<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<p>Sessions Paper.</p>
<p>Short-hand Writers to the Court</p>
<p>VOLUME LV.</p>
<p>Law Publishers to the Queen's Most Excellent Majesty.</p>
<xptr type="pageFacsimile" doc="186111250002"/>
<p>On the Queen's Commission of</p>
<p>The City of London,</p>
<p>OF THE</p>
<p>Held on Monday, November 25th, 1861, and following days.</p>
<hi rend="smallCaps">BEFORE</hi> the Right Hon.
<persName id="t18611125-name-1" type="judiciaryName">
<interp inst="t18611125-name-1" type="gender" value="male"/>
<interp inst="t18611125-name-1" type="surname" value="CUBBITT"/>
<interp inst="t18611125-name-1" type="given" value="WILLIAM"/>
<interp inst="t18611125-name-1" type="occupation" value="LORD MAYOR OF LONDON"/>
<hi rend="largeCaps">WILLIAM CUBITT</hi> </persName>, Lord Mayor of the City of London; Sir
<persName id="t18611125-name-2" type="judiciaryName">
<interp inst="t18611125-name-2" type="gender" value="male"/>
<interp inst="t18611125-name-2" type="surname" value="BRAMWELL"/>
<interp inst="t18611125-name-2" type="given" value="GEORGE"/>
<interp inst="t18611125-name-2" type="occupation" value="Baron of Her Majesty's Court of Exchequer"/>George Bramwell</persName>, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir
<persName id="t18611125-name-3" type="judiciaryName">
<interp inst="t18611125-name-3" type="gender" value="male"/>
<interp inst="t18611125-name-3" type="surname" value="BYLES"/>
<interp inst="t18611125-name-3" type="given" value="JOHN BARNARD"/>
<interp inst="t18611125-name-3" type="occupation" value="Justice of Her Majesty's Court of Common Pleas"/>John Barnard Byles</persName>, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir
<persName id="t18611125-name-4" type="judiciaryName">
<interp inst="t18611125-name-4" type="gender" value="male"/>
<interp inst="t18611125-name-4" type="surname" value="DUKE"/>
<interp inst="t18611125-name-4" type="given" value="JAMES"/>
<interp inst="t18611125-name-4" type="occupation" value="Alderman and Member of Parliament"/>James Duke</persName>, Bart., M.P.;
<persName id="t18611125-name-5" type="judiciaryName">
<interp inst="t18611125-name-5" type="gender" value="male"/>
<interp inst="t18611125-name-5" type="surname" value="SIDENY"/>
<interp inst="t18611125-name-5" type="given" value="THOMAS"/>
<interp inst="t18611125-name-5" type="occupation" value="Alderman and Member of Parliament"/>Thomas Sidney</persName>, Esq. M.P.; Sir
<persName id="t18611125-name-6" type="judiciaryName">
<interp inst="t18611125-name-6" type="gender" value="male"/>
<interp inst="t18611125-name-6" type="surname" value="MOON"/>
<interp inst="t18611125-name-6" type="given" value="FRANCIS GRAHAM"/>
<interp inst="t18611125-name-6" type="occupation" value="Alderman"/>Francis Graham Moon</persName>, Bart., F.S.A.; and
<persName id="t18611125-name-7" type="judiciaryName">
<interp inst="t18611125-name-7" type="gender" value="male"/>
<interp inst="t18611125-name-7" type="surname" value="CARTER"/>
<interp inst="t18611125-name-7" type="given" value="JOHN"/>
<interp inst="t18611125-name-7" type="occupation" value="Alderman"/>John Carter</persName>, Esq., F.A.S., and F.R.A.S, Aldermen of the said City;
<persName id="t18611125-name-8" type="judiciaryName">
<interp inst="t18611125-name-8" type="gender" value="male"/>
<interp inst="t18611125-name-8" type="surname" value="GURNEY"/>
<interp inst="t18611125-name-8" type="given" value="RUSSELL"/>
<interp inst="t18611125-name-8" type="occupation" value="Recorder of the City of London"/>Russell Gurney</persName>, Esq., Q.C. Recorder of the said city;
<persName id="t18611125-name-9" type="judiciaryName">
<interp inst="t18611125-name-9" type="gender" value="male"/>
<interp inst="t18611125-name-9" type="surname" value="HALE"/>
<interp inst="t18611125-name-9" type="given" value="WARREN STORMES"/>
<interp inst="t18611125-name-9" type="occupation" value="Alderman"/>Warren Stormes Hale</persName>, Esq.;
<persName id="t18611125-name-10" type="judiciaryName">
<interp inst="t18611125-name-10" type="gender" value="male"/>
<interp inst="t18611125-name-10" type="surname" value=""/>
<interp inst="t18611125-name-10" type="given" value=""/>
<interp inst="t18611125-name-10" type="occupation" value=""/>Benjamin Samuel Phillips</persName>, Esq.;
<persName id="t18611125-name-11" type="judiciaryName">
<interp inst="t18611125-name-11" type="gender" value="male"/>
<interp inst="t18611125-name-11" type="surname" value="MECHI"/>
<interp inst="t18611125-name-11" type="given" value="JOHN JOSEPH"/>
<interp inst="t18611125-name-11" type="occupation" value="Alderman"/>John Joseph Mechi</persName>, Esq.;
<persName id="t18611125-name-12" type="judiciaryName">
<interp inst="t18611125-name-12" type="gender" value="male"/>
<interp inst="t18611125-name-12" type="surname" value="ABBISS"/>
<interp inst="t18611125-name-12" type="given" value="JAMES"/>
<interp inst="t18611125-name-12" type="occupation" value="Alderman"/>James Abbiss</persName>, Esq.; and
<persName id="t18611125-name-13" type="judiciaryName">
<interp inst="t18611125-name-13" type="gender" value="male"/>
<interp inst="t18611125-name-13" type="surname" value="DAKIN"/>
<interp inst="t18611125-name-13" type="given" value="THOMAS"/>
<interp inst="t18611125-name-13" type="occupation" value="Alderman"/>Thomas Dakin</persName>, Esq.; Aldermen of the said City; and
