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<p>CENTRAL CRIMINAL COURT</p>
<p>Sessions Paper.</p>
<p>CUBITT, MAYOR.</p>
<p>THIRD SESSION, HELD JANUARY 7TH, 1861.</p>
<p>MINUTES OF EVIDENCE,</p>
<p>TAKEN IN SHORT-HAND BY</p>
<p>JAMES DROVER BARNETT</p>
<p>AND</p>
<p>ALEXANDER BUCKLER,</p>
<p>Short-hand Writers to the Court,</p>
<p>ROLLS CHAMBERS, No. 89, CHANCERY LANE.</p>
<p>THE POINTS OF LAW AND PRACTICE,</p>
<p>REVISED AND EDITED BY</p>
<p>ROBERT ORRIDGE, ESQ.</p>
<p>OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.</p>
<p>LONDON:</p>
<p>BUTTERWORTHS, 7, FLEET STREET,</p>
<p>Law publishers to the Queen's Most Excellent Majesty.</p>
<p>1860-61.</p>
<xptr type="pageFacsimile" doc="186101070002"/>
<p>THE</p>
<p>WHOLE PROCEEDINGS</p>
<p>On the Queen's Commission of the Peace,</p>
<p>OYER AND TERMINER AND GAOL DELIVERY,</p>
<p>FOR</p>
<p>The City of London,</p>
<p>AND GAOL DELIVERY FOR THE</p>
<p>COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION</p>
<p>OF THE</p>
<p>CENTRAL CRIMINAL COURT,</p>
<p>Held on Monday, January 7th, 1861, and following days.</p>
<p>
<hi rend="smallCaps">BEFORE</hi> the Right Hon.
<hi rend="largeCaps">WILLIAM CUBITT</hi>, Esq. M.P. Lord Mayor of the City of London; Sir Colin Blackburn, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir Henry Singer Keating, Knt., one of the Justices of her Majesty's Court of Common Pleas; William Taylor Copeland, Esq., M.P.; Sir James Duke, Bart., M.P.; Sir Francis Graham Moon, Bart, F. S. A.; and Sir Robert Walter Carden, Knt., Aldermen of the said City; Russell Gurney, Esq. Q.C. Recorder of the said City; Warren Stormes Hale, Esq.; John Joseph Mechi, Esq.; Edward Conder, Esq.; and James Lawrence, Esq., Aldermen of the said City; and Thomas Chambers, Esq. Common Serjeant 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>
<p>
<hi rend="smallCaps">JAMES ABBISS</hi>, Esq. Ald.</p>
<p>
<hi rend="smallCaps">ANDREW LUSK</hi>, Esq.</p>
<p>
<hi rend="italic">Sheriffs:</hi> </p>
<p>
<hi rend="smallCaps">OCTAVIUS TRYON CHAPMAN EAGLETON</hi>, Esq.</p>
<p>
<hi rend="smallCaps">CHARLES GAMMON</hi>, Esq.</p>
<p>
<hi rend="italic">Under-Sheriffs.</hi> </p>
<xptr type="pageFacsimile" doc="186101070003"/>
<p>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<p>
<hi rend="largeCaps">CUBITT, MAYOR. THIRD SESSION</hi>.</p>
<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>
<p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Monday, January</hi> 7
<hi rend="italic">th</hi>, 1861.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>.—The Right Hon. the
<hi rend="smallCaps">LORD MAYOR; SIR JAMES DUKE</hi>, Bart. M.P. Ald.;
<hi rend="smallCaps">SIR FRANCIS GRAHAM MOON</hi>, Bart Ald.;
<hi rend="smallCaps">SIR ROBERT WALTER GARDEN</hi>, Knt Ald.;
<hi rend="smallCaps">MR. RECORDER</hi>; and Mr. Ald.
<hi rend="smallCaps">JAMES LAWRENCE</hi>.</p>
<p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
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<p>116.
<persName id="def1-116-18610107" type="defendantName">
<interp inst="def1-116-18610107" type="gender" value="male"/>
<interp inst="def1-116-18610107" type="age" value="29"/>
<interp inst="def1-116-18610107" type="surname" value="SCHOTTE"/>
<interp inst="def1-116-18610107" type="given" value="SCHMIDT"/>
<hi rend="largeCaps">SCHMIDT SCHOTTE</hi> (29)</persName>, was indicted
<rs id="t18610107-116-offence-1" type="offenceDescription">
<interp inst="t18610107-116-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18610107-116-offence-1" type="offenceSubcategory" value="simpleLarceny"/> for stealing a ring, value 12
<hi rend="italic">s</hi>. the property of of
<persName id="t18610107-name-2" type="victimName">
<interp inst="t18610107-name-2" type="gender" value="male"/>
<interp inst="t18610107-name-2" type="surname" value="FITCH"/>
<interp inst="t18610107-name-2" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18610107-116-offence-1 t18610107-name-2"/>George Fitch</persName>.</rs> </p>
<p>
<hi rend="italic">The prisoner being a foreigner, had the evidence explained to him by an interpreter.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-3" type="witnessName">
<interp inst="t18610107-name-3" type="gender" value="male"/>
<interp inst="t18610107-name-3" type="surname" value="FITCH"/>
<interp inst="t18610107-name-3" type="given" value="GEORGE"/>GEORGE FITCH</persName> </hi>. I am a watchmaker and jeweller, of 5, Barbican—on Saturday afternoon, 15th December, the prisoner came into my shop—I did not know him before—he wanted to look at some signet rings; he said he wanted three of a sort—I showed him a tray—he said there were none there to suit him—I showed him four more by themselves—he selected one from them—he then said he thought there were some more in the window that he could select from—I took out four more for him, and there was another he thought would suit him—he then got me to look out another from the window, and while my back was turned to get the ring, he abstracted one of the others—I did not see him do it, but when I came back from the window, I looked at the rings that had been placed before him, and one was missing—I immediately asked him for it—he said he knew nothing at all about it, that he was a respectable man, and I was quite mistaken—I said I knew I was not mistaken, I was as positive that he had got one as possible, for there was one missing, and unless I knew more of him than I did, I Should give him into custody for stealing it, which I did; but during the interim when I went to the door to look for a policeman, he tried to throw me down and get away, but I held him tight till a policeman came—there was a lady in the shop at the time, who had come in before the prisoner—she was waiting for a watch, I was altering the regulator for her, but I left her to serve him—after the prisoner was taken away, I searched the shop and in a corner I found these two brass rings, imitation wedding-rings, and these pieces of paper all bitten and torn up—I put them together, and it is, a bill of some goods to the amount of 38
<hi rend="italic">l</hi>.—the missing ring was not found</p>
<xptr type="pageFacsimile" doc="186101070004"/>
<p>—I think he swallowed it, for he had a box of oil capsules in his pocket; or else in the struggle to get away, he must have thrown it away—I am quite satisfied that there was a ring missing—the value of it was 12
<hi rend="italic">s</hi>.—the prisoner spoke English quite well.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Do you mean to say that I threw you down?
<hi rend="italic">A.</hi> Yes; I am lame—a finger would not knock me down; I had hold of the door
<lb/>post, and I held tight hold of you—the woman who was in the shop had not the same opportunity of stealing the ring as you had—she came in before you, and waited after you were gone—I knew her well; she is a respectable person in the neighbourhood—she was not as near the rings as you were she could have reached them if she had liked—the woman was not standing nearer to the rings than you were—I was on the right, then the woman, and then you—the rings were nearer to you, especially the last lot that I took out of the window—I did not take the ring up in my hands and put it in the window, or anywhere else.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-4" type="witnessName">
<interp inst="t18610107-name-4" type="gender" value="male"/>
<interp inst="t18610107-name-4" type="surname" value="LOUGHBORO"/>
<interp inst="t18610107-name-4" type="given" value="RICHARD"/>RICHARD LOUGHBORO</persName> </hi> (
<hi rend="italic">City-policeman</hi>, 284). I was called to the shop of last witness, and took the prisoner into custody—I searched him and found on him two glass saucers, a brass pin which he wore in his scarf, this brass Albert chain which he wore in his waistcoat, and two brass imitation wedding-rings (
<hi rend="italic">produced</hi>)—this bill for 38
<hi rend="italic">l</hi>. was partly destroyed by the prisoner—I did not find any money on him—he gave me his address, No. 7, Wood-street, Tabernacle-walk, Finsbury—I put it down at the time—there is such a place.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-5" type="witnessName">
<interp inst="t18610107-name-5" type="gender" value="male"/>
<interp inst="t18610107-name-5" type="surname" value="EMBERSON"/>
<interp inst="t18610107-name-5" type="given" value="THOMAS"/>THOMAS EMBERSON</persName> </hi>. I am a jeweller—I saw the prisoner on 17th November—at that time he gave me his name and address, Brown, 21, Chiswell-street—I am quite sure the prisoner is the person.</p>
<p>
<hi rend="italic">The prisoner, in his defence, stated that he was employed to purchase some rings to send to Germany as a present, and that he went to the prosecutor's shop for that purpose, but denied stealing the ring, or making any attempt to escape.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18610107-116-verdict-1" type="verdictDescription">
<interp inst="t18610107-116-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18610107-116-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
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<p>117.
<persName id="def1-117-18610107" type="defendantName">
<interp inst="def1-117-18610107" type="gender" value="male"/>
<interp inst="def1-117-18610107" type="surname" value="SHOTTE"/>
<interp inst="def1-117-18610107" type="given" value="SCHMIDT"/>
<hi rend="largeCaps">SCHMIDT SHOTTE</hi> </persName> was
<hi rend="italic">again</hi> indicted
<rs id="t18610107-117-offence-1" type="offenceDescription">
<interp inst="t18610107-117-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18610107-117-offence-1" type="offenceSubcategory" value="simpleLarceny"/> for stealing 1 ring, value 14
<hi rend="italic">s</hi>. of
<persName id="t18610107-name-7" type="victimName">
<interp inst="t18610107-name-7" type="gender" value="male"/>
<interp inst="t18610107-name-7" type="surname" value="EMBERSON"/>
<interp inst="t18610107-name-7" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18610107-117-offence-1 t18610107-name-7"/>Thomas Emberson</persName>.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-8" type="witnessName">
<interp inst="t18610107-name-8" type="gender" value="male"/>
<interp inst="t18610107-name-8" type="surname" value="EMBERSON"/>
<interp inst="t18610107-name-8" type="given" value="THOMAS"/>THOMAS EMBERSON</persName> </hi>. I am a jeweller at 31, Fore-street—on 17th November, between 5 and 6 in the evening, the prisoner came into my shop—he said he wanted some fancy rings for presents—he selected a lot of jewellery and fancy goods to the amount of 11
<hi rend="italic">l</hi>. or 12
<hi rend="italic">l</hi>.—I put the invoice before him, and asked him if he was going to pay for them—he said, "I should wish you to send them home"—I said, "I will do so," but I had my suspicions—I accompanied him myself—when we got to the corner of Cripplegate-buildings, in Fore-street, he said, "I want to make a little call; if you will go on to my house, I will meet you in about ten minutes"—I said, "What is your name?"—he said, "Brown"—he told me his house was 21, Chiswell-street—I went there and inquired and gave a description of him—he did not come back there—I immediately hurried home and was told something—I then looked over a card of wedding-rings which had been shown to the prisoner in my absence, and I found on the card a gilt wedding-ring substituted for a gold one—this is it (
<hi rend="italic">produced</hi>)—I had shown some to him among the goods and jewellery selected—this card was shown to him—I am quite positive the prisoner is the man.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> How long was he in the shop with you?
<hi rend="italic">A.</hi> More than an hour, and then I walked with him some little way before we got to Cripplegate-buildings.</p>
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<p>
<hi rend="smallCaps">
<persName id="t18610107-name-9" type="witnessName">
<interp inst="t18610107-name-9" type="gender" value="female"/>
<interp inst="t18610107-name-9" type="surname" value="DARTON"/>
<interp inst="t18610107-name-9" type="given" value="AMELIA"/>AMELIA DARTON</persName> </hi>. I am shopwoman to the last witness—I remember the prisoner coming in on the 17th November—I am quite sure it was the prisoner—he was in the shop an hour, I should think—I was there the whole time—I saw him go out with Mr. Emberson—the prisoner returned, it might be five minutes afterwards, alone, and said he wished the wedding-ring changed as it was not large enough for the lady—I then showed him a card of wedding-rings—he tried on two—he returned me the ring—I thought it was one of those that had been on the card—he then went away—Mr. Emberson returned about ten minutes afterwards—the card was looked at and I then found this ring—it is a brass ring, gilt—the value of the gold ring is 14
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Are you positive as to my identity?
<hi rend="italic">A.</hi> Quite so—I am certain I make no mistake—I should say you were dressed as you are now.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-10" type="witnessName">
<interp inst="t18610107-name-10" type="gender" value="male"/>
<interp inst="t18610107-name-10" type="surname" value="LOUGHBORO"/>
<interp inst="t18610107-name-10" type="given" value="RICHARD"/>RICHARD LOUGHBORO</persName> </hi> (
<hi rend="italic">City-policeman</hi>, 284). I took the prisoner into custody on 15th December—I searched him, and found on him two brass rings which I produce—the chain he wore had no watch to it.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Do you know that those rings are used for curtains in Germany and cost about a halfpenny a piece?
<hi rend="italic">A.</hi> I can't say, I have not been there.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I can swear a dozen oaths that I am not the man, and that these persons have committed a great error in saying I am the man. If I am about to get a punishment, I hope it will be a moderate and a lenient one, because, if that is so, I shall on my release immediately quit England and go back to my own country.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-11" type="witnessName">
<interp inst="t18610107-name-11" type="gender" value="male"/>
<interp inst="t18610107-name-11" type="surname" value="TANNER"/>
<interp inst="t18610107-name-11" type="given" value="RICHARD"/>RICHARD TANNER</persName> </hi>,
<hi rend="italic">a Serjeant in the Metropolitan Police, produced a certify
<lb/>cate of a former conviction of the prisoner at the Middlesex Sessions in May</hi>, 1859,
<hi rend="italic">for stealing a ring, when he was sentenced to twelve months' imprisonment—he also stated that he had been twice in custody for other offences.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18610107-117-verdict-1" type="verdictDescription">
<interp inst="t18610107-117-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610107-117-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18610107-117-punishment-1" type="punishmentDescription">
<interp inst="t18610107-117-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t18610107-117-punishment-1" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-117-18610107 t18610107-117-punishment-1"/>Confined Two Years</rs>.</hi> </p> </div1>
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<join result="criminalCharge" id="t18610107-118-charge-2" targOrder="Y" targets="def2-118-18610107 t18610107-118-offence-1 t18610107-118-verdict-1"/>
<p>118.
<persName id="def1-118-18610107" type="defendantName">
<interp inst="def1-118-18610107" type="gender" value="male"/>
<interp inst="def1-118-18610107" type="age" value="50"/>
<interp inst="def1-118-18610107" type="surname" value="WILSON"/>
<interp inst="def1-118-18610107" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM WILSON</hi> (50)</persName>, and
<persName id="def2-118-18610107" type="defendantName">
<interp inst="def2-118-18610107" type="gender" value="male"/>
<interp inst="def2-118-18610107" type="age" value="26"/>
<interp inst="def2-118-18610107" type="surname" value="RUMSEY"/>
<interp inst="def2-118-18610107" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE RUMSEY</hi> (26)</persName>
<rs id="t18610107-118-offence-1" type="offenceDescription">
<interp inst="t18610107-118-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18610107-118-offence-1" type="offenceSubcategory" value="forgery"/>, Feloni
<lb/>ously uttering a forged Bank of England note for 10
<hi rend="italic">l</hi>. with intent to defraud.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. GIFPARD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">H. MATTHEWS</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-14" type="witnessName">
<interp inst="t18610107-name-14" type="gender" value="indeterminate"/>
<interp inst="t18610107-name-14" type="surname" value="SMITH"/>
<interp inst="t18610107-name-14" type="given" value="EDENEZER PYE"/>EDENEZER PYE SMITH</persName> </hi>. I am a surgeon, of 7, Billiter-square, and am the medical attendant of Mr. Arthur Bennett, of Wells-street, Hackney, who has been ill for some time—he had a very severe illness fourteen years ago, and soon after this occurrence he became very ill, and has been so about two months—it is a tendency to softening of the brain—I ordered him to leave London, and he has been away six or seven weeks, during which time I have only seen him once, and that was on Friday last—he was not then in a condition to come up here and give evidence—the effort of giving evidence would be dangerous to his life, and I, as his medical atten
<lb/>dant have forbidden it.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Where is he?
<hi rend="italic">A.</hi> At St. Albans—he went there, I believe, about six weeks ago, to my recollection—he walks out and I dare say he can do so every day—he does not go out of St. Albans at all—he could go to the train and by the train, and it would not much hurt him to go by a cab—I mean to say that he is unable to travel and give evidence at this Court—he is not able to give evidence—I think it would be prejudicial to his health, and he is unable to give evidence—he could state in a whisper what he stated before the Magistrate—I think he is so ill and nervous that if vigorously cross-examined he would soon become confused, and could hardly be depended upon; he is</p>
<xptr type="pageFacsimile" doc="186101070006"/>
<p>forgetful—I saw him last on Friday, and thought him worse than he was a month or three weeks go—I saw him just before last Session for the purpose of judging whether he could come and give evidence—he is wore now than he was then.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Is he attended by a surgeon at St. Albans?
<hi rend="italic">A.</hi> No: he is under my directions and I have seen him twice—he corresponds with me on account of his health, but not so often as two or three times a week—I have received, I believe, three letters from him since he has been at St. Albans.</p>
<p>
<hi rend="smallCaps">MR. MATTEWS</hi>.
<hi rend="italic">Q.</hi> Has he got his wife with him?
<hi rend="italic">A.</hi> Yes, she acts as his nurse—I think the softening of his brain is slowly progressing, and do not see any prospect of his throwing it off—he could only make himself heard in Court in a whisper.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Travelling does not affect him, does it?
<hi rend="italic">A.</hi> Well, I think it might affect him—he is not too ill to travel: he can journey, but he cannot complete the object of that journey—he could certainly travel from St. Albans here, without material injury to his health.</p>
<p>
<hi rend="smallCaps">MR. MATTHEWS</hi>.
<hi rend="italic">Q.</hi> Would travelling with the knowledge that he was coming to give evidence, be injurious to him?
<hi rend="italic">A.</hi> I think it would.</p>
<p>
<hi rend="smallCaps">MR. GIPPARD</hi>
<hi rend="italic">proposed to read the deposition of Arthur Bennett, to which</hi>
<hi rend="smallCaps">MESSRS. SLEIGH</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">METCALFE</hi>
<hi rend="italic">objected, the words of the statute being "dead, ill, or unable to travel," neither of which words applied to the present case. (See Reg. v. Cockburn, 1st Dearsley's Crown Cases.</hi>)
<hi rend="smallCaps">MR. GIFFARD</hi>
<hi rend="italic">thought although the witness might be able to travel, there was no reason to hope that he would be able to give evidence if here, and therefore that his deposition was admissible, specially as he was not likely to get any better.</hi>
<hi rend="smallCaps">MR. MATTHEWS</hi> (
<hi rend="italic">on the same side</hi>)
<hi rend="italic">submitted that a man might be able to be removed in a help
<lb/>less state for the benefit of his health, yet he might not be able to travel to give evidence; here the medical man deposed that there was no hope of the prosecutor getting better, all chance of his being able to give evidence was shut out, and his deposition became admissible.</hi> </p>
<p>
<hi rend="smallCaps">MR. METCALFE</hi>
<hi rend="italic">to the witness. Q.</hi> Have you prescribed walking for him?
<hi rend="italic">A.</hi> No, but he walks out, he takes short walks—a short walk, deliberately and slowly, does him no harm.</p>
<p>
<hi rend="smallCaps">MR. METCALFE</hi>
<hi rend="italic">further contended that the statute had always been construed very strictly, because a person might in the absence of attorney or counsel muck a statement prejudicial to the life of a prisoner and then take himself of, is order to avoid a cross-examination.</hi>
<hi rend="smallCaps">THE COURT</hi>
<hi rend="italic">would not refuse to receive the evidence but would reserve the point if necessary.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-15" type="witnessName">
<interp inst="t18610107-name-15" type="gender" value="male"/>
<interp inst="t18610107-name-15" type="surname" value="BYWATER"/>
<interp inst="t18610107-name-15" type="given" value="JOHN"/>JOHN BYWATER</persName> </hi> (
<hi rend="italic">Policeman</hi>). I was present when Mr. Bennett was examined as a witness before the Magistrate against the prisoners—they had opportunity of cross-examining him.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Were there two examinations?
<hi rend="italic">A.</hi> Three—Mr. Bennett was examined on each hearing—I am not sure whether I was present when he signed his deposition.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLRIGH</hi>.
<hi rend="italic">Q.</hi> Were you present during the whole of the three examinations?
<hi rend="italic">A.</hi> Yes, the whole time—the evidence on each occasion was taken down in a note-book, and then copied into the deposition paper—I saw the clerk copying from the original note-book—I did not compare the depositions with the notes in the book—it was read over to Mr. Bennett, and he was asked whether it was correct.</p>
<p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Is that so, because you said you were not certain whether you were present
<hi rend="italic">A.</hi> Yes, I was—I was there after it was com
<lb/>pleted on the third occasion.</p>
<xptr type="pageFacsimile" doc="186101070007"/>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Was Mr. Bennett sworn?
<hi rend="italic">A.</hi> Yes, on each occasion. Jambs Tyler. I believe the signature to this deposition to be Mr. Arthur Bennett's writing—I have seen him write many times—I was a witness at the police-court when he was examined, and I think I saw him sign it.</p>
<p>
<hi rend="italic">The deposition was then read at follow</hi>:—
<hi rend="smallCaps">ARTHUR BENNEYY</hi> says: I am a builder, and reside at Hackney. On Wednesday, the 3d instant, at about 2 o'clock in the afternoon, I was standing at my yard gate when I saw the prisoner Wilson coming towards me; he came up to me and spoke about the weather, then upon business—he said, "Very unpleasant business has brought me here to-day; a man whom I've had in my employ, and my father twenty years before, has recommended me to a gentleman in this neighbourhood of the name of Drake, who has a pony for sale; perhaps you know him, he is a Quaker, and they are very particular folks to deal with—I came down yesterday, and saw the pony, and it's just such a one as I want; they have been driving it in a basket chaise, with a lady, and I want it for the same purpose; I have agreed to give ten guineas for the pony." He again repeated that the gentleman's name was Drake, and that he lived in Hack
<lb/>ney. I told him that I did not know Mr. Drake, when he, the prisoner, said, "I gave my man, this morning, a 10
<hi rend="italic">l</hi>. note, and a sovereign, to go for the pony, pay for it, and bring it to me home, but, to my surprise, he came back with the 10
<hi rend="italic">l</hi>. note and sovereign, but without the pony." He then went on to say that the gentleman would not let him have the pony, and then added, "I have come down to know the reason, and, to my vexation, found that my man had offered the gentleman ten pounds instead of the ten guineas, and Mr. Drake was so exasperated that he would not let him have the pony at all." The prisoner Wilson then said that he had seen Mr. Drake's groom, who had promised "to follow me here.'1 On saying this, he, Wilson, turned round, and exclaimed, "O, here he is!" and the other prisoner, Rumsey, came up, and Wilson said to him, "I have been telling this gentleman how your muster has served me with respect to the pony." (I took Rumsey to be Mr. Drake's groom.) Ramsey's reply to Wilson was, "No, roaster won't sell it you at any price; I could sell it, but not to you," addressing Wilson. Wilson then turned to me, and asked me how he should get out of it. I said, "Well, you give me the money, and I will give it to the groom," meaning Rumsey; "and he can go and tell his master that I have bought it, and then he can give the pony up to you." Rumsey then said, "No, you are not to have it; that won't do, I'm not to take his money." Wilson then said, "As the groom seems so particular, is there anywhere we can go and sit down?" I said, "Oh, yes!" and led the way into my own house—we seated ourselves, and Wilson took out his pocket-book, and laid it down on the table, then opened it, so that I could see a lot of notes, and he took out one note which appeared to me to be a 5
<hi rend="italic">l</hi>. bank note; he then took out a 10
<hi rend="italic">l</hi>. bank note, and said, "This is the note I gave my man this morning;" he then replaced the other note, folded his pocket-book, and put it into his pocket. The other prisoner was not then with us; he was waiting at the gate. Wilson gave me the 10
<hi rend="italic">l</hi>. note, and one sovereign; that was in my house. I told him that the sovereign made it 10
<hi rend="italic">s</hi>. more than was to be given for the pony, upon which he said, "O, never mind, those men always expect something." We then went to the gate where the groom (Rumsey) was standing; I tendered him the 10
<hi rend="italic">l</hi>. note and the sovereign; he objected to taking the note, saying that his master would not have the money from Wilson, and that his master would know it was his, and that he.(Rumsey) would lose</p>
<xptr type="pageFacsimile" doc="186101070008"/>
<p>his situation. He then gave me the note back, and Wilson asked me to change it. I took the note in ray hand, and went to a butcher close by to get it changed. Rumsey went with me; he waited outside while I went in. I told the butcher what I wanted, and he came out with me, and directly collared Rumsey; I turned and saw Wilson running away. I kept possession of the 101. note; it is now produced; I wrote my initials on it; it has since been stamped "forged," as it now appears. Rumsey was given into custody, and Wilson was afterwards taken by a police-constable. Wilson offered me a sovereign to let him go, but I told him I would not if he gave me a hundred. The pocket-book produced is the same in which I saw what appeared to be bank notes at my house. Rumsey was then dressed nearly as he is now."</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-16" type="witnessName">
<interp inst="t18610107-name-16" type="gender" value="male"/>
<interp inst="t18610107-name-16" type="surname" value="BYWATER"/>
<interp inst="t18610107-name-16" type="given" value="JOHN"/>JOHN BYWATER</persName> </hi> (
<hi rend="italic">continued</hi>). This (
<hi rend="italic">produced</hi>) is the 10
<hi rend="italic">l</hi>. note which Mr. Bennett referred to—he handed it to me himself.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-17" type="witnessName">
<interp inst="t18610107-name-17" type="gender" value="male"/>
<interp inst="t18610107-name-17" type="surname" value="TYLER"/>
<interp inst="t18610107-name-17" type="given" value="JAMES"/>JAMES TYLER</persName> </hi>. I am a butcher of Wells-street, Hackney—Mr. Arthur Bennett was a neighbour of mine—he came into my shop on 3rd October with a 10
<hi rend="italic">l</hi>. note for change, and made a statement as to how he became possessed of it—neither of the prisoners were present—in consequence of what he Raid I went to the prisoner Rumsey, who was standing at the door of my shop, dressed as nearly as possible as he is now—I said, "What is your game?"—he said, "What do you mean?"—I said, "You know very well what I mean, this game will not do with me"—he seemed to shift away, and I laid hold of him, and would not allow him to go—I saw Wilson at that time, at the corner of a street, 50 or 60 yards off—he turned round the corner of Greenwood-row, which is no thoroughfare, when I laid hold of Rumsey, and my son, William Tyler, ran after him—Mr. Bennett and I and the two prisoners, went towards the station—there was a great crowd, and a boy in it gave a pocket-book to Rumsey, saying that he had picked it up—Rumsey gave it to Wilson, I believe, but I did not take much notice—Rumsey then went into a baker's shop, who he said knew him very well, and knew that he was not the guilty party I took him to be, but the baker was not at home—Mr. Bennett went on with Wilson, and we afterwards overtook them, and Wilson then asked to be allowed to go into a public-house to have something to drink—we re
<lb/>mained there about two minutes, and then went on towards the station—I saw Mr. Bennett hand By water a 10
<hi rend="italic">l</hi>. note—he put his initials, "A. B." on it first.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> When you went out and saw Rumsey, and said, "What is your game?" did you say anything about the bank note?
<hi rend="italic">A.</hi> Not a word; I had not said anything to him about it when we went to the baker's shop—I gave him no explanation—he did not ask me at the baker's shop to go in and see the person who knew him to be a respectable man—I do not think he went into the shop at all, only in at the gateway of the bake-house.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-18" type="witnessName">
<interp inst="t18610107-name-18" type="gender" value="male"/>
<interp inst="t18610107-name-18" type="surname" value="BUMSYEAD"/>
<interp inst="t18610107-name-18" type="given" value="JOSEPH"/>JOSEPH BUMSYEAD</persName> </hi>. I am inspector of notes at the Bank of England—this note is a forgery in every respect.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-19" type="witnessName">
<interp inst="t18610107-name-19" type="gender" value="male"/>
<interp inst="t18610107-name-19" type="surname" value="MURPHY"/>
<interp inst="t18610107-name-19" type="given" value="DANIEL"/>DANIEL MURPHY</persName> </hi> (
<hi rend="italic">Policeman</hi>). On 5th October Wilson was given into my custody by Mr. Bennett, charged with uttering a forged 10
<hi rend="italic">l</hi>. note—on the road to the station he told me that he would give me a sovereign to speak to Mr. Bennett to let him go and say no more about it—I did not do so, but took him to the station—he said that he lived at 19, Hackney-road—I did not go there.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-20" type="witnessName">
<interp inst="t18610107-name-20" type="gender" value="male"/>
<interp inst="t18610107-name-20" type="surname" value="BYWATER"/>
<interp inst="t18610107-name-20" type="given" value="JOHN"/>JOHN BYWATER</persName> </hi> (
<hi rend="italic">re-examined</hi>). I went to 19, Hackney-road—it is a public-house—I inquired there for Wilson.</p>
<p>
<hi rend="smallCaps">
<rs id="t18610107-118-verdict-1" type="verdictDescription">
<interp inst="t18610107-118-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610107-118-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18610107-118-punishment-2" type="punishmentDescription">
<interp inst="t18610107-118-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18610107-118-punishment-2" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-118-18610107 t18610107-118-punishment-2"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-118-18610107 t18610107-118-punishment-2"/>Six Years' each in Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18610107-119">
<interp inst="t18610107-119" type="uri" value="sessionsPapers/18610107"/>
<interp inst="t18610107-119" type="date" value="18610107"/>
<join result="criminalCharge" id="t18610107-119-charge-1" targOrder="Y" targets="def1-119-18610107 t18610107-119-offence-1 t18610107-119-verdict-1"/>
<xptr type="pageFacsimile" doc="186101070009"/>
<p>119.
