. Keed?
<hi rend="italic">A.</hi> Yes, more than once, and that put me off my guard with respect to these goods.</p>
<hi rend="italic">Nantze in his defence statted that he was employed as an interpreter at different hotels, and that he merely acted in that capacity to Klinger throughout the transaction; that Klinger paid him</hi> 16
<hi rend="italic">s</hi>.
<hi rend="italic"> for his trouble, and made him a present of that gloves and neck-tie</hi> </p>
<hi rend="italic">Klinger's Defence (Interpreted</hi>). I am accused of stealing these articles, which in no way I have done; I bought them in my own name and had them sent to my lodging with the intention of paying for them; it was not my intention to defraud the prosecutor of the goods.</p>
<hi rend="smallCaps">
<rs id="t18600917-749-verdict-1" type="verdictDescription">
<interp inst="t18600917-749-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600917-749-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18600917-749-punishment-14" type="punishmentDescription">
<interp inst="t18600917-749-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18600917-749-punishment-14" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-749-18600917 t18600917-749-punishment-14"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-749-18600917 t18600917-749-punishment-14"/>Confined Eighteen Months each</rs>.</hi> </p>
<hi rend="italic">There was another indictment against Nantze.</hi> </p> </div1>
<div1 type="trialAccount" id="t18600917-750">
<interp inst="t18600917-750" type="uri" value="sessionsPapers/18600917"/>
<interp inst="t18600917-750" type="date" value="18600917"/>
<join result="criminalCharge" id="t18600917-750-charge-1" targOrder="Y" targets="def1-750-18600917 t18600917-750-offence-1 t18600917-750-verdict-1"/>
<persName id="def1-750-18600917" type="defendantName">
<interp inst="def1-750-18600917" type="gender" value="male"/>
<interp inst="def1-750-18600917" type="age" value="28"/>
<interp inst="def1-750-18600917" type="surname" value="COOPER"/>
<interp inst="def1-750-18600917" type="given" value="CHARLES GEORGE"/>
<hi rend="largeCaps">CHARLES GEORGE COOPER</hi> (28)</persName>
<rs id="t18600917-750-offence-1" type="offenceDescription">
<interp inst="t18600917-750-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600917-750-offence-1" type="offenceSubcategory" value="embezzlement"/>, Embezzling 1
<hi rend="italic">l</hi>. 0
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>. and 1
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. the property of
<persName id="t18600917-name-66" type="victimName">
<interp inst="t18600917-name-66" type="gender" value="male"/>
<interp inst="t18600917-name-66" type="surname" value="ROLF"/>
<interp inst="t18600917-name-66" type="given" value="JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t18600917-750-offence-1 t18600917-name-66"/>Joseph Rolf</persName>, his master.</rs> </p>
<xptr type="pageFacsimile" doc="186009170014"/>
<hi rend="smallCaps">MR. LEWIS</hi>
<hi rend="italic">conducted the prosection.</hi> </p>
<hi rend="smallCaps">
<persName id="t18600917-name-67" type="witnessName">
<interp inst="t18600917-name-67" type="gender" value="male"/>
<interp inst="t18600917-name-67" type="surname" value="STRICKLAND"/>
<interp inst="t18600917-name-67" type="given" value="JOSEPH PROBERT"/>JOSEPH PROBERT STRICKLAND</persName> </hi>. I am a draper of Gravesent—on 11th June I received some goods from the prosecutor—I was not to receive credit particularly—I pay cah principally—this (
<hi rend="italic">producted</hi>) is the invoice—on 3d July I paid the prisoner the amount, 1
<hi rend="italic">l</hi>. 0
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>.—this receipt is in his writing, 9
<hi rend="italic">d</hi>. has been deducted—that was not discount, it was an allowance for two boxes.</p>
<hi rend="italic">Prisoner. Q.</hi> Would you not have paid me the amout even on the day after if I had called?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-68" type="witnessName">
<interp inst="t18600917-name-68" type="gender" value="male"/>
<interp inst="t18600917-name-68" type="surname" value="HACKNEY"/>
<interp inst="t18600917-name-68" type="given" value="WILLIAM"/>WILLIAM HACKNEY</persName> </hi>. I am a hatter at Bow-lane Derby, and a customer of the prosecutor's—I was indebted to him in a sum of 9
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>.—I had a credit of four months to pay it—on the same day that I received the goods, 26th July, the prisoner called and asked for 2
<hi rend="italic">l</hi>. and he gave me this receipt (
<hi rend="italic">produced</hi>)—he allowd me 2
<hi rend="italic">s</hi>. discount—this is his writing.</p>
<hi rend="italic">Prisoner. Q.</hi> In the event of your paying this amount to me should you not have expected the discound that I allowed you on this part of the account?
<hi rend="italic">A.</hi> Yes—it was not the day be that I received the goods, it was the same morning, I think.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-69" type="witnessName">
<interp inst="t18600917-name-69" type="gender" value="male"/>
<interp inst="t18600917-name-69" type="surname" value="ROLF"/>
<interp inst="t18600917-name-69" type="given" value="JOSEPH"/>JOSEPH ROLF</persName> </hi>. I am a cap manufacturer of 130, London-wall—the prisoner was in my service at 25
<hi rend="italic">s</hi>. a week and 2 1/2 commission and his travelling expenses—his duties were to collect orders, to receive money, to pay it to me when he was in London, or send it up to me by post-I have niot received 1
<hi rend="italic">l</hi>. 0
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>. of him from Mr. Stickland of Gravesend, or 2
<hi rend="italic">l</hi>. from Mr. Hackney on account of a larger sum; I never expected it to be pai—I had given a month's creadit or three months without discount—he had no right to receive the money because the goods were sold on credit.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> But if the customer chose to pay it, would he be authorized to take it for you?
<hi rend="italic">A.</hi> Yes, allowing the proper discount.</p>
<hi rend="smallCaps">MR. LEWIS</hi>.
<hi rend="italic">Q.</hi> Is there a person named Bidwell in your employment?
<hi rend="italic">A.</hi> Yes—he was not authorized to receive money in my absence or from the prisoner as my clerk.</p>
<hi rend="italic">Prisoner. Q.</hi> Whose business it to enter those amounts so collected by me?
<hi rend="italic">A.</hi> Bidwell's principally—when you paid me money I but my initials—no other party made entries but Bidwell; you made your own entries, and when you paid the money over to me I put my signature—I have entered amounts which I have received, but there are very few ac
<lb/>counts which I have received myself, except government contracts, which you do not interfere with—when I receive money myself I do not affix my signature—I have no occasion; I know my own writing—these are the books (
<hi rend="italic">produced</hi>)—here is an entry of your's and another of mine which I collected myself—this is my initial, "G.R"—I received a cheaque from Captain Jeakes for 75
<hi rend="italic">l</hi>. on 26th or 27th June—here is the entry—I have never placed my signature to five or six consecutive amounts, at once for four or five days, signing over leaf and over leaf, except when they were booked in the same day and the money was given to me—it may have occurred once or twice when the scale has been effected two or three days before—this (
<hi rend="italic">produced</hi>) is the ledger—the accont of Wright of Hackney-road is not in it; but it is your book-keeping, you could not keep your books—I am not a very good scholar and you took advandage of me—I do not re
<lb/>member the day preceeding that that it was your duty to call on Wright</p>
<xptr type="pageFacsimile" doc="186009170015"/>
<p>of the Hackney-road, as he had promised his account—I cannot recollect whether it was understood that our expenses should be divided on that Sunday, or that you told me you had received Wright's account a and took it on account of your commission, paying me the half of my day's expenses; but I recollect that you paid me the 1
<hi rend="italic">l</hi>. 4
<hi rend="italic">d</hi>. down and I booked it—you were not entitled to retain your commission out of the monies I received—you always had your commission paid every month; but when you re
<lb/>quired cloths, I directed my tailors to take it out of your commission—the book will show that you had 25
<hi rend="italic">s</hi>. a week; you received the last 25
<hi rend="italic">s</hi>. a week on 14th July—I think you started that day to the Midland Counties—you promised that the terms upon which you went were 7 1/2 per cent and your expenses paid—there was no settled amount for your expenses—I paid your railway expenses and 7 1/2 per cent but not your hotel expenses; you were to pay for your lodging and keep out of the 7 1/2 per cent—you were to pay for your lodging and keep out of the 7 1/2 per cent—you could do on the journey 150
<hi rend="italic">l</hi>. surely that would pay you—you hadl 3
<hi rend="italic">l</hi>. when you started 2
<hi rend="italic">l</hi>. afterwards, and 3
<hi rend="italic">l</hi>. after that—I recollect the last Kent journey that you went, you charged me 4
<hi rend="italic">l</hi>. for your expenses, and I made the same journey for 2
<hi rend="italic">l</hi>. in three days and a half—you spent a week and charged 4
<hi rend="italic">l</hi>. for six day's reilway expenses and I paid it—you once took the money out of what you received; that was on the last journey—when you take you expenses out of your receipts it would be your duty to show it in your accounts and what the balance was, and you did so—I gave you 3
<hi rend="italic">l</hi>. on 14th July, to start on your journey—I sent you 2
<hi rend="italic">l</hi>. more on the following Thursday, and 1
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. you collected from Mr. Hackney, that made 6
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. for fourteen days' travelling expenses; but you had no business to shop fourteen days, and had notice to come back.</p>
<hi rend="smallCaps">MR. LEWIS</hi>
<hi rend="italic">Q.</hi> He not only did not pay you the money, but did not tell you that he had received these monies?
<hi rend="italic">A.</hi> Never.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Would the goods sent to your customers appear in your ledger?
<hi rend="italic">A.</hi> Yes; it was posted up-the prisoner used not to take out the accounts with him, they were sent by post to the customers—having col
<lb/>lected the money he would send it up by post-office orders, with a list—I have received a list of this money partly, but have not received these sums from Mr. Hackney or Mr. Strickland—I went to collect them and found they had been collected—on returning from this journey the prisoner made out a list of 1
<hi rend="italic">l</hi>. 17
<hi rend="italic">s</hi>. for his expenses.</p>
<hi rend="italic">Prisoner.</hi> That was my commission account.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-70" type="witnessName">
<interp inst="t18600917-name-70" type="gender" value="male"/>
<interp inst="t18600917-name-70" type="surname" value="BIDWELL"/>
<interp inst="t18600917-name-70" type="given" value="JAMES"/>JAMES BIDWELL</persName> </hi> (
<hi rend="italic">Not examined in chief.</hi>)</p>
<hi rend="italic">Prisoner. Q.</hi> When I have asked you to enter any item to the credit of a customer, have you not always seen me pay the money over to Mr. Rolf?
<hi rend="italic">A.</hi> It was very seldom indeed that I saw money pass between you—I know you deducted your expenses on the second journey you went—that will ap
<lb/>pear in the account which you rendered—and have taken monies giving Mr. Rolf credit for them.</p>
<hi rend="italic">Prisoner's Defence.</hi> I entered Mr. Rolf's service in February, at a salary of 25
<hi rend="italic">s</hi>. and 2/12 commission—he was in a very struggling way of business, and had scarcely credit for a yard of cloth—I took my salary as I could get it, sometimes 5
<hi rend="italic">s</hi>. sometimes 10
<hi rend="italic">s</hi>. and we pulled together until I was able to go out of town to extend the trade; I had my own interests in view as well as his, and endeavoured to be as cautious as possible. My expenses have been very little over 10
<hi rend="italic">s</hi>. or 12
<hi rend="italic">s</hi>. a day, which is very small indeed to represent an old house, and is very difficult indeed to build up a new con
<lb/>nexion. I received the 1
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. from Mr. Hackney because I had to leave</p>
<xptr type="pageFacsimile" doc="186009170018"/>
<p>my patterns in pawn to charter myself to Derby; what else could I do? I must have stayed there, at a frightful expense in the shape of an hotel bill, instead of which I collected this money, redeemed my samples, paid my bill, and just cleared my way up to London. I went without my dinner and without half my meals to make the money go further; I endeavoured to do all I possibly could but the journey was failure. This money was spen in
<hi rend="italic">bond fide</hi> expenses. Mr. Rolf has sworn tht I have not given credit for Strickland's account, how that is, I know not; I received it and am fully convinced that I paid it to Mr. Rolf. Five years ago I was charged in this Court for the same thing and had a years imprisonment, and it is hardly likely that I should throw away a change again for such a paltry amount; I paid him this money but unfortunately cannot bring witnesses to prove it; I have been negligent and careless: for having had troubles of a domestic nature, I have given way too much to drink, but as to embezzling the amounts, I should as soon think of putting my head in the fire.</p>
<hi rend="smallCaps">
<rs id="t18600917-750-verdict-1" type="verdictDescription">
<interp inst="t18600917-750-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18600917-750-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18600917-751">
<interp inst="t18600917-751" type="uri" value="sessionsPapers/18600917"/>
<interp inst="t18600917-751" type="date" value="18600917"/>
<join result="criminalCharge" id="t18600917-751-charge-1" targOrder="Y" targets="def1-751-18600917 t18600917-751-offence-1 t18600917-751-verdict-1"/>
<persName id="def1-751-18600917" type="defendantName">
<interp inst="def1-751-18600917" type="gender" value="male"/>
<interp inst="def1-751-18600917" type="age" value="28"/>
<interp inst="def1-751-18600917" type="surname" value="COOPER"/>
<interp inst="def1-751-18600917" type="given" value="CHARLES GEORGE"/>
<hi rend="largeCaps">CHARLES GEORGE COOPER</hi> </persName> was
<hi rend="italic">again</hi> indicted
<rs id="t18600917-751-offence-1" type="offenceDescription">
<interp inst="t18600917-751-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18600917-751-offence-1" type="offenceSubcategory" value="fraud"/>for unlawfully obtaining 10
<hi rend="italic">s</hi>. of
<persName id="t18600917-name-72" type="victimName">
<interp inst="t18600917-name-72" type="gender" value="male"/>
<interp inst="t18600917-name-72" type="surname" value="YEOMAN"/>
<interp inst="t18600917-name-72" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18600917-751-offence-1 t18600917-name-72"/>James Yeoman</persName> by false pretences.</rs> </p>
<hi rend="smallCaps">MR. LEWIS</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18600917-name-73" type="witnessName">
<interp inst="t18600917-name-73" type="gender" value="male"/>
<interp inst="t18600917-name-73" type="surname" value="YEOMAN"/>
<interp inst="t18600917-name-73" type="given" value="JAMES"/>JAMES YEOMAN</persName> </hi>. I live in Chiswell-street, and have been a customer of Mr. Rolf—I was indebted to him 1
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. on 7th August when the prisoner called—I had just paid away all the money I had, except 10
<hi rend="italic">s</hi>. which I gave him knowing him to be in Mr. Rolf's service, and he gave me a receipt—he said that he would call with some samples at the end of the week.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-74" type="witnessName">
<interp inst="t18600917-name-74" type="gender" value="male"/>
<interp inst="t18600917-name-74" type="surname" value="ROLF"/>
<interp inst="t18600917-name-74" type="given" value="JOSEPH"/>JOSEPH ROLF</persName> </hi>. I dismissed the prisoner on, I think, 28th July, he was not in my service on 7th August, he had left seven or eight days, and I went out of town—he had not authority to collect money for me, but he knew that the account was outstanding.</p>
<hi rend="italic">Prisoner. Q.</hi> When the alteration in my salary was effected, what notice was given me respecting it?
<hi rend="italic">A.</hi> There was no alteration at all—you were discharged—I discharged you on 28th July—I told you to leave because you had done nothing—you had warning a fornight before that time; I told you on the 14th that we could not go any further, and you said, "When I have stayed out a week or a fortnight I will leave"—You have no occasion to go on the journey—you had had your commission on Yeoman's debt before.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Has he ever refused to pay you this money or denied that he had received the 1
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>.?
<hi rend="italic">A.</hi> No; he has not been in my employ—there is no custom in our trade for a person to receive the accounts when he leaves, and wind up the affair—if a traveller leaves with 500
<hi rend="italic">l</hi>. owing to his employer, he would be entitled to his commission upon it, but the prisoner had his commission on the transaction long ago—his commission is his remuneration for selling the goods and getting the money, but could I keep a traveller on till all the customers have paid their money?—he came to my house and annoyed me.</p>
<hi rend="italic">Prisoner.</hi> I came for a settlement of my accounts.</p>
<hi rend="smallCaps">
<rs id="t18600917-751-verdict-1" type="verdictDescription">
<interp inst="t18600917-751-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18600917-751-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18600917-752">
<interp inst="t18600917-752" type="uri" value="sessionsPapers/18600917"/>
<interp inst="t18600917-752" type="date" value="18600917"/>
<join result="criminalCharge" id="t18600917-752-charge-1" targOrder="Y" targets="def1-752-18600917 t18600917-752-offence-1 t18600917-752-verdict-1"/>
<persName id="def1-752-18600917" type="defendantName">
<interp inst="def1-752-18600917" type="gender" value="male"/>
<interp inst="def1-752-18600917" type="age" value="49"/>
<interp inst="def1-752-18600917" type="surname" value="STUART"/>
<interp inst="def1-752-18600917" type="given" value="WALTER CHARLES"/>
<hi rend="largeCaps">WALTER CHARLES STUART</hi> (49)</persName>
<rs id="t18600917-752-offence-1" type="offenceDescription">
<interp inst="t18600917-752-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600917-752-offence-1" type="offenceSubcategory" value="embezzlement"/>, Embezzling the sums of 27
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>., 21
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>., and 52
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>., the property of
<persName id="t18600917-name-76" type="victimName">
<interp inst="t18600917-name-76" type="gender" value="male"/>
<interp inst="t18600917-name-76" type="surname" value="SMITH"/>
<interp inst="t18600917-name-76" type="given" value="GEORGE FREDERICK"/>
<join result="offenceVictim" targOrder="Y" targets="t18600917-752-offence-1 t18600917-name-76"/>George Frederick Smith</persName> and another, his masters; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18600917-752-verdict-1" type="verdictDescription">
<interp inst="t18600917-752-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600917-752-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.
