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<interp inst="f18610708" type="date" value="18610708"/>
<p>CENTRAL CRIMINAL COURT</p>
<p>Sessions Paper.</p>
<p>CUBITT, MAYOR.</p>
<p>NINTH SESSION, HELD JULY 8TH, 1861.</p>
<p>MINUTES OF EVIDENCE,</p>
<p>TAKEN IN SHORT-HAND BY</p>
<p>
<persName id="t18610708-name-1">
<interp inst="t18610708-name-1" type="gender" value="male"/>
<interp inst="t18610708-name-1" type="surname" value="BARNETT"/>
<interp inst="t18610708-name-1" type="given" value="JAMES DROVER"/>JAMES DROVER BARNETT</persName> </p>
<p>AND</p>
<p>
<persName id="t18610708-name-2">
<interp inst="t18610708-name-2" type="gender" value="male"/>
<interp inst="t18610708-name-2" type="surname" value="BUCKLER"/>
<interp inst="t18610708-name-2" type="given" value="ALEXANDER"/>ALEXANDER BUCKLER</persName>,</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>
<persName id="t18610708-name-3">
<interp inst="t18610708-name-3" type="gender" value="male"/>
<interp inst="t18610708-name-3" type="surname" value="ORRIDGE"/>
<interp inst="t18610708-name-3" type="given" value="ROBERT"/>ROBERT ORRIDGE, ESQ.</persName> </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="186107080002"/>
<p>THE</p>
<p>WHOLE PROCEEDINGS</p>
<p>On the Queen's Commission of</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, July 8th, 1861, and following days.</p>
<p>
<hi rend="smallCaps">BEFORE</hi> the Right Hon.
<hi rend="largeCaps">
<persName id="t18610708-name-4" type="judiciaryName">
<interp inst="t18610708-name-4" type="gender" value="male"/>
<interp inst="t18610708-name-4" type="surname" value="CUBITT"/>
<interp inst="t18610708-name-4" type="given" value="WILLIAM"/>WILLIAM CUBITT</persName> </hi>, M.P. Lord Mayor of the City of London;
<persName id="t18610708-name-5" type="judiciaryName">
<interp inst="t18610708-name-5" type="gender" value="male"/>
<interp inst="t18610708-name-5" type="surname" value="WIGHTMAN"/>
<interp inst="t18610708-name-5" type="given" value="WILLIAM"/>Sir William Wightman</persName>, Knt. one of the Justices of Her Majesty's Court of Queen's Bench;
<persName id="t18610708-name-6" type="judiciaryName">
<interp inst="t18610708-name-6" type="gender" value="male"/>
<interp inst="t18610708-name-6" type="surname" value="BRAMWELL"/>
<interp inst="t18610708-name-6" type="given" value="GEORGE"/>Sir George Bramwell</persName>, Knt. one of the Barons of Her Majesty's Court of Exchequer;
<persName id="t18610708-name-7" type="judiciaryName">
<interp inst="t18610708-name-7" type="gender" value="male"/>
<interp inst="t18610708-name-7" type="surname" value="CHALLIS"/>
<interp inst="t18610708-name-7" type="given" value="THOMAS"/>Thomas Challis, Esq.</persName>;
<persName id="t18610708-name-8" type="judiciaryName">
<interp inst="t18610708-name-8" type="gender" value="male"/>
<interp inst="t18610708-name-8" type="surname" value="FINNIS"/>
<interp inst="t18610708-name-8" type="given" value="THOMAS QUESTED"/>Thomas Quested Finnis, Esq.</persName>; and
<persName id="t18610708-name-9" type="judiciaryName">
<interp inst="t18610708-name-9" type="gender" value="male"/>
<interp inst="t18610708-name-9" type="surname" value="CARTER"/>
<interp inst="t18610708-name-9" type="given" value="JOHN"/>John Carter</persName>, Esq., F.A.S. and F.R.A.S., Aldermen of the said City;
<persName id="t18610708-name-10" type="judiciaryName">
<interp inst="t18610708-name-10" type="gender" value="male"/>
<interp inst="t18610708-name-10" type="surname" value="GURNEY"/>
<interp inst="t18610708-name-10" type="given" value="RUSSELL"/>Russell Gurney, Esq.</persName> Q.C. Recorder of the said City;
<persName id="t18610708-name-11" type="judiciaryName">
<interp inst="t18610708-name-11" type="gender" value="male"/>
<interp inst="t18610708-name-11" type="surname" value="ROSE"/>
<interp inst="t18610708-name-11" type="given" value="WILLIAM ANDERSON"/>William Anderson Rose, Esq.</persName>;
<persName id="t18610708-name-12" type="judiciaryName">
<interp inst="t18610708-name-12" type="gender" value="male"/>
<interp inst="t18610708-name-12" type="surname" value="LAWRENCE"/>
<interp inst="t18610708-name-12" type="given" value="WILLIAM"/>William Lawrence</persName>, Esq.;
<persName id="t18610708-name-13" type="judiciaryName">
<interp inst="t18610708-name-13" type="gender" value="male"/>
<interp inst="t18610708-name-13" type="surname" value="GABRIEL"/>
<interp inst="t18610708-name-13" type="given" value="THOMAS"/>Thomas Gabriel, Esq.</persName>;
<persName id="t18610708-name-14" type="judiciaryName">
<interp inst="t18610708-name-14" type="gender" value="male"/>
<interp inst="t18610708-name-14" type="surname" value="CONDER"/>
<interp inst="t18610708-name-14" type="given" value="EDWARD"/>Edward Conder, Esq.</persName>;
<persName id="t18610708-name-15" type="judiciaryName">
<interp inst="t18610708-name-15" type="gender" value="male"/>
<interp inst="t18610708-name-15" type="surname" value="ABBISS"/>
<interp inst="t18610708-name-15" type="given" value="JAMES"/>James Abbiss, Esq.</persName>, Aldermen of the said City;
<persName id="t18610708-name-16" type="judiciaryName">
<interp inst="t18610708-name-16" type="gender" value="male"/>
<interp inst="t18610708-name-16" type="surname" value="CHAMBERS"/>
<interp inst="t18610708-name-16" type="given" value="THOMAS"/>Thomas Chambers</persName>, Esq. Q.C. Common Serjeant of the said City; and
<persName id="t18610708-name-17" type="judiciaryName">
<interp inst="t18610708-name-17" type="gender" value="male"/>
<interp inst="t18610708-name-17" type="surname" value="KERR"/>
<interp inst="t18610708-name-17" type="given" value="ROBERT MALCOLM"/>Robert Malcolm Kerr, Esq.</persName> Judge of Sheriffs' Court; 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">
<persName id="t18610708-name-18" type="judiciaryName">
<interp inst="t18610708-name-18" type="gender" value="male"/>
<interp inst="t18610708-name-18" type="surname" value="ABBISS"/>
<interp inst="t18610708-name-18" type="given" value="JAMES"/>JAMES ABBISS</persName> </hi>, Esq. Ald.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-19" type="judiciaryName">
<interp inst="t18610708-name-19" type="gender" value="male"/>
<interp inst="t18610708-name-19" type="surname" value="LUSK"/>
<interp inst="t18610708-name-19" type="given" value="ANDREW"/>ANDREW LUSK</persName> </hi>, Esq.</p>
<p>
<hi rend="italic">Sheriffs.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-20" type="judiciaryName">
<interp inst="t18610708-name-20" type="gender" value="male"/>
<interp inst="t18610708-name-20" type="surname" value="EAGLETON"/>
<interp inst="t18610708-name-20" type="given" value="OCTAVIUS CHAPMAN TRYON"/>OCTAVIUS CHAPMAN TRYON EAGLETON</persName> </hi>, Esq.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-21" type="judiciaryName">
<interp inst="t18610708-name-21" type="gender" value="male"/>
<interp inst="t18610708-name-21" type="surname" value="GAMMON"/>
<interp inst="t18610708-name-21" type="given" value="CHARLES"/>CHARLES GAMMON</persName> </hi>, Esq.</p>
<p>
<hi rend="italic">Under-Sheriffs.</hi> </p>
<xptr type="pageFacsimile" doc="186107080003"/>
<p>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<p>
<hi rend="largeCaps">CUBITT, MAYOR. NINTH 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 know 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, July</hi> 8
<hi rend="italic">th</hi>, 1861.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>.—The Rt. Hon. the
<hi rend="largeCaps">LORD MAYOR</hi>, M.P.; Mr. Ald.
<hi rend="smallCaps">CHALLIS</hi>; Mr. Ald.
<hi rend="smallCaps">FINNIS</hi>; Mr.
<hi rend="smallCaps">RECORDER</hi>; Mr. Ald.
<hi rend="smallCaps">ROSE</hi>; and Mr. Ald.
<hi rend="smallCaps">GABRIEL</hi>.</p>
<p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
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<p>543.
<persName id="def1-543-18610708" type="defendantName">
<interp inst="def1-543-18610708" type="gender" value="male"/>
<interp inst="def1-543-18610708" type="age" value="18"/>
<interp inst="def1-543-18610708" type="surname" value="EVANS"/>
<interp inst="def1-543-18610708" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES EVANS</hi> (18)</persName>, was indicted
<rs id="t18610708-543-offence-1" type="offenceDescription">
<interp inst="t18610708-543-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18610708-543-offence-1" type="offenceSubcategory" value="wounding"/> for unlawfully wounding
<persName id="t18610708-name-23" type="victimName">
<interp inst="t18610708-name-23" type="gender" value="male"/>
<interp inst="t18610708-name-23" type="surname" value="DUNKLEY"/>
<interp inst="t18610708-name-23" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18610708-543-offence-1 t18610708-name-23"/>William Dunkley</persName> </rs> </p>
<p>
<hi rend="smallCaps">MR. PLATT</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-24" type="witnessName">
<interp inst="t18610708-name-24" type="gender" value="male"/>
<interp inst="t18610708-name-24" type="surname" value="DUNKLEY"/>
<interp inst="t18610708-name-24" type="given" value="WILLIAM"/>WILLIAM DUNKLEY</persName> </hi>. I am a boot maker, living in Parson's-court, Bride-lane. On Saturday-night, 18th May, I was with my wife and some other persons in a pie-shop in Fleet-street—I was quite sober—the prisoner was in the shop, and two other persons—I and my wife were seated on on one side of a table, and the prisoner and his companions on the other—I believe the prisoner was quite sober—some vulgar word was used which was offensive to my wife—I told the prisoner he ought to know better than to use such language to a female; whereupon he got up and struck me in the mouth—upon that a police-constable was called in, and I gave him in charge; but the policeman would not take him, as he was not there to witness the assault—I and my wife then went out of the shop, leaving the others there, and when we had nearly got home I heard a run and a whistle behind me—I turned round and saw the prisoner—he said, "One at a time," and knocked me down—he struck me on the shoulder—there were several other persons round at the time; but he is the man that struck me—I got up again—he had his coat off—he struck me in the mouth, and knocked me down—it was a hard blow with his fist—whilst I was on the ground he kicked me in the ancle—I saw him raise his leg and kick me—I saw that distinctly—my leg was broken by it—I was not sure at the time that it was broken, but I felt very ill—I could not get up—I called out to my wife, "He has kicked me," and we gave him in charge—I was taken to the hospital, and there found that my leg was broken—I remained there three weeks and three days, and am now an out-patient—my leg is now going on very favourably—I had known nothing of the prisoner until that night.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COOPER</hi>.
<hi rend="italic">Q.</hi> The prisoner and his friends were all
<hi rend="italic">larking</hi> together in a friendly way, were they not?
<hi rend="italic">A.</hi> Not that I know of—they came in whilst we were in the pie-shop—I am not aware that there was</p>
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<p>any
<hi rend="italic">chaffing</hi> going on—I do not know a person named Curtis, not by name (
<hi rend="italic">Curtis was called in</hi>)—that is the very party that insulted my wife—he was throwing off
<hi rend="italic">back slang</hi> at my wife—I did not say I would shove a pie in his eye—I do not know Baskerfield (
<hi rend="italic">Baskerfeld was called in</hi>)—I do not know that person—I did not see him there to my recollection—I did hit the prisoner in the pie-shop, but it was in my own defence—before I touched him at all he had struck me in the mouth—I then struck him again—I cannot say whether the policeman was there at the time—I have no recollection of the prisoner saying, "Look here, policeman, he has struck me two or three times"—I did not hear the policeman say we were all one as bad as the other—when we left the pie-shop we did not run at each other—when he struck me I took my own defence—there are no iron railings about there—the prisoner did not fall on the top of me—I saw him lift his leg, and kick me—I swear it did not occur accidentally—I have since received 3
<hi rend="italic">l</hi>. from the prisoner's friends—I did not require more, and I did not ask for that—I think I had the 3
<hi rend="italic">l</hi>. The day before I went before the Magistrate, or the same day.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> How came you to receive that 3
<hi rend="italic">l</hi>.?
<hi rend="italic">A.</hi> I was in very great distress at that time, and 3
<hi rend="italic">l</hi>. was a great inducement to me—it was given me by the prisoner's master to withdraw the charge, and I asked the Magistrate to allow me to withdraw it, but he would not; he said he must protect the public—I was willing to withdraw it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-25" type="witnessName">
<interp inst="t18610708-name-25" type="gender" value="female"/>
<interp inst="t18610708-name-25" type="surname" value="DUNKLEY"/>
<interp inst="t18610708-name-25" type="given" value="CAROLINE"/>CAROLINE DUNKLEY</persName> </hi>. I am the wife of the last witness—I was with my husband on Saturday-night, 18th May, in the pie-shop in Fleet-street—something was said to me by some person, and my husband interfered—the man struck my husband in the pie-shop—the shopman said he would not have any fighting there; they could go outside if they liked, and fight it out—as we were going home we heard a whistling, as of two or three parties, and when we got two or three doors from Bouverie-street the parties ran behind us—one of them said, "One at a time"—my husband turned round, and the prisoner struck him and knocked him down—I assisted my husband to rise to his feet, and the prisoner struck him and knocked him down again—Evans made an attitude to strike him in the face—I took hold of him, and held him off from striking my husband's face, but I do not know what he did with his feet—I was behind him, and did not see his feet—my husband commenced groaning, and saying he had been kicked, and said, "Oh, my leg!"—he was quite sober—I am quite sure he did not touch Evans before he was struck.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Are you quite sure that your husband did not hit him instead of the other man?
<hi rend="italic">A.</hi> I did not see him—the man was talking nasty slang to me—I am quite sure my husband did not strike at him and hit Evans—my husband rose to go home, and Evans rose from the table and struck my husband in the mouth—he said he was interfering with his friend—the policeman was called in after the first blow was given—I did not see my husband strike a blow, but I heard him say that he struck at Evans going out—I did not hear the policeman say that one was as bad as the other—he said, he did not see the blow struck—there was no fight between my husband and Evans, it did not last three minutes—he did not fall down, Evans struck him down—there are no railings there, nothing but the pavement.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-26" type="witnessName">
<interp inst="t18610708-name-26" type="gender" value="male"/>
<interp inst="t18610708-name-26" type="surname" value="FOSTER"/>
<interp inst="t18610708-name-26" type="given" value="GEORGE"/>GEORGE FOSTER</persName> </hi>. I was with these parties walking down Fleet-street—I saw the prisoner come up, and strike Dunkley in the mouth; it knocked him down—when he tried to get up again I saw the prisoner kick him towards his feet—I distinctly saw him kick him—I heard Dunkley groan, and complain about his leg being much hurt—he was sober.</p>
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<p>
<hi rend="italic">Cross-examined. Q.</hi> What are you?
<hi rend="italic">A.</hi> A printer. I had just come from the Mogul, in Drury-lane—I came down behind Dunkley—I met Dunkley at the corner of Chancery-lane, and was talking to him, and saw the blow struck—I was quite close to him when I saw the kick—I am quite certain it was not an accident—I am a friend of his—I have known him a long time—I did not' interfere to take his part—I never spoke to the prisoner.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-27" type="witnessName">
<interp inst="t18610708-name-27" type="gender" value="male"/>
<interp inst="t18610708-name-27" type="surname" value="FARLEY"/>
<interp inst="t18610708-name-27" type="given" value="ISAAC"/>ISAAC FARLEY</persName> </hi> (
<hi rend="italic">City-policeman</hi>, 342). The prisoner was given into my charge—I saw nothing of the assault.</p>
<p>
<hi rend="italic">Witnesses for the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-28" type="witnessName">
<interp inst="t18610708-name-28" type="gender" value="male"/>
<interp inst="t18610708-name-28" type="surname" value="CURTIS"/>
<interp inst="t18610708-name-28" type="given" value="FREDERICK"/>FREDERICK CURTIS</persName> </hi>. I am a book-binder, and live at 3, Falcon-court—I was in the pie-shop in Fleet-street on this Saturday-night, about half-past 12—there were not many persons there—Evans was there, no one else of his party—the prosecutor and his wife came in—we called for a pie, and were sitting eating it—I was speaking about a piece called the
<hi rend="italic">Colleen Brawn</hi> that I had seen at the Adelphi theatre—I did not make use of any improper language—I was merely repeating "
<hi rend="italic">Crema Crama Cromo</hi>"—the prosecutor asked if I was insulting his wife—I said I was not—he said he would put the pie in my eye—he got up to make a blow at me, and I got up to ask him what it was for, and Evans being near, to save me, struck him—then it was all settled—a policeman was called in—he said one was as bad as the other, and he would not take Evans in charge—while Evans was sitting down, the prosecutor made three punches across the box at his face—Evans did not hit him again—he called the policeman's attention, and said, "you see he has hit me again"—the policeman was still there—he said we had better all be off—we all went out—the prosecutor and his wife went across the other side of the way to go home—I and Evans walked on the other side—I bade Evans good-night, as he lived in Bouverie-street, and as soon as Evans got across the road I heard a scuffling—I ran across, and was just in time to hear Evans say, "One at a time"—I picked up his cap—the prosecutor and his wife were attacking him—the wife had hold of his coat and Evans and the prosecutor were punching—in about a second I saw them both fall, the prosecutor being underneath, and then he complained of his leg being broken—I did not see Evans kick the prosecutor—I will be on my oath that he was not kicked at all—I was so close that I must have seen—very likely he fell with his leg twisted underneath—there were a pretty good many people about there—when we heard the man had broken his leg we subscribed, and gave him 3
<hi rend="italic">l</hi>. or 4
<hi rend="italic">l</hi>.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PLATT</hi>.
<hi rend="italic">Q.</hi> Was the prosecutor able to rise again?
<hi rend="italic">A.</hi> No; I did not see him rise; he was helped up—I did not hear him call oat that his leg was broken—what I said in the pie-shop was said to Evans, not to the prosecutor's wife—it was nothing except about the
<hi rend="italic">Colleen Brawn</hi>—the scuffle in the street occurred against the shutters of a stationer's shop near Bouverie-street—I came up when they were fighting—I heard Evans. say, "One at a time," and they both fell down.</p>
<p>
<hi rend="smallCaps">MR. COOPER</hi>.
<hi rend="italic">Q.</hi> How long have you known the prisoner?
<hi rend="italic">A.</hi> About two years—he has borne a very good character as a kind, inoffensive man.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Do you work with him?
<hi rend="italic">A.</hi> Yes—I did not subscribe to the 3
<hi rend="italic">l</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-29" type="witnessName">
<interp inst="t18610708-name-29" type="gender" value="male"/>
<interp inst="t18610708-name-29" type="surname" value="BASKERVILLE"/>
<interp inst="t18610708-name-29" type="given" value="JOHN"/>JOHN BASKERVILLE</persName> </hi>. I am a coal-porter, at 223, Upper Thames-street—I know nothing of these parties, they are all perfect strangers to me—I happened to be going home late this Saturday night—I was close against the fountain by St. Dunstan's church—I heard a little bit of disturbance in the shop, and curiosity induced me to wait—I saw them come out; one</p>
<xptr type="pageFacsimile" doc="186107080006"/>
<p>party went on one side of the street, and one on the other—just before they got to Bouverie-street, one party went across to the other, and then they got fighting with each other—I went away, and did not trouble my head with them any further.</p>
<p>
<hi rend="smallCaps">
<rs id="t18610708-543-verdict-1" type="verdictDescription">
<interp inst="t18610708-543-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18610708-543-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18610708-544">
<interp inst="t18610708-544" type="uri" value="sessionsPapers/18610708"/>
<interp inst="t18610708-544" type="date" value="18610708"/>
<join result="criminalCharge" id="t18610708-544-charge-1" targOrder="Y" targets="def1-544-18610708 t18610708-544-offence-1 t18610708-544-verdict-1"/>
<join result="criminalCharge" id="t18610708-544-charge-2" targOrder="Y" targets="def2-544-18610708 t18610708-544-offence-1 t18610708-544-verdict-2"/>
<join result="criminalCharge" id="t18610708-544-charge-3" targOrder="Y" targets="def3-544-18610708 t18610708-544-offence-1 t18610708-544-verdict-2"/>
<p>544.
<persName id="def1-544-18610708" type="defendantName">
<interp inst="def1-544-18610708" type="gender" value="male"/>
<interp inst="def1-544-18610708" type="age" value="18"/>
<interp inst="def1-544-18610708" type="surname" value="WATSON"/>
<interp inst="def1-544-18610708" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM WATSON</hi> (18)</persName>,
<persName id="def2-544-18610708" type="defendantName">
<interp inst="def2-544-18610708" type="gender" value="male"/>
<interp inst="def2-544-18610708" type="age" value="15"/>
<interp inst="def2-544-18610708" type="surname" value="ANDERSON"/>
<interp inst="def2-544-18610708" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE ANDERSON</hi> (15)</persName>, and
<persName id="def3-544-18610708" type="defendantName">
<interp inst="def3-544-18610708" type="gender" value="male"/>
<interp inst="def3-544-18610708" type="age" value="19"/>
<interp inst="def3-544-18610708" type="surname" value="MASTERS"/>
<interp inst="def3-544-18610708" type="given" value="EDWIN"/>
<hi rend="largeCaps">EDWIN MASTERS</hi> (19)</persName>
<rs id="t18610708-544-offence-1" type="offenceDescription">
<interp inst="t18610708-544-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18610708-544-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery with violence on
<persName id="t18610708-name-33" type="victimName">
<interp inst="t18610708-name-33" type="gender" value="female"/>
<interp inst="t18610708-name-33" type="surname" value="VAUGHAN"/>
<interp inst="t18610708-name-33" type="given" value="RHODA"/>
<join result="offenceVictim" targOrder="Y" targets="t18610708-544-offence-1 t18610708-name-33"/>Rhoda Vaughan</persName>, and stealing 1 bag, 1 purse, and 25
<hi rend="italic">s</hi>. in money, her property.</rs> </p>
<p>
<hi rend="smallCaps">MR. METCALFE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-34" type="witnessName">
<interp inst="t18610708-name-34" type="gender" value="female"/>
<interp inst="t18610708-name-34" type="surname" value="VAUGHAN"/>
<interp inst="t18610708-name-34" type="given" value="RHODA"/>RHODA VAUGHAN</persName> </hi>. I am a single woman, and live at 13, Queen's-road West, Regent's-park. On 30th May, I was on my way home with my mother and sister—I saw a number of boys two or three doors from home—there were about five or six of them—one of them snatched my bag from me—they were all close together; some on one side of me, and some on the other—as soon as the bag was taken, they all ran off—the bag contained about 25
<hi rend="italic">s</hi>. in silver, some portraits, and some accounts in a book—I did not notice any of the boys—the bag was snatched with violence; my hand was sprained—it was a leather bag.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-35" type="witnessName">
<interp inst="t18610708-name-35" type="gender" value="male"/>
<interp inst="t18610708-name-35" type="surname" value="AUSTIN"/>
<interp inst="t18610708-name-35" type="given" value="FREDERICK"/>FREDERICK AUSTIN</persName> </hi>. I am a bricklayer, and live at 3, Eaton-place, Princes-terrace, Regent's-park. On 30th May, I was going to my work, and met Miss Vaughan—before I met her, I met six young chaps running round the corner from the Queen's-road—they were running from the direction of Miss Vaughan, coming from the Queen's-road, towards Princes-terrace, and they turned down by the comer of a public-house—Miss Vaughan said some
<lb/>thing to me—I saw which way they turned, and went a nearer way and over-took them—I saw the prisoner Watson pass the bag to one of the others—it was a leather bag—I ran to catch hold of the one that had got the bag, and Watson turned and pushed me back—I made another start to run, and he prevented me again, and I caught him by the collar and threw him on the pavement, and kept him till the policeman came and took him from me—Anderson is very much like one of the boys, but I will not swear positively to him—they were all running pretty nearly together.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PARK</hi>.
<hi rend="italic">Q.</hi> When was it that you saw Masters in custody?
<hi rend="italic">A.</hi> The next week, I think.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-36" type="witnessName">
<interp inst="t18610708-name-36" type="gender" value="male"/>
<interp inst="t18610708-name-36" type="surname" value="MERRICK"/>
<interp inst="t18610708-name-36" type="given" value="CHARLES"/>CHARLES MERRICK</persName> </hi> (
<hi rend="italic">Policeman, S</hi> 328.) About 12 o'clock, on 30th May, I saw the prisoner Watson and four others coming along the Gloucester-road—I followed them to Primrose-hill—they got inside the hill, and laid down—I went on to the. top and watched them—I afterwards saw them go out of the hill into the Queen's-road west—I went down to the railings at the foot of the hill, looked through, and saw them surround Miss Vaughan and snatch from her a bag similar to this, and then all ran away together—I ran after them—they turned the corner of Princes-terrace leading to the Gloucester-road—I there saw Watson stopped by Austin and took him to the station—I can identify the other two—I went with another constable the week after to a beer-shop in Crown-street, and there apprehended them—I know them well by sight as constant associates—I am quite sure they are two of the boys who were surrounding Miss Vaughan, and assisting Watson, who took the bag; there was another lady with Miss Vaughan—the boys were pushing the ladies, who seemed to be almost falling.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Were there not three ladies?