<persName id="t18611125-name-14" type="judiciaryName">
<interp inst="t18611125-name-14" type="gender" value="male"/>
<interp inst="t18611125-name-14" type="surname" value="CHAMBERS"/>
<interp inst="t18611125-name-14" type="given" value="THOMAS"/>
<interp inst="t18611125-name-14" type="occupation" value="Common Serjeant of the City of London"/>Thomas Chambers</persName>, Esq., Q.C. Common Serjeant of the said City; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.</p>
<persName id="t18611125-name-15" type="judiciaryName">
<interp inst="t18611125-name-15" type="gender" value="male"/>
<interp inst="t18611125-name-15" type="surname" value="COCKERELL"/>
<interp inst="t18611125-name-15" type="given" value="GEORGE JOSEPH"/>
<interp inst="t18611125-name-15" type="occupation" value="Sheriff"/>
<hi rend="smallCaps">GEORGE JOSEPH COCKERELL</hi> </persName>, Esq.</p>
<persName id="t18611125-name-16" type="judiciaryName">
<interp inst="t18611125-name-16" type="gender" value="male"/>
<interp inst="t18611125-name-16" type="surname" value="TWENTYMAN"/>
<interp inst="t18611125-name-16" type="given" value="WILLIAM HOLME"/>
<interp inst="t18611125-name-16" type="occupation" value="Sheriff"/>
<hi rend="smallCaps">WILLIAM HOLME TWENTYMAN</hi> </persName>, Esq.</p>
<hi rend="italic">Sheriffs.</hi> </p>
<persName id="t18611125-name-17" type="judiciaryName">
<interp inst="t18611125-name-17" type="gender" value="male"/>
<interp inst="t18611125-name-17" type="surname" value="FARRAR"/>
<interp inst="t18611125-name-17" type="given" value="FREDERICK"/>
<interp inst="t18611125-name-17" type="occupation" value="Under-Sheriff"/>
<hi rend="smallCaps">FREDERICK FARRAR</hi> </persName>, ESQ.</p>
<persName id="t18611125-name-18" type="judiciaryName">
<interp inst="t18611125-name-18" type="gender" value="male"/>
<interp inst="t18611125-name-18" type="surname" value="GAMMON"/>
<interp inst="t18611125-name-18" type="given" value="CHARLES"/>
<interp inst="t18611125-name-18" type="occupation" value="Under-Sheriff"/>
<hi rend="smallCaps">CHARLES GAMMON</hi> </persName>, ESQ.</p>
<hi rend="italic">Under-Sheriffs.</hi> </p>
<xptr type="pageFacsimile" doc="186111250007"/> </div1>
<hi rend="italic">The following Prisoners, upon whom the Sentence of the Court was respited at the time of Trial, have since been sentenced as under:</hi> </p>
<p>Vol. Iv.
<hi rend="italic">Page Sentence.</hi> </p>
<persName id="t18611125-name-19">
<interp inst="t18611125-name-19" type="gender" value="male"/>
<interp inst="t18611125-name-19" type="surname" value="JONES"/>
<interp inst="t18611125-name-19" type="given" value="EBENEZER PRICE"/>Jones, Ebenezer Price</persName>... 12... Confined Eighteen Months.</p>
<persName id="t18611125-name-20">
<interp inst="t18611125-name-20" type="gender" value="male"/>
<interp inst="t18611125-name-20" type="surname" value="AYLING"/>
<interp inst="t18611125-name-20" type="given" value="JOHN"/>Ayling, John</persName>... 17... Confined Twelve Months.</p>
<persName id="t18611125-name-21">
<interp inst="t18611125-name-21" type="gender" value="male"/>
<interp inst="t18611125-name-21" type="surname" value="PERKINS"/>
<interp inst="t18611125-name-21" type="given" value="JOHN"/>Perkins, John</persName>... 39...Five Year's Penal Servitude.</p>
<persName id="t18611125-name-22">
<interp inst="t18611125-name-22" type="gender" value="male"/>
<interp inst="t18611125-name-22" type="surname" value="SMITH"/>
<interp inst="t18611125-name-22" type="given" value="JOHN CORSS"/>Smith, John Corss</persName>... 119...Three Years' Penal Servitude.</p>
<persName id="t18611125-name-23">
<interp inst="t18611125-name-23" type="gender" value="male"/>
<interp inst="t18611125-name-23" type="surname" value="COLLIER"/>
<interp inst="t18611125-name-23" type="given" value="THOMAS FREDERICK"/>Collier, Thomas Frederick</persName>... 365... Confined Six Days.</p>
<persName id="t18611125-name-24">
<interp inst="t18611125-name-24" type="gender" value="female"/>
<interp inst="t18611125-name-24" type="surname" value="ELLEN"/>
<interp inst="t18611125-name-24" type="given" value="SCANDELIN"/>Scandelin, Ellen</persName>... 493... Confined Nine Months.</p>
<persName id="t18611125-name-25">
<interp inst="t18611125-name-25" type="gender" value="male"/>
<interp inst="t18611125-name-25" type="surname" value="MCCALLAH"/>
<interp inst="t18611125-name-25" type="given" value="JOSEPH"/>McCallah, Joseph</persName>... 505... Confined Twelve Months in a Reformatory.</p>
<persName id="t18611125-name-26">
<interp inst="t18611125-name-26" type="gender" value="male"/>
<interp inst="t18611125-name-26" type="surname" value="BROWN"/>
<interp inst="t18611125-name-26" type="given" value="GEORGE"/>Brown, George,
<hi rend="italic">alias</hi>
<rs id="t18611125-alias-1" type="alias">
<join result="nameAlias" targOrder="Y" targets="t18611125-name-26 t18611125-alias-1"/>Smith, Josiah</rs> </persName>...Three Years' Penal Servitude.</p>
<persName id="t18611125-name-27">
<interp inst="t18611125-name-27" type="gender" value="male"/>
<interp inst="t18611125-name-27" type="surname" value="DEGARTON"/>
<interp inst="t18611125-name-27" type="given" value="JAMES"/>Degarton, James</persName>... 602...Three Years' Penal Servitude.</p>
<persName id="t18611125-name-28">