<hi rend="italic">
<rs id="t18600917-752-punishment-15" type="punishmentDescription">
<interp inst="t18600917-752-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18600917-752-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-752-18600917 t18600917-752-punishment-15"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18600917-753">
<interp inst="t18600917-753" type="uri" value="sessionsPapers/18600917"/>
<interp inst="t18600917-753" type="date" value="18600917"/>
<join result="criminalCharge" id="t18600917-753-charge-1" targOrder="Y" targets="def1-753-18600917 t18600917-753-offence-1 t18600917-753-verdict-1"/>
<xptr type="pageFacsimile" doc="186009170019"/>
<persName id="def1-753-18600917" type="defendantName">
<interp inst="def1-753-18600917" type="gender" value="male"/>
<interp inst="def1-753-18600917" type="age" value="30"/>
<interp inst="def1-753-18600917" type="surname" value="BENNETT"/>
<interp inst="def1-753-18600917" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS BENNETT</hi> (30)</persName>
<rs id="t18600917-753-offence-1" type="offenceDescription">
<interp inst="t18600917-753-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600917-753-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 12 pairs of stockings, value 10
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>. the property of
<persName id="t18600917-name-78" type="victimName">
<interp inst="t18600917-name-78" type="gender" value="male"/>
<interp inst="t18600917-name-78" type="surname" value="STURT"/>
<interp inst="t18600917-name-78" type="given" value="HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18600917-753-offence-1 t18600917-name-78"/>Henry Sturt</persName> and others; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18600917-753-verdict-1" type="verdictDescription">
<interp inst="t18600917-753-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600917-753-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18600917-753-punishment-16" type="punishmentDescription">
<interp inst="t18600917-753-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18600917-753-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-753-18600917 t18600917-753-punishment-16"/>Confined Three Months</rs>.</hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, September 18th 1860.</hi> </p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Ald.
<hi rend="smallCaps">CUBITT</hi>, M.P.; Mr. Ald.
<hi rend="smallCaps">CONDER</hi>; and
<hi rend="smallCaps">ROBERT MALCOLM KERR</hi>, Esq.</p>
<hi rend="italic">Before Robert Malcolm Kerr, Esq.</hi> </p>
<div1 type="trialAccount" id="t18600917-754">
<interp inst="t18600917-754" type="uri" value="sessionsPapers/18600917"/>
<interp inst="t18600917-754" type="date" value="18600917"/>
<join result="criminalCharge" id="t18600917-754-charge-1" targOrder="Y" targets="def1-754-18600917 t18600917-754-offence-1 t18600917-754-verdict-1"/>
<persName id="def1-754-18600917" type="defendantName">
<interp inst="def1-754-18600917" type="gender" value="female"/>
<interp inst="def1-754-18600917" type="age" value="26"/>
<interp inst="def1-754-18600917" type="surname" value="GAYHAM"/>
<interp inst="def1-754-18600917" type="given" value="ELLEN"/>
<hi rend="largeCaps">ELLEN GAYHAM</hi>
<hi rend="italic">alias
<rs id="t18600917-alias-1" type="alias">
<join result="nameAlias" targOrder="Y" targets="def1-754-18600917 t18600917-alias-1"/> Ann Smith</rs> </hi> (26)</persName>
<rs id="t18600917-754-offence-1" type="offenceDescription">
<interp inst="t18600917-754-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18600917-754-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Feloniously uttering counterfeit coin; to which she</rs> </p>
<hi rend="smallCaps">
<rs id="t18600917-754-verdict-1" type="verdictDescription">
<interp inst="t18600917-754-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600917-754-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.
<hi rend="italic">
<rs id="t18600917-754-punishment-17" type="punishmentDescription">
<interp inst="t18600917-754-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18600917-754-punishment-17" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-754-18600917 t18600917-754-punishment-17"/>Confined Four Years</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18600917-755">
<interp inst="t18600917-755" type="uri" value="sessionsPapers/18600917"/>
<interp inst="t18600917-755" type="date" value="18600917"/>
<join result="criminalCharge" id="t18600917-755-charge-1" targOrder="Y" targets="def1-755-18600917 t18600917-755-offence-1 t18600917-755-verdict-1"/>
<persName id="def1-755-18600917" type="defendantName">
<interp inst="def1-755-18600917" type="gender" value="female"/>
<interp inst="def1-755-18600917" type="age" value="21"/>
<interp inst="def1-755-18600917" type="surname" value="SMITH"/>
<interp inst="def1-755-18600917" type="given" value="ELLEN"/>
<hi rend="largeCaps">ELLEN SMITH</hi> (21)</persName>
<rs id="t18600917-755-offence-1" type="offenceDescription">
<interp inst="t18600917-755-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18600917-755-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin; to which she</rs> </p>
<hi rend="smallCaps">
<rs id="t18600917-755-verdict-1" type="verdictDescription">
<interp inst="t18600917-755-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600917-755-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.
<hi rend="italic">
<rs id="t18600917-755-punishment-18" type="punishmentDescription">
<interp inst="t18600917-755-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18600917-755-punishment-18" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-755-18600917 t18600917-755-punishment-18"/>Confined Four Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18600917-756">
<interp inst="t18600917-756" type="uri" value="sessionsPapers/18600917"/>
<interp inst="t18600917-756" type="date" value="18600917"/>
<join result="criminalCharge" id="t18600917-756-charge-1" targOrder="Y" targets="def1-756-18600917 t18600917-756-offence-1 t18600917-756-verdict-1"/>
<persName id="def1-756-18600917" type="defendantName">
<interp inst="def1-756-18600917" type="gender" value="female"/>
<interp inst="def1-756-18600917" type="age" value="30"/>
<interp inst="def1-756-18600917" type="surname" value="HOWARD"/>
<interp inst="def1-756-18600917" type="given" value="JANE"/>
<hi rend="largeCaps">JANE HOWARD</hi> (30)</persName>
<rs id="t18600917-756-offence-1" type="offenceDescription">
<interp inst="t18600917-756-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18600917-756-offence-1" type="offenceSubcategory" value="coiningOffences"/>, was indicated for a like offence; to which she</rs> </p>
<hi rend="smallCaps">
<rs id="t18600917-756-verdict-1" type="verdictDescription">
<interp inst="t18600917-756-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600917-756-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.
<hi rend="italic">
<rs id="t18600917-756-punishment-19" type="punishmentDescription">
<interp inst="t18600917-756-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18600917-756-punishment-19" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-756-18600917 t18600917-756-punishment-19"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18600917-757">
<interp inst="t18600917-757" type="uri" value="sessionsPapers/18600917"/>
<interp inst="t18600917-757" type="date" value="18600917"/>
<join result="criminalCharge" id="t18600917-757-charge-1" targOrder="Y" targets="def1-757-18600917 t18600917-757-offence-1 t18600917-757-verdict-1"/>
<persName id="def1-757-18600917" type="defendantName">
<interp inst="def1-757-18600917" type="gender" value="female"/>
<interp inst="def1-757-18600917" type="age" value="35"/>
<interp inst="def1-757-18600917" type="surname" value="PALMER"/>
<interp inst="def1-757-18600917" type="given" value="ELIZA"/>
<hi rend="largeCaps">ELIZA PALMER</hi> (35)</persName>
<rs id="t18600917-757-offence-1" type="offenceDescription">
<interp inst="t18600917-757-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18600917-757-offence-1" type="offenceSubcategory" value="coiningOffences"/>, was indicated for a like offence; to which she</rs> </p>
<hi rend="smallCaps">
<rs id="t18600917-757-verdict-1" type="verdictDescription">
<interp inst="t18600917-757-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600917-757-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.
<hi rend="italic">
<rs id="t18600917-757-punishment-20" type="punishmentDescription">
<interp inst="t18600917-757-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18600917-757-punishment-20" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-757-18600917 t18600917-757-punishment-20"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18600917-758">
<interp inst="t18600917-758" type="uri" value="sessionsPapers/18600917"/>
<interp inst="t18600917-758" type="date" value="18600917"/>
<join result="criminalCharge" id="t18600917-758-charge-1" targOrder="Y" targets="def1-758-18600917 t18600917-758-offence-1 t18600917-758-verdict-1"/>
<persName id="def1-758-18600917" type="defendantName">
<interp inst="def1-758-18600917" type="gender" value="female"/>
<interp inst="def1-758-18600917" type="age" value="32"/>
<interp inst="def1-758-18600917" type="surname" value="RILEY"/>
<interp inst="def1-758-18600917" type="given" value="ANN"/>
<hi rend="largeCaps">ANN RILEY</hi> (32)</persName>
<rs id="t18600917-758-offence-1" type="offenceDescription">
<interp inst="t18600917-758-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18600917-758-offence-1" type="offenceSubcategory" value="coiningOffences"/>, was indicated for a like offence; to which she</rs> </p>
<hi rend="smallCaps">
<rs id="t18600917-758-verdict-1" type="verdictDescription">
<interp inst="t18600917-758-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600917-758-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.
<hi rend="italic">
<rs id="t18600917-758-punishment-21" type="punishmentDescription">
<interp inst="t18600917-758-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18600917-758-punishment-21" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-758-18600917 t18600917-758-punishment-21"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18600917-759">
<interp inst="t18600917-759" type="uri" value="sessionsPapers/18600917"/>
<interp inst="t18600917-759" type="date" value="18600917"/>
<join result="criminalCharge" id="t18600917-759-charge-1" targOrder="Y" targets="def1-759-18600917 t18600917-759-offence-1 t18600917-759-verdict-1"/>
<persName id="def1-759-18600917" type="defendantName">
<interp inst="def1-759-18600917" type="gender" value="male"/>
<interp inst="def1-759-18600917" type="age" value="16"/>
<interp inst="def1-759-18600917" type="surname" value="WILLIAMSON"/>
<interp inst="def1-759-18600917" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS WILLIAMSON</hi> (16)</persName>
<rs id="t18600917-759-offence-1" type="offenceDescription">
<interp inst="t18600917-759-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18600917-759-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully having counterfeit coin in his possession.</rs> </p>
<hi rend="smallCaps">MESSRS. ELLIS</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">LAWRENCE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18600917-name-85" type="witnessName">
<interp inst="t18600917-name-85" type="gender" value="male"/>
<interp inst="t18600917-name-85" type="surname" value="BAKER"/>
<interp inst="t18600917-name-85" type="given" value="WILLIAM JAMES"/>WILLIAM JAMES BAKER</persName> </hi> I keep the Jolly Sailor public-house in St. Georges in the East—on Saturday, 25th August, the little girl, Weiler came to my house for half a quartern of spruce in a bottle—she offered a bad shilling—I kept it and she was taken to the station—after she passed the shilling, I believe I saw the prisoner standing outside the door.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-86" type="witnessName">
<interp inst="t18600917-name-86" type="gender" value="male"/>
<interp inst="t18600917-name-86" type="surname" value="BAILEY"/>
<interp inst="t18600917-name-86" type="given" value="JOHN"/>JOHN BAILEY</persName> </hi> (
<hi rend="italic">Police-sergeant, H</hi> 1). Weiler was given into my custody with this shilling—after taking her to the station I went to her house—116, Back-church-lane—I found the prisoner there in the front-room on the ground floor—he was talking to Weiler's sister, and her father and mother were in the back-room-I asked Weiler's mother if she was aware that I had her little girl at the station—she said, "No;" and asked what I had her there for—I said, "For passing a bad shilling"—the prisoner then said, "I must go"—I said., "You must stop, and I must see what you have about you before you go"—I told him to take all out of his pockets that he had in—he took out an old handkerchief and a piece of comb—I said, "Have you anything more in your pockets?" he said, "No;" I said "I must feel to see whether you have"—I put my hand in his left-hand trousers pocket and took out this little black bag—it contained seven packets of bad coin, containing ninety-two pieces—they are now in the same state as I found them—I said, "You have got a quantity of bad coin, why did not you take it out?"—he said, "I don't know"—I said, "Where did you get it?" he said, "I picked it up in Rosemary-lane—I gave him and the coin ti an officer while I searched the place.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-87" type="witnessName">
<interp inst="t18600917-name-87" type="gender" value="male"/>
<interp inst="t18600917-name-87" type="surname" value="HALL"/>
<interp inst="t18600917-name-87" type="given" value="ALFRED ALEXANDER"/>ALFRED ALEXANDER HALL</persName> </hi> (
<hi rend="italic">Policeman, H</hi> 127). I was with the last witness—he handed me this bag containing counterfeit coin—I have kept it ever since—previous to that I had seen the prisoner in company with the</p>
<xptr type="pageFacsimile" doc="186009170020"/>
<p>little girl in the Highway, about twenty yards from the Jolly Sailor; they were walking towards it—the prisoner gave the name of williamson, and said he had no home; he had just come from Liverpool.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-88" type="witnessName">
<interp inst="t18600917-name-88" type="gender" value="male"/>
<interp inst="t18600917-name-88" type="surname" value="WEBSTER"/>
<interp inst="t18600917-name-88" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi> I am inspector of coin to the Royal Mint—this shilling that was uttered is a bed one—heere are seven packets containing ninety-two pieces of counterfeit coin in this bag—the pieces are separated one from the other—here are twenty-nine shillings, and several of them are from the same mould as the one that was uttered—here are four florins, forty sixpences, and twenty 4
<hi rend="italic">d</hi>. pieces—they are all bad.</p>
<hi rend="italic">Prisoner's Defence.</hi> I was going along the Commercial-road saw a woman drop the bag; I took it up. The policeman did not give me time to pull the money out of my pocket.</p>
<rs id="t18600917-759-verdict-1" type="verdictDescription">
<interp inst="t18600917-759-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600917-759-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>. </rs>
<rs id="t18600917-759-punishment-22" type="punishmentDescription">
<interp inst="t18600917-759-punishment-22" type="punishmentCategory" value="noPunish"/>
<interp inst="t18600917-759-punishment-22" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-759-18600917 t18600917-759-punishment-22"/>
<hi rend="italic">Judgment Respited</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18600917-760">
<interp inst="t18600917-760" type="uri" value="sessionsPapers/18600917"/>
<interp inst="t18600917-760" type="date" value="18600917"/>
<join result="criminalCharge" id="t18600917-760-charge-1" targOrder="Y" targets="def1-760-18600917 t18600917-760-offence-1 t18600917-760-verdict-1"/>
<join result="criminalCharge" id="t18600917-760-charge-2" targOrder="Y" targets="def2-760-18600917 t18600917-760-offence-1 t18600917-760-verdict-1"/>
<persName id="def1-760-18600917" type="defendantName">
<interp inst="def1-760-18600917" type="gender" value="male"/>
<interp inst="def1-760-18600917" type="age" value="16"/>
<interp inst="def1-760-18600917" type="surname" value="WILLIAMSON"/>
<interp inst="def1-760-18600917" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS WILLIAMSON</hi> </persName> was
<hi rend="italic">again</hi> indicted, together with
<persName id="def2-760-18600917" type="defendantName">
<interp inst="def2-760-18600917" type="gender" value="female"/>
<interp inst="def2-760-18600917" type="age" value="16"/>
<interp inst="def2-760-18600917" type="surname" value="WEILER"/>
<interp inst="def2-760-18600917" type="given" value="EMILY"/>
<hi rend="largeCaps">EMILY WEILER</hi> (16)</persName>
<rs id="t18600917-760-offence-1" type="offenceDescription">
<interp inst="t18600917-760-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18600917-760-offence-1" type="offenceSubcategory" value="coiningOffences"/>, for unlawfully uttering counterfeit coin,</rs> on which
<rs id="t18600917-760-verdict-1" type="verdictDescription">
<interp inst="t18600917-760-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18600917-760-verdict-1" type="verdictSubcategory" value="noEvidence"/>no evidence was offered.</rs> </p> </div1>
<div1 type="trialAccount" id="t18600917-761">
<interp inst="t18600917-761" type="uri" value="sessionsPapers/18600917"/>
<interp inst="t18600917-761" type="date" value="18600917"/>
<join result="criminalCharge" id="t18600917-761-charge-1" targOrder="Y" targets="def1-761-18600917 t18600917-761-offence-1 t18600917-761-verdict-1"/>
<persName id="def1-761-18600917" type="defendantName">
<interp inst="def1-761-18600917" type="gender" value="male"/>
<interp inst="def1-761-18600917" type="age" value="22"/>
<interp inst="def1-761-18600917" type="surname" value="EDWARDS"/>
<interp inst="def1-761-18600917" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE EDWARDS</hi> (22)</persName>
<rs id="t18600917-761-offence-1" type="offenceDescription">
<interp inst="t18600917-761-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18600917-761-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MESSRS. ELLIS</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">LAWRENCE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18600917-name-92" type="witnessName">
<interp inst="t18600917-name-92" type="gender" value="male"/>
<interp inst="t18600917-name-92" type="surname" value="WILLIAMS"/>
<interp inst="t18600917-name-92" type="given" value="WILLIAM"/>WILLIAM WILLIAMS</persName> </hi>. I keep the White Horse in Church-street, chelsea—my wife, Mary Ann Williams, is very ill; I left her in bed—I have a medical certificate, which I saw signed on Sunday morning—she has miscar
<lb/>ried—I was at the police office; I saw the depositions taken and heard them read—the prisoner was there, and we wre asked if they were correct.</p>
<hi rend="italic">The deposition of Mary Ann Williams was read as follows:-</hi>"I am the wife of William Williams; he keeps the White Horse in Church-street, Chelasea—On 1st August the prisoner came about 8 in the evening—I served him with two-pennyworth of gin and cold water—he gave me half-a-crown in payment—I put the change, 2
<hi rend="italic">s</hi>. 4
<hi rend="italic">s</hi>., down there—I looked at the half-crown and found it was bad—I told the prisoner it was bad, and went to the foot of the stairs and called loudly 'William'—the prisoner took up the 2
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>. change, ran away, and left the gin and water—on the Saturday fol
<lb/>lowing I was called to the bar and saw the prisoner there, detained by my husband and a policeman—I said "That is the man who gave me a bad half-crown on Wednesday night"—I took the half-crown from where I had put it, my pocket—I had kept it there all the time—I gave it to my husband and saw him give it to the policeman.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-93" type="witnessName">
<interp inst="t18600917-name-93" type="gender" value="male"/>
<interp inst="t18600917-name-93" type="surname" value="WILLIAMS"/>
<interp inst="t18600917-name-93" type="given" value="WILLIAM"/>WILLIAM WILLIAMS</persName> </hi> (
<hi rend="italic">re-examined</hi>). On Saturday, 4th August, the prisoner came to my bar for two-pennyworth of gin and warm water—he put down a 5
<hi rend="italic">s</hi>. piece—I gave him 4
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>. change—I looked at the 5
<hi rend="italic">s</hi>. piece; I rang it and put it in my waistcoat pocket—I had no other money there—I took it out in about a minute, and handed it to a man who stood at the bar, for his opinion, he having a better set of teeth than I have—the prisoner was at the bar and must have heard what was said—he was about three yards from him—the man bit the 5
<hi rend="italic">s</hi>. piece, and the prisoner walked out of the house—I got the 5
<hi rend="italic">s</hi>. piece, out of the man's hand; I never lost sight of it for a moment—I went after the prisoner and told him he had given me a bad 5
<hi rend="italic">s</hi>. piece—he said he did not know that he had, or words to that effect—he lugged the whole of the money that he had out of his pocket—I took back my money, sent for a policeman, and gave the prisoner in custody—I gave the police
<lb/>man the crown, and also a half-crown which I got from my wife.</p>
<hi rend="italic">Prisoner.</hi> I gave him the crown, I did not know it was bad; I never was in the house before.</p>
<xptr type="pageFacsimile" doc="186009170021"/>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Was the prisoner taken in custody in the house?