<hi rend="italic">A.</hi> I saw two ladies close together—I went to look after Anderson and Masters that same day, but they were not to be found.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-37" type="witnessName">
<interp inst="t18610708-name-37" type="gender" value="male"/>
<interp inst="t18610708-name-37" type="surname" value="LEVERET"/>
<interp inst="t18610708-name-37" type="given" value="FRANCIS"/>FRANCIS LEVERET</persName> </hi> (
<hi rend="italic">Policeman, S</hi> 68). On Thursday, morning, 30th May</p>
<xptr type="pageFacsimile" doc="186107080007"/>
<p>about half-past 11, I was in the Hampstead-road, and saw the three prisoners in company with two other young lads, going towards. Camden-town—one of them spoke to me as they passed me, and said, "Halloo, policeman, how are you?"—I was in plain clothes—this was about half-a-mile from the York and Albany.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Can you say which it was that spoke to you?
<hi rend="italic">A.</hi> No; it was one of the five.</p>
<p>
<hi rend="italic">Watson's Defence.</hi> I was coming along the Queen's-road and met this man, who says he saw me pass the bag; he laid hold of me, and gave me in charge. I did not know what it was for; I saw some boys running.</p>
<p>
<hi rend="smallCaps">MR. PARK</hi>
<hi rend="italic">called the following witnesses.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-38" type="witnessName">
<interp inst="t18610708-name-38" type="gender" value="male"/>
<interp inst="t18610708-name-38" type="surname" value="CROWTHER"/>
<interp inst="t18610708-name-38" type="given" value="JOHN"/>JOHN CROWTHER</persName> </hi>. I am a costermonger—I can prove that the small boy (
<hi rend="italic">Anderson</hi>) is innocent—I took him down to Epsom, on Tuesday 28th, by the railway from Waterloo-station at twenty minutes past 6, and he never returned home from Epsom until the Friday—on Wednesday and Thursday nights fourteen policemen slept in the house, as the boy and I slept in the adjoining stable—it was Epsom races—I went down there in my regular occupation, and employed Anderson at the
<hi rend="italic">Aunt Sally</hi>—I was the first person that played with the Duke of Beaufort—the boy was with me from the Tuesday to the Friday—my wife was with me—I went before the Magistrate on the last examination, but he would not hear me.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Are you the proprietor of an Aunt Sally?
<hi rend="italic">A.</hi> Yes; I paid 15
<hi rend="italic">s</hi>. for a bit of ground—I took Anderson to assist me; he was with me the whole time—Thursday was an off day—that is a day we are not expected to do much; but I got half-a-sovereign from a captain who played with Bob Travers, the black—I employed Anderson the whole of the Thursday; he picked up the sticks—I had also a poor sort of boy to assist me, but I cannot find where he is—he also helped to pick up the sticks—I collected the accounts and gave out the sticks—there were other persons who saw the boy, but they would not come without being paid—I have been in trouble twice for selling my goods; and am likely to be again to-day for pushing my barrow—I have been in prison about four times for pushing my barrow and assaulting the police—when I have been taken up, I have said I would not go; that I thought it a cruel thing, and they have called it an assault.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-39" type="witnessName">
<interp inst="t18610708-name-39" type="gender" value="female"/>
<interp inst="t18610708-name-39" type="surname" value="CROWTHER"/>
<interp inst="t18610708-name-39" type="given" value="SARAH"/>SARAH CROWTHER</persName> </hi>. I am the wife of the last witness—I was with my husband at Epsom, and we took Anderson to work with us; he went down with us on the Tuesday evening by the 6.20 train, and came home with us on Friday, between 12 and 1 in the morning—he is quite innocent of this.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Were you attending to the Aunt Sally?
<hi rend="italic">A.</hi> I had nuts to sell—I was by the Aunt Sally all the time, on the hill—the Aunt Sally was stuck up on the Thursday—there were not so many people there on the Thursday—I was there all the time and never left, nor this boy either—I have been in trouble, only by getting my living; they said it was obstructing the footpaths, in Somerstown—I was not charged with having stolen goods—I have only been twice in custody; once was for getting drunk—I do not know where Anderson lives—my husband went home with him the Friday night we came from the races—they went towards Clarendon-square, Somerstown—I was four months in prison for a watch that was stolen and put upon me by a girl I was drinking with.</p>
<p>
<hi rend="smallCaps">MR. PARK</hi>.
<hi rend="italic">Q.</hi> There are races on the Thursday, are there not?
<hi rend="italic">A.</hi> Yes; and a great many people there, and ladies in carriages.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-40" type="witnessName">
<interp inst="t18610708-name-40" type="gender" value="male"/>
<interp inst="t18610708-name-40" type="surname" value="ROSE"/>
<interp inst="t18610708-name-40" type="given" value="JAMES"/>JAMES ROSE</persName> </hi>. I am a cook and steward, and live at 119, Charlton-street,</p>
<xptr type="pageFacsimile" doc="186107080008"/>
<p>New-road—I know Masters—I recollect Thursday, 30th May, the day after the
<hi rend="italic">Derby</hi>—I called that day at the house where Masters lives, 14, Wood-street, Comer-street—I think it must have been a little after 12 o'clock—a young woman answered the door, and told me he was in bed—I did not see him then—I went again about half-past 3 in the afternoon—he came out then—he had on a pair of slippers and was not washed, as if he had just got up.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Do you mean that he was in bed at 12 o'clock in the day?
<hi rend="italic">A.</hi> Yes; on account of his walking all the way from the races—I had seen him the previous evening.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-41" type="witnessName">
<interp inst="t18610708-name-41" type="gender" value="female"/>
<interp inst="t18610708-name-41" type="surname" value="WILLIAMS"/>
<interp inst="t18610708-name-41" type="given" value="MARY ANN"/>MARY ANN WILLIAMS</persName> </hi>. I live at 14, Wood-street—Masters lodges there. On Thursday, 30th May, I recollect the young man calling—I did not answer the door, I was washing at the time, and came up as far as the parlor—Masters was then in the house and in bed—he had left my house on the 29th to go to the races as he told me, and he returned between 1 and 2 in the morning—I saw him in bed at 8 o'clock on the Thursday, and again at 12 and 3, and asked if he was not going to get up—I am certain it was on the Thursday, because I never wash except on Thursday.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> How came you to see him at 8 o'clock?
<hi rend="italic">A.</hi> I had to go into the room for a brush; and I saw him at 12 because my husband comes home to his dinner at 12, and we have our meals in the front parlour, and Masters lives in the back—it was his young woman that answered the door—I believe he is about twenty years of age—I saw him in bed at 12 o'clock, because his door was open, and I spoke to him—I don't know where he works; he told me he worked for his father—I do not know Anderson or Watson—I have seen Anderson about going through Wood-street, but not to know anything of him—I have never seen him speaking to Masters to my knowledge—I saw him one day with his mother—I saw Masters in bed at 3 o'clock—I did not see him after that—my husband works at Cubitt's, in Gray's-inn-road—he always comes home to dinner at 12—it would take him about five or seven minutes to get home—I can't say whether it Was before or after he came in that I saw Masters in bed; it was just about that time.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> When did you hear of Masters being taken into custody?
<hi rend="italic">A.</hi> One evening; I cannot say what day it was—I did not know what he was taken for.</p>
<p>
<hi rend="smallCaps">MISS VAUGHAN</hi> (
<hi rend="italic">re-examined</hi>). The robbery occurred about 12 o'clock—I cannot say for certain whether it was before or after 12; it was about 12.</p>
<p>
<hi rend="largeCaps">WATSON</hi>
<hi rend="smallCaps">
<rs id="t18610708-544-verdict-1" type="verdictDescription">
<interp inst="t18610708-544-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610708-544-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.†—
<hi rend="italic">
<rs id="t18610708-544-punishment-1" type="punishmentDescription">
<interp inst="t18610708-544-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t18610708-544-punishment-1" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-544-18610708 t18610708-544-punishment-1"/>Confined Twelve Months</rs>.</hi> </p>
<p>
<hi rend="largeCaps">ANDERSON</hi> and
<hi rend="largeCaps">MASTERS</hi>
<hi rend="smallCaps">
<rs id="t18610708-544-verdict-2" type="verdictDescription">
<interp inst="t18610708-544-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18610708-544-verdict-2" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, July</hi> 8
<hi rend="italic">th</hi>, 1861.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Ald.
<hi rend="smallCaps">CHALLIS</hi>; Mr. Ald.
<hi rend="smallCaps">GABRIEL</hi>; Mr. Ald.
<hi rend="smallCaps">ABBISS</hi>; and Mr.
<hi rend="smallCaps">COMMON SERJEANT</hi>.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18610708-545">
<interp inst="t18610708-545" type="uri" value="sessionsPapers/18610708"/>
<interp inst="t18610708-545" type="date" value="18610708"/>
<join result="criminalCharge" id="t18610708-545-charge-1" targOrder="Y" targets="def1-545-18610708 t18610708-545-offence-1 t18610708-545-verdict-1"/>
<p>545.
<persName id="def1-545-18610708" type="defendantName">
<interp inst="def1-545-18610708" type="gender" value="male"/>
<interp inst="def1-545-18610708" type="age" value="20"/>
<interp inst="def1-545-18610708" type="surname" value="SAWYER"/>
<interp inst="def1-545-18610708" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES SAWYER</hi> (20)</persName>
<rs id="t18610708-545-offence-1" type="offenceDescription">
<interp inst="t18610708-545-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18610708-545-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing 1 watch, value 4
<hi rend="italic">l</hi>., the property of
<persName id="t18610708-name-43" type="victimName">
<interp inst="t18610708-name-43" type="gender" value="male"/>
<interp inst="t18610708-name-43" type="surname" value="PHILLIPS"/>
<interp inst="t18610708-name-43" type="given" value="JAMES EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18610708-545-offence-1 t18610708-name-43"/>James Edward Phillips</persName>, from his person; to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18610708-545-verdict-1" type="verdictDescription">
<interp inst="t18610708-545-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610708-545-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18610708-545-punishment-2" type="punishmentDescription">
<interp inst="t18610708-545-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18610708-545-punishment-2" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-545-18610708 t18610708-545-punishment-2"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18610708-546">
<interp inst="t18610708-546" type="uri" value="sessionsPapers/18610708"/>
<interp inst="t18610708-546" type="date" value="18610708"/>
<join result="criminalCharge" id="t18610708-546-charge-1" targOrder="Y" targets="def1-546-18610708 t18610708-546-offence-1 t18610708-546-verdict-1"/>
<p>546.
<persName id="def1-546-18610708" type="defendantName">
<interp inst="def1-546-18610708" type="gender" value="male"/>
<interp inst="def1-546-18610708" type="age" value="16"/>
<interp inst="def1-546-18610708" type="surname" value="SMITH"/>
<interp inst="def1-546-18610708" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY SMITH</hi> (16)</persName>
<rs id="t18610708-546-offence-1" type="offenceDescription">
<interp inst="t18610708-546-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18610708-546-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 1 pistol, 1 bullet-mould, 50 bullets, and other articles, value 7
<hi rend="italic">l</hi>., the property of
<persName id="t18610708-name-45" type="victimName">
<interp inst="t18610708-name-45" type="gender" value="male"/>
<interp inst="t18610708-name-45" type="surname" value="DEANE"/>
<interp inst="t18610708-name-45" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18610708-546-offence-1 t18610708-name-45"/>John Deane</persName> and another;</rs> to which he.</p>
<xptr type="pageFacsimile" doc="186107080009"/>
<p>
<hi rend="smallCaps">
<rs id="t18610708-546-verdict-1" type="verdictDescription">
<interp inst="t18610708-546-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610708-546-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.*—
<hi rend="italic">
<rs id="t18610708-546-punishment-3" type="punishmentDescription">
<interp inst="t18610708-546-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18610708-546-punishment-3" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-546-18610708 t18610708-546-punishment-3"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18610708-547">
<interp inst="t18610708-547" type="uri" value="sessionsPapers/18610708"/>
<interp inst="t18610708-547" type="date" value="18610708"/>
<join result="criminalCharge" id="t18610708-547-charge-1" targOrder="Y" targets="def1-547-18610708 t18610708-547-offence-1 t18610708-547-verdict-1"/>
<p>547.
<persName id="def1-547-18610708" type="defendantName">
<interp inst="def1-547-18610708" type="gender" value="male"/>
<interp inst="def1-547-18610708" type="age" value="18"/>
<interp inst="def1-547-18610708" type="surname" value="WILSON"/>
<interp inst="def1-547-18610708" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES WILSON</hi> (18)</persName>
<rs id="t18610708-547-offence-1" type="offenceDescription">
<interp inst="t18610708-547-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18610708-547-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing 1 watch, value 20
<hi rend="italic">l</hi>., the property of
<persName id="t18610708-name-47" type="victimName">
<interp inst="t18610708-name-47" type="gender" value="male"/>
<interp inst="t18610708-name-47" type="surname" value="POTTER"/>
<interp inst="t18610708-name-47" type="given" value="WILLIAM SIMPSON"/>
<join result="offenceVictim" targOrder="Y" targets="t18610708-547-offence-1 t18610708-name-47"/>William Simpson Potter</persName>; from his person.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-48" type="witnessName">
<interp inst="t18610708-name-48" type="gender" value="male"/>
<interp inst="t18610708-name-48" type="surname" value="FEAST"/>
<interp inst="t18610708-name-48" type="given" value="WILLIAM"/>WILLIAM FEAST</persName> </hi> (
<hi rend="italic">City-policeman</hi>, 330). On 1st July, I took the prisoner from the prosecutor on London-bridge, who charged him with stealing a gold watch from his person—I searched the prisoner on the bridge at his own request, and found this watch (
<hi rend="italic">produced</hi>) in his trousers'-pocket.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-49" type="witnessName">
<interp inst="t18610708-name-49" type="gender" value="male"/>
<interp inst="t18610708-name-49" type="surname" value="POTTER"/>
<interp inst="t18610708-name-49" type="given" value="WILLIAM SIMPSON"/>WILLIAM SIMPSON POTTER</persName> </hi>. I am a coal factor. On 1st July, I was crossing London-bridge; I stopped to look at the fire, and the prisoner came along-side of me, and closed upon me—I drew back, and saw his hand in the direction of my waistcoat pocket—I looked at my watch chain, and it appeared all right; I stepped back to go away, when the chain fell down; I immediately turned to seize the prisoner—I found a policeman by my side, and gave him in charge, as my watch was gone—I told the policeman to search him, and he took this watch (
<hi rend="italic">produced</hi>) out of the prisoner's pocket—it is mine; the bow is broken.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I picked the watch up.</p>
<p>
<hi rend="smallCaps">
<rs id="t18610708-547-verdict-1" type="verdictDescription">
<interp inst="t18610708-547-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610708-547-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<p>
<hi rend="italic">It was stated by the police that he had been nine times in Holloway Gaol.</hi> </p>
<p>
<hi rend="italic">
<rs id="t18610708-547-punishment-4" type="punishmentDescription">
<interp inst="t18610708-547-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18610708-547-punishment-4" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-547-18610708 t18610708-547-punishment-4"/>Four Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18610708-548">
<interp inst="t18610708-548" type="uri" value="sessionsPapers/18610708"/>
<interp inst="t18610708-548" type="date" value="18610708"/>
<join result="criminalCharge" id="t18610708-548-charge-1" targOrder="Y" targets="def1-548-18610708 t18610708-548-offence-1 t18610708-548-verdict-1"/>
<p>548.
<persName id="def1-548-18610708" type="defendantName">
<interp inst="def1-548-18610708" type="gender" value="male"/>
<interp inst="def1-548-18610708" type="age" value="21"/>
<interp inst="def1-548-18610708" type="surname" value="BROWNING"/>
<interp inst="def1-548-18610708" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE BROWNING</hi> (21)</persName>
<rs id="t18610708-548-offence-1" type="offenceDescription">
<interp inst="t18610708-548-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18610708-548-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing 1 watch, value 7
<hi rend="italic">l</hi>., the property of
<persName id="t18610708-name-51" type="victimName">
<interp inst="t18610708-name-51" type="gender" value="male"/>
<interp inst="t18610708-name-51" type="surname" value="TYER"/>
<interp inst="t18610708-name-51" type="given" value="EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18610708-548-offence-1 t18610708-name-51"/>Edward Tyer</persName>, from his person.</rs> </p>
<p>
<hi rend="smallCaps">MR. HORRY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-52" type="witnessName">
<interp inst="t18610708-name-52" type="gender" value="male"/>
<interp inst="t18610708-name-52" type="surname" value="TYER"/>
<interp inst="t18610708-name-52" type="given" value="EDWARD"/>EDWARD TYER</persName> </hi>. I am a traveller. On Saturday afternoon, 19th June, about half-past 5, I was on Fish-street-hill, and stopped to look at a band which was passing—I saw the prisoners hand at my right-hand waistcoat-pocket, where I had had my watch, but it was gone—it had been fastened to a chain, which went through a button-hole—I made a grasp at him, but he ran away—I ranafter him, and caught him at the bottom of Fish-street-hill—he struggled to get away at first, but eventually gave in—an officer came, and I gave him in charge—he had the watch in his hand, and the guard came in contact with my hand; a little boy brought it to me after
<lb/>wards.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. THOMPSON</hi>.
<hi rend="italic">Q.</hi> What became of the watch?
<hi rend="italic">A.</hi> I expect the prisoner got it; I have never seen it—the chain is at home; I did not think it necessary to bring it—quite a mob was created by a volunteer band passing—the prisoner ran about 100 yards before I caught him—he ran into the middle of the road, past the volunteers, and I then caught him—not more than two or three minutes elapsed from my seeing the hand going to my pocket, till I caught the prisoner—I never lost sight of him; I was watching him all the time—I know him by his height particularly—we got before the volunteers, who were going down the hill.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-53" type="witnessName">
<interp inst="t18610708-name-53" type="gender" value="male"/>
<interp inst="t18610708-name-53" type="surname" value="SYLVESTER"/>
<interp inst="t18610708-name-53" type="given" value="FRANCIS FREDERICK"/>FRANCIS FREDERICK SYLVESTER</persName> </hi>. I am eleven years old, and live at 2, St. Dunstan's-alley—last Saturday afternoon I saw the volunteers on Fish-street-hill—I saw the prisoner with his hand in Mr. Tyer's waistcoat pocket, but did not see anything taken out; but he took his hand out and ran—I did not see anything in his hand; but it was shut—Mr. Tyer ran after him and took hold of him.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Do you live at home with your parents?
<hi rend="italic">A.</hi> Yes; I went to the station the same day—a gentleman took me there—he asked the boys whether they saw him take the watch, and I said that I did—I did</p>
<xptr type="pageFacsimile" doc="186107080010"/>
<p>not say before the Magistrate that I saw him take the watch out of the pocket—there was a great crowd about—there were others running beside the prisoner—when I first saw the prosecutor he was walking, then running and then he stopped by the Monument; and it was when he was standing still that the prisoner put his hand into the pocket—the prisoner had on a round hat and a brown coat—I saw him caught—I was by myself—I ran when Mr. Tyer ran—I was on the other side of the road when the man was caught, and was about as far from him as I am from you.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-54" type="witnessName">
<interp inst="t18610708-name-54" type="gender" value="indeterminate"/>
<interp inst="t18610708-name-54" type="surname" value="JONES"/>
<interp inst="t18610708-name-54" type="given" value="ELY"/>ELY JONES</persName> </hi> (
<hi rend="italic">City-policeman</hi>, 598). About half-past 5, on Saturday evening, I was on duty near the Monument—I saw the prosecutor holding the prisoner at the bottom of Fish-street-hill—he gave him in custody for stealing his watch—he gave his right address, and said that he worked in the Docks, and did not get his living by thieving.</p>
<p>
<hi rend="italic">Jury to</hi>
<hi rend="smallCaps">EDWARD TYER</hi>.
<hi rend="italic">Q.</hi> Was the running necessary to enable the prisoner to keep up with the band?
<hi rend="italic">A.</hi> He bolted as fast as he could in the crowd, and I saw the end of the chain in his hand—I tried to lay hold of his collar, and the chain dropped and swung to my waistcoat; it caught my finger, and dropped on the ground.</p>
<p>
<hi rend="smallCaps">
<rs id="t18610708-548-verdict-1" type="verdictDescription">
<interp inst="t18610708-548-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18610708-548-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18610708-549">
<interp inst="t18610708-549" type="uri" value="sessionsPapers/18610708"/>
<interp inst="t18610708-549" type="date" value="18610708"/>
<join result="criminalCharge" id="t18610708-549-charge-1" targOrder="Y" targets="def1-549-18610708 t18610708-549-offence-1 t18610708-549-verdict-1"/>
<p>549.
<persName id="def1-549-18610708" type="defendantName">
<interp inst="def1-549-18610708" type="gender" value="male"/>
<interp inst="def1-549-18610708" type="age" value="24"/>
<interp inst="def1-549-18610708" type="surname" value="JACKSON"/>
<interp inst="def1-549-18610708" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY JACKSON</hi> (24)</persName>
<rs id="t18610708-549-offence-1" type="offenceDescription">
<interp inst="t18610708-549-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18610708-549-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing 1 watch, value 50
<hi rend="italic">l</hi>., the property of
<persName id="t18610708-name-56" type="victimName">
<interp inst="t18610708-name-56" type="gender" value="male"/>
<interp inst="t18610708-name-56" type="surname" value="NORRIS"/>
<interp inst="t18610708-name-56" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18610708-549-offence-1 t18610708-name-56"/>William Norris</persName>, from his person.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-57" type="witnessName">
<interp inst="t18610708-name-57" type="gender" value="male"/>
<interp inst="t18610708-name-57" type="surname" value="NORRIS"/>
<interp inst="t18610708-name-57" type="given" value="WILLIAM"/>WILLIAM NORRIS</persName> </hi>. On 17th June, about half-past 9 in the morning, I was in Fore-street, and met a procession with three banners and a band—I stood to look at it, and felt somebody near me pressing against me—I found the prisoner with my watch in one hand and my chain in the other, separating them—he took my watch and made off—I followed him, over-took him, and he threw me down—I caught him by the trousers' leg, and held him tight till he was taken in custody—my watch was picked up in the road—I did not see him throw it away.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-58" type="witnessName">
<interp inst="t18610708-name-58" type="gender" value="male"/>
<interp inst="t18610708-name-58" type="surname" value="BROGDEN"/>
<interp inst="t18610708-name-58" type="given" value="GEORGE"/>GEORGE BROGDEN</persName> </hi>. I was in Fore-street at half-past 9 o'clock, on 17th June, and saw the procession go by—I saw Mr. Norris there, at first lying on the ground holding the prisoner by the leg of the trousers—he called out "The man has robbed me of my watch"—I turned my head and saw the prosecutor's watch in the prisoner's right hand—I collared him, and he, threw, it behind him, among the procession—I did not pick it up—I held him till the policeman came, and then gave him in charge—I saw the watch—it was a silver Geneva watch.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Why did not you lay hold of my hand that the watch was in?
<hi rend="italic">A.</hi> Because I thought it better to call for a policeman.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-59" type="witnessName">
<interp inst="t18610708-name-59" type="gender" value="male"/>
<interp inst="t18610708-name-59" type="surname" value="JOHNSON"/>
<interp inst="t18610708-name-59" type="given" value="JOHN"/>JOHN JOHNSON</persName> </hi> (
<hi rend="italic">City-policeman</hi>, 134). I took the prisoner—he was struggling with the prosecutor—this watch (
<hi rend="italic">produced</hi>) was given to me by one of the bystanders.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-60" type="witnessName">
<interp inst="t18610708-name-60" type="gender" value="male"/>
<interp inst="t18610708-name-60" type="surname" value="NORRIS"/>
<interp inst="t18610708-name-60" type="given" value="WILLIAM"/>WILLIAM NORRIS</persName> </hi> (
<hi rend="italic">re-examined</hi>). This is ray watch, the one I had safe in the morning, and lost.</p>
<p>
<hi rend="smallCaps">
<rs id="t18610708-549-verdict-1" type="verdictDescription">
<interp inst="t18610708-549-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610708-549-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">He was further charged with having been before convicted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-61" type="witnessName">
<interp inst="t18610708-name-61" type="gender" value="male"/>
<interp inst="t18610708-name-61" type="surname" value="JACKSON"/>
<interp inst="t18610708-name-61" type="given" value="THOMAS"/>THOMAS JACKSON</persName> </hi>. I produce a certificate (
<hi rend="italic">Read;—Central Criminal Court—John Lloyd, convicted, June</hi>, 1860,
<hi rend="italic">of breaking and entering the shop of John Draper, and stealing shoes and other articles—Confined One Year</hi>)—the prisoner is the person—he was tried in the name of John Lloyd.</p>
<p>
<hi rend="smallCaps">GUILTY</hi>.—
<hi rend="italic">
<rs id="t18610708-549-punishment-5" type="punishmentDescription">
<interp inst="t18610708-549-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18610708-549-punishment-5" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-549-18610708 t18610708-549-punishment-5"/>Four Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18610708-550">
<interp inst="t18610708-550" type="uri" value="sessionsPapers/18610708"/>
<interp inst="t18610708-550" type="date" value="18610708"/>
<join result="criminalCharge" id="t18610708-550-charge-1" targOrder="Y" targets="def1-550-18610708 t18610708-550-offence-1 t18610708-550-verdict-1"/>
<p>550.