<persName id="def1-119-18610107" type="defendantName">
<interp inst="def1-119-18610107" type="gender" value="male"/>
<interp inst="def1-119-18610107" type="age" value="26"/>
<interp inst="def1-119-18610107" type="surname" value="RUMSEY"/>
<interp inst="def1-119-18610107" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE RUMSEY</hi> (26)</persName>, was again indicted
<rs id="t18610107-119-offence-1" type="offenceDescription">
<interp inst="t18610107-119-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18610107-119-offence-1" type="offenceSubcategory" value="forgery"/> for feloniously uttering, on
<rs id="t18610107-cd-1" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18610107-119-offence-1 t18610107-cd-1"/>27th August</rs>, a forged 10
<hi rend="italic">l</hi>. Bank of England note.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. GIFFARD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">H. MATTEWS</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-22" type="witnessName">
<interp inst="t18610107-name-22" type="gender" value="male"/>
<interp inst="t18610107-name-22" type="surname" value="CANON"/>
<interp inst="t18610107-name-22" type="given" value="SIMON"/>SIMON CANON</persName> </hi>. I am an innkeeper and saddler, carrying on business at the Black Swan, Royston—on 27th August lost the prisoner came to my inn with another man, who said his name was Edwards—they came in a horse and cart—Romsey called Edwards master—I had seen Edwards on the Friday and Saturday before—he slept at my house for two nights—I had received from him on that occasion two 5
<hi rend="italic">l</hi>. notes, one was for two watches, and the other I cashed to pay his reckoning, and gave him five sovereigns—Romsey and Edwards came at half-past 9 on 27th, and stopped and had their dinner there, about 1 o'clock—I dined with them—during dinner something was said about buying a pony-cart and harness and two whips from me—Edwards bargained for the pony-cart and harness, and the prisoner for the two whips, one he had for his master, and the other he kept for himself—he said he had been in the trade twelve months himself—Romsey fetched the whips out of my shop—he gave one to his master, and one he kept himself—I was to sell the pony-cart and two whips for 28
<hi rend="italic">l</hi>. together—Edwards produced a 10
<hi rend="italic">l</hi>. note and two 5
<hi rend="italic">l</hi>. notes out of his pocket-book, and gave them to me, and then he took out a cheque book and handed it to Romsey to fill up for him—I furnished him with a pen and ink—Romsey proceeded to write on the cheque that was handed to him, and he handed it to me, as soon as he had written it—that is what he wrote (
<hi rend="italic">produced</hi>)—I put those notes and the cheque in my pocket—they went away that day about 3 o'clock as hard as they could go, full gallop—that was as soon as dinner was over—Edwards went away in my pony-cart I had sold him, and Romsey went behind in the cart they came with—I examined the cheque next morning, and noticed that there was no signature—I took the cheque to a policeman of the name of Dean, and afterwards went with him to the Bank of England—I saw Spittle, and handed to him the 10
<hi rend="italic">l</hi>. note, and the two 5
<hi rend="italic">l</hi>. notes which I had received on 27th, and also one of the notes I had received from Edwards the Saturday before—one was mislaid in my pocket-book.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">F. H. LEWIS</hi>.
<hi rend="italic">Q.</hi> Had you the two 5
<hi rend="italic">l</hi>. notes in your possession at the time of the dinner?
<hi rend="italic">A.</hi> I had; Edwards paid for the dinner, the prisoner only bargained for the whips—it was Edwards who produced the cheque and gave it to the prisoner, and said, "Fill up this cheque for me, for 8
<hi rend="italic">l</hi>."—I have not seen Edwards since—I should like to see him.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-23" type="witnessName">
<interp inst="t18610107-name-23" type="gender" value="male"/>
<interp inst="t18610107-name-23" type="surname" value="SPITTLE"/>
<interp inst="t18610107-name-23" type="given" value="JOHN"/>JOHN SPITTLE</persName> </hi>. I am a detective officer of the City police—on 31st October I was in attendance at the Bank of England—the last witness came there and made a statement to me about some notes—I conducted him to the secretary's office, and saw him hand in the notes to Mr. Glenny, and saw him hand back notes which I believe to be the same branded "forged."</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-24" type="witnessName">
<interp inst="t18610107-name-24" type="gender" value="male"/>
<interp inst="t18610107-name-24" type="surname" value="GLENNY"/>
<interp inst="t18610107-name-24" type="given" value="GEORGE FREDERICK"/>GEORGE FREDERICK GLENNY</persName> </hi>. I am a clerk in the secretary's office at the Bank of England—I remember Spittle coming with another person and some Bank of England notes, which I received from him and took them into the inspector's office—I gave them to somebody, I don't know whom, in the inspector's office.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-25" type="witnessName">
<interp inst="t18610107-name-25" type="gender" value="male"/>
<interp inst="t18610107-name-25" type="surname" value="LEWIS"/>
<interp inst="t18610107-name-25" type="given" value="JAMES GEORGE"/>JAMES GEORGE LEWIS</persName> </hi>. I received these three notes from last witness in my office, and branded them—I then returned them to Mr. Glenny.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-26" type="witnessName">
<interp inst="t18610107-name-26" type="gender" value="male"/>
<interp inst="t18610107-name-26" type="surname" value="BUMSYEAD"/>
<interp inst="t18610107-name-26" type="given" value="JOSEPH"/>JOSEPH BUMSYEAD</persName> </hi>. These notes are all forged in every respect.</p>
<p>
<hi rend="italic">The Court was of opinion that there was no evidence of guilty knowledge on the part of the, prisoner, or that he was not in fact the servant of Edwards.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18610107-119-verdict-1" type="verdictDescription">
<interp inst="t18610107-119-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18610107-119-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18610107-120">
<interp inst="t18610107-120" type="uri" value="sessionsPapers/18610107"/>
<interp inst="t18610107-120" type="date" value="18610107"/>
<join result="criminalCharge" id="t18610107-120-charge-1" targOrder="Y" targets="def1-120-18610107 t18610107-120-offence-1 t18610107-120-verdict-1"/>
<xptr type="pageFacsimile" doc="186101070010"/>
<p>120.
<persName id="def1-120-18610107" type="defendantName">
<interp inst="def1-120-18610107" type="gender" value="male"/>
<interp inst="def1-120-18610107" type="age" value="32"/>
<interp inst="def1-120-18610107" type="surname" value="EARL"/>
<interp inst="def1-120-18610107" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM EARL</hi> (32)</persName>
<rs id="t18610107-120-offence-1" type="offenceDescription">
<interp inst="t18610107-120-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18610107-120-offence-1" type="offenceSubcategory" value="burglary"/> Burglary in the dwelling-house of
<persName id="t18610107-name-28" type="victimName">
<interp inst="t18610107-name-28" type="gender" value="male"/>
<interp inst="t18610107-name-28" type="surname" value="REES"/>
<interp inst="t18610107-name-28" type="given" value="ALEXANDER HUGH"/>
<join result="offenceVictim" targOrder="Y" targets="t18610107-120-offence-1 t18610107-name-28"/>Alexander Hugh Rees</persName> on
<rs id="t18610107-cd-2" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18610107-120-offence-1 t18610107-cd-2"/>11th December</rs>, and stealing 23 chains and 3 rings, value 561. his property, to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18610107-120-verdict-1" type="verdictDescription">
<interp inst="t18610107-120-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610107-120-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18610107-120-punishment-3" type="punishmentDescription">
<interp inst="t18610107-120-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18610107-120-punishment-3" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-120-18610107 t18610107-120-punishment-3"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18610107-121">
<interp inst="t18610107-121" type="uri" value="sessionsPapers/18610107"/>
<interp inst="t18610107-121" type="date" value="18610107"/>
<join result="criminalCharge" id="t18610107-121-charge-1" targOrder="Y" targets="def1-121-18610107 t18610107-121-offence-1 t18610107-121-verdict-1"/>
<p>121.
<persName id="def1-121-18610107" type="defendantName">
<interp inst="def1-121-18610107" type="gender" value="male"/>
<interp inst="def1-121-18610107" type="age" value="28"/>
<interp inst="def1-121-18610107" type="surname" value="JORDAN"/>
<interp inst="def1-121-18610107" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY JORDAN</hi> (28)</persName>
<rs id="t18610107-121-offence-1" type="offenceDescription">
<interp inst="t18610107-121-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18610107-121-offence-1" type="offenceSubcategory" value="forgery"/>, Forging and uttering an order for the payment of 20
<hi rend="italic">l</hi>. with intent to defraud.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. SLEIGH</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">BEST</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-30" type="witnessName">
<interp inst="t18610107-name-30" type="gender" value="male"/>
<interp inst="t18610107-name-30" type="surname" value="BARTON"/>
<interp inst="t18610107-name-30" type="given" value="JOHN ARTHUR"/>JOHN ARTHUR BARTON</persName> </hi>. I am one of the cashiers in the Union Bank of London, Charing-cross branch—the prisoner came there on 21st December last, and brought this cheque, dated 20th December, 1860; drawn on the Union Bank of London by Dodds and Gregg, payable to James Dodds—Messrs. Dodds and Gregg have an account at the bank—I detained the cheque and the prisoner also—I gave it to the manager, Mr. Green.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-31" type="witnessName">
<interp inst="t18610107-name-31" type="gender" value="male"/>
<interp inst="t18610107-name-31" type="surname" value="GREEN"/>
<interp inst="t18610107-name-31" type="given" value="CHARLES"/>CHARLES GREEN</persName> </hi>. I am assistant manager of the Union Bank of London, Charing-cross branch—on 21st December this cheque was brought to me by the last witness—I looked at it and felt certain the signature was not genuine—I asked who presented the cheque, and told them to show the man into my room—the prisoner was brought in to me—I asked him who gave him the cheque—he said, "A person in the street," or, "A gentleman in the street"—I asked him if he knew him—he said, "No"—I said there was something wrong in the cheque, and that I must see him, where could he be found?—he said, "At a public-house at the corner of Whitcomb-street"—I said, "Then I will go with you there"—I did go with him there—I saw a policeman first—I and the policeman, and the prisoner, went there; we did not find anyone there.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-32" type="witnessName">
<interp inst="t18610107-name-32" type="gender" value="male"/>
<interp inst="t18610107-name-32" type="surname" value="GREGG"/>
<interp inst="t18610107-name-32" type="given" value="JOHN"/>JOHN B. GREGG</persName> </hi>. I am a parliamentary agent in partnership with Mr. Dodds, 18, Abingdon-street, Westminster; we have an account at the Union Bank, Charing-cross branch—the signature to this cheque is not in my handwriting or in that of my partner—in consequence of something I heard I examined my cheque-book—I have it with me—I find this cheque has been taken out—it exactly fits with the counterfoil—the numbers are the same, and the paper fits in—I missed the cheque from this book when I received a communication from the bank—I was in my office on 21st December—my cheque-book was in a drawer in the table, the drawer was not locked—a person of the name of Richard Jordan takes care of the chambers.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-33" type="witnessName">
<interp inst="t18610107-name-33" type="gender" value="male"/>
<interp inst="t18610107-name-33" type="surname" value="JORDAN"/>
<interp inst="t18610107-name-33" type="given" value="RICHARD"/>RICHARD JORDAN</persName> </hi>. I am office-keeper of the chambers, 18, Abingdon-street, Westminster—the prisoner is my son—he was at those chambers on 21st December last—he was in Mr. Greggs' office.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Was he there alone?
<hi rend="italic">A.</hi> I think it is very likely he was—his mother was there with him; but of course she was not in the room all the time—that was before any of the persons belonging to the office came there—he went in to assist.</p>
<p>
<hi rend="smallCaps">
<rs id="t18610107-121-verdict-1" type="verdictDescription">
<interp inst="t18610107-121-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610107-121-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18610107-121-punishment-4" type="punishmentDescription">
<interp inst="t18610107-121-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18610107-121-punishment-4" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-121-18610107 t18610107-121-punishment-4"/>Four Tears' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18610107-122">
<interp inst="t18610107-122" type="uri" value="sessionsPapers/18610107"/>
<interp inst="t18610107-122" type="date" value="18610107"/>
<join result="criminalCharge" id="t18610107-122-charge-1" targOrder="Y" targets="def1-122-18610107 t18610107-122-offence-1 t18610107-122-verdict-1"/>
<p>122.
<persName id="def1-122-18610107" type="defendantName">
<interp inst="def1-122-18610107" type="gender" value="male"/>
<interp inst="def1-122-18610107" type="age" value="29"/>
<interp inst="def1-122-18610107" type="surname" value="RAVENSCROFT"/>
<interp inst="def1-122-18610107" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE RAVENSCROFT</hi> (29)</persName>
<rs id="t18610107-122-offence-1" type="offenceDescription">
<interp inst="t18610107-122-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18610107-122-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 9 lbs. of potash, 2 gallons of spirits of wine, and other goods, of
<persName id="t18610107-name-35" type="victimName">
<interp inst="t18610107-name-35" type="gender" value="male"/>
<interp inst="t18610107-name-35" type="surname" value="WARNER"/>
<interp inst="t18610107-name-35" type="given" value="CHARLES HEATH"/>
<join result="offenceVictim" targOrder="Y" targets="t18610107-122-offence-1 t18610107-name-35"/>Charles Heath Warner</persName>, and another. Second Count, Feloniously receiving the same.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. RIBTON</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">GIFFARD</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-36" type="witnessName">
<interp inst="t18610107-name-36" type="gender" value="male"/>
<interp inst="t18610107-name-36" type="surname" value="WATKINS"/>
<interp inst="t18610107-name-36" type="given" value="GEORGE"/>GEORGE WATKINS</persName> </hi> (
<hi rend="italic">City-policeman</hi>, 660). On Saturday, 15th December, I was in New Broad-street with McLeod, another officer, about a quarter to 6 o'clock, and met the prisoner carrying a hamper—I asked where he was going to take it—he said, "To Whitechapel Church"—I asked where he brought it from—he said, "From the White Horse, Cripplegate"—I asked</p>
<xptr type="pageFacsimile" doc="186101070011"/>
<p>who gave it to him—he said a man gave it to him to carry—I said, "Where is the man?"—he said, "I don't know where he is now, but I have seen him before, and he told me to take it to Whitechapel Church, and that he would meet me there"—not feeling satisfied, I took him to the station—I there examined the hamper, and found in it a jar containing about two gallons of spirits of wine, and a bottle of potash, which I produce—on Tuesday, the 18th, I was present when McLeod further searched the hamper, and found in it two pieces of paper—the prisoner gave his address at the station as 14, Bridge water-square, I believe—I went there, and in a corner of the first-floor front room I found about eleven pints of olive oil in a jar, and these three bottles (
<hi rend="italic">produced</hi>).</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PALMER</hi>.
<hi rend="italic">Q.</hi> At the time you met the prisoner, how far were you from the prosecutor's house?
<hi rend="italic">A.</hi> About three hundred yards—I was not watching—I had not been set to watch by the prosecutor—the prisoner was going towards Whitechapel—he told me that he had seen the man who employed him before—he did not say he was to be paid for carrying the parcel—he carried the hamper to the station, and it was locked up in a cell there by me that Saturday night—it was re-searched on the Tuesday—I did not search it on the Saturday, we merely took the bottles out and put them back again—it was full of straw—I saw that there were no more bottles there and that was all.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-37" type="witnessName">
<interp inst="t18610107-name-37" type="gender" value="male"/>
<interp inst="t18610107-name-37" type="surname" value="MCLEOD"/>
<interp inst="t18610107-name-37" type="given" value="JAMES"/>JAMES MCLEOD</persName> </hi>. I was with Watkins when the prisoner was appre
<lb/>hended—we examined the hamper, took the bottles out, and replaced them—we did not examine further—the hamper was put in the cell and locked up—I examined it again on the Tuesday—I then carefully examined the straw, and found amongst it these two pieces of paper; one with the name of "Warner and Barclay" written on it, and the other, "55, Fore-street, Finsbury"—that is where Messrs. Warner live—I communicated with the prosecutors immediately afterwards and then went to the prisoner's address.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> How many people had access to the cell where the hamper was?
<hi rend="italic">A.</hi> Two of the reserve men, two acting-sergeants, and two inspectors—the key was left in the office—I tied the hamper up with a string when I left it there.</p>
<p>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> When you went on the Tuesday did you find it in the same state as you had left it?
<hi rend="italic">A.</hi> I did.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-38" type="witnessName">
<interp inst="t18610107-name-38" type="gender" value="male"/>
<interp inst="t18610107-name-38" type="surname" value="WARNER"/>
<interp inst="t18610107-name-38" type="given" value="CHARLES HEATH"/>CHARLES HEATH WARNER</persName> </hi>. I am in partnership with Mr. Barelay, as chemists, at 55, Fore-street—the prisoner was occasionally employed by us as a bottle-washer, seldom exceeding two days at a time—he was last employed on Thursday and Friday, 6th and 7th December—he was introduced to us by a man of the name of Childers, who was then in our service, but whom we have since discharged—this potash is the same sort as we have in our stock—it is iodine of potassium—the bottle in which it is, is the same sort of bottle that we have—here is one from the warehouse—they are called pottle-quarts—we purchase this potassium from Atkinson and Co.—this label is the same as ours—we last took stock on 30th June—I was present, assisting, at the time—we then had eleven of these bottles in stock, and they were full—after this matter was brought to our notice we took stock again, and went through our books—we find that we are losers of this article to a considerable extent—we found six full bottles and four empty ones, and one missing—I have examined the books with a view to find out whether any bottle has been sold, and I am able to say positively that no bottle of this size has gone out, so that one of the eleven bottles is unaccounted for—that would not contain all the potassium that we have</p>
<xptr type="pageFacsimile" doc="186101070012"/>
<p>lost—these two pieces of paper contain our name and address—they form portions of one of our labels—I produce one similar—this is the bottom part of the label—it may have been cut off and thrown down on the floor and been trodden on, and probably one of the men, wanting a blank piece of paper, might have put it on a bottle with the blank side upwards—this spirits of wine is the same sort as we have, and the same strength that we use—I had it tested—it is now 55 1/2 degrees, which would have been origin
<lb/>nally 56, but by pouring it from one vessel into another it would naturally lose strength—54 is the strength generally used—these bottles containing the olive oil are similar to those we use in our retail trade.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> And all the bottles, I suppose, are similar to those used in the retail trade?
<hi rend="italic">A.</hi> Not in all retail trades—there are no doubt thousands of such bottles as these in chemists' shops—this piece of the label has the appearance of having been damped; it may, probably, have been thrown down and trodden on; and if any of our people wished to have a blank label, they would cut off the top and bottom containing the name and address—that is constantly done—I know this to be iodine of potassium, by looking at it—a clerk of ours examined the stock—we had no suspicion of anybody robbing us until the policeman drew our attention to these pieces of paper found in the hamper—I am not able to say when the potassium was taken, or in what quantities—we only examine our stock once a year—I can tell, by looking at our books, how much we have sold—a clerk in the counting-house keeps the books, and sells—his name is Banks—he is here—I have never said that I would not prosecute because I could not identify any of the things.</p>
<p>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> Can you say anything about the hamper?
<hi rend="italic">A.</hi> I believe it to be one that came from the country some little time since, and I desired our men to put it aside to be returned at Christmas, and when I inquired for it, it was not to be found—I believe this to be that hamper—it was away, probably, three weeks before this took place.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-39" type="witnessName">
<interp inst="t18610107-name-39" type="gender" value="male"/>
<interp inst="t18610107-name-39" type="surname" value="BANKS"/>
<interp inst="t18610107-name-39" type="given" value="FREDERICK"/>FREDERICK BANKS</persName> </hi>. I am clerk to Messrs. Warner and Barclay—I assist in taking stock—we took stock on 30th June last—we then had eleven bottles of iodine of potassium—I also assisted in the inspection of the stock the other day—I found a deficiency, when we went through the books, of about three pottle bottles, and one bottle was missing—I am able to say that this bottle was never sold.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Is there any one else who sells, besides yourself?
<hi rend="italic">A.</hi> No one else.</p>
<p>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> If a bottle had been sold, would you be able to find by the books, when and to whom it was sold?
<hi rend="italic">A.</hi> Yes; I am quite certain no bottles have been sold.</p>
<p>
<hi rend="smallCaps">
<rs id="t18610107-122-verdict-1" type="verdictDescription">
<interp inst="t18610107-122-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610107-122-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">on Second Count—
<rs id="t18610107-122-punishment-5" type="punishmentDescription">
<interp inst="t18610107-122-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18610107-122-punishment-5" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-122-18610107 t18610107-122-punishment-5"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18610107-123">
<interp inst="t18610107-123" type="uri" value="sessionsPapers/18610107"/>
<interp inst="t18610107-123" type="date" value="18610107"/>
<join result="criminalCharge" id="t18610107-123-charge-1" targOrder="Y" targets="def1-123-18610107 t18610107-123-offence-1 t18610107-123-verdict-1"/>
<p>123.
<persName id="def1-123-18610107" type="defendantName">
<interp inst="def1-123-18610107" type="gender" value="male"/>
<interp inst="def1-123-18610107" type="age" value="38"/>
<interp inst="def1-123-18610107" type="surname" value="HACKETT"/>
<interp inst="def1-123-18610107" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS HACKETT</hi> (38)</persName>
<rs id="t18610107-123-offence-1" type="offenceDescription">
<interp inst="t18610107-123-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18610107-123-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing' a handkerchief, value 6
<hi rend="italic">d</hi>. of
<persName id="t18610107-name-41" type="victimName">
<interp inst="t18610107-name-41" type="gender" value="male"/>
<interp inst="t18610107-name-41" type="surname" value="BARKER"/>
<interp inst="t18610107-name-41" type="given" value="SAMUEL"/>
<join result="offenceVictim" targOrder="Y" targets="t18610107-123-offence-1 t18610107-name-41"/>Samuel Barker</persName>, from his person; having been before convicted: to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18610107-123-verdict-1" type="verdictDescription">
<interp inst="t18610107-123-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610107-123-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>**—
<hi rend="italic">
<rs id="t18610107-123-punishment-6" type="punishmentDescription">
<interp inst="t18610107-123-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18610107-123-punishment-6" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-123-18610107 t18610107-123-punishment-6"/>Confined Eighteen Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18610107-124">
<interp inst="t18610107-124" type="uri" value="sessionsPapers/18610107"/>
<interp inst="t18610107-124" type="date" value="18610107"/>
<join result="criminalCharge" id="t18610107-124-charge-1" targOrder="Y" targets="def1-124-18610107 t18610107-124-offence-1 t18610107-124-verdict-1"/>
<p>124.
<persName id="def1-124-18610107" type="defendantName">
<interp inst="def1-124-18610107" type="gender" value="male"/>
<interp inst="def1-124-18610107" type="age" value="36"/>
<interp inst="def1-124-18610107" type="surname" value="SCOTT"/>
<interp inst="def1-124-18610107" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES SCOTT</hi> (36)</persName>
<rs id="t18610107-124-offence-1" type="offenceDescription">
<interp inst="t18610107-124-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18610107-124-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing three dead turkeys, value 30
<hi rend="italic">s</hi>. the property of
<persName id="t18610107-name-43" type="victimName">
<interp inst="t18610107-name-43" type="gender" value="male"/>
<interp inst="t18610107-name-43" type="surname" value="EMBLING"/>
<interp inst="t18610107-name-43" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18610107-124-offence-1 t18610107-name-43"/>John Embling</persName>.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-44" type="witnessName">
<interp inst="t18610107-name-44" type="gender" value="male"/>
<interp inst="t18610107-name-44" type="surname" value="EMBLING"/>
<interp inst="t18610107-name-44" type="given" value="JOHN"/>JOHN EMBLING</persName> </hi>. I am a porter at the office of the Submarine Telegraph Company, in Threadneedle-street, and live in Chatham-place, Locks'-fields—about half-past 9 on the night of 21st December, I had three, cases of turkeys in the room of the telegraph office—I left them for a few minutes</p>
<xptr type="pageFacsimile" doc="186101070013"/>
<p>to get' a cab—when I came back I found one of the cases open—I put my hand in the case; I was told it was open—I found something deficient—I ran into the back room where I found the prisoner with a parcel under his arm, which I believed to be the turkey, rolled up in paper and tied up—I said, "How dare you to open the case?"—he said he had not touched it—he went into the back room, which we term the wheel room, and laid down the parcel that he had under his arm—I begged of him to give me up the turkeys, and told him I would give him in charge if he did not—he said he had not touched them, but he went and laid the parcel down on the shelf while I was speaking to him—one other turkey was afterwards produced—two turkeys were produced before the magistrate—they had been in the cases—there were no other turkeys there—each of the turkeys found was tied up in a duster—these dusters belong to the prisoner—I know that because they were dusters used in the office, and he was employed as a cleaner there.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Do not all the porters and the boys in the building use the same sort of dusters as these?
<hi rend="italic">A.</hi> Not to my knowledge; I do not use them—I have never seen any of the boys use them.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-45" type="witnessName">
<interp inst="t18610107-name-45" type="gender" value="male"/>
<interp inst="t18610107-name-45" type="surname" value="SANDERSON"/>
<interp inst="t18610107-name-45" type="given" value="WILLIAM"/>WILLIAM SANDERSON</persName> </hi>. I am one of the messengers at the Telegraph office—I remember last witness going out and coming in and finding a case had been opened—I saw the prisoner there while he was away, with a hammer in his hand lifting up the lid of the box—I spoke to him—I did not know whose case it was—I did not see him take anything out—I supposed the box to belong to the Company, and that he was doing something with it in his employment there—it was a hammer he used to use.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-46" type="witnessName">
<interp inst="t18610107-name-46" type="gender" value="male"/>
<interp inst="t18610107-name-46" type="surname" value="BECKWITH"/>
<interp inst="t18610107-name-46" type="given" value="WILLIAM"/>WILLIAM BECKWITH</persName> </hi>. I am one of the messengers at the Telegraph office—I saw these three cases in the front hall—I saw the prisoner with the turkey under his arm—he was in the hall where the cases were—I saw him hide the turkey in the wheel-house—about five minutes afterwards I heard Mr. Embling make a complaint about the turkeys.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> When you saw Mr. Embling give me in charge, why did you not say then you saw me put a turkey in the wheel-house?
<hi rend="italic">A.</hi> I did tell him so; and I told Mr. Billings about it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-47" type="witnessName">
<interp inst="t18610107-name-47" type="gender" value="male"/>
<interp inst="t18610107-name-47" type="surname" value="BILLINGS"/>
<interp inst="t18610107-name-47" type="given" value="CHARLES"/>CHARLES BILLINGS</persName> </hi>. I am porter at the Telegraph Company—I received some information from last witness, in consequence of which I went to the wheel-house and found a turkey on the sideboard, wrapped up in a blue duster, and covered over by some posters belonging to the Company—I re
<lb/>tained it till the officer returned from Bow-lane station, and then handed it over to him—at this time the prisoner was very drunk.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Do not all the porters and the boys use the same sort of dusters as that?
<hi rend="italic">A.</hi> Not all; Mr. Embling does not—I do, and the boys use them—I did not see you use the hammer at all that day—the constable took away the turkey.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-48" type="witnessName">
<interp inst="t18610107-name-48" type="gender" value="male"/>
<interp inst="t18610107-name-48" type="surname" value="BAILEY"/>
<interp inst="t18610107-name-48" type="given" value="HENRY"/>HENRY BAILEY</persName> </hi> (
<hi rend="italic">City-policeman</hi>, 449). I took the prisoner into custody—I received a turkey from last witness—it was one of the turkeys shown to Mr. Embling, and identified by him—one of them was wrapped singly in a duster, and the second one in another duster and this paper folded round it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-49" type="witnessName">
<interp inst="t18610107-name-49" type="gender" value="male"/>
<interp inst="t18610107-name-49" type="surname" value="EMBLING"/>
<interp inst="t18610107-name-49" type="given" value="JOHN"/>JOHN EMBLING</persName> </hi>. I had borrowed a hammer of the prisoner some few days before, but I had given it him back—it was my assistant that borrowed it—the prisoner bore a good character previously—if he had not been so tipsy, I believe he would not have done what he did.</p>
<p>
<hi rend="smallCaps">
<rs id="t18610107-124-verdict-1" type="verdictDescription">
<interp inst="t18610107-124-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610107-124-verdict-1" type="verdictSubcategory" value="withRecommendation"/>GUILTY</rs> </hi>.—
<hi rend="italic">Recommended to mercy by the Jury.—
<rs id="t18610107-124-punishment-7" type="punishmentDescription">
<interp inst="t18610107-124-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18610107-124-punishment-7" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-124-18610107 t18610107-124-punishment-7"/>Confined Three Months</rs>.</hi> </p> </div1>
<xptr type="pageFacsimile" doc="186101070014"/>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, January</hi> 7
<hi rend="italic">th</hi>, 1861.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Ald.
<hi rend="smallCaps">MECHI</hi>; Mr. Ald.