<hi rend="italic">A.</hi> Yes; my wife saw him, and she said, "That looks like the back of the man that gave me the bad half-crown"—the policeman told the prisoner to turn round and look my wife full in the face—he did so, and she said "That is the man that gave me the bad half-crown on Wednesday night, and afterwards ran out of the house."</p>
<hi rend="smallCaps">
<persName id="t18600917-name-94" type="witnessName">
<interp inst="t18600917-name-94" type="gender" value="male"/>
<interp inst="t18600917-name-94" type="surname" value="BARNES"/>
<interp inst="t18600917-name-94" type="given" value="CHARLES"/>CHARLES BARNES</persName> </hi>. I was in the police, No. 215 B, on 4th Augugust, and I was called to Mr. Williams'—he gave me this crown and half-crown, and I took the priosner in custody—he had 2
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>. in good money on him—he gave his address, No. 42, Rathbone-place—I went there and found it was false</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did Mr. Williams say anythings?
<hi rend="italic">A.</hi> Yes. Mr. William called his wife and said he was going to the station, and she came and said "That looks like the back of the man that gave me the bad half-crown—I told the prisoner to turn round and he did, and she then said, "That is the man that gave me the half-crown on Wednesday night and ran away."</p>
<hi rend="smallCaps">
<persName id="t18600917-name-95" type="witnessName">
<interp inst="t18600917-name-95" type="gender" value="male"/>
<interp inst="t18600917-name-95" type="surname" value="WEBSTER"/>
<interp inst="t18600917-name-95" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are both bad.</p>
<hi rend="smallCaps">
<rs id="t18600917-761-verdict-1" type="verdictDescription">
<interp inst="t18600917-761-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600917-761-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">
<rs id="t18600917-761-punishment-23" type="punishmentDescription">
<interp inst="t18600917-761-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18600917-761-punishment-23" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-761-18600917 t18600917-761-punishment-23"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18600917-762">
<interp inst="t18600917-762" type="uri" value="sessionsPapers/18600917"/>
<interp inst="t18600917-762" type="date" value="18600917"/>
<join result="criminalCharge" id="t18600917-762-charge-1" targOrder="Y" targets="def1-762-18600917 t18600917-762-offence-1 t18600917-762-verdict-1"/>
<join result="criminalCharge" id="t18600917-762-charge-2" targOrder="Y" targets="def2-762-18600917 t18600917-762-offence-1 t18600917-762-verdict-2"/>
<persName id="def1-762-18600917" type="defendantName">
<interp inst="def1-762-18600917" type="gender" value="male"/>
<interp inst="def1-762-18600917" type="age" value="25"/>
<interp inst="def1-762-18600917" type="surname" value="SMITH"/>
<interp inst="def1-762-18600917" type="given" value="MAURICE"/>
<hi rend="largeCaps">MAURICE SMITH</hi> (25)</persName>, and
<persName id="def2-762-18600917" type="defendantName">
<interp inst="def2-762-18600917" type="gender" value="male"/>
<interp inst="def2-762-18600917" type="age" value="24"/>
<interp inst="def2-762-18600917" type="surname" value="ORCHARD"/>
<interp inst="def2-762-18600917" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN ORCHARD</hi> (24)</persName>
<rs id="t18600917-762-offence-1" type="offenceDescription">
<interp inst="t18600917-762-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18600917-762-offence-1" type="offenceSubcategory" value="coiningOffences"/>, were in
<lb/>dicated for a like offence.</rs> </p>
<hi rend="largeCaps">MAURICE SMITH</hi>
<hi rend="smallCaps">
<rs id="t18600917-762-verdict-1" type="verdictDescription">
<interp inst="t18600917-762-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600917-762-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18600917-762-punishment-24" type="punishmentDescription">
<interp inst="t18600917-762-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t18600917-762-punishment-24" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-762-18600917 t18600917-762-punishment-24"/>Confined Twelve Months</rs>.</hi> </p>
<hi rend="smallCaps">MESSRS. ELLIS</hi> and
<hi rend="smallCaps">LAWRENCE</hi> conducted the prosecution</p>
<hi rend="smallCaps">
<persName id="t18600917-name-98" type="witnessName">
<interp inst="t18600917-name-98" type="gender" value="female"/>
<interp inst="t18600917-name-98" type="surname" value="VINCENT"/>
<interp inst="t18600917-name-98" type="given" value="ELIZA"/>ELIZA VINCENT</persName> </hi>. I keep the Peterborough Arms, in King's-road, Fulham.—on Friday, 10th August, about 7 o'clock in the evening the prisoners came into my house; Smith asked for a pint of porter, and gave me half a crown—I tried it and it bent—I told him it was bad he said he was not aware of it, he took it at Putney, and then he said from his employer—Orchard offered a shilling to pay for the porter, and smith asked me for the half-crown that he might go to he is employer—I did not allow him have it—they went away together and did not come back—I marked the half-crown a few minutes after they were gone, and kept it by itself in my pocket—I afterwards gave it to the constable.</p>
<hi rend="italic">Orchard. Q.</hi> Are you quite sure I am the person that came into your house?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-99" type="witnessName">
<interp inst="t18600917-name-99" type="gender" value="female"/>
<interp inst="t18600917-name-99" type="surname" value="BARR"/>
<interp inst="t18600917-name-99" type="given" value="MARY ANN"/>MARY ANN BARR</persName> </hi> I am the wife of Henry Barr; he keeps the Hand and Flower in King's road, Fulham—on Saturday 10th August, the two prisoners came in together, and Orchard asked for a pint of porter—he offered me a half-crown—I tried it with my teeth—I told him it was bad, and I returned it to him—he ws very angry; Smith said he would pay—they drank the beer together and went out together—I pointed out the prisoner to my husband.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-100" type="witnessName">
<interp inst="t18600917-name-100" type="gender" value="male"/>
<interp inst="t18600917-name-100" type="surname" value="BARR"/>
<interp inst="t18600917-name-100" type="given" value="HENRY"/>HENRY BARR</persName> </hi>. I am the husband of the last witness—she pointed out the prisoners to me; they were then in the open road, a short distance from my house, scuffling together—Smith was holding Orchard asif he had been drunk—I followed them and passed them—I looked back and I found they had turned back—I walked back and met Orchard coming out of the Nell Gwyne public-house—Smith was out and they joined-I went into the Nell Gwynne and then followed the prisoners; they went on to Cremorne Gar
<lb/>dens and into the World's End—I saw them place a coin on the counter—I went in and asked the person if it was a good half-crown that they had given—she took it out of the till and said, "I don't think it is;" she gae it to the barman, and he said that it was rank bad—I said to the prisoners "I have</p>
<xptr type="pageFacsimile" doc="186009170022"/>
<p>got you now; I have been following you far enough"—the barmaid gave me a half-crown after marking it—the prisoners were by at the time.</p>
<hi rend="italic">Orchard.</hi> I never was in either of the houses, neither yours nor the others.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-101" type="witnessName">
<interp inst="t18600917-name-101" type="gender" value="male"/>
<interp inst="t18600917-name-101" type="surname" value="LANE"/>
<interp inst="t18600917-name-101" type="given" value="GEORGE EDWARD"/>GEORGE EDWARD LANE</persName> </hi>. I keep the Nell Gwynne—on 10th August, Smith came to my bar between 7 and 8 o'clock—he asked for a pink of half-and-half, and gave me a half-crown—I broke it in two and put it on the counter—he took it up and said he knew where he took it—he then called for half a pint of beer and gave me a penny—Orchard came in at another door—Smith went out and Orchard went out not a minute after him.</p>
<hi rend="italic">Orchard. Q.</hi> What did I have in your house?
<hi rend="italic">A.</hi> Nothing—you came in and I told you smoking was not allowed—you were not in the same part with Smith.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-102" type="witnessName">
<interp inst="t18600917-name-102" type="gender" value="female"/>
<interp inst="t18600917-name-102" type="surname" value="PUSEY"/>
<interp inst="t18600917-name-102" type="given" value="ELIZABETH"/>ELIZABETH PUSEY</persName> </hi>. I live at the World's End—on 10th August both the prisoner came in between 7 and 8 o'clock in the evening—one of them called for a pint of beer and put down a half-crown—I put down the change and Smith took it up—I put the half-crown in the till—there were two-shilling pieces, shillings, and sixpences there but no other half-crown—Mr. Barr came in directly and said "Was that a good half-grown?"—I took it out of the till and gave it to the barman; he tried it with his teech and said, "It is a rank bad one"—I marked it and gave it to the constable.</p>
<hi rend="italic">Orchard.</hi> Did I call for the porter?
<hi rend="italic">A.</hi> I don't know—one of you did—I don't know who put the money down but you said that you gave me a two-shilling piece.
<hi rend="smallCaps">WILLIAM ARIS</hi> (
<hi rend="italic">Policeman, 351, V</hi>). I took the prisoners—this half-crown was produced in their presence—it was marked—I got this other half-crown from Mrs. Vincent at the Peterborough Arms—it was marked—I serached the prisoners in the World's End—when I was about to search Smith he struck me in the face and knocked me down—I threw him on the ground and searched him—I found on Orchard 2 1/2
<hi rend="italic">d</hi> </p>
<hi rend="smallCaps">
<persName id="t18600917-name-103" type="witnessName">
<interp inst="t18600917-name-103" type="gender" value="female"/>
<interp inst="t18600917-name-103" type="surname" value="VINCENT"/>
<interp inst="t18600917-name-103" type="given" value="ELIZA"/>ELIZA VINCENT</persName> </hi> (
<hi rend="italic">re-examined</hi>). This is the half-crown Smith gave me—I gave it to the constable on 11th August.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-104" type="witnessName">
<interp inst="t18600917-name-104" type="gender" value="male"/>
<interp inst="t18600917-name-104" type="surname" value="WEBSTER"/>
<interp inst="t18600917-name-104" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These half-crowns are bad and from the same mould.</p>
<hi rend="italic">Orchard's Defence.</hi> I was not in any public-house but the World's End—I was not passing and bad money.</p>
<hi rend="largeCaps">ORCHARD</hi>
<hi rend="smallCaps">
<rs id="t18600917-762-verdict-2" type="verdictDescription">
<interp inst="t18600917-762-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18600917-762-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18600917-762-punishment-25" type="punishmentDescription">
<interp inst="t18600917-762-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t18600917-762-punishment-25" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-762-18600917 t18600917-762-punishment-25"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18600917-763">
<interp inst="t18600917-763" type="uri" value="sessionsPapers/18600917"/>
<interp inst="t18600917-763" type="date" value="18600917"/>
<join result="criminalCharge" id="t18600917-763-charge-1" targOrder="Y" targets="def1-763-18600917 t18600917-763-offence-1 t18600917-763-verdict-1"/>
<persName id="def1-763-18600917" type="defendantName">
<interp inst="def1-763-18600917" type="gender" value="male"/>
<interp inst="def1-763-18600917" type="age" value="17"/>
<interp inst="def1-763-18600917" type="surname" value="BURKE"/>
<interp inst="def1-763-18600917" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN BURKE</hi> (17)</persName>, was indicted
<rs id="t18600917-763-offence-1" type="offenceDescription">
<interp inst="t18600917-763-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18600917-763-offence-1" type="offenceSubcategory" value="coiningOffences"/>for a like offence.</rs> </p>
<hi rend="smallCaps">MR. POLAND</hi>
<hi rend="italic">Conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18600917-name-106" type="witnessName">
<interp inst="t18600917-name-106" type="gender" value="male"/>
<interp inst="t18600917-name-106" type="surname" value="SANKEY"/>
<interp inst="t18600917-name-106" type="given" value="EDWARD"/>EDWARD SANKEY</persName> </hi>. I keep a coffee-stall at Maida-hill Tunnel—the pri-soner came to me about a month ago and had some coffee and bread and butter—he gave me a shilling—I gave him change and when I went to change the shilling it was bad—I took it home and placed it on the mantel
<lb/>shelf—I gave it to the officer afterwards—the prisoner came again on the fast day of August—he then owed me a penny—he had had a cup of coffee and a slice of bread and butter on the Thursday and did not pay, and on the 31st he came and had some more which made 2
<hi rend="italic">d</hi>.; he gave me a shilling to pay—I put it in my pocket—it was the only shilling I had—I went to a neigh-bour and changed a sixpence—I had some sixpences and the barmaid gave me 2
<hi rend="italic">d</hi>. and a fourpenny
<hi rend="italic">bit</hi>—I gave the prisoner change—I took the shilling home and afterwards found it was bad—I gave it to a man at a butter shop and he bit it—here is the mark on it now—the prisoner came again to my stall on the morning of 1st September—he had some coffee and bread and</p>
<xptr type="pageFacsimile" doc="186009170023"/>
<p>butter and gave me another shilling—I ran up to the barmaid in the May Pole and asked her what it was—she said it was bad; I did not lose sight of it—there was no one there but me—I came back and said to the prisoner "You gave me a bad shilling yesterday and another this morning"—he said "Don't be hard upon me, tell me where you like and I will see you at night and give you good money"—a constable came up and I gave the prisoner in charge, with the three shillings.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-107" type="witnessName">
<interp inst="t18600917-name-107" type="gender" value="male"/>
<interp inst="t18600917-name-107" type="surname" value="KERRIDGE"/>
<interp inst="t18600917-name-107" type="given" value="DANIEL FREDERICK"/>DANIEL FREDERICK KERRIDGE</persName> </hi> (
<hi rend="italic">Police-serjeant 6, D</hi>). On Saturday, 1st September, I was at the prosecutor's stall and the prisoner was given in my custody—I received these three shillings from the prosecutor—the prisoner gave his address 29, Norfolk-street, which I found to be correct—the name he gave is not his proper name.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-108" type="witnessName">
<interp inst="t18600917-name-108" type="gender" value="male"/>
<interp inst="t18600917-name-108" type="surname" value="WEBSTER"/>
<interp inst="t18600917-name-108" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These shillings are all bad.</p>
<hi rend="italic">The Prisoner received a good character.</hi>
<hi rend="smallCaps">
<rs id="t18600917-763-verdict-1" type="verdictDescription">
<interp inst="t18600917-763-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18600917-763-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18600917-764">
<interp inst="t18600917-764" type="uri" value="sessionsPapers/18600917"/>
<interp inst="t18600917-764" type="date" value="18600917"/>
<join result="criminalCharge" id="t18600917-764-charge-1" targOrder="Y" targets="def1-764-18600917 t18600917-764-offence-1 t18600917-764-verdict-1"/>
<persName id="def1-764-18600917" type="defendantName">
<interp inst="def1-764-18600917" type="gender" value="male"/>
<interp inst="def1-764-18600917" type="age" value="25"/>
<interp inst="def1-764-18600917" type="surname" value="ABBOTT"/>
<interp inst="def1-764-18600917" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN ABBOTT</hi> (25)</persName>
<rs id="t18600917-764-offence-1" type="offenceDescription">
<interp inst="t18600917-764-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18600917-764-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery, with a women unknown, on
<persName id="t18600917-name-110" type="victimName">
<interp inst="t18600917-name-110" type="gender" value="male"/>
<interp inst="t18600917-name-110" type="surname" value="STRUGES"/>
<interp inst="t18600917-name-110" type="given" value="CHARLES HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18600917-764-offence-1 t18600917-name-110"/>Charles Henry Struges</persName>, and stealing from his person 1 watch and 1 watch
<lb/>chain value 9
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>. his property, having been before convicted; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18600917-764-verdict-1" type="verdictDescription">
<interp inst="t18600917-764-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600917-764-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18600917-764-punishment-26" type="punishmentDescription">
<interp inst="t18600917-764-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t18600917-764-punishment-26" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-764-18600917 t18600917-764-punishment-26"/>Six Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18600917-765">
<interp inst="t18600917-765" type="uri" value="sessionsPapers/18600917"/>
<interp inst="t18600917-765" type="date" value="18600917"/>
<join result="criminalCharge" id="t18600917-765-charge-1" targOrder="Y" targets="def1-765-18600917 t18600917-765-offence-1 t18600917-765-verdict-1"/>
<persName id="def1-765-18600917" type="defendantName">
<interp inst="def1-765-18600917" type="gender" value="male"/>
<interp inst="def1-765-18600917" type="age" value="13"/>
<interp inst="def1-765-18600917" type="surname" value="KILCOYNE"/>
<interp inst="def1-765-18600917" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS KILCOYNE</hi> (13)</persName>
<rs id="t18600917-765-offence-1" type="offenceDescription">
<interp inst="t18600917-765-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600917-765-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing 1
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., the property of
<persName id="t18600917-name-112" type="victimName">
<interp inst="t18600917-name-112" type="gender" value="male"/>
<interp inst="t18600917-name-112" type="surname" value="TILLING"/>
<interp inst="t18600917-name-112" type="given" value="ADOLPHUS"/>
<join result="offenceVictim" targOrder="Y" targets="t18600917-765-offence-1 t18600917-name-112"/>Adolphus Tilling</persName>, from the person of
<persName id="t18600917-name-113" type="victimName">
<interp inst="t18600917-name-113" type="gender" value="female"/>
<interp inst="t18600917-name-113" type="surname" value="TILLING"/>
<interp inst="t18600917-name-113" type="given" value="HANNAH"/>
<join result="offenceVictim" targOrder="Y" targets="t18600917-765-offence-1 t18600917-name-113"/>Hannah Tilling</persName>; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18600917-765-verdict-1" type="verdictDescription">
<interp inst="t18600917-765-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600917-765-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18600917-765-punishment-27" type="punishmentDescription">
<interp inst="t18600917-765-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t18600917-765-punishment-27" type="punishmentSubcategory" value="newgate"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-765-18600917 t18600917-765-punishment-27"/>Confined One Month in Newgate</rs>, and
<rs id="t18600917-765-punishment-28" type="punishmentDescription">
<interp inst="t18600917-765-punishment-28" type="punishmentCategory" value="imprison"/>
<interp inst="t18600917-765-punishment-28" type="punishmentSubcategory" value="otherInstitution"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-765-18600917 t18600917-765-punishment-28"/>Four Years in a Reformatory.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18600917-766">
<interp inst="t18600917-766" type="uri" value="sessionsPapers/18600917"/>
<interp inst="t18600917-766" type="date" value="18600917"/>
<join result="criminalCharge" id="t18600917-766-charge-1" targOrder="Y" targets="def1-766-18600917 t18600917-766-offence-1 t18600917-766-verdict-1"/>
<join result="criminalCharge" id="t18600917-766-charge-2" targOrder="Y" targets="def1-766-18600917 t18600917-766-offence-2 t18600917-766-verdict-1"/>
<persName id="def1-766-18600917" type="defendantName">
<interp inst="def1-766-18600917" type="gender" value="male"/>
<interp inst="def1-766-18600917" type="age" value="36"/>
<interp inst="def1-766-18600917" type="surname" value="NORTHOVER"/>
<interp inst="def1-766-18600917" type="given" value="JASPER"/>
<hi rend="largeCaps">JASPER NORTHOVER</hi> (36)</persName>
<rs id="t18600917-766-offence-1" type="offenceDescription">
<interp inst="t18600917-766-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600917-766-offence-1" type="offenceSubcategory" value="embezzlement"/>, Embezzling the sums of 4
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>., and 15
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>., and 30
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>.;</rs>
<rs id="t18600917-766-offence-2" type="offenceDescription">
<interp inst="t18600917-766-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18600917-766-offence-2" type="offenceSubcategory" value="embezzlement"/>also 4
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. 14
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>., and 4
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>., the property of
<persName id="t18600917-name-115" type="victimName">
<interp inst="t18600917-name-115" type="gender" value="male"/>
<interp inst="t18600917-name-115" type="surname" value="TUPPER"/>
<interp inst="t18600917-name-115" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18600917-766-offence-2 t18600917-name-115"/>William Tupper</persName> and another, his masters;</rs> to which he</p>
<hi rend="smallCaps">
<rs id="t18600917-766-verdict-1" type="verdictDescription">
<interp inst="t18600917-766-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600917-766-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18600917-766-punishment-29" type="punishmentDescription">
<interp inst="t18600917-766-punishment-29" type="punishmentCategory" value="imprison"/>
<interp inst="t18600917-766-punishment-29" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-766-18600917 t18600917-766-punishment-29"/>Four Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18600917-767">
<interp inst="t18600917-767" type="uri" value="sessionsPapers/18600917"/>
<interp inst="t18600917-767" type="date" value="18600917"/>
<join result="criminalCharge" id="t18600917-767-charge-1" targOrder="Y" targets="def1-767-18600917 t18600917-767-offence-1 t18600917-767-verdict-1"/>
<persName id="def1-767-18600917" type="defendantName">
<interp inst="def1-767-18600917" type="gender" value="male"/>
<interp inst="def1-767-18600917" type="age" value="25"/>
<interp inst="def1-767-18600917" type="surname" value="JAMES"/>
<interp inst="def1-767-18600917" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES JAMES</hi>,
<hi rend="italic">alias</hi>
<rs id="t18600917-alias-2" type="alias">
<join result="nameAlias" targOrder="Y" targets="def1-767-18600917 t18600917-alias-2"/>James Grainger</rs> </persName>, (25),
<rs id="t18600917-767-offence-1" type="offenceDescription">
<interp inst="t18600917-767-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18600917-767-offence-1" type="offenceSubcategory" value="coiningOffences"/> Feloniously uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MESSRS. ELLIS</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">LAWRENCE</hi>
<hi rend="italic">conduced the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18600917-name-117" type="witnessName">
<interp inst="t18600917-name-117" type="gender" value="male"/>
<interp inst="t18600917-name-117" type="surname" value="FOY"/>
<interp inst="t18600917-name-117" type="given" value="WILLIAM"/>WILLIAM FOY</persName> </hi> (
<hi rend="italic">Police-serjeant, 9 T</hi>). I produce a certificate of conviction at this Court in November, 1859 (
<hi rend="italic">read: Charles James, convicted of utter
<lb/>ing counterfeit coin. Pleaded Guilty, and imprisoned Nine Months."</hi>)—the prisoner is the person mentioned in that certificate—I was present.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-118" type="witnessName">
<interp inst="t18600917-name-118" type="gender" value="female"/>
<interp inst="t18600917-name-118" type="surname" value="LEATHER"/>
<interp inst="t18600917-name-118" type="given" value="MARY"/>MARY LEATHER</persName> </hi>. I keep the Stag and Hounds public-house at Brentford—I saw the prisoner on 28th August last at my bar—he asked for a bottle of ginger-beer, which was 2
<hi rend="italic">d</hi>.—he gave me a two-shilling piece and I gave him the change—my daughter met him at the door when he was going out—I gave the florin to her and she tried it—I looked at it, found it was bad, and market it; I should know it again—I had no other florin in my possession—that was about half-past 6 in the evening—I sent for a police-constable.</p>
<hi rend="italic">Prisoner. Q.</hi> Did you notice the florin was bad when I gave it to you?