<persName id="def1-550-18610708" type="defendantName">
<interp inst="def1-550-18610708" type="gender" value="male"/>
<interp inst="def1-550-18610708" type="age" value="22"/>
<interp inst="def1-550-18610708" type="surname" value="GRIFF"/>
<interp inst="def1-550-18610708" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN GRIFF</hi> (22)</persName>
<rs id="t18610708-550-offence-1" type="offenceDescription">
<interp inst="t18610708-550-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18610708-550-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing 1 watch, value 10
<hi rend="italic">l</hi>., of
<persName id="t18610708-name-63" type="victimName">
<interp inst="t18610708-name-63" type="gender" value="female"/>
<interp inst="t18610708-name-63" type="surname" value="MUIRHEAD"/>
<interp inst="t18610708-name-63" type="given" value="HELEN ELIZABETH"/>
<join result="offenceVictim" targOrder="Y" targets="t18610708-550-offence-1 t18610708-name-63"/>Helen Elizabeth Muirhead</persName>, from her person.</rs> </p>
<xptr type="pageFacsimile" doc="186107080011"/>
<p>
<hi rend="smallCaps">MR. WAY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-64" type="witnessName">
<interp inst="t18610708-name-64" type="gender" value="female"/>
<interp inst="t18610708-name-64" type="surname" value="MUIRHEAD"/>
<interp inst="t18610708-name-64" type="given" value="HELEN ELIZABETH"/>HELEN ELIZABETH MUIRHEAD</persName> </hi>. I live at High-street, Chatham. On Saturday, 29th June, I was in Cheapside, looking at the procession of Mr. Braidwood's funeral, about half-past 2 o'clock—Miss Whiteman, a friend, was with me—while there, I felt a sharp pull at my watch chain, which was round my neck, with a gold watch on to it—when I felt the pull I turned round and saw the prisoner with my watch in his hand—I am sure he is the man—I had an opportunity of seeing his face—he was breaking my watch from the chain—he gave it a violent pull, and broke the swivel—I saw the watch in his hand—I caught his hand and he pulled it away from me, put the watch into his other hand and passed it over the heads of some people in the crowd—Miss Whiteman went forward immediately and seized him by the collar, and held him securely until we gave him in charge of the policeman.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PATER</hi>.
<hi rend="italic">Q.</hi> I suppose you came up from Chatham on purpose to see the funeral?
<hi rend="italic">A.</hi> No; there was a great crowd collected—we were standing at the corner of Queen-street—Miss Whiteman was with me the whole time—I had not noticed the prisoner before I felt the pull at my chain—I am nearly sure that he held my watch in his right hand—I will not be positive—I was examined before the Magistrate—I am quite sure that I have mentioned the prisoner having wished to pass it from one hand to the other; I cannot tell you when, because I do not know—I have said it several times—I have sworn at the Mansion-house that I saw him—I am certain now that it was in the right hand—I know his right hand from his left—I wear a watch-pocket—the watch was in my watch-pocket—it was not protected in any way—I had a mantle over my watch-pocket, as it is now.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-65" type="witnessName">
<interp inst="t18610708-name-65" type="gender" value="female"/>
<interp inst="t18610708-name-65" type="surname" value="WHITEMAN"/>
<interp inst="t18610708-name-65" type="given" value="SARAH"/>SARAH WHITEMAN</persName> </hi>. I was with Miss Muirhead in Cheapside—she called out "My watch is gone, that man has it," meaning the prisoner—he was then bringing down his hand from putting it over the heads of some persons in the crowd—I caught hold of his arm; he struggled and shook me off, and was making away and I caught him by the collar, and held him till an officer came.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Were you also engaged in looking at the funeral?
<hi rend="italic">A.</hi> I was—there was a great crowd—I did not see the prisoner pass any
<lb/>thing—I only saw him bring his hand back.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-66" type="witnessName">
<interp inst="t18610708-name-66" type="gender" value="male"/>
<interp inst="t18610708-name-66" type="surname" value="SHAW"/>
<interp inst="t18610708-name-66" type="given" value="WILLIAM"/>WILLIAM SHAW</persName> </hi> (
<hi rend="italic">City-policeman</hi>, 452). I was at the corner of Queen-street, Cheapside, in the middle of the road, regulating the traffic—I heard the cries of police, went into the crowd, and found the last witness holding the prisoner by the coat collar—the prosecutrix said, "That man has taken my watch, I saw it in his hand"—I took him in custody and told him he must go to the station—he said it would be very hard to be taken away; that he had not had the watch—I took him to the station, where he was charged—he gave the name of John Griff, but refused his address—I searched him—there was no property found on him.</p>
<p>
<hi rend="italic">The prisoner's statement before the Magistrate was here read as follows</hi>:—"I hope you will not send me for trial."</p>
<p>
<hi rend="smallCaps">
<rs id="t18610708-550-verdict-1" type="verdictDescription">
<interp inst="t18610708-550-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610708-550-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18610708-550-punishment-6" type="punishmentDescription">
<interp inst="t18610708-550-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18610708-550-punishment-6" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-550-18610708 t18610708-550-punishment-6"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18610708-551">
<interp inst="t18610708-551" type="uri" value="sessionsPapers/18610708"/>
<interp inst="t18610708-551" type="date" value="18610708"/>
<join result="criminalCharge" id="t18610708-551-charge-1" targOrder="Y" targets="def1-551-18610708 t18610708-551-offence-1 t18610708-551-verdict-1"/>
<p>551.
<persName id="def1-551-18610708" type="defendantName">
<interp inst="def1-551-18610708" type="gender" value="male"/>
<interp inst="def1-551-18610708" type="age" value="30"/>
<interp inst="def1-551-18610708" type="surname" value="BROWN"/>
<interp inst="def1-551-18610708" type="given" value="ALFRED"/>
<hi rend="largeCaps">ALFRED BROWN</hi> (30)</persName>
<rs id="t18610708-551-offence-1" type="offenceDescription">
<interp inst="t18610708-551-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18610708-551-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing 1 watch, value 30
<hi rend="italic">l</hi>. the property of
<persName id="t18610708-name-68" type="victimName">
<interp inst="t18610708-name-68" type="gender" value="male"/>
<interp inst="t18610708-name-68" type="surname" value="JACKSON"/>
<interp inst="t18610708-name-68" type="given" value="SAMUEL"/>
<join result="offenceVictim" targOrder="Y" targets="t18610708-551-offence-1 t18610708-name-68"/>Samuel Jackson</persName>, from his person.</rs> </p>
<p>
<hi rend="smallCaps">MR. TAYLOR</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-69" type="witnessName">
<interp inst="t18610708-name-69" type="gender" value="male"/>
<interp inst="t18610708-name-69" type="surname" value="JACKSON"/>
<interp inst="t18610708-name-69" type="given" value="SAMUEL"/>SAMUEL JACKSON</persName> </hi>. I am a watch maker, living at 66, Red Lion-street, Clerkenwell—on Saturday, 29th June, about 3 o'clock in the afternoon, I</p>
<xptr type="pageFacsimile" doc="186107080012"/>
<p>was in an omnibus; it was unable to proceed, and I alighted—when I got out there was a considerable crowd—I got out in Cheapside, close to Mr. Bennett's shop—the crowd was caused by the funeral of Mr. Braidwood—I went in the direction of Lombard-street, intending to go there, and endeavoured to turn round Queen-street to avoid the crowd—an omnibus which was coming by, caused a rush of people against me—the people went past me, and immediately I felt a pressure on my left-hand side, a slight motion at my waistcoat pocket, upon which I placed my hand there, and found my watch was gone, and the chain hanging, broken—I instantly turned and observed a man pressing against me, whose hand was being removed from my side—I should have seized him but that I noticed his hand moving rapidly round in this direction, towards the left, towards the prisoner who was in front of him with his back towards us—I saw the prisoner appear to receive it with his right hand; he put his hand round to meet the other man's hand, and some words passed between them which I could not hear—I immediately laid hold of the prisoner—he received what I believed to be my watch—I have no doubt he received something—a policeman did not come up for some time—I called, "Police," and removed the prisoner, as far as I could, from anybody but myself—I kept hold of him till a policeman came.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ROSHER</hi>.
<hi rend="italic">Q.</hi> I believe there was a very great crowd on this occasion in the street?
<hi rend="italic">A.</hi> There was—the people were not all round me, because there was an omnibus on one side—I found myself surrounded with a very Jarge body of people immediately I got out—amongst others I saw the prisoner—I do not swear that it was the prisoner who pressed against me—he never pressed against me, it was the other man that pressed against me, and that took my watch—I saw the prisoner receive what I believe to be the watch from the man who stole it from me—I turned round hoping to catch them both, but he was off; he ran away—I did not see the watch in his hand at all—I did not feel it taken from my pocket—I felt a slight motion there, which caused me to put my hand up—I had on the same coats that I have now—I had both coats buttoned; but on being pressed into the crowd, the bottom button was pulled open—the watch was in this pocket on the left-hand side—my coat was like this exactly, when it took place—that was before I felt the pressure.</p>
<p>
<hi rend="smallCaps">MR. TAYLOR</hi>.
<hi rend="italic">Q.</hi> Is there any doubt that your watch was taken out!
<hi rend="italic">A.</hi> Not the least—when the watch was found the swivel was attached to it.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you see your watch shortly afterwards?
<hi rend="italic">A.</hi> Yes; at the police-station—I first saw it when the prisoner was taken in custody—the swivel was attached to it, but the little link that connects it with the chain was opened with the wrench.</p>
<p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> How long was it before this that you had your watch?
<hi rend="italic">A.</hi> Immediately before—I had looked at it after I had got out of the omnibus, not two minutes before I missed it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-70" type="witnessName">
<interp inst="t18610708-name-70" type="gender" value="male"/>
<interp inst="t18610708-name-70" type="surname" value="HAYWARD"/>
<interp inst="t18610708-name-70" type="given" value="THOMAS"/>THOMAS HAYWARD</persName> </hi> (
<hi rend="italic">City-policeman</hi>, 434). I was on duty in Cheapside, on Saturday afternoon, 29th June—I did not hear the cry—I saw the prisoner and prosecutor struggling with each other, the prisoner trying to get away from the prosecutor—I crossed over and caught hold of the prisoner immediately—the prosecutor said, "He has got my watch, policeman"—I asked him if he saw him take the watch from his pocket—he said, "No; but I saw the hand of the one that had taken it, pass it to the prisoner—the prisoner said, "I have not taken it"—I took the prisoner in custody—a person in the crowd said, so that the prisoner could hoar it, "It is all</p>
<xptr type="pageFacsimile" doc="186107080013"/>
<p>right, policeman, he has just dropped it by his side"—I saw the man that had spoken, stoop and pick it up from his aide, and he gave it to me—this (
<hi rend="italic">produced</hi>) is it—it was close by the prisoner—I took him to the station-house.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Who is the person that was standing in the crowd and made that remark?
<hi rend="italic">A.</hi> I do not know who the man was; he was coming with me to the station, but we lost him in the crowd—the watch was found down by the prisoner's side—there were twenty persons near, but not on the spot—I do not suppose the prosecutor and prisoner were exactly on the same spot where they were first standing before the struggle—I did not see the prisoner drop the watch—the person who did see him drop it is not here—the prisoner gave his address—I did not go there—there is not the least reason to doubt it being right.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-71" type="witnessName">
<interp inst="t18610708-name-71" type="gender" value="male"/>
<interp inst="t18610708-name-71" type="surname" value="JACKSON"/>
<interp inst="t18610708-name-71" type="given" value="SAMUEL"/>SAMUEL JACKSON</persName> </hi> (
<hi rend="italic">re-examined</hi>). This is my watch—the value of it is 30
<hi rend="italic">l</hi>.</p>
<p>(
<hi rend="italic">The prisoner's statement before the Magistrate was here read as follows</hi>: "I plead guilty.")</p>
<p>
<rs id="t18610708-551-verdict-1" type="verdictDescription">
<interp inst="t18610708-551-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610708-551-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of receiving.</hi> </rs> </p>
<p>
<hi rend="italic">He was further charged with having been before convicted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-72" type="witnessName">
<interp inst="t18610708-name-72" type="gender" value="male"/>
<interp inst="t18610708-name-72" type="surname" value="FOULGER"/>
<interp inst="t18610708-name-72" type="given" value="JOHN"/>JOHN FOULGER</persName> </hi> (
<hi rend="italic">City-police Inspector</hi>). I produce a certificate (
<hi rend="italic">Read</hi>:"
<hi rend="italic">Central Criminal Court. Alfred Brown, convicted, June</hi>, 1852,
<hi rend="italic">on his own confession, of stealing a handkerchief from the person; Transported for Seven Years</hi>")—I was present—the prisoner is the person mentioned there.</p>
<p>
<hi rend="smallCaps">GUILTY</hi>.**—
<hi rend="italic">
<rs id="t18610708-551-punishment-7" type="punishmentDescription">
<interp inst="t18610708-551-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18610708-551-punishment-7" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-551-18610708 t18610708-551-punishment-7"/>Ten Tears' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18610708-552">
<interp inst="t18610708-552" type="uri" value="sessionsPapers/18610708"/>
<interp inst="t18610708-552" type="date" value="18610708"/>
<join result="criminalCharge" id="t18610708-552-charge-1" targOrder="Y" targets="def1-552-18610708 t18610708-552-offence-1 t18610708-552-verdict-1"/>
<p>552.
<persName id="def1-552-18610708" type="defendantName">
<interp inst="def1-552-18610708" type="gender" value="male"/>
<interp inst="def1-552-18610708" type="age" value="22"/>
<interp inst="def1-552-18610708" type="surname" value="LOVEDAY"/>
<interp inst="def1-552-18610708" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN LOVEDAY</hi> (22)</persName>
<rs id="t18610708-552-offence-1" type="offenceDescription">
<interp inst="t18610708-552-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18610708-552-offence-1" type="offenceSubcategory" value="burglary"/>, Burglariously breaking and entering the dwelling-house of
<persName id="t18610708-name-74" type="victimName">
<interp inst="t18610708-name-74" type="gender" value="male"/>
<interp inst="t18610708-name-74" type="surname" value="STANLEY"/>
<interp inst="t18610708-name-74" type="given" value="ROBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t18610708-552-offence-1 t18610708-name-74"/>Robert Stanley</persName>, and stealing therein 2 coats, value 30
<hi rend="italic">s</hi>., his property.</rs> </p>
<p>
<hi rend="smallCaps">MR. GENT</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-75" type="witnessName">
<interp inst="t18610708-name-75" type="gender" value="female"/>
<interp inst="t18610708-name-75" type="surname" value="STANLEY"/>
<interp inst="t18610708-name-75" type="given" value="CHARLOTTE"/>CHARLOTTE STANLEY</persName> </hi>. I am the wife of Robert Stanley, of 41, Booth-street, Spitalfields—on 15th June, I went out about half-past 10 o'clock, leaving the two ground-floor rooms locked up—I returned in less than ten minutes—I had left no one in the lower rooms, but there were people in the rooms over me—I left the outer door open—that opens into a passage, not into a room—we have two rooms—I locked the outer one—it had been forced open when I returned, and the room was full of our wearing apparel strewed about; I could not get in for it—I saw a man there—I cannot say who; he knocked me down at the door, and I saw him go over me with two coats on—he ran out at the front-door—I called, "Police"—I missed two coats, worth 30
<hi rend="italic">s</hi>.; one was my husband's, and the other my son's—I cannot swear to the prisoner; he looked stouter by having two coats on—the man was about his height.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. LLOYD</hi>.
<hi rend="italic">Q.</hi> Was the lock broken?
<hi rend="italic">A.</hi> One part was forced off, where the lock caught in—there was a lamp over the door, and I could see plainly that the man had on my husband's blue pilot-coat outside.</p>
<p>
<hi rend="smallCaps">MR. GENT</hi>.
<hi rend="italic">Q.</hi> Did he leave the house-door open when he went out?
<hi rend="italic">A.</hi> Both doors—the gas runs up against my door—the blue pilot-coat had a cloth collar, and the other coat a velvet collar.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-76" type="witnessName">
<interp inst="t18610708-name-76" type="gender" value="female"/>
<interp inst="t18610708-name-76" type="surname" value="MULLINDAR"/>
<interp inst="t18610708-name-76" type="given" value="MARY"/>MARY MULLINDAR</persName> </hi>. I am a fancy-box-maker, of 46, Booth-street; the prosecutor's house is No. 47, and the numbers run straight. On Saturday evening, 15th June, I was standing two doors off Mrs. Stanley's, and saw her go out—I saw her go in again, and saw the prisoner knock her down as she went in—there was another old lady there, and he jumped over her and ran down the street; he came by me and I tried to stop him—he was three or four yards from me—there was an old lady in the middle of the road; he ran</p>
<xptr type="pageFacsimile" doc="186107080014"/>
<p>against her, knocked her down, and fell himself—he ran as far as the Bull's Head public-house; I ran after him, and saw him run into a policeman's arms, he then pulled off his coat and put it over his arm—the policeman took him back to Booth-street, to the old lady who he had knocked down last; but she said that she could not swear to him, and the policeman let him go—I went close to see what was going on—the coat was a dark-blue pilot-coat and had a velvet collar; it was an over-coat.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> What did you do?
<hi rend="italic">A.</hi> I ran and tried to stop him, and caught hold of his coat—that was when I saw him knock down the first old lady—I knew it was Mr. Stanley's coat, because I have seen him wearing it; but did not know that the prisoner had stolen it—I ran after him with another young girl—when the prisoner took off the coat, the policeman asked him whose property it was, and he said that it was his own—it was three-quarters of an hour between the policeman taking him and letting him go; he took him again when he heard of the robbery—I was only about five minutes in the presence of the policeman and the prisoner—I said nothing about the other old lady—the prisoner did not run very fast; I was able to keep up with him for about twenty-five yards, and was close to him when he went into the policeman's arms.</p>
<p>
<hi rend="smallCaps">MR. GENT</hi>.
<hi rend="italic">Q.</hi> Did Mrs. Stanley appear to identify him?
<hi rend="italic">A.</hi> No; after he was taken the second time, I made a communication of what I had seen—the prisoner is the man.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-77" type="witnessName">
<interp inst="t18610708-name-77" type="gender" value="male"/>
<interp inst="t18610708-name-77" type="surname" value="SHARPE"/>
<interp inst="t18610708-name-77" type="given" value="NEHEMIAH"/>NEHEMIAH SHARPE</persName> </hi> (
<hi rend="italic">Policeman, H</hi> 185). I was in Booth-street about half-past 10, and saw the prisoner running and a lot of boys and two or three females behind him—I caught him in my arms; he wanted to know what it was for, I said, "You are the first to come up"—I asked him what it was—he said, "I have just knocked a female down in the street"—he had two coats on; the under one was black cloth and had a velvet collar buttoned over, the other was a loose pilot-coat—he had got that over the other; he wanted to take it off, but I would not let him—a female came up to me, and I went in search of the prisoner, and took him a quarter of an hour afterwards at the Bull's Head—I charged him with striking and knocking down a woman, and taking two coats—he said that he knew nothing about it—he had two coats, one with a velvet collar and one without.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Were there 200 or 300 people surrounding you!
<hi rend="italic">A.</hi> Yes; and there were fifty or sixty boys and girls running after him—I cannot say whether the prisoner had three coats, he had the under one buttoned all down—scarcely five minutes after I had let him go a woman in black told me to take him—it was not the prosecutrix—I went to the house before I took him the second time.</p>
<p>
<hi rend="smallCaps">
<rs id="t18610708-552-verdict-1" type="verdictDescription">
<interp inst="t18610708-552-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610708-552-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18610708-552-punishment-8" type="punishmentDescription">
<interp inst="t18610708-552-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18610708-552-punishment-8" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-552-18610708 t18610708-552-punishment-8"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, July</hi> 9
<hi rend="italic">th</hi>, 1861.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>—The Right Honourable the
<hi rend="largeCaps">LORD MAYOR</hi>, M.P.; Mr. Justice
<hi rend="smallCaps">WIGHTMAN</hi>; Mr. Ald.
<hi rend="smallCaps">CHALLIS</hi>; Mr. Ald.
<hi rend="smallCaps">FINNIS</hi>; Mr.
<hi rend="smallCaps">RECORDER</hi>; Mr. Ald.
<hi rend="smallCaps">ROSE</hi>; and Mr. Ald.
<hi rend="smallCaps">GABRIEL</hi>.</p>
<p>
<hi rend="italic">Before Mr. Justice Wightman.</hi> </p>
<div1 type="trialAccount" id="t18610708-553">
<interp inst="t18610708-553" type="uri" value="sessionsPapers/18610708"/>
<interp inst="t18610708-553" type="date" value="18610708"/>
<join result="criminalCharge" id="t18610708-553-charge-1" targOrder="Y" targets="def1-553-18610708 t18610708-553-offence-1 t18610708-553-verdict-1"/>
<p>553.
<persName id="def1-553-18610708" type="defendantName">
<interp inst="def1-553-18610708" type="gender" value="male"/>
<interp inst="def1-553-18610708" type="age" value="22"/>
<interp inst="def1-553-18610708" type="surname" value="LOCK"/>
<interp inst="def1-553-18610708" type="given" value="HARRY"/>
<hi rend="largeCaps">HARRY LOCK</hi> (22)</persName>, was indicted
<rs id="t18610708-553-offence-1" type="offenceDescription">
<interp inst="t18610708-553-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18610708-553-offence-1" type="offenceSubcategory" value="mail"/> for stealing, whilst employed in the Post Office, a post letter, containing 2 half-sovereigns, the properly of
<persName id="t18610708-name-79" type="victimName">
<interp inst="t18610708-name-79" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18610708-553-offence-1 t18610708-name-79"/>her Majesty's Postmaster-General</persName>; to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18610708-553-verdict-1" type="verdictDescription">
<interp inst="t18610708-553-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610708-553-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18610708-553-punishment-9" type="punishmentDescription">
<interp inst="t18610708-553-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18610708-553-punishment-9" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-553-18610708 t18610708-553-punishment-9"/>Three Years Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18610708-554">
<interp inst="t18610708-554" type="uri" value="sessionsPapers/18610708"/>
<interp inst="t18610708-554" type="date" value="18610708"/>
<join result="criminalCharge" id="t18610708-554-charge-1" targOrder="Y" targets="def1-554-18610708 t18610708-554-offence-1 t18610708-554-verdict-1"/>
<xptr type="pageFacsimile" doc="186107080015"/>
<p>554.
<persName id="def1-554-18610708" type="defendantName">
<interp inst="def1-554-18610708" type="gender" value="male"/>
<interp inst="def1-554-18610708" type="age" value="20"/>
<interp inst="def1-554-18610708" type="surname" value="BUNTING"/>
<interp inst="def1-554-18610708" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE BUNTING</hi> (20)</persName>
<rs id="t18610708-554-offence-1" type="offenceDescription">
<interp inst="t18610708-554-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18610708-554-offence-1" type="offenceSubcategory" value="mail"/>, Stealing, whilst employed in the Post Office; a post letter, containing 2 half-sovereigns; to which he.</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18610708-554-verdict-1" type="verdictDescription">
<interp inst="t18610708-554-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610708-554-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18610708-554-punishment-10" type="punishmentDescription">
<interp inst="t18610708-554-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18610708-554-punishment-10" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-554-18610708 t18610708-554-punishment-10"/>Three Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18610708-555">
<interp inst="t18610708-555" type="uri" value="sessionsPapers/18610708"/>
<interp inst="t18610708-555" type="date" value="18610708"/>
<join result="criminalCharge" id="t18610708-555-charge-1" targOrder="Y" targets="def1-555-18610708 t18610708-555-offence-1 t18610708-555-verdict-1"/>
<join result="criminalCharge" id="t18610708-555-charge-2" targOrder="Y" targets="def1-555-18610708 t18610708-555-offence-2 t18610708-555-verdict-1"/>
<join result="criminalCharge" id="t18610708-555-charge-3" targOrder="Y" targets="def1-555-18610708 t18610708-555-offence-3 t18610708-555-verdict-1"/>
<p>555.
<persName id="def1-555-18610708" type="defendantName">
<interp inst="def1-555-18610708" type="gender" value="male"/>
<interp inst="def1-555-18610708" type="age" value="49"/>
<interp inst="def1-555-18610708" type="surname" value="CHAPMAN"/>
<interp inst="def1-555-18610708" type="given" value="JAMES DENNY"/>
<hi rend="largeCaps">JAMES DENNY CHAPMAN</hi> (49)</persName>
<rs id="t18610708-555-offence-1" type="offenceDescription">
<interp inst="t18610708-555-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18610708-555-offence-1" type="offenceSubcategory" value="forgery"/>, Feloniously forging and uttering an acceptance to a bill of exchange, for the payment of 100
<hi rend="italic">l</hi>.;</rs>
<rs id="t18610708-555-offence-2" type="offenceDescription">
<interp inst="t18610708-555-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t18610708-555-offence-2" type="offenceSubcategory" value="forgery"/>
<hi rend="italic">also</hi>, an acceptance to a bill for 71
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>., with intent to defraud;</rs>
<rs id="t18610708-555-offence-3" type="offenceDescription">
<interp inst="t18610708-555-offence-3" type="offenceCategory" value="deception"/>
<interp inst="t18610708-555-offence-3" type="offenceSubcategory" value="bankrupcy"/>
<hi rend="italic">also</hi>, feloniously omitting to surrender himself after his being adjudged a bank
<lb/>rupt;</rs> to all of which he</p>
<p>
<hi rend="smallCaps">
<rs id="t18610708-555-verdict-1" type="verdictDescription">
<interp inst="t18610708-555-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610708-555-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18610708-555-punishment-11" type="punishmentDescription">
<interp inst="t18610708-555-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18610708-555-punishment-11" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-555-18610708 t18610708-555-punishment-11"/>Four Years' Penal Sevitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18610708-556">
<interp inst="t18610708-556" type="uri" value="sessionsPapers/18610708"/>
<interp inst="t18610708-556" type="date" value="18610708"/>
<join result="criminalCharge" id="t18610708-556-charge-1" targOrder="Y" targets="def1-556-18610708 t18610708-556-offence-1 t18610708-556-verdict-1"/>
<p>556.