<interp inst="t18611125-name-28" type="gender" value="female"/>
<interp inst="t18611125-name-28" type="surname" value="BREHAM"/>
<interp inst="t18611125-name-28" type="given" value="JANE"/>Breham, Jane</persName>... 611... Confined Twelve Months.</p>
<persName id="t18611125-name-29">
<interp inst="t18611125-name-29" type="gender" value="female"/>
<interp inst="t18611125-name-29" type="surname" value="HAYDON"/>
<interp inst="t18611125-name-29" type="given" value="MARY"/>Haydon, Mary</persName>... 645... Confined Six Months.</p>
<persName id="t18611125-name-30">
<interp inst="t18611125-name-30" type="gender" value="female"/>
<interp inst="t18611125-name-30" type="surname" value="HOLMES"/>
<interp inst="t18611125-name-30" type="given" value="MARIA"/>Holmes, Maria</persName>... 645... Confined Twelve Months.</p>
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<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<hi rend="largeCaps">CUBITT, MAYOR. SECOND MAYORALTY</hi>.</p>
<hi rend="largeCaps">FIRST SESSION</hi>.</p>
<hi rend="italic">A star</hi> (*)
<hi rend="italic">denotes that prisoners have been previously in custody—two stars</hi> (**)
<hi rend="italic">that they have been more than once in custody—an obelisk</hi> (†)
<hi rend="italic">that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.</hi> </p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Monday, November</hi> 25
<hi rend="italic">th</hi>, 1861.</p>
<hi rend="largeCaps">PRESENT</hi>.—The Right Hon. the
<hi rend="largeCaps">LORD MAYOR</hi>;
<hi rend="smallCaps">SIR
<persName id="t18611125-name-31" type="judiciaryName">
<interp inst="t18611125-name-31" type="gender" value="male"/>
<interp inst="t18611125-name-31" type="surname" value="DUKE"/>
<interp inst="t18611125-name-31" type="given" value="JAMES"/>JAMES DUKE</persName> </hi>, Bart. Ald., M.P.;
<hi rend="smallCaps">SIR
<persName id="t18611125-name-32" type="judiciaryName">
<interp inst="t18611125-name-32" type="gender" value="male"/>
<interp inst="t18611125-name-32" type="surname" value="MOON"/>
<interp inst="t18611125-name-32" type="given" value="FRANCIS GRAHAM"/>FRANCIS GRAHAM MOON</persName> </hi>, Bart. Ald.; Mr.
<hi rend="smallCaps">RECORDER</hi>; and Mr. Ald
<hi rend="smallCaps">HALE</hi>.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p>
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<interp inst="def1-1-18611125" type="gender" value="male"/>
<interp inst="def1-1-18611125" type="age" value="61"/>
<interp inst="def1-1-18611125" type="surname" value="HOLLOWAY"/>
<interp inst="def1-1-18611125" type="given" value="HENRY"/>
<interp inst="def1-1-18611125" type="occupation" value="clergyman"/>
<hi rend="largeCaps">HENRY HOLLOW AY</hi> (61)</persName>, was indicted
<rs id="t18611125-1-offence-1" type="offenceDescription">
<interp inst="t18611125-1-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18611125-1-offence-1" type="offenceSubcategory" value="simpleLarceny"/> for stealing 1 bag, 1 coat, and other articles, value 17
<hi rend="italic">l</hi>., the property of
<persName id="t18611125-name-34" type="victimName">
<interp inst="t18611125-name-34" type="gender" value="male"/>
<interp inst="t18611125-name-34" type="surname" value="GREGORY"/>
<interp inst="t18611125-name-34" type="given" value="THOMAS"/>
<interp inst="t18611125-name-34" type="occupation" value="clergyman"/>
<join result="offenceVictim" targOrder="Y" targets="t18611125-1-offence-1 t18611125-name-34"/>Thomas Gregory</persName>, clerk.</rs> </p>
<hi rend="smallCaps">MESSRS. SLEIGH</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">LAWRENCE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18611125-name-35" type="witnessName">
<interp inst="t18611125-name-35" type="gender" value="male"/>
<interp inst="t18611125-name-35" type="surname" value="GREGORY"/>
<interp inst="t18611125-name-35" type="given" value="THOMAS"/>REV. THOMAS GREGORY</persName> </hi>. I am a clergyman living at Weston Lodge Grove
<lb/>end, St John's-wood—on Monday, 12th August, I went to the London-bridge terminus of the South-Eastern railway—it was after 10 o'clock when I got there—I had a large black leather bag with me—it was one like this (
<hi rend="italic">produced</hi>)—it had no mark on it whatever—I gave a police-constable the key of that bag when be afterwards came to my house, I cannot say the date—after getting my ticket I took my bag to the place where the luggage is labeled, and requested the porter to put the usual mark upon it—I left it with the porter and went away for a minute or two, and when I returned my bag was gone, and this other bag (
<hi rend="italic">produced</hi>) was left in its place—my bag was quite full; this appeared to have nothing in it, comparatively—I had not packed my bag myself, my daughter's maid packed it for me—this coat and pair of trousers and boots (
<hi rend="italic">produced</hi>) are mine, and were in my bag—I can also swear positively to these slippers and these collars—this note paper has my monogram and crest on it—this Church Service has my writing in it—the contents of the bag were worth about 17
<hi rend="italic">l</hi>.—I cannot speak to the bag; it is similar to the one I had.</p>
<hi rend="italic">Prisoner. Q.</hi> Before this charge had you known anything dishonourable of me?