<hi rend="italic">A.</hi> No, I did not—I gave it to my daugher when she came in; she marked it with her teeth—she followed you and gave it to the constable.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-119" type="witnessName">
<interp inst="t18600917-name-119" type="gender" value="female"/>
<interp inst="t18600917-name-119" type="surname" value="LONG"/>
<interp inst="t18600917-name-119" type="given" value="ELIZA"/>ELIZA LONG</persName> </hi>. I am the wife of Edward Long of North-row, and the daugher of the last witness—on 28th August last, in consequence of some
<lb/>thing said to me, I went after the prisoner about half-past 6 in the evening—he went into my mother's house—she gave me a florin; I tried it with my teeth and it was bad—I afterwards sent for a policeman—I gave the florin to my sister and she gave it to the policeman—I saw her give it him—I never lost sight of it—I should know the florin again if I saw it.</p>
<xptr type="pageFacsimile" doc="186009170024"/>
<hi rend="italic">Prisoner. Q.</hi> Where did you give your sister the florin?
<hi rend="italic">A.</hi> At the door, and she gave it to the policeman at the same place—Mrs. Long had not marked the florin when you were taken, she marked it afterwards.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-120" type="witnessName">
<interp inst="t18600917-name-120" type="gender" value="female"/>
<interp inst="t18600917-name-120" type="surname" value="CHURCH"/>
<interp inst="t18600917-name-120" type="given" value="MARY ANN"/>MARY ANN CHURCH</persName> </hi>. I am the wife of Charles Church, he keeps the Royal Buck, at Brentford—on Tuesday, 28th August last, a little after 6 in the evening, I saw the prisoner at my house—he came for a glass of ale, which came to three halfpence—he offered a half-crown—I found it was bad and told him so—I laid it on the tap-room table—he said he said he did not know it was bad—he gave me a good florin, and I gave him the change.</p>
<hi rend="italic">Prisoner. Q.</hi> Will you swear that I am the man?
<hi rend="italic">A.</hi> Yes—I made communication to Mrs. Long after that.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-121" type="witnessName">
<interp inst="t18600917-name-121" type="gender" value="male"/>
<interp inst="t18600917-name-121" type="surname" value="DOWLER"/>
<interp inst="t18600917-name-121" type="given" value="JOHN FREDERICK"/>JOHN FREDERICK DOWLER</persName> </hi> (
<hi rend="italic">Policeman, T</hi> 69). On Tuesday evening, 28th August, I was sent for to Brentford to take the prosoner—when I first saw him he was about 200 yards in front of me; Mrs. Long was close by—directly he saw me, he ran away—I took him in a corn-field in Hatton-lane—he ran about half a mile; he was behind a sheaf—I told him what he was charged with, searched him, and found twelve shillings, nine sixpences, a threepenny and fourpenny piece, and one shilling and a halfpenny in copper—Mrs. Long's sister gave me this florin (
<hi rend="italic">produced</hi>)—it was marked before it was given to me with one tooth mark—it was given to me in the corn-field.</p>
<hi rend="italic">Prisoner. Q.</hi> Did you lose sight of me when I was running?
<hi rend="italic">A.</hi> I lost sight of you when you went through the hedge; but as soon as I got through the helge, I saw the sheaf of wheat move and I ran round and took you—I saw you put an envelope in your mouth; it was addressed to your brother in Cold-bath Fields—I have not got it—I gave it to the sergeant at the police-station.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-122" type="witnessName">
<interp inst="t18600917-name-122" type="gender" value="female"/>
<interp inst="t18600917-name-122" type="surname" value="LONG"/>
<interp inst="t18600917-name-122" type="given" value="ELIZA"/>ELIZA LONG</persName> </hi> (
<hi rend="italic">re-examined</hi>). This is the florin I saw my sister give to the policeman—I know it again.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-123" type="witnessName">
<interp inst="t18600917-name-123" type="gender" value="male"/>
<interp inst="t18600917-name-123" type="surname" value="WEBSTER"/>
<interp inst="t18600917-name-123" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This is a bad florin.</p>
<hi rend="italic">Prisoner's Defence.</hi> Mrs. Church says I came into her house and had a glass of ale, and gave her a half-crown in payment. At Uxbridge she said I pulled out a soverign and some other money: when the policeman searched me, he did not find anything on me.</p>
<hi rend="smallCaps">
<rs id="t18600917-767-verdict-1" type="verdictDescription">
<interp inst="t18600917-767-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600917-767-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18600917-767-punishment-30" type="punishmentDescription">
<interp inst="t18600917-767-punishment-30" type="punishmentCategory" value="imprison"/>
<interp inst="t18600917-767-punishment-30" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-767-18600917 t18600917-767-punishment-30"/>Six Years' Penal Servitude.</rs> </hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, September</hi> 19
<hi rend="italic">th</hi>, 1860.</p>
<hi rend="largeCaps">PRESENT</hi>
<hi rend="smallCaps">MR. JUSTICE BYLES</hi>; Mr. Ald.
<hi rend="smallCaps">COPELAND</hi>, M.P.;
<hi rend="smallCaps">SIR JAMES DUKE</hi>, Ald. M.P.;
<hi rend="smallCaps">SIR ROBERT WALTER CARDEN</hi>, Knt., Ald.; and
<hi rend="smallCaps">ROBERT MALCOLM KERR</hi>, Esq.</p>
<hi rend="italic">Before Robert Malcolm Kerr, Esq.</hi> </p>
<div1 type="trialAccount" id="t18600917-768">
<interp inst="t18600917-768" type="uri" value="sessionsPapers/18600917"/>
<interp inst="t18600917-768" type="date" value="18600917"/>
<join result="criminalCharge" id="t18600917-768-charge-1" targOrder="Y" targets="def1-768-18600917 t18600917-768-offence-1 t18600917-768-verdict-1"/>
<persName id="def1-768-18600917" type="defendantName">
<interp inst="def1-768-18600917" type="gender" value="female"/>
<interp inst="def1-768-18600917" type="age" value="44"/>
<interp inst="def1-768-18600917" type="surname" value="SMITH"/>
<interp inst="def1-768-18600917" type="given" value="SARAH"/>
<hi rend="largeCaps">SARAH SMITH</hi> (44)</persName>
<rs id="t18600917-768-offence-1" type="offenceDescription">
<interp inst="t18600917-768-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18600917-768-offence-1" type="offenceSubcategory" value="burglary"/>, Burglary in the dwelling-house of
<persName id="t18600917-name-125" type="victimName">
<interp inst="t18600917-name-125" type="gender" value="male"/>
<interp inst="t18600917-name-125" type="surname" value="LATTER"/>
<interp inst="t18600917-name-125" type="given" value="RICHARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18600917-768-offence-1 t18600917-name-125"/>Richard Latter</persName>, and stealing 2 saucepans, value 3
<hi rend="italic">s</hi>., his property, having been before convicted of felony; to which she</rs> </p>
<hi rend="smallCaps">
<rs id="t18600917-768-verdict-1" type="verdictDescription">
<interp inst="t18600917-768-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600917-768-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.**—
<hi rend="italic">
<rs id="t18600917-768-punishment-31" type="punishmentDescription">
<interp inst="t18600917-768-punishment-31" type="punishmentCategory" value="imprison"/>
<interp inst="t18600917-768-punishment-31" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-768-18600917 t18600917-768-punishment-31"/>Confined Six Months</rs>.</hi> </p>
<hi rend="italic">Before Mr. Justice Byles.</hi> </p> </div1>
<div1 type="trialAccount" id="t18600917-769">
<interp inst="t18600917-769" type="uri" value="sessionsPapers/18600917"/>
<interp inst="t18600917-769" type="date" value="18600917"/>
<join result="criminalCharge" id="t18600917-769-charge-1" targOrder="Y" targets="def1-769-18600917 t18600917-769-offence-1 t18600917-769-verdict-1"/>
<join result="criminalCharge" id="t18600917-769-charge-2" targOrder="Y" targets="def2-769-18600917 t18600917-769-offence-1 t18600917-769-verdict-1"/>
<persName id="def1-769-18600917" type="defendantName">
<interp inst="def1-769-18600917" type="gender" value="male"/>
<interp inst="def1-769-18600917" type="surname" value="SLATER"/>
<interp inst="def1-769-18600917" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM SLATER</hi> </persName>, and
<persName id="def2-769-18600917" type="defendantName">
<interp inst="def2-769-18600917" type="gender" value="male"/>
<interp inst="def2-769-18600917" type="surname" value="VIVIAN"/>
<interp inst="def2-769-18600917" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM VIVIAN</hi> </persName>, were indicted for
<rs id="t18600917-769-offence-1" type="offenceDescription">
<interp inst="t18600917-769-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18600917-769-offence-1" type="offenceSubcategory" value="manslaughter"/>feloniously killing and slaying
<persName id="t18600917-name-128" type="victimName">
<interp inst="t18600917-name-128" type="gender" value="male"/>
<interp inst="t18600917-name-128" type="surname" value="SWIFT"/>
<interp inst="t18600917-name-128" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18600917-769-offence-1 t18600917-name-128"/>William Swift</persName>; they were
<hi rend="italic">also</hi> charged on the Coroner's Inquisition with the like offence.</rs> </p>
<xptr type="pageFacsimile" doc="186009170025"/>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>,
<hi rend="italic">with</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>,
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18600917-name-129" type="witnessName">
<interp inst="t18600917-name-129" type="gender" value="male"/>
<interp inst="t18600917-name-129" type="surname" value="GANN"/>
<interp inst="t18600917-name-129" type="given" value="WILLIAM"/>WILLIAM GANN</persName> </hi>. I am one of the keepers of the Colney-hatch Lunstic
<lb/>asylum, and perform duty principally in ward "C"—in March in the present year the deceased, William Swift, was placed under my care in that ward—he was about fifty years of ago I should thing; he might be a little more—he was a large built powerful man, very strong—from that period until Wednesday 9th May, he remainted in the ward under my care—on that evening, in consequence of hearing some noise made by him, I went to the door of the door of the room in which he was and opened it; before I had sufficient time to speak to him, he struck me in the eye and seized me by the necktie—he made use of the words, "I have got you now, you b----"—I found that he was near strangling me; I struck him, and we both fell together—I fell sideways; I could not exactly say how—I knew no more till I was released by Reed—in my struggle with Swift, I did not use any more violence than was absolutely necessary for my own protection—I struck him in the pit of the stomach, just here (
<hi rend="italic">pointing to the place</hi>); a little to the right as near as I could judge—I saw Swift again that evening, about 8 o'clock, in the same room—he only said, "Good night;" that was all—he did not then make any complaint at all of suffering from any injury—it was my duty on the following morning to unlock the door of the room in which he was—I unlocked it about ten minutes past 6—he showed me a bruise which he had on his stomach—he did not complain of any pain or suffering—the bruise was where I pointed before—he did not at that time appear to me to be under any suffering at all in breathing, or in any other way—he made no complaint at all, only showing me the bruise—it was his habit to sweep that ward—he applied to me about half-past 6 for a broom to sweep the ward down as usual—I thought proper not to give it him—I saw him about the ward that morning, the same as usual; he took his breakfast as usual—he was out in the airing-court as usual; he came in and had his dinner the same as usual—it was 1 o'clock when they sat down—after dinner I went down with him to No. 11 ward, and there I left him—that was by Dr. Tyerman's direction—what had taken place the previous night had been reported in the morning—during the whole of that morning, up to the time of my removal of him to No. 11, he did not exhibit any symptoms at all of distress or suffering, or make any complaint at all.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi> (
<hi rend="italic">for slater</hi>).
<hi rend="italic">Q.</hi> Did you hit him a violent blow?
<hi rend="italic">A.</hi> I hit him as hard as I could; it was a life and death struggle between us—I was nearly strangled and should have been quite, if it had not been for the other attendant—I was quite insensible when he came—I hit Swift with the right hand I think, as near as I can recollect—we both fell then—that is all I recollect till I was released—there was no padding at all in the room in which the blow was struck—it is a boarded floor, so that we fell on the boards-there was no furniture in the room—there was a matterss and a bed made up in the usual way; there was no badstead—at the time the struggle was going on, the door was open—I had unlocked it when I went to speak to him not to make such a noise-that was beforeit began—the struggle took place close by the doorway—the door opens outwards—when I went to him to tell him not to make such a noise—that was before it began—the struggle took place close by the doorway—the door opens outwards—when I went to him to tell him not to make such a noise, he was knocking at the door and hallooing out, shhouting—I had not time to speak to him before he struck me—he continued the same till I became insensible—that was the reason he was shhifted down to No. 11 ward—that is the ward for the most disorderly patients; it is called the refractory ward—I cannot say whether they are drafted into that from all the</p>
<xptr type="pageFacsimile" doc="186009170026"/>
<p>wards—refractory men are generally sent down there—I do not know anything about Clark or Varney; they have not been under my charge—I was examined before the coroner—serveral witnesses were examined before the coroner—I cannot say exactly when the inquest was held; it was more than a few days after the death—it might be a week or somethhing like that, I cannot say exactly.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ROBINSON</hi> (
<hi rend="italic">with</hi>
<hi rend="smallCaps">MR. LEWIS</hi>,
<hi rend="italic">for Vivian). Q.</hi> He was habitually very violent, was he not?