<hi rend="smallCaps">JAMES LAWRENCE</hi>; and Mr.</p>
<p>
<hi rend="smallCaps">COMMON SERJEANT</hi>.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18610107-125">
<interp inst="t18610107-125" type="uri" value="sessionsPapers/18610107"/>
<interp inst="t18610107-125" type="date" value="18610107"/>
<join result="criminalCharge" id="t18610107-125-charge-1" targOrder="Y" targets="def1-125-18610107 t18610107-125-offence-1 t18610107-125-verdict-1"/>
<join result="criminalCharge" id="t18610107-125-charge-2" targOrder="Y" targets="def1-125-18610107 t18610107-125-offence-2 t18610107-125-verdict-1"/>
<p>125.
<persName id="def1-125-18610107" type="defendantName">
<interp inst="def1-125-18610107" type="gender" value="male"/>
<interp inst="def1-125-18610107" type="age" value="25"/>
<interp inst="def1-125-18610107" type="surname" value="DASH"/>
<interp inst="def1-125-18610107" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE DASH</hi> (25)</persName>
<rs id="t18610107-125-offence-1" type="offenceDescription">
<interp inst="t18610107-125-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18610107-125-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, Stealing, on
<rs id="t18610107-cd-3" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18610107-125-offence-1 t18610107-cd-3"/>25th April</rs>, 1
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., on
<rs id="t18610107-cd-4" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18610107-125-offence-1 t18610107-cd-4"/>15th May</rs>, 1
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., and on
<rs id="t18610107-cd-5" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18610107-125-offence-1 t18610107-cd-5"/>4th June</rs>, 1
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., the monies of
<persName id="t18610107-name-51" type="victimName">
<interp inst="t18610107-name-51" type="gender" value="male"/>
<interp inst="t18610107-name-51" type="surname" value="WOOD"/>
<interp inst="t18610107-name-51" type="given" value="WILLIAM COMBER"/>
<join result="offenceVictim" targOrder="Y" targets="t18610107-125-offence-1 t18610107-name-51"/>William Comber Wood</persName> and others, his masters</rs>; also
<rs id="t18610107-125-offence-2" type="offenceDescription">
<interp inst="t18610107-125-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18610107-125-offence-2" type="offenceSubcategory" value="stealingFromMaster"/>the sums of 9
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>., 1
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., and 2
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., the monies of his said masters, to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18610107-125-verdict-1" type="verdictDescription">
<interp inst="t18610107-125-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610107-125-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18610107-125-punishment-8" type="punishmentDescription">
<interp inst="t18610107-125-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18610107-125-punishment-8" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-125-18610107 t18610107-125-punishment-8"/>Four Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18610107-126">
<interp inst="t18610107-126" type="uri" value="sessionsPapers/18610107"/>
<interp inst="t18610107-126" type="date" value="18610107"/>
<join result="criminalCharge" id="t18610107-126-charge-1" targOrder="Y" targets="def1-126-18610107 t18610107-126-offence-1 t18610107-126-verdict-1"/>
<join result="criminalCharge" id="t18610107-126-charge-2" targOrder="Y" targets="def2-126-18610107 t18610107-126-offence-1 t18610107-126-verdict-2"/>
<join result="criminalCharge" id="t18610107-126-charge-3" targOrder="Y" targets="def3-126-18610107 t18610107-126-offence-1 t18610107-126-verdict-1"/>
<p>126.
<persName id="def1-126-18610107" type="defendantName">
<interp inst="def1-126-18610107" type="gender" value="male"/>
<interp inst="def1-126-18610107" type="age" value="45"/>
<interp inst="def1-126-18610107" type="surname" value="DANIELS"/>
<interp inst="def1-126-18610107" type="given" value="DANIEL"/>
<hi rend="largeCaps">DANIEL DANIELS</hi> (45)</persName>,
<persName id="def2-126-18610107" type="defendantName">
<interp inst="def2-126-18610107" type="gender" value="male"/>
<interp inst="def2-126-18610107" type="age" value="24"/>
<interp inst="def2-126-18610107" type="surname" value="WALKLIN"/>
<interp inst="def2-126-18610107" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS WALKLIN</hi> (24)</persName>, and
<persName id="def3-126-18610107" type="defendantName">
<interp inst="def3-126-18610107" type="gender" value="male"/>
<interp inst="def3-126-18610107" type="age" value="32"/>
<interp inst="def3-126-18610107" type="surname" value="BOLLEN"/>
<interp inst="def3-126-18610107" type="given" value="WILLIAM GILES"/>
<hi rend="largeCaps">WILLIAM GILES BOLLEN</hi> (32)</persName>
<rs id="t18610107-126-offence-1" type="offenceDescription">
<interp inst="t18610107-126-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18610107-126-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, Stealing 14 lbs. of pepper, and 7 lbs. of almonds, the property of
<persName id="t18610107-name-55" type="victimName">
<interp inst="t18610107-name-55" type="gender" value="male"/>
<interp inst="t18610107-name-55" type="surname" value="WOOD"/>
<interp inst="t18610107-name-55" type="given" value="WILLIAM RICHARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18610107-126-offence-1 t18610107-name-55"/>William Richard Wood</persName> and another, the masters of Bollen and Walklin, to which </rs>
<hi rend="largeCaps">DANIELS</hi> and
<hi rend="largeCaps">BOLLEN</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18610107-126-verdict-1" type="verdictDescription">
<interp inst="t18610107-126-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610107-126-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.</p>
<p>
<hi rend="smallCaps">MESSRS. METCALFE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">ORRIDGE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-56" type="witnessName">
<interp inst="t18610107-name-56" type="gender" value="male"/>
<interp inst="t18610107-name-56" type="surname" value="SMART"/>
<interp inst="t18610107-name-56" type="given" value="THOMAS"/>THOMAS SMART</persName> </hi> (
<hi rend="italic">City-policeman</hi>, 411). On 13th December, about half-past 2 in the afternoon I was on duty in Cannon-street, and saw Daniels standing there—I watched him, and then saw Bollen, then carman, go and speak to him; they conversed together two or three minutes—Bollen then returned to his van, which was standing at the prosecutor's door in Nicholas-lane—he then drew the van into the street, where he met Walklin and Bollen, and Walklin went into the Boar's Head public-house, Cannon-street—they came out—Bollen got on the front of his van and drove away—I lost sight of Walklin—I followed the van through Islington, Holloway, up to a coffee-shop in Camden-town, where Bollen got out and was joined by Daniels—I looked over the blind and saw Daniels—they came out together and Daniels and the boy Brooks, who was with him, got into the van and drove away—two got in, and one was in front—I followed the van to the corner of Mornington-road, Camden-town, where Daniels got down, and a bag which he had previously had on his arm, was handed to him by Bollen while the boy was sent into a shop to deliver some goods—I followed Daniels to Camden-road station—he was about to enter the station yard, and turned round and observed me behind him—we had a long conversation respecting what he had got in the bag—we got into a cab together, and while on our way to the City I suggested that we should go to the station and he could give an explanation to the inspector how he came by it—I took him in custody—I had been watching the prosecutor's premises nearly two months—on Wednesday, 5th December, I was watching and saw Daniels and Bollen together come out of the Boar's Head about 1 o'clock in the day—Walklin came from the warehouse and passed within a few yards of them—Daniels then left Bollen and followed Walklin over London-bridge, about ten yards behind him, and joined him after turning the corner of York-street—they then talked together for about a quarter of an hour—I had also seen them together on several occasions, and had seen them drinking together in the Boar's Head public-house—it was in consequence of that that I communi
<lb/>cated with the firm—next morning, the 14th, I took Bollen in custody, and about half an hour afterwards I took Walklin—I told him that he was charged with stealing from his employers 16 lbs. of pepper and 7 lbs. of almonds—he said, "Let me get my coat, and I will go with you"—he gave a false address at the station.</p>
<xptr type="pageFacsimile" doc="186101070015"/>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-57" type="witnessName">
<interp inst="t18610107-name-57" type="gender" value="male"/>
<interp inst="t18610107-name-57" type="surname" value="WOOD"/>
<interp inst="t18610107-name-57" type="given" value="WILLIAM RICHARD"/>WILLIAM RICHARD WOOD</persName> </hi>. I am a partner in the firm of Petty, Wood, and Co. wholesale grocers, in Nicholas-lane, and retail, in King William-street—Bollen was our carman, and had been so about eight years—Walklin had been our porter about ten years—he was in the wholesale department, Nicholas-lane, and had the charge of making up parcels, assisted by West—he went to the stock for the contents of the parcels—he did not require any
<lb/>body to deliver them—the warehouseman, White, each day enters in a book the articles required for him to put up; if there are half-a-dozen for one man, the name and address of that man is put opposite to them—it was his duty to make up the parcels as they are entered in this book (
<hi rend="italic">produced</hi>); the book being signed at the time the parcels are made up, the parcels are then called over by a warehouseman, he checks them from the bills of parcels and they are put into the van—he does not call them over from the book, but from the delivery notes—the parcels are in the department when Mr. White calls them over—they are called over immediately before they are put into the van—Walklin is present when they are called over—he takes part in it—they are called over by marks—there is a description on each parcel for them to deliver them by—it is a direction which the carman understands, but it is not the man's name—these are the goods (
<hi rend="italic">produced</hi>)—we had similar goods in our warehouse—Walklin had no right to send out this parcel that day without any direction—this book is in the writing of several persons—it is simply copied from our day-book—Walklin had no right to make up this parcel in addition to the entries in the day-book—he was not directed to send any goods to Daniels that day.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> How many people are engaged in that department?
<hi rend="italic">A.</hi> Two; Walklin and West—the entries in this book are perhaps in two or three persons' handwriting—it might be White, one of our warehouse
<lb/>men, or Mr. Solly, or Mr. Frederick Wood—it was no part of Walklin's duty to make up other parcels, but if he was directed verbally by either of our warehousemen, of course it would be his duty to do it—Mr. Wood is a cousin of mine—it is perfectly possible that in the hurry of business, direc
<lb/>tions may be given of parcels which are not entered in the book—we are sometimes too busy about the middle of December—the checking of the parcels is done by a person who calls over the delivery notes—in this instance it appears to have been Mr. White—sometimes one person checks and some
<lb/>times another—sometimes in the pressure of business Walklin does other persons' business, and sometimes other persons do his—he has been in our service ten years.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-58" type="witnessName">
<interp inst="t18610107-name-58" type="gender" value="male"/>
<interp inst="t18610107-name-58" type="surname" value="BROOKS"/>
<interp inst="t18610107-name-58" type="given" value="JOHN"/>JOHN BROOKS</persName> </hi>. I am in the employ of Petty, Wood, and Co. and am the boy who goes with the van—on Thursday, 13th December, I went with the van that Bollen drove—when we got to Camden-town, Daniels got into the van—they went into a coffee shop, and came out and got into the van again—I delivered some goods at Robson's, the grocer's, at the corner of Mornington-crescent, and left Daniels and Bollen in the cart together—when I came back I found Bollen only in the van—I had seen Daniels frequently at our warehouse, and knew him.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> He was a customer there, was he not?
<hi rend="italic">A.</hi> Yes.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-59" type="witnessName">
<interp inst="t18610107-name-59" type="gender" value="male"/>
<interp inst="t18610107-name-59" type="surname" value="WHITE"/>
<interp inst="t18610107-name-59" type="given" value="JOHN ATKINSON"/>JOHN ATKINSON WHITE</persName> </hi>. I am warehouseman to Petty, Wood, and Co.—Walklin was their porter, and it was his duty to make up parcels for delivery—he had this book for his guidance—it was his duty to endorse upon the parcels the names and address, or certain marks to indicate them, and also the weights—it was my duty to call over the parcels after they were made up, to see that they corresponded with the invoices—I did so on</p>
<xptr type="pageFacsimile" doc="186101070016"/>
<p>13th November, and there was no parcel that was not endorsed—I do not know this parcel—there was no parcel to spare beyond those which tallied with the invoices—Walklin had no right to make up any extra parcel after he had called them over—if he had been directed to make up any parcel by any person in the establishment, I should have been told of it—I found a parcel for Robson, of Camden-town, of 141bs. of pepper, and 71bs. of Jordan almonds, and called it over among the others—these (
<hi rend="italic">produced</hi>,) are the covers of that parcel—these hieroglyphics on it are in Walklin's writing—it is: "14 white pepper R.C.T".—that means, "Robson, Camden Town"—this wrapper taken from Daniels, has on it "14 white pepper," in Walklin's writing, but has no initials—the parcel of almonds, is marked "7 of Jordan C."—C. is the quality; there is nothing to indicate the address—that also is in Walklin's writing—he had no authority to send those out that day.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> When was it after the 13th, that these persons were taken in custody?
<hi rend="italic">A.</hi> On the 14th—I called out from the rough notes which are made out from the book—I did not call out from the book at all—this that I have been looking at, is not the book which I used—the other person would check either by book or parcel—we were in different depart
<lb/>ments—all the parcels were laid on the counter—I had the rough notes, and called out, "7 lbs. Jordan C.; Robson, Camden-town," and received an answer from Walklin in the other room—I could not see whether he answered from the parcels or from the book, or from his memory—there were fifty or sixty parcels on that day—I did not know when I had called over all, that there were any left—West assists Walklin to pack up the parcels; they are made up openly in the warehouse—I have sometimes checked them with West when Walklin was not there at all, and I believe the boy West sometimes packed up parcels when Walklin was not there—I do not recollect articles being brought back by the man, saying that two parcels had been made up for one customer—I was engaged in the business on the day before this, but do not recollect that I was engaged in packing up parcels when Walklin was not there.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Have you been there the whole time that Walklin was?
<hi rend="italic">A.</hi> No, he was there before me—his wages were, I believe, 18
<hi rend="italic">s</hi>. a week—I am not aware that this very parcel was made up in my presence—I can-not say whether I was in the van two or three hours before the van was dis
<lb/>patched—I do not recollect that some person called out, "Has the van gone yet?"—I do not recollect that Henry West took these parcels past me while I was standing in the warehouse.</p>
<p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Ought it to have been mentioned to you if any extra parcel had been made up?
<hi rend="italic">A.</hi> Yes; but he said nothing about one when I called them over—after the calling over he had no right to make up any extra parcel without mentioning it to me—if my tickets were called over and exhausted, and he had another parcel remaining, or if I had mislaid a ticket, it would be his duty to mention to me that there was an extra parcel.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-60" type="witnessName">
<interp inst="t18610107-name-60" type="gender" value="male"/>
<interp inst="t18610107-name-60" type="surname" value="WEST"/>
<interp inst="t18610107-name-60" type="given" value="HENRY"/>HENRY WEST</persName> </hi>. I am a light porter in the employ of Wood and Co.—it was my duty to help Walklin to make up his parcels—he has the book by him to make them up by—on Thursday, 13th December, he was making up parcels by it, at the time of my being sent out—when I came back he said, "Empty that bag of pepper into No. 1, white bin;" which I did, and then he told me to put 14 lbs. into it—all the parcels that had been called over had been put into the van at that time—I took the bag to the bin, filled it took it to the scale and weighed it, and he took it out of the scale and</p>
<xptr type="pageFacsimile" doc="186101070017"/>
<p>did it up—he then told me to do up 7 lbs. of Jordan almonds, C.—I weighed them and did them up and then he marked them—these are the parcels—he marked what there was in the bag, and then said, turning over his books, "Oh, never mind the initials, Bollen must find out who they are for"—and then he told me to take them to the van where the other parcels were—the calling over was finished: they had been in the van a quarter of an hour or twenty minutes, and the van was ready to start—I took them to the boy in the van—Bollen was not there.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Were you very busy just then?
<hi rend="italic">A.</hi> Yes; he did not look at his book just before he gave me the order—this book was on the counter—he took it in this way, and said, "Oh, never mind the initials, let Bollen find out who they are for"—he had not written the initials on the parcels, but he had written what there was in the bag—it was after that that he turned over the book—what he said was, "Bollen must find out who they are for by his notes"—the van bad been loaded and had drawn up the lane, and I took them down the lane—I was there part of the time when Mr. White was calling over the goods—I did not see Mr. Solly—I was not always sure that it was Mr. White who called them over, but I enquired, and afterwards it came to my memory that it was Mr. White—I was not sure of it before the Magistrate—I sometimes check the parcels myself, in the pressure of business—I never heard of too many parcels being sent out in mistake, but there have been mistakes—Mr. White was in the room when Walking told me to take the parcels out to the van—Mr. White said, "I hope the van has not gone, if you have not got all the parcels in it"—he was getting this very parcel ready at that time—I have sometimes checked parcels when Walk
<lb/>lin has not been there—it is sometimes done by book and sometimes from memory, but then the parcels are there, though not the rough notes—I have always seen Walklin hard at his work from 7 in the morning—we are some
<lb/>times there as late as 12 at night, just before Christmas.</p>
<p>
<hi rend="smallCaps">MR. METOALFE</hi>.
<hi rend="italic">Q.</hi> Is it a pretty large room?
<hi rend="italic">A.</hi> Yes; about the size of this Court—I did not hear Walklin tell Mr. White that he was going to send these parcels off—it was twenty minutes or half an hour after the van was loaded that he told me to empty the bag of pepper—cels are gener
<lb/>ally sent to the van directly they are called over—I followed the van up the lane.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Would that be its way out?
<hi rend="italic">A.</hi> Well, they could not turn round in the road, it is so narrow, but they might have backed out.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-61" type="witnessName">
<interp inst="t18610107-name-61" type="gender" value="male"/>
<interp inst="t18610107-name-61" type="surname" value="BOLLEN"/>
<interp inst="t18610107-name-61" type="given" value="WILLIAM GILES"/>WILLIAM GILES BOLLEN</persName> </hi>. (
<hi rend="italic">The prisoner</hi>). I have pleaded guilty to this charge—on 13th December these two parcels were in my cart—I do not remember taking them—I gave them to Daniels—I did not see them brought to the cart, I was across at the warehouse watering the horses—I do not know who brought them in—I went down Nicholas-lane and Cannon-street, and Walklin beckoned me down off the box into the Boar's Head—he asked me where I should meet Daniels—at that time I could not tell him where I would meet him, or at what time, but I said I should stop at Camden-town to tea, and would meet him there—he did not tell me anything further—he told me there were two parcels in the van—he paid, "You have got two parcels, one of Jordan's, and two of pepper, the same as for Robson; but you will be sure to know them, for I have marked them in full—you are to give them to Daniels f" I met Daniels at the coffee-house where I stopped to tea, and I then gave them to him—I served three or four customers, and I gave them to him at a shop in the Mornington-road—there was no arrangement with me about paying—I was only to deliver them to him—I have seen</p>
<xptr type="pageFacsimile" doc="186101070018"/>
<p>Daniels there before—he has frequently bought things at our warehouses—old fruit, and paper, and several things, and I have seen him about when he has not bought things—I have seen him frequently with Walklin, and with other people in the place too—I have received money from Walklin at times—I did not see Walklin that day after I got back from the van—I did not see him again at all before I was taken in custody—money has passed between him and me; I cannot call to mind the date, but about two or three weeks before 13th September: on several occasions; I cannot tell the exact amount—I think in one instance 4
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. and on another occasion I think 5
<hi rend="italic">s</hi>. or 6
<hi rend="italic">s</hi>.—I have seen Daniels upon one of those occasions—I think the money from Walklin was given me for goods of this description; something similar to this.
<hi rend="smallCaps">MR. SLEIGH</hi>
<hi rend="italic">objected to these matters being gone into.</hi>
<hi rend="smallCaps">THE COURT</hi>
<hi rend="italic">would reserve the point if it became necessary.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-62" type="witnessName">
<interp inst="t18610107-name-62" type="gender" value="male"/>
<interp inst="t18610107-name-62" type="surname" value="MAPLESDEN"/>
<interp inst="t18610107-name-62" type="given" value="FREDERICK HENRY"/>FREDERICK HENRY MAPLESDEN</persName> </hi>. I am foreman to Mr. Dervey, a boot maker, of 39, Poultry—I know Daniels and Walklin, I have seen them together—my attention was called to them by Smart the officer—on 5th December last, I went into the Boar's Head public-house, Cannon-street, at Smart's request—I had a glass of ale, and while I was waiting there, Daniels came in—he looked the side of the window as if he were waiting for some one—Bollen came in and they had a very deep conversation for some three or four minutes—I went out and told Smart what I had seen—he asked me to go back again—I did so, and they were still talking—I went out—Daniels went out just before me, and he was joined by the porter—Daniels went over the bridge, and I and Smart went together and watched them over the bridge—Walklin was before Daniels, and when Walklin had gone round the corner he stopped for a moment and was joined by Daniels, and they stopped and talked together for some time, at a grocer's shop at the corner of York-street, over the bridge—the next day, the 6th, I went up to see whether I could see Smart at the same place where I went the day before—he was not there, but I saw Daniels—I watched him some minutes—he went into the Boar's Head public-house, and was there joined by Walklin, and they had a pint of ale together—they stayed there about six or eight minutes—I was there all the while—I left them there and went to look for Smart—I saw them come out together—they went over the bridge together.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Were you examined before the Alderman who heard this case?
<hi rend="italic">A.</hi> No; I have nothing to do with the prosecutors—it was at my dinner hour that this took place.</p>
<p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">HENRY WEST</hi>.
<hi rend="italic">Q.</hi> What time was it that you took those parcels out of the van?
<hi rend="italic">A.</hi> I cannot say—I should say it was, perhaps, a little after 1 o'clock—I had not been to my dinner.</p>
<p>
<hi rend="largeCaps">WALKLIN</hi>
<hi rend="smallCaps">
<rs id="t18610107-126-verdict-2" type="verdictDescription">
<interp inst="t18610107-126-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18610107-126-verdict-2" type="verdictSubcategory" value="withRecommendation"/>GUILTY</rs> </hi>.—
<hi rend="italic">Strongly recommended to Mercy by the Jury; he received a good character.—
<rs id="t18610107-126-punishment-9" type="punishmentDescription">
<interp inst="t18610107-126-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18610107-126-punishment-9" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-126-18610107 t18610107-126-punishment-9"/>Confined Fifteen Months</rs>.</hi> </p>
<p>
<hi rend="largeCaps">DANELS</hi>
<hi rend="smallCaps">GUILTY</hi>.—
<hi rend="italic">
<rs id="t18610107-126-punishment-10" type="punishmentDescription">
<interp inst="t18610107-126-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18610107-126-punishment-10" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-126-18610107 t18610107-126-punishment-10"/>Confined Fifteen Months</rs>.</hi> </p>
<p>
<hi rend="largeCaps">BOLLEN</hi>
<hi rend="smallCaps">GUILTY</hi>.—
<hi rend="italic">
<rs id="t18610107-126-punishment-11" type="punishmentDescription">
<interp inst="t18610107-126-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18610107-126-punishment-11" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-126-18610107 t18610107-126-punishment-11"/>Confined Nine Months</rs>.</hi> </p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>,
<hi rend="italic">Tuesday, January</hi> 8
<hi rend="italic">th</hi>, 1861.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Ald.
<hi rend="smallCaps">COPELAND</hi>; Mr.
<hi rend="smallCaps">RECORDER</hi>; Mr. Ald.
<hi rend="smallCaps">MECHI</hi>; Mr. Ald.
<hi rend="smallCaps">HALE</hi>.</p>
<p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<xptr type="pageFacsimile" doc="186101070019"/>
<div1 type="trialAccount" id="t18610107-127">
<interp inst="t18610107-127" type="uri" value="sessionsPapers/18610107"/>
<interp inst="t18610107-127" type="date" value="18610107"/>
<join result="criminalCharge" id="t18610107-127-charge-1" targOrder="Y" targets="def1-127-18610107 t18610107-127-offence-1 t18610107-127-verdict-1"/>
<join result="criminalCharge" id="t18610107-127-charge-2" targOrder="Y" targets="def1-127-18610107 t18610107-127-offence-2 t18610107-127-verdict-1"/>
<p>127.
<persName id="def1-127-18610107" type="defendantName">
<interp inst="def1-127-18610107" type="gender" value="female"/>
<interp inst="def1-127-18610107" type="age" value="24"/>
<interp inst="def1-127-18610107" type="surname" value="SHIELD"/>
<interp inst="def1-127-18610107" type="given" value="ANN"/>
<hi rend="largeCaps">ANN SHIELD</hi> (24)</persName>
<rs id="t18610107-127-offence-1" type="offenceDescription">
<interp inst="t18610107-127-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18610107-127-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing a leather bag, value 5
<hi rend="italic">s</hi>. of
<persName id="t18610107-name-64" type="victimName">
<interp inst="t18610107-name-64" type="gender" value="male"/>
<interp inst="t18610107-name-64" type="surname" value="TAYLOR"/>
<interp inst="t18610107-name-64" type="given" value="FITZHENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18610107-127-offence-1 t18610107-name-64"/>Fitzhenry Taylor</persName> </rs>, also
<rs id="t18610107-127-offence-2" type="offenceDescription">
<interp inst="t18610107-127-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18610107-127-offence-2" type="offenceSubcategory" value="simpleLarceny"/>stealing a time-piece, value 7
<hi rend="italic">l</hi>. of
<persName id="t18610107-name-65" type="victimName">
<interp inst="t18610107-name-65" type="gender" value="male"/>
<interp inst="t18610107-name-65" type="surname" value="COXON"/>
<interp inst="t18610107-name-65" type="given" value="JOSEPH HAMILTON"/>
<join result="offenceVictim" targOrder="Y" targets="t18610107-127-offence-2 t18610107-name-65"/>Joseph Hamilton Coxon</persName>, to which she pleaded</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18610107-127-verdict-1" type="verdictDescription">
<interp inst="t18610107-127-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610107-127-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18610107-127-punishment-12" type="punishmentDescription">
<interp inst="t18610107-127-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18610107-127-punishment-12" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-127-18610107 t18610107-127-punishment-12"/>Confined Eighteen Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18610107-128">
<interp inst="t18610107-128" type="uri" value="sessionsPapers/18610107"/>
<interp inst="t18610107-128" type="date" value="18610107"/>
<join result="criminalCharge" id="t18610107-128-charge-1" targOrder="Y" targets="def1-128-18610107 t18610107-128-offence-1 t18610107-128-verdict-2"/>
<join result="criminalCharge" id="t18610107-128-charge-2" targOrder="Y" targets="def2-128-18610107 t18610107-128-offence-1 t18610107-128-verdict-1"/>
<p>128.
<persName id="def1-128-18610107" type="defendantName">
<interp inst="def1-128-18610107" type="gender" value="female"/>
<interp inst="def1-128-18610107" type="age" value="17"/>
<interp inst="def1-128-18610107" type="surname" value="RICHARDSON"/>
<interp inst="def1-128-18610107" type="given" value="EMMA"/>
<hi rend="largeCaps">EMMA RICHARDSON</hi> (17)</persName>, and
<persName id="def2-128-18610107" type="defendantName">
<interp inst="def2-128-18610107" type="gender" value="male"/>
<interp inst="def2-128-18610107" type="age" value="17"/>
<interp inst="def2-128-18610107" type="surname" value="FLEET"/>
<interp inst="def2-128-18610107" type="given" value="ANTHONY"/>
<hi rend="largeCaps">ANTHONY FLEET</hi> (17)</persName>
<rs id="t18610107-128-offence-1" type="offenceDescription">
<interp inst="t18610107-128-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18610107-128-offence-1" type="offenceSubcategory" value="robbery"/>. Robbery with violence on
<persName id="t18610107-name-68" type="victimName">
<interp inst="t18610107-name-68" type="gender" value="male"/>
<interp inst="t18610107-name-68" type="surname" value="WHEATLEY"/>
<interp inst="t18610107-name-68" type="given" value="BENJAMIN"/>
<join result="offenceVictim" targOrder="Y" targets="t18610107-128-offence-1 t18610107-name-68"/>Benjamin Wheatley</persName>, and stealing from him 21 books, and 1 necktie, his property.</rs> </p>
<p>
<hi rend="smallCaps">MR. DICKIE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-69" type="witnessName">
<interp inst="t18610107-name-69" type="gender" value="male"/>
<interp inst="t18610107-name-69" type="surname" value="WHEATLEY"/>
<interp inst="t18610107-name-69" type="given" value="BENJAMIN"/>BENJAMIN WHEATLEY</persName> </hi>. I am a district visitor, at 22, Kennington-place, Westminster—on the 12th December, about five o'clock in the evening, I was passing along Marsham-street, when I met the two prisoners and another boy, and another young woman—the boys were in front and the female prisoner was behind—the male prisoner struck me in the left chest, and the other boy pushed me and I fell down—I got up again and caught hold of the boy that had the books—I had a parcel of books under my arm, and the boy not in custody took the books from under my arm—I got them back again, when the female prisoner came and caught hold of my neck
<lb/>tie, pulled it off, and struck me several times in the face, and the boy got away from me—the books fell out of the parcel, some I picked up myself, and a little child about six years old picked up the remainder and gave to me—I had a full opportunity of seeing the prisoners—I am quite positive of Fleet—all four of them ran away—I ran after them and caught Richardson in Bennett's-yard, Marsham-street—a struggle ensued, and Fleet and the other two came to her rescue—they caught hold of me but two men coming out of a gateway in the yard, they made off, and left Richardson with me—I detained her till a policeman came up and gave her in custody—I had a slight knowledge of Fleet and Richardson, by visiting round that district—I knew them by sight—the value of the books is 7
<hi rend="italic">s</hi>.</p>
<p>
<hi rend="italic">Richardson. Q.</hi> Was I not coming along with another, young woman?