<hi rend="italic">A.</hi> I have not seen you for many years, only once I think during the last ten years; but I could not suppose for a moment that you or any clergy man would be guilty of such a thing—I cannot form any notion of the weight of the bag—I was going out to spend a few days and it contained all sorts of things—my bag had one canvas division in the centre, and so has this; but I really cannot say anything about the bag—it strikes, me it is like my bag, more I cannot say.</p>
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<hi rend="smallCaps">
<persName id="t18611125-name-36" type="witnessName">
<interp inst="t18611125-name-36" type="gender" value="male"/>
<interp inst="t18611125-name-36" type="surname" value="HARRIS"/>
<interp inst="t18611125-name-36" type="given" value="WILLIAM"/>WILLIAM HARRIS</persName> </hi>. I am an officer in the employment of the London, Chatham, and Dover Railway, at the Victoria-station—on 23d August I took the prisoner into custody at that station, and took from him a bag which I believe to be the one produced—I can't be exactly positive of it—I gave it up to Parish.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-37" type="witnessName">
<interp inst="t18611125-name-37" type="gender" value="male"/>
<interp inst="t18611125-name-37" type="surname" value="PARISH"/>
<interp inst="t18611125-name-37" type="given" value="JOHN"/>JOHN PARISH</persName> </hi> (
<hi rend="italic">Policeman, A</hi> 280). I received the prisoner in custody on 23d August—I received this bag from Harris, and afterwards received this key from Mr. Gregory; it opens the bag.</p>
<hi rend="italic">Prisoner. Q.</hi> Did you not find everything correct that I told you as to my lodging and everything else?
<hi rend="italic">A.</hi> Yes; perfectly correct.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-38" type="witnessName">
<interp inst="t18611125-name-38" type="gender" value="female"/>
<interp inst="t18611125-name-38" type="surname" value="GREASBY"/>
<interp inst="t18611125-name-38" type="given" value="CHARLOTTE"/>CHARLOTTE GREASBY</persName> </hi>. I am a servant in the employ of Mr. Gregory—I packed a bag for him on Monday, 12th August—I am in the habit of packing his bag for him when he goes out—this coat, trousers, and boots are part of the things I put into the bag—this is exactly like the bag—it had no division, only a pocket like his—to the best of my belief this is the bag—it is exactly like it—the collars, the slippers, and the Church Service, I put in the bag.</p>
<hi rend="italic">Prisoner. Q.</hi> Was there a canvas division to the bag independent of the pocket?
<hi rend="italic">A.</hi> No—I have been in the habit of packing the bag for three years.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-39" type="witnessName">
<interp inst="t18611125-name-39" type="gender" value="female"/>
<interp inst="t18611125-name-39" type="surname" value="YOUNG"/>
<interp inst="t18611125-name-39" type="given" value="HARRIET"/>HARRIET YOUNG</persName> </hi>. I am the daughter of Mrs. Young, of 12, Stafford
<lb/>place—the prisoner lodged there—I remember his coming home on 12th August with a bag—it was like this, about the same size—he asked me to carry it upstairs for him—I said I could not—it appeared very heavy—it seemed full.</p>
<hi rend="italic">Prisoner.</hi> My reason for asking her to carry it upstairs was because I had been ill for some time, and was crippled in my hands and feet.
<hi rend="italic">Witness.</hi> He said he had the rheumatics, and it was very awkward for him to carry it up.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-40" type="witnessName">
<interp inst="t18611125-name-40" type="gender" value="female"/>
<interp inst="t18611125-name-40" type="surname" value="CAVENDISH"/>
<interp inst="t18611125-name-40" type="given" value="ANN"/>ANN CAVENDISH</persName> </hi>. I live at 35, Hendon-street, with my sister—I am not married—I have been in the habit of letting lodgings—I know the prisoner—in August last he was indebted to me a sum of money—on 14th August he brought some clothes and gave them to me to dispose of—these produced are the articles—I saw a man at the door give them to Mr. Holloway out of a blue bag, and he brought them to me, and said he had bought them of him—I did not see him buy them—I saw him give the Jew some money, but I do not know what it was—he brought them upstairs to me, and then from my place he took them over to his lodging; and next morning he brought them over to me and told me that I could have them, for he had bought them for a gentleman and they were too large for him, and if I liked to have them I could, and dispose of them in which way I liked—I took them to a Jew's to sell them; but he offered me so small a sum that I took them to a pawnbroker's, Mr. Chapman's, in the Queen's-road, Pimlico, and there pledged them for 25
<hi rend="italic">s</hi>.—the prisoner had not been in the habit of buying things from persons at the door in this way—I have known him eight years, and never knew him do anything wrong—I have never said anything before to-day about seeing him buy these things at the door—I never was asked the question, or any question, only about pledging the clothes.</p>
<hi rend="italic">Prisoner. Q.</hi> What day used I to pay you?
<hi rend="italic">A.</hi> Mostly on Monday; sometimes on Tuesday—I went to the lodging on a Thursday—the week would not be owing until the Thursday.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Was he lodging with you at this time?