<hi rend="italic">A.</hi> Yes, when excited—he was very frequently excited—I have seen him sparring and offering of fight in the yard many times—he came into our ward on 8th March—there were marks on his wrist where he had been chained down, as he stated—there were marks on both wrists of something of that kind—I did not know any thing of him before he came in—he was under my care from 8th March to 10th May.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-130" type="witnessName">
<interp inst="t18600917-name-130" type="gender" value="male"/>
<interp inst="t18600917-name-130" type="surname" value="REED"/>
<interp inst="t18600917-name-130" type="given" value="CHARLES"/>CHARLES REED</persName> </hi>. I am an attendant at the Colney Hatch Asylum, and was so on 9th May last—I recollect being called by one of the patients to the assistance of Gann—I went into the room where Gann and Swift were—I found Gann lying down on the floor and the patient had got him fast by the throat, by the necktie, and had one knee on the floor—I took hold of his hand and said, "Leave go, Swift," and he let go immediately—this was between 6 and 7 o'clock, or it might be a little after 7—before I left the room with Gann I desired Swift to go to bed—he did so in my presence—I said, "Swift, go to bed," and he went to bed directly—he was undressed—he had nothing on but his shirt—he got into bed directly—I saw him after
<lb/>wards at 8 o'clock; he was then in bed—he did not get up at all, or make any complaint to me—I did not notice anything peculiar in his breathing—I did not go into his room—I unlocked the door and saw him lying in bed—I spoke to him; I bade him good night—he said, "Good night, old fellow," or something similar to that—I saw him again on the subsequent morning, between 6 and 7 o'clock, sitting in the recess in No. 5.—he was dressed; he had dressed himself—I did not speak to him then—nobody had dressed him that I know of—I never knew any one to dress him—he did not make any complaint to me then—he said to me, as I was walking up the gallery, "Charley, it was a lucky job for him that you came last night; if you had not I should have killed him"—I cannot say whether he appeared to have his breathing affected at that time, or to walk with any difficulty—I did not notice anything—I saw him again that day—I believe he was shifted that day—I saw him after six o'clock that day—I cannot say that he had anything the matter with him at the different time I saw him.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> What was the latest time that day that you saw him?
<hi rend="italic">A.</hi> Perhaps it might be about 11 o'clock; I never saw him afterwards.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Can you say whether he was suffering or not?
<hi rend="italic">A.</hi> I cannnot say—when I first went in, when he was holding Gann down, he had on nothing, only his shift; at the time the struggle was going on—he was a very violent man at times; he had a sort of paroxysm—I have seen him very violent with other patients.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> What was his particular delusion?
<hi rend="italic">A.</hi> I can't say—he used to say that he was possessed of a great deal of property—he used to fancy himself the strongest man in the world—I have very frequently heard him say that he had killed a great number of Catholics—he believed that—I can't say how many persons he has told me he had killed, some great number; peraps 300 or 400 he has told me; I might say more—I know nothing of Clark further than that I have seen him—neither he nor Varney have ever been under my care.</p>
<xptr type="pageFacsimile" doc="186009170027"/>
<hi rend="smallCaps">
<persName id="t18600917-name-131" type="witnessName">
<interp inst="t18600917-name-131" type="gender" value="male"/>
<interp inst="t18600917-name-131" type="surname" value="VERREY"/>
<interp inst="t18600917-name-131" type="given" value="JOHN"/>JOHN VERREY</persName> </hi>. I am one of the head attendants at Colney Hatch—I remember the deceased man, Swift—I remember the day of his death—I saw him during the afternoon of that day—about 4 o'clock—he was then in the airing court—this was on the Saturday after the Wednesday—I had seen him on the Thursday and Friday proceding, and on the Saturday about 4 o'clock—during those days he appeared to be in his usual health and strength—he was so at 4 o'clock on the Saturday—that was the last time I saw him—he made some remark to me on that day—he always used to follow me about; he was very fond of following me about and speaking to me—he was rather partial to me, I believe—he fancied he was very strong; and that he could blow into persons' mouths and infuse strength into them—he talked in the same strain generally, and did so on the Saturday—I observed nothing amiss with him at all that afternoon more than at other times, with respect to his breathin, walking, or anything else.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Did he make any complaint to you at all on the Friday?
<hi rend="italic">A.</hi> On the Thursday morning he complained about a blow that he had had from Gann on his chest—I examined him and found a large bruise there, and reported it to the doctor—(
<hi rend="italic">pointing out its position</hi>)—it was a large bruise, nearly as large as my hand—he complained of it more than once—I think he complained of it on the Friday afternoon—on the Thursday I examined him when I went round the first thing—it was a large bruise—there was no swelling; merely a bruise—he only complained of that particular place—he did not complain the having been ill-used by any body on the Friday; neigher on that day nor on the Saturday—I am certain of that—he did not then, or at any time before his death, make any complaint of ill usage by either of the prisoners—I saw him on the Saturday morning, and in the afternoon after dinner as well.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> Do you know Clark and Varney?
<hi rend="italic">A.</hi> Yes—I am the head attendant—I have a general superintendence of the whole wards—I have know Clark and Varney ever since they have been in the asylum—rather upwards of two years—Varney has been in the refractory ward the whole of the tie, with the exception or three or four days at the latter part—Clark has been removed to several wards—he has passed a very considerable time in the refractory ward—he was in the refractory ward during the whole time Swift was there—he was a very violent man—he used frequently to strike patients—I do not think I can state anything about him with reference to his telling the truth or telling falsehoods—I think he is a spiteful man—he has not made any complaints to me of other persons—I have not known of any—by his being a spiteful man, I mean attacking other patients and ill-using them; striking them—he was not appointed to any store-room at Colney Hatch to my knowledge—I do not know of his having been at Hanwell before he was at Colney Hatch—I know nothing about him, only during the time he was at Colney Hatch—I never saw any violence on Varney's part—I believe he was placed in the refractory ward when he first came from Hanwell, and he has refused several times to leave that ward to go to another—he is very obstinate.</p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> You say on the Thursday and on sub
<lb/>sequent occasions Swift complained to you about this bruise?
<hi rend="italic">A.</hi> Yes—he merely made a reference to it—he said that he felt a pain there, and that he had been struck; that was all—he said that more than once—when he made the complaint I did not observe any difficulty on his articulation, or this his breathing was at all affected—he appeared to have no difficulty whatever in walking.</p>
<xptr type="pageFacsimile" doc="186009170028"/>
<hi rend="smallCaps">
<persName id="t18600917-name-132" type="witnessName">
<interp inst="t18600917-name-132" type="gender" value="male"/>
<interp inst="t18600917-name-132" type="surname" value="FORD"/>
<interp inst="t18600917-name-132" type="given" value="THOMAS JOHN"/>THOMAS JOHN FORD</persName> </hi>. I am one of the head attendants at the Colney Hatch Asylum—I recollect Swift being in the asylum—I saw him on Saturday afternoon, 12th May, between 4 and 5 o'clock, to the best of my remembrance—he was then in the airing court—I observed nothing beyond his usual manner—he came up, as he invariably would, and accosted me in his usual style—he spoke, amongst other things, of having killed 300 Catholics—it was a general delusion of his, and he almost invariably entered on that topic—he was not more than two minutes speaking to me; merely in passing through the court—there was nothing about his walking that I noticed, as if he was in pain—I did not notice when he spoke to me, that there was any affection in his breathing—he did not make any complaint of any kind to me—I had not seen him the day before.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Are you the attendant over these two prisoners?
<hi rend="italic">A.</hi> No; Mr. Verrey was their superintendent—the deceased did not complain to me at all before his death of any improper treatment by the prisoners—to the best of my remembrance it was between 3 and 4 o'clock that I saw Swift in the yard—there were, I think, at that time, about forty patients in the ward altogether—that was when I saw him in the airing ward between 4 and 5 on the Saturday afternoon—probably some of those patients are quite as rational as Clark or Varney—I can't say whether they are as capable of giving evidence—Clark was not under my care—I have seen him—he was always an excitable man and prone to fighting—he has no peculiar fancy I imagine, but he was not under my care—his insanity shows itself chiefly in excitement and violence—to a certain extent you might rely on what he said—some things might be fallacies altogether—he very often committed acts of violence on the other patients—I merely know Varney as being a patient there for some time; two years nearly—I do not know how his insanity shows itself—I never saw anything peculiar about Varney, except at times a degree of irritation—he was irritated about any peculiar subject that might vex him for the moment—I imagine he is prone to fallacies, otherwise he would not be there—I do not know of my own knowledge—supposing Clark gave a description of anything that occured in the ward, I should not rely upon it implicitly—I should rely on nothing implicitly that I heard from any one there.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-133" type="witnessName">
<interp inst="t18600917-name-133" type="gender" value="male"/>
<interp inst="t18600917-name-133" type="surname" value="STOCKER"/>
<interp inst="t18600917-name-133" type="given" value="ALONZO HENRY"/>DR. ALONZO HENRY STOCKER</persName> </hi>. I am a physician and am medical super
<lb/>intendent of Grove Hall Lunatic Asylum at Bow—I have had two lunatic patients of the names of Clark and Varney under my care for rather more than a month—they are in attendance to day—Clark is the subject of delusions—in my opinion he is capable of giving a correct narration of matters and facts which occur under his observation, within his sight—he is capable of giving a correct account of matters that took place before his eyes—I consider Varney to be competent to give a correct account of matters that came under his personal observation.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> They have been under your care since this inquiry has been going on?
<hi rend="italic">A.</hi> Since the 17th of August last—I was not aware of the object of their being placed there—I was not aware whether the express object of their being placed there was that I might ascertain, if I could, whether they were competent to give evidence—they were placed there by the authority of the visiting Magis
<lb/>trates of the County Asylum, with, I believe, the sanction of the Com
<lb/>missioners of Lunacy—a few days after they had been placed there, I received a letter—I was requested to pay attention to their mental state during the time they were under my care—neither of them were actually</p>
<xptr type="pageFacsimile" doc="186009170029"/>
<p>violent, while with me; only on one or two occasions Clark showed a slight disposition to be quarrelsome—he is an excitable man—I am not aware whether anything was said to them about my being instructed to ascertain that—I have had numerous conversations with Clark during the time—he is the subject of delusions—I judge whether I can rely on any statement by the probability or improbability of the story—my judgment would be guided entirely by that.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> Suppose he told you he had killed a man twelve months ago?
<hi rend="italic">A.</hi> I should investigate the matter—if he told me he had killed a man in Australia, I should not rely upon his simple statement—he is under the delusion that poison has been administered to him, antecedently to his being with me—I believe that to be a delusion—that is his principal delusion—as a result of that delusion he believes that his system has been much injured—I have no doubt he sincerely believes all that—I believe it to be utterly untrue—at first I could detect no delusion about Varney; but his delusion is that he has been the subject of persecu
<lb/>tion by the parochial authorities from whence he was sent, and by the officials of the Asylum where he has been—I think there is no foundation for it; I believe it to be a delusion—I have not heard him use threats against any persons—he was not violent when' he talked about these perse
<lb/>cutions, he was quiet and calm—I was not able to defect any other delusion—I tried to discover—I have read the account of what took place at the inquest and before the Magistrate—I was informed that I should be required to give evidence on this subject a few days after the lunatics were placed under my care.</p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Is it a fact that lunatics may have a delusion upon one subject and yet reason correctly upon others?
<hi rend="italic">A.</hi> Yes—persons labouring under delusions may state facts correctly; their memory is not necessarily affected from their having a delusion upon one subject.</p>
<hi rend="italic">Upon Samuel Clark, one of the lunatice, being called</hi>,
<hi rend="smallCaps">MR. ROBINSON</hi>
<hi rend="italic">sub
<lb/>mitted that, as further evidence appeared upon the depositions relating to the state of mind of the witness, the prosecution should first lay that evidence before the Court, as, primd facie, the evidence of a lunatic was not admissible.</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>
<hi rend="italic">called the attention of the Court to a ruling of Lord Campbell's, that before such a witness was sworn he might be examined, and that witnesses might be called to prove circumstances calculated to show him an inadmissible witness.</hi>
<hi rend="smallCaps">MR. ROBINSON</hi>
<hi rend="italic">referring to</hi>
<hi rend="smallCaps">REG</hi>.
<hi rend="italic">v.</hi>
<hi rend="smallCaps">HOLT</hi>,
<hi rend="italic">and to a passage in Archbold, submitted that where it was shown that the lunatic had no lucid interval, his evidence could not be received.</hi>
<hi rend="smallCaps">MR. JUSTICE BYLES</hi>
<hi rend="italic">observed that in the case referred to it was distinctly laid down that, primd facie, the evidence of a lunatic was admissible, and at present there was nothing to exclude the testimony offered; when the medical witnesses were called, any cross-examination could be addressed to them upon the subject.</hi> </p>
<hi rend="smallCaps">
<persName id="t18600917-name-134" type="witnessName">
<interp inst="t18600917-name-134" type="gender" value="male"/>
<interp inst="t18600917-name-134" type="surname" value="CLARK"/>
<interp inst="t18600917-name-134" type="given" value="SAMUEL"/>SAMUEL CLARK</persName> </hi>. I live at Grove-hall—I remember residing at Colney Hatch—I know the two prisoners—I know their names—they were two at
<lb/>tendants at Colney Hatch—I knew a man of the name of Swift—I was not acquainted with his death until the Tuesday—on the Saturday I saw him taken from the airing court into the ward—that was about ten minutes to 5 o'clock—Vivian caught hold of him with his right hand—he went to take him by the collar, and the man said that he would go where he pleased with him; he simply dropped his hand, as though I was going to take hold of this gentleman's arm—Mr. Slater was there—there were some men coming in from walking round the building, from the airing; Mr. Vivian met Slater</p>
<xptr type="pageFacsimile" doc="186009170030"/>
<p>as he was coming in, and said he had been waiting for him, as he could not keep Swift out of the ward; Mr. Slater immediately said, "We had better have him in at once"—they took Swift into the ward and threw him down, by catching him by the collar and tripping his feet from under him—Vivian did that—he tripped his legs from under him—he fell on his back—they then kicked him, and punched him—and jumped on him with their knees, and stamped with the foot on his chest; here (
<hi rend="italic">pointing it out</hi>)—they put him into the padded room after that—they went in—I could then hear the noise of their ill-treatment, and him calling out—it might be about a quarter of an hour or twenty minutes that it lasted—I heard him call out "Murder!" once; and he was calling out not to be kicking of him, ill-using him in that way—as I went in from the airing court I saw him in an inclined position—he was in the padded room—I went from the airing court into the ward—I could then see into the padded room—Slater and Vivian were there then—I saw Slater's hand on his head, and he drew up his legs as though to shift his position—Slater just looked round towards the door as if there should be a rush by the patients from the noise that was made; it could have been heard all over the build
<lb/>ing—Slater had his hand on Swift's head, and looked round towards the door—Vivian was on his left, standing erect—Swift was lying in his back with his face towards the airing court, and as the patients came in he drew up his legs—the patients came in from the airing court; that was the ward for them to come in; Slater said, "We had better have them in as it will be heard all over the building"—he gave the word immediately for "All in"—I went into a recess and sat down—I did not see anything more—Inever saw Swift again—when he was put into the padded room he was partly undressed—his trousers were down—he took off his stockings, shoes, coat, waiscoat, braces, and handkerchief—I did not see whether he was more undressed than that before Slater and Vivian left.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> You say the noise could be heard all over the building?
<hi rend="italic">A.</hi> On that side—it could be heard by a great number of persons there; other attendants as well—I saw them kicking him; the number of kicks might be three or four or half a dosen—both of them were kicking him as hard as they could—they kicked him in the side' the ribs—they did not kick him in the face at all—Mr. Slater also stamped on his chest—he dropped with his weight with his knees on his trunk—it was both stamping with his foot and with his knees—he kicked him on hte chest with his foot once, and dropped on his stomach with his knees, about twice—he got up after he had dropped, and then dropped again; just to drop his weight—the kicks were very violent—Slater also punched him with the fast—that was in the ward by the side of the door—the blows bit him in the side—they were as hard as he could hit him—the blows were always in the ribs—they were before he was on the ground, and theydid the same when he was onn the ground—I could not say how many blow were struck with the fist, because I was walking to and fro; as I was not continually looking in at the door it might have been more than what I saw—the ill-treatment was both inn the ward and in the padded room—I could see at times what was going on in the padded room—there were two of three kicks also in the padded room.</p>
<hi rend="italic">Q.</hi> You have been ill-trated, you have been poisoned, have you not?
<hi rend="italic">A.</hi> I have been severely ill treated there myself—I have had something that has done me injury; I have been scarcely from under the doctor's hands since—I have had the poisoning on several occasions, before I came</p>
<xptr type="pageFacsimile" doc="186009170031"/>
<p>to Colney Hatch—I was out in Sydney once when I was poisoned—that was not the first time that I was poisoned—I do not remember what the first time was—I was poisoned a short time before I went to Colney Hatch—I was then in the parish of Shoreditch—I can't say how many times alto
<lb/>gether I have ben poisoned; a good many—I am very nervous, and it does not ake much to make me so—Swift complained to me the same day; on the Saturday; about 4 o'clock, or close on that—that was previous to the jump
<lb/>ing or kicking, before we went to walk round the building—he complained of his ribs being nearly broke—he told Mr. Verrey that, and made use of foul language at the same time to Mr. Verrey—he called the two attendants out of their names—he complained to Mr. Verrey on the Saturday, of these two attendants—he said that these two brutes had nearly broken his ribs the previous evening—I first mentioned the stamping and kicking, about the 2d of August, before the Commissioners—I said to Varney, when I heard of Swift's death, that I should mention what I saw—I did not at that or any other time tell Varney what I had seen—we were going to enter on the subject, but I turned away as I did not wish to enter into discourse—I did not men
<lb/>tion this to anybody, not even to any of the patients, until August—Varney said that it was pretty work that was going on, but it would not last always—I heard of an inquest being held—I was examined before the Magistrtes—I mentioned this to the Magistrates, about his death only—Varney told me about his death—I told the Commissioners that Varney had spoken to me about his death—I had not told what had occurred—I did not tell the Commissioners, that I am aware of, that I had told Varney all that I knew-I had been talking to Varney abut other things, but not concerning what had occurred—I did not tell Varney about my being poisoned so often—I did not tell the keepers at all about my being poisoned—I have said that I had been injured—I am quite sure that I never told Varney that I had been poisoned—I did not complain to him at all of any
<lb/>thing that had been done to me—I have not, at any time before I went before the Magistrates, told anybody that I mentioned all these circum
<lb/>stances to Varney—I was questioned upon that point—Varney had acquainted me about his death, but I turned away when I saw he wanted to enter into the discourse of what they had done—I was asked if I had told Varney what had happened, and I said no; I had spoken upon other things, but not on that; that was on 2d August—I said I was not aware I had told Varney what had happened about the kicks and blows—I am pretty well certain that I did not tell him.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> Whilst you were walking to and fro in front of the door, were there any other persons walking there too?
<hi rend="italic">A.</hi> The two attendants and the patient Swift, and somebody else out in the airing court, walking toand fro also—I know a person of the name of Overall—he is patient-he could not see into this room as he walked—he was nearer to the door than I was—he did not pass the door—he came up to the door and went back again—he could hear all the noise—he went to and fro, hearing the noise all the time—he did not look in at the door: he checked me for going near; as I was drawing near, he said, "Don't go there; they will take you in directly"—Overall was in the asylum when I left—I know a person of the name of Hetherington—I did not see him out in the airing court—his place is generally in the ward all the day; he scarcely ever goes out the same as the remainder of the patients—they took off part of Swift's clothes when they got him into the padded room—they left on his trousers and shirt—he might have
<hi rend="italic">drawed</hi> his limbs from them—</p>
<xptr type="pageFacsimile" doc="186009170032"/>
<p>every time they gave any blows or kicks he drew himself from them, but he never struck, or showed any signs of resistance at all—this kicking and stamping continued nearly an hour, and during that hour they were frequently kicking him as hard as they could kick him—they had their boots on—during the whole of that hour he was screaming as loud as he could scream.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Is that so?