<persName id="def1-556-18610708" type="defendantName">
<interp inst="def1-556-18610708" type="gender" value="male"/>
<interp inst="def1-556-18610708" type="age" value="44"/>
<interp inst="def1-556-18610708" type="surname" value="BASSETT"/>
<interp inst="def1-556-18610708" type="given" value="DAVID"/>
<hi rend="largeCaps">DAVID BASSETT</hi> (44)</persName>
<rs id="t18610708-556-offence-1" type="offenceDescription">
<interp inst="t18610708-556-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18610708-556-offence-1" type="offenceSubcategory" value="bankrupcy"/>, Unlawfully obtaining goods on credit within three months of his bankruptcy, with intent to defraud.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. METCALFE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">CARTER</hi>
<hi rend="italic">conducted the prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-83" type="witnessName">
<interp inst="t18610708-name-83" type="gender" value="male"/>
<interp inst="t18610708-name-83" type="surname" value="SMITH"/>
<interp inst="t18610708-name-83" type="given" value="THOMAS"/>THOMAS SMITH</persName> </hi>. I am a clerk in the office of the chief Registrar of Bankruptcy—I produce the declaration of insolvency of David Bassett, filed on 17th November (
<hi rend="italic">read</hi>).</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-84" type="witnessName">
<interp inst="t18610708-name-84" type="gender" value="male"/>
<interp inst="t18610708-name-84" type="surname" value="LLOYD"/>
<interp inst="t18610708-name-84" type="given" value="JAMES HODGSON"/>JAMES HODGSON LLOYD</persName> </hi>. I am a solicitor, carrying on business under the firm of Ford and Lloyd, Bloomsbury-square—I was concerned for Mr. Dives, a miller, in this matter, as Mr. Dives' solicitor—I went down with him, on 10th November last, to see Mr. Bassett at Uxbridge—I am the attesting witness to the declaration of insolvency; that declaration was subsequently filed by me in the bankruptcy court—I went to the prisoner for the purpose of seeing what means the prisoner had of meeting Mr. Dives' claim against him, and that was the result of my interview with him on that occasion—I myself filed the declaration at the office of the chief registrar on the 17th—I also, on the same day, filed the petition for adjudication, at the instance of Mr. Thomas Dives—I have the proceedings here—the affidavit was filed at the same time—the adjudication was made on the 19th, by Mr. Commissioner Gonlbourn—I have the bankrupt's examination here—I find a long examina
<lb/>tion on 16th March, and there are other previous examinations, which are all on the proceedings—this is the examination at the certificate meeting—each sheet of the examination is signed by the prisoner—not in my presence, but I speak to his handwriting—the examination was taken in my presence—I have the order for this prosecution, on 11th April, by Mr. Commissioner Goulbourn.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> When did you go down to him with Mr. Dives?
<hi rend="italic">A.</hi> On the 10th; I believe Mr. Dives had not been down the day before—I should think I was probably an hour with the bankrupt—he did not show me all his books—I don't think I saw any of his books—I did not ask to see them—I saw some papers—he made out a list of his creditors I think his debts proved under the bankruptcy were 12,176
<hi rend="italic">l</hi>. 19
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—there were creditors whose debts were secured about 5,000
<hi rend="italic">l</hi>. or 6,000
<hi rend="italic">l</hi>., the Uxbridge Bank, in addition to that; I do not know the exact amount—I believe his good debts were returned at somewhere about 4,000
<hi rend="italic">l</hi>., but not anything like that has been recovered: I believe not more than about 2,000
<hi rend="italic">l</hi>.—I really cannot speak as to the figures—the good debts stated on the balance sheet are 3,400
<hi rend="italic">l</hi>., and doubtful debts over 1,000
<hi rend="italic">l</hi>.; but that is a considerable over-estimate—the property surrendered amounted to nearly 2,000
<hi rend="italic">l</hi>.; the trade expenses are returned at 4,856
<hi rend="italic">l</hi>.; the property held by the creditors is stated here as 7,504
<hi rend="italic">l</hi>., that also is an over-estimate—I think about 3
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. in the pound was paid—the official assignee I think stated that he thought 6
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>. might be realized—I believe he reported that the books had been well kept; the report is not here—I do not know that he stated</p>
<xptr type="pageFacsimile" doc="186107080016"/>
<p>in his report, "I believe the books were well kept;" but I do not know any
<lb/>thing about it—I am not sure whether the report is here or not—I heard it read—I don't think it is here, it was merely made for the information of the commissioner—I do not think it is usual to put it on the proceedings—I see it is here.</p>
<p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> You have been reading those figures I suppose from the balance sheet?
<hi rend="italic">A.</hi> Yes; furnished by the prisoner himself—when that came to be tested, the prospect for the creditors was not quite so good as the balance sheet represented.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-85" type="witnessName">
<interp inst="t18610708-name-85" type="gender" value="male"/>
<interp inst="t18610708-name-85" type="surname" value="DIVES"/>
<interp inst="t18610708-name-85" type="given" value="THOMAS"/>THOMAS DIVES</persName> </hi>. I carry on the business of a miller at Battersea—I am the petitioning creditor under this bankruptcy—I have known the defendant carrying on his business about ten years, as a corn dealer and trader, I believe the amount of my debt at the time of my petition was about 4,200
<hi rend="italic">l</hi>. I cannot say the exact amount; it was over 4,000
<hi rend="italic">l</hi>—I had had transactions with the defendant some years prior to my petition in November last, to a large extent—I have known and dealt with him ten years—on 9th Novem
<lb/>ber last, I received from him a barge load of wheat, 260 quarters—it was brought to me in the prisoner's sacks—he had been in the habit of selling me corn by sample—I always buy by sample—I saw the defendant on 27th August at Mark-lane—he showed me some samples of wheat—I bought 594 quarters of him then, and paid him on that occasion 1,927
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. by cheque—this is it (
<hi rend="italic">produced</hi>)—only twenty-one quarters of that corn was delivered to me—he said the corn was at his place at Uxbridge—I believed that statement when he made it to me—part of it had been delivered at Mr. Kelsey's mill on my account—no; that was not the parcel—on 17th September I saw the de
<lb/>fendant—on that occasion he obtained from me a cheque for 796
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>.—this is the cheque (
<hi rend="italic">producing it</hi>)—that was in respect of 245 quarters of wheat bought on that occasion, the price agreed on was 65
<hi rend="italic">s</hi>. a quarter—the prisoner did not say anything particular in respect of the bulk of that, not at the time I bought it and before I gave him the cheque—I always understood that he had the wheat by him whenever I purchased—if he had not it by him, it was coming in next week, perhaps, what he had bought the previous day or two.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you understand that he had it at that time?
<hi rend="italic">A.</hi> I did not always put the question to him if he had it by him.</p>
<p>
<hi rend="smallCaps">MR. CARTER</hi>.
<hi rend="italic">Q.</hi> Did you ever, on any occasion, knowingly give your cheque unless you believed the wheat was in his warehouse, or that it was represented so?
<hi rend="italic">A.</hi> Certainly; if he had represented that it would be coming in a day or two, although it was not then in his warehouse, it would have made no difference—he expected it to be delivered to him in the course of a day or two—I had samples produced at the time of purchase—those, samples would represent the bulk which he was going to send me—I gave him the cheque on 17th September, in consequence of the wheat I had bought of him—I always paid him when I bought of him—I gave it in payment of the wheat I had bargained for—on 1st of October, I met the defendant in Mark-lane as usual—on that occasion I bought of him 450 quarters—the price per quarter was then 67
<hi rend="italic">s</hi>.—I had not at that time received the accumulation of the previous purchases—I do not think I have received any of that last purchase—I have since made application to him for it, not of that particular parcel—with the exception of twenty-one quarters, I think I have not received any that I bought on 17th and 27th August and 1st October—I received twenty quarters out of that bought on 17th September, and I received forty quarters, I see, before that (
<hi rend="italic">referring to his book</hi>) out of the lot bought on 27th August—that would be sixty-one</p>
<xptr type="pageFacsimile" doc="186107080017"/>
<p>quarters—it was sent in irregularly—I have occasionally asked him if he bad got the wheat all right and safe, and he has said he had—that was after the purchases—I gave him the cheque on 1st October, in consequence of the 450 quarters I bought of him—at the time I used to pay for it I expected he had either got the wheat, or that it was about to be delivered—I know he used to buy wheat at different markets, and it was not always all delivered at his place at the time I paid him—I know that from what he told me at the time.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You said just now that, at the time of each bargain, there was nothing said about where the wheat was?
<hi rend="italic">A.</hi> No; he would bring samples, and say I have bought so and so, or I have so and so to sell—I did not always ask him the question as to where it was—I expected he had got it, or that it was about to be delivered to him.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> I suppose the transactions you have now mentioned were conducted in the same way as your other dealings with him for up
<lb/>wards of ten years?
<hi rend="italic">A.</hi> Yes; just the same—my dealings with him have amounted to about 25,800
<hi rend="italic">l</hi>. per year, upon an average, for the last six years—it has all been delivered to me correctly previous to this—I asked no particular questions on those occasions—it always had been carried out right, and therefore I thought this would—between 27th August and 10th November, I should say there were upwards of 1,000 quarters to be delivered—nearly 2,000—that would be about 5,000
<hi rend="italic">l</hi>. in money—the three sums in question amount to about 4,000
<hi rend="italic">l</hi>.—between 1st October and his bankruptcy, I think I received about 900 quarters from him out of that—there were a great many fluctuations in the prices of corn last year—in April I think I gave him 52
<hi rend="italic">s</hi>., and it went up to 78
<hi rend="italic">s</hi>.—that was, I think, in November—in June I gave him 53
<hi rend="italic">s</hi>., and in October 67
<hi rend="italic">s</hi>.—it was 62
<hi rend="italic">s</hi>. or 63
<hi rend="italic">s</hi>. in August, 65
<hi rend="italic">s</hi>. in September, and 67
<hi rend="italic">s</hi>. in October—the price kept advancing almost every week after 1st October—I know Mr. Nash—I recollect bargaining with him for some wheat, and my saying I would rather it came from Bassett—I saw Bassett in London on the eve of the declaration of insolvency—I think it was on the 9th—he then told me that he had not any more wheat that he could send me—he said that he was in a very wretched state of mind about it—the price of wheat was going up at that time—I told him I thought he had about 1,200 or 1,300 quarters of my wheat to deliver—he asked me to go down to his place and take possession of all he had got—I believe he said, "I wish you to come down to-morrow morning and bring your solicitor with you"—I do not think he said to take possession of all he had—I do not recollect that—I think it likely that he might say so—he seemed in a very distressed state of mind—I think, on one or two occasions, there were one or two little parcels of wheat delivered inferior to sample, and some deduction was made—I did not hear the bankrupt examined—when I purchased a lot of wheat of him it was scarcely ever delivered at one time—it ranged over some interval—I did not go over his books when I went down to his house—he did not show them to me—he showed me a statement that he had—I do not recollect its appearing from that statement that he had sustained losses of nearly 3,000
<hi rend="italic">l</hi>. within the last year.</p>
<p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Did you ever buy any wheat of him without believing that the bulk existed either in his warehouse or in the hands of the farmer with whom he had a contract?
<hi rend="italic">A.</hi> Certainly; I always believed that—I believed that he was able to deliver it either then or at some subsequent time—it was on the 10th that I went down with my solicitor, and it was</p>
<xptr type="pageFacsimile" doc="186107080018"/>
<p>then that the declaration of insolvency was made—the conversation on the 9th was in consequence of his telling me that he had no more wheat for me—I had been pressing him to send wheat faster—he had not been sending it so fast as usual—he had offered me a fresh lot for sale, on 5th November in the same way—by sample—I declined to buy that; and told him I wished to have the wheat he had in hand delivered before I bought any more, in consequence of the price having got up so much.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you always believe that he had the control of the corn you purchased?
<hi rend="italic">A.</hi> Yes; or that he would have it in a short time—I had no distrust—I believed when I bought it that it was in his power to send it to me—I always expected that he had either bought it or had it by him, that he had either contracted for it or had it—I do not think that any of the 2,000 quarters delivered between 27th August and his bankruptcy were upon the contracts that I have been speaking of—I think they were upon previous contracts—some of them were made in June, and there were two or three parcels bought in the beginning of July—notwithstanding the delivery of those 2,000 quarters, I am still left fully 1,200 quarters short—I should say nearly all those undelivered 1,200 quarters are upon the three contracts that I have mentioned. (
<hi rend="italic">The examination of the bankrupt, with reference to his transactions with Mr. Dives, was here put in and read</hi>).</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-86" type="witnessName">
<interp inst="t18610708-name-86" type="gender" value="male"/>
<interp inst="t18610708-name-86" type="surname" value="MERCER"/>
<interp inst="t18610708-name-86" type="given" value="HENRY"/>HENRY MERCER</persName> </hi>. I am a miller, carrying on business at Denham, near Uxbridge—I have been in the habit of dealing with the defendant for some years—I am in the habit of attending Uxbridge-market on Thursdays—on 11th June last, I purchased 200 quarters of wheat from the defendant in Mark-lane, at 68
<hi rend="italic">s</hi>. a quarter—I bought it by sample—in the first instance I bought 200 quarters in the bulk, and on 11th June he offered me 200 quarters of very fine wheat, which I purchased—at that moment, he said it was in the farmer's barn—I was full of wheat at that time, and told him so—I said I did not want it at present, I could not take it, and would he keep it for me—he said it would suit him better; he was in no hurry to deliver it—none of it was delivered up to 10th September—I then saw the defendant again in Mark-lane, and he asked me to give him 400
<hi rend="italic">l</hi>. on account of it—I gave him a cheque for 300
<hi rend="italic">l</hi>.—he said that he had the wheat; that it was all right, all safe; that it was in his possession quite safe—I cannot say the precise words he used; but he said it was quite safe, because I objected to give him so much money on account, he owing me a considerable sum besides; and he said it was quite safe in his possession, that it would be all right, and in good condition—he used the words "in his possession"—perhaps "possession" might not have been the word he used—I think he said it was in his warehouse—I consider that the same—I believed at that time that it was in his warehouse, or in his possession—I gave him the cheque because he said he had the wheat—I told him to deliver 50 quarters of it—he said he would—he did not do so; he only delivered 25, and that he did not deliver till several days after I requested him to do so—he said he was very busy at the time, delivering wheat—I heard of his difficulties on 8th November, and on the 9th I went and saw him at his own house at Uxbridge—I told him I had heard that he was in difficulties, and I wanted to know where my wheat was—he said it was gone, he had not got it—I asked him if he had any wheat of his own that he could substitute for that—he told me he had 41 1/2 quarters which he could let me have—I sent for it to his warehouse at Uxbridge, but did not get it—I got no other than the 25 quarters I have spoken of.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Before 11th June, when you purchased the 200</p>
<xptr type="pageFacsimile" doc="186107080019"/>
<p>quarters, and September, when you gave him the cheque, had the price of wheat gone up very considerably?
<hi rend="italic">A.</hi> Yes; I bought it at 68
<hi rend="italic">s</hi>., and in September I think it was about 74
<hi rend="italic">s</hi>.—I had frequently seen him between 11th June and September—I know that he stated in his examination before the Commissioner that he understood me to ask him for 25 quarters only; but I did ask him for 50—the 25 quarters were sent on 22d September—it was on 9th November that he told me he had 41 1/2 quarters—I sent for that on the following morning, the 10th—it was about 8 o'clock in the evening on the 9th that I saw him—he told me that Mr. Dives had been down—I sent for the wheat at 8 o'clock next morning—between 10th Sep
<lb/>tember and his bankruptcy I had no other transactions with him on his own account—I might have, as a commission man, for wheat that the sold in the market on commission; but I cannot tell whether I had or not—if I had it was farmers' wheat, and I paid for it immediately; but I do not think I had—I have had dealings with him for fifteen years, to the extent of some thousands—it has been 1,500
<hi rend="italic">l</hi>. a year sometimes—I always found him correct up to this time; the wheat was always delivered according to bargain—I had other transactions with him between 11th June and 10th Sep
<lb/>tember—he told me on 11th June that he did not want the money then, that I could give it him when the wheat was delivered—I bought some wheat of him on 28th August, and on 1st September I gave him a cheque for 503
<hi rend="italic">l</hi>.—the 300
<hi rend="italic">l</hi>. that I gave him would pay for about 100 of the 200 quarters that he had sold me, or something under that—I think about 340
<hi rend="italic">l</hi>. would have been the half—the understanding was, that he was to deliver the remainder and to settle my account, which was very considerable—my dealings with him altogether might amount to 50,000
<hi rend="italic">l</hi>., or nearly so—I did not always buy from him in the same way—I always paid immediately on the delivery of the corn—I have not paid before delivery—I might have done so once or twice, but not frequently, certainly—when I saw him on the 19th he appeared in great distress of mind—I am quite sure that he said on 10th September the wheat was in his warehouse, not the farmer's warehouse—I used the term "possession," because I consider being in his possession and in his warehouse synonymous—I am sure he said nothing on 10th Sep
<lb/>tember about the wheat being in the farmer's barn.</p>
<p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Was the corn for which you gave him the cheque for 503
<hi rend="italic">l</hi>. in September, delivered at the same time?
<hi rend="italic">A.</hi> It was a balance of account, and for 50 quarters of wheat and 35 quarters of wheat bought on 28th August; it had nothing whatever to do with the 200 quarters. (
<hi rend="italic">That part of the examination of the bankrupt relating to the transaction with Mr. Mercer was here put in and read.</hi>)</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-87" type="witnessName">
<interp inst="t18610708-name-87" type="gender" value="male"/>
<interp inst="t18610708-name-87" type="surname" value="NASH"/>
<interp inst="t18610708-name-87" type="given" value="JOHN"/>JOHN NASH</persName> </hi>. I am a farmer at Langley, in Buckinghamshire—I have had transactions with the defendant. On 10th October I met him in Uxbridge-market, and sold him 100 quarters of wheat at 72
<hi rend="italic">s</hi>. a quarter—I delivered it on the 11th and 12th; 150 sacks or 75 quarters on the 11th, and 50 sacks or 25 quarters on the 12th—according to the practice I should have been paid for that on the following market-day—I saw the defendant the next market-day, the 18th, and asked him for payment of the 100 quarters of wheat—it was 360
<hi rend="italic">l</hi>.—he said it was not convenient for him then, as he was busy, but if I would call in the afternoon he would pay me—I told him I could not call in the afternoon as I was going down to Weston-super-Mare by the 2 o'clock train—he then said, "Well, I suppose it will do as well if I pay it in to your account at Hull's this afternoon"—I said it would do as well—he had done so several times before—on the following Thursday, 25th</p>
<xptr type="pageFacsimile" doc="186107080020"/>
<p>October, I saw him again—I had not then seen my pass-book—I sold him another 100 quarters of wheat on that occasion at 75
<hi rend="italic">s</hi>., amounting to 385
<hi rend="italic">l</hi>—I delivered 40 quarters of that on 26th October, 40 quarters on the 27th and 20 on the 29th—I did not at that time know that he was in difficulties—I believed he was dealing as a tradesman in the ordinary course of business.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> How long have you been dealing with him?
<hi rend="italic">A.</hi> Fifteen or twenty years—not to a very large amount. (
<hi rend="italic">The bankrupt examination with reference to this transaction was put in and read.</hi>)</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-88" type="witnessName">
<interp inst="t18610708-name-88" type="gender" value="male"/>
<interp inst="t18610708-name-88" type="surname" value="WAY"/>
<interp inst="t18610708-name-88" type="given" value="BENJAMIN HENRY WALPOLE"/>BENJAMIN HENRY WALPOLE WAY</persName> </hi>. I have an estate at Denham, near Uxbridge—I am a member of the Bar—I have been in the habit of dealing with the defendant, and so was my father before me—I placed samples in his hands, leaving him to effect sales, and then deliver according to sample—prior to 2d November I had placed samples of corn in his hands for the purpose of effecting sales for me—that was done through my steward on 2d November—I gave my steward directions about the price—on 3d November I received this letter from the defendant, dated the 2d—(
<hi rend="italic">Read</hi>: "Uxbridge, November 2d, 1860. Sir,—I have sold your wheat at 19
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. the best, and 18
<hi rend="italic">l</hi>. the other; I have sent to your steward about delivering it, as he wished me. D. Basset.")—In consequence of receiving that letter I gave instructions to my steward to deliver the bulk according to the samples—I should not have parted with the bulk unless I had believed the prisoner had sold it for me—the value of it was about 291
<hi rend="italic">l</hi>. I think—I have not received any portion of that, except a dividend of 3
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—part of the corn went to Mr. Kelser's mill, I believe, after the declaration of insolvency, and was ultimately recovered, but not from the prisoner.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> You did get a portion back?
<hi rend="italic">A.</hi> I got the money for a portion of it—I cannot recollect how much; I do not believe it was more than 40
<hi rend="italic">l</hi>.—I was in debt to the defendant, I think about 80
<hi rend="italic">l</hi>. at this time—he ought to have paid me the 291
<hi rend="italic">l</hi>.—I looked to him for the money—I never named to him a price for the wheat except once, and that was in consequence of his having sold it at 2
<hi rend="italic">l</hi>. less than it was worth the time before—he did not pay me the difference—I had named the price on 2d No
<lb/>vember—it was 19
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. and 18
<hi rend="italic">l</hi>., and the letter states he sold it at that price.</p>
<p>
<hi rend="smallCaps">MR. METCALFE</hi>,
<hi rend="italic">Q.</hi> Did you ever part with the bulk unless on a repre
<lb/>sentation from him that he had actually sold it for you?
<hi rend="italic">A.</hi> Never.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-89" type="witnessName">
<interp inst="t18610708-name-89" type="gender" value="male"/>
<interp inst="t18610708-name-89" type="surname" value="CAVE"/>
<interp inst="t18610708-name-89" type="given" value="JOSEPH"/>JOSEPH CAVE</persName> </hi>. I am steward to Mr. Way—on 1st November I attended for him at Uxbridge—I saw the defendant there, and gave him two samples of wheat with instructions to sell one at 19
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., and the other at 18
<hi rend="italic">l</hi>.—he said he thought they were worth it—in former transactions the bulk had been delivered after the report of the sale by him—it was delivered to him—on 3d November I received a communication from him, and sent 75 1/2 quarters for him to Austin's wharf—that is his warehouse—I have the two delivery tickets.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Was that the market price at the time?
<hi rend="italic">A.</hi> Yes; I have been with Mr. Way five years.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-90" type="witnessName">
<interp inst="t18610708-name-90" type="gender" value="male"/>
<interp inst="t18610708-name-90" type="surname" value="GARDNER"/>
<interp inst="t18610708-name-90" type="given" value="GEORGE"/>GEORGE GARDNER</persName> </hi>. I am carman to Mr. Way. On 3d November I de
<lb/>livered 75 quarters of wheat at Mr. Bassett's wharf in Uxbridge—I went to his house and got the delivery tickets signed there. (
<hi rend="italic">The exam
<lb/>nation of the bankrupt with reference to Mr. Way's transaction was put in and rd.</hi>)</p>
<p>
<hi rend="italic">Mr. Justice</hi>
<hi rend="smallCaps">WIGHTMAN</hi>.—
<hi rend="italic">As to the charge with respect to Dives, I think it is</hi> </p>
<xptr type="pageFacsimile" doc="186107080021"/>
<p>
<hi rend="italic">not made out—it does not come within the Bankrupt Act, and the false pretences are not supported. As to Mercer's case, the goods are obtained more than three months from the filing of the petition, therefore there is no offence under the Bankrupt Act, the question will be whether he obtained the</hi> 300
<hi rend="italic">l</hi>.
<hi rend="italic">by false pretences; and as to the case of Way, it is one of false pretences or nothing—he does not obtain on credit. With respect to Nash's case, there is no false pretence; but the Bankrupt Act does come into operation there, and in that case only.</hi> </p>
<p>
<hi rend="italic">Several witnesses deposed to the prisoner's excellent character for many years.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18610708-556-verdict-1" type="verdictDescription">
<interp inst="t18610708-556-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18610708-556-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18610708-557">
<interp inst="t18610708-557" type="uri" value="sessionsPapers/18610708"/>
<interp inst="t18610708-557" type="date" value="18610708"/>
<join result="criminalCharge" id="t18610708-557-charge-1" targOrder="Y" targets="def1-557-18610708 t18610708-557-offence-1 t18610708-557-verdict-1"/>
<p>557.