<hi rend="italic">A.</hi> No; he was lodging opposite—he used to board with me.</p>
<xptr type="pageFacsimile" doc="186111250013"/>
<hi rend="italic">Prisoner. Q.</hi> Did not I mention to you some days previously that I was going to buy some things for a gentleman?
<hi rend="italic">A.</hi> You did say so, and that they would not fit him—you said that at the time you brought the things to me—you said the gentleman wanted money, he did not wish for clothes—you did not tell me to pawn them—I told you I had sold them for 1
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>.—you said you gave a considerable deal more for them—I showed you the ticket—you said you had a great horror of doing this thing, and you would not look at the ticket—the man at the door took the things out of a blue bag—this black bag is yours; I have known you to have it for some time; I cannot say how long—I recollect on Monday, the 12th, your putting a great many papers into it—you said you were going out of town—when you left me you said you were going home to your lodging.</p>
<hi rend="smallCaps">MR. SLEIGH</hi>
<hi rend="italic">Q.</hi> How long have you known the prisoner?
<hi rend="italic">A.</hi> Eight years—I have known him in different places besides London—he was a lodger of mine in the country; not at Croydon—we lodged in the same house at Croydon—I knew him when I was living at Deptford—I can't say whether I saw this bag lying on the table at the police-court—I saw several bags—my attention was not in any way called to this bag—I saw it produced, and heard Mr. Gregory say he could not positively swear to it—I did not then say anything about having seen it in the prisoner's possession—I was never asked.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> How do you know that bag to be the bag which the prisoner has had?
<hi rend="italic">A.</hi> I feel confident of it, it is so much like the shape of the bag—there is no particular mark upon it; I never noticed a mark—I often saw the inside of it—I have packed it for him when he went away—I have not looked at it now—I have been speaking from the outside—the prisoner's bag was quite plain inside, with a little side pocket—I do not remember anything about the inside pocket—(
<hi rend="italic">looking at the bag</hi>) this is it.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-41" type="witnessName">
<interp inst="t18611125-name-41" type="gender" value="male"/>
<interp inst="t18611125-name-41" type="surname" value="YERRILL"/>
<interp inst="t18611125-name-41" type="given" value="WILLIAM CRISP"/>WILLIAM CRISP YERRILL</persName> </hi>. I am assistant to Mr. Chapman, a pawnbroker, in Queen's-road, Pimlico—on 14th August the witness Cavendish pawned this coat, trousers, and boots produced, with me for 1
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>.—I have the ticket here.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">ANN CAVENDISH</hi>.
<hi rend="italic">Q.</hi> On what day of the week was it you pawned these things?
<hi rend="italic">A.</hi> On the Tuesday I think; I cannot remember—as near as I can guess, I saw them in the prisoner's possession two or three days before he brought them to me; but I cannot remember—I saw a person hand them to him, and he paid some money to the person—I really cannot remember how long that was before I pawned them—I cannot remember the day of the week that he brought them to me—he took them over to his lodging the day he bought them; and then, next morning, he brought them to me openly over his arm, and I think, if I am not mistaken, I had them in the house some days, it may have been two or three days, but I cannot tell how long—there was nothing more besides the coat, trousers, and boots—when he brought them in he laid them on the couch and said he had just bought them.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-42" type="witnessName">
<interp inst="t18611125-name-42" type="gender" value="male"/>
<interp inst="t18611125-name-42" type="surname" value="TAIT"/>
<interp inst="t18611125-name-42" type="given" value="GEORGE"/>GEORGE TAIT</persName> </hi>. I am a porter in the employ of the South-Eastern Railway Company, at the Loudon-bridge terminus—I remember on a Monday in August Mr. Gregory coming to the station at a little past 11 o'clock; he had a black bag with him—it was very much like this—I could not swear to it—it was only about a second in my possession—it was left in my charge—I was labeling some baggage dose by, and my back was turned, and when Mr. Gregory came to me again he asked me for the bag, and I turned and saw it was gone, and this other bag left in its place—Mr. Gregory's bag was full—the bag that was left in its place was in much the same state</p>
<xptr type="pageFacsimile" doc="186111250014"/>
<p>that it is now—I cannot say that I saw the prisoner at the station that day—I hare seen him two or three times.</p>
<hi rend="italic">Prisoner. Q.</hi> How long have you been with the Railway Company?
<hi rend="italic">A.</hi> About eleven years—I can't say how often I have seen you; but several times—there is a good deal of difference between the appearance of the two bags when you come to look at them.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-43" type="witnessName">
<interp inst="t18611125-name-43" type="gender" value="male"/>
<interp inst="t18611125-name-43" type="surname" value="GILLMORE"/>
<interp inst="t18611125-name-43" type="given" value="ALLAN"/>ALLAN D. GILLMORE</persName> </hi>. I am a constable at the Waterloo-station of the South-Western Railway Company—on Monday, 19th August, I saw the prisoner in the first-class waiting-room at Waterloo, between 7 and 8 o'clock.</p>
<hi rend="italic">Prisoner. Q.</hi> Are you certain you saw me between 7 and 8?
<hi rend="italic">A.</hi> I am.</p>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> After he was gone did you find a bag?
<hi rend="italic">A.</hi> No; I saw inspector Bent find it on a stool—this is it (
<hi rend="italic">produced</hi>) that was found after 8 o'clock; five or ten minutes after I had seen the prisoner there.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Do you know whether or not that bag was there before the prisoner came in?