<hi rend="italic">A.</hi> He made use of the words, to kill him; not to be kicking of him in that kind of way; that was the last I heard, and then his voice seemed to get fainter after; it had such an impression on me as I sat, I got that timid, it had that effect on me, the same as if I went off into a sleep—I went into a recess of the room that leads into the padded room, in the ward, and went to sleep, after the made use of those words.</p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Did Swift say at what time the violence had occurred that had nearly broken his ribs?
<hi rend="italic">A.</hi> On the Friday; he did not say at what hour—I been a soldier—I was serving at Sydney, in Australia.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-135" type="witnessName">
<interp inst="t18600917-name-135" type="gender" value="male"/>
<interp inst="t18600917-name-135" type="surname" value="VARNEY"/>
<interp inst="t18600917-name-135" type="given" value="WILLIAM"/>WILLIAM VARNEY</persName> </hi>. I have come to-day from Grove Hall Asylum—in the mought of May last I was living at Colney Hatch, in No. 11 ward—I remember a patient named Swift—he was brought into that ward on Thurs
<lb/>day 10th May, by the attendant Gann—he appeared pretty well—he was talking
<hi rend="italic">erroneous</hi>—he sat at table at meals with me, on the opposite side of the table—I remember his taking his supper there on Thursday evening, he appeared as usual them.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> What had you for supper?
<hi rend="italic">A.</hi> Bread and cheese and half a pint of beer.</p>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Did you see him next morning, the Friday morning?
<hi rend="italic">A.</hi> Yes, he was as usual then—I saw him at different times during the whole of that day till supper time—I dined at the same table with him; he appeared quite well—we had meat, vegetables, bread and half a pint of beer for dinner—it is served out so much to each person—he ate all his dinner that day—I talked to him of Friday, but he did not talk anything but nonsense—after dinner we were amusingourselves playing cards and draughts—I saw Swift there then—he was talking erroneously at that time—the prisoners Slater and Vivian were in the ward; Swift was talking and making a noise, and Slater spoke very roughly to him, and told him to go away down the gallery—he was not making much noise; he was merely talking erroneously—Slater then attacked him immediately, so that he had no time to go down the gallery if he wished it—he seized him and threw him down, and dragged him along the floor to the padded room—it is about eleven or twelve yards from where Slater took hold of him to the padded room—this was nearly 2 o'clock, after dinner—from the place where we were playing cards and draughts I could see into the door of the padded room quite plain—while Slater was dragging him along the floor to the padded room Vivian was close to him, and they both went in and took Swift with them—I heard him cry out when he was taken in; he halloed out "Oh," and "Oh, Lord," several times—I heard a lumbering about as it persons were striking or kicking him, or throwing him down; there was a great scuffle—I should say that continued between five and ten minutes, it might be about ten minutes, I cannot say—I did not see anything more of Swift that evening; he was not let out till Saturday morning—I saw him then</p>
<xptr type="pageFacsimile" doc="186009170033"/>
<p>about 7 o'clock, he sat down to breakfast with me; but I heard him talking to Slater at the bath-room door—he complained to Slater of being hurt inside—he said it was too bad to kick him so, and he put his hand up to his breast in this manner—Slater seemed to take but little notice—he did not talk violently to Swift at that time—Swift ate his breakfast that Satur
<lb/>day morning—I saw him during the day in the ward, he appeared very much hurt in sitting down and getting up—I noticed that—he dined on that day at the same table; he ate it all to the best of my knowledge—after dinner that day we went out into the airing court—I went out of the building that afternoon, we went to Southgate to paly at cricket, and I left Swift as usual—I returned again about seven or ten minutes past—when I went into the ward the door was shut—I heard Swift in the room—I did not see anything of him—I never saw him again.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> What did you hear?
<hi rend="italic">A.</hi> I heard that he had been put in the padded room—
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>
<hi rend="italic">Q.</hi> Were there many people playing at cards with you?
<hi rend="italic">A.</hi> There might have been seven or eight playing at draughts and cards, including the attendants—I do not know whether Clark was one—I did not notice him while this was going on, on the Friday—the other seven or eight could have heard, they were close to him—the cries were rather loud—some part of the time he could hardly be heard, as if he was choked; I should have mentioned that I heard him speak to Slater about his chest on Saturday morning—he said it was too bad to kick him so, and he put his hand just about here (
<hi rend="italic">across his chest</hi>)—he did not complain further than that at that time—I noticed he had a difficulty in sitting down and getting up—he appeared pretty well in other respects—I have been in Colney Hatch Asylum two years—I have been in No:11 ward the whole time, with the exception of two days—I was removed from Hanwell to Colney Hatch—I was at Hanwell ten years.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> Were you in the store at Hanwall?
<hi rend="italic">A.</hi> I was in the store for about three months—I assisted there as a patient—I was not dismissed from it, I left of my own accord—I had no wish to continue there—I made complaints on account of being ill-used there—I made it know to the Commissioners of Lunacy once—I was ill-used several times by different persons, they were attendants at Hanwell—I considered it was a serious annoyance that I complained of—they made me shave thought the doctor said he had no objection to my heard—when I was there a little time I had a little knife, I did no dney it, I showed it to the doctor, I said I would give it him if he would give it back—he said he would rather not—he immediately rang the bell, brought the attendants on me, drove me into the refractory ward, cut all my beard off, knelt on me in various ways, and hurt me a great deal—that was one of the complaints—then he ordered them to give me a shower-bath and on another occasion he ordered pumice-stone—six or seven of the strongest men in the ward held me while they pumice-stoned my face and severely injured me—they cut through the skin—they continued doing that a few minutes—I was hurt—the wounds on my face were clerly to be seen—the attendants said it was the doctor's order—he was not present—I complained of being struck again—the attendant cut me one morning through the ear—I showed it to the doctor and he laughed at it—in a few days it was well again—I do not remember whether there was any other complaint I had to make at Hanwell—I was not employed in the store at the time these complaints</p>
<xptr type="pageFacsimile" doc="186009170034"/>
<p>were made, I had left it—I left the store myself—I pleased myself whether I left or not—I expressed a wish to leave the store and I was allowed to do so—I had little odd jobs—I had mo accounts to keep—I went in the garden there, and I was in the garden before I went in the store-room—I did not do as I liked—I could go to work when I pleased, and leave off when I pleased—I have not had any conversation with Clark about this matter, not particular—I have seen him once since he has been in Grove Hall—I remained in the refractory ward up to the time of my leaving, except two or three days—I saw Clark for some time after the death of Swift—he was in the ward at the time of the death—he was moved before I was—I might have spoken a word to Clark about the death of Swift, but nothing particular—he heard about what I had seen on the Friday as much as I did, he was up there—I know he was in the ward, but where he was I cannot exactly say—I said nothing particular to Clark on the Friday—I have spoken a little to Calrk about this matter, but not at Grove Hall—I might have spoken to him the same as I did to others in the ward—I talked about it to several in the ward—there were several talking about it, nothing particular—there might have been eight or mine, or more, patients who saw this on Friday afternoon—the patients were all in the ward—there were about forty of them, whilst the violence wasw going on—there were somewhere about forty patients in the ward—I believe Clark was there too; I know he was—they did not take more than a quarter of a minute to drag him along, but they might have been about ten minutes, or less, in the padded room—I saw them come out—I heard cries from the padded room—many of the other patients did not take any notice; some are very different in their ways to others—I have not stated it all to you, when I came down on the Sunday morning the padded room was empty, and I heard that Swift had been taken away some time in the night—I cannotsay whether Clark has had a conversation about it with the patients.</p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> You say there were about forty persons in the ward; it is divided into an airing court and other places, is it not?
<hi rend="italic">A.</hi> The airing court is attached to the ward.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Have you ever seen Swift violent?
<hi rend="italic">A.</hi> No; I never saw him attempt to strike any person.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-136" type="witnessName">
<interp inst="t18600917-name-136" type="gender" value="male"/>
<interp inst="t18600917-name-136" type="surname" value="TYERMAN"/>
<interp inst="t18600917-name-136" type="given" value="DANIEL FLETOHER"/>DANIEL FLETOHER TYERMAN</persName> </hi>. I am a member of the College of Surgeons, and medical superintendent of the Coloney Hatch Lunatic Asylum—in the early part of May last there was a patient named Swift under my care—he was one of those who are considered dangerous lunatics—I remember his being moved on 10th May, I think, to No. 11 ward—it is a long building, perhaps 150 or 160 feet in length, with a recess in the centre of it towards the west, and a large exercise or airing court, into which one of the doors of the ward opens—during the day the patients would be in different parts of that ward, over the whole of that space.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> That is, in fact, the refractory ward?
<hi rend="italic">A.</hi> It is; it is one quarter of the establishment which is appropriated for the effectual manage
<lb/>ment of very refractory patients—the recess is under cover—it forms part of the ward.</p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> The recess you speak of is that portion of the ward in which the patients dine?
<hi rend="italic">A.</hi> It is so—the number of patients at the beginning of May varied from about forty to forty-nine—there were three attendants at that time for the whole number—adjacent to this airing court is another ward which also opens into it, and where there are more patients and more attendants—I believe I saw Swift on 10th</p>
<xptr type="pageFacsimile" doc="186009170035"/>
<p>May—I know I was in that quarter of the establishment once or twice—I do not recollect seeing him at this distance of time—I recollect seeing him on more than one occasion before his death—I did not at that time feel his pulse, not in the interval from the time he had been removed into No.11 ward—I heard of the attack he made upon Gann—on Saturday evening, the 12th Slater came to may residence and gave me information—it would take a minute or two to get to my residence from the asylum—he came between half-past 7 and a quarter to 8—he told me that the patient Swift was very ill, if not already deceased—he led me to suppose that his state of danger was so great, that I might possibly find him dead when I got there—he said that Swift was very ill, having had a fit, I think—I immediately accompanied Slater to the padded room, and found Swift lying upon the mattress, straight out upon his back, with his night-clothing on, dead—there was no contraction of the muscles or anything of that kind, he was quite straight out—I observed on mark of external violence on the right side of the stomach, a large bruise—Slater stated that he had fallen in a fit in the ward—I asked some particulars about the fit, of Slater and Vivian—I asked them on the circumstances of his death, and they told me that he had a fit—I am not quite sure at this time whether there were not two fits described—I think so—I am pretty certain it was first stated that he had a fit from which he partially recovered, and appeared better, and that then he appeared worse and was palced in bed—I am not clear what was said about another fit—I do not distinctly recollect whether it was worse I am sure, and then was palced in bed—it would be my duty to make a report of any matter of that kind-Slater and vivian said it was an epileptic fit—the post mortern examination was made on the following Monday morning in my presence—they told me they left him to attend to the other patients, who were then, I think, at supper—they both agreed as to that—I forget which first stated it—there are so many thousand fits occuring in the course of the year that it would be impossible to fetch a medical man to every individual fit that occurs to an epileptic—there are, perhaps, 30,000 or 40,000 in the course of a year, in one department alone; but if any extraordinery circumstances appear, if the fit does not pass off, and if there is any danger, it is the duty of the attendant to fetch a medical man—during the time Swift had been under my care he had not suffered from epilepsy to my knowledge—I think I have recollection enough of the post-mortem examination the answer you the particulars—a great portion of the arch of the chest was frac
<lb/>tured on both sides, across the sternum—there were several ribs on each side broken and the breast-bone was also broken across—the sternum is the centre of the chest, and that was fractured across, about the centre—there were two slight ruptures of the liver—there was an extravasation of blood in the abdomen to the extent of two or three pints, I presume coming from the ruptured liver—there was no appearance of inflammation in the liver—with regard to the chest we found some serous effusion into it which was evidence of a certain amount of excitement in the membrane, the pleura
<lb/>that was in the pleural cavity; the cavity at the side of the chest—there was an effusion of serous fluid into the chest which was tinged with blood—there was no symptom of inflammation about the lungs—I should say that the fracture of the arch of the chest down on each side and across was not ac
<xptr type="pageFacsimile" doc="186009170036"/>
<p>by displacement of the bone—there was no depression of the bone, no fragments of bone pressing on the lungs; there was no manifest appearance that the bone had at any time penetrated—the nature of the matter that was deposited, of which there was an effusion, was a blood
<lb/>tinged fluid; at all events tinged with the colouring particles or colouring matter of the blood—it was reddish, blood-stained—that was in the chest—it was on one side of the chest here (
<hi rend="italic">pointing to his own chest</hi>), the cavity which contains the lungs—I could tell you by looking at my notes on which side it was—I made these notes at the moment of the post-mortem examination on the Monday following the death of the patient—I had not then heard of any complaint against the prisoners in reference to this paticular case—I had heard of the attack upon Gann by the patient and nothing more—I had not heard of any alleged attack by these two persons in the most remote degree—these notes were all made at the same time—probably this first memo
<lb/>randum might have been made before I went into the autopsy room, but just at the moment, (
<hi rend="italic">reads</hi>:) "William Swift, aged 54, admitted apparently paralysed, 24th February, 1860—recovered to a great extent and became stout and muscular—epilepsy—evening of May 12th, died between 7 and 8 p.m.—married—a labourer—great violence—lately attempted to throttle master of workhpuse of Aldgate, and also and attendant Gann, at Colney Hatch"—I did not get any of the particulars I have just read from the pri
<lb/>soners—now I come to the autopsy
<lb/>"Right ribs 4th, 5th, 6th, 7th, 8th, and 9th; left 4th, 7th, 8th, 9th, and 10th; echymosis of left costal pleura"—that means the external portion of the pleura—"An effusion of three ounces of sanguineous fluid in right pleural cavity; echymosis of right costal pleura; sternum fractured across the centre; lungs cretefied, tubercles of right sper, generally healthy and moderately collapsed"—that refers to the lungs—"Heart not well contracted; right side empty; left side also empty and not well contracted; a layer of blood in the under mudiastinum—abdomen, a large quantity of partly coagulated blood in the abdominal cavity—liver, laceration two inches long, not deep, at the anterior surface of left lobe of the liver; slight superficial laceration on right lobe; mark on the right face and neck and lower part of right ear; bruise and ecchymosis underneath the abdominal integuments at right of umbilico; slight bruise onn right wrist; outer side—brain, before dissection 55 3/4 ounces, after, 54 3/4 "—there is the figure of "I" which implies that there was a loss of one ounce of fluid passed into the liver from old disease of that organ—the heart was wholly un
<lb/>touched by any fractured bone—it did not appear to have been touched.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Had you, previously to coming here to-day, shown these minutes to the attorney for the prosecution or to any one on the part of the prosecution?
<hi rend="italic">A.</hi> I read my evidence from these notes before Mr. Henry, the magistrate at Bow-stret—I had the book in my hand at the time—I have not been asked for it; as far as I am aware no one on the part of the prosecution has looked at these minutes at all, nor asked to loook at them—this form of paralysis would affect the patient so as to make him more insensible to pain; I think it always does so to a greater or less extent, paralysing the nerves—the nerves are in a peculiar condition under this form of paralysis; I should explain that it is not the ordinary form of paralysis, but a form almost entirely peculiar to the insane—during the first appearance of these symptoms, it is not necessarily accompanied by any want of physical power in the body, but it is accompanied by a want of regulation of that power; there is a want of regulation of the muscular move
<lb/>ment—it undoubtedly makes the person more insensible to pain—at times</p>
<xptr type="pageFacsimile" doc="186009170037"/>
<p>I think perfectly so—they do not under that state manifest evidence of pain under severe injuries, fractures—I have known cases of patients with that form of insanity endeavouring to go about their ordinary occupation with broken limbs of bones, and also in another form associated with epilepsy, in a way that a sane person could not do—I have known that occur in Colney Hatch Asylum with persons whose ribs I have subsequently discovered to have been broken—I have noticed and reported such cases, and carefully attended to them for the purposes of science; I remember the case of a person there who fractured the left clavicle or collar-bone, and he did not appear to suffer the least pain; he moved his arm almost as freely as before, somewhat to my astonishment—a sane person could not have done that—there is a wide dif
<lb/>ference between the two—I remember another patient who, in kicking at the door of the padded room, fractured the left patella or knee-cap; he walked about with a considerable amount of facility a few days afterwards without any apparent pain whatever; that could not have been done by a person perfectly sane and having the usual amount of feeling, not in a state of sobriety, a person intoxicated might possibly do so; the nervous system alters—I remember a patient dying rather suddenly from collapse; at the post-mortem examination I found that several ribs were fractured, they were comparatively recent fractures, I mean wihtin a few days of his death; between the time of the accident and his death I saw that man walking about in his usual way—he made no complaint; on the contrary, on the morning of the day he died he said he was quite well; upon further post-mortem examination extensive fractures of the ribs on both sides were disclosed, and injury to the pleura—nothing whatever was known of it up to the time of his death—the cause of all that, occurred three or four days before—an inquest was held in that case—I have known repeated cases where patients have suffered injuries of this description without any appearance of pain—I have been connected with lunatic asylums for twenty years, as superintendent of the Cornwall Lunatic Asylum and that at Colney Hatch, and during that period I have seen many cases—such cases are con
<lb/>stantly occurring under the eyes of most scientific men—Dr. Forbes Winslow is an authority on these matters—the paralysis of which I have been speaking is a form which supervenes upon insanity—I have been in court during the greater part of the day—I have heard the description of the violence said to have been exhibited by the prisoners to the deceased immediately before his death—I do not think it could possibly have taken place without leaving some mark upon the external system, beyond the mere bruise that I discovered—a single blow may cause death without leaving any external mark—I should not expect that a great number of very heavy blows and kicks, such as have been described, could be inflicted without leaving any external mark—the immediate cause of death was h✗morrhage from the liver, producing collapse—if the bones were fractured on the Wednesday without being displaced, a fall on the Saturday, in con
<lb/>sequence of a fit, would tend to displace them more than if they had not been previously fractured—the ruptures of the liver were not in the imme
<lb/>diate vicinity of the fractures—there were two normal ruptures—I should suppose that the liver would be more likely to be ruptured in consequence of losing the protection of the frame-work—I could trace a connexion between the bruise on the upper part of the abdomen, and the disruption of the liver—there might be a possible associated between the two in this way, that a very heavy blow upon the abdomen might cause rupture of the liver—I believe it possible that the bones may have been broken on the</p>
<xptr type="pageFacsimile" doc="186009170038"/>
<p>Wednesday—if a heavy blow was struck under the breast-bone on the Wednesday, and then a fall immediately took place, that would lead me to consider that the bones might have been broken on the Wednesday—there was nothing in the result of the post-mortem examination to prevent my believing that—the crushing in of the chest might have occurred with greater case after the first fractures, and that might of course lead to rupture of the liver; might facilitate it raterh; it might happed at the same time—the wtness, Clark, has been under my eye during the whole time he has been there—I think he is not a creduble witness—if he came and told me any ordinary matter, I should sift it before I believed it—I have found him con
<lb/>stabtly subject to delusions—I cannot say that I remember much of the particular delusion as to being poisoned—in conversation with him I have found him uttering a great number ofdelusions—Varney is also subject to delusions—I should not in any matter of my own, or if I were on a jury, rely upon either of them.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> What is Varney's particular species of madness?