<persName id="def1-557-18610708" type="defendantName">
<interp inst="def1-557-18610708" type="gender" value="male"/>
<interp inst="def1-557-18610708" type="age" value="19"/>
<interp inst="def1-557-18610708" type="surname" value="SMITH"/>
<interp inst="def1-557-18610708" type="given" value="THOMAS JOHN"/>
<hi rend="largeCaps">THOMAS JOHN SMITH</hi> (19)</persName>
<rs id="t18610708-557-offence-1" type="offenceDescription">
<interp inst="t18610708-557-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18610708-557-offence-1" type="offenceSubcategory" value="mail"/>, Stealing, whilst employed in the Post Office, two post letters, containing 2 bills of exchange for 22
<hi rend="italic">l</hi>. and 15
<hi rend="italic">l</hi>., and 2 orders for payment of 2
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>. and 32
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>., the property of
<persName id="t18610708-name-92" type="victimName">
<interp inst="t18610708-name-92" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18610708-557-offence-1 t18610708-name-92"/>her Majesty's Postmaster-General</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. CLERK</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">METCALFE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-93" type="witnessName">
<interp inst="t18610708-name-93" type="gender" value="male"/>
<interp inst="t18610708-name-93" type="surname" value="CROWTHER"/>
<interp inst="t18610708-name-93" type="given" value="WILLIAM"/>WILLIAM CROWTHER</persName> </hi>. I am clerk to Messrs. Roberts, of Manchester. On 19th June last, I enclosed in a letter a bill of exchange for 15
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>., a second bill for 22
<hi rend="italic">l</hi>., and a cheque for 2
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>.—after securing the envelope I addressed it to Mr. John Patterson, 104, Wood-street, Cheapside, and gave it to John Roberts, a boy in our employment, to post—this is the bill of exchange for 22
<hi rend="italic">l</hi>. (
<hi rend="italic">produced</hi>) which I enclosed in the letter.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-94" type="witnessName">
<interp inst="t18610708-name-94" type="gender" value="male"/>
<interp inst="t18610708-name-94" type="surname" value="ROBERTS"/>
<interp inst="t18610708-name-94" type="given" value="JOHN"/>JOHN ROBERTS</persName> </hi>. I am in the employ of Messrs Roberts, of Manchester—I posted the letters that were given to me by Crowther, on 19th June, to go off by that night's post.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-95" type="witnessName">
<interp inst="t18610708-name-95" type="gender" value="male"/>
<interp inst="t18610708-name-95" type="surname" value="GOOLDEN"/>
<interp inst="t18610708-name-95" type="given" value="REGINALD FLETCHER"/>REGINALD FLETCHER GOOLDEN</persName> </hi>. I am one of the firm of Bonser and Goolden, manufacturers, at Manchester. On 19th June I enclosed in a letter a cheque for 32
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. in favour of Mr. John Patterson—I fastened the envelope, and addressed it to Mr. John Patterson, 104, Wood-street, Cheap
<lb/>side, and gave it to Edward Kay to take to the post-office.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-96" type="witnessName">
<interp inst="t18610708-name-96" type="gender" value="male"/>
<interp inst="t18610708-name-96" type="surname" value="KAY"/>
<interp inst="t18610708-name-96" type="given" value="EDWARD"/>EDWARD KAY</persName> </hi>. I am in the service of Messrs. Bonser and Goolden. On 19th June, at half-past 7, I posted the letters that were given to me by Mr. Goolden—I noticed amongst the others a letter to Mr. Patterson.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-97" type="witnessName">
<interp inst="t18610708-name-97" type="gender" value="male"/>
<interp inst="t18610708-name-97" type="surname" value="NOTT"/>
<interp inst="t18610708-name-97" type="given" value="JAMES"/>JAMES NOTT</persName> </hi>. I am a clerk in the Manchester post-office—letters posted at Manchester at half-past 7 in the evening for London are despatched that evening—letters for Wood-street, Cheapside, are made up for the Eastern Central district.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-98" type="witnessName">
<interp inst="t18610708-name-98" type="gender" value="male"/>
<interp inst="t18610708-name-98" type="surname" value="DILLEANEY"/>
<interp inst="t18610708-name-98" type="given" value="JOHN"/>JOHN DILLEANEY</persName> </hi>. I am an inspector of letter-carriers at the General post
<lb/>office—letters posted at Manchester on the evening of 19th June would be delivered at the chief office on the following morning about 5 o'clock—Wood-street is in the Eastern Central district—on the morning of 20th June the prisoner was employed as a letter carrier at the General Post-office—he had to deliver letters on that morning in Wood-street, Cheapside—Mr. Patterson's letters are delivered at Truman and Hitchcock's, nearly opposite his warehouse—the prisoner was not present at the post-office on Monday morning, 24th June—he had not leave of absence—he was absent a whole week—I did not see him again till he was in custody at Bow-street.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-99" type="witnessName">
<interp inst="t18610708-name-99" type="gender" value="male"/>
<interp inst="t18610708-name-99" type="surname" value="MORTON"/>
<interp inst="t18610708-name-99" type="given" value="JOSEPH"/>JOSEPH MORTON</persName> </hi>. I am warehouseman to Mr. John Patterson, of 104, Wood-street, Cheapside—letters addressed to him are left at Messrs. Truman and Hitchcock's in the morning—those letters are always brought to me—I open them—among the letters that were brought to me on 20th June there was not one from Mr. Roberts of Manchester, containing a bill for 22
<hi rend="italic">l</hi>., or one from Messrs. Bonser and Goolden, containing a cheque for 32
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Did you send for letters to Truman and Hitchcock's from</p>
<xptr type="pageFacsimile" doc="186107080022"/>
<p>the 13th to the 20th.
<hi rend="italic">A.</hi> We always sent; we sent then—the boy calls there every morning—he called every morning that week, and took the letters every morning—you asked me if the boy called, and I told you "Yes."</p>
<p>
<hi rend="italic">Prisoner.</hi> I put some letters under your door one morning, and a certain party took them out afterwards, that was on Thursday morning. Witness, I do not know anything about that.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-100" type="witnessName">
<interp inst="t18610708-name-100" type="gender" value="male"/>
<interp inst="t18610708-name-100" type="surname" value="CARPENTER"/>
<interp inst="t18610708-name-100" type="given" value="SYDNEY HOOPER"/>SYDNEY HOOPER CARPENTER</persName> </hi>. I am in the employ of Mr. John Patterson, 104, Wood-street, Cheapside—I fetched his letters of a morning from Messrs. Truman and Hitchcock's nearly opposite—Mr. Patterson's office is down a court with gates at the end—the gates are fastened at that time in the morning, and the letters are left at Truman and Hitchcock's—I went there on the morning of 20th June, to fetch the letters, but whether there were any there I can't say—I go every morning—the letters are left on the counter, and any letters that are given me I take to Mr. Morton.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Did you go that week at all to Messrs. Truman and Hitch
<lb/>cock's?
<hi rend="italic">A.</hi> Every morning—I got letters several mornings in that week—some were in the box, and some at Truman and Hitchcock's.</p>
<p>
<hi rend="smallCaps">MR. CLERK</hi>.
<hi rend="italic">Q.</hi> What box are you speaking of?
<hi rend="italic">A.</hi> A box at our door—you cannot get to that box in the morning when the gate is closed—I have to go to Truman and Hitchcock's for the first delivery in the morning.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Are the gates open sometimes?
<hi rend="italic">A.</hi> I cannot say that; I have never seen them open.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-101" type="witnessName">
<interp inst="t18610708-name-101" type="gender" value="male"/>
<interp inst="t18610708-name-101" type="surname" value="FITZGIBBON"/>
<interp inst="t18610708-name-101" type="given" value="JOHN"/>JOHN FITZGIBBON</persName> </hi>. I live at 21, Sun-street, Russell-street, Bermondsey, S.W., and am a public messenger stationed at the corner of Lothbury—I know the prisoner as being in the service of the Post Office—I remember his coming to me on the morning of 22d June, about 10 o'clock—he gave me a cheque for 22
<hi rend="italic">l</hi>. on Prescott and Co. and one for 32
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. on Smith, Payne, and Smith—these are them (
<hi rend="italic">produced</hi>)—I don't know the difference between a cheque and a bill of exchange—the prisoner told me first to go to Prescott's bank and sign the name of "J. Smith" when I got the money, and to receive the money in gold; after that I was to go to Smith, Payne, and Smith's to receive money also—I took the cheque to Prescott's, and signed the name of "John Smith"—this is my signature (
<hi rend="italic">referring to the cheque</hi>)—the prisoner told me when I got the money to bring it to him at the corner of Wood-street and Gresham-street—I went to Smith, Payne, and Smith's, and they told me that the cheque could not be cashed there, it must be cashed at Manchester—I got no money there—I got 22
<hi rend="italic">l</hi>. in gold at Prescott's bank—I then went back to the prisoner, and found him at the corner of Wood-street and Gresham-street—I gave him back the cheque and the money, and asked him to count it—he said there was no occasion—I do not know what he did with the cheque—he took it from me—he then gave me half-a-crown, and I lost sight of him altogether—he was not in his post-office dress at the time—he had on the same dress as he has now, with a Scotch cap, and a flower in his coat—I knew him before—I have no doubt he is the person who gave me the cheque—he said he was going to get a situation, from some gentleman, out of the Post Office—at the time he gave me this bill and cheque I considered he was some gentleman's bearer—at the time he gave them to me, he said they were his master's, who was ill.</p>
<p>
<hi rend="italic">Prisoner.</hi> I was nowhere near Wood-street at half-past 10 that morning—I had been sent somewhere else with some jewellery, to King's-square.</p>
<p>
<hi rend="smallCaps">MR. CLERK</hi>.
<hi rend="italic">Q.</hi> How soon after he gave you the two cheques, as you call them, did you go to Prescott's bank?
<hi rend="italic">A.</hi> About five minutes afterwards—I ran there from Lothbury.</p>
<xptr type="pageFacsimile" doc="186107080023"/>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-102" type="witnessName">
<interp inst="t18610708-name-102" type="gender" value="male"/>
<interp inst="t18610708-name-102" type="surname" value="BARTON"/>
<interp inst="t18610708-name-102" type="given" value="BARNARD"/>BARNARD BARTON</persName> </hi>. I am cashier at Messrs. Prescott's and Grote's bank, in Threadneedle-street—on 22d June, about half-past 10, last witness came to the bank and produced this bill of exchange to be cashed—I told him to receipt it, and he wrote the name of "John Smith"—I put the word "receipted" myself, as I saw he had a difficulty in holding the paper with his arm—I paid him in gold—I might have put it in a bag, but I do not recollect.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-103" type="witnessName">
<interp inst="t18610708-name-103" type="gender" value="male"/>
<interp inst="t18610708-name-103" type="surname" value="SMEE"/>
<interp inst="t18610708-name-103" type="given" value="WILLIAM"/>WILLIAM SMEE</persName> </hi>. I am an officer attached to the General Post-office—I took the prisoner into custody at his lodgings in Aldersgate-street, about 1 o'clock on the morning of Monday, the 1st July—I had been there pre
<lb/>viously—I first went on Wednesday, the 26th, and again on Friday and Saturday, but he was not there on either of those days—I took him. to the Post Office on 1st July—when I took him about 10 o'clock, he was asked if be knew what the charge was against him—he said, "No"—he was told that he was charged with stealing this bill out of a letter—the bill was then on the table—he said, "I know nothing of the letter, nor yet the bill"—I then called in the messenger, Fitzgibbon, and he was asked, in the presence of the prisoner, whether he was the man who gave him the bill—Fitzgibbon said, "Yes; he is the man who gave me the bill and asked me to get gold for it"—the prisoner said, "Yes; I gave him the bill and received the money, but I did not steal the letter"—he said, "I met a man that morning," meaning Saturday morning, "in Wood-street, who told me that I had delivered three letters wrong, and he broke them open and found this bill, and asked me to get it cashed"—that he said he could not do that, but be should go to the chief office and report him for breaking the letters open—the gentleman then said, "You must not do that, you must go and get this cashed, or send a messenger, if not, I shall lose my place;" and he took the bill from the gentleman and gave it to Fitzgibbon to get it changed—he then received the money and took it to the gentleman, who gave him 5
<hi rend="italic">l</hi>. for his trouble—the prisoner was then asked if he knew who this gentle
<lb/>man was—he said he did not know his name, or where he lived, he had seen him before, and he believed him to be a commercial man—as I was taking him to the police-station, he said, "If I had known this, I would not have been here; but I know there are three of us in the mess, and I was so miserable yesterday, when I was down at my father's, that I thought I would come back and chance it"—I then said, "If there are three of you in the mesa, who are the other two?"—he said, "I shall not tell you now; you will know before my trial."</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-104" type="witnessName">
<interp inst="t18610708-name-104" type="gender" value="male"/>
<interp inst="t18610708-name-104" type="surname" value="DILLEANEY"/>
<interp inst="t18610708-name-104" type="given" value="JOHN"/>JOHN DILLEANEY</persName> </hi> (
<hi rend="italic">re-examined</hi>). I remember sending the prisoner with a jeweller's packet, addressed to a jeweller, to King's-square, which he had delivered at Wood-street, but I cannot say what morning it was—it was about ten minutes' past 10, because I had to wait till he came with his 10 o'clock collection.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> Fitzgibbon said that he gave me the money in Wood-street at half-past 10 o'clock; Mr. Dilleaney sent me on a message to King's-square; I left the office, and when I got outside, I met a policeman, and he was with me from ten minutes past 10 till ten minutes past 11; so I was not near Wood-street at that time—I told Fitzgibbon that I was going to the Cape of Good Hope with another man, which I was; I had my private coat on when I gave him the money—he says I said I was employed by another man, which I never mentioned; I was to give him 2
<hi rend="italic">l</hi>. for cashing the cheque, which he had; he says he only had half-a-crown; I was to have</p>
<xptr type="pageFacsimile" doc="186107080024"/>
<p>5
<hi rend="italic">l</hi>. myself; I did not steal the letters, and did not take the cheque out of the letters; I had the cheque given to me to get it cashed.</p>
<p>
<hi rend="smallCaps">
<rs id="t18610708-557-verdict-1" type="verdictDescription">
<interp inst="t18610708-557-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610708-557-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18610708-557-punishment-12" type="punishmentDescription">
<interp inst="t18610708-557-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18610708-557-punishment-12" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-557-18610708 t18610708-557-punishment-12"/>Four Years' Penal Servitude.</rs> </hi> </p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, July</hi> 9
<hi rend="italic">th</hi>, 1861.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>—Mr.
<hi rend="smallCaps">BARON BRAMWELL</hi>; Mr. Ald.
<hi rend="smallCaps">ROSE</hi>, and Mr. Ald.
<hi rend="smallCaps">GABRIEL</hi>.</p>
<div1 type="trialAccount" id="t18610708-558">
<interp inst="t18610708-558" type="uri" value="sessionsPapers/18610708"/>
<interp inst="t18610708-558" type="date" value="18610708"/>
<join result="criminalCharge" id="t18610708-558-charge-1" targOrder="Y" targets="def1-558-18610708 t18610708-558-offence-1 t18610708-558-verdict-1"/>
<join result="criminalCharge" id="t18610708-558-charge-2" targOrder="Y" targets="def2-558-18610708 t18610708-558-offence-1 t18610708-558-verdict-1"/>
<p>558.
<persName id="def1-558-18610708" type="defendantName">
<interp inst="def1-558-18610708" type="gender" value="male"/>
<interp inst="def1-558-18610708" type="age" value="45"/>
<interp inst="def1-558-18610708" type="surname" value="DURDIN"/>
<interp inst="def1-558-18610708" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN DURDIN</hi> (45)</persName>, and
<persName id="def2-558-18610708" type="defendantName">
<interp inst="def2-558-18610708" type="gender" value="male"/>
<interp inst="def2-558-18610708" type="age" value="50"/>
<interp inst="def2-558-18610708" type="surname" value="HOLCROFT"/>
<interp inst="def2-558-18610708" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES HOLCROFT</hi> (50)</persName>
<rs id="t18610708-558-offence-1" type="offenceDescription">
<interp inst="t18610708-558-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18610708-558-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, Stealing the sums of 142
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>., 160
<hi rend="italic">l</hi>., and 60
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>., 6
<hi rend="italic">d</hi>. the property of
<persName id="t18610708-name-107" type="victimName">
<interp inst="t18610708-name-107" type="gender" value="male"/>
<interp inst="t18610708-name-107" type="surname" value="HUNTER"/>
<interp inst="t18610708-name-107" type="given" value="MARK"/>
<join result="offenceVictim" targOrder="Y" targets="t18610708-558-offence-1 t18610708-name-107"/>Mark Hunter</persName>, one of the public officers of the Commercial Bank, in his dwelling-house.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. GIFFARD, POLAND</hi>, and
<hi rend="smallCaps">H. GIFFARD</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-108" type="witnessName">
<interp inst="t18610708-name-108" type="gender" value="male"/>
<interp inst="t18610708-name-108" type="surname" value="SLANN"/>
<interp inst="t18610708-name-108" type="given" value="JOHN"/>JOHN SLANN</persName> </hi>. (
<hi rend="italic">The evidence of this witness given on the former trial, see page 118, was read over to him, to which he assented.</hi>)</p>
<p>
<hi rend="smallCaps">MR. POLAND</hi>.
<hi rend="italic">Q.</hi> Are these (
<hi rend="italic">produced</hi>) the three calendars?
<hi rend="italic">A.</hi> Yes; the his casting of 30,000
<hi rend="italic">l</hi>. is in Durdin's figures.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BESLEY</hi> (
<hi rend="italic">for Durdin). Q.</hi> I believe it is the duty of all the clerks to honour cheques over the counter?
<hi rend="italic">A.</hi> Not more than two—there are two cashiers, and when one was away it was the duty either of Mr. Holl or myself, before the discovery of the fraud, to take the cashier's place—generally speaking, there were only two clerks who honoured cheques: but if one was out of the way, another clerk might assist—a clerk honouring a cheque over the counter, has the means of referring to the calendars or the ledger, to see whether the account is over
<lb/>drawn; he would there see whether the person who had drawn a cheque, had a balance to his credit, unless it was not cleared; but if the amount had been paid in bank notes or gold, the cheque would be paid at once—each clerk as he pays a cheque makes an entry, in the paying-book, of the details—he enters the name, the amount, and how he paid it—it would not invariably happen that the same person who paid the cheque made the entry, because on Saturday, when the bank is very full, another person might assist; but the usual course is for the same hand which pays the money to make the entry—accounts are occasionally overdrawn by the authority of the manager—I know of instances of clerks paying cheques for which there are no effects in the bank—the usual course in that instance is to write to the party to rectify the error as soon as possible—I do not remember any instance where the error has been unable to be rectified.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-109" type="witnessName">
<interp inst="t18610708-name-109" type="gender" value="male"/>
<interp inst="t18610708-name-109" type="surname" value="CHAUNCEY"/>
<interp inst="t18610708-name-109" type="given" value="CHARLES ARTHUR WILLIAM"/>CHARLES ARTHUR WILLIAM CHAUNCEY</persName> </hi>. (
<hi rend="italic">This witness's evidence was read over to him from the notes of the last trial, to which he assented</hi>).</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Did not you say that Durdin told you he had made
<hi rend="italic">bond fide</hi> advances to Holcroft, and that Holcroft was largely in his debt?
<hi rend="italic">A.</hi> I understood that the 6,000
<hi rend="italic">l</hi>. of bills represented advances to Holcroft—I understood him that he had lent money to Holcroft, and that Holcroft was his debtor—when Holcroft was brought into the room in the bank, I probably addressed him, and said, "I suppose you know what your position is, "or something to that effect—I think it is on the Judge's notes; to which he, I think, replied, "I am quite prepared to give you an explanation of how I became acquainted with Durdin"—I am not prepared to say that he said so in so many words, but that was the substance—I asked him for no explanation—I told him that I required no information—I refused it—I understood Durdin to say that he accom
<lb/>plished</p>
<xptr type="pageFacsimile" doc="186107080025"/>
<p>this fraud by making use of his own account, and also Holcroft's—there was a person named Joel, who had an account, and also a person named Etches—the accounts of Joel and Etches have not been the subjects of inquiry by me—the accounts that Durdin is accused of having tampered with, have been investigated—Durdin had not generally the power to make entries in the cash-book, and in the calendar, and cheque one against the other with himself—he had not the power to do so if he pleased; only under express orders—he was a ledger keeper, but was not the cashier—you are speaking of the cash-book—if he receives money at the counter and enters it in the cash-book, he would carry it into the ledger—that would be the next entry.</p>
<p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> Explain the nature of the operations upon those gentlemen's accounts?
<hi rend="italic">A.</hi> I only know it second-hand—I do not believe that Joel or Etches were falsely credited, but I do not speak from my own knowledge, only from what I have heard in Court during the former trial, and from the accountants when they were at work on the books.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-110" type="witnessName">
<interp inst="t18610708-name-110" type="gender" value="male"/>
<interp inst="t18610708-name-110" type="surname" value="PRICE"/>
<interp inst="t18610708-name-110" type="given" value="ROBERT STACEY"/>ROBERT STACEY PRICE</persName> </hi>. (
<hi rend="italic">The evidence of this witness given on the former trial was read over, to which lie assented.</hi>)</p>
<p>
<hi rend="smallCaps">MR. POLAND</hi>.
<hi rend="italic">Q.</hi> Are these (
<hi rend="italic">produced</hi>) the six promissory notes you spoke of as signed by Holcroft?
<hi rend="italic">A.</hi> They are, and these are the fourteen cheques—on the fame occasion that Durdin gave them to me, I received seven other promissory notes drawn by D.A. Ramsay, on 31st January, 1861; the total amount of them is 3,089
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>.—Durdin at the same time gave me this letter (
<hi rend="italic">produced</hi>)—he said that this agreement was a settle
<lb/>ment of a debt of Ramsay's, an agreement which he had entered into for the future. (
<hi rend="italic">A letter and envelope were here produced, which Mr. Chauncey stated were in Durdin's writing</hi>)—Durdin was not more a confidential clerk than any other clerk—his duties were not of a very responsible character.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BESLEY</hi>.
<hi rend="italic">Q.</hi> Can you tell us when you first read the agreement?
<hi rend="italic">A.</hi> At the time I received it from Durdin—I said nothing about it on the last occasion—Ramsay's matters were not inquired into at all—his name was not mentioned in my examination—Durdin sent down the particulars of the mortgage through Mr. Ramsay on the Monday or Tuesday following—no charge has been made against Ramsay by the Commercial Bank—Durdin endorsed the promissory notes of Holcroft, at my request—it was on the 15th that I went to Durdin, and he was appre
<lb/>hended a few days, or it may be a week afterwards—I do not know what family he has; only from hearsay—his, was a very comfortable respectable house, of medium size—I do not know the salary that each clerk receives, but I inquired immediately afterwards what salary Durdin received—the Directors audit the accounts once every quarter, and call over all the bills—there are not regular auditors on the part of the shareholders.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Durdin has been ten years in the bank as ledger keeper: he was a person who had the respect and esteem of everybody in the bank?
<hi rend="italic">A.</hi> Yes; there was no imputation against him whatever—he produced these securities in answer to my inquiry what property he had belonging to the bankrupt—he produced them as property—he said that Ramsay was the agent through whom the money had been expended, and that he was a builder.</p>
<p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> The bank have declined to accept that property I believe?
<hi rend="italic">A.</hi> Yes; they considered that it was mortgaged up to the very extent that it was worth.
<hi rend="italic">Letter read</hi>—"London, 10th February, 1861. Sir,—The property in houses of which I spoke last night, consists of forty-one</p>
<xptr type="pageFacsimile" doc="186107080026"/>
<p>leasehold houses in the neighbourhood of Westbourne
<lb/>terrace, nearly finished, and not quite all let; but the present rentals cover the interest on mortgage and ground rent, leaving about 500
<hi rend="italic">l</hi>. to spare—when the first leases are out, they will let at a considerable advance as they have been already let in an unfinished neighbourhood—the property is mortgaged for 32,170
<hi rend="italic">l</hi>., the present rental is 2,633
<hi rend="italic">l</hi>., the interest and ground rent 2,130
<hi rend="italic">l</hi>.—the estimated gross rental will be 4,897
<hi rend="italic">l</hi>.—there are also twelve houses in the country unencumbered, producing 188
<hi rend="italic">l</hi>. a year—I can also, if allowed, make up 400
<hi rend="italic">l</hi>. or 500
<hi rend="italic">l</hi>. a year in addition—I have about 10,000
<hi rend="italic">l</hi>. in bills and cheques, which will eventually be money—now if the Directors will advance me the money on my P.N. or otherwise, to clear off, and take what I have as security, that may save me, if not—but no, it is too horrible to contem
<lb/>plate for my family—if my family can be spared the disgrace, I don't ask more than necessities for them; all the rest shall be devoted towards extinguishing my debt with gratitude—I would have sent some one to you on my behalf, but I pray that I may be spared the pain of third parties' knowledge—I am, Sir, in great affliction, John Durdin. To C.A.W. Chauncey, Esq., 6, Henrietta-street, Covent-garden.")</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-111" type="witnessName">
<interp inst="t18610708-name-111" type="gender" value="male"/>
<interp inst="t18610708-name-111" type="surname" value="'KENZIE"/>
<interp inst="t18610708-name-111" type="given" value="ROBERT"/>ROBERT M 'KENZIE</persName> </hi> (
<hi rend="italic">Police-inspector, F</hi>). (
<hi rend="italic">The evidence of this witness given on the former trial was read over to him, to which he assented.</hi>)</p>
<p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> Why did you take Holcroft to Mr. Chauncey?
<hi rend="italic">A.</hi> On the night previous I had received information, and took him there that Mr. Chauncey might charge him in the ordinary way—Mr. Chauncey said, "What have you brought him here for?" but I could not charge him myself with felony—when I went to Holcroft's house, Ramsay came in while I was there—this (
<hi rend="italic">produced</hi>) is one of the account books that I found—it contains my initials, and the date upon which I took it.</p>
<p>
<hi rend="italic">Cross-examined by</hi> Mr.
<hi rend="smallCaps">SLEIGH</hi>.
<hi rend="italic">Q.</hi> There were some other bills of exchange, I believe, at the bottom of the bag?