<hi rend="italic">A.</hi> I do not.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-44" type="witnessName">
<interp inst="t18611125-name-44" type="gender" value="male"/>
<interp inst="t18611125-name-44" type="surname" value="BERT"/>
<interp inst="t18611125-name-44" type="given" value="THOMAS"/>THOMAS BERT</persName> </hi>. I am an inspector of police at the South Western Rail
<lb/>way station—in consequence of some information that was given to me I looked about the waiting-room and found this bag on a seat outside the office; not in the waiting-room—on opening this bag I found in it the pro
<lb/>perty which has been produced, with Mr. Gregory's name upon it—the articles were subsequently shown to Mr. Gregory at the Police-court—the bag was found about three yards from the waiting-room, close to the door—there were no trains arriving or departing at the time; they were waiting for the mail train at half-past 8, and there was a train at five minutes past 8.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-45" type="witnessName">
<interp inst="t18611125-name-45" type="gender" value="male"/>
<interp inst="t18611125-name-45" type="surname" value="ADDISON"/>
<interp inst="t18611125-name-45" type="given" value="CHARLES GREENSTREET"/>CHARLIES GREENSTREET ADDISON</persName> </hi>. I am a barrister—this bag is my pro
<lb/>perty—I lost it the first Monday in August at the Victoria Station—I see my initials plainly on the bag; they have been rubbed out, but have since appeared again.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-46" type="witnessName">
<interp inst="t18611125-name-46" type="gender" value="male"/>
<interp inst="t18611125-name-46" type="surname" value="BEGBIE"/>
<interp inst="t18611125-name-46" type="given" value="ROBERT"/>ROBERT BEGBIE</persName> </hi>. I am an East India merchant—I was at the Waterloo station as a passenger on the evening of the 19th August—I arrived at the station about five minutes before—I had with me one of Mechi's bags—I missed it—I looked for it with the porter everywhere but could not find it—I think it was between 8 o'clock and twenty-five minutes past—a small common leather bag for carrying papers in was left in lieu of my bag, and that was claimed by somebody immediately afterwards.</p>
<hi rend="italic">The prisoner in a long defence, after complaining of the length of time he had been in custody and the treatment received by him in the House of Deten
<lb/>tion, stated that he should be able to prove that the bag claimed by the pro
<lb/>secutor was his own, and that he had had it for eleven years; that he had only been at the London Bridge station on two occasions since October</hi>, 1860,
<hi rend="italic">and those were on</hi> 19
<hi rend="italic">th or</hi> 20
<hi rend="italic">th July last, and previously, to see the remains of the great fire: that on being taken into custody he had given his correct name and address, which he should not have done had he been guilty, and that the state of his health was such as to render him physically incapable of carrying away the bag alleged to be stolen.</hi> </p>
<hi rend="smallCaps">
<persName id="t18611125-name-47" type="witnessName">
<interp inst="t18611125-name-47" type="gender" value="male"/>
<interp inst="t18611125-name-47" type="surname" value="HOLMES"/>
<interp inst="t18611125-name-47" type="given" value="WILLIAM"/>WILLIAM HOLMES</persName> </hi>. I have known the prisoner about six years—from what I knew of him while he was a resident in my house, I could not sup
<lb/>pose he would be guilty of the acts he is charged with; he bore a very good character—he has resided with me at intervals during the last six years—I have known him up to March last; that was the last time he left my house—I have frequently seen him since he left my house—as far as my know
<lb/>ledge of him goes he has borne that character up to the present time—I have not seen the bag—(
<hi rend="italic">looking at it</hi>)—I should scarcely like to swear to</p>
<xptr type="pageFacsimile" doc="186111250015"/>
<p>this bag; the size is similar to Mr. Holloway's bag, which I have packed several times—it had no partition in it; it had a pocket like this; but bags are so much alike I could not swear to it—it is exactly similar to the bag that I have packed for him five or six times—his bag was a little torn at the hinge; I perceive this is mended—the tear was more in the lining than the leather—he had the bag in my house from the first time I knew him; that would be six years—I remember his coming to my house in January, 1860; he was then in a very infirm state of health—I should think he remained in that state for three or four months before Dr. Fuller saw him—he very seldom went out—he remained with me after Dr. Fuller came, until September, principally confined to his room—he very seldom went out, and only for very short intervals—he returned to my house on 3d January, 1861—he was very unwell at that time, and during the time that he then remained with me he was principally confined to his room—his eyes were bad and his hands also, and I had to write a great many letters for him because he could not see—he remained with me until the 13th or 14th March—I have seen him occasionally walk about the room with an I umbrella and stick—I remember his losing the use of his hands during the time he was with me—I should say he was incapable of carrying anything or walking away with anything, but he partially recovered before he left me; and he went out on one or two occasions before he left me, but even then he was not able to carry any of his luggage down the stairs, I took it all down for him to the cab, and went with it to the George and Blue Boar, Holborn—I saw him many times while he was there, and I have met him at Storey's Gate, once or twice by appointment—he was then apparently very infirm in the bands and feet when he walked—from knowing him infirmities and from his character, I really could not suppose him capable of doing what is laid to his charge; I was astounded when I heard it.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. LAWRENCE</hi>.
<hi rend="italic">Q.</hi> Where do you reside?
<hi rend="italic">A.</hi> 3, New-street, Dorset-square—that was where the prisoner lodged with me—the last time he left my house was in March, but I have seen him since then at the George and Blue Boar and at Storey's-gate—I am a bookseller—I have a shop—I was not at the Police-court when the examination took place—one of the detectives came to my house and acquainted me with the fact that the prisoner was in the House of Detention; that was the firs I heard of this charge—I believe I was at the Police-court the second time he was examined—I have packed a bag like this several times for him—I can't say any particular time; when he left my house on various occasions I packed it for him—he always requested me to do it; he considered that I was more capable of packing it than he was—the last time I packed it was a day or two previous to his leaving my house in March, 1861.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-48" type="witnessName">
<interp inst="t18611125-name-48" type="gender" value="female"/>
<interp inst="t18611125-name-48" type="surname" value="CAVENDISH"/>
<interp inst="t18611125-name-48" type="given" value="ANN"/>ANN CAVENDISH</persName> </hi> (
<hi rend="italic">re-called</hi>). I recollect the 19th of August—the prisoner was at home on that day; he was very ill on the sofa and could not move; he had a dreadful pain in the limbs—he said he had occasion to go to the Bank on the Monday, and he was so ill he should defer it till the Tuesday, and he did not go out that day—I know it was the 19th August that he was so ill, because I went down and spoke to my landlady that day in regard of some rent.</p>
<hi rend="italic">Cross-examined. Q.</hi> Where was it that he was at home all day on the 19th?