<hi rend="italic">A.</hi> Yes, behind Fleet and the other boy who is not in custody—you were not pushed at all by the two who were in front of you—as soon as you saw I had got hold of the boy not in custody, you came and caught hold of my collar and my throat—you would not have fallen down if you had not done so—I felt your blows very much next day.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-70" type="witnessName">
<interp inst="t18610107-name-70" type="gender" value="male"/>
<interp inst="t18610107-name-70" type="surname" value="STAPLES"/>
<interp inst="t18610107-name-70" type="given" value="ROBERT"/>ROBERT STAPLES</persName> </hi> (
<hi rend="italic">Policeman, B</hi> 310). I took Richardson in custody on 12th December—about a quarter of an hour before the robbery, I saw four of them together, Richardson, and Fleet, and two more—when I took Richardson she said she knew nothing about it, it was "Ginger" that took the books from Mr. Wheatley—Fleet goes by that name.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-71" type="witnessName">
<interp inst="t18610107-name-71" type="gender" value="male"/>
<interp inst="t18610107-name-71" type="surname" value="SHEEN"/>
<interp inst="t18610107-name-71" type="given" value="MICHAEL JOHN"/>MICHAEL JOHN SHEEN</persName> </hi> (
<hi rend="italic">Policeman, B</hi> 272). I saw Fleet on the evening of the 12th December, with another lad—he ran away and I took him on the following morning in his bed, at a lodging-house in St Ann' s-street; Westminster—I told him I wanted him for stealing some books—that was one charge—there were two charges against him—he said he knew nothing about the book affair.</p>
<p>
<hi rend="italic">Richardson's Defence.</hi> I was coming down Marsham-street, along with another young woman, when a boy with a white blouse came across and pushed me and very nearly pushed the other young woman down—I went to pass the gentleman, and when he had hold of the boys he pushed me and I was very nearly falling, only I caught hold of the gentleman's coat or something—I ran after the boy down Bennett's-yard, when the gentleman ran and caught hold of me—he pulled me about very much—I told him it</p>
<xptr type="pageFacsimile" doc="186101070020"/>
<p>was not me, I would walk till we came to a policeman—he said no—he pul
<lb/>led my necktie off and tore my clothes all to pieces—we walked till we came to a policeman and he gave me in charge—as to the policeman saying he saw me with the boys, it is no such thing.</p>
<p>
<hi rend="italic">Fleet's Defence.</hi> At the time this occurred I was at home having my tea—I was not there at all—I play the
<hi rend="italic">banjo</hi> about the streets.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-72" type="witnessName">
<interp inst="t18610107-name-72" type="gender" value="male"/>
<interp inst="t18610107-name-72" type="surname" value="WHEATLY"/>
<interp inst="t18610107-name-72" type="given" value="BENJAMIN"/>BENJAMIN WHEATLY</persName> </hi>,
<hi rend="italic">Re-examined.</hi> I recovered my scarf again but the neck
<lb/>tie I have not recovered—the hat and scarf were brought to me afterwards—I was struck several times in my face by the female, and the second time when I met her I was pushed down and we rolled over one another.</p>
<p>
<hi rend="largeCaps">FLEET</hi>*—
<hi rend="smallCaps">
<rs id="t18610107-128-verdict-1" type="verdictDescription">
<interp inst="t18610107-128-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610107-128-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<p>
<hi rend="largeCaps">RICHARDSON</hi>†—
<hi rend="smallCaps">
<rs id="t18610107-128-verdict-2" type="verdictDescription">
<interp inst="t18610107-128-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18610107-128-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18610107-128-punishment-13" type="punishmentDescription">
<interp inst="t18610107-128-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18610107-128-punishment-13" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-128-18610107 t18610107-128-punishment-13"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-128-18610107 t18610107-128-punishment-13"/>Confined Twelve Months each</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18610107-129">
<interp inst="t18610107-129" type="uri" value="sessionsPapers/18610107"/>
<interp inst="t18610107-129" type="date" value="18610107"/>
<join result="criminalCharge" id="t18610107-129-charge-1" targOrder="Y" targets="def1-129-18610107 t18610107-129-offence-1 t18610107-129-verdict-1"/>
<p>129.
<persName id="def1-129-18610107" type="defendantName">
<interp inst="def1-129-18610107" type="gender" value="male"/>
<interp inst="def1-129-18610107" type="age" value="21"/>
<interp inst="def1-129-18610107" type="surname" value="BURTON"/>
<interp inst="def1-129-18610107" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE BURTON</hi> (21)</persName>
<rs id="t18610107-129-offence-1" type="offenceDescription">
<interp inst="t18610107-129-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18610107-129-offence-1" type="offenceSubcategory" value="robbery"/>. Robbery with violence upon
<persName id="t18610107-name-74" type="victimName">
<interp inst="t18610107-name-74" type="gender" value="male"/>
<interp inst="t18610107-name-74" type="surname" value="FROST"/>
<interp inst="t18610107-name-74" type="given" value="JAMES SIMPSON"/>
<join result="offenceVictim" targOrder="Y" targets="t18610107-129-offence-1 t18610107-name-74"/>James Simpson Frost</persName>, and stealing turkey and 2 dead fowls, his property.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-75" type="witnessName">
<interp inst="t18610107-name-75" type="gender" value="male"/>
<interp inst="t18610107-name-75" type="surname" value="DONNELLM"/>
<interp inst="t18610107-name-75" type="given" value="MAC"/>MR. MAC DONNELLM</persName> </hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-76" type="witnessName">
<interp inst="t18610107-name-76" type="gender" value="male"/>
<interp inst="t18610107-name-76" type="surname" value="FROST"/>
<interp inst="t18610107-name-76" type="given" value="JAMES SIMPSON"/>JAMES SIMPSON FROST</persName> </hi>. I am in the service of the Great Northern Railway Company, and reside at 11, Claremont-terrace, Kentish-town—on the night of the 21st December last, I was in a butcher's shop in Skinner-street, King's cross—whilst there, the prisoner came up to me and asked me if he should get me a cab—I replied that I could get one myself, I was obliged to him—within a minute after that time a cab drew up, and I told the cabman to go to Kentish-town—I had a turkey, two fowls, and a piece of beef with me—I was taken to the Castle at Kentish-town, and got out there—I made a pro
<lb/>position to the cabman to take me to my residence, about 100 yards further, but he said the road was too bad—I went on by the congregational church, and was met by three men, one of whom made an attempt to get the package from me, but did not succeed—I was knocked down, and the pack
<lb/>age went out of my hand—I saw three persons by me when I was knocked down—I cried, "Stop thief!"—all I recollect, was seeing the three make an attempt to get possession of the package, and then run away.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COOPER</hi>.
<hi rend="italic">Q.</hi> How far had you to go from where you first got in, at Skinner-street, to the Castle in Kentish-town?
<hi rend="italic">A.</hi> About a mile and a half—we went at a walking pace all the way, on account of the state of the road—after I left the cab, I walked about fifty or sixty yards, I should say, before anything happened—there was no moon, but it was very misty.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-77" type="witnessName">
<interp inst="t18610107-name-77" type="gender" value="male"/>
<interp inst="t18610107-name-77" type="surname" value="ELDRED"/>
<interp inst="t18610107-name-77" type="given" value="JOSIAH"/>JOSIAH ELDRED</persName> </hi> (
<hi rend="italic">Policeman, S</hi> 434). I was on duty on the 21st of last month, about ten o'clock at night, at Kentish-town—whilst there, I heard the cry of "Stop thief!"—I ran and saw the prisoner standing over the prosecutor—he ran away, and I followed him, till my brother constable caught him—when I went on duty again, at about 11 o'clock, I found a turkey and two fowls.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Were they lying on the road?
<hi rend="italic">A.</hi> No, thrown over into a garden—I was from fifteen to twenty yards off when I saw the prisoner—I could see at that time of night, it was light—there was snow on the ground—it was not misty—when I ran after the prisoner I did not lose sight of him till he was caught—I saw two other men there—they ran away in a different road to the prisoner—I know that the prisoner lives thereabouts.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you see more than three persons there at that time?
<hi rend="italic">A.</hi> I did not.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-78" type="witnessName">
<interp inst="t18610107-name-78" type="gender" value="male"/>
<interp inst="t18610107-name-78" type="surname" value="HARRINGTON"/>
<interp inst="t18610107-name-78" type="given" value="RICHARD"/>RICHARD HARRINGTON</persName> </hi> (
<hi rend="italic">Policeman, S</hi> 282). I was on duty in Kentish
<lb/>town, between 10 and 11 o'clock, on 21st December last—whilst there, I</p>
<xptr type="pageFacsimile" doc="186101070021"/>
<p>heard the cry of "Stop thief!" and I saw the prisoner running away—I caught him—he said, "You need not hold me, policeman, I am not one of them; I did not hit the man"—I took him back, and met the prosecutor—from the time I took the prisoner till I met the prosecutor we had gone, I should say, from fifty to seventy or eighty yards, I could not say exactly—it was a light night, not very frosty.</p>
<p>
<hi rend="italic">The prisoner received a good character, but John Cook, police serjeant, S</hi>, 198,
<hi rend="italic">stated that lie was the constant associate of thieves.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18610107-129-verdict-1" type="verdictDescription">
<interp inst="t18610107-129-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610107-129-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18610107-129-punishment-14" type="punishmentDescription">
<interp inst="t18610107-129-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18610107-129-punishment-14" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-129-18610107 t18610107-129-punishment-14"/>Four Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18610107-130">
<interp inst="t18610107-130" type="uri" value="sessionsPapers/18610107"/>
<interp inst="t18610107-130" type="date" value="18610107"/>
<join result="criminalCharge" id="t18610107-130-charge-1" targOrder="Y" targets="def1-130-18610107 t18610107-130-offence-1 t18610107-130-verdict-1"/>
<p>130.
<persName id="def1-130-18610107" type="defendantName">
<interp inst="def1-130-18610107" type="gender" value="male"/>
<interp inst="def1-130-18610107" type="age" value="56"/>
<interp inst="def1-130-18610107" type="surname" value="STRICKLAND"/>
<interp inst="def1-130-18610107" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM STRICKLAND</hi> (56)</persName>
<rs id="t18610107-130-offence-1" type="offenceDescription">
<interp inst="t18610107-130-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18610107-130-offence-1" type="offenceSubcategory" value="forgery"/>, Feloniously forging and uttering an order for the payment of 14
<hi rend="italic">l</hi>. with intent to defraud.</rs> </p>
<p>
<hi rend="smallCaps">MR. SLEIGH</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-80" type="witnessName">
<interp inst="t18610107-name-80" type="gender" value="male"/>
<interp inst="t18610107-name-80" type="surname" value="TURNER"/>
<interp inst="t18610107-name-80" type="given" value="JOHN"/>JOHN TURNER</persName> </hi>. I am a cashier at the Cannon-street Branch of the Unity Bank—on the afternoon of 12th December, a person presented a cheque to me, purporting to be a cheque for 14
<hi rend="italic">l</hi>. signed by Mr. Fletcher—these (
<hi rend="italic">produced</hi>) are portions of the cheque—I had some doubts about the genuine
<lb/>ness of it, and in consequence of that I sent it to the drawer's—I can tell by the number of the cheque that it is one of the cheques from a cheque-book which had been issued to Mr. Fletcher, by our bank—I compared it with the cheque-book register.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. TAYLOR</hi>.
<hi rend="italic">Q.</hi> How can you tell it, there is no number on the cheque?
<hi rend="italic">A.</hi> I compared the number before the cheque was torn—I did not go to Mr. Fletcher's, with our clerk and the party who brought the cheque—I do not know what took place with him—it was, I suppose, half an hour before they returned.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-81" type="witnessName">
<interp inst="t18610107-name-81" type="gender" value="male"/>
<interp inst="t18610107-name-81" type="surname" value="VIGNE"/>
<interp inst="t18610107-name-81" type="given" value="SAMUEL"/>SAMUEL VIGNE</persName> </hi>. I am a ledger keeper at the Unity Bank—Mr. Turner made a communication to me in the hearing of a person who is not in cus
<lb/>tody, and handed me a cheque for 14
<hi rend="italic">l</hi>. purporting to be signed by Mr. Fletcher—I went out with the person who presented it—on getting outside the prisoner crossed from opposite to the man whom I accompanied and had some few words of conversation with him—the prisoner then came to me, and I said to him, "There is some incorrectness as to the signature"—upon which he said, "lam sure it is his signature, I can show you his private mark," at the same time snatching at it—I had it in my hand in this way—the effect was, that he took the middle of the cheque out—I cannot tell what became of it after he got it—I never saw it again at all, I looked—we proceeded towards Billingsgate—that is where Mr. Fletcher carries on business—we went to his stand—the other person accompanied us as far as Deane, Dray, and Co.'s, and then he said to the prisoner, that he wanted to go there, and he left us—on getting to Mr. Fletcher's stand at Billingsgate, the prisoner looked about and said, "Mr. Fletcher is not here"—he afterwards took me to Mr. Fletcher's cellar in Love-lane—I waited outside—he went into the cellar, came out again, and said, "Mr. Fletcher is not here"—he then took me to a public-house in Eastcheap, and I left him there—I did not find Mr. Fletcher there—I immediately went back to Mr. Fletcher's cellar and counting-house in Love-lane—I looked in the cellar and found Mr. Fletcher there—he accompanied me back to the bank—I then returned to the public-house where I had left the prisoner—I found him there—I did not find anything of the other man—I told the prisoner that my instructions were to take him back to the bank—he went back with me—I was desired to go out and get an officer, and I procured the assistance of Huggett, the officer, and the prisoner was given into custody.</p>
<xptr type="pageFacsimile" doc="186101070022"/>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Did you say anything to the prisoner for snatching the cheque?
<hi rend="italic">A.</hi> I do not remember saying a word—I spoke to him previous to his snatching, but not afterwards—he did not say, "I will take you to Mr. Fletcher's and inquire about it"—I know Mr. Fletcher well, and have worked for him—I do not remember that anything was said—we walked on in silence—I did not ask the prisoner to give me the cheque back again—I did not see what he did with it—I do not remember that at the time he snatched the cheque there was a great crowd coming by, and a man pushed against me—it was not so—we walked right on to Billingsgate—Mr. Fletcher has a cellar, and a counting-house over it—I saw the prisoner go into the cellar—he came out and said Mr. Fletcher was not there—nobody went into the counting-house—we then came away—I cannot remember what public-house it was, we then went to—we went to two public-houses—it was at the second that I left the prisoner—I wont back to Fletcher's counting-house, and before I left there the prisoner came in—I then returned with Mr. Fletcher to the bank, and then went back to the public-house where I had left the prisons—I found him there, and he went to the bank at my request—I went into the waiting-room, and Mr. Terry came to me—t of the conversation with Mr. Terry took place in my presence—Mr. Terry is the manager—he did not say, "If you don't find this Johnson, I shall give you in charge for snatching the cheque"—I do not remember anything of the sort—I do not remember his addressing the prisoner at all—I went out directly.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-82" type="witnessName">
<interp inst="t18610107-name-82" type="gender" value="male"/>
<interp inst="t18610107-name-82" type="surname" value="HUGGETT"/>
<interp inst="t18610107-name-82" type="given" value="JOSEPH"/>JOSEPH HUGGETT</persName> </hi>. I am a detective officer of the City of London-upon being communicated with, I went to the Cannon-street branch of the Unity Bank, and there saw the prisoner—Mr. Terry banded me this mutilated cheque in the prisoner's presence, and said, "This is A forgery"—I said to the prisoner, "What account can you give me of this?" he said, "I met a man this afternoon whom I had seen in Yorkshire, he told me his name was Johnson, and he had one of Fletcher's cheques, he was going to the Unity to get it cashed, I walked with him, and waited outside while he went in"—I said, "Do you know whether Johnson has any address in London?"—he said, "I don't know, all that I can tell you is, as I said before, that I met him in Yorkshire, and he said he was a fish-factor, and that is all I know of him"—I told him I did not feel satisfied with the answers that he gave, and I took him in custody.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Was Mr. Terry present when you were there?
<hi rend="italic">A.</hi> He was; I heard from Mr. Vigne that the cheque had been snatched from him—Mr. Terry gave me these two pieces, and stated that the cheque had been snatched from the clerk by the prisoner—the prisoner did not then say that he did not snatch it—on the road from Cannon-street to Bow-lane police-station he said it was a mistake on the part of the clerk—I did not understand from Mr. Terry, at that time, that the prisoner denied having snatched it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-83" type="witnessName">
<interp inst="t18610107-name-83" type="gender" value="male"/>
<interp inst="t18610107-name-83" type="surname" value="FLETCHER"/>
<interp inst="t18610107-name-83" type="given" value="FREDERICK"/>FREDERICK FLETCHER</persName> </hi>. I carry on business in Billingsgate-market, and keep an account at the Cannon-street branch of the Unity Bank—neither the writing nor signature on these portions of a cheque, are in my writing, or written by my authority—it is a bad imitation—I cannot say how long I have known the prisoner—from six to nine months—I have had him in my employment occasionally during that time; merely to go on errands and such like—I have kept my cheque-book sometimes in my desk, and' some
<lb/>times on the top of the desk, in Love-lane—I miss four cheques from it—I believe the cheque, of which these are portions, is out of my book, but my cheques are all of one number right through the book—the prisoner would</p>
<xptr type="pageFacsimile" doc="186101070023"/>
<p>come into the counting-house—on this day, just previous to Vigne's calling on me, I was in the counting—house in Love-land—I had been there, I should say, over two hours—I may have been outside the door, but not off the landing, for those two hours—I was to be found, if anybody had gone there and asked for me, during those two hours.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> You do not speak to being in the counting-house all the time?
<hi rend="italic">A.</hi> I was on the landing all the time—there are other counting-house—I might have stepped into a friend's counting-house—I know the public-house where the prisoner was afterwards found—I believe it is the King's Head—that is a house frequented by persons connected with Billings-gate—I am frequently there myself, and the prisoner frequently goes there—I know a Mr. Cannon—he is a very respectable fish salesman—I only recollect the prisoner for about six or nine months—I could not be positive—he very often came into the counting-house—plenty of other people would have the same opportunity—I do not know Johnson at all—I have not had dealings with a man from Yorkshire named Johnson—this cheque was drawn in the name of Soper—that is a servant of mine—he is in London at pre-sent—at that time he was in Yarmouth—I have entrusted the prisoner with money occasionally, and found him honest.</p>
<p>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Do you know where the prisoner was, previous to being in your employ?
<hi rend="italic">A.</hi> I never knew him before, till I saw him with Mr. Cannon.</p>
<p>
<hi rend="smallCaps">
<rs id="t18610107-130-verdict-1" type="verdictDescription">
<interp inst="t18610107-130-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610107-130-verdict-1" type="verdictSubcategory" value="lesserOffence"/>GUILTY</rs> </hi>
<hi rend="italic">of uttering.</hi> </p>
<p>
<hi rend="italic">Mr. Cannon gave the prisoner a good character for the last fifteen months, but the prisoner had been twice previously convicted at this Court; once in</hi> 1848
<hi rend="italic">of larceny, and again in</hi> 1859
<hi rend="italic">of cutting and wounding.</hi> </p>
<p>
<hi rend="italic">
<rs id="t18610107-130-punishment-15" type="punishmentDescription">
<interp inst="t18610107-130-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18610107-130-punishment-15" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-130-18610107 t18610107-130-punishment-15"/>Four Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18610107-131">
<interp inst="t18610107-131" type="uri" value="sessionsPapers/18610107"/>
<interp inst="t18610107-131" type="date" value="18610107"/>
<join result="criminalCharge" id="t18610107-131-charge-1" targOrder="Y" targets="def1-131-18610107 t18610107-131-offence-1 t18610107-131-verdict-1"/>
<p>131.
<persName id="def1-131-18610107" type="defendantName">
<interp inst="def1-131-18610107" type="gender" value="indeterminate"/>
<interp inst="def1-131-18610107" type="age" value="42"/>
<interp inst="def1-131-18610107" type="surname" value="KOKAKY"/>
<interp inst="def1-131-18610107" type="given" value="STAVIES"/>
<hi rend="largeCaps">STAVIES KOKAKY</hi> (42)</persName>
<rs id="t18610107-131-offence-1" type="offenceDescription">
<interp inst="t18610107-131-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18610107-131-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 180 yards of silk, value 29
<hi rend="italic">l</hi>., the property of
<persName id="t18610107-name-85" type="victimName">
<interp inst="t18610107-name-85" type="gender" value="male"/>
<interp inst="t18610107-name-85" type="surname" value="NUTTAL"/>
<interp inst="t18610107-name-85" type="given" value="ROBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t18610107-131-offence-1 t18610107-name-85"/>Robert Nuttal</persName> and another, to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18610107-131-verdict-1" type="verdictDescription">
<interp inst="t18610107-131-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610107-131-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18610107-131-punishment-16" type="punishmentDescription">
<interp inst="t18610107-131-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18610107-131-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-131-18610107 t18610107-131-punishment-16"/>Confined Nine Months</rs> </hi>,</p> </div1>
<div1 type="trialAccount" id="t18610107-132">
<interp inst="t18610107-132" type="uri" value="sessionsPapers/18610107"/>
<interp inst="t18610107-132" type="date" value="18610107"/>
<join result="criminalCharge" id="t18610107-132-charge-1" targOrder="Y" targets="def1-132-18610107 t18610107-132-offence-1 t18610107-132-verdict-1"/>
<p>132.
<persName id="def1-132-18610107" type="defendantName">
<interp inst="def1-132-18610107" type="gender" value="male"/>
<interp inst="def1-132-18610107" type="age" value="27"/>
<interp inst="def1-132-18610107" type="surname" value="BELL"/>
<interp inst="def1-132-18610107" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY BELL</hi> (27)</persName>
<rs id="t18610107-132-offence-1" type="offenceDescription">
<interp inst="t18610107-132-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18610107-132-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 8 rolls of bacon, 6 hams, and other goods, value 12
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>., of
<persName id="t18610107-name-87" type="victimName">
<interp inst="t18610107-name-87" type="gender" value="male"/>
<interp inst="t18610107-name-87" type="surname" value="CROASDELL"/>
<interp inst="t18610107-name-87" type="given" value="FREDERICK"/>
<join result="offenceVictim" targOrder="Y" targets="t18610107-132-offence-1 t18610107-name-87"/>Frederick Croasdell</persName> and another.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-88" type="witnessName">
<interp inst="t18610107-name-88" type="gender" value="indeterminate"/>
<interp inst="t18610107-name-88" type="surname" value="ATKINSON"/>
<interp inst="t18610107-name-88" type="given" value="TINJDAL"/>MR. TINJDAL ATKINSON</persName> </hi>
<hi rend="italic">conducted the prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-89" type="witnessName">
<interp inst="t18610107-name-89" type="gender" value="male"/>
<interp inst="t18610107-name-89" type="surname" value="CROASDELL"/>
<interp inst="t18610107-name-89" type="given" value="FREDERICK"/>FREDERICK CROASDELL</persName> </hi>. I carry on business as a wholesale cheesemonger in Miles-lane, Upper Thames—street, in partnership with Arthur Brock
<lb/>sopp—I have seen the prisoner at my place of business about three times altogether—on the first occasion my partner sold him some goods; I was in the warehouse—we told him we would sell them for cash—that was about two months before this transaction—we were paid by a cheque from his father—the cheque was paid and then we sent the goods—we got the money first—I remember his coming a week or two after, with a second order for goods—I was present then—nothing was said to him about credit—the goods were brought back, in consequence of no money being paid—on the afternoon of Wednesday, 2d January, he came and selected articles to the value of 12
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>., which form the subject of the present indictment—I distinctly told him I should not sell them unless he paid cash for them—he said, "Very well, when you send the goods I will pay the money"—I sent the goods by Rowland, the carman, with an invoice, and I gave him in
<lb/>structions—he came back again about two hours after, without the money or the goods.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> You did not tell us the amount of the first transaction?
<hi rend="italic">A.</hi> About 63
<hi rend="italic">l</hi>.—previous to delivering the goods,</p>
<xptr type="pageFacsimile" doc="186101070024"/>
<p>my partner went to his shop—I visited the shop myself last Wednesday evening; not before this last parcel of goods was delivered—I believe Rowland took the first parcel of goods—we entered these goods in our ordinary day-book, as sold to the prisoner—I have not my books here—I believe there was another party present, besides myself, when the prisoner selected the goods—I do not know who it was—it was some party with the prisoner—I do not know that I should know that party if I were to see him—our warehouseman was present—he is not here—the prisoner was a few minutes selecting the goods—he did not call in the morning and ask me about butter, nor did I tell him that I had not any that would suit him then, but would have if he called by and bye—he asked me if I had some other description of bacon, and I told him I had not—I did not say that if he came again next day I would have some that would suit him; nothing of the kind—he did not, on the very first occasion that he called, tell us that his father was a man of means, and that we should be paid by his father's cheques—we knew nothing of his father—he did not mention his father to us on the first occasion and tell us, when he handed us the cheque, that it was his father's cheque—we received it from the father—the father did not come there with him—we sent the invoice to his father and he paid the cheque—his father is not living at the place where he carries on business—he lives at Trinity-square, Tower-hill—I believe he is carrying on business as a provision merchant—when the goods were brought back by our carman, Mr. Brocksopp went first to the shop, and I went after he came back—I was there while he was there—it was a few minutes before 12 at night when I ordered the prisoner to be given into custody—when I got there I found these very hams and bacon in the shop; the greater part of them cut up—I was rather excited—the prisoner did not tell me that that was not the way to speak to him, that he was a respectable man, and that we should have had his father's cheque for the goods, if we had only waited—he said nothing of the kind—Mr. Brocksopp said, in my hearing, "Now, Mr. Bell, I must have my money, or my goods back"—the prisoner did not say, "So you shall have your money, but I have been treated very grossly by your carman, and I am not to be insulted with impunity"—I was not present during the whole of the time that Mr. Brocksopp was there—the agreement was that the money was to come back when we sent the goods.</p>
<p>
<hi rend="smallCaps">MR. ATKINSON</hi>.
<hi rend="italic">Q.</hi> You went with Mr. Brocksopp after you came back, and got a police-officer?
<hi rend="italic">A.</hi> Yes—the prisoner selected the goods himself—the other person was by the door.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-90" type="witnessName">
<interp inst="t18610107-name-90" type="gender" value="male"/>
<interp inst="t18610107-name-90" type="surname" value="ROWLAND"/>
<interp inst="t18610107-name-90" type="given" value="RICHARD"/>RICHARD ROWLAND</persName> </hi>. I am a carman to Messrs. Croasdell and Brocksopp—I received the bacon, cheese, and the hams on Wednesday, the 2d January—I went from my master's place with them about a quarter-past 5 the prisoner lives in Clarence-place, Hackney-road—I took this invoice with me—I received instructions from my master before I took the goods—I did not find the prisoner at Clarence-place when I got there—the goods were at that time in my cart—when I found he was not there I waited as-near as I can tell about ten minutes or a quarter of an hour—he then came to me at the cart—I remained with the goods in the cart—I presented the invoice to him and told him my instructions were, when I left home, either to take the goods or the money back (I had taken him goods before, on one occasion, but brought them back again because he would not pay me)—he said, "Bring he goods in the shop, and I will pay you, not before"—I told him on those conditions I would take them in the shop, and I took</p>
<xptr type="pageFacsimile" doc="186101070025"/>
<p>them in—he weighed them and he checked the weights off, and said he was very pleased with the goods, and told me where to put them—I put them down and then asked him for the money—I said to him, "I mast either take the goods or the money back"—he said he would see me b—before he would pay me—he had nothing in his hand at the time he said that—I asked him for the money and he would not pay me—I staid in the shop in hopes to get the money, and he took and cut up the bacon and asked if I would not like to have a bit, and
<hi rend="italic">sneered</hi> me about—I kept in the shop for about an hour and twenty minutes—he brought me a chair out of the parlor and a newspaper, and asked me if I would not like to sit down and read; and to get me out of the shop, he asked me if I would not go and have a glass of ale—I said, "No"—at last I found I could not get the money, and I drove home as hard as I could and told my employers—when the prisoner found that I would not go, he said if I did not. go he would b—y well kick me out; I then went home.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> You had been there on two occasions previously; bad you not?
<hi rend="italic">A.</hi> Yes—I did not know, on the first occasion I went there, that the goods had been paid for by a cheque—I had a book to sign when the goods were paid for—I had not heard anything about his father then—I heard afterwards that his father had paid for the goods—on this occasion, when I demanded the money, I was very civil; I did not use any abusive language—as near as I can recollect, it was about a quarter or twenty minutes past 5 when I took the goods—when I said I must have the money or the goods he did not say that he would call in the morning and pay for them—he did not say that he was going that evening to see his father, and would get his father's cheque and pay for them in the morning; not a word about it—he did not say to me, "You have no necessity to talk in that way about me; I paid honourably when I bought before, and I will pay again"—there were two men in his shop at the time—I do not know who they were—they were not persons that came to buy things—they were there when I went in—I presented the invoice to the prisoner and told him that my instructions were to take either goods or money back, before they were removed out of my cart—I was there for an hour and twenty minutes—no customers came in while I was there—I saw a few things in the shop, eatables; but that was all—he did not beg of me not to make that noise in the hearing of his customers; that it would injure him; he did not say, Come into the parlour, and do not make that noise."</p>
<p>
<hi rend="smallCaps">MR. ATKINSON</hi>.
<hi rend="italic">Q.</hi> You Say there were no customers?
<hi rend="italic">A.</hi> No—this stamp was on the invoice when I took it—I am able to write.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-91" type="witnessName">
<interp inst="t18610107-name-91" type="gender" value="male"/>
<interp inst="t18610107-name-91" type="surname" value="BROCKSOPP"/>
<interp inst="t18610107-name-91" type="given" value="ARTHUR"/>ARTHUR BROCKSOPP</persName> </hi>. I carry on business with Mr. Croasdell—the pri
<lb/>soner came a few weeks back and asked what were our terms; I told him cash on the first transaction; on the second, a respectable reference, and then it would require further consideration—I went down and saw his shop; and told him it was quite impossible to get a living in the place, being a situation—he came to our place a week or ten days afterwards and said, "Will you trust me?"—I said, "No; the gentleman who brought you here first told me not to trust you a farthing; I can only serve you for cash"—he bought some goods—I gave instructions to our carman about the goods—the goods came back on the second occasion—on the third occasion, 2d January, I was not present when he came—I arrived home just as the carman went away; I was informed of the transaction, and I went instantly after him—I went down to his shop, and he said, "Come inside," and closed the door—I kept the handle of the door in my hand—he said, "What do</p>
<xptr type="pageFacsimile" doc="186101070026"/>
<p>you want?"—I said, "I want the money or the goods at once"—he said, "Go out directly or I will stab you;" he looked round; I thought he was going to get some sort of weapon, and I rushed into the street—while in the shop I looked at the fittings up; the place was full of dummies, with hardly any goods; butter-tubs glazed over with imitation of butter, and cheeses made of plaster of Paris—I went home and brought the carman and my partner in a cab, and then went with a police-officer and gave him in charge.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Did you take a policeman with you?