<hi rend="italic">A.</hi> His history is somewhat a long one; I have his notes in my pocket—it is what is called homicidal mania, that is, a dispo
<lb/>sition to take life and conspire against the lives of others—I would not rely upon anunsupported sttement made by either Varney or Clark—if they told me they had not had theri dinners, I should make inquiries; I certainly should not believe it without—I reside at the asylum, I have a house within the precinots—it is not my exclusive duty to attend to the lunstic patients—I also attend to a large staff of attendants and servants connected with the establishment—I am constantly attending to all the patients—the fracture of the ribs produced no displacement—Swift was a very heavy, powerful man—severe pressure would have the effect of increas
<lb/>ing such a fracture—if the ribs had been fractured on the Wednesday and he was afterwards carried in to anotehr room, it would not surprise me if from the pressure a portion of the ribs penetrated the plebura, if the proceed
<lb/>ing was conducted in a rough manner—if there was the slightest resistance on his part that would, of coursr, tend to increase the mischief already begun—the ribs, when perfect, form a perfect arch, and at that adult age would resist a vast amount of pressure—when cracked the principle of the arch is entirely gone—the pleurs is between the ribs and the lungs—the liver is situate within the ribs, at the lower part of them; it hardly extends below the ribs in its natural condition—it may be felt under the ribs—supposing the continuity of the arch is gone, pressure of a powerful nature on the chest would have a tendency to rupture the liver—the effect of pressing on the ribs when the continuity of the arch is gone, would be to contract the space beneath the ribs, and, therefore, force the fluids of the body down
<lb/>wards towards the liver—I should say that a person who had gone about with his ribs slightly fractured, but not displaced, would be much more likely to have rupture of the liver, caused by a slight stain, than if there had been no fracture—I have read Dr. Taylor's Medical Jurisprudence—I deo not recollect an instance where a person on horseback, making a sudden turn, has ruptured the liver—it would not surprise me that a person in com
<lb/>parative health should rupture the liver by a sudden jerk, or turn, or fall, if it was of a violent character—I am not very much acquainted, personally, with ruptures of the liver—I have seen very little of them, they are not very common—it is quite possible that there may be a partial paralysimg of the nerves of sensation, without the nerves of the will being in any way affected—all the patients in the refractory ward at his time, except four
<xptr type="pageFacsimile" doc="186009170039"/>
<p>would sleep in different rooms—there are two dormiteries, containing fourteen patients, all the rest are single rooms, and that ward contains about thirty-four beds—they go to bed pretty much at the same time—there are only three attendants in that ward—there were two at the time of Swift's death—I was examined before the coroner, Vivian was also eramined—Slater was not, nor do I remember Verrey—I believe Gann and Reed were.</p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> You do not attribute the fractured ribs and sternum to the blow that you discivered the external mark of?
<hi rend="italic">A.</hi> I do not; however, the ribs and sternum were fractured, there were not external marks to indicate anything of the kind.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-137" type="witnessName">
<interp inst="t18600917-name-137" type="gender" value="male"/>
<interp inst="t18600917-name-137" type="surname" value="TUOKER"/>
<interp inst="t18600917-name-137" type="given" value="WILLIAM"/>DR. WILLIAM TUOKER</persName> </hi>. I am a member of the College of Surgeons, and also a Doctor of medicine—I am one of the assistant medical officers at Colney Hatch—I was so in May last—I recollect seeing Swift at No. 11 ward, on my visits—the last time I saw him was between one and two o'clock on the Saturday afternoon, the day of his death—I examined him then as to the state of his health—I felt his pulse; it was moderately good, as good as usual—he did not make the alightest complaint to me—in my observation there was nothing whatever about him to indicate that he was in any diffe
<lb/>rent state of health to what he had been previously—I saw him on the Friday; he appeared perfectly well on that day.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> On Saturday morning did you see him at all?
<hi rend="italic">A.</hi> Yes; between 12 and 1 o'clock—he was then apparently perfectly well—he made no complaint of any violence on the Friday—I have been in Court to-day, and have heard the description given by the two patients of the violence used towards this man—it is possible for great in
<lb/>terual injuries to occur without any exterual marks of violence—I should scarcely believe it possible for so many kicks, and so many blows of the fist, and the stamping, and all that, to have occurred without leaving any mark of any kind—I do not think it possible for a man to be kicked about for half-an-hour in he way described, without leaving traces or marks of violence behind; it would be very unlikely—I have been 13 months in the Asylum—from personal observation during my residence there I have known cases of insane patients, suffering under that form of pamlyais, where they have suffered very heavy injuries, and yet have felt no pain—I had a man under my care whohad both the bones of his right leg broken, and he stripped off the whole of the straps as fast as I put them on, and walked about the ward on the stump—he did not appear to feel the slightest pain; he did not betray any of those marks that a same person must necessarily have done—I saw a portion of the post mortem—I certainly believe it possible that the fracture might have occured on the Wednesday—assuming that to have been so on the Wednesday, and the fall on Saturday in consequence of a fit, or in consequence of being carried int a room, or in consequence of a struggle, I think it probable that the rupture of the liver would be more likely to occur then in, consequence of the want of protection of the frame
<lb/>work round it—if the ribs had been fractured previously, any additional violence might cause it—I think a man with such fractured ribe might have walked about in the ordinary way without appearing to feel any pain—the patients Clark and Varney have not been under my care; they are under the sole charge of the medical superintendent, Mr. Tyerman—I have seen them in passing through the wards—I have not seen sufficient of them to form any opinion upon their being competent to give evidence.</p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Do you think that when you felt his</p>
<xptr type="pageFacsimile" doc="186009170040"/>
<p>pulse on the Saturday such a fracture could have existed without your dis
<lb/>covering it?
<hi rend="italic">A.</hi> I think it possible with a man of Swift's condition—I think that he would not make any complaint of of—in this fracture there was no displacement at all; they were merely simple fractures without any displace
<lb/>ment—I think it possible that that might be without my discovering it—I think it possible that all these fractures could have existed, and the breath not be seriously affected, so long as there is no displacement of the bone—I think certainly that if there had been an effusion of the quantity of blood mentioned, into the abdomen from the liver, it would be discoverable by the pulse.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">A.</hi> In your judgment as a medical man, do you think these fractures had existed since the Wednesday?
<hi rend="italic">A.</hi> I had never seen anything of the sort before; I am not in a position to answer that question.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-138" type="witnessName">
<interp inst="t18600917-name-138" type="gender" value="male"/>
<interp inst="t18600917-name-138" type="surname" value="ROSE"/>
<interp inst="t18600917-name-138" type="given" value="RODERICK CATLEY"/>RODERICK CATLEY ROSE</persName> </hi>. I am the medical dispenser at Coloney Hatch Asylum—I do the manual part of the post-mortem examination, under the supervision of the superintendent.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> do you agree with the account which Mr. Tyerman has given of the condition of the body after death?
<hi rend="italic">A.</hi> Yes; there is only one little discrepancy between his and mine—I think Mr. Tyerman described the effusion of the serum and blood to be in the right pleura; I made the ex
<lb/>amination and I have just mentioned to Mr. Tyerman that, according to my notes, it was on the left side—I think that is the only discrepancy that I observed.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> I believe your judgment is, the from what you saw of the state of the ribs, it was more likely to be oc
<lb/>casioned by pressure than by direct blows; is not that you impression?
<hi rend="italic">A.</hi> Decidedly—I am not a qualified member of the college—I have been very much in the habit of dissecting—I should think I have examined 800 or 1000 bodies of all kinds—supposing there had been violent kicking and stamping on a man in the upper part of his body, when only covered by his shirt, I should expect to find marks; but I find nit recorded that there are many case in which there are no marks—I should expect to find marks; that is according to my experience.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-139" type="witnessName">
<interp inst="t18600917-name-139" type="gender" value="male"/>
<interp inst="t18600917-name-139" type="surname" value="PARTRIDGE"/>
<interp inst="t18600917-name-139" type="given" value="RICHARD"/>RICHARD PARTRIDGE</persName> </hi>. I am one of the senior surgeons of King's Col
<lb/>lege Hospital, and am also Professor of Anatomy—I have been so for twenty years or more—I have been in Court during the whole of the evidence, and I have heard the condition described upom the post-mortem examination of the deceased—taking that as the basis of my opinion, I believe the proximate cause of death to have been collapse; fainting, arising either from the loss of blood from the the liver, or the effect that a very severe accident of any kind always had on the nervous system—supposing the injuries described on the chest, the ribs that were broken, and the sternum, to have taken place on the Wednesday, I do not believe that that person could have walked about, eaten, his meals, and appeared to be in good health up to the Saturday; I do not believe it to be possible—I understand that aboput eleven ribs were broken, besides the breast-bone, and that a great part of the chest was injured; that would consequently impede the breathing, therefore there would be a change very obsefvable in the mode of breathin, and dependant upon that would also be a chagne in the pulse—it would probably by hard, provided he had recovered from the immediate effect of the accident, the collapse, which must be presumed if he had lived for a day or two after—the effect on the breath would show itself externally, thus (
<hi rend="italic">descrubing it</hi>)—we breathe with regularity, a certain number of times in a minute, with more or less tran
<xptr type="pageFacsimile" doc="186009170041"/>
<p>but there would be a diffuculty in drawing his breath if the walls of the chest, the ribs, were extensively broken, and especially if the breast
<lb/>bone were broken; and itr would exhibit itself externally in the way I have described—I should call it a panting, a hard and struggling breathing—it would not prevent his eating his food—the same appearance of breathing would be visible during the time of his eating—that appearance of breath
<lb/>ing would be continuous—it is not such an appearance I think as to escape the attention of a medical man—I heard, likewise, of the rupture of the liver, and the extravasation of blood in the abdomen—supposing it to have occurred on the Wednesday I think that quantity could not have been dis
<lb/>coverable; the liver may be ruptured to the slight degree I heard without any very manifest symptoms, but if I recollect rightly about two pounds, that is, about two pints, of blood were lost out of the liver—I cannot come to any very distinct conclusion on that point, as to when it was done—those injuries were inflicted, I should think, shortly before the death, perhaps a few hours, certainly, I should say, not more than a few hours—with these par
<lb/>ticular injuries a lunatic, or a person in any condition of body, would not be able to alter the state of his breath—the difference between the mode in which a lunatic sustains an accident is this, that a lunatic having broken his collar-bone, or his thigh, or his arm, say his thigh, will do what a sane person will not do, attempt to stand upon it; and if the limb is capable of sustaining him he may do so, or he may make a blow with his broken arm, and he does not manifest any sense of pain, but if his tongue is cut, or his chest is broken in, that is, his sense of talking or breathing, then his lunacy would not help him to carry on the functions of his body any more than in the case of a sane person—the puse would be different if the loss of blood had taken place at once; if it had been gradual loss it might not—it was a very slight wound of the liver, which is an organ that bleeds very profusely when injured—if the loss had been gradual it might not have affected his pulse manifestly, but if it had taken place within the moment, the half hour or so on, it would affect it—supposing injuries of that kind had occurred on the Wednesday and the death on the Saturday, I should undoubtdly have expected to find symptoms of inflammation—that applies both to the injuries of the chest and liver, but more especially to the chest.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> If the injury was on the Wednesday you think there would have been symptoms of inflammation by the Saturday?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> In giving that opinion about the breaking of the ribs, and the consequent effect upon the pulse and also upon the breathing, are you assuming that the chest was knocked in, or merely that the bones were fractured?
<hi rend="italic">A.</hi> Merely that the bones were fractured; not necessarily displaced—I am presuming that they were not displaced; I understood that they were not; not at all—certainly there would be con
<lb/>siderable impediment to the breathing, in my judgment and experience in such cases—the muscles which assist in breathing are attached to the ribs, and the ribs being separated, they would lose their purchase—some of them come round the sternum, they lie between; others are attached—supposing the sternum were ruptured to actual separation, and assuming the cartilage was not displaced, that there was something still which held it together, I think that it undoubtedly would affect the muscular system; the mere breaking of the bone without displacing the cartilage round it—that alone would affect the breathing, to such an extent, that any observant persons, such as these gentlemen who have been examined, must notice it—I have had no experience of the intelligence of keepers of asylums, but I think you</p>
<xptr type="pageFacsimile" doc="186009170042"/>
<p>would observe it; any intelligent person would—within a couple of days or so it produces an uncontrollable tendency to cough, the irritation is so great and uncontrollable, even by a person suffering under the form of paralysis which induces the absence of pain—notwithstanding all those con
<lb/>ditions, I still think that an ordinary person would obseve the difference; these are involuntary muscles and not paralysed by the kind of palsy so described—supposing the system of the chest to be broken and not displaced, I should say a patient would not feel any difficulty in sitting down or getting up—I do not think a sane person would move about much; how far a lunatic would do so, I cnnot say—I have seen accidents occurring to lunatics brought into hospitals, but have had no further practice amongst lunatics—a person may break two or three ribs or more and be almost un
<lb/>conscious of it; it depends upon the rib—I should not like to venture to define very accurately how much of the sternum or how many of the ribs may be broken without the person betraying these symptoms; but the breaking of a breast-bone is a very different thingt from the breaking of a rib—I think that the sternum is searcely ever broken without the ribs being broken; I never saw it—I should not like to say how many ribs might be broken without showing the symptoms; a great point is finding so many ribs broken—I do not know of an instance of the breast-bone being broken without the ribs, except by one shock—assuming the breast-bone or one or two ribs to be broken on the Wednesday, it might happed that from a little extra violence, a fall or anything of that sort, the rest would follow and the other ribs would go; it would be more likely; it would depend upon where the breast-bone was broken—supposing the main bone of the breast to be broken through and one or two ribs to have gone with it, the rest would be more likely to break from want of support—I never saw the breast-bone broken without considerable innury to the ribs; I do not con
<lb/>ceive it could be broken alone.</p>
<hi rend="italic">Q.</hi> Having heard the evidence of the number of kicks, the stamping, and the blows of the fist, do you think all that could have occurred without leaving any marks at all externally?
<hi rend="italic">A.</hi> I have seen such extraordinary injuries without any external sign, that, although I should certainly have expected there would have been marks seen, I would not say that it was impossible, but I should have expected marks on his body—if it was pos
<lb/>sible with one blow, every additional blow would render it more impro
<lb/>bable—I think the effect of the kicking would be more likely to be seen than the stamping.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> You have never had the super
<lb/>intendence of a Lunatic Asylum?
<hi rend="italic">A.</hi> Never; I have had rather more than the casual cases of a medical man—I belong to a hospital nad, of course, lunatics, like other persons, come there; no further than that—the ribs are surrounded by a membrane—the lungs might play without much difficulty if only one or two ribs were broken, and there was no displacement; but not with eleven ribs—I have known it occur with two or three, never with eleven—it partly depends upon the ribs; these were from the fourth—I have never met with an instance in which there have been more than three ribs broken where the breathing has not been impeded—I should not be surprised at it to the extent of three ribs; I have seen one, two, or three ribs broken, and not felt, till the next day—I think it possible that the effusion upon the liver might have been going on for a few days—I think it possible that a partial laceration might have taken place a few days before, and that have gone on increasing till the Saturday.</p>
<xptr type="pageFacsimile" doc="186009170043"/>
<hi rend="smallCaps">
<persName id="t18600917-name-140" type="witnessName">
<interp inst="t18600917-name-140" type="gender" value="male"/>
<interp inst="t18600917-name-140" type="surname" value="DUKE"/>
<interp inst="t18600917-name-140" type="given" value="JAMES"/>DR. JAMES DUKE</persName> </hi>. I am vice-president of the Royal College of Surgeons and senior surgeon at the London Hospital—I am also surgeon to St. Luke's Hospital for lunatics—I have been connected with that hospital for forty years—in the course of my duties at the London Hospital some 10,000 or 12,000 accidents come under my observation in the course of a year, they do not all come under my observation—I have heard the medical evidence in this case and the description of the post mortem appearances—in my judgment the injuries that I have heard detailed were the proximate cause of death; I include the whole of the injuries collectively—I think it not probable that those injuries were inflicted on the Wednesday, he not suffe
<lb/>ring in the interval between the Wednesday and Saturday—I should say they were inflicted at no considerable period before death; I mean a few hours before death, so that there was not a sufficient interval for inflammatory disease to occur—I have heard Mr. Tucker state that be felt the man's pulse at 1 o'clock on the day of his death, and that it was then in a healthy con
<lb/>dition—I do not think that is at all consistent with the previous infliction of such injuries as these—the injuries to the sternum and ribs would most undoubtedly cause a perceptible effect upon the respiration—I have heard the evidence of Mr. Partridge, and, in the main, I agree with it—I believe that insane persons can conceal pain or not feel it; but as regards the dis
<lb/>turbance of functions, I think they cannot conceal it.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Do you take in all classes of in
<lb/>sane patients at St. Luke's?