<hi rend="italic">A.</hi> Yes; there are other papers which I have not produced, if you wish to see them—there are several papers which I found on Durdin which have not been produced, but they have no relation to Holcroft at all—I do not recollect a conversation between Holcroft and Mr. Chauncey in which he offered to give an explana
<lb/>tion; but I was not there all the while—I took him to the bank, and was close to him the whole of the time—if Mr. Chauncey says that he offered to give an explanation, I am afraid that is a mistake—I heard Mr. Chauncey say so to-day, but I was present all the time, and am quite clear that it did not take place—it was I that said, "Probably he will give you every explanation"—I do not know whether Mr. Chauncey dreamt it, but it did not take place in my presence, and I can give you a reason for it—I cannot say whether Mr. Chauncey was present with Durdin at the police station, when I was not—I sent for him to the bank, and he came to the police station—I took Holcroft to the bank prior to taking him to the police station, but neither at the bank nor at the station did that conversation take place—I left the station after Holcroft was taken there, after the conversation which his Lordship read, and I went to Holcroft's house—on the way to the station I asked Holcroft if he hadany explanation to give, and said, "Now is the time"—he said that other persons had paid money in to his account—I asked him who they were, and he gave me no answer—by that time I got to the station with him, and the conversation ceased.</p>
<p>
<hi rend="italic">Holcroft.</hi> I said nothing of the kind; the whole of this is incorrect.</p>
<p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> Where was it you asked who the gentleman was that he was in partnership with?
<hi rend="italic">A.</hi> In the station—Mr. Chauncey was present</p>
<xptr type="pageFacsimile" doc="186107080027"/>
<p>then—that is the only question I put to him at the station—he answered, "I do not think I ought to tell you that"</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-112" type="witnessName">
<interp inst="t18610708-name-112" type="gender" value="male"/>
<interp inst="t18610708-name-112" type="surname" value="WATSON"/>
<interp inst="t18610708-name-112" type="given" value="THOMAS"/>THOMAS WATSON</persName> </hi>. (
<hi rend="italic">The evidence of this witness, given on the former trial, was read over, to which he assented.</hi>)</p>
<p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> Is this (
<hi rend="italic">produced</hi>) the list of creditors?
<hi rend="italic">A.</hi> Yes.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> You were asked a question on the former trial, and said you could not ascertain that he was doing a good trade, and so forth; is there anything by which you know where any considerable sum has gone; did you trace any speculative transactions?
<hi rend="italic">A.</hi> None whatever—I did not go to the Bankruptcy Court—the private arrangement fell to the ground, but I got his protection for him when I filed that—I compiled the list of creditors, filed it, and got him his protection—I filed it so that I might write to the creditors.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You say he seemed to be doing a good business?
<hi rend="italic">A.</hi> Yes—I cannot tell where the money has gone—his books only showed the receipt of goods which came in—I merely saw the creditor ledger—for anything I know there might have been some bad debts or losses.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-113" type="witnessName">
<interp inst="t18610708-name-113" type="gender" value="male"/>
<interp inst="t18610708-name-113" type="surname" value="WRIGHT"/>
<interp inst="t18610708-name-113" type="given" value="JOHN"/>JOHN WRIGHT</persName> </hi>. (
<hi rend="italic">The evidence of this witness, given on the former trial, was read over to him, to which he assented.</hi>)</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-114" type="witnessName">
<interp inst="t18610708-name-114" type="gender" value="male"/>
<interp inst="t18610708-name-114" type="surname" value="PAUL"/>
<interp inst="t18610708-name-114" type="given" value="JOHN"/>JOHN PAUL</persName> </hi>. (
<hi rend="italic">The evidence of this witness, given on the former trial, was read over to him, to which he assented.</hi>)</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Did you go thoroughly through Holcroft's accounts?
<hi rend="italic">A.</hi> I did; they presented to my professional eye the ordinary accounts of a man carrying on business—there were the usual hooks employed, ledgers, bill-books, and other books—I ascertained in the course of my investigation, that he had, at various times, made bad debts—I had to prepare a statement of bad debts to be submitted to the Secretary of the London Joint Stock Bank, before I could get their consent to the composition—he has lost several thousand pounds—my investigation of the hooks extended over about ten years—the debits and credits amounted to several thousand pounds in the whole—I cannot give you the amount per annum—a person named Gardner was the principal creditor—his account alone, as far as my memory serves me, was 4,000
<hi rend="italic">l</hi>. or 5,000
<hi rend="italic">l</hi>. per annum, irrespective of the other persons with whom he traded—the trading with Gardner extended over several years—the amount of bad debts was about 12,000
<hi rend="italic">l</hi>.</p>
<p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> What period did your investigation extend over?
<hi rend="italic">A.</hi> Nine or ten years—I had to go back that date to satisfy the London Joint Stock Bank.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did he seem to be doing a good trade?
<hi rend="italic">A.</hi> Yes—all the hooks bear evidence that he did a large trade—I did not prepare a profit and loss account; but the principal losses were the bad debts—I discovered them by going through the ledger, and I referred to Holcroft himself—the average amount of bad debts was about 12,000
<hi rend="italic">l</hi>. (
<hi rend="italic">Looking at a memorandum</hi>)—he owed 4,147
<hi rend="italic">l</hi>., and his deficiency was 3,200
<hi rend="italic">l</hi>.—the result of that would be, that he must have lost and paid 9,000
<hi rend="italic">l</hi>. out of profits and out of assets—if his bad debts were 12,000
<hi rend="italic">l</hi>. and his deficiencies 3,200
<hi rend="italic">l</hi>. supposing he had started with nothing and had got nothing left, he must, in that case, have made 9,000
<hi rend="italic">l</hi>. of profits in the interim, or had 9,000
<hi rend="italic">l</hi>. lent him, or something of that kind—I do not know how that was, as I did not prepare a profit and loss account showing the profits on the sales.</p>
<p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> Did you see any cash-account?
<hi rend="italic">A.</hi> No; but there is the banker's book—throughout the whole of the books Durdin's and</p>
<xptr type="pageFacsimile" doc="186107080028"/>
<p>Ramsay's names did not appear—I last saw these books about October—I had not the gross amount of bad debts carried out—I left the statement with the Secretary of the London Joint Stock Bank—you can take this as proximately correct.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-115" type="witnessName">
<interp inst="t18610708-name-115" type="gender" value="male"/>
<interp inst="t18610708-name-115" type="surname" value="LITTLE"/>
<interp inst="t18610708-name-115" type="given" value="EDWARD"/>EDWARD LITTLE</persName> </hi>. I am cashier at the Henrietta-street branch of the Commercial Bank—I cashed a cheque for 142
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>., drawn by James Hol-croft and Co.—I have not got the cheque here, merely a memorandum—I paid it with a 100
<hi rend="italic">l</hi>. note, No. 26,188, dated 19th May, 1860, two 20
<hi rend="italic">l</hi>. notes, 71,853 and 71,865, both dated 21st June, 1860, and 2
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. in money—on 3d January, 1861, I paid a cheque for 30
<hi rend="italic">l</hi>., drawn by Holcroft and presented by the Union Bank of London—it was part of the sum of 81
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>. presented by that bank—I paid it by a cheque on our city office, the bank in Lothbury.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Can you tell me who presented the first cheque?
<hi rend="italic">A.</hi> I cannot.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BESLEY</hi>.
<hi rend="italic">Q.</hi> Can you tell me whether any other cheque was presented that day?
<hi rend="italic">A.</hi> I can, by reference to the ledgers—there were two cheques paid on 3d January, 30
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. and 30
<hi rend="italic">l</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-116" type="witnessName">
<interp inst="t18610708-name-116" type="gender" value="male"/>
<interp inst="t18610708-name-116" type="surname" value="BRAHAM"/>
<interp inst="t18610708-name-116" type="given" value="LEWIS HENRY"/>LEWIS HENRY BRAHAM</persName> </hi>. I am a solicitor, of 12, Furnival's Inn—I had an acceptance of Holcroft's for 144
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>. drawn by Freen and Co.—Freen is Mr. Ramsay; he trades as "Freen and Co."—it is dated 10th May, and became due on 13th December—it was discounted by me, but not for the deposit bank—it was not paid when due, and I commenced an action a writ was issued and judgment signed on 29th September, 1860—on 4th October the amount of the debt and costs, 149
<hi rend="italic">l</hi>., was paid to me by Mr. Ramsay, with, I think, a 100
<hi rend="italic">l</hi>. note, two 20
<hi rend="italic">l</hi>. notes, and the rest in cash; whatever it was I paid it in to my account with the London and Westminster Bank on the following day.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-117" type="witnessName">
<interp inst="t18610708-name-117" type="gender" value="male"/>
<interp inst="t18610708-name-117" type="surname" value="DYSON"/>
<interp inst="t18610708-name-117" type="given" value="THOMAS"/>THOMAS DYSON</persName> </hi>. I was one of the cashiers of the Henrietta-street branch of the Commercial Bank of London—I know both the prisoners—Durdin was the ledger clerk—I first knew Holcroft ten or eleven years back; it may be a year or two more—the first account of Durdin was opened in February, 1849, and closed on 26th May, 1853; the second was opened on 22d April in the name of John Durdin M. and closed on 3d May, 1853; the third was opened on 27th May, 1853, in the name of John Durdin, administrator, and closed on 19th October, 1853—(
<hi rend="smallCaps">MR. BESLEY</hi>
<hi rend="italic">objected that this did not apply to the three specific larcenies in 1860 and 1861; but</hi>
<hi rend="smallCaps">THE COURT</hi>
<hi rend="italic">considered that the prosecution could go into the whole matter from the beginning</hi>)—Holcroft's first account was opened on 2d December, 1851, in the name of James Holcroft, and closed on 26th May, 1853; the second was opened on 26th May, 1853, in the name of James Holcroft and Co., and closed on 1st October, 1860; the third was opened on 1st October, 1860, in the name of James Holcroft, and is open at the time—Durdin kept the account in each case in which his account was entered—he did so all through, as far as the ledger is concerned—the first credit to Holcroft on 2d December, 1851, is 150
<hi rend="italic">l</hi>. that is in Durdin's writing—the amount of which that 150
<hi rend="italic">l</hi>. consisted would appear by the waste-book, which I, being cashier, had nothing to do with—I receive money at the counter—all cash I receive I enter in the cash-book, I simply put down "James Holcroft 150
<hi rend="italic">l</hi>." the ticket is then placed in a box, and the clerk takes it out of that box and inscribes it in the waste-book, which is not in my writing—the next account, 26th May, 1853, commences with 90
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>., that is carried from the old ledger and is in Durdin's writing—the third account begins with 138
<hi rend="italic">l</hi>.</p>
<xptr type="pageFacsimile" doc="186107080029"/>
<p>12
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.; that appears to be carried from the account which closed on that day, and is in Durdin's writing—the whole of this book is in Durdin's writing; all the ledgers D to M for the last ten or twelve years—there is a ledger since the discovery of the fraud in February, 1861—I cashed the cheque of 23d October, drawn by Holcroft on his account for 160
<hi rend="italic">l</hi>.; I paid it with a 10
<hi rend="italic">l</hi>. note, 37,625, May 19th, 1860; a 50
<hi rend="italic">l</hi>. note, 50,579, June 20th, 1860; and 10
<hi rend="italic">l</hi>. in cash—on 3d January, 1861, I cashed a cheque drawn by Holcroft for 30
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—I cannot say by this book to whom it was payable—I paid it with a 20
<hi rend="italic">l</hi>. note, 17,050, November 21st, 1860; a 10
<hi rend="italic">l</hi>. note, 32,667, October 22d, 1860; and 8
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. in cash—I have an account of cheques and bills of Holcroft's returned unpaid during the year 1860—here is "James Holcroft 158
<hi rend="italic">l</hi>., Curries," on the back (
<hi rend="italic">produced</hi>), the commencement of the account is, I think, in Mr. Cadogan's writing, who was the manager at the time—I have not calculated the amount of Holcroft's returned cheques and bills; the entries are in the writing of the cashier, who returns them; some are in mine—the letters "N.S." on the greater number of them mean "not sufficient;" that we had some money, but not sufficient; for example, on June 20th, 1860, we had a cheque for 5
<hi rend="italic">l</hi>. refused, on the ground of there not being sufficient cash—there are a great variety of these varying in amount, some small and some large.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Have you got the item of 20th June before you?
<hi rend="italic">A.</hi> I have—I should not have returned it if there had been cash to meet it—there is a balance by the pass-book, but you can never tell by looking at the pass-book—some people like to have their credits entered in the pass-book, and keep it in their pocket; bat in others it does not show at all—the date that it is paid is filled up afterwards—here is 100
<hi rend="italic">l</hi>. the next item to it, which appears to be credited as paid—the 5
<hi rend="italic">l</hi>. preceding it, on the very same date, is entered a week afterwards—some persons only bring their books once in three months—we do not enter into the book cheques which are dishonoured—the book is made up, and would tell the true state of the account as well as the ledger would, but not at 12 o'clock in the day, when this cheque would be returned—the pass-book ought to be a faithful transcript of the ledger—the account in 1851, 150
<hi rend="italic">l</hi>. in money, appears with the credit of bills of exchange discounted 187
<hi rend="italic">l</hi>., but not the same day—the following day there were discounts—they may have been paid for on the 2d along with the money, and not given credit for till they were passed by the directors—Holcroft paid in several small amounts: 50
<hi rend="italic">l</hi>., 60
<hi rend="italic">l</hi>., 100
<hi rend="italic">l</hi>., and 150
<hi rend="italic">l</hi>.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BESLEY</hi>.
<hi rend="italic">Q.</hi> Be kind enough to tell me whether all the entries in the pass-book as debits to Holcroft, or cheques honoured, correspond with cheques which were at one time in the hands of the bank?
<hi rend="italic">A.</hi> The pass-book is written up from the cheques, and is checked by the ledger afterwards—they must correspond with one another.</p>
<p>
<hi rend="smallCaps">MR. GIPPARD</hi>.
<hi rend="italic">Q.</hi> How often had Holcroft his pass-book?
<hi rend="italic">A.</hi> Two or three times a week.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-118" type="witnessName">
<interp inst="t18610708-name-118" type="gender" value="male"/>
<interp inst="t18610708-name-118" type="surname" value="INNES"/>
<interp inst="t18610708-name-118" type="given" value="ALEXANDER LEE"/>ALEXANDER LEE INNES</persName> </hi>. I am one of the clerks in the Bloomsbury Branch of the London and Westminster Bank—Mr. Lewis Henry Braham keeps an account there—there was paid in to his account on 5th October last, a 100
<hi rend="italic">l</hi>. note, 26,188 May 19th, 1860, a 20
<hi rend="italic">l</hi>. note, 71,853 June 21st, 1860, and another 20
<hi rend="italic">l</hi>. note of the same date, No. 71,865.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-119" type="witnessName">
<interp inst="t18610708-name-119" type="gender" value="male"/>
<interp inst="t18610708-name-119" type="surname" value="RAWLINS"/>
<interp inst="t18610708-name-119" type="given" value="CYRIL MORTIMER MURRAY"/>CYRIL MORTIMER MURRAY RAWLINS</persName> </hi>. I am an attorney, of 13, Finsbury-square, and Clerk to Messrs. Clark, Morris, and Clark, of Coleman-street—they are attorneys for the London Joint Stock Bank, who brought an action</p>
<xptr type="pageFacsimile" doc="186107080030"/>
<p>against James Holcroft, on a bill of exchange drawn on L. H. Braham by James Holcroft—I produce the writ of summons—it is dated 12th Sep
<lb/>tember, 1860—it is accepted Holcroft, and Co.—the action was settled on 23d October, by Mr. David Allan Ramsay, who paid the amount of debt and costs to me—I paid it over to our cashier, Mr. Hill, on the same day, for Ramsay.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-120" type="witnessName">
<interp inst="t18610708-name-120" type="gender" value="male"/>
<interp inst="t18610708-name-120" type="surname" value="CHAMBERLAIN"/>
<interp inst="t18610708-name-120" type="given" value="EDWARD"/>EDWARD CHAMBERLAIN</persName> </hi>. I am clerk to Mr. Howard, an attorney, of 9, Quality-court, Chancery-lane. On 3d January, there was an acceptance from Mr. Millard for 61
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. lying at Mr. Howard's office—it was taken up, and the money was paid into the Temple-bar Branch of the Union Bank, to the credit of Mr. Howard—(
<hi rend="italic">The credit slip was here produced by Mr. Walker</hi>) I do not think I paid it in—the clerk is here who did—I wrote the credit-slip—that is a portion of the money that took up Mr. Millard's acceptance—more than that was paid in.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-121" type="witnessName">
<interp inst="t18610708-name-121" type="gender" value="male"/>
<interp inst="t18610708-name-121" type="surname" value="WALKER"/>
<interp inst="t18610708-name-121" type="given" value="WILLIAM"/>WILLIAM WALKER</persName> </hi>. I am a clerk at the Union Bank, Temple-bar Branch—I have got the particulars of what was paid into Mr. Howard's account, of Quality-court, on 4th January, 1861—I have got a 20
<hi rend="italic">l</hi>. note, 17,060, November 21, 1860, and a 10
<hi rend="italic">l</hi>. note, 32,667, October 22d, 1860—I credited that to Mr. Howard's account.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-122" type="witnessName">
<interp inst="t18610708-name-122" type="gender" value="male"/>
<interp inst="t18610708-name-122" type="surname" value="WILCOCK"/>
<interp inst="t18610708-name-122" type="given" value="HENRY RADDON"/>HENRY RADDON WILCOCK</persName> </hi>. I took the money which Mr. Chamberlain gave to me to the Temple-bar Branch, and paid it in with the credit slip to the last witness.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-123" type="witnessName">
<interp inst="t18610708-name-123" type="gender" value="male"/>
<interp inst="t18610708-name-123" type="surname" value="MILLARD"/>
<interp inst="t18610708-name-123" type="given" value="JAMES"/>JAMES MILLARD</persName> </hi>. (
<hi rend="italic">The evidence of this witness, given on the former trial, was read over to him, to which he assented.</hi>)</p>
<p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> I believe, in the month of January, 1861, there was an acceptance of your's drawn by Mr. Holcroft, lying at Mr. Howard's, of Quality-court?
<hi rend="italic">A.</hi> Yes—I went to Mr. Howard on the day it was due, 31st December, in reference to taking it up—he said he could not do any
<lb/>thing towards it, and referred me to Mr. Durdin—I went to Mr. Durdin, and a bill was drawn for 32
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—I gave him the renewed bill for 32
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., and the rest in money—Durdin gave me the money, which was 30
<hi rend="italic">l</hi>., at the Commercial Bank, Henrietta-street, on 3d January—he gave me 30
<hi rend="italic">l</hi>. in notes, and some in small money—he did not give me all that I gave to Holcroft—I took up the bill—I gave the 32
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. bill to Durdin, and he cashed it for me.—Holcroft's bill was 61
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—he kept that—he only gave me 30
<hi rend="italic">l</hi>.—I made up the rest myself—the 30
<hi rend="italic">l</hi>. that Durdin gave me, and what I made up myself, I took to Mr. Chamberlain and made up the amount.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BESLEY</hi>.
<hi rend="italic">Q.</hi> Was Holcroft's name to the bill?
<hi rend="italic">A.</hi> Yes—I do not recollect where Durdin took the money from, but I think he took it from a cashier—he was not acting as cashier at the time—he took the bill from my hand—I do not know what he did with it—I did not see him go into an inner office.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> How many years have you known him?
<hi rend="italic">A.</hi> Since 1848, and up to 1860 I did business with him annually to a considerable amount—I understood from Holcroft, in 1860, that he was being peculiarly assisted in his business by a friend—I had heard him say occasionally that the friend who had lent him money to assist him in business was Durdin—when Holcroft referred me to Durdin about the bill, he said he could not do anything for it on his own account, but he had spoken to his friend Durdin, and if I went there he thought Durdin would assist—he always told me that Durdin had assisted him to a very large amount before—Holcroft has always borne the character of an honourable, well-conducted man.</p>
<xptr type="pageFacsimile" doc="186107080031"/>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-124" type="witnessName">
<interp inst="t18610708-name-124" type="gender" value="male"/>
<interp inst="t18610708-name-124" type="surname" value="HILLS"/>
<interp inst="t18610708-name-124" type="given" value="JAMES"/>JAMES HILLS</persName> </hi>. I am cashier to Messrs. Clark, Morris, and Clark, attorneys, in Coleman-street—I have got a rough cash-book here—Rawlins gave me an amount on 23d October; the sum total was 156
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>.—there was a 100
<hi rend="italic">l</hi>. note, 37,625, May 19th, 1860; a 50
<hi rend="italic">l</hi>. note, 50,579, of June 20th, 1860, and the rest in cash.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-125" type="witnessName">
<interp inst="t18610708-name-125" type="gender" value="male"/>
<interp inst="t18610708-name-125" type="surname" value="TINGEY"/>
<interp inst="t18610708-name-125" type="given" value="WILLIAM"/>WILLIAM TINGEY</persName> </hi>. (
<hi rend="italic">The evidence of this witness, given on the former trial, was read over to him, to which he assented.</hi>)</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Were these bills to which you refer Holcroft's trade bills?
<hi rend="italic">A.</hi> They were drawn by Holcroft on his customers, and amount to between 2,000
<hi rend="italic">l</hi>. and 3,000
<hi rend="italic">l</hi>.—we had discounted trade bills of Holcroft's for four or five years—they came to me from Mr. Ramsay, who told me he received them from Durdin—when Ramsay called on me with reference to procuring a loan on the security of a bill of sale, he was alone—I never saw Durdin in company with him—Ramsay is the person with whom I negotiated, and I returned the money to him on the negotiation not being carried out.</p>
<p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> Is Mr. Ramsay here to-day?
<hi rend="italic">A.</hi> Yes—this (
<hi rend="italic">produced</hi>) is the bill of sale.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-126" type="witnessName">
<interp inst="t18610708-name-126" type="gender" value="male"/>
<interp inst="t18610708-name-126" type="surname" value="HEUTSON"/>
<interp inst="t18610708-name-126" type="given" value="THOMAS VALENTINE"/>THOMAS VALENTINE HEUTSON</persName> </hi>. I am a clerk at Messrs. Currie's bank, 29, Cornhill—this (
<hi rend="italic">produced</hi>) is Holcroft's pass-book—he opened his account on November 21st, 1850—I find a credit on 2d December for 110
<hi rend="italic">l</hi>., but for that sum on the 2d there would not have been assets to meet a cheque for 150
<hi rend="italic">l</hi>. on the 3d, not taking the whole transaction; but there would be on the 3d, because there was money paid in to meet it—striking out the 110
<hi rend="italic">l</hi>. there would not have been enough assets to meet the 150
<hi rend="italic">l</hi>.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> If nothing had been paid in on the 3d, there would not have been money enough to meet the drawings-out of the 3d?
<hi rend="italic">A.</hi> The transactions of the 2d would not have been sufficient to pay the transactions of the 3
<hi rend="italic">d</hi>.; even with the 110
<hi rend="italic">l</hi>. we should not have had enough—it was the paying in of the 3d that enabled us to pay the payings-out; leaving a trifling balance—it is some time ago since I was at Messrs. Currie's—I can hardly recollect what I was there—my evidence is secondary, the party being dead.</p>
<p>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> I want the book by which you can tell me of what that 150
<hi rend="italic">l</hi>. consisted?
<hi rend="italic">A.</hi> May I step down and look for it—the books are here, but some party has neglected to bring them up. (
<hi rend="italic">The witness went to search for them.</hi>)</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-127" type="witnessName">
<interp inst="t18610708-name-127" type="gender" value="male"/>
<interp inst="t18610708-name-127" type="surname" value="DYSON"/>
<interp inst="t18610708-name-127" type="given" value="THOMAS"/>THOMAS DYSON</persName> </hi> (
<hi rend="italic">re-examined</hi>). This entry of 110
<hi rend="italic">l</hi>. in this book (
<hi rend="italic">produced</hi>) is my writing—it represents a cheque drawn by Durdin on the Commercial Bank, and paid to Currie & Co. in a charge of 176
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—it was paid on 3d December, 1851.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> We have heard that Mr. Millard went to the bank, saw Durdin, and got the money for it; that is not the way in which the Bank discounts bills?
<hi rend="italic">A.</hi> Certainly not; if he got money he would have a cheque cashed at the counter; but a bill would have to be submitted to the committee and cashed the next day—Durdin had not authority to discount a bill for Holcroft as a customer of the bank.</p>
<p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> I believe for some years the bank have not discounted bills for Holcroft?
<hi rend="italic">A.</hi> Not for five, six, or seven years.</p>
<p>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Was it that the bank declined to go on discounting?
<hi rend="italic">A.</hi> I cannot say.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-128" type="witnessName">
<interp inst="t18610708-name-128" type="gender" value="male"/>
<interp inst="t18610708-name-128" type="surname" value="PIKE"/>
<interp inst="t18610708-name-128" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY PIKE</persName> </hi>. I am a clerk to the Life Insurance, Treasury Deposit, and Insurance Bank, 5, Cannon-street, West—I know Durdin; he opened an account there about September, 1856, which remained open till</p>
<xptr type="pageFacsimile" doc="186107080032"/>
<p>February this year—this cheque for 300
<hi rend="italic">l</hi>. dated 19th October, and payable to Self, is drawn by Durdin on the bank—I paid 300
<hi rend="italic">l</hi>. upon it on the 20th—I gave five 50
<hi rend="italic">l</hi>. notes, Nos. 59,952 to 56 inclusive, dated 20th June, 1860; a 20
<hi rend="italic">l</hi>. note, 09,804, September 21st, 1860; a 20
<hi rend="italic">l</hi>. note, 75,419, April, 1860; and a 10
<hi rend="italic">l</hi>. note, 92,261, July 24th, 1860—I have got a cheque for 30
<hi rend="italic">l</hi>. dated 1st September, 1860(
<hi rend="italic">produced</hi>) drawn by Holcroft on the Commercial Bank—it is credited to Durdin's account at our bank on 20th September—that it the only credit on that day—it has not the name of the drawer—I cannot say that this is the identical cheque—it was paid into the London and County Bank; our agents.</p>
<p>
<hi rend="italic">Q.</hi> Do you know that without reference to any book?