<hi rend="italic">A.</hi> On the way, going home, I went to the police-station, and they sent a policeman to watch the house—the policeman was waiting outside, by the instructions of the sergeant, to take him into custody when I arrived—I did not see his father on any occasion—I sent my clerk for the cheque, and we had it cashed before the goods were delivered—the clerk is not here—they do not make use of dummies in respectable shops; we never had one in our own—the prisoner's was a middling-sized shop—I had not visited it between the first sale of goods to him, and the last transaction—when I saw him that night I had a conversation with him, when my partner was not present—he did not complain in any way to me of the manner in which the carman had treated him, and that he had lost his temper; he only rushed at me and said he would stab me—I asked him for the money, and that was his answer—he did not say that if we waited till the next day his father would give us a cheque, as he bad done before.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-92" type="witnessName">
<interp inst="t18610107-name-92" type="gender" value="male"/>
<interp inst="t18610107-name-92" type="surname" value="LARK"/>
<interp inst="t18610107-name-92" type="given" value="JOHN"/>JOHN LARK</persName> </hi> (
<hi rend="italic">Policeman, H</hi> 126). I went with Mr. Croasdell and Mr. Brocksopp, and took the prisoner into custody—he was searched at the station, and upon him was found 1
<hi rend="italic">l</hi>. 17
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>. a pocket book, and this invoice—I cannot say exactly what was in the till, but what was in the house afterwards was 1
<hi rend="italic">l</hi>. 0
<hi rend="italic">s</hi>. 3 1/4
<hi rend="italic">d</hi>. in copper and silver—that was the whole of the money that was taken either in the house or on him.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Were you on duty at the time?
<hi rend="italic">A.</hi> I was—I called the defendant up by ringing the bell—the prosecutors were with me, and the carman—I stated that he was charged with stealing these goods, or obtaining them without paying for them—I cannot say whether that was in the hearing of both the prosecutors, for I entered the shop by myself—I never heard him say, in the presence of all three, that if he had been treated decently there would have been no necessity for any of this fuss, because he would have paid for the goods to-morrow—he asked me what he was charged with—I said, "For obtaining the goods without paying for them"—he said he intended to pay for them—he said that in my presence, not in the presence of the other parties—I was not, when before the magistrate, under the impression that the two prosecutors and the carman were present when he said that.</p>
<p>
<hi rend="italic">The prisoner received a good character.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18610107-132-verdict-1" type="verdictDescription">
<interp inst="t18610107-132-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610107-132-verdict-1" type="verdictSubcategory" value="withRecommendation"/>GUILTY</rs> </hi>.—
<hi rend="italic">Recommended to mercy by the Jury.—
<rs id="t18610107-132-punishment-17" type="punishmentDescription">
<interp inst="t18610107-132-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18610107-132-punishment-17" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-132-18610107 t18610107-132-punishment-17"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18610107-133">
<interp inst="t18610107-133" type="uri" value="sessionsPapers/18610107"/>
<interp inst="t18610107-133" type="date" value="18610107"/>
<join result="criminalCharge" id="t18610107-133-charge-1" targOrder="Y" targets="def1-133-18610107 t18610107-133-offence-1 t18610107-133-verdict-1"/>
<p>133.
<persName id="def1-133-18610107" type="defendantName">
<interp inst="def1-133-18610107" type="gender" value="male"/>
<interp inst="def1-133-18610107" type="age" value="52"/>
<interp inst="def1-133-18610107" type="surname" value="STYLES"/>
<interp inst="def1-133-18610107" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES STYLES</hi> (52)</persName>
<rs id="t18610107-133-offence-1" type="offenceDescription">
<interp inst="t18610107-133-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18610107-133-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 700 lbs. weight of flour, and 3 sacks, the property of
<persName id="t18610107-name-94" type="victimName">
<interp inst="t18610107-name-94" type="gender" value="male"/>
<interp inst="t18610107-name-94" type="surname" value="KINGSFORD"/>
<interp inst="t18610107-name-94" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18610107-133-offence-1 t18610107-name-94"/>Thomas Kingsford</persName> and another.</rs> </p>
<p>
<hi rend="smallCaps">MR. M. J. O'CONNELL</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-95" type="witnessName">
<interp inst="t18610107-name-95" type="gender" value="male"/>
<interp inst="t18610107-name-95" type="surname" value="HUBBLE"/>
<interp inst="t18610107-name-95" type="given" value="THOMAS"/>THOMAS HUBBLE</persName> </hi> (
<hi rend="italic">City-policeman</hi>, 94). On the afternoon of 29th Decem
<lb/>ber I went to the prisoner's premises, 66, Milton-street, where he carries on the business of a marine-store dealer—I said, "Do you know anything about receiving any flour lately?"—he said, "Yes"—I said, "Where is it?" or, "From whom did you receive it?"—he said, "From a man I do not know; a man was coming up here on Thursday evening; it was very slippery, and he was loaded very heavily; his</p>
<xptr type="pageFacsimile" doc="186101070027"/>
<p>horses could not get along, and he asked me to let him leave three sacks, I told him I had not got room, and sent my daughter up to Mr. Brazaier, a baker's, just above, to ask him whether he would accommodate me by taking in three sacks for me"—I went to Mr. Brazier's, who lives in Milton-street also—another constable remained at the prisoner's premises—Brazier came back with me to the prisoner's place—I saw three sacks of flour at the prisoner's previous to going to Brazier's—they were standing in the back kitchen on the ground floor; the back part of the shop—the sacks were quite plain—there was no mark on them.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. TINDAL ATKINSON</hi>.
<hi rend="italic">Q.</hi> Just let me know distinctly what you said to him when you went into the shop.
<hi rend="italic">A.</hi> I said, "Do you know anything about any flour? or receiving any flour? taking any flour?" or, something of that sort, words to that effect—I said, "Lately?"—he said "Yes"—I then said, "Where is it?"—he said, "Here it is in my back kitchen"—I got to his back kitchen by going through the shop—it is on the same floor as the shop—there is a glass door in the partition—it is a sort of partition with four squares of glass in it—you can see through it from the shop, but you cannot see the whole that is there—I did not look through—I went inside—the moment you pass out of the shop you pass into the room—he there keeps a portion of the thing she deals in—the three sacks were in one corner of the place, by themselves, so that I should have no dif
<lb/>ficulty, when I went into the room, in seeing them—I had seen the flour I had the conversation about, where they were taken to, and then he explained about the state of the streets being slippery, and the man being overloaded, and wanting him to take care of the three sacks—he told me he had taken them to Brazier's—he said they were taken, and he had had them back again—he said he had sent his daughter with the carman to Brazier's with the flour, having no room.</p>
<p>
<hi rend="smallCaps">MR. O'CONNELL</hi>.
<hi rend="italic">Q.</hi> How long were you there before you went to Brazier's?
<hi rend="italic">A.</hi> About five minutes.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-96" type="witnessName">
<interp inst="t18610107-name-96" type="gender" value="female"/>
<interp inst="t18610107-name-96" type="surname" value="BRAZIER"/>
<interp inst="t18610107-name-96" type="given" value="LOUISA"/>LOUISA BRAZIER</persName> </hi>. I am the wife of Samuel Brazier, a baker, of Milton-street—the prisoner lives a few doors from me—on Thursday evening, 27th December, the prisoner's daughter came to our house between 6 and 7 o'clock—she made some communication to me, and a wagon came afterwards to our door, and the carman took from the wagon three sacks of flour—he put them in a bake-house at the back of the shop—I did not see anyone with the carman—after that, the same evening, my husband asked me some
<lb/>thing about those sacks, and after that, one man took away two of the sacks; and another man took away the third—I do not know of my own knowledge where they were taken to—I did not see them taken anywhere—I saw, when the man brought the wagon, that there were other sacks of flour besides these three—the carman took them from the back of the wagon.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> It was very severe weather at this time, was it not?
<hi rend="italic">A.</hi> Yes—the streets were in a very sad state as regards horses.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-97" type="witnessName">
<interp inst="t18610107-name-97" type="gender" value="male"/>
<interp inst="t18610107-name-97" type="surname" value="BRAZIER"/>
<interp inst="t18610107-name-97" type="given" value="SAMUEL"/>SAMUEL BRAZIER</persName> </hi>. I am the husband of the last witness—I remember coming in last Thursday week, 27th December, in the evening, and finding three sacks of flour—I asked my wife some question about them—in cones
<lb/>quence of what she said to me I went to Mr. Styles', and found him at his shop—I said to him, "Who authorized you to send flour to my place?"—he said, "Oh! you have no need to flurry yourself about it"—he began relating something about a man being stuck in the snow, and could not get his wagon along up the street; I did not pay much attention to that; all I said was, "You must take it off my premises"—I told him I had no room,</p>
<xptr type="pageFacsimile" doc="186101070028"/>
<p>and if I had, I should not keep it on my premises—I said that if he did not do so, I should not go home, I should go to Moor-lane station-house, unless he came with me, or sent some one to fetch it away—he made no remark upon that, he went out to look for a man—I saw him coming up the street with a man, and his daughter came with the man—the man went into the bake-house with the prisoner's daughter, and took one sack of flour, then he came for the other, and took that also—he went down to Mr. Styles' house—I stood at the street door, and saw him go down with the sack on his back in the middle of the road—I got M'Caffrey, another man, to take away the third sack—he lives directly opposite me—I went, with him, to the prisoner's house—I observed the sacks that were taken from ray premises—they were the same as I generally have—there was a mark on them, "City of London"—I am quite sure that mark was on both sides of each of the three sacks—when I went into the prisoner's shop, I said to him, "You ought to be ashamed of yourself to put flour in my premises while I was in bed,' because he had sent up to see me—he said, "Oh, go on, go on!"—that was all he said—I walked away—I had no connexion with the man—I had never bought any flour or anything else of him.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-98" type="witnessName">
<interp inst="t18610107-name-98" type="gender" value="male"/>
<interp inst="t18610107-name-98" type="surname" value="STRADWICK"/>
<interp inst="t18610107-name-98" type="given" value="WILLIAM"/>WILLIAM STRADWICK</persName> </hi>. I am carman to Messrs. Bingham, of Chapel-street, Cripplegate, and live in Leonard-street, Finsbury—on Thursday, 27th December, I was in the Axe public-house, Milton-street, between 6 and 7 in the evening—the prisoner came there to me—he called me out and asked me to go up the street and fetch down two sacks of flour—I went with his daughter up the street, to Mr. Brazier's—I took a sack of floor from there to the prisoner's shop, and put it in the back room—I went up and fetched another and got part of the way with it and tumbled down and hurt my ancle, and could not go any more—I do not know what kind of sack it was; it had a mark on it,; I did not observe what the mark was—the prisoner gave me 2
<hi rend="italic">s</hi>. for the job—I did not take the second sack the whole of the way.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> He gave you 2
<hi rend="italic">s</hi>. to get a cab to get home, did not he, because your leg was hurt?
<hi rend="italic">A.</hi> No; he did not do anything of the sort—I hobbled home the best way I could—I told him my leg was hurt—it was very much sprained—I was laid up two days with it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-99" type="witnessName">
<interp inst="t18610107-name-99" type="gender" value="male"/>
<interp inst="t18610107-name-99" type="surname" value="KINGSFORD"/>
<interp inst="t18610107-name-99" type="given" value="WILLIAM"/>WILLIAM KINGSFORD</persName> </hi>. I am a clerk in the employment of Thomas and Charles Kingsford, millers, of Deptford—I remember on 27th December our wagon bringing some flour up to London—it left between 7 and 8 in the evening—it had forty sacks of flour when it left home—it was in charge of the carman—he was instructed to leave fifteen sacks at two bakers', and twenty-five sacks he was to take to the City of London Union, at Bow—he never returned—the wagon was brought home by a strange man about 3 o'clock on Friday morning—the carman has not returned since—we examined the wagon the next day, and found in it eighteen sacks of flour and one empty sack; three out of the eighteen sacks had been opened, and about half a bushel of flour taken out of each—the eighteen were intended for the City of London Union, with "City of London" marked on the sacks—the empty one was for the City of London Union—all the sacks in which the flour for the Union was, were marked "City of London," and the property of the City of London—the sacks were marked from top to bottom in long letters, "City of London"—they were marked on both sides, I believe, to the best of my knowledge—I have seen the sacks several times and I think they were marked on both sides—I am sure that mark was on all the twenty-five.</p>
<xptr type="pageFacsimile" doc="186101070029"/>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Is it a stamp mark?
<hi rend="italic">A.</hi> Printed with red paint—I was not present when the sacks were delivered to the carman to be taken out—about fifteen sacks that were in the wagon at the time were marked "Thomas and Charles Kingsford"—sometimes we have other persons' sacks that we use—they are not very often plain—we are in the habit of filling sacks the bakers send to us—it may be that sometimes we get other persons' sacks left in our place, in exchange for our own—we have no means of knowing where the wagon and horses had been, or who had had charge of them.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-100" type="witnessName">
<interp inst="t18610107-name-100" type="gender" value="male"/>
<interp inst="t18610107-name-100" type="surname" value="MCCAFFERY"/>
<interp inst="t18610107-name-100" type="given" value="WILLIAM"/>WILLIAM MCCAFFERY</persName> </hi>. I reside at 7, Milton-street, and am a hassock maker—I know the prisoner—on the evening of Thursday, 27th December, I went to Mr. Brazier's shop—it was then getting on for 7 o'clock—Mr. Brazier asked me to carry a sack of flour from his bakehouse to Mr. Styles'—I did so—I placed it in front of the prisoner's doorway, on the left-hand side, in a vacant spot—I did not see any other sack of flour on the premises—the prisoner was standing at his door when I took the sack in—when I got in he said, "Here is 6
<hi rend="italic">d</hi>., get yourself a cup of tea or a cup of coffee"—I refused it—I said, "I do not require it, because Mr. Brazier is going to give me 6
<hi rend="italic">d</hi>."—he said, "Nonsense, you had better take it, William;" so I took it, but I did not take it for the want of the 6
<hi rend="italic">d</hi>.; I refused it several times—Mr. Brazier gave me 6
<hi rend="italic">d</hi>. too—I told him Mr. Styles had forced sixpence on me, and I did not require it—I was at my own shop when Brazier came to me first.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Was the sack that you took marked?
<hi rend="italic">A.</hi> I did not notice—I took no interest in it.</p>
<p>
<hi rend="italic">The prisoner's statement before the Magistrate was here read as follows;—" I reserve my defence."</hi> </p>
<p>
<hi rend="smallCaps">THE COURT</hi>
<hi rend="italic">considered that there was no evidence of the larceny, no witness being in attendance to prove how the wagon was loaded, or what was delivered at the City of London Union.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18610107-133-verdict-1" type="verdictDescription">
<interp inst="t18610107-133-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18610107-133-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, January</hi> 8
<hi rend="italic">th</hi>, 1861.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>.—
<hi rend="smallCaps">SIR JAMES DUKE</hi>, Bart M.P. Aid.; Mr. Ald.
<hi rend="smallCaps">CONDER</hi>; Mr. Aid.
<hi rend="smallCaps">JAMES LAWRENCE</hi>; and
<hi rend="smallCaps">MR. COMMON SERJEANT</hi>.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18610107-134">
<interp inst="t18610107-134" type="uri" value="sessionsPapers/18610107"/>
<interp inst="t18610107-134" type="date" value="18610107"/>
<join result="criminalCharge" id="t18610107-134-charge-1" targOrder="Y" targets="def1-134-18610107 t18610107-134-offence-1 t18610107-134-verdict-1"/>
<p>134.
<persName id="def1-134-18610107" type="defendantName">
<interp inst="def1-134-18610107" type="gender" value="male"/>
<interp inst="def1-134-18610107" type="age" value="49"/>
<interp inst="def1-134-18610107" type="surname" value="DUNN"/>
<interp inst="def1-134-18610107" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN DUNN</hi> (49)</persName>
<rs id="t18610107-134-offence-1" type="offenceDescription">
<interp inst="t18610107-134-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18610107-134-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Feloniously uttering counterfeit coin, after a previous conviction; to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18610107-134-verdict-1" type="verdictDescription">
<interp inst="t18610107-134-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610107-134-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18610107-134-punishment-18" type="punishmentDescription">
<interp inst="t18610107-134-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18610107-134-punishment-18" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-134-18610107 t18610107-134-punishment-18"/>Four Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18610107-135">
<interp inst="t18610107-135" type="uri" value="sessionsPapers/18610107"/>
<interp inst="t18610107-135" type="date" value="18610107"/>
<join result="criminalCharge" id="t18610107-135-charge-1" targOrder="Y" targets="def1-135-18610107 t18610107-135-offence-1 t18610107-135-verdict-1"/>
<p>135.
<persName id="def1-135-18610107" type="defendantName">
<interp inst="def1-135-18610107" type="gender" value="male"/>
<interp inst="def1-135-18610107" type="age" value="25"/>
<interp inst="def1-135-18610107" type="surname" value="HALL"/>
<interp inst="def1-135-18610107" type="given" value="RICHARD"/>
<hi rend="largeCaps">RICHARD HALL</hi> (25)</persName>, was indicted
<rs id="t18610107-135-offence-1" type="offenceDescription">
<interp inst="t18610107-135-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18610107-135-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence; to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18610107-135-verdict-1" type="verdictDescription">
<interp inst="t18610107-135-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610107-135-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18610107-135-punishment-19" type="punishmentDescription">
<interp inst="t18610107-135-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18610107-135-punishment-19" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-135-18610107 t18610107-135-punishment-19"/>Four Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18610107-136">
<interp inst="t18610107-136" type="uri" value="sessionsPapers/18610107"/>
<interp inst="t18610107-136" type="date" value="18610107"/>
<join result="criminalCharge" id="t18610107-136-charge-1" targOrder="Y" targets="def1-136-18610107 t18610107-136-offence-1 t18610107-136-verdict-1"/>
<p>136.
<persName id="def1-136-18610107" type="defendantName">
<interp inst="def1-136-18610107" type="gender" value="male"/>
<interp inst="def1-136-18610107" type="age" value="21"/>
<interp inst="def1-136-18610107" type="surname" value="JENNINGS"/>
<interp inst="def1-136-18610107" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN JENNINGS</hi> (21)</persName>
<rs id="t18610107-136-offence-1" type="offenceDescription">
<interp inst="t18610107-136-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18610107-136-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin; to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18610107-136-verdict-1" type="verdictDescription">
<interp inst="t18610107-136-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610107-136-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18610107-136-punishment-20" type="punishmentDescription">
<interp inst="t18610107-136-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18610107-136-punishment-20" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-136-18610107 t18610107-136-punishment-20"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18610107-137">
<interp inst="t18610107-137" type="uri" value="sessionsPapers/18610107"/>
<interp inst="t18610107-137" type="date" value="18610107"/>
<join result="criminalCharge" id="t18610107-137-charge-1" targOrder="Y" targets="def1-137-18610107 t18610107-137-offence-1 t18610107-137-verdict-1"/>
<p>137.
<persName id="def1-137-18610107" type="defendantName">
<interp inst="def1-137-18610107" type="gender" value="female"/>
<interp inst="def1-137-18610107" type="age" value="36"/>
<interp inst="def1-137-18610107" type="surname" value="JONES"/>
<interp inst="def1-137-18610107" type="given" value="EMILY"/>
<hi rend="largeCaps">EMILY JONES</hi> (36)</persName>
<rs id="t18610107-137-offence-1" type="offenceDescription">
<interp inst="t18610107-137-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18610107-137-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-105" type="witnessName">
<interp inst="t18610107-name-105" type="gender" value="indeterminate"/>
<interp inst="t18610107-name-105" type="surname" value="COOKS"/>
<interp inst="t18610107-name-105" type="given" value="MESSBS"/>MESSBS COOKS</persName> </hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">ELLIS</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-106" type="witnessName">
<interp inst="t18610107-name-106" type="gender" value="female"/>
<interp inst="t18610107-name-106" type="surname" value="CANNON"/>
<interp inst="t18610107-name-106" type="given" value="MARY"/>MARY CANNON</persName> </hi>. I am servant to Mrs. Sweetlove, who keeps a wardrobe and tobacconist's shop in Great Smith-street, Westminster—on 24th December last, about 7 o'clock, the prisoner came in for the purpose of</p>
<xptr type="pageFacsimile" doc="186101070030"/>
<p>purchasing a cloak—she was asked 3
<hi rend="italic">s</hi>. for it, and she agreed to pay half-a-crown—she put down a florin and 1
<hi rend="italic">s</hi>.—my mistress examined the money, returned the florin to her, and said it was a rank bad one—the prisoner said she had been at work, and it had been given to her in payment—she offered to take it back, and said it was a shame that poor persons should be so robbed—my mistress then gave her back the florin; the shilling was also returned to her, and she left the shop—the shilling was a good one—I followed her and saw her go into a baker's shop—I looked through the window—she asked for a half-quartern loaf—I saw the person weigh out the loaf, and saw the prisoner put down the 2
<hi rend="italic">s</hi>. piece—it was returned to her—she left that shop, and I followed her and saw her go into another shop, and after that into another—all the shops were near one another—I followed her to Mr. Deakin's in Great Peter-street—I afterwards went in and spoke to Mr. Deakin.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Did I buy a loaf at the baker's shop?
<hi rend="italic">A.</hi> I did not see you bring away the loaf—you had one in your basket previously—you did not pay for the loaf; the florin was returned to you—you took the florin and walked out of the shop.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-107" type="witnessName">
<interp inst="t18610107-name-107" type="gender" value="male"/>
<interp inst="t18610107-name-107" type="surname" value="DEAKIN"/>
<interp inst="t18610107-name-107" type="given" value="CHARLES"/>CHARLES DEAKIN</persName> </hi>. I keep an oil-shop at Great Peter-street, West-minster—about 7 o'clock on 24th December, the prisoner came in and asked for two candles—I served her—they came to 5
<hi rend="italic">d</hi>.—she paid me with a counterfeit florin—I told her it was bad, and she said she did not know it—shortly after that, the last witness came in, the prisoner being still there—she told me it was the third or fourth shop she had been into—the prisoner said she was sure she did not know it was bad, and offered then to, pay for the candles—she told me to break the florin up—she did not produce any money to pay for the candles—I bent the florin—I sent for a policeman and gave her in charge, and gave the florin to him—my shop is about two or 300 yards from Mrs. Sweetlove's.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-108" type="witnessName">
<interp inst="t18610107-name-108" type="gender" value="male"/>
<interp inst="t18610107-name-108" type="surname" value="STAPLES"/>
<interp inst="t18610107-name-108" type="given" value="ROBERT"/>ROBERT STAPLES</persName> </hi>. (
<hi rend="italic">Policeman, B</hi> 310). I took the prisoner into custody at Mr. Deakin's—he gave me this florin at the time (
<hi rend="italic">produced</hi>)—the prisoner said she did not know anything about its being bad, she had taken it at the place where she had been at work—she was searched at the station, and a good half-crown was found upon her.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-109" type="witnessName">
<interp inst="t18610107-name-109" type="gender" value="female"/>
<interp inst="t18610107-name-109" type="surname" value="SMITH"/>
<interp inst="t18610107-name-109" type="given" value="MARY"/>MARY SMITH</persName> </hi>. I keep the Marquis of Granby in Castle-street—on Friday, 9th November, the prisoner came there—she asked for a pint of sixpenny ale—my daughter served her—the prisoner gave her a bad florin, and I saw my daughter give it her back again—she bad a half-crown in her hand—my daughter told her it was a bad one—the prisoner said, "Do you think I am a
<hi rend="italic">smasher?</hi>"—she said she did not know it was bad—my daughter asked her for the good half-crown, and she said it would not do—the beer was taken from her, and she went away—I followed her and saw her go into another public-house, called the Princess Victoria—when she came out, I went in and spoke to the landlord.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-110" type="witnessName">
<interp inst="t18610107-name-110" type="gender" value="male"/>
<interp inst="t18610107-name-110" type="surname" value="BATEMAN"/>
<interp inst="t18610107-name-110" type="given" value="FRANCIS"/>FRANCIS BATEMAN</persName> </hi>. I am the landlord of the Princess Victoria—on 9th November the prisoner came into my house, and asked for a pint of beer—she gave the barmaid a bad 2
<hi rend="italic">s</hi>. piece in payment in my presence—she put it in the till—there was no other there—she got the change and went away—as soon as she left, the last witness came in, and in consequence of what she said to me, I looked in the till, examined the florin, and found it was a bad one—there was nothing bigger than a sixpence in the till—I then ran after the prisoner, and brought her back—I told her she had given me a bad florin, and that I wanted my change back—she said she had taken it from</p>
<xptr type="pageFacsimile" doc="186101070031"/>
<p>a man from the theatre, he had sent her with it after beer—I sent for a constable, and gave her in custody, and gave the florin to him—I afterwards attended at the Marlborough Police Court—the prisoner was remanded and then discharged.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-111" type="witnessName">
<interp inst="t18610107-name-111" type="gender" value="male"/>
<interp inst="t18610107-name-111" type="surname" value="GREEN"/>
<interp inst="t18610107-name-111" type="given" value="WILLIAM"/>WILLIAM GREEN</persName> </hi> (
<hi rend="italic">Policeman, E</hi> 63). The prisoner was given into my custody by the last witness, and I got from him this counterfeit florin (
<hi rend="italic">produced</hi>)—the prisoner gave me the name of Matilda James—I asked for her address, and she refused to give it—I found a good half-crown on her—she was remanded for a week, and then discharged.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-112" type="witnessName">
<interp inst="t18610107-name-112" type="gender" value="male"/>
<interp inst="t18610107-name-112" type="surname" value="WEBSTER"/>
<interp inst="t18610107-name-112" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are both counterfeit florins, and from the same mould.</p>
<p>
<hi rend="smallCaps">
<rs id="t18610107-137-verdict-1" type="verdictDescription">
<interp inst="t18610107-137-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610107-137-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18610107-137-punishment-21" type="punishmentDescription">
<interp inst="t18610107-137-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18610107-137-punishment-21" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-137-18610107 t18610107-137-punishment-21"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18610107-138">
<interp inst="t18610107-138" type="uri" value="sessionsPapers/18610107"/>
<interp inst="t18610107-138" type="date" value="18610107"/>
<join result="criminalCharge" id="t18610107-138-charge-1" targOrder="Y" targets="def1-138-18610107 t18610107-138-offence-1 t18610107-138-verdict-1"/>
<join result="criminalCharge" id="t18610107-138-charge-2" targOrder="Y" targets="def2-138-18610107 t18610107-138-offence-1 t18610107-138-verdict-2"/>
<p>138.
<persName id="def1-138-18610107" type="defendantName">
<interp inst="def1-138-18610107" type="gender" value="male"/>
<interp inst="def1-138-18610107" type="age" value="61"/>
<interp inst="def1-138-18610107" type="surname" value="CONNOR"/>
<interp inst="def1-138-18610107" type="given" value="SIMON"/>
<hi rend="largeCaps">SIMON CONNOR</hi> (61)</persName>, and
<persName id="def2-138-18610107" type="defendantName">
<interp inst="def2-138-18610107" type="gender" value="female"/>
<interp inst="def2-138-18610107" type="age" value="36"/>
<interp inst="def2-138-18610107" type="surname" value="DYER"/>
<interp inst="def2-138-18610107" type="given" value="JANE"/>
<hi rend="largeCaps">JANE DYER</hi> (36)</persName>
<rs id="t18610107-138-offence-1" type="offenceDescription">
<interp inst="t18610107-138-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18610107-138-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin, having other counterfeit coin in their possession.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. COOKE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">G. ELLIS</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-115" type="witnessName">
<interp inst="t18610107-name-115" type="gender" value="male"/>
<interp inst="t18610107-name-115" type="surname" value="LEESON"/>
<interp inst="t18610107-name-115" type="given" value="HENRY"/>HENRY LEESON</persName> </hi>. I am barman at the Queen's Head, Marsham-street, Westminster—on Saturday, 22d December, between 5 and 6 in the evening, the two prisoners and two other men came in there—one of them called for a pot of porter—the female prisoner paid for it with a good fourpenny piece—the porter was drunk by three of them, and the other one had a glass of ale—they all left in company—they had been gone about half an hour, when Dyer came back alone—she called for half a quartern of gin—I served it—it came to 2 1/4
<hi rend="italic">d</hi>.—she gave me a bad shilling—I told her it was bad—she said, "I don't think it is, try it in the detector"—I said I was sure it was bad, and asked where she got it—she said, "I might have got it here when I was here before"—I said, "You did not have it here, because you paid me with a fourpenny bit, so that you had no change"—she said, "Give it me back," and I said I would not—she was then going to drink the gin, and I said, "Don't drink the gin, you have not paid for it"—she then said, "I will pay the gin down," and put a farthing on the counter, and picked it up again—she opened her right hand, and I saw another shilling in her hand—upon that I sent for my master, and a policeman was sent for—my master went round the counter to detain her—just after that, and before the policeman came, the other prisoner came into the public-house, and Dyer said, "Here is my husband; let me go and speak to him"—my master said, "If he wants to see you, let him come here"—as the constable came in, I saw the man go up towards the woman—when he did so, she turned round with her back to him, and I noticed her putting her hands behind her—his face was towards her back, and his hand held out—I went between them, and touched the back of the woman's hand, and a glove dropped out from her hand into mine—upon that my master said to the policeman, "Look out, she is passing something to that man behind"—I said, "She has made a mistake, for she has given it to me"—the constable then took her to the station, and I followed with the had shilling, and the glove with something in it—I did not open the glove till I got to the station and then I found sixteen counterfeit shillings and a half-crown in it—they were taken possession of by the constable, and I gave him the had shilling I bad taken from the female prisoner—the male prisoner came to the station while I was there—I heard the inspector say to him, "What relation are you to this woman?"—he said, "She is my wife"—he was then detained—I have no doubt of his being the man who was in the public-house.</p>
<p>
<hi rend="italic">Dyer.</hi> Did I not give the glove without turning my back?