<hi rend="italic">A.</hi> Not every class; they reject paralytic and epileptic cases, they are sent to other asylums—the absence of pain is not limited to paralytic patients, nor chiefly so—I do not know that there really is an absence of pain; there is an absence of expression—it arises from a dullness of the nervous system from some cause, but not necessarily from paralysis—I would not say generally from paralysis—we sometimes find insane patients suffering from other causes with an apparent absence of pain—I do not know that I have known cases where, with broken ribs, a patient has sung and danced j but I have known them move about without any apparent inconvenience, with one or two or even three ribs broken; I might perhaps go to the extent of three; they would not necessarily suffer a great deal of inconvenience—I should agree with Mr. Partridge in not going beyond the third rib—Dr. Forbes Winslow is an authority on these matters—I can easily believe that a person may walk about with a broken rib without showing any signs of suffering—I think the whole of the fractures collectively must necessarily have occurred recently—if one rib is fractured the adjoining ribs will always support the walls of the chest; even with the sternum broken it might not materially weaken the functions of respiration—a patient might not evince pain with one or two ribs broken, and the functions of respiration might not be materially interfered with—I do not mean that it was because I found so many ribs broken that I think the injury must have occurred immediately before death; but there was no evidence of inflammation—the excitement in the pleura might arise from the effusion of blood at the time of the accident—it might also be evidence of inflammation in connexion with other things; but those other things in this case were apparently absent, at least, they were not mentioned—it is because so many as eleven ribs were broken and the liver ruptured, that I think all this must have occurred shortly before death, in connexion with the absence of symptoms previous to the Saturday—I could not undertake to say how much of the injury might have occurred on the Wednesday and yet the man have lived till the Saturday; perhaps he might have lived with</p>
<xptr type="pageFacsimile" doc="186009170044"/>
<p>the whole of the injuries, but he would have exhibited in the interval very marked symptoms of distress in his breathing—if the system had severely been fractured on the Wednesday and not displaced till the Saturday, I still think there would have been so marked an alteraton in the breathing as necessarily to have excited the attention of any ordinary person.</p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> You have dwelt a good deal upon inflam
<lb/>mation; assuming the injuries to have been inflicted on the Wednesday, and the death on the Saturday, in your judgment must there have been ap
<lb/>pearance of inflammation?
<hi rend="italic">A.</hi> I think it is highly probable.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> What are the symptoms of inflammation?
<hi rend="italic">A.</hi> A deposition of a pecular fibrinous matter on the surface of the pleura or the peritoneun, with an increased turgescence of the vessels of the parts—there may also be the effusion ofserous fluid as stated.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-141" type="witnessName">
<interp inst="t18600917-name-141" type="gender" value="male"/>
<interp inst="t18600917-name-141" type="surname" value="HOLT"/>
<interp inst="t18600917-name-141" type="given" value="BARNARD"/>BARNARD HOLT</persName> </hi>. I am surgeon at the Westminster Hospital—I have heard the evidence in this case, and the opinions that have been expressed by Mr. Partridge and Mr. Duke—I concur in those opinions—if he injuries had been inflicted on the Wednesday, I do not think it would be possible that there should have been no symptoms of them observable till the Saturday.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> That applies to the whole of the injuries, I suppose?
<hi rend="italic">A.</hi> That applies to the whole of the injuries.</p>
<hi rend="smallCaps">
<rs id="t18600917-769-verdict-1" type="verdictDescription">
<interp inst="t18600917-769-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18600917-769-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday, September</hi> 19
<hi rend="italic">th</hi>, 1860.</p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Justice
<hi rend="smallCaps">BLACKBURN</hi>; Mr. Ald.
<hi rend="smallCaps">COPELAND</hi>, M.P.; Sir
<hi rend="smallCaps">JAMES DUKE</hi>, Ald. M.P. Bart; and Mr. Ald.
<hi rend="smallCaps">LAWRENCE</hi>.</p>
<hi rend="italic">Before Mr. Justice Blackburn.</hi> </p>
<div1 type="trialAccount" id="t18600917-769a">
<interp inst="t18600917-769a" type="uri" value="sessionsPapers/18600917"/>
<interp inst="t18600917-769a" type="date" value="18600917"/>
<join result="criminalCharge" id="t18600917-769a-charge-1" targOrder="Y" targets="def1-769a-18600917 t18600917-769a-offence-1 t18600917-769a-verdict-1"/>
<persName id="def1-769a-18600917" type="defendantName">
<interp inst="def1-769a-18600917" type="gender" value="female"/>
<interp inst="def1-769a-18600917" type="age" value="23"/>
<interp inst="def1-769a-18600917" type="surname" value="HOLDER"/>
<interp inst="def1-769a-18600917" type="given" value="MARY"/>
<hi rend="largeCaps">MARY HOLDER</hi> (23)</persName>
<rs id="t18600917-769a-offence-1" type="offenceDescription">
<interp inst="t18600917-769a-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18600917-769a-offence-1" type="offenceSubcategory" value="forgery"/>, Feloniously forging and uttering an order for the payment of 10
<hi rend="italic">l</hi>. with intent to defraud.</rs> </p>
<hi rend="smallCaps">MR. GIFFARD</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18600917-name-143" type="witnessName">
<interp inst="t18600917-name-143" type="gender" value="male"/>
<interp inst="t18600917-name-143" type="surname" value="ROWE"/>
<interp inst="t18600917-name-143" type="given" value="ARTHUR"/>ARTHUR ROWE</persName> </hi>. I am a cashier at Messrs. Hoare's—Mr. Hugh Points Mallet keeps an accpunt there, and has done so for many years—about 27th July, Leete came and presented a piece of paper—I examined it and gave it back to him—it had been originally delivered to Mr. Drake, with other pieces of paper of a similar description.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-144" type="witnessName">
<interp inst="t18600917-name-144" type="gender" value="male"/>
<interp inst="t18600917-name-144" type="surname" value="LEETE"/>
<interp inst="t18600917-name-144" type="given" value="JOHN"/>JOHN LEETE</persName> </hi>. I am a provision dealer of 143, Sloane-street—on Satur
<lb/>day, 21st July, the prisoner came and asked if I could save her the trouble of going into the City, and give her change fer a 10
<hi rend="italic">l</hi>. cheque—I said that it was inconvenient at that hour, but that the probability was that in the after part of the day I should be able to do it for her—she went away and came in the afternoon, and I gave her two 5
<hi rend="italic">l</hi>. notes for it—I asked her address and she wrote it, "Ann Watson, 60, Westbourne Terrace,"—she gave me the cheque—I kept it till Monday, presented it at Hoares' bank, and they returned it to me without any money, in consequence of which I enclosed it to Mr. Mallett, and afterwards received it back from him—I went on the Thursday following to Mr. Drake's, 34, Chester-square, and saw the prisoner there—Mr. Drake asked her if she knew the address of a servant who had left in the spring, as a cheque had been taken out of her book she thought about the time that the party inquired about left—I said nothing to her, nor did I explain to her why I was there—she went away out of my</p>
<xptr type="pageFacsimile" doc="186009170045"/>
<p>presence, and at half-past 8 the same evening she came to my house by Mrs. Drake's directions—I placed before her the cheque iu question, and asked her why she gave the wrung address to that document—she said that she knew nothing whatever about the cheque—she denied it for a considerable time, and I was as positive that she passed it to me, and she then made the admission that she had—I said, "Did I give you two 5
<hi rend="italic">l</hi>. notes for this cheque?" she said, "Yes"—I then accompanied her to her mistress's house, before whom she said she would make a further revelation than to me—her mistress asked her whether slie knew anything of the cheque, and she said that Crouch, the party who left Mrs. Drake in the spring, had sent it to her by post to pay some accounts, which she had paid with the money—I then left her—I kept the pietoe of paper about ten days, till Mr. Holder, of the Strand, called on me, and asked to see it—he gave me 10
<hi rend="italic">l</hi>. for it, and I gave it to him.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-145" type="witnessName">
<interp inst="t18600917-name-145" type="gender" value="male"/>
<interp inst="t18600917-name-145" type="surname" value="HOLDER"/>
<interp inst="t18600917-name-145" type="given" value="WILLIAM THOMAS"/>WILLIAM THOMAS HOLDER</persName> </hi>. I am the prisoner's uncle—I called on Mr. Leate and got a cheque from him, which I destroyed.</p>
<hi rend="smallCaps">MR. GIFFARD</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">JOHN LEATH</hi>.
<hi rend="italic">Q.</hi> Now tell us what the cheque was.
<hi rend="italic">A.</hi> It was drawn on Messrs. Hoare for 10
<hi rend="italic">l</hi>. by H.P. Mallett—I do not remember the number of it, it was the same that I tendered at Hoare's bank, and which was refused, and which I afterwards gave Mr. Holder.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. LAWRENCE</hi>.
<hi rend="italic">Q.</hi> What time did she call first?
<hi rend="italic">A.</hi> About 10 o'clock—I did not notice that she had a letter in her hand then or on the second occasion—I do not remember her putting a letter down on the counter—she did not tell me she had had a letter from a friend in the country—when Mrs. Drake asked her the address of a young woman who had left in the spring, she said that she thought she had it—Mrs. Drake asked her if she knew anything about the cheque, and if she thought it was in the writing of the person she was inquiring about, and the prisoner replied that she believed it was not—I understood by "the party who left in the spring," Crouch, Mrs. Drake's cook.</p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> Did she suggest at that time that she had received that cheque from Crouch?
<hi rend="italic">A.</hi> Not at that time—the said that she knew nothing whatever of it.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-146" type="witnessName">
<interp inst="t18600917-name-146" type="gender" value="female"/>
<interp inst="t18600917-name-146" type="surname" value="DRAKE"/>
<interp inst="t18600917-name-146" type="given" value="JANE TYRWHIT"/>JANE TYRWHIT DRAKE</persName> </hi>. I live at 34, Chester-square—the prisoner has been in my service as lady's-maid for a year and a half—Mr. Leate came to my house in July—I have heard his account of it, and have nothing to add, except that he asked whether the prisoner would pay it off—she said that she would—he said, "Have you got it?"—she said, "I have only two sovereigns left"—he said, "Go and fetch them"—she did so, and said, "I will pay the rest in two or three days"—I said to heir the same evening, that I would give her an opportunity of justifying herself if she could pay it, and she told me something about the cook, but did not give me her address; she said she had lost it—I also bank at Messrs. Hoare's—I miss a leaf from my blank cheque-book—the cheque which was produced is the same number and the same appearance—the entire leaf is taken out—I did not join it into the book, because it has been cut or torn afterwards, and would not have fitted—part of the counterfoil was left when it was pro
<lb/>duced—on the Saturday morning, at 12 o'clock, the prisoner went out and never came back—I was not in the least aware that she was going to leave—my cheque book was kept sometimes in a drawer, and sometimes in a desk, both of which were locked—the prisoner may have got access to my keys—Crouch left my service on 7th June.</p>
<hi rend="italic">Cross-examined. Q.</hi> The prisoner came to you, I believe, with a</p>
<xptr type="pageFacsimile" doc="186009170046"/>
<p>excellent character?
<hi rend="italic">A.</hi> Yes; but not from the person she had lived with last—I had from Lady Stephenson—she is an educated young person—the cheque that has been abstracted was taken out, I suspect, about May—here are several cheques after May and before July—these entries on the counterfoil are in my writing.</p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> When did you first find out the leaf had been taken out?
<hi rend="italic">A.</hi> When Mr. Leate came—the counterfoil before where this cheque is taken out is May 3d, and the one after is May 20th—these are in my writing, and there are the dates on which I drew cheques—I always draw the first cheque—I do not remember ever leaving a leaf—I did not miss this leaf till 26th Jule—I may have begun to write a cheque and not completed it, but I do not think it was so in this instance, because there was only one missing from the book.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-147" type="witnessName">
<interp inst="t18600917-name-147" type="gender" value="male"/>
<interp inst="t18600917-name-147" type="surname" value="ROWE"/>
<interp inst="t18600917-name-147" type="given" value="ARTHUR"/>ARTHUR ROWE</persName> </hi> (
<hi rend="italic">re-examined</hi>). When the cheque was presented it had no counterfoil attached to it, it was cut or torn across at the right place—we do not issue cheques in duplicate—this is Mrs. Drake's number.</p>
<hi rend="italic">Cross-examined. Q.</hi> I suppose it sometimes happens that one customer may use another customer's cheque?
<hi rend="italic">A.</hi> Well, it has happened.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-148" type="witnessName">
<interp inst="t18600917-name-148" type="gender" value="male"/>
<interp inst="t18600917-name-148" type="surname" value="MALLETT"/>
<interp inst="t18600917-name-148" type="given" value="HUGH POINTS"/>HUGH POINTS MALLETT</persName> </hi>. I keep an account at Hoare's bank, and have done so for some years—the prisoner was in my service as lady's-maid for about a year, two or three years ago—I remember receiving from Mr. Leate a cheque puporting to be drawn by me—it was not my cheque, or written by my authority.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-149" type="witnessName">
<interp inst="t18600917-name-149" type="gender" value="male"/>
<interp inst="t18600917-name-149" type="surname" value="HUSSEY"/>
<interp inst="t18600917-name-149" type="given" value="ALEXANDER"/>ALEXANDER HUSSEY</persName> </hi> (
<hi rend="italic">Policeman.</hi>) I went in search of the prisoner in August, with Mr. Leate—I found her at Walton on the Naze—Mr. Leate said, "Mary, I have found you at last; are you going to settle for this cheque?"—she said, "Yes; I will settle with you if you will come inside"—I said, "I shall allow no compromise, I am an officer, and shall take you in custody for stealing 16
<hi rend="italic">l</hi>. and a cheque from Mrs. Drake, your late mistress, of 34, Chester-square."</p>
<hi rend="italic">Cross-examined. Q.</hi> What else did she say?
<hi rend="italic">A.</hi> She said, "When did I steal the money?" I said, "I cannot say when stole it; but it was missed when you went away" she said, "It is very well Mrs. Drake to say it was me; but she has other servants"—I asked her what money she had—she produced a purse containing four sovereigns and six or seven shillings, and at the station she gave me a 5
<hi rend="italic">l</hi>. note.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-150" type="witnessName">
<interp inst="t18600917-name-150" type="gender" value="male"/>
<interp inst="t18600917-name-150" type="surname" value="MULLENS"/>
<interp inst="t18600917-name-150" type="given" value="RICHARD"/>RICHARD MULLENS</persName> </hi>. I am the solicitor for the prosecution—in conse
<lb/>quence of a letter I received, I called on the prisoner's uncle, made a com
<lb/>munication to him, and he wished me to see her—I saw her about three weeks, ago, after her committal for trial, and she said that the otehr sevant sho had left knew nothing about it.</p>
<hi rend="italic">Cross-examined. Q.</hi> Was that all she said?
<hi rend="italic">A.</hi> No; I was with her a quarter of an hour or twenty minutes, in the presence of her uncle—she refused to give me any information about the person who had got up the cheque.</p>
<rs id="t18600917-769a-verdict-1" type="verdictDescription">
<interp inst="t18600917-769a-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18600917-769a-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of Uttering.—Recommended to mercy by the Jury.</hi> </rs>
<hi rend="italic">
<rs id="t18600917-769a-punishment-32" type="punishmentDescription">
<interp inst="t18600917-769a-punishment-32" type="punishmentCategory" value="imprison"/>
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<join result="defendantPunishment" targOrder="Y" targets="def1-769a-18600917 t18600917-769a-punishment-32"/>—Three Years' Penal Servitude.</rs> </hi> </p> </div1>
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<persName id="def1-770-18600917" type="defendantName">
<interp inst="def1-770-18600917" type="gender" value="male"/>
<interp inst="def1-770-18600917" type="age" value="22"/>
<interp inst="def1-770-18600917" type="surname" value="THOMPSON"/>
<interp inst="def1-770-18600917" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS THOMPSON</hi> (22)</persName>
<rs id="t18600917-770-offence-1" type="offenceDescription">
<interp inst="t18600917-770-offence-1" type="offenceCategory" value="damage"/>
<interp inst="t18600917-770-offence-1" type="offenceSubcategory" value="arson"/>, Feloniously setting fire to a stack of hay, the property of
<persName id="t18600917-name-152" type="victimName">
<interp inst="t18600917-name-152" type="gender" value="male"/>
<interp inst="t18600917-name-152" type="surname" value="WINTERBURN"/>
<interp inst="t18600917-name-152" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18600917-770-offence-1 t18600917-name-152"/>Thomas Winterburn</persName>.</rs> </p>
<hi rend="smallCaps">MR. GIFFARD</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18600917-name-153" type="witnessName">
<interp inst="t18600917-name-153" type="gender" value="male"/>
<interp inst="t18600917-name-153" type="surname" value="PRITCHARD"/>
<interp inst="t18600917-name-153" type="given" value="PAUL"/>PAUL PRITCHARD</persName> </hi> (Policceman, N 237). On the night of 30th August last, inconsequence of information I recived, I went to the station for the keys</p>
<xptr type="pageFacsimile" doc="186009170047"/>
<p>of the engine-house—I found the prisoner there—he told me that he came I to give himself up for setting fire to the hay-stack—I asked him if he did set fire to it—he said, "That's my business"—I then asked him a second I time if he did set fire to it—he said, "Yes; I did, and I wish to give I myself up for it"—I ran up to the hay-stack to see whether it was on fire, and it was all in a blaze—that was before he had spoken to me, and before I went to the station for the keys—I received information that the hay-stack was on fire, and I immediately ran up and saw that it was so, and I then ran back to the station to get the keys—I took the prisoner into custody—I searched him, and found on him a shirt and four shirt-collars; a box of matches, a knife, and a pipe—there were lucifers in the box; there was also this broken box (
<hi rend="italic">produced</hi>)—there were no matches in that.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> When you say the "station," do you mean the police-station?
<hi rend="italic">A.</hi> Yes; the engine-house is kept there.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Was he sober at the time?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-154" type="witnessName">
<interp inst="t18600917-name-154" type="gender" value="male"/>
<interp inst="t18600917-name-154" type="surname" value="BOSWELL"/>
<interp inst="t18600917-name-154" type="given" value="CHARLES"/>CHARLES BOSWELL</persName> </hi>. I am a baker, living at Enfield Town—on the night of 13th August last I was passing from Enfield, through the fields leading to Edmonton, and saw the prisoner at a gate on the left hand side, leading to a foot-path, lighting his pipe—I spoke to him, but he did not make me any answer—this was about a quarter to 6 o'clock—I returned again about a quarter to 7, along the same foot-path, and he was then coming out of the field at the opposite gate to where I had seen him first—I saw him coming from the stack—I know Mr. Winterburn's field—that was the field where the hay-stack was, which was afterwards found to be on fire.</p>
<hi rend="italic">Cross-examined. Q.</hi> Were there any boys about there playing at cricket?
<hi rend="italic">A.</hi> Yes, they were there when I was going—they were near the hay-stack—from the hay-stack you can get a view erf the field.</p>
<hi rend="smallCaps">
<persName id="t18600917-name-155" type="witnessName">
<interp inst="t18600917-name-155" type="gender" value="male"/>
<interp inst="t18600917-name-155" type="surname" value="WINTERHOUSE"/>
<interp inst="t18600917-name-155" type="given" value="CHARLES"/>CHARLES WINTERHOUSE</persName> </hi>. I know the hay-stack which was on fire on the night of the 13th August—it was my father's.</p>
<hi rend="italic">Cross-examined. Q.</hi> Do you know how much it was burnt?
<hi rend="italic">A.</hi> Between four and five loads of it was burnt and damaged—we considered there was about twenty loads.</p>
<hi rend="smallCaps">
<rs id="t18600917-770-verdict-1" type="verdictDescription">
<interp inst="t18600917-770-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18600917-770-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
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