<hi rend="italic">A.</hi> Not without reference to any book—I think the gentleman who made that statement is here; Mr. Modena—(
<hi rend="italic">The cheque was crossed "London and County Bank.</hi>")—I can say that the 30
<hi rend="italic">l</hi>. credited to Durdin on 21st September was a cheque on the Commercial Bank; I credited it myself—I cannot tell by whom it was drawn—on 25th September 70
<hi rend="italic">l</hi>. is credited to Durdin by a cheque on the Commercial Bank, and on 26th September 56
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>. by, I think, a cheque on the Commercial Bank; on 27th September a sum of 50
<hi rend="italic">l</hi>. is credited to Durdin's account by a cheque on the Commercial Bank; on 9th October 100
<hi rend="italic">l</hi>. is credited to Durdin's account by a cheque on the Commercial Bank; on 11th October 15
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>. is credited to Durdin's account by a cheque on the Commercial Bank—this (
<hi rend="italic">produced</hi>) is Durdin's pass book—unless the sums I have just spoken about had been paid in, there would not have been money enough to have honoured the cheque for 300
<hi rend="italic">l</hi>. on 20th October by some considerable amount—I know Holcroft; I have seen him at our bank; he kept a discount account there some two or three yean ago—I do not think we did anything for him after the middle of 1859 to my recollection.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BESLEY</hi>.
<hi rend="italic">Q.</hi> I suppose there are other credits which you have in that book, besides those of the Commercial Bank?
<hi rend="italic">A.</hi> Not during the period of these items that I have given evidence of from 21st September to 23d October, 1860—I cannot say without reference that there are entries not in reference to cheques on the part of the Commercial Bank.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Was Holcroft's account in existence a great while?
<hi rend="italic">A.</hi> No; and not to any considerable extent—our bankers were the London and County at this time.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-129" type="witnessName">
<interp inst="t18610708-name-129" type="gender" value="male"/>
<interp inst="t18610708-name-129" type="surname" value="LOUCHIN"/>
<interp inst="t18610708-name-129" type="given" value="JOHN"/>JOHN LOUCHIN</persName> </hi>. I am one of the clerks of the Deposit Bank, Cannon-street West—this (
<hi rend="italic">produced</hi>) is the revenue waste-book—I find an entry on 25th September, in my writing, of a credit to Durden of 70
<hi rend="italic">l</hi>.—I cannot my that that credit comes from the London and County Bank—it is a cheque on the Commercial Bank—I cannot tell who the drawer is.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-130" type="witnessName">
<interp inst="t18610708-name-130" type="gender" value="male"/>
<interp inst="t18610708-name-130" type="surname" value="CLAYPOLE"/>
<interp inst="t18610708-name-130" type="given" value="HENRY THOMAS"/>HENRY THOMAS CLAYPOLE</persName> </hi>. I am one of the clerks in the London and County Bank—in September and October, last year, I collected the cheques for the Deposit Bank, which are paid into our bank—I went the west walk—I do not know the drawers of any of the cheques which I produce—I have got a cheque before me of 21st September, 1860, drawn by Holcroft on the Commercial Bank, but I cannot vouch for this being the cheque which I collected; I collected one for 30
<hi rend="italic">l</hi>. and only one—on 26th September I collected a cheque for 70
<hi rend="italic">l</hi>. on the Commercial Bank.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Do all the cheques you present at the Commercial Bank bear your stamp?
<hi rend="italic">A.</hi> Yes; these are stamped with our stamp—I cannot say whether they were all paid.</p>
<xptr type="pageFacsimile" doc="186107080033"/>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-131" type="witnessName">
<interp inst="t18610708-name-131" type="gender" value="male"/>
<interp inst="t18610708-name-131" type="surname" value="SILL"/>
<interp inst="t18610708-name-131" type="given" value="FRANCIS JOHN"/>FRANCIS JOHN SILL</persName> </hi>. I am a clerk to Messrs. Currie—this entry, on 2d December, 1851, shows a sum of 110
<hi rend="italic">l</hi>. placed to the credit of Holcroft and Co., at the Commercial Bank.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-132" type="witnessName">
<interp inst="t18610708-name-132" type="gender" value="male"/>
<interp inst="t18610708-name-132" type="surname" value="CROWTHER"/>
<interp inst="t18610708-name-132" type="given" value="FREDERICK EDWARD"/>FREDERICK EDWARD CROWTHER</persName> </hi>. (
<hi rend="italic">The evidence of this witness given on the former trial was read over, to which he assented, and added</hi>)—These (
<hi rend="italic">produced</hi>) are the notes; one is No. 57,836, and the other 29,226—I paid the produce to Holcroft's creditors.</p>
<p>
<hi rend="smallCaps">MR. POLAND</hi>.
<hi rend="italic">Q.</hi> Was a Mr. Pell one of the creditors of Holoroft, and did you pay him or to the Northamptonshire Bank some money on ac
<lb/>count of Holoroft's creditors?
<hi rend="italic">A.</hi> Yes, at Northampton—I think, 160
<hi rend="italic">l</hi>. or 165
<hi rend="italic">l</hi>.; there was 160
<hi rend="italic">l</hi>. in notes at all events, and they were the notes I received from Ramsay—Mr. Wetherall was a creditor of Holcroft's I paid him 75
<hi rend="italic">l</hi>.—Mr. Hollestone is the manager—I paid him the notes—I also paid Mr. Hayward some bank notes.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-133" type="witnessName">
<interp inst="t18610708-name-133" type="gender" value="male"/>
<interp inst="t18610708-name-133" type="surname" value="PELL"/>
<interp inst="t18610708-name-133" type="given" value="CHARLES"/>CHARLES PELL</persName> </hi>. I am a clerk at the Northamptonshire Bank—Mr. Gardner paid a number of notes to his account—there was a 50
<hi rend="italic">l</hi>. note, 59,955, June 20th, 1860. (
<hi rend="italic">Mr.</hi>
<hi rend="smallCaps">POLAND</hi>
<hi rend="italic">stated that this was one of the</hi> 50
<hi rend="italic">l</hi>.
<hi rend="italic">notes paid when the</hi> 300
<hi rend="italic">l</hi>.
<hi rend="italic">cheque was cashed on</hi> 24
<hi rend="italic">th October, as proved by Pike</hi>) Mr. Stroulger keeps an account at our house—he paid in on the 23d a 20
<hi rend="italic">l</hi>. note, 09,804, September 21st, 1860.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-134" type="witnessName">
<interp inst="t18610708-name-134" type="gender" value="male"/>
<interp inst="t18610708-name-134" type="surname" value="GLEGG"/>
<interp inst="t18610708-name-134" type="given" value="JAMES"/>JAMES GLEGG</persName> </hi>. (
<hi rend="italic">The evidence of this witness, given on the former trial, was read over, to which he assented, and added</hi>)—The first item of cash paid and exclusive of transfers from Durdin's account, and bills discounted, was on 20th May, 1852, the account being opened on 2d December, 1851, with 150
<hi rend="italic">l</hi>. from Currie's—after that time, on 27th December, the next cash was Durdin's cheque for 150
<hi rend="italic">l</hi>.; the next a short bill of Durdin's on 12th April—on 15th April here is a transfer from Holcroft put down as cash for that short bill which had been in the first instance returned on 5th May; cash from Currie's to Durdin's account 55
<hi rend="italic">l</hi>—that is the first money paid to the account—allthese items on the right hand margin are the sums; mo. means money—without going through all the accounts, I find that from time to time Durdin's account is credited for cheques, from Holcroft, and Holcroft for cheques by Durdin—here are no fictitious entries; not what are called so—I show that entries are fictitious by their passing through his cash-book, in
<lb/>stead of their paying them as they would if they had been money—there are many fictitious entries about this period—I have a list of them for each year from 1851—in 1851 the false credits were 1,316
<hi rend="italic">l</hi>., and he has abstracted sums to the extent of 4,730
<hi rend="italic">l</hi>., as for cheques drawn by Joel, Richards, and others—in the year 1852, 3,500
<hi rend="italic">l</hi>. altogether was the amount of frauds; in 1853, 5,000
<hi rend="italic">l</hi>.; in 1854, 5,100
<hi rend="italic">l</hi>.; in 1855, 5,600
<hi rend="italic">l</hi>. in 1856, 2,350; in 1857, 8,450
<hi rend="italic">l</hi>.; in 1858, 12,243
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>.; in 1859, 10,109
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>.; in 1860, 9,951
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>.; in 1861, 1,047
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>.—from the closing of Durdin's ac
<lb/>count these amounts were carried through Holcroft's account—all this was done by means of Holcroft's account from the closing of Durdin's account in 1853—I have also traced from time to time cheques by Holcroft placed at the Deposit Bank to Durdin's account—we have only the pass-books for a short time, so that I cannot say to what extent; but in a number of instances, some hundreds in the year 1860, and there are some cases of Holcroft's account credited by cheques drawn by Durdin on his own account at the Deposit Bank—during 1860 there are 185 items of return cheques of Holcroft's for bills entered in this book, amounting to 11,030
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> You have told us that the total amount of credits was 200,000
<hi rend="italic">l</hi>., but there were genuine credits, I think,</p>
<xptr type="pageFacsimile" doc="186107080034"/>
<p>during the same period, amounting to upwards of 150,000
<hi rend="italic">l</hi>.?
<hi rend="italic">A.</hi> To the extent of 153,000
<hi rend="italic">l</hi>.—the entries in the ledger are. founded upon the cash-book; how many of those were mere exchanges, and how many were bona fide money, I cannot say.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> But if there was nothing worse than that, the bank would have lost nothing?
<hi rend="italic">A.</hi> Nothing—I mean that these amounts purport to pass through the cash-book.</p>
<p>
<hi rend="smallCaps">MR. SLEIGH</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">MR. DYSON</hi>.
<hi rend="italic">Q.</hi> Must not an entry in the cash-book, made by any of the clerks, represent the cash as coming in over the counter, and received by the person who makes the entry?
<hi rend="italic">A.</hi> It ought to be so—the entries in the cash-book are made by the cashier who receives the cash—I am one of those, Mr. Little is the other, and in our absence some other clerk, occasionally Durdin himself in former years, but not of late years—we always ascertain at night that our cash is correct as regards the cash-book—it is the custom in all banking-houses to balance to a penny before the clerks leave—it was the custom at the Commercial Bank.</p>
<p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> But that balancing, I apprehend, does not consist of counting the money actually in the drawer?
<hi rend="italic">A.</hi> No; the balancing of the money is quite a separate thing altogether—the balancing the money is the balancing of the cashier's money which is carried into the balance quite in a separate manner—the notes and gold we balance every night to a penny—we do that by comparing what we have paid out with what we have received—that is the result we arrive at by comparison of certain figures in certain books.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Suppose you began business in the morning with 10,000
<hi rend="italic">l</hi>. in notes, gold, and silver in your till, and suppose in the course of the day the payments in exceeded the payments out by 1,000
<hi rend="italic">l</hi>., ought you not at the close of the day to have 11,000
<hi rend="italic">l</hi>?
<hi rend="italic">A.</hi> Certainly, and we should look to see if we had got that 11,000
<hi rend="italic">l</hi>.</p>
<p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> But where would you look?
<hi rend="italic">A.</hi> We should cast the books.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Would you not count your notes and gold?
<hi rend="italic">A.</hi> Most certainly we should; but if any of the books are wrongly cast to correspond with any fraudulent entries, then of course the balance agrees to a penny, just the same; so that if the 66,000
<hi rend="italic">l</hi>. vas not in the calendar, we should not expect to find it in the till—if a cheque was paid in to Holcroft's account it would appear in the cash-book; whether it was an exchanged cheque or not we could not tell.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-135" type="witnessName">
<interp inst="t18610708-name-135" type="gender" value="male"/>
<interp inst="t18610708-name-135" type="surname" value="GRAY"/>
<interp inst="t18610708-name-135" type="given" value="GEORGE FREDERICK"/>GEORGE FREDERICK GRAY</persName> </hi>. I am a leather-seller of 23, Redcross-street, Barbican, late of the firm of Gray and Napper—I have known Holcroft from fifteen to twenty years—I have from time to time given him exchanged cheques—these (
<hi rend="italic">produced</hi>) are cheques for the year 1860, which I gave him in return for cheques of his to the same amount; altogether to the amount of between 700
<hi rend="italic">l</hi>. and 800
<hi rend="italic">l</hi>.—they are all here except the first, which we lost—the counterfoils are here—the first date is 4th January, and the last 20th December, they amount to 768
<hi rend="italic">l</hi>. odd.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Were both your cheques dated the same day.
<hi rend="italic">A.</hi> No; he would give me a cheque not dated the same day, or if it was, there was an understanding that it was to be renewed—it was a temporary loan of from three days to a week—sometimes he gave me a cheque upon his banker, and sometimes they were not his; sometimes they were upon the Deposit Bank—they were not sometimes Durdin's cheques—I never knew the name of Durdin—the cheques produced represent nothing more than a loan for a day or two or a week.</p>
<xptr type="pageFacsimile" doc="186107080035"/>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> That is to say, being short, of money, you, having confidence in him, have advanced him money upon post dated cheques of his?
<hi rend="italic">A.</hi> Yes; and have always been honourably paid—as far as I know, he has always borne the character of an honourable and well-con
<lb/>ducted man.</p>
<p>
<hi rend="smallCaps">MR. BESLEY</hi> (
<hi rend="italic">for Durdin</hi>)
<hi rend="italic">submitted, upon similar grounds to those in the former case, that the evidence failed to establish the offence charged: the evidence went to show that no larceny had been committed, but that the money had been obtained by false pretences.</hi>
<hi rend="smallCaps">MR. GIFFARD</hi>
<hi rend="italic">contended that with regard to the sum, of</hi> 30
<hi rend="italic">l</hi>.,
<hi rend="italic">a portion of the</hi> 60
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.,
<hi rend="italic">that stood upon a different footing, inasmuch as it was proved that Durdin with his own hand handed over notes to that amount.</hi>
<hi rend="smallCaps">MR. BESLEY</hi>,
<hi rend="italic">in reply, stated that it was proved that the</hi> 30
<hi rend="italic">l</hi>.
<hi rend="italic">was taken from the drawer by another clerk, and that Durdin was not acting as cashier on that occasion; that it was the practice to balance the cash at the end of every day, and that if</hi> 30
<hi rend="italic">l</hi>.
<hi rend="italic">had been abstracted, and no cheque or other docu
<lb/>ment representing that value introduced in its place, the fraud would have been discovered.</hi>
<hi rend="smallCaps">MR. BARON BRAMWELL</hi>.
<hi rend="italic">I think it comes within the same category as the other cases, and I will reserve it if necessary.</hi> </p>
<p>
<rs id="t18610708-558-verdict-1" type="verdictDescription">
<interp inst="t18610708-558-verdict-1" type="verdictCategory" value="miscVerdict"/>
<interp inst="t18610708-558-verdict-1" type="verdictSubcategory" value="noAgreement"/>
<hi rend="italic">The Jury having been locked up from ten minutes past 7 to a quarter-past 10 without being able to agree</hi>,
<hi rend="smallCaps">THE COURT</hi>,
<hi rend="italic">with the consent of the Counsel on both sides and of the prisoners, discharged the Jury without giving any verdict.</hi> </rs> </p> </div1>
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<interp inst="t18610708-559" type="uri" value="sessionsPapers/18610708"/>
<interp inst="t18610708-559" type="date" value="18610708"/>
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<p>559.
<persName id="def1-559-18610708" type="defendantName">
<interp inst="def1-559-18610708" type="gender" value="male"/>
<interp inst="def1-559-18610708" type="age" value="50"/>
<interp inst="def1-559-18610708" type="surname" value="HOLCROFT"/>
<interp inst="def1-559-18610708" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES HOLCROFT</hi> </persName> was
<hi rend="italic">again</hi> indicted
<rs id="t18610708-559-offence-1" type="offenceDescription">
<interp inst="t18610708-559-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18610708-559-offence-1" type="offenceSubcategory" value="simpleLarceny"/> for stealing the sums of 17
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., 10
<hi rend="italic">l</hi>., and 81
<hi rend="italic">l</hi>.,
<hi rend="italic">of the said
<persName id="t18610708-name-137" type="victimName">
<interp inst="t18610708-name-137" type="gender" value="male"/>
<interp inst="t18610708-name-137" type="surname" value="HUNTER"/>
<interp inst="t18610708-name-137" type="given" value="MARK"/>
<join result="offenceVictim" targOrder="Y" targets="t18610708-559-offence-1 t18610708-name-137"/>Mark Hunter</persName>;</hi> </rs>
<hi rend="italic"> upon which</hi> </p>
<p>
<hi rend="smallCaps">MR. GIFFARD</hi>
<hi rend="italic">offered no evidence.</hi>
<hi rend="smallCaps">
<rs id="t18610708-559-verdict-1" type="verdictDescription">
<interp inst="t18610708-559-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18610708-559-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18610708-560">
<interp inst="t18610708-560" type="uri" value="sessionsPapers/18610708"/>
<interp inst="t18610708-560" type="date" value="18610708"/>
<join result="criminalCharge" id="t18610708-560-charge-1" targOrder="Y" targets="def1-560-18610708 t18610708-560-offence-1 t18610708-560-verdict-1"/>
<p>560.
<persName id="def1-560-18610708" type="defendantName">
<interp inst="def1-560-18610708" type="gender" value="male"/>
<interp inst="def1-560-18610708" type="age" value="50"/>
<interp inst="def1-560-18610708" type="surname" value="HOLCROFT"/>
<interp inst="def1-560-18610708" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES HOLCROFT</hi> </persName> was
<hi rend="italic">again</hi> indicted
<rs id="t18610708-560-offence-1" type="offenceDescription">
<interp inst="t18610708-560-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18610708-560-offence-1" type="offenceSubcategory" value="simpleLarceny"/> for stealing the sums of 49
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>., 50
<hi rend="italic">l</hi>., and 200
<hi rend="italic">l</hi>., of the said
<persName id="t18610708-name-139" type="victimName">
<interp inst="t18610708-name-139" type="gender" value="male"/>
<interp inst="t18610708-name-139" type="surname" value="HUNTER"/>
<interp inst="t18610708-name-139" type="given" value="MARK"/>
<join result="offenceVictim" targOrder="Y" targets="t18610708-560-offence-1 t18610708-name-139"/>Mark Hunter</persName>; </rs>
<hi rend="italic">upon which</hi> </p>
<p>
<hi rend="smallCaps">MR. GIFFARD</hi>
<hi rend="italic">offered no evidence.</hi>
<hi rend="smallCaps">
<rs id="t18610708-560-verdict-1" type="verdictDescription">
<interp inst="t18610708-560-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18610708-560-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18610708-561">
<interp inst="t18610708-561" type="uri" value="sessionsPapers/18610708"/>
<interp inst="t18610708-561" type="date" value="18610708"/>
<join result="criminalCharge" id="t18610708-561-charge-1" targOrder="Y" targets="def1-561-18610708 t18610708-561-offence-1 t18610708-561-verdict-1"/>
<p>561.
<persName id="def1-561-18610708" type="defendantName">
<interp inst="def1-561-18610708" type="gender" value="male"/>
<interp inst="def1-561-18610708" type="age" value="50"/>
<interp inst="def1-561-18610708" type="surname" value="HOLCROFT"/>
<interp inst="def1-561-18610708" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES HOLCROFT</hi> </persName> was
<hi rend="italic">again</hi> indicted
<rs id="t18610708-561-offence-1" type="offenceDescription">
<interp inst="t18610708-561-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18610708-561-offence-1" type="offenceSubcategory" value="fraud"/> for unlawfully conspiring with
<persName id="t18610708-name-141">
<interp inst="t18610708-name-141" type="gender" value="male"/>
<interp inst="t18610708-name-141" type="surname" value="DURDIN"/>
<interp inst="t18610708-name-141" type="given" value="JOHN"/>John Durdin</persName> to cheat and defraud
<persName id="t18610708-name-142" type="victimName">
<interp inst="t18610708-name-142" type="gender" value="male"/>
<interp inst="t18610708-name-142" type="surname" value="HUNTER"/>
<interp inst="t18610708-name-142" type="given" value="MARK"/>
<join result="offenceVictim" targOrder="Y" targets="t18610708-561-offence-1 t18610708-name-142"/>Mark Hunter</persName> and others; </rs>
<hi rend="italic">upon which.</hi> </p>
<p>
<hi rend="smallCaps">MR. GIFFARD</hi>
<hi rend="italic">offered no evidence.</hi>
<hi rend="smallCaps">
<rs id="t18610708-561-verdict-1" type="verdictDescription">
<interp inst="t18610708-561-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18610708-561-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18610708-562">
<interp inst="t18610708-562" type="uri" value="sessionsPapers/18610708"/>
<interp inst="t18610708-562" type="date" value="18610708"/>
<join result="criminalCharge" id="t18610708-562-charge-1" targOrder="Y" targets="def1-562-18610708 t18610708-562-offence-1 t18610708-562-verdict-1"/>
<p>562.
<persName id="def1-562-18610708" type="defendantName">
<interp inst="def1-562-18610708" type="gender" value="male"/>
<interp inst="def1-562-18610708" type="age" value="50"/>
<interp inst="def1-562-18610708" type="surname" value="HOLCROFT"/>
<interp inst="def1-562-18610708" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES HOLCROFT</hi> </persName> was
<hi rend="italic">again</hi> indicted
<rs id="t18610708-562-offence-1" type="offenceDescription">
<interp inst="t18610708-562-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18610708-562-offence-1" type="offenceSubcategory" value="fraud"/> for unlawfully obtaining divers large sums of
<persName id="t18610708-name-144" type="victimName">
<interp inst="t18610708-name-144" type="gender" value="male"/>
<interp inst="t18610708-name-144" type="surname" value="HUNTER"/>
<interp inst="t18610708-name-144" type="given" value="MARK"/>
<join result="offenceVictim" targOrder="Y" targets="t18610708-562-offence-1 t18610708-name-144"/>Mark Hunter</persName> and others by false pretences; </rs>
<hi rend="italic">upon which</hi> </p>
<p>
<hi rend="smallCaps">MR. GIFFARD</hi>
<hi rend="italic">offered no evidence.</hi>
<hi rend="smallCaps">
<rs id="t18610708-562-verdict-1" type="verdictDescription">
<interp inst="t18610708-562-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18610708-562-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<p>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Tuesday, July</hi> 9
<hi rend="italic">th</hi>, 1861.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Ald.
<hi rend="smallCaps">FINNIS</hi>; Mr. Ald.
<hi rend="smallCaps">CARTER</hi>; and
<hi rend="smallCaps">MR. RECORDER</hi>.</p>
<p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18610708-563">
<interp inst="t18610708-563" type="uri" value="sessionsPapers/18610708"/>
<interp inst="t18610708-563" type="date" value="18610708"/>
<join result="criminalCharge" id="t18610708-563-charge-1" targOrder="Y" targets="def1-563-18610708 t18610708-563-offence-1 t18610708-563-verdict-1"/>
<p>563.
<persName id="def1-563-18610708" type="defendantName">
<interp inst="def1-563-18610708" type="gender" value="male"/>
<interp inst="def1-563-18610708" type="age" value="17"/>
<interp inst="def1-563-18610708" type="surname" value="O'NEIL"/>
<interp inst="def1-563-18610708" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES O'NEIL</hi> (17)</persName>
<rs id="t18610708-563-offence-1" type="offenceDescription">
<interp inst="t18610708-563-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18610708-563-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin; to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18610708-563-verdict-1" type="verdictDescription">
<interp inst="t18610708-563-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610708-563-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18610708-563-punishment-13" type="punishmentDescription">
<interp inst="t18610708-563-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18610708-563-punishment-13" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-563-18610708 t18610708-563-punishment-13"/>Confined Seven Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18610708-564">
<interp inst="t18610708-564" type="uri" value="sessionsPapers/18610708"/>
<interp inst="t18610708-564" type="date" value="18610708"/>
<join result="criminalCharge" id="t18610708-564-charge-1" targOrder="Y" targets="def1-564-18610708 t18610708-564-offence-1 t18610708-564-verdict-1"/>
<p>564.
<persName id="def1-564-18610708" type="defendantName">
<interp inst="def1-564-18610708" type="gender" value="female"/>
<interp inst="def1-564-18610708" type="age" value="18"/>
<interp inst="def1-564-18610708" type="surname" value="RICHARDSON"/>
<interp inst="def1-564-18610708" type="given" value="FRANK"/>
<hi rend="largeCaps">FRANK RICHARDSON</hi> (18)</persName>, was indicted
<rs id="t18610708-564-offence-1" type="offenceDescription">
<interp inst="t18610708-564-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18610708-564-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence; to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18610708-564-verdict-1" type="verdictDescription">
<interp inst="t18610708-564-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610708-564-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.**—
<hi rend="italic">
<rs id="t18610708-564-punishment-14" type="punishmentDescription">
<interp inst="t18610708-564-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18610708-564-punishment-14" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-564-18610708 t18610708-564-punishment-14"/>Confined Twelve Monflis</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18610708-565">
<interp inst="t18610708-565" type="uri" value="sessionsPapers/18610708"/>
<interp inst="t18610708-565" type="date" value="18610708"/>
<join result="criminalCharge" id="t18610708-565-charge-1" targOrder="Y" targets="def1-565-18610708 t18610708-565-offence-1 t18610708-565-verdict-1"/>
<p>565.