<hi rend="italic">A.</hi> No—you did not say anything about picking up the glove at the other part of the bar—I had seen you there before.</p>
<xptr type="pageFacsimile" doc="186101070032"/>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-116" type="witnessName">
<interp inst="t18610107-name-116" type="gender" value="male"/>
<interp inst="t18610107-name-116" type="surname" value="PARKIN"/>
<interp inst="t18610107-name-116" type="given" value="WILLIAM"/>WILLIAM PARKIN</persName> </hi> (
<hi rend="italic">Policeman, B</hi> 313). I was sent for to the Queen's Head on 22d December—I found both of the prisoners there—the man was on the left of the woman, a little behind her—she had her back to him—he was facing her back, and I saw her put her left hand behind her with something in it, and I saw the man's arm go behind her, but could not see his hand—I saw his arm move, and saw something dark in the woman's hand—the landlord shouted out, "She is putting something behind her," and Lesson shouted out, "I have got it," or something like that, and held up a glove—I took the woman to the station—the man came there in about a quarter of an hour—I heard him say the woman was his wife—this is the glove with the sixteen shillings and a counterfeit half-crown (
<hi rend="italic">produced</hi>)—I found ten of the shillings wrapped up in separate pieces of paper, and six more wrapped up in another long piece of paper separately—the half-crown was wrapped up in a paper by itself—this is the bad shilling that was given to me by Lesson (
<hi rend="italic">produced</hi>)—after the male prisoner said that the woman was his wife, the inspector ordered him to be detained, and directed me to lock him up—while I was locking him up he denied all knowledge of the woman, and said he had not been at the Queen's Head—I said he was the man I did see there—I searched him and found a florin, 3
<hi rend="italic">s</hi>., a 6
<hi rend="italic">d</hi>., and 7
<hi rend="italic">d</hi>. in copper, all good money—2 1/4
<hi rend="italic">d</hi>. was found on the woman.</p>
<p>
<hi rend="italic">Connor. Q.</hi> Why did you not take me in custody when you saw me attempting to take the glove at the Queen's Head?
<hi rend="italic">A.</hi> The woman refused to go to the station, and it was as much as I could do to take her—there were a great many people there—you had some sausages in your hand, I believe.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-117" type="witnessName">
<interp inst="t18610107-name-117" type="gender" value="male"/>
<interp inst="t18610107-name-117" type="surname" value="EASON"/>
<interp inst="t18610107-name-117" type="given" value="GEORGE"/>GEORGE EASON</persName> </hi>. I am landlord of the Queen's Head—I was there when this woman was at the bar, and when the barman caught hold of a glove—Connor is the man who came in, he had some sausages in his right hand.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-118" type="witnessName">
<interp inst="t18610107-name-118" type="gender" value="male"/>
<interp inst="t18610107-name-118" type="surname" value="WEBSTER"/>
<interp inst="t18610107-name-118" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This shilling is counterfeit—ten of the shillings are wrapped up in folded paper as they always are to keep, them from rubbing—these have never been in circulation—they come direct from the coiner's as they are here—all the coins found in the glove are bad, and four from the same mould—the half-crown is counterfeit.</p>
<p>
<hi rend="italic">The prisoner Connor put in a written defence stating that he met two men and the woman, went into a public-house with them and had some beer, which the paid for, then he left' them and returned soon afterwards and found the woman in custody, and followed her to the station, where he was detained.</hi> </p>
<p>
<hi rend="italic">Dyer's Defence.</hi> I know nothing about it, whether I had the bad money or not.</p>
<p>
<hi rend="largeCaps">CONNOR</hi>
<hi rend="smallCaps">
<rs id="t18610107-138-verdict-1" type="verdictDescription">
<interp inst="t18610107-138-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610107-138-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.**</p>
<p>
<hi rend="largeCaps">DYER</hi>
<hi rend="smallCaps">
<rs id="t18610107-138-verdict-2" type="verdictDescription">
<interp inst="t18610107-138-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18610107-138-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.**</p>
<p>
<hi rend="italic">
<rs id="t18610107-138-punishment-22" type="punishmentDescription">
<interp inst="t18610107-138-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18610107-138-punishment-22" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-138-18610107 t18610107-138-punishment-22"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-138-18610107 t18610107-138-punishment-22"/>Confined Eighteen Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18610107-139">
<interp inst="t18610107-139" type="uri" value="sessionsPapers/18610107"/>
<interp inst="t18610107-139" type="date" value="18610107"/>
<join result="criminalCharge" id="t18610107-139-charge-1" targOrder="Y" targets="def1-139-18610107 t18610107-139-offence-1 t18610107-139-verdict-1"/>
<p>139.
<persName id="def1-139-18610107" type="defendantName">
<interp inst="def1-139-18610107" type="gender" value="male"/>
<interp inst="def1-139-18610107" type="age" value="19"/>
<interp inst="def1-139-18610107" type="surname" value="KIRBY"/>
<interp inst="def1-139-18610107" type="given" value="FRANCIS ROBERT"/>
<hi rend="largeCaps">FRANCIS ROBERT KIRBY</hi> (19)</persName>, was indicted
<rs id="t18610107-139-offence-1" type="offenceDescription">
<interp inst="t18610107-139-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18610107-139-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<p>
<hi rend="smallCaps">MR. G. ELLIS</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-120" type="witnessName">
<interp inst="t18610107-name-120" type="gender" value="female"/>
<interp inst="t18610107-name-120" type="surname" value="KEEN"/>
<interp inst="t18610107-name-120" type="given" value="SUSANNAH"/>SUSANNAH KEEN</persName> </hi>. My husband keeps a tobacconist's shop in College-street North, Camden-town—on 22d December last, about half past 5 in the evening, the prisoner came in and asked for half an ounce of bird's-eye—I served him—it came to 2
<hi rend="italic">d</hi>. and he paid me with a florin—I noticed it was a bad one and bent it—I told him it was bad, and he said it was a bad job—he paid me with a good shilling and I gave him back the florin—he tried to straighten it with his teeth—I saw him put another florin into his waistcoat pocket—I saw it was bad—he then left the shop with the florin he had given me in his hand—I afterwards spoke to David</p>
<xptr type="pageFacsimile" doc="186101070033"/>
<p>Pratt, who lives next door to me, and pointed out the prisoner to him—he went after him—a police-sergeant brought him back to me, and showed me a bad florin—it was the same florin that I had bent.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> When I gave you the florin you gave me 10
<hi rend="italic">d</hi>. change first, before you said anything about the money being bad?
<hi rend="italic">A.</hi> Yes, and then I tried it with my teeth—I went to a cupboard behind to get a shilling to make the change.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Where did he take the other coin from, that he put in his pocket?
<hi rend="italic">A.</hi> I did not notice.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-121" type="witnessName">
<interp inst="t18610107-name-121" type="gender" value="male"/>
<interp inst="t18610107-name-121" type="surname" value="PRATT"/>
<interp inst="t18610107-name-121" type="given" value="DAVID"/>DAVID PRATT</persName> </hi>. I live at 25, College-street North—on 22d December, in consequence of something the last witness told me, I followed the prisoner and spoke to a policeman, who took him in charge—I saw him take hold of the prisoner's hand, and then from his hand the prisoner dropped a two-shilling piece, sixpence, and a farthing, that was all I saw—I picked up the florin, after I came back with a light—I was about a minute fetching the light—I gave the florin to the policeman.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-122" type="witnessName">
<interp inst="t18610107-name-122" type="gender" value="male"/>
<interp inst="t18610107-name-122" type="surname" value="HILL"/>
<interp inst="t18610107-name-122" type="given" value="WILLIAM"/>WILLIAM HILL</persName> </hi> (
<hi rend="italic">Policeman, S</hi> 39). In consequence of what Pratt said to me, I took the prisoner into custody—I asked him what he had done with a two-shilling piece which he had tendered at a tobacconist's shop in College-street—he said, "I don't know what you mean"—I then caught hold of his right hand, and took from it a two-shilling piece, a half-crown, one shilling, and sixpence in coppers—the florin was bad and the others were good—this is the florin (
<hi rend="italic">produced</hi>)—I was going to search his left hand pocket after I had searched his right, and he immediately took his right hand out of his right pocket, and as I caught it, something dropped on the pavement—Pratt picked up sixpence and a farthing, and I picked up a penny—I said, "There was something else dropped," and directed Pratt to go for a candle—he came back and picked up this florin (
<hi rend="italic">produced</hi>)—I said to the prisoner, "This is a case, it is no use to tell me you did not tender the florin"—he said, "I did; I got it in change for a sovereign, but where I got the sovereign changed I can't say"—I showed one of the florins to Mrs. Keen after that, and she identified it as the one that had been tendered to her.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Will you swear that I said at the beginning that I did not tender the florin to Mrs. Keen?
<hi rend="italic">A.</hi> You said you did not know what I meant—the money did not roll out of my hand—the dropping of the money from your hand was not accidental—I could not find anything about your character—you referred me to Mr. Burton, 8, Greek-street, Soho—I went there, and they did not know you—I asked if Francis Robert Kirby had been working there—they said, No, he did not work there—I said, "Has he been working here?" and they said "No"—I went to your lodgings in White Lion-street and made enquiries—I went to Rymer's in Nassau-street, and you had been working there; you had left some two months before—I found that you told me properly about Mr. Rymer in Nassau-street—I had no opportunity of speaking to you at the police-court—you said you had re
<lb/>ceived a sovereign from Mr. Rymer—I went to Mr. Rymer's to ascertain if that was true—I did not see Mr. Rymer, but I saw another man, and he said he did not know whether it was so or not—I gave a description of you at the lodging-house—I saw the landlady—I asked her whether she knew anything about your being there and buying some boots of a man, and she said, "No."</p>
<p>
<hi rend="smallCaps">MR. ELLIS</hi>.
<hi rend="italic">Q.</hi> I understand that he told you he had got the change for the sovereign?
<hi rend="italic">A.</hi> Yes, but said he did not know where he got it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-123" type="witnessName">
<interp inst="t18610107-name-123" type="gender" value="male"/>
<interp inst="t18610107-name-123" type="surname" value="WEBSTER"/>
<interp inst="t18610107-name-123" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These coins are both bad.</p>
<xptr type="pageFacsimile" doc="186101070034"/>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I have been getting my living honestly. I have been living at Mr. Barton's for some months, and I left of my own accord; a friend of my father's when he went to Australia, left 10
<hi rend="italic">l</hi>. between my brother and myself; my brother, who is ill, has had 5
<hi rend="italic">l</hi>., and I have had 2
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. Mr. Rymer pays it to us; if the policeman had gene the proper way to work I should have got a good character; they seem to have pressed the case as much as they could against me.</p>
<p>
<hi rend="smallCaps">
<rs id="t18610107-139-verdict-1" type="verdictDescription">
<interp inst="t18610107-139-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18610107-139-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18610107-140">
<interp inst="t18610107-140" type="uri" value="sessionsPapers/18610107"/>
<interp inst="t18610107-140" type="date" value="18610107"/>
<join result="criminalCharge" id="t18610107-140-charge-1" targOrder="Y" targets="def1-140-18610107 t18610107-140-offence-1 t18610107-140-verdict-1"/>
<p>140.
<persName id="def1-140-18610107" type="defendantName">
<interp inst="def1-140-18610107" type="gender" value="female"/>
<interp inst="def1-140-18610107" type="age" value="36"/>
<interp inst="def1-140-18610107" type="surname" value="MUDIE"/>
<interp inst="def1-140-18610107" type="given" value="CATHERINE"/>
<hi rend="largeCaps">CATHERINE MUDIE</hi> (36)</persName>, was indicted
<rs id="t18610107-140-offence-1" type="offenceDescription">
<interp inst="t18610107-140-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18610107-140-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence; to which she</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18610107-140-verdict-1" type="verdictDescription">
<interp inst="t18610107-140-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610107-140-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18610107-140-punishment-23" type="punishmentDescription">
<interp inst="t18610107-140-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18610107-140-punishment-23" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-140-18610107 t18610107-140-punishment-23"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18610107-141">
<interp inst="t18610107-141" type="uri" value="sessionsPapers/18610107"/>
<interp inst="t18610107-141" type="date" value="18610107"/>
<join result="criminalCharge" id="t18610107-141-charge-1" targOrder="Y" targets="def1-141-18610107 t18610107-141-offence-1 t18610107-141-verdict-1"/>
<join result="criminalCharge" id="t18610107-141-charge-2" targOrder="Y" targets="def2-141-18610107 t18610107-141-offence-1 t18610107-141-verdict-1"/>
<join result="criminalCharge" id="t18610107-141-charge-3" targOrder="Y" targets="def3-141-18610107 t18610107-141-offence-1 t18610107-141-verdict-1"/>
<p>141.
<persName id="def1-141-18610107" type="defendantName">
<interp inst="def1-141-18610107" type="gender" value="female"/>
<interp inst="def1-141-18610107" type="age" value="12"/>
<interp inst="def1-141-18610107" type="surname" value="TREADWELL"/>
<interp inst="def1-141-18610107" type="given" value="SARAH"/>
<hi rend="largeCaps">SARAH TREADWELL</hi> (12)</persName>,
<persName id="def2-141-18610107" type="defendantName">
<interp inst="def2-141-18610107" type="gender" value="female"/>
<interp inst="def2-141-18610107" type="age" value="12"/>
<interp inst="def2-141-18610107" type="surname" value="WALDEN"/>
<interp inst="def2-141-18610107" type="given" value="EMMA"/>
<hi rend="largeCaps">EMMA WALDEN</hi> (12)</persName>, and
<persName id="def3-141-18610107" type="defendantName">
<interp inst="def3-141-18610107" type="gender" value="female"/>
<interp inst="def3-141-18610107" type="age" value="9"/>
<interp inst="def3-141-18610107" type="surname" value="BURKE"/>
<interp inst="def3-141-18610107" type="given" value="ANN"/>
<hi rend="largeCaps">ANN BURKE</hi> (9)</persName>
<rs id="t18610107-141-offence-1" type="offenceDescription">
<interp inst="t18610107-141-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18610107-141-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing divers monies, value 1
<hi rend="italic">s</hi>. 6 1/2
<hi rend="italic">d</hi>., from the person of
<persName id="t18610107-name-128" type="victimName">
<interp inst="t18610107-name-128" type="gender" value="female"/>
<interp inst="t18610107-name-128" type="surname" value="LILLESEN"/>
<interp inst="t18610107-name-128" type="given" value="MARY"/>
<join result="offenceVictim" targOrder="Y" targets="t18610107-141-offence-1 t18610107-name-128"/>Mary Lillesen</persName>, Emma Waldenhaving been previously convicted of felony, to which they</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18610107-141-verdict-1" type="verdictDescription">
<interp inst="t18610107-141-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610107-141-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.</p>
<p>
<hi rend="largeCaps">TREADWELL</hi>*</p>
<p>
<hi rend="largeCaps">WALDEN</hi>*</p>
<p>
<hi rend="largeCaps">BURKE</hi>*</p>
<p>
<hi rend="italic">
<rs id="t18610107-141-punishment-24" type="punishmentDescription">
<interp inst="t18610107-141-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t18610107-141-punishment-24" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-141-18610107 t18610107-141-punishment-24"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-141-18610107 t18610107-141-punishment-24"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-141-18610107 t18610107-141-punishment-24"/>Confined Six Months each</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18610107-142">
<interp inst="t18610107-142" type="uri" value="sessionsPapers/18610107"/>
<interp inst="t18610107-142" type="date" value="18610107"/>
<join result="criminalCharge" id="t18610107-142-charge-1" targOrder="Y" targets="def1-142-18610107 t18610107-142-offence-1 t18610107-142-verdict-1"/>
<p>142.
<persName id="def1-142-18610107" type="defendantName">
<interp inst="def1-142-18610107" type="gender" value="male"/>
<interp inst="def1-142-18610107" type="age" value="27"/>
<interp inst="def1-142-18610107" type="surname" value="MATHIE"/>
<interp inst="def1-142-18610107" type="given" value="WALTER SCOTT"/>
<hi rend="largeCaps">WALTER SCOTT MATHIE</hi> (27)</persName>
<rs id="t18610107-142-offence-1" type="offenceDescription">
<interp inst="t18610107-142-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18610107-142-offence-1" type="offenceSubcategory" value="forgery"/>, Forging a receipt for 116
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>., with intent to defraud, and also stealing 7 bills of exchange for 100
<hi rend="italic">l</hi>., to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18610107-142-verdict-1" type="verdictDescription">
<interp inst="t18610107-142-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610107-142-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY .—</rs>
<rs id="t18610107-142-punishment-25" type="punishmentDescription">
<interp inst="t18610107-142-punishment-25" type="punishmentCategory" value="noPunish"/>
<interp inst="t18610107-142-punishment-25" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-142-18610107 t18610107-142-punishment-25"/>
<hi rend="italic">Judgment Respited.</hi> </rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18610107-143">
<interp inst="t18610107-143" type="uri" value="sessionsPapers/18610107"/>
<interp inst="t18610107-143" type="date" value="18610107"/>
<join result="criminalCharge" id="t18610107-143-charge-1" targOrder="Y" targets="def1-143-18610107 t18610107-143-offence-1 t18610107-143-verdict-1"/>
<p>143.
<persName id="def1-143-18610107" type="defendantName">
<interp inst="def1-143-18610107" type="gender" value="male"/>
<interp inst="def1-143-18610107" type="age" value="16"/>
<interp inst="def1-143-18610107" type="surname" value="BAKER"/>
<interp inst="def1-143-18610107" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM BAKER</hi> (16)</persName>
<rs id="t18610107-143-offence-1" type="offenceDescription">
<interp inst="t18610107-143-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18610107-143-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, Stealing 6 orders for the payment of 18
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>., 6
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>., 6
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>., 2
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>., 2
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>., and 3
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>., six pieces of paper, and the sum of 21. in money, the property of
<persName id="t18610107-name-131" type="victimName">
<interp inst="t18610107-name-131" type="gender" value="male"/>
<interp inst="t18610107-name-131" type="surname" value="CRADDOCK"/>
<interp inst="t18610107-name-131" type="given" value="JOHN CHASE"/>
<join result="offenceVictim" targOrder="Y" targets="t18610107-143-offence-1 t18610107-name-131"/>>John Chase Craddock</persName> and another, his masters; to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18610107-143-verdict-1" type="verdictDescription">
<interp inst="t18610107-143-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610107-143-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY </rs>
<rs id="t18610107-143-punishment-26" type="punishmentDescription">
<interp inst="t18610107-143-punishment-26" type="punishmentCategory" value="noPunish"/>
<interp inst="t18610107-143-punishment-26" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-143-18610107 t18610107-143-punishment-26"/>
<hi rend="italic">The prosecutor recommended him to mercy, stating that the stolen notes had been changed on each occasion by another person, and not by the prisoner.—Judgment Respited.</hi> </rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18610107-144">
<interp inst="t18610107-144" type="uri" value="sessionsPapers/18610107"/>
<interp inst="t18610107-144" type="date" value="18610107"/>
<join result="criminalCharge" id="t18610107-144-charge-1" targOrder="Y" targets="def1-144-18610107 t18610107-144-offence-1 t18610107-144-verdict-1"/>
<p>144.
<persName id="def1-144-18610107" type="defendantName">
<interp inst="def1-144-18610107" type="gender" value="female"/>
<interp inst="def1-144-18610107" type="age" value="26"/>
<interp inst="def1-144-18610107" type="surname" value="HOLLOWAY"/>
<interp inst="def1-144-18610107" type="given" value="ELIZABETH"/>
<hi rend="largeCaps">ELIZABETH HOLLOWAY</hi> (26)</persName>
<rs id="t18610107-144-offence-1" type="offenceDescription">
<interp inst="t18610107-144-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18610107-144-offence-1" type="offenceSubcategory" value="concealingABirth"/>, Unlawfully endeavouring to conceal the birth of her child.</rs> </p>
<p>
<hi rend="smallCaps">MR. M'DONNELL</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. LEWIS</hi>
<hi rend="italic">the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18610107-144-verdict-1" type="verdictDescription">
<interp inst="t18610107-144-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18610107-144-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, January</hi> 9
<hi rend="italic">th</hi>, 1861.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>—The Rt. Hon. the
<hi rend="largeCaps">LORD MAYOR</hi>; Mr. Justice
<hi rend="smallCaps">BLACKBURN</hi>; Mr. Ald.
<hi rend="smallCaps">COPELAND; SIR FRANCIS GRAHAM MOON</hi>, Bart. Ald; Mr. Ald.</p>
<p>
<hi rend="smallCaps">CONDER</hi>; and Mr.
<hi rend="smallCaps">COMMON SERJEANT</hi>.</p>
<p>
<hi rend="italic">Before Mr. Justice Blackburn.</hi> </p>
<div1 type="trialAccount" id="t18610107-145">
<interp inst="t18610107-145" type="uri" value="sessionsPapers/18610107"/>
<interp inst="t18610107-145" type="date" value="18610107"/>
<join result="criminalCharge" id="t18610107-145-charge-1" targOrder="Y" targets="def1-145-18610107 t18610107-145-offence-1 t18610107-145-verdict-1"/>
<join result="criminalCharge" id="t18610107-145-charge-2" targOrder="Y" targets="def2-145-18610107 t18610107-145-offence-1 t18610107-145-verdict-1"/>
<join result="criminalCharge" id="t18610107-145-charge-3" targOrder="Y" targets="def3-145-18610107 t18610107-145-offence-1 t18610107-145-verdict-1"/>
<p>145.
<persName id="def1-145-18610107" type="defendantName">
<interp inst="def1-145-18610107" type="gender" value="male"/>
<interp inst="def1-145-18610107" type="age" value="30"/>
<interp inst="def1-145-18610107" type="surname" value="POOLE"/>
<interp inst="def1-145-18610107" type="given" value="LEWIS ROBERT"/>
<hi rend="largeCaps">LEWIS ROBERT POOLE</hi> (30)</persName>,
<persName id="def2-145-18610107" type="defendantName">
<interp inst="def2-145-18610107" type="gender" value="male"/>
<interp inst="def2-145-18610107" type="age" value="34"/>
<interp inst="def2-145-18610107" type="surname" value="VENTRIS"/>
<interp inst="def2-145-18610107" type="given" value="FREDERICK WALTER"/>
<hi rend="largeCaps">FREDERICK WALTER VEN
<lb/>TRIS</hi> (34)</persName>, and
<persName id="def3-145-18610107" type="defendantName">
<interp inst="def3-145-18610107" type="gender" value="male"/>
<interp inst="def3-145-18610107" type="age" value="33"/>
<interp inst="def3-145-18610107" type="surname" value="CHAPMAN"/>
<interp inst="def3-145-18610107" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS CHAPMAN</hi> (33)</persName>, were indicted for
<rs id="t18610107-145-offence-1" type="offenceDescription">
<interp inst="t18610107-145-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18610107-145-offence-1" type="offenceSubcategory" value="bankrupcy"/> that the said Lewis Robert Poole, and one Samuel Bryan, having been adjudged bankrupts, they (the prisoners) did afterwards feloniously remove, conceal, and embezzle a portion of the personal estate of the said bankrupts with intent to defraud the creditors.</rs> </p>
<p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>,
<hi rend="italic">with</hi>
<hi rend="smallCaps">MESSRS. HOLL</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">HARRISON</hi>,
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-136" type="witnessName">
<interp inst="t18610107-name-136" type="gender" value="male"/>
<interp inst="t18610107-name-136" type="surname" value="STUBBS"/>
<interp inst="t18610107-name-136" type="given" value="THOMAS EDWARD"/>THOMAS EDWARD STUBBS</persName> </hi>. I am a messenger of the Court of Bankruptcy</p>
<xptr type="pageFacsimile" doc="186101070035"/>
<p>—I produce the proceedings in the bankruptcy of Poole and Bryan—I have the petition here, it is dated 23d August, 1860—the adjudication bears the same date—I have the other proceedings here; the appointment of the assignees, the Statutory declaration of the bankrupt, and the examinations that followed.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BEST</hi> (
<hi rend="italic">with</hi>
<hi rend="smallCaps">MR. POLAND</hi>
<hi rend="italic">for Poole</hi>).
<hi rend="italic">Q.</hi> All the bankruptcy proceedings are in that book, I suppose?
<hi rend="italic">A.</hi> They are.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-137" type="witnessName">
<interp inst="t18610107-name-137" type="gender" value="male"/>
<interp inst="t18610107-name-137" type="surname" value="BEARD"/>
<interp inst="t18610107-name-137" type="given" value="THOMAS"/>THOMAS BEARD</persName> </hi>. I reside at Brinnerton, near Chesterfield—I was in the service of the bankrupts, Poole and Bryan—they carried on business as manufacturers of boots and shoes at Northampton, their warehouse was in Bull Head-lane, Northampton—on 13th August last, the workmen left their service—they were told by Poole not to come till 18th, when they were to come for their money—he told them that on the Saturday night, but it was on the Monday morning, the 13th, when the work people were stopped working—they worked till just before dinner, then they gave over, and did not return after dinner—they did not return till the 18th, when they came for their money—when they went away on the Monday morning, the warehouse was closed for the workmen, excepting Poole, Chapman, myself, Woodford, and Ventris—Ventris was not there on 13th—I and Woodford remained in the ser
<lb/>vice of the bankrupts—on that day, the 13th, I received orders from Mr. Poole (
<hi rend="smallCaps">MR. METCALFE</hi>
<hi rend="italic">here desired to take the opinion of the Court upon the question of jurisdiction, which must arise in this case, as most of the facts to be proved in evidence, occurred at Northampton.</hi>
<hi rend="smallCaps">MR. JUSTICE BLACKBURN</hi>
<hi rend="italic">considered it would be impossible to entertain that question until the close of the case for the pro
<lb/>tecution.</hi>) On 13th Poole ordered Woodford and I to go into the shoe-room of the factory at Northampton, and help him to pack a lot of trunks with boots—they were Wellington boots, and spring-sides, and half Wellingtons as well—we packed ten trunks—Poole then ordered us to load them in the van and to take them to Mr. Pearce's house in Castilian-street, Northampton—Woodford and I took them there and left them—afterwards on the same day I had orders from Poole to go to Earls Barton, that is about seven miles from Northampton—he ordered me to fetch away all the work that the agent, Mr. Stone, had got ready—I went with a van, and took a large hamper, packed a large hamper—I received a large hamper of goods from Mr. Stone at Earls Barton, containing Wellington boots, half Wellingtons and Bluchers, I think—Poole ordered me to take the hamper to Thomas Chapman's at Kingsthorpe when I got it from Stone—I took the hamper to Chapman's, and left it there—Kingsthorpe is near Northampton—Chapman was there when I left the hamper, and he had it put in his coach-house—it was about 8 o'clock in the evening when I got there—I saw Poole at Northampton when I returned with the horse and van—I told him I had taken the hamper to Thomas Chapman' s, and he then told me that he wanted me to go to Lon
<lb/>don the next morning—that would be the 14th August—I went to London—no one went with me—I saw Poole in London; when I got into New Oxford-street I saw him with a gentleman—I returned to Northampton on 15th, between 5 and 6 in the evening—when I got back I went to Mr. Poole's house in George' s-street—I saw Poole, Chapman, and Ventris there—Poole gave me the keys of the factory—Chapman was present, but Ventris was in the parlour—Chapman gave me orders to go to the factory and to pack a lot of trunks, as many as I thought would fill the van—Poole and Chapman were together when I got those directions—Mr. Poole gave me orders to take Woodford with me to assist me—we packed between seven and eight trunks, I can' t say exactly—we packed them at</p>
<xptr type="pageFacsimile" doc="186101070036"/>
<p>the factory with Wellington boots, and Bluchers, and half Wellingtons, and spring sides—Woodford and Poole and Chapman assisted me—after we had packed them, Poole ordered us to load them in the van, and Chapman gave us orders to take them to his house at Kingsthorpe—we took them there—Chapman told us we were not to go on the Kingsthorpe-road, that we were to go on the Kettering-road—Woodford and Poole were present when he told me that—the Kingsthorpe-road is the direct road—I should say it is about three miles to go round by the Kettering-road, and about a mile or a little over by the Kingsthorpe-road.</p>
<p>
<hi rend="smallCaps">THE COURT</hi>.
<hi rend="italic">Q.</hi> Do you mean that the Kingsthorpe-road is three miles altogether, or three miles longer?
<hi rend="italic">A.</hi> It would be about two miles longer than the other road.</p>
<p>
<hi rend="smallCaps">MR. HOLL</hi>.
<hi rend="italic">Q.</hi> About what time was it when you left the factory with those goods?