<hi rend="italic">A.</hi> At my place; he came over from his lodging about half-past 8 or 9 to breakfast—he was very ill when he came over, and he did not leave the place again—he was not lodging in the same house with me; he came to breakfast with me—he staid till half-past 10 or 11 o'clock at night—I think he never went out that day—he used to stay the whole of the day at</p>
<xptr type="pageFacsimile" doc="186111250016"/>
<p>my place—when he used to come in the morning he never used to leave the room till he went over to his lodging in the evening.</p>
<hi rend="italic">Q.</hi> Will you undertake to swear that he was in your lodging at 5 o'clock that evening, pray be cautious?
<hi rend="italic">A.</hi> I think he was; I feel confident of it—I can't say for certain; be has been at born so many days.</p>
<hi rend="smallCaps">
<rs id="t18611125-1-verdict-1" type="verdictDescription">
<interp inst="t18611125-1-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611125-1-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">on Second Count.</hi> </p> </div1>
<div1 type="trialAccount" id="t18611125-2">
<interp inst="t18611125-2" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-2" type="date" value="18611125"/>
<join result="criminalCharge" id="t18611125-2-charge-1" targOrder="Y" targets="def1-2-18611125 t18611125-2-offence-1 t18611125-2-verdict-1"/>
<persName id="def1-2-18611125" type="defendantName">
<interp inst="def1-2-18611125" type="gender" value="male"/>
<interp inst="def1-2-18611125" type="age" value="61"/>
<interp inst="def1-2-18611125" type="surname" value="HOLLOWAY"/>
<interp inst="def1-2-18611125" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY HOLLOWAY</hi> </persName> was
<hi rend="italic">again</hi> indicted
<rs id="t18611125-2-offence-1" type="offenceDescription">
<interp inst="t18611125-2-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18611125-2-offence-1" type="offenceSubcategory" value="simpleLarceny"/> for Stealing, on 5th August, a portmanteau, a coat, and other articles, the property of
<persName id="t18611125-name-50" type="victimName">
<interp inst="t18611125-name-50" type="gender" value="male"/>
<interp inst="t18611125-name-50" type="surname" value="ADDISON"/>
<interp inst="t18611125-name-50" type="given" value="CHARLES GREENSTREET"/>
<interp inst="t18611125-name-50" type="occupation" value="lawyer"/>
<join result="offenceVictim" targOrder="Y" targets="t18611125-2-offence-1 t18611125-name-50"/>Charles Green street Addison.</persName> </rs> </p>
<hi rend="smallCaps">MR. SLEIGH</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18611125-name-51" type="witnessName">
<interp inst="t18611125-name-51" type="gender" value="male"/>
<interp inst="t18611125-name-51" type="surname" value="ADDISON"/>
<interp inst="t18611125-name-51" type="given" value="CHARLES GREENSTREET"/>CHARLES GREENSTREET ADDISON</persName> </hi>. I am a member of the bar, and reside in Alfred-place, Thurlow-square—on Monday, 5th August, I was at the Pimlico terminus for the purpose of proceeding on the Croydon line, between 9 and 10 in the morning—I had with me a portmanteau
<hi rend="italic">produced</hi>)—there were no porters there, and I took it in my hand—I arrived there before the pigeou-hole, at which the tickets are taken, was opened, and I placed my portmanteau on the bench, and walked up and down until the place was opened—whilst I was walking up and down I observed that an elderly person came and sat down on the bench, leaning with his back against my portmanteau, and I observed that once or twice, as I walked up and down, he appeared to be watching me, and he moved as if to see whether I was coming to take the portmanteau, evidently endeavouring to ascertain whether I was the owner of it—when the pigeon-hole was opened 1 wept and got my ticket, and then turned towards the door to see if any friends of mine were going by the train—on turning back I went to the bench and found that my portmanteau was gone—I then went on to the platform and communicated with some porter or policeman—I told him what had oc
<lb/>curred, and a search was made about the station, and in a short time the witness, Mrs. Healy, came up to me and made a statement—my portmanteau contained a dress coat and other things—I was going to the Croydon Assizes—it was not looked—my initials were on it—I see them now—they have been painted out but have made their appearance since—it cost me 12
<hi rend="italic">l</hi>. or 13
<hi rend="italic">l</hi>. to renew the things I lost—these collars have my name on them.</p>
<hi rend="italic">Prisoner. Q.</hi> Can you take on yourself to state that it was me you saw?
<hi rend="italic">A.</hi> No; I have not said so—I did not observe the person so as to be able to speak to him.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-52" type="witnessName">
<interp inst="t18611125-name-52" type="gender" value="female"/>
<interp inst="t18611125-name-52" type="surname" value="HEALY"/>
<interp inst="t18611125-name-52" type="given" value="ELIZABETH"/>ELIZABETH HEALY</persName> </hi>. I live at 2, Rutland-terrace, Pimlico—on Monday morning, 5th August, I was at the Victoria station—I saw a portmanteau there, and I saw an old gentleman—I was sitting on the corner of the bench, opposite where they take the tickets for the Crystal Palace, and the old gentleman was on my left-hand aide, on the same Beat—it was outside the waiting-room—I saw him take up the portmanteau and walk out as if he was going to the train—it was a portmanteau very like this—it was about a quarter to 11 o'clock, I think, as nearly as I can recollect—the prisoner was the old gentleman I saw take the portmanteau—I am sure of him—I made a communication to the porter when the owner of the portmanteau came up and made inquiries, and described what I had seen.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Was the portmanteau taken from the place where you saw Mr. Addison come to look for it?