<persName id="def1-565-18610708" type="defendantName">
<interp inst="def1-565-18610708" type="gender" value="male"/>
<interp inst="def1-565-18610708" type="age" value="48"/>
<interp inst="def1-565-18610708" type="surname" value="PARNELL"/>
<interp inst="def1-565-18610708" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES PARNELL</hi> (48)</persName>
<rs id="t18610708-565-offence-1" type="offenceDescription">
<interp inst="t18610708-565-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18610708-565-offence-1" type="offenceSubcategory" value="bigamy"/>, Feloniously marrying
<persName id="t18610708-name-148" type="victimName">
<interp inst="t18610708-name-148" type="gender" value="female"/>
<interp inst="t18610708-name-148" type="surname" value="WILLING"/>
<interp inst="t18610708-name-148" type="given" value="MARY"/>
<join result="offenceVictim" targOrder="Y" targets="t18610708-565-offence-1 t18610708-name-148"/>Mary Willing</persName>, his wife Eliza being then alive; to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18610708-565-verdict-1" type="verdictDescription">
<interp inst="t18610708-565-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610708-565-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18610708-565-punishment-15" type="punishmentDescription">
<interp inst="t18610708-565-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18610708-565-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-565-18610708 t18610708-565-punishment-15"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18610708-566">
<interp inst="t18610708-566" type="uri" value="sessionsPapers/18610708"/>
<interp inst="t18610708-566" type="date" value="18610708"/>
<join result="criminalCharge" id="t18610708-566-charge-1" targOrder="Y" targets="def1-566-18610708 t18610708-566-offence-1 t18610708-566-verdict-1"/>
<xptr type="pageFacsimile" doc="186107080036"/>
<p>566.
<persName id="def1-566-18610708" type="defendantName">
<interp inst="def1-566-18610708" type="gender" value="female"/>
<interp inst="def1-566-18610708" type="age" value="32"/>
<interp inst="def1-566-18610708" type="surname" value="SHARP"/>
<interp inst="def1-566-18610708" type="given" value="SARAH"/>
<hi rend="largeCaps">SARAH SHARP</hi> (32)</persName>
<rs id="t18610708-566-offence-1" type="offenceDescription">
<interp inst="t18610708-566-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18610708-566-offence-1" type="offenceSubcategory" value="fraud"/>, Unlawfully obtaining, by false pretences, from
<persName id="t18610708-name-150" type="victimName">
<interp inst="t18610708-name-150" type="gender" value="male"/>
<interp inst="t18610708-name-150" type="surname" value="PARKINSON"/>
<interp inst="t18610708-name-150" type="given" value="FREDERICK"/>
<join result="offenceVictim" targOrder="Y" targets="t18610708-566-offence-1 t18610708-name-150"/>Frederick Parkinson</persName> the sum of 3
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. with intent to defraud;
<hi rend="italic">Second Count</hi>, by like false pretences attempting to obtain from Ann, the wife of the said Frederick Parkinson, the sum of 4
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.; to which she</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18610708-566-verdict-1" type="verdictDescription">
<interp inst="t18610708-566-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610708-566-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18610708-566-punishment-16" type="punishmentDescription">
<interp inst="t18610708-566-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18610708-566-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-566-18610708 t18610708-566-punishment-16"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18610708-567">
<interp inst="t18610708-567" type="uri" value="sessionsPapers/18610708"/>
<interp inst="t18610708-567" type="date" value="18610708"/>
<join result="criminalCharge" id="t18610708-567-charge-1" targOrder="Y" targets="def1-567-18610708 t18610708-567-offence-1 t18610708-567-verdict-1"/>
<p>567.
<persName id="def1-567-18610708" type="defendantName">
<interp inst="def1-567-18610708" type="gender" value="male"/>
<interp inst="def1-567-18610708" type="age" value="35"/>
<interp inst="def1-567-18610708" type="surname" value="NEWTON"/>
<interp inst="def1-567-18610708" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM NEWTON</hi> (35)</persName>
<rs id="t18610708-567-offence-1" type="offenceDescription">
<interp inst="t18610708-567-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18610708-567-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Feloniously uttering counterfeit coin.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. COOKE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">CRAWFORD</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-152" type="witnessName">
<interp inst="t18610708-name-152" type="gender" value="male"/>
<interp inst="t18610708-name-152" type="surname" value="SPINKS"/>
<interp inst="t18610708-name-152" type="given" value="ROBERT"/>ROBERT SPINKS</persName> </hi> (
<hi rend="italic">Policeman, F</hi> 84). I produce a certificate (
<hi rend="italic">Read: "Central Criminal Court, 24th October, 1859. William Nugent, convicted of unlawfully uttering counterfeit coin. Confined Nine Months.</hi>")—I was present—the pri
<lb/>soner is the man.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-153" type="witnessName">
<interp inst="t18610708-name-153" type="gender" value="male"/>
<interp inst="t18610708-name-153" type="surname" value="SHARPE"/>
<interp inst="t18610708-name-153" type="given" value="JOHN"/>JOHN SHARPE</persName> </hi>. I am the landlord of the Yorkshire Grey public-house, in Hart-street, Bloomsbury—on Thursday morning, 20th June, the prisoner came there, called for a pot of porter, which was 4
<hi rend="italic">d</hi>., and tendered a bed florin—I did not at that moment discover it to be bad—I gave him change and put the florin in the till—I had no other florin there—about five minutes afterwards he asked for a half-pint of gin, which came to 10
<hi rend="italic">d</hi>., and tendered a bad florin—that induced me to examine the coins, and I found both of them to be bad—no one had been to the till in the interval but myself—I told him he had given me two bad florins, and asked him for good money—he said he would call a policeman, and he ran out of the house—I pursued him, caught him, and gave him into custody with the two bad florins.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-154" type="witnessName">
<interp inst="t18610708-name-154" type="gender" value="male"/>
<interp inst="t18610708-name-154" type="surname" value="MASTERS"/>
<interp inst="t18610708-name-154" type="given" value="GEORGE"/>GEORGE MASTERS</persName> </hi> (
<hi rend="italic">Policeman, E</hi> 104). I took the prisoner on 20th June, at Museum-street—the last witness gave him in charge, and gave me these two florins (
<hi rend="italic">produced</hi>)—I searched the prisoner, and found on him one half-crown, three shillings, four sixpences, and 5
<hi rend="italic">d</hi>. in copper, all good—he was very violent in resisting.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-155" type="witnessName">
<interp inst="t18610708-name-155" type="gender" value="male"/>
<interp inst="t18610708-name-155" type="surname" value="WEBSTER"/>
<interp inst="t18610708-name-155" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These coins are bad.</p>
<p>
<hi rend="italic">Prisoners Defence.</hi> I did not know the money was bad; I took it in change for a sovereign. I do not get my living by passing bad money.</p>
<p>
<hi rend="italic">The prisoner called</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-156" type="witnessName">
<interp inst="t18610708-name-156" type="gender" value="male"/>
<interp inst="t18610708-name-156" type="surname" value="ACWORTH"/>
<interp inst="t18610708-name-156" type="given" value="WILLIAM"/>WILLIAM ACWORTH</persName> </hi> (
<hi rend="italic">Policeman, F</hi> 48). I have known the prisoner for about the last four or five years as a constant associate of utterers of base coin in the neighbourhood of Seven Dials—he is hardly ever at work; I believe he gets his living entirely in passing bad money.</p>
<p>
<hi rend="smallCaps">
<rs id="t18610708-567-verdict-1" type="verdictDescription">
<interp inst="t18610708-567-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610708-567-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18610708-567-punishment-17" type="punishmentDescription">
<interp inst="t18610708-567-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18610708-567-punishment-17" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-567-18610708 t18610708-567-punishment-17"/>Four Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18610708-568">
<interp inst="t18610708-568" type="uri" value="sessionsPapers/18610708"/>
<interp inst="t18610708-568" type="date" value="18610708"/>
<join result="criminalCharge" id="t18610708-568-charge-1" targOrder="Y" targets="def1-568-18610708 t18610708-568-offence-1 t18610708-568-verdict-1"/>
<p>568.
<persName id="def1-568-18610708" type="defendantName">
<interp inst="def1-568-18610708" type="gender" value="female"/>
<interp inst="def1-568-18610708" type="age" value="19"/>
<interp inst="def1-568-18610708" type="surname" value="WILSON"/>
<interp inst="def1-568-18610708" type="given" value="MARGARET"/>
<hi rend="largeCaps">MARGARET WILSON</hi> (19)</persName>, was indicted
<rs id="t18610708-568-offence-1" type="offenceDescription">
<interp inst="t18610708-568-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18610708-568-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. COOKE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">CRAWFORD</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-158" type="witnessName">
<interp inst="t18610708-name-158" type="gender" value="male"/>
<interp inst="t18610708-name-158" type="surname" value="HORSEY"/>
<interp inst="t18610708-name-158" type="given" value="SAMUEL"/>SAMUEL HORSEY</persName> </hi> (
<hi rend="italic">Police-serjeant, C</hi> 6). I produce a certificate (
<hi rend="italic">Read; "Central Criminal Court. Margaret Galloway, convicted, 2d April, 1860, of unlawfully uttering counterfeit coin. Confined Twelve Months.</hi>")—I was present—the prisoner is the person tried and convicted under the name of Margaret Galloway.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-159" type="witnessName">
<interp inst="t18610708-name-159" type="gender" value="female"/>
<interp inst="t18610708-name-159" type="surname" value="BURIDGE"/>
<interp inst="t18610708-name-159" type="given" value="EMILY"/>EMILY BURIDGE</persName> </hi>. I was at the Rising Sun at Twickenham on 19th June, serving at the bar—the prisoner and John Green (
<hi rend="italic">See next case</hi>) came in, and Green asked for two glasses of half and half, one each—he tendered a half-crown, which I tried, gave it back to him, and told him it was bad—he these gave me a good shilling—they went away together—it was about 3 o'clock.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-160" type="witnessName">
<interp inst="t18610708-name-160" type="gender" value="male"/>
<interp inst="t18610708-name-160" type="surname" value="GODDARD"/>
<interp inst="t18610708-name-160" type="given" value="JAMES"/>JAMES GODDARD</persName> </hi> (
<hi rend="italic">Policeman, V</hi> 387). On Wednesday-afternoon, 19th June, between 3 and 4 o'clock, I was on duty in the Richmond-road. Twickenham—I saw Edward Cross and the prisoner there, sitting down by</p>
<xptr type="pageFacsimile" doc="186107080037"/>
<p>the side of the road, near the White Horse beer-shop—I followed them, and saw the prisoner leave Cross and join Green in the same road—Cross went on about 100 yards ahead—I took Green and the prisoner into custody—they were about 400 or 500 yards from the Rising Sun when I saw them.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-161" type="witnessName">
<interp inst="t18610708-name-161" type="gender" value="male"/>
<interp inst="t18610708-name-161" type="surname" value="KNIGHT"/>
<interp inst="t18610708-name-161" type="given" value="GEORGE"/>GEORGE KNIGHT</persName> </hi>. My mother keeps the Carpenter's Arms beer-house at Twickenham—on 19th June I saw Cross come in there—he ordered a glass of porter—I served him, and he gave me a bad half-crown—my mother gave him change—I went out to the grocer's, and they told me that it was bad—I then went after Cross, and told him it was bad—he said he did not know—he gave me a good one, and took back the bad one.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-162" type="witnessName">
<interp inst="t18610708-name-162" type="gender" value="male"/>
<interp inst="t18610708-name-162" type="surname" value="LOOKER"/>
<interp inst="t18610708-name-162" type="given" value="WILLIAM"/>WILLIAM LOOKER</persName> </hi>. I am porter at the King's Head at Twickenham—on the afternoon of 19th June I saw the policeman with Green and the prisoner in custody—I saw some papers dropped; I would not swear from whom, but I saw some hands behind them—it was dropped from one of the two, either Green or Wilson—I picked it up and gave it to Sergeant Payne—there were nine base half-crowns, in three packages, of six, two, and one—I saw them marked.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-163" type="witnessName">
<interp inst="t18610708-name-163" type="gender" value="male"/>
<interp inst="t18610708-name-163" type="surname" value="PAYNE"/>
<interp inst="t18610708-name-163" type="given" value="JAMES"/>JAMES PAYNE</persName> </hi> (
<hi rend="italic">Police-sergeant, V</hi> 19). I produce some half-crowns that I got from Looker, and also one that. I took from Cross—it fell from his trousers' leg while I was searching him—I found one good florin on Cross, and 5
<hi rend="italic">d</hi>. in coppers—on Green I found two crown pieces, one half-crown, a shilling, and 5 1/2
<hi rend="italic">d</hi>. in copper, all good, a knife and key—I did not find any
<lb/>thing else on Cross except one bad half-crown.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-164" type="witnessName">
<interp inst="t18610708-name-164" type="gender" value="male"/>
<interp inst="t18610708-name-164" type="surname" value="KNIGHT"/>
<interp inst="t18610708-name-164" type="given" value="GEORGE"/>GEORGE KNIGHT</persName> </hi> (
<hi rend="italic">re-examined</hi>). This is the half-crown he gave me—there was a cut on the top of it when I received it.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Whom did you give it to?
<hi rend="italic">A.</hi> To my mother, and she gave it me back again, and then I went after the prisoner—it was marked in this way when' I had it at first—there was a little mark on the edge.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-165" type="witnessName">
<interp inst="t18610708-name-165" type="gender" value="male"/>
<interp inst="t18610708-name-165" type="surname" value="PAYNE"/>
<interp inst="t18610708-name-165" type="given" value="JAMES"/>JAMES PAYNE</persName> </hi> (
<hi rend="italic">continued</hi>). I marked the crosses on the head.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-166" type="witnessName">
<interp inst="t18610708-name-166" type="gender" value="male"/>
<interp inst="t18610708-name-166" type="surname" value="WEBSTER"/>
<interp inst="t18610708-name-166" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This first half-crown is bad, and there are seven others also bad, and from the same mould—the one found on Cross is from the same mould as the seven dropped—there are two other bad ones; one of George IV., and the other of William IV.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I know nothing about it. I am an unfortunate girl. The half-crown was given me by the man; I did not know it was bad. The witness says that he saw us both put our hands behind us, and saw the half-crowns drop; he said before that he saw the man drop it.</p>
<p>
<hi rend="smallCaps">
<rs id="t18610708-568-verdict-1" type="verdictDescription">
<interp inst="t18610708-568-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18610708-568-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18610708-569">
<interp inst="t18610708-569" type="uri" value="sessionsPapers/18610708"/>
<interp inst="t18610708-569" type="date" value="18610708"/>
<join result="criminalCharge" id="t18610708-569-charge-1" targOrder="Y" targets="def1-569-18610708 t18610708-569-offence-1 t18610708-569-verdict-1"/>
<join result="criminalCharge" id="t18610708-569-charge-2" targOrder="Y" targets="def2-569-18610708 t18610708-569-offence-1 t18610708-569-verdict-2"/>
<join result="criminalCharge" id="t18610708-569-charge-3" targOrder="Y" targets="def3-569-18610708 t18610708-569-offence-1 t18610708-569-verdict-3"/>
<p>569.
<persName id="def1-569-18610708" type="defendantName">
<interp inst="def1-569-18610708" type="gender" value="male"/>
<interp inst="def1-569-18610708" type="age" value="33"/>
<interp inst="def1-569-18610708" type="surname" value="GREEN"/>
<interp inst="def1-569-18610708" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN GREEN</hi> (33)</persName>,
<persName id="def2-569-18610708" type="defendantName">
<interp inst="def2-569-18610708" type="gender" value="female"/>
<interp inst="def2-569-18610708" type="age" value="19"/>
<interp inst="def2-569-18610708" type="surname" value="WILSON"/>
<interp inst="def2-569-18610708" type="given" value="MARGARET"/>
<hi rend="largeCaps">MARGARET WILSON</hi> (19)</persName>, and
<persName id="def3-569-18610708" type="defendantName">
<interp inst="def3-569-18610708" type="gender" value="male"/>
<interp inst="def3-569-18610708" type="age" value="21"/>
<interp inst="def3-569-18610708" type="surname" value="CROSS"/>
<interp inst="def3-569-18610708" type="given" value="EDWARD"/>
<hi rend="largeCaps">EDWARD CROSS</hi> (21)</persName>
<rs id="t18610708-569-offence-1" type="offenceDescription">
<interp inst="t18610708-569-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18610708-569-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">CRAWFORD</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-170" type="witnessName">
<interp inst="t18610708-name-170" type="gender" value="female"/>
<interp inst="t18610708-name-170" type="surname" value="BURIDGE"/>
<interp inst="t18610708-name-170" type="given" value="EMILY"/>EMILY BURIDGE</persName> </hi>. (
<hi rend="italic">The evidence of this witness given in the last ease was read over, to which she assented.</hi>)</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-171" type="witnessName">
<interp inst="t18610708-name-171" type="gender" value="male"/>
<interp inst="t18610708-name-171" type="surname" value="GODDARD"/>
<interp inst="t18610708-name-171" type="given" value="JAMES"/>JAMES GODDARD</persName> </hi> (
<hi rend="italic">Policeman, V</hi> 387).
<hi rend="italic">The evidence of this witness given in the last case was read over to him, to which he assented, and added</hi>: When I saw Wilson and Cross sitting down, they were about one hundred yards from the White Horse beer-shop.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-172" type="witnessName">
<interp inst="t18610708-name-172" type="gender" value="male"/>
<interp inst="t18610708-name-172" type="surname" value="KNIGHT"/>
<interp inst="t18610708-name-172" type="given" value="GEORGE"/>GEORGE KNIGHT</persName> </hi>. My master keeps the Carpenter's Arms—on 19th June I saw Cross come in—he ordered some porter—I served him, and he paid me with a bad half-crown, which I gave to my mother the moment after, and she thought it was bad—I did not lose sight of it at all—she rung it, and</p>
<xptr type="pageFacsimile" doc="186107080038"/>
<p>gave it back to me, and I ran over to the grocer's, and then ran after the prisoner, told him it was bad, and he said he did not know—he gave me a good one, and took that bad one from me—the change my mother give him was a 2
<hi rend="italic">s</hi>. piece, and 5
<hi rend="italic">d</hi>. in half-pence.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> How long was he in your mothers house?
<hi rend="italic">A.</hi> About three minutes—I gave it to my mother at once, and she rang it while he was then—I said something to him while he was there—we gave him the change after she had rung it—it was directly afterwards that I went over to the grocer's—the prisoner was then walking up the town—I did not lose sight of the half-crown at the grocer's.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-173" type="witnessName">
<interp inst="t18610708-name-173" type="gender" value="male"/>
<interp inst="t18610708-name-173" type="surname" value="LOOKER"/>
<interp inst="t18610708-name-173" type="given" value="WILLIAM"/>WILLIAM LOOKER</persName> </hi>. (
<hi rend="italic">The evidence of this witness given in the last case was read over to him, to which he assented.</hi>)</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you say at the station that Cross was the man who dropped the parcel?
<hi rend="italic">A.</hi> No, I did not—the sergeant did not say to me, that that was not the man that had been with the woman—I had not been drinking.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-174" type="witnessName">
<interp inst="t18610708-name-174" type="gender" value="male"/>
<interp inst="t18610708-name-174" type="surname" value="PAYNE"/>
<interp inst="t18610708-name-174" type="given" value="JAMES"/>JAMES PAYNE</persName> </hi> (
<hi rend="italic">Police-sergeant, V</hi> 19). I brought Cross in custody to the station—I found him in the road—I had been summoned to help the other policeman—I followed him there—I went to assist him—I saw the little boy following Cross there—I took Cross into custody—I told him that I should take him in custody for uttering a counterfeit half-crown—he said, "If I did, it is a mistake; I did not do it intentionally"—he seemed very confused, and spoke stutteringly—I searched him, and while doing so, a half-crown dropped from his trousers' leg—I found on him a florin, and 5
<hi rend="italic">d</hi>. in coppers, good money—he said about the half-crown, "That is the one I changed at the beer-shop"—I received these three packages (
<hi rend="italic">produced</hi>) from Looker—he said, "One of the men dropped these"—I said, "Who was it?"—he said, "The man along of the woman when Goddard came up"—that was Green—on searching Green I found two five-shilling pieces, a half-crown, a shilling, and 5 1/2
<hi rend="italic">d</hi>. in good money.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you say that Cross was not with the woman at all?
<hi rend="italic">A.</hi> No; I asked him which man it was, and he said the one that was along with Goddard—he did not point out either.</p>
<p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">JAMES GODDARD</hi>.
<hi rend="italic">Q.</hi> When you apprehended them, where was the man?
<hi rend="italic">A.</hi> Close by the side of the woman; both were standing on the kerb.</p>
<p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">WILLIAM LOOKER</hi>.
<hi rend="italic">Q.</hi> Where did you pick up these packages?
<hi rend="italic">A.</hi> Just outside the kerb, two or three feet from the pavement—they were not all dropped in a lump, but one here, and another there—I saw Green's hands move at the time, but I would not swear that he dropped it—I said at the station that the man chucked something out, but I would not swear it was the money.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-175" type="witnessName">
<interp inst="t18610708-name-175" type="gender" value="female"/>
<interp inst="t18610708-name-175" type="surname" value="SMITH"/>
<interp inst="t18610708-name-175" type="given" value="ELIZA"/>ELIZA SMITH</persName> </hi>. My master keeps the White Horse beer-shop, Richmond-road, Twickenham—I serve behind the bar—on 19th June, a little after 3 o'clock, Green came in—I served him with half-a-pint of beer, and a bottle of ginger-beer—he tendered a half-crown—I tried it—it was bad—I gave it him back—he said it looked a rum un—he gave me a good 6
<hi rend="italic">d</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-176" type="witnessName">
<interp inst="t18610708-name-176" type="gender" value="male"/>
<interp inst="t18610708-name-176" type="surname" value="COLLEY"/>
<interp inst="t18610708-name-176" type="given" value="ROBERT"/>ROBERT COLLEY</persName> </hi>. I am the landlord of the Sun Tavern, Long-acre—Cross came there, on 11th June, I believe; I cannot swear to the date; it was somewhere about that time—he called for a glass of six ale, and threw a half-crown on the counter—I saw it was bad, and threw it down before he drank the ale, jumped over the counter, bolted the door, sent for a policeman, and gave him into custody, with the bad half-crown—I marked</p>
<xptr type="pageFacsimile" doc="186107080039"/>
<p>it before I parted with it—he was taken to Bow-street, and discharged there by the Magistrate.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Did I not do anything after I was set at liberty?
<hi rend="italic">A.</hi> You came and paid for the glass of ale, which the Magistrate said you had better do.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-177" type="witnessName">
<interp inst="t18610708-name-177" type="gender" value="male"/>
<interp inst="t18610708-name-177" type="surname" value="MARSH"/>
<interp inst="t18610708-name-177" type="given" value="EDWARD"/>EDWARD MARSH</persName> </hi> (
<hi rend="italic">Policeman, F</hi> 163). I produce a counterfeit half-crown, which I got from the last witness—I took Cross into custody, and took him before the Magistrate at Bow-street—it was the 11th June—the prisoner said he had come from Yarmouth fishery—he was discharged.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-178" type="witnessName">
<interp inst="t18610708-name-178" type="gender" value="male"/>
<interp inst="t18610708-name-178" type="surname" value="WHITE"/>
<interp inst="t18610708-name-178" type="given" value="EDWARD"/>EDWARD WHITE</persName> </hi> (
<hi rend="italic">Police-sergeant, D</hi> 16). I am acquainted with the prisoners—I have known Cross two or three months in London—I know the other two—I have seen them in company together—I did know where Jones lived, but I do not know where he lives now—I know where Cross lives—Wilson lives with him, cohabiting—I have seen her and Cross constantly for the last two or three months—on 10th May last his associate was tried here for uttering, and Cross at that time was working with him in passing bad money, and as soon as the man was convicted, Cross went to live with Galloway, the female prisoner—I had known him in London about six or seven weeks before 10th January.</p>
<p>
<hi rend="italic">Wilson.</hi> That man has never lived with me.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Where have they been living?
<hi rend="italic">A.</hi> George-street, Lisson-grove—I have seen them both there, going into the same house constantly—I have been given to understand by the parties of the house that they occupied the same room—I have never seen them in the same room together.</p>
<p>
<hi rend="smallCaps">
<persName id="t18610708-name-179" type="witnessName">
<interp inst="t18610708-name-179" type="gender" value="male"/>
<interp inst="t18610708-name-179" type="surname" value="WEBSTER"/>
<interp inst="t18610708-name-179" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This half-crown is bad, and from the same mould as eight of the others.</p>
<p>
<hi rend="italic">Green's Defence.</hi> I know nothing about the parcel that was found in the road.</p>
<p>
<hi rend="italic">Wilson's Defence.</hi> I know nothing about the men.</p>
<p>
<hi rend="largeCaps">GREEN</hi>
<hi rend="smallCaps">
<rs id="t18610708-569-verdict-1" type="verdictDescription">
<interp inst="t18610708-569-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18610708-569-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.**</p>
<p>
<hi rend="largeCaps">WILSON</hi>
<hi rend="smallCaps">
<rs id="t18610708-569-verdict-2" type="verdictDescription">
<interp inst="t18610708-569-verdict-2" type="verdictCategory" value="guilty"/>
<interp ins