<hi rend="italic">A.</hi> About 10 o'clock in the evening; we left those goods at Chapman's—he was there when we left them—we saw Poole when we re-turned from Kingsthorpe—we told him we had delivered the goods—on the morning of the following day, Thursday, the 16th, I saw Poole, Chapman, Ventris, and Woodford at the factory—I was ordered to go there—Poole ordered us to go into the shoe-room of the factory to assist him and Chap
<lb/>man in packing some more trunks of goods—we packed twenty trunks on that occasion—Poole, and Chapman, Woodford, myself, and Ventris were present during the time, but Ventris did not assist in packing those trunks—he was present when we were packing them—we were backwards and forwards in the factory up to about 12 o'clock at night—after we had packed them, Poole ordered us to load them in the van, and Chapman gave us orders to take them to his house at Kingsthorpe—we had one van and a light spring cart—we took them to Chapman's at Kingsthorpe—Woodford drove the cart and I drove the van—we left the goods at Chapman's in the coach-house where we put the others—we got there about half-past 12—we had orders to go on the Kingsthorpe-road that night—we saw Chapman at Kingsthorpe when we got there with the goods—we saw Poole on our re
<lb/>turn, at his house—we told him we had delivered the goods at Chapman's—he said, he, and Chapman, and Ventris, were going to London the next day—I did not see them go to London—I was to be at Poole's house that night, when they returned from London—Poole gave me those orders—that was on Friday night,' the 17th—I saw Poole, Chapman, and Ventris that night, between 10 and 11 o'clock, and Poole gave us orders to be at the factory on the next morning, the 18th—I saw Poole on 19th at his house, at 9 o'clock in the morning—he gave us orders to go to Chapman's house, but we were not to go before night—Woodford was with me then—we went about 6 o'clock on that Sunday night—we saw Chapman at his house—he took us into his kitchen and we remained there till 11 that night—Chapman told us that he had taken a barn of one of his neighbours to put his horse in, and said he wanted to put the goods out of his coach-house, into the bam—he did not mention the name of the person from whom he had rented the barn he told me to pick up a trunk and follow him and he would show me where the barn was, and he did show it me—there were about twenty-seven trunks and a hamper—they were all moved to the barn—there were no other parcels of goods, only the trunks and the hamper—I know the gentleman to whom the barn belongs, when I see him again—we left the goods in the barn—we got back to Northampton a little after 2—it took from about 11 till about 2 to move the goods from the coach-house to the barn—we did not see Poole when we got back to Northampton, he was in bed.</p>
<xptr type="pageFacsimile" doc="186101070037"/>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BEST</hi>.
<hi rend="italic">Q.</hi> How long have you been in Poole's employ?
<hi rend="italic">A.</hi> About two years—I used to look after his horses, take work out, and fetch work in; I was pretty good friends with him for what I know—I was no more than a servant—I was in the habit of taking goods to his agents.</p>
<p>
<hi rend="italic">Q.</hi> How do you know the dates at which you took out these articles?
<hi rend="italic">A.</hi> Because I have them down in a pocket-book—I have not got it with me, a gentleman has got it—I am sure I don't know his name—I gave it up at Guildhall—I made the first note in that book on the 13th—no one was present when I made any of those entries, except it was my family at home—I have not made any other entry of any other things I ever took out for the prisoner—I made that because I thought it was my duty to do so—I thought it was rather a rum time of night for a servant to shift away things as I was ordered to shift—it was after dinner on the 13th that I shifted them—I am speaking of the other times at night—there was nothing extraordinary on the Monday that made me put it down—I am quite sure I put it down at the time—I put the second down on the 14th—I made the note at night in London—I took my book with me—no one was present when I made it—I made the next on the 15th, at my own house—my wife was present—I did not say anything to her at the time I put it down—she did not ask me what I was doing—I don't think she ever saw me put down things before; she might have done—the next one would be on 16th—I can't exactly tell you how long it is since I saw this book—this is it (
<hi rend="italic">produced</hi>)—I should think it must be getting on for two months since I saw it—I can remember the next day, it was the 17th, and the next day 18th, the next 19th, the next 20th—there was no more—I have never given to Mr. Dawson a dif
<lb/>ferent account of the day on which I removed these goods—I am certain of that—I went to Mr. Dawson's office—I can't tell on what date—Poole, and his father, and Dawson were there—a man of the name of Jameson was not there—Mr. Dawson asked me some questions about removing away the goods—I replied to some of them—I signed my name to something—this (
<hi rend="italic">looking at a paper</hi>) is not my signature—it is my name, but it is not my writing—I am certain of that—I have not sworn before that it was my writing—I mean positively to swear it is not my writing, and that I stick to—I am quite sure about it—the signature at the bottom is my writing.</p>
<p>
<hi rend="italic">Q.</hi> Did you never give the following statement to Mr. Dawson in language, "I have been in the employ of Messrs. Poole and Co. as carter; "that you admit, I suppose?
<hi rend="italic">A.</hi> It never was put to me; not even that question—I did not say this to Mr. Dawson, "I have been in the employ of Messrs. Poole and Co., as carter, and was so up to 18th August last:" nor this, "I recollect on 11th July last, receiving orders from Mr. Poole to convey some trunks from the warehouse to Mr. Chapman's, at Kingsthorpe"—I never said, "I remember on the forenoon of that day seeing a gentleman, I believe Mr. Cooke, of Walsall"—I never said "in conversation with Mr. Poole"—I never said, "And I under
<lb/>stood at the time that he was purchasing a large quantity of shoes"—I never said, "I loaded a van with the trunks and conveyed them to Kingsthorpe,"—I told Mr. Dawson I took some things to Kingsthorpe, but I did not say in July—I did not say, "I delivered them up to Mr. Chapman and Mr. Chapman signed a receipt which I handed to Mr. Poole:" nor did I say, "I did not count the number of trunks, but I think there were about twenty-six"—I mentioned the hamper, I think; I think there was a hamper mentioned—I never said, "There were in all three loads '—I never told him how I took them—I did not say, "The last load left about</p>
<xptr type="pageFacsimile" doc="186101070038"/>
<p>half-past 6"—I never said a word about time, I am quite sure—I remember being before the Magistrate—I am sure I do not know whether Mr. Dawson was taken into custody in consequence of the questions you then asked me—I mean to say that I do not know that—I left Mr. Poole's employ on 20th August—I staid in Northampton till 1st October, and then I went down to Walsall—I left Northampton, because of a situation that Poole and Chapman got me, in the employ of Mr. Cooke—I was engaged to look after his horse—I had not been committing an assault on a person of the name of Newton before I left Northampton—I came back to Northampton on 4th October—I have been summoned for an assault on Mr. Derby—I think that summons was before I left Northampton—I did not go away from Northampton in consequence of that—I do not know whether Derby is a brother-in-law of Mr. Newton's—Poole and Chapman got me the situation to go to Mr. Cooke's; I went there and staid till 3d October, when I came to Birmingham—I left because I had not sufficient—I had no money with me to get a competency for my wife and family—Mr. Cooke did not discharge me, I discharged myself—I could not go to work when I had no food for myself and family, and no money with me—the work I had to do was to look after the horse and do the work—how could I begin to work when I had not a farthing in my pocket, and a wife and four children to keep?—I asked Mr. Cooke for what Poole and Chapman wrote to him to advance me—Chapman and Poole wrote two letters; they told me they had written to Cooke to advance me a few pounds so as to give my wife and family a start when I got to Walsall—I went on 1st October but did not see Mr. Cooke till 3d—I delivered a letter that Chapman gave me to him, and told him what Chapman and Poole had told me about writing the letters; he told me that was all nonsense, he should not advance me anything of the kind, and I could not begin to work because I had no home or money—I went away because my furniture and things were at Northampton, and Poole was to send them after me.</p>
<p>
<hi rend="italic">Q.</hi> You did not feel very well disposed towards Mr. Cooke in consequence of that, I suppose 1
<hi rend="italic">A.</hi> I did not feel anything about Mr. Cooke—I did not stay because I had no things or furniture—I went to Birmingham and I staid there that night—I had an aunt at Birmingham—it is no more than eight or nine miles to Birmingham—I walked there—I got back to Northampton on Thursday, 4th October, I think—I did not see Poole after that at all to my knowledge—I think I next saw him in the Court—I never saw him to have anything at all to say to him—I was offended with him as far as this, that I thought it was a rascally thing to throw me and my family adrift and break up my home, to send me away to a situation, and then when I got to Walsall to have no home or anything—I have never said I would make Poole pay for it, I am certain of that—I know Burnell he is a chimney sweeper at Northampton—he began to fight with me—I never said to him, if I did not get 20
<hi rend="italic">l</hi>. out of Poole it would be the worse for him, or any one else, I am quite sure of that—I never said to Burnell I would make Poole pay for this, nor anything of the sort"—I never made any threat of that sort to any one.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi> (
<hi rend="italic">With</hi>
<hi rend="smallCaps">MR. PALMER</hi>
<hi rend="italic">for Ventris</hi>).
<hi rend="italic">Q.</hi> On Saturday, 18th, did you see Ventris paying the work people?
<hi rend="italic">A.</hi> I did—there were a great number of work people to be paid—the payment commenced about 10 o'clock and did not finish till between 4 and 5, I should say, it was not so late as 7—as far as I understood, Mr. Pearce gave a cheque for the money, but I did not see him give it—Ventris went to Mr.</p>
<xptr type="pageFacsimile" doc="186101070039"/>
<p>Pearce's office but I did not go with him; Woodford went to show him where it was—there were some bales of leather sold or exchanged or some
<lb/>thing to get money to pay the work people—Ventris went to Mr. Pearce's after dinner, but I am sure I cannot tell you exactly what time it was—he went to the office after we had taken the two bales of leather—Mr. Pearce is an auctioneer at Northampton.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ORRIDGE</hi> (
<hi rend="italic">with</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>
<hi rend="italic">for Chapman</hi>).
<hi rend="italic">Q.</hi> How long have you known Chapman?
<hi rend="italic">A.</hi> I should say better than a year—I do not live near him—he lives about a mile from my residence, or it may be a little more—I did not know that he was agent to Mr. Cooke of Walsall—I never heard that before—I have heard it in the statements that have been made—I did not know that he was agent to Mr. Cooke, for I did not know any
<lb/>thing about Mr. Chapman's affairs, or Cooke's either—I believe Chapman was a cripple for some time—he had broken his leg—he went backwards and forwards in his carriage—I have seen him riding backwards and forwards, and I have seen him with a crutch a time or two—the last time I saw him at Poole's factory was on 18th August—I have seen him often since then—I have seen him with Poole many times walking in the street—I have seen them a time or two playing cricket together—I did not remain with Mr. Cooke at Walsall more than twenty minutes at the outside, if I remained that—I believe Mr. Cooke is a currier—I know a person of the name of William Burnell, a chimney sweeper—I know about 18th August when I and Woodford and Ventris removed a lot of bags of leather for Poole, that was the time we took the last load—I did not take a bag of leather to my own house on 20th August or 21st—I swear I never took a bag of leather to my house—I never asked Burnell if he would buy some offal leather of me; it is not likely I should ask a man like that—I never said anything about the leather to him—I never said anything to him about the bailiffs, that they would have it, and that I must make what I could—there is not a word of truth in that—I never said such a thing to him—I never told Burnell that the things I had taken to Chapman's at Kingsthorpe I had taken weeks before the failure—I never had a word with him about it—I never told him that I had taken them to Chapman's as agent to Mr. Cooke—Mr. Poole kept a gig and two or three traps—he had some lamps to the traps—I used to clean them—I know about an old pair of lamps; they are at Northampton now, at Mr. Fox's, in Bay wood-street—I and Woodford took them there; we sold them—Mr. Poole gave them to us—they were a pair of old lamps that were about, and Mr. Poole told us we might as well make a drop of beer of them as let Chapman take them, because if we did not take them Chapman would—we sold them to a man of the name of Fox—I do not know whether it was 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. or 10
<hi rend="italic">s</hi>. we got for them—I should not know the lamps again if I was to see them—I have been in Poole's service about two years—I attended to the traps for about a twelvemonth, I should say—I mean to say I should not know the lamps belonging to the trap again—we got 10
<hi rend="italic">s</hi>. for the pair—I never had any other pair—we had only two pair of lamps—I think you will find that the other pair was sent with a dog-cart to a carriage builder named Davis, at Northampton, on the Satur
<lb/>day when he was telling his men he should not be able to keep them on any more—Poole did not ask me about those lamps—he did not speak to me about the first pair; the pair we sold to Fox—I never told Mr. Poole that a man named Johnson had had them—I know Johnson; he is father-in-law to Mr. Poole's housekeeper or lady, whatever you may call her; you can't call her his housekeeper exactly—I have not lived in Mr. Poole's house, but</p>
<xptr type="pageFacsimile" doc="186101070040"/>
<p>I have sisters who have lived there as servants to Mr. Poole—I should say one sister lived there six or seven months, it may be more or less—I have nothing else I should like to say about the housekeeper; what I have said I can prove—I think I know Mr. Saunders—he lives in the horse market and has repaired Mr. Poole's things when they broke—I never offered a pair of lamps for sale to Mr. Saunders—I know something about some curtains—I know that Mr. Chapman took them—I had no curtains—I never took any curtains from Poole—I never took any property belonging to Mr. Poole to my house, only the lamps, and those he gave me—I do not know whether those (
<hi rend="italic">produced</hi>) are the curtains, but they are the same colour—Woodford's wife made the curtains for the office—I never took them from the office—I don't know a Mr. Lane; I never heard the name before—I remember the All England Cricket Match being played at Northampton on 22d September—I did not on that day go to any public-house and leave a pair of curtains—I never had the curtains, because Chapman took good care I did not have them—he took the curtains and the weighing scales, and writing paper, and every little thing he could set his hands on—we had not a chance of getting anything, they looked too sharp after us—I do not know a person of the name of Fainson, a pawnbroker of 26, Mayor Hill, Northampton—I do not know any pawn
<lb/>broker of that name—this is my book (
<hi rend="italic">produced</hi>)—I bought it in 1859—I am certain of that—I do not remember what day or what time—I cannot tell you what part of the year it was in, or in what month, but I know it was in 1859—I bought it at Northampton—I cannot tell you the shop—I bought it for my own proper use—I began to use it on 13th August—the other things have been done some time—the first entry I made in the book was on 13th—there are very few entries in it—there are some other things down which have nothing at all to do with the affair—I put this down in August, and this was put down in August, and I put the other down in September, the 22d, when Poole came to me about my situation with Cooke—the 13th of August was the first time I made any entry in the book—I kept the book at home at my house—these entries were not all made at the same time: they were all made at separate times, that I swear, on different days—I know a person of the name of Holmes, who lives next door to me—I do not know her Christian name—I only know her as Holmes—I do not know whether Kate Holmes is the daughter of the person—I do not know a person of the name of Bates, in the Drapery, Northampton—I do not know whether there is a bookseller's or a stationer's in the Drapery—I know very few persons at Northampton—I did not in September last send my daughter to purchase a book in Northampton, because I have not a child old enough to go and purchase a book—I never sent anyone with her—my child is about six years old—I never sent her with Kate Holmes—I know what became of the office furniture—I have two chairs of the office furniture—Ventris and Chapman had the office clocks, at least Chapman had the office clock, and Ventris the clock up stairs—I packed them for them—I packed Mr. Ventris's in his trunk that he had taken to Kingsthorpe, and Mr. Chapman had the other clock out of the office on the Thursday—I know Lines, another chimney
<lb/>sweeper, he lives close by—I never sold him a clock in my life—I have not dealt in leather on my own account at Northampton—I know very little about leather—my proper job is hammering for blacksmiths—I never dealt in leather at all, and never sold any in Northampton in my life.</p>
<p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> How was it you went to Mr. Dawson's office?
<hi rend="italic">A.</hi> Mr. Poole ordered me to go there—Mr. Dawson is a solicitor at Northampton—when I got there I found Poole, his father, and Mr. Dawson</p>
<xptr type="pageFacsimile" doc="186101070041"/>
<p>—Poole's father is the person they call "Captain Pools"—whatever state
<lb/>ment I made, Poole and his father were present when I made it—there were about six or seven trunks, and five bags of loose leather, taken to Pearce's on the 18th—I should think it was between 10 and 11, or from that to 12, when we took the two loads—we took a load at night to Pearce's place, but we did not deliver it there—we delivered it at Poole's house, in the stable belonging to his house—it was after these goods had been delivered at Pearce's, that the wages were paid—there were thirteen bales of leather taken in the morning and delivered to him at his warehouse—I should think it was between 10 and 11, from that to 12, when we had done taking the load: and after dinner Ventris went to the office, and when he returned he began to pay the men their wages—there were no other goods taken to Pearce's after that—some goods were to be taken, but they were not delivered—that was on the same day, after the wages had been paid—it was the work that they took in—I know how it happened that they were not left at Pearce's—Mr. Ventris came to me and Woodford, as I had hold of my horse's head and Woodford was with the van, and told us we were watched, and that we must give the watchers a good chase—that was between 10 and 11 on Saturday night—in consequence of those directions of Ventris, I took the goods back to Mr. Poole's house, 17, George's-street, and Poole had them put into his stable belonging to the house—Poole and Ventris were both there—they were put into the stable.</p>
<p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> When did you first say anything about these transac
<lb/>tions to anybody?
<hi rend="italic">A.</hi> On 8th October—I made the entries in the memo randum-book on 13th August, because I thought it was suspicious—I thought I might be called on some day or other to answer what I had done, and I put the dates down so that I might know—I entered the first removal of the goods—the entry of 13th August was made on that day—these entries were not all made at one time—I swear that this page was not written all at the same time—I wrote them day by day—I was in the service and I thought it nothing but right that I should do so—I did not say on a former occasion that I bought this book expressly to make the entries—I don't think anybody saw me make the entries, except it was my wife—Woodford did not see me make any of the entries: he knew that I had them—I first showed the entries to Mr. Dennis—I told Mr. Dennis of my entries—he is Mr. Newton's solicitor—I had my entries with me when I went to Mr. Dennis on 8th October—I don't know that I showed them to anyone before that—Woodford knew I had the book, and he knew I had the entries down—Woodford and I have not been much together since these transactions—he was working at Leicester, and I am working about eighty miles from him—we were constantly together in removing the goods.</p>
<p>
<hi rend="italic">Q.</hi> Did
<hi rend="smallCaps">MR. DEUNIS</hi> first come to you, or did you first go to him?
<hi rend="italic">A.</hi> We went to him—I and Woodford went together—Woodford might have seen the book—I won't be certain to that—Mr. Newton has not given me any money—he never gave us any—he has not paid a loan for me—I have had a loan from a loan society—Mr. Newton has not paid up that money for me: I owe it now—no one has paid it except the gentleman who stood my security—I have got him to pay it, and I believe he is paying it now—there was a sum
<lb/>mons against me for an assault—Mr. Newton had nothing to do with that—he did not withdraw the summons and pay my debts—I acknowledged I was in fault for what I had done—the summons must have been withdrawn—I did not attend to it—my debts were not paid by Mr. Newton, the debt is owing now—I am certain it was not paid—I do not owe any debts but</p>
<xptr type="pageFacsimile" doc="186101070042"/>
<p>the one—none of my debts were paid after I had given evidence—they have not been paid since—the loan society debt is owing now—I owe it to the man who stood my security—I mean to say that my debts have not been paid off for me since I gave my evidence to Mr. Newton: not any—I will swear that not a word was said about paying my debts—I cannot swear whether they have paid them without saying anything, because they are at Northampton and I am here, 100 miles off—I have not had any claim upon me since that—I will swear that I do not know that anyone has paid my debt, not to my knowledge, it is owing now—I know I owe it to the man who stood my security, he came to me when I was at Northampton—I do not think he knows where I am, where I am working, I not having left any address—I told him as soon as I got in a situation I would pay him, but it has not been in my power to pay him.</p>
<p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> How much was this debt?
<hi rend="italic">A.</hi> It was a 5
<hi rend="italic">l</hi>. loan, which Jameson bought of me for 1
<hi rend="italic">l</hi>.—I received 2
<hi rend="italic">l</hi>. and he had 2
<hi rend="italic">l</hi>.—Jameson signed his name to a paper, that if I did not pay it he would pay it himself—Jameson is not the person who is my security now; it is a gentle
<lb/>man who lives in Bay wood-street—I cannot tell you his name now—he is well known in Baywood-street—I had no connexion with him—I had never spoken to him before—Jameson got me the security—that is the only debt I owe—I had been in Poole's service about two years—before that I worked for the General Steam Navigation Company, in London—I left that on purpose to go to Poole's—I worked there for six or seven years—I had the loan before I left Poole's employment—I paid it until I was out of work and then I was unable to pay it.</p>
<p>
<hi rend="smallCaps">MR. ORRIDGE</hi>.
<hi rend="italic">Q.</hi> Did you, in the latter part of August, burn any letter belonging to the bankrupt?
<hi rend="italic">A.</hi> No; I never did.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-138" type="witnessName">
<interp inst="t18610107-name-138" type="gender" value="male"/>
<interp inst="t18610107-name-138" type="surname" value="WOODFORD"/>
<interp inst="t18610107-name-138" type="given" value="JOHN"/>JOHN WOODFORD</persName> </hi>. I have been living at Leicester lately; but I formerly lived at Northampton—I was in the employ of Messrs. Poole and Bryan, as carpenter—I believe I left on 20th August last—I recollect 13th August last—Mr. Poole gave me some orders on that day—he discharged all the men except me and Beard; and he ordered us to go into the shoe-room to pack a quantity of trunks with boots and shoes—we packed them—we had orders to take them to Mr. Pearce's house, in Castilian-street, Northampton—we took them and left them there—I recollect 15th August—I had orders to go up to Mr. Poole's house on that day—as I was going up I met Beard, and he said he had orders to tell me to go and assist him in packing more trunks with boots and shoes—we packed them—as we were packing them Poole and Chapman came down, and Chapman ordered us to take them to his house at Kingsthorpe—Poole was present when Chapman said that—we took them to Kingsthorpe, but we went a round about way there; not on the regular road—we went up the Wellingborough-road—that is not the Kettering-road—there are two roads, the Wellingborough-road and the Ketter
<lb/>ing-road—we took the goods to Chapman's and left them there; he received them of us—we returned to Northampton that night, and, on our return, we saw Mr. Poole, and told him where we had taken the goods, and he ordered us to be at the factory the next morning—we went there the next morning—I saw Ventris, Poole, and Chapman there, all three together in the office—we received orders from Ventris to burn some papers in the furnace—after we had burnt the papers Poole gave us orders to go in the shoe-room, where we were to assist in packing some more trunks with boots and shoes—we packed a great quantity of trunks—we were all the day about it—in the evening we went to the factory, after we had packed</p>
<xptr type="pageFacsimile" doc="186101070043"/>
<p>them—we had orders, both from Poole and Chapman, to take them to Chapman's house at Kingsthorpe—Ventris was present during the whole of the day—he was in the shoe-room with us whilst we were packing the trunks with boots and shoes—we took them to Kingsthorpe in two loads—Beard drove the van; I drove the cart—that was about 12 o'clock at night; not directly after the packing—we left them at Chapman' s, and Chapman directed us to put them in the coach-house, where we had put the others the evening before—we put them there—I had orders from Ventris, the same night, to take a covered trunk to the Brampton station, directed to his name, somewhere in Islington—that was one that we took to Chapman's with the others—it was one of those packed in the factory, but Ventris brought the goods to pack it with; they were the same sort of goods as the others in the factory—Ventris ordered me to be at Mr. Poole's house early the next morning, and get a horse and cart, and take the covered trunk that we had taken to Chapman that evening, to Brampton station—I took it there—it was directed to London; I was to deliver it to the station-master to send it to London—next morning I took the trunk from Chapman' s, and Chapman went with me to the Brampton station—I gave it to the station-master—Chapman said he was going to London—I did not see Chapman get into the train—I started away before the train came in—on 18th August we took two loads of butts, or bales of leather, to Mr. Pearce' s—it was mid-day when we took the butts—we took some in the evening—after they were packed, Mr. Poole ordered us to take them to Mr. Pearce's warehouse, where we had taken the butts at mid-day—Ventris was there when he gave us the order—we started with the goods—we did not take them to Pearce's, as we were taking them Ventris came to us and told us that we were watched and that we were to give the parties a chase—after that we did not take the goods to Pearce' s—Beard went on with the van; I remained behind—I saw those goods afterwards, at Mr. Poole's private residence in St George's street—Beard and Bellingham drove out with those very goods next Monday morning—on the 19th we went to Chapman' s—we had orders to be there at 6 o'clock in the evening—we remained there till about midnight, when Chapman came and told us that he wanted us to remove those goods that we had brought in the week time, to a neighbour's barn that he had hired to put a horse in—we removed them to this neighbour's barn—they were the same goods that we had taken in the week time—we removed the whole of them.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BEST</hi>.
<hi rend="italic">Q.</hi> I suppose you knew that you were doing wrong all the time you were moving these things?
<hi rend="italic">A.</hi> No, I did not know it was wrong—I first thought it wrong, when I was told in the public streets that I had done wrong—that might have been a fortnight after 19th August—I did not go to any one, and give information about it; because I wanted to see whether I had done wrong or not—I wanted to see Mr. Poole, to see whether I had done wrong or not—I cannot tell the day of the month when I gave information—it might have been the latter end of September or beginning of October; I cannot say which—I had seen Beard several times between 19th August, and the time I gave information—we had talked very little indeed about this—we went together when we gave the information—we went to Mr. Newton—I believe it was Beard that spoke first to him; I do not think I said anything at all to him—I stood by and looked on—I do not think Beard had a book with him—I cannot recollect whether he mentioned the dates to Mr. Newton, of the days which the goods were removed—he told him about the removal of</p>
<xptr type="pageFacsimile" doc="186101070044"/>
<p>goods, but I cannot say whether or not he said the dates at which they were removed—I did not remain at Northampton from the time I left Poole's employ, up to this present time—we were sent up to Mr. Van Sandau—I had remained at Northampton up to the time of my going to Mr. Newton—after that I went to look for work at several places; Leicester for one place—I got employment there—I remained there two or three days—I got employment, and I have been there since—the first time I came up to town was directly after we gave information to Mr. Newton; I think I said about the beginning of October—we were then brought to town, and we then saw Mr. Van Sandau—I cannot say whether the account I gave him, was in exactly the same words that I have given to-day, but it was similar—Beard and myself came to town together—I cannot say whether we talked about it on the road—I saw Poole several times in Northampton, after I left his employ—I had very little conversation with him—I never asked him to give me any money—I was not well off when I left his employ—I am sure I do not know how much money I bad when I left him; not enough to keep me—I worked at my trade—I never asked Poole for any money—I am sure of that—I know a person of the name of Young, of Northampton—he was a shopmate of mine—I never saw Poole when Young was present, that I am aware of—I never had a little quarrel with Poole, in the presence of Young—I am sure that I never said to Poole, in the presence of Young, that unless he came to terms with me, I would play hell with him; I swear that; but Young said that if I did not receive 15
<hi rend="italic">l</hi>. or 20
<hi rend="italic">l</hi>. I should be to blame—I suppose Young had heard the particular circumstances of the case—I do not know now what I said to that—I might have made a remark upon that, but I cannot recollect it—I did not say, "Come, Mr. Poole, I will peach upon you," or anything of that sort, "if you do not come to terms"—10
<hi rend="italic">l</hi>. or 20
<hi rend="italic">l</hi>. would have been very acceptable, but I did not have it—there are several Pearces at Northampton—I know Mr. Pearce, the auctioneer, to whom I took the goods—I never talked to him about the goods that I know of—we went there, because we were abused in the public streets by Poole and Chapman—we told him that as he was a friend of Mr. Poole's, would he be so good as to ask him why we were abased in the public streets, and we did not know what for—I am quite sure we did not say anything else to him.</p>
<p>
<hi rend="italic">Q.</hi> Did not Mr. Pearce say to you, "If you think to come and intimidate me to get money from me, you have come to the wrong place?
<hi rend="italic">A.</hi> I believe those were his words—I said to him, "I believe you are too much of a business man, to be intimidated by two poor men like us"—we did not go to intimidate him, nothing of the sort—I have been in the army very nearly two years—Mr. Poole advanced the money for me to get out of the army, on the condition that I should pay him back again—I have paid him part of it back again.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> You say a quantity of goods were packed on the 16th, and were afterwards, about 12 o'clock at night, taken away; after you had packed the goods, did you leave them packed in the warehouse, and go away for some time before you removed them?
<hi rend="italic">A.</hi> Yes, I believe we went to get some refreshment—it might have been an hour that we left—Poole was present when Ventris told me to take the trap and horse, to go to the Brampton station—I cannot say whether Chapman Was present or not—Beard was there at the time, and also the next morning when I took the trap to Chapman's—I spoke to the station-master about the trunk—I left it in his charge.</p>
<xptr type="pageFacsimile" doc="186101070045"/>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ORRIDGE</hi>.
<hi rend="italic">Q.</hi> Have you seen a book which has been produced here, said to be in Beard's possession?
<hi rend="italic">A.</hi> Yes, I have seen it it in Beard's possession—I have seen him with it in his hand several times—I believe I saw him writing in it one day—I could not swear to it—he might have been looking over it, with his pencil—whether he was writing or not, I cannot say—I cannot exactly say what day it was that I first saw it in his hand—it was between 13th and 20th August—I am quite sure about that—I never saw it in his hand afterwards, that I am aware of—I recollect about some gig-lamps—Mr. Poole told us we had better take them, and make a little beer of them, or else Chapman would take them—there were two, no more—I believe Beard took them to Mr. Fox, a cab proprietor in Baywood-street—I cannot say exactly what he got for them; it was 7
<hi rend="italic">s</hi>. or & something of that sort—we divided the money between us—I cannot say that I know James Tate, of Northampton, by name—I believe the party you mean was in Mr. Poole's employ; he was not with us when the lamps were sold—there was no one with us, only myself and Beard—I do not know that I and Beard and Tate were in a public-house together one Sunday evening—I do not recollect it—I could not swear that we were not, because I cannot recollect—Tate worked in Mr. Poole's employment, as I did—we might have been together in a public-house, in August—I have often gone over to Kings
<lb/>thorpe on a Sunday evening—I cannot recollect leaving the house together, and having a conversation about Chapman—I do not recollect anything being said about that smashed leg, b----Chapman.</p>
<p>
<hi rend="italic">Q.</hi> Was anything said to Tate to this effect, "I want you to keep your tongue still, as to these things that went to Derby; mind what you do and do not utter a word about the clock, as I do not want them to know any
<lb/>thing about it?"