<hi rend="italic">A.</hi> Yes, just that very spot—it was all momentarily done—as I sat down, the old gentleman was in the act of rising—I think there was a train just going to the Crystal Palace—he took it from the corner of a seat—it was quite close to where he was.</p>
<xptr type="pageFacsimile" doc="186111250017"/>
<hi rend="italic">Prisoner. Q.</hi> When do you say this occurred?
<hi rend="italic">A.</hi> On 5th August—I said before the Magistrate that I did not know the day, but I have since ound out that it was 5th August—I cannot tell when it was that I next saw you—it was when I was called on to go to Westminster to identify you; I do not remember the day—I know it to be the 5th August, because my landlady had a child died that morning—if I had seen you between 5th August and the 30th, I should have known you—I think it was three or four weeks afterwards that I saw you—I did not have any conversation with any policeman before I identified you—a policeman came to leave the paper for me to appear, but I was not at home, and he left it with my landlady—I think you carried the bag in your left hand, but I did not take that particular notice—I am sure it was you—I caught a clear glance of your face—the sun was shining full on you—I said I thought you were between fifty and sixty years of age—of course I could not judge a person's age momentarily—it was all done in two minutes—it was not your stature that I noticed, it was your face—I did not say when you stood at the bar that I considered it was a much shorter man than you.</p>
<hi rend="smallCaps">MR. SLEIGH</hi>
<hi rend="italic">Q.</hi> Have you any doubt whatever that the prisoner is the person you saw take the portmanteau?
<hi rend="italic">A.</hi> No, I have no doubt.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Were you sent for to the police-office in order to identify him?
<hi rend="italic">A.</hi> Tea; I saw him in the Court at the bar, not with other persons—I was asked if that was the man that took the portmanteau, and I said "Yes"—I did not exactly know at that time that he was the person charged with it, but I knew that was the business I was there upon.</p>
<hi rend="italic">Prisoner. Q.</hi> Was I not pointed out to you by some person as you came into court?
<hi rend="italic">A.</hi> No; I knew no person in court; they were all strangers to me.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-53" type="witnessName">
<interp inst="t18611125-name-53" type="gender" value="male"/>
<interp inst="t18611125-name-53" type="surname" value="TAIT"/>
<interp inst="t18611125-name-53" type="given" value="GEORGE"/>GEORGE TAIT</persName> </hi>. I am a porter at the South Eastern Railway, London-bridge—I remember a gentleman coming to that station with a black leather bag about the middle of August—I did not remember the day when I was at the police-court, but it was on the 12th August—I put it down in a book at home—the gentleman gave me a carpet bag to look after while he went round the corner, and when he returned the bag was gone, and this one was put in its place—I tried to find an owner for it—I went to every carriage in the train, first, second, and third class, and looked underneath the seats, but could not see any bag corresponding with the one that was lost—I took this bag to the station-master, and then to the lost property office—I could not say that I saw the prisoner at the station that day—I have seen him there two or three times, but I cannot be sure when it was.</p>
<hi rend="italic">Prisoner. Q.</hi> What time was the bag left there?
<hi rend="italic">A.</hi> A little past 11; I should say from a quarter to twenty minutes past.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-54" type="witnessName">
<interp inst="t18611125-name-54" type="gender" value="male"/>
<interp inst="t18611125-name-54" type="surname" value="HOLLOWAY"/>
<interp inst="t18611125-name-54" type="given" value="JOHN SANDERS"/>JOHN SANDERS HOLLOWAY</persName> </hi>. I am a clerk in the lost-property office at the South Eastern Railway—I remember a portmanteau being brought to me in August by the last witness—it was on 12th August—it was deposited in my charge—there is a register label on it in my writing—it remained in my care till 31st August; I then handed it to Carpenter—it was then in the same state as when it was delivered to me.</p>
<hi rend="italic">Prisoner. Q.</hi> How long have you been at that station?
<hi rend="italic">A.</hi> Near upon five years—I cannot say that I have seen you there—I have nothing to do with the passengers—I am employed in the office.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-55" type="witnessName">
<interp inst="t18611125-name-55" type="gender" value="male"/>
<interp inst="t18611125-name-55" type="surname" value="CARPENTER"/>
<interp inst="t18611125-name-55" type="given" value="JOHN"/>JOHN CARPENTER</persName> </hi>. I am superintendent of the Brighton Railway Police—I received from the last witness the portmanteau now produced—it is now in the same state as when he gave it to me—it contains the same articles—</p>
<xptr type="pageFacsimile" doc="186111250018"/>
<p>those articles were produced to Mr. Addison in my presence, and he identified them, and also the portmantean.</p>
<hi rend="italic">Prisoner. Q.</hi> You took all my papers from me; have you got the testimonial or the subscription list with respect to the hospital of St. Cross?
<hi rend="italic">A.</hi> I have not; I believe it is here—I delivered it over to our solicitors by the Magistrate's order—they gave a copy to your solicitor—I told the Magistrate it was necessary I should detain. it—I believed that I should have brought forward some cases against you in consequence of it, and I could have done so—I have seen you at the Victoria station on several occasions within the last year—I stated that I had seen you on several occasions in waiting rooms on different occasions at a table, having a bag open with a large number of papers and documents—I saw you on two different occasions at the South Eastern Railway at a table looking at docu
<lb/>ments, and once at