<hi rend="italic">A.</hi> I do not recollect anything about the circumstance at all.</p>
<p>
<hi rend="italic">Q.</hi> Did you say, "You promised to stick to me and I will protect you; when things are settled you shall go to Derby with me?"
<hi rend="italic">A.</hi> I must repeat again, I do not know anything at all about the circumstance; why should I protect him? I knew nothing about the lad—I will swear I did not say so—I will swear that no one said it in my presence—I did not say, "I will give you a sovereign before we start, provided you say nothing about it, for we mean business; if Poole don' t turn up to us 20
<hi rend="italic">l</hi>. apiece before 12 o'clock to-morrow we will do for the b----;" nothing of that sort was said in my presence on any occasion.</p>
<p>
<hi rend="italic">Q.</hi> Did Tate then say, "No, I will not promise not to say anything about it until I see how things go on, because it is very hard to turn against a master who has been a good friend both to you and me?"
<hi rend="italic">A.</hi> I do not know anything at all of the circumstance, therefore I cannot say; I should not have forgotten such a thing—I cannot say, to a few years, how long I had known Chapman; several years—I did not know that he was an agent for Cooke, of Walsall.</p>
<p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> What was it that occurred in the streets of Northampton that induced you to go to Mr. Pearce?
<hi rend="italic">A.</hi> We were abused both by Poole and Chapman in a disgraceful manner; I do not know for what—they called us all the prettiest rogues they could—we wanted to know for what—that was what we went to Mr. Pearce for, to ask him to ask Mr. Poole, he being a friend of his, the reason why we were abused in the public streets—there might have been a little more con
<lb/>versation than that, but really I cannot recollect it—that was the reason he said, "I suppose you have come to intimidate me?"</p>
<xptr type="pageFacsimile" doc="186101070046"/>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-139" type="witnessName">
<interp inst="t18610107-name-139" type="gender" value="male"/>
<interp inst="t18610107-name-139" type="surname" value="WESTON"/>
<interp inst="t18610107-name-139" type="given" value="ELIJAH"/>ELIJAH WESTON</persName> </hi>. I live at Kingsthorpe, Northampton, and am a shoe
<lb/>maker—I know Chapman: his premises adjoin mine—I remember his making an application to me on the subject of a barn—that was on a Sunday afternoon, the 18th or 19th August, I believe, or somewhere there, abouts—I allowed him to have the barn—he told me he wanted it to put a horse in for a few days—I recollect some goods being put in the barn the same evening—instead of a horse he put some boxes and a hamper—I went into my garden, which is usual with me before I go to bed, and I saw two or three men in the garden—I said, "Halloa!" and Mr. Chapman said, "Hush, hush!"—we had a little conversation about it, and he said that he had taken a quantity of goods of Mr. Poole for a large debt that was owing to him—I made little or no reply to that—the goods remained there for several days; not until the messenger of the Court of Bankruptcy seized them, they were afterwards removed—the barn was in a very dilapidated state, and it rained in in forty places—it was not fit for anything to be in, alive or dead—the goods were taken into a room in my house, which I call a lumber room, with a better roof to it, and they remained there, in the same condition, till they were seized—there was no removal that I know of.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-140" type="witnessName">
<interp inst="t18610107-name-140" type="gender" value="female"/>
<interp inst="t18610107-name-140" type="surname" value="WESTON"/>
<interp inst="t18610107-name-140" type="given" value="ANN"/>ANN WESTON</persName> </hi>. I recollect an officer from the Court of Bankruptcy seizing the goods that were in our lumber-room—Chapman was in his garden at the time the messenger came—he sent for me, put a paper over the wall, and said, "You give this receipt to your husband, and tell him to show the parties who are taking the goods away, and tell your husband to say they are his, and they dare not take them away"—I never gave the paper to my husband—Chapman sent for me a second time, after the goods were on the van, and told me to show my husband the receipt then, and I put it into my pocket and kept it there till the goods were gone away—I would not show it to my husband—I kept it in my pocket until the evening, when Mrs. Chapman came in for it and I gave it back to her, as Mr. Chapman wanted to make it out proper.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ORRIDGE</hi>.
<hi rend="italic">Q.</hi> Was Chapman confined to the house with his broken leg at that time?
<hi rend="italic">A.</hi> No, he was not; he could walk without a crutch or stick—he gave me the paper the day they fetched the goods away; I did not notice what day it was—we lived next door to him then—he hurt his ancle, I think, this summer; not his leg—I had seen him about on crutches a long time before then, but not at this time.</p>
<p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> How long had he been on crutches?
<hi rend="italic">A.</hi> I cannot say, but he had not any then; he seemed perfectly right then.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-141" type="witnessName">
<interp inst="t18610107-name-141" type="gender" value="male"/>
<interp inst="t18610107-name-141" type="surname" value="SHEPCUTT"/>
<interp inst="t18610107-name-141" type="given" value="JOHN"/>JOHN SHEPCUTT</persName> </hi>. I live at River-cottage, Lower-road, Islington, and am assistant to Mr. Stubbs, one of the messengers of the Court of Bankruptcy—I have the seizure warrant—I received it on 23d August—I went down to Northampton—on the 29th I received some information, and after that I went to Kingsthorpe, to Mr. Weston's premises—I seized some goods there—they consisted of twenty-six trunks containing manufactured and un-manufactured goods; a hamper containing boots and shoes, and 100 skins wrapped up in canvass packages—I took possession of those goods and took them to Poole's warehouse at Northampton—after I had taken them there I opened the trunks and the hamper—I found in them a letter-bag which I have here—I also found a peg-iron, some envelopes, and cards with Poole and Co.'s name on them—I found them in the trunks—" Poole and Co." was on the envelopes and cards, and on the letter-bag as well—I showed the hamper of goods to a person of the name of Stone, and the package of leather to</p>
<xptr type="pageFacsimile" doc="186101070047"/>
<p>a person of the name of Butcher—a person named Fossey was there; he had been in the bankrupt's employ—I also found in the trunks a leather portmanteau—the nature of the goods contained in the trunks was silk thread, elastic side-springs, ready-cut jean lining, ready-cut silk and thread for machine work; and a quantity of side-springs—there was a large quantity of boots and shoes with "P. and Co." on them—a quantity of boots was in the hamper—I cannot form an estimate of the value of the whole of the goods that I seized at Kingsthorpe—Mr. Dennis was present when they were opened; and the broker from the Court, a person of the name of Kelly—Fossey was there, and Stone, and Butcher; I don't remember any one else—Mr. Newton was there; he saw the goods that I seized at Kingsthorpe—I seized ten trunks of goods on 7th September at Saul's public-house—each of the boxes had more than 101. worth of goods in them.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ORRIDGE</hi>.
<hi rend="italic">Q.</hi> Did you see Chapman when you took. possession of those goods at Kingsthorpe?
<hi rend="italic">A.</hi> No—I did not see him during that time.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-142" type="witnessName">
<interp inst="t18610107-name-142" type="gender" value="male"/>
<interp inst="t18610107-name-142" type="surname" value="STONE"/>
<interp inst="t18610107-name-142" type="given" value="THOMAS"/>THOMAS STONE</persName> </hi>. I am a shoe agent—I lived formerly at Earl's Barton, Northamptonshire—in August last I was in the employ of Poole and Bryan, as a shoe agent—on 13th August, Thomas Beard came, and I gave him a him a hamper of boots and shoes, which I have seen since at the warehouse at Bull's Head lane—it was shown to me by the messenger of the Court of Bankruptcy, and contained boots and shoes, which, according to my idea, were worth between 28
<hi rend="italic">l</hi>. and 30
<hi rend="italic">l</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-143" type="witnessName">
<interp inst="t18610107-name-143" type="gender" value="male"/>
<interp inst="t18610107-name-143" type="surname" value="PEARCE"/>
<interp inst="t18610107-name-143" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN PEARCE</persName> </hi>. I am an auctioneer at Northampton—I know Poole—I cannot say the date, but ten tons of goods were brought to my house—on 18th August I advanced 70
<hi rend="italic">l</hi>. to Poole on some butts, which are solid leather, and, on I think, Wednesday following, the 22
<hi rend="italic">d</hi>., 70
<hi rend="italic">l</hi>. more on some kids.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BEST</hi>.
<hi rend="italic">Q.</hi> Were you examined before the Magis
<lb/>trate?
<hi rend="italic">A.</hi> No; I remember Woodford and Beard coming to me—they said that Poole had behaved very badly to them—I said, "If you have come here to wish me to intercede in this matter you are deceived, the trunks are removed, they were not an hour on my premises"—Poole told me that the first advance was to pay wages with, and the second for Mr. Ball to pay the solicitor.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> When were the trunks sent away?
<hi rend="italic">A.</hi> The same day that they came—I had been out of town on the 13th—I was informed that it was the 13th—I sent them away as soon as I knew of it—I advanced some of this money for wages—I knew that he was in
<lb/>structed to size sufficient goods for that purpose, and he said that if a bankruptcy ensued, the Commissioner would allow the deposit of the goods—the cheque that was given for wages, was made out in the name of Ventris; the first check—it was on the Northamptonshire Union Bank, and payable to F. W. Ventris or order—at the time the leather for that convenience was deposited, a note was signed by both of us—I did not bring it, I had no notice—I have not given it up to the prosecutors, but they have a copy of it—there was a memorandum between me and Ventris, in his own name, at the time the goods were deposited.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Have you known Mr. Chapman some years?
<hi rend="italic">A.</hi> Yes—I cannot say that I know Mr. Cook—I have seen him this morning, but should not have known him if I had not been told who he was—I have understood that Mr. Cook and Chapman have had business transact
<lb/>tions together.</p>
<xptr type="pageFacsimile" doc="186101070048"/>
<p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> If any goods left the premises of Pools on the night of the 18th, did they arrive at your premises?
<hi rend="italic">A.</hi> I cannot speak of ray own knowledge—I advanced the 70
<hi rend="italic">l</hi>. I believe before the goods were delivered, and they were delivered some time in the day—no other parcel was delivered that day that I am aware of—afterwards, on the 22d, another parcel was delivered, on which I made a second advance—the goods sent on the 13th were at my house when I arrived at home from out of town, and I ordered them to be sent away—I have never seen them since.</p>
<p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> You say that there was a second advance of 70
<hi rend="italic">l</hi>. did Mr. Ball negotiate that?
<hi rend="italic">A.</hi> He was present—that is Mr. Ball of the firm of Quilter and Ball; he had not time to stop for it, and I went to their house in London in due course—the kips were sent to me in order for me to judge whether they would be good security for the 70
<hi rend="italic">l</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-144" type="witnessName">
<interp inst="t18610107-name-144" type="gender" value="male"/>
<interp inst="t18610107-name-144" type="surname" value="FOSSEY"/>
<interp inst="t18610107-name-144" type="given" value="HENRY"/>HENRY FOSSEY</persName> </hi>. I live at Northampton—I was packer to Messrs. Poole and Bryan—this piece of iron is their property—I saw it on 13th August, and used it myself in the shoe room—I last saw this letter-bag on the 9th and 10th of August—the boy coming back with the letters bad it—Shep-cot, the messenger, showed me twenty-six trunks of boots and shoes, which he had seized in a hamper—I examined most of them, they were Poole's—I know them by the way they are made, and the stamp—I found in one of the trunks, five pairs of patent spring sides—I knew them; they were brought in by a man named Skimpton, of Hartwell—they were the usual kind of goods which Messrs. Poole were in the habit of selling.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-145" type="witnessName">
<interp inst="t18610107-name-145" type="gender" value="male"/>
<interp inst="t18610107-name-145" type="surname" value="NEWTON"/>
<interp inst="t18610107-name-145" type="given" value="GEORGE FREEMAN"/>GEORGE FREEMAN NEWTON</persName> </hi>. I am one of the assignees, and am a currier, carrying on business at Northampton—I am a creditor to between 5,000
<hi rend="italic">l</hi>. and 6,000
<hi rend="italic">l</hi>. the total amount debts is about 18,000
<hi rend="italic">l</hi>.—I was at the bankrupts' warehouse about 13th August, I do not know exactly the day—I received a circular from Quilter, Ball, and Co.—this (
<hi rend="italic">produced</hi>) is it; it is dated August 14th, and I should receive it on the 15th—on receiving that I went to London the same morning—(
<hi rend="italic">This was signed Poole & Co and stated that owing to serious losses in trade, they had suspended payments, and placed their books in the hands of Quilter, Ball, & Co. and requesting to be informed of the particulars of Mr. Newton's claim</hi>)—I went to their shop in New Oxford-street, and inquired for Poole—I was at first told that he was within, but afterwards the shopman who went to see, came back and told me that he was not within—I called again the same day, and was told that he would be in at 2 o'clock—I went again at 2 o'clock, and received a note which I tore up directly I read it—it was in Poole's writing, stating that he could not see me, but that any information wanted I should have from Quilter and Ball—I returned the same evening to Northampton, and in a day or two received information that quantities of goods were leaving the premises—on the Saturday evening following my return from London, I commenced watching the premises, and after watching some time a van-load of goods was brought out of the warehouse on the Mayor Hill—I followed it some distance through the town, until we got to the bottom of Abingdon-street, or across the Market hill, as we call it, where Ventris went up to the driver, Beard—there were several persons with me—I knew Ventris and afterwards when he had got further up the town I spoke to him—when he spoke to the driver, the pace of the van was quickened—I ran into the station-house to call a policeman, who came out, and we followed it up to St. Giles's-street, on the outside of the town, and then they went so fast that we lost them—while I and the policeman, and my son, and two or three</p>
<xptr type="pageFacsimile" doc="186101070049"/>
<p>others were together talking, Ventris came down to the corner to listen, apparently, to what we were talking about—he put an umbrella over his eyes to prevent my seeing him—I went up, pulled it up, and found that it was Ventris—I asked him whether he thought that it was part of his duty to assist the bankrupts in robbing the creditors in that way—he said that that was nothing to do with me, he had a right to do as he liked, for he was in the public streets, and I had better mind what I was about, for I was on the eve of bankruptcy, and he would do something for me if I did not mind.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BEST</hi>.
<hi rend="italic">Q.</hi> Are you one of the assignees?
<hi rend="italic">A.</hi> Yes, and a large creditor—this prosecution is perhaps instituted by my authority to a certain extent—I received a circular from Quilter and Ball, and went to see the bankrupt after that—I went as he told me; I had a bill coming due and he was to have an acceptance of Graham—I went up to get the money if he had got it from Graham.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> What money?
<hi rend="italic">A.</hi> I had a bill coming due for 900
<hi rend="italic">l</hi>., and Grahams used to pay my bills to meet their acceptances with; I went up with the bankrupt, who was to meet me at the Euston station with the money or acceptance—I presumed he had got it from Graham, and I went up to see—I never saw him on that occasion—I saw him in the evening in Northampton—I was not very pleased with him then.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> You say that Veutris was carrying an umbrella, was it raining?
<hi rend="italic">A.</hi> No—it had been raining more or less during the day, but I do not think it was raining at that time—I will not swear that it was not, but if it was it was not raining much—this was five or ten minutes after I had seen the cart, and 500 or 600 yards from where I had seen it, but I had followed him and never lost sight of him—I followed the van and followed him also, up to the time I spoke to him under the umbrella—I am not aware that either of the persons who were with him are here, but they can easily be fetched if you want them—they saw what I saw; they followed with me—it was Darwin and my son and a policeman, whom we took from the station, I cannot say what his name was—they went by the station-house, in the roundabout way in which they seemed to go, and I went in to get a policeman—I cannot say whether Ventris went up Abingdon-street or Giles-street, but I saw him at the top of Market-hill, and at the top of Giles-street—I am not aware that I ever lost sight of him from the time I spoke to the driver—my impression is that he went all along with the van—I knew, at the time he spoke to the driver, that he was the party who was introduced to me—I did not know him to be Mr. Ventris, at the bottom of the Market-hill, but I knew afterwards that he was the same party who spoke to the driver—it is not above 500 or 600 yards from the market to St. Giles'-street where I spoke to him—the van went through two streets.</p>
<p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Is the amount of 5,000
<hi rend="italic">l</hi>. or 6,000
<hi rend="italic">l</hi>., which the bankrupt owes you, for goods supplied in the way of your trade?
<hi rend="italic">A</hi>, Yes—the leather we supply is curried, not raw, and the debt has arisen from that—I never asked Ventris, when I spoke to him, whether he denied speak
<lb/>ing to the man—I have not the slightest doubt he is the person—the whole of the bills I hold, and the debt together, are close upon 6,000
<hi rend="italic">l</hi>.—there is about 1,400
<hi rend="italic">l</hi>. which is not actually in my hands, but the remainder is—I have bills now to the amount of 3,000
<hi rend="italic">l</hi>. or 4,000
<hi rend="italic">l</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-146" type="witnessName">
<interp inst="t18610107-name-146" type="gender" value="male"/>
<interp inst="t18610107-name-146" type="surname" value="BRYAN"/>
<interp inst="t18610107-name-146" type="given" value="SAMUEL"/>SAMUEL BRYAN</persName> </hi>. The prisoner Poole and I became partners in 1857, I think—we found, about the end of July or the beginning of August, that we could not meet our engagements—we had a large account with Byas and Co.,</p>
<xptr type="pageFacsimile" doc="186101070050"/>
<p>and had overdrawn—I came from London and arrived in Northampton on Wednesday, 15th August—I had a conversation with Ventris on that day—the principal thing I recollect was that he said he had been recommending or giving some advice to my partner, and he wished to give me the same, and that was that he should sell 2001. worth of goods, put 501. in his own pocket, and give me 50
<hi rend="italic">l</hi>., and there would be 1001. for him and his employers—I made no particular reply to that—I left soon afterwards, and went to my home in Northampton—I never meddled any more in the affair—I did not accept the offer or the suggestion.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> When was this conversation?
<hi rend="italic">A.</hi> On Wednesday evening, 15th August—I had been to London, I went on Tuesday and back on Wednesday—I was in Northampton on the 13th, and left on the 14th, and took no further part in the matter at all—I was in Oxford-street when some goods were removed—I did not send them away or help to pack them up, or see them packed—I meant that I took no further part in the matter at Northampton—I was at Northampton on the 13th, at the warehouse—I went to my house in Green-street, Northampton—that is perhaps half a mile from the warehouse—I do not remember exactly to whom I first told this conversation about Ventris—that question was never put to me by Mr. Van Sandau, or at the police-court—I think I remember men
<lb/>tioning it some two or three weeks after in town—I think I mentioned it in the course of a conversation in the presence of the messenger, Mr. Shepcutt, and yet I never mentioned it to Mr. Van Sandau—I do not remember that I have mentioned it publicly to anybody before to-day—he advised my partner to take 50
<hi rend="italic">l</hi>., and to give me 50
<hi rend="italic">l</hi>., and he would take a 100
<hi rend="italic">l</hi>. for his employers, Quilter and Ball—I do not know whether that was to go into the pocket of Messrs. Quilter and Ball: I am only telling you what took place—I do not know that anybody else was present; I think not—I did not mention it for three or four weeks—I have not mentioned it before any court of justice—I cannot say what gave rise to the conversation—I do not recollect any conversation before that—it took place in Mr. Poole's room, in his house—there was nothing particular before it that I noticed—I was not given into custody on this charge, or threatened—not the slightest charge has been made against me for removing these goods from Oxford-street, at the time when I was present and giving directions—I do not remember any complaint of any kind—I did not think to mention this to anybody, though I knew it was an improper suggestion—I understood Mr. Ventris had got possession and had got the keys in his possession, and that it was to be locked up until they sent down their man to take the stock—I did not think the suggestion would be acted upon by my partner—I thought it an im
<lb/>proper suggestion—I did not mention it to Mr. Newton, because I did not think it would be acted upon, and I did not see Quilter and Ball—I went up to London on the 13th—I knew the goods were removed for a legitimate purpose, to be sold at the latter end of the week for wages—I did not go up to London because the money was procured in another way—I did not go up to get a bill of sale—I went up with my partner to London on the 13th to go to Gray, and to Byas and Co.—he stayed in London till the 15th—the money was raised in Northampton; I had nothing to do with the trans
<lb/>action—it was raised by my partner in Northampton instead of the goods being sold—my business in going to London was connected with the business of the firm—one object was to go to our merchants to endeavour to get them to make a fresh agreement which they had not agreed to, to endeavour to carry on the business, and if they would not do that, to go to an accountant</p>
<xptr type="pageFacsimile" doc="186101070051"/>
<p>and have the thing brought to a close—I did not go to Quilter and Ball's—my partner did—he took down Ventris from that establishment—among other places in London, I went to Tozer's—he keeps a boot and shoe shop at 40, Gracechurch-street—a large quantity of boots and shoes were sent to tar's from Oxford-street, while I remained in town—I consented to that—there were six or seven baskets of different sizes—I was present when they arrived at Tozer's—I am not aware that they have actually been made part of the present charge against my partner—I was present at the police-court and was examined as to these goods.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> How long have you been in partner
<lb/>ship?
<hi rend="italic">A.</hi> I think it commenced in 1857—I live at Northampton: that is my home—a young man in the shop attended to the Oxford-street branch—I do not know Mr. Cooke, of Walsall—I have heard of him in connexion with the purchase of a portion of my property, but I never saw him in my life—I do not know that there were sold to him on behalf of myself and partner, in July, some 100
<hi rend="italic">l</hi>. worth of goods—I have heard of it before to-day—I heard of it in Northampton—I heard of it from my partner, after I was made bankrupt, not before—I cannot say the day, but it was the day the goods were brought back from Kingsthorpe—I never heard of it till after the bankruptcy—I mean to persist in that answer—I heard of it then from my part
<lb/>ner—he did not then tell me that Cooke had paid him 300
<hi rend="italic">l</hi>. and odd, for boots and shoes, a portion of our stock—he said nothing about what he had paid him—he told me goods that he had sold to Cooke; some hundred pairs of boots and shoes, and calf-skins and wax-ends—the very goods which were brought back from Kingsthorpe, were the goods he told me he had sold to Cooke—as to what became of the money, my partner told me that it was money which he owed his father—the amount was about 300
<hi rend="italic">l</hi>.—I am "not aware that I have said I do not know the amount—I went up to London with my partner on 13th, and stayed with him till 15th August, and I mean to tell my Lord and the jury that he did not tell me what was the precise state of affairs, or what had become of a portion of the stock—I was in difficulties then, and I knew it—there was a conversation between us as to the position of our firm at that time—I have not the slightest recollection of his telling me then that he had sold these three hundred and odd pounds' worth of goods to Cooke—I will undertake to tell those twelve gentlemen that I do not recollect his telling me that he had sold a portion of the stock, but I will not say either way, because I do not recollect it—the letter was issued on 14th August, I believe, and I was adjudicated bankrupt on 23d, I believe—I have been examined before the Commissioners in bankruptcy—my partner did not tell me, immediately after we stopped, that he had, one mouth previously, sold a portion of the stock to Cooke—he told me that he must sell goods for the money he owed his father, but he did not tell me that he had—that was some two or three weeks before we stopped—what he sold to Cooke was to pay his father—when he told me that he had sold to Cooke, that was not immediately after the letter had been issued to my creditors, and before I had been adjudicated bankrupt—that I swear positively—I know the difference, between stopping and bankruptcy—it was after we had stopped that he told me he had sold the goods to Cooke, and also after we were adjudicated bankrupts, it was when the goods were brought back from kingsthorpe—I am not aware that I said to you just now, "I think not"—I mean to pledge my oath that it was not before we became bankrupts, it was after—I was not told till after the goods came from Kingsthorpe—I do not know when Poole sold them—it was near the warehouse on the morning that the goods were brought</p>
<xptr type="pageFacsimile" doc="186101070052"/>
<p>back from Kingsthorpe, that he told me he had sold goods to the amounts of 300
<hi rend="italic">l</hi>. to Cooke—it was four or five weeks before that that he told me he would sell the goods—he did not tell me he was in negociation to sell—I knew Mr. Chapman—I did not know that he was Mr. Cooke's agent—I do not remember that he told me that he had been negociating with Mr. Cooke, and expected to get an answer from his agent, Mr. Chapman, as to whether he would pay the amount that he required for a portion of the stock—I know that Mr. Cooke has brought an action against the assignees in respect of this very property.</p>
<p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Did you know anything whatever of these goods having been to Kingsthorpe?
<hi rend="italic">A.</hi> Not the slightest, I was not aware of it until they were brought back by the messenger—it was then that Poole told me that they were the goods that he had sold to Cooke—I am not acquainted with these books (
<hi rend="italic">Looking at them</hi>)—I had nothing to do with them in fact—this day-book was kept in the counting-house at North
<lb/>ampton—these entries relative to Cooke are in Poole's writing—this entry in the rough diary purporting to be a payment to Captain Poole, is also in Mr. Poole's writing—(
<hi rend="italic">Read</hi>: "Paid to Captain Poole, 278
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>. being the amount of two cheques held by him, due to Captain Poole, by me, L. R P.; The above amount was paid out of the 300
<hi rend="italic">l</hi>. received from Mr. Cooke of Walsall, L. R. P.")—this account in the ledger headed "Captain Poole" is also in my partner's writing—I also believe these two papers (
<hi rend="italic">produced</hi>) to be his writing and this letter also.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BEST</hi>.
<hi rend="italic">Q.</hi> Do you know whom this letter came from?
<hi rend="italic">A.</hi> No; I have never seen it before to-day (
<hi rend="smallCaps">MR. SERJEANT BAL
<lb/>LANTINE</hi>
<hi rend="italic">stated that it came out of Mr. Dawson's possession</hi>).</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Here is a book purporting to be a day-book, commenced in 1858; is that the regular book of business kept at North
<lb/>ampton?
<hi rend="italic">A.</hi> Yes; it is in Poole's writing, all of it, I think—this "11th July" is also in his writing—the two entries previous to that are, I think, in his writing—I have not seen an order for the delivery of these goods which we have been talking of, and a receipt for them, except these two papers just now pro
<lb/>duced—I have never seen them until this moment—I have never seen an order, "Please to deliver," so and so, nor any receipt for the delivery—I never heard about anything of the kind.</p>
<p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Have you seen Cooke here?
<hi rend="italic">A.</hi> Not to my knowledge—I do not know him—(
<hi rend="italic">Upon</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>
<hi rend="italic">proposing to read the letter</hi>,
<hi rend="smallCaps">MR. BEST</hi>
<hi rend="italic">objected to it as being a privileged com
<lb/>munication between attorney and client, and referred to Roscoe's Criminal Evidence, page</hi> 179,
<hi rend="italic">and Archbold, page</hi> 228.
<hi rend="smallCaps">THE COURT</hi>
<hi rend="italic">was of opinion that, although the attorney's mouth would be closed, the document was not a privileged one now that it was produced, although it might have been a question whether the attorney could be compelled to produce it; and that if it became necessary the point could be reserved</hi>).
<hi rend="italic">The letter was here read as follows</hi>:—" London, 29th Oct., 1860. Dear Sir,—I wrote to my housekeeper, Mrs. Cave, to day, and told her to try and get Woodford to your office, so that you might make a handling of him; Mrs. Cave will do her best to get hold of him, and in the event of her doing so, and that you are satisfied with him, you may give him the enclosed, or rather, destroy it in his presence: but mind, please do not in any way, in the shape of evidence aft to the existence of this document, take notice of it, for reasons that I will make known to you when I next see you. Have you proceeded any further in Cooke's matter or Admitt's Had you not better write to Cooke upon the subject of his action and 'feel his purse?' You can address me under cover to Mr. F. W. Ventris, 4, St. Paul-street,</p>
<xptr type="pageFacsimile" doc="186101070053"/>
<p>New North-road, Islington, London. Yours truly, L. R. Poole. What do you think of Billingham's testimony; will it do?"</p>
<p>
<hi rend="smallCaps">
<persName id="t18610107-name-147" type="witnessName">
<interp inst="t18610107-name-147" type="gender" value="male"/>
<interp inst="t18610107-name-147" type="surname" value="SHARMAN"/>
<interp inst="t18610107-name-147" type="given" value="FREDERICK"/>FREDERICK SHARMAN</persName> </hi>. I know Ventris's writing, and have no doubt that this letter is his—(
<hi rend="italic">Read</hi>: "17, George-street, Northampton, 16th August, 1860. Sir,—I take this opportunity of informing you that at my suggestion Mr. Poole will be with you to-morrow morning, 12 o'clock, to consult you upon a few matters of urgency requiring immediate attention, the more particularly in reference to a shop the firm has in London, of which no mention was made to you, although it was to Mr. Link later. The feeling evinced by Mr. Newton, a creditor for 5,570
<hi rend="italic">l</hi>., is so bitter, that bankruptcy most inevitably ensue and that speedily. To-morrow the stock-taking will commence, and a statement of their affairs can be arrived at in a few days: if the profit and loss account be left out, of which please advise me by letter, you or Mr. Poole. From the present appearances of the stock, &c. &c., I should think it would produce from 3,000
<hi rend="italic">l</hi>. to 4,000
<hi rend="italic">l</hi>., if sold judiciously. I have much pleasure in stating that Mr. Poole has rendered me the most efficient assistance. I remain, Sir, yours respectfully, F. W. Ventris.—. G. H. Jay, Esq.—P.S. Bernstein and Co. of Basinghall-street, Mr. Poole is inclined to think, bears no very good feelings, they are creditors for 297
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>.)"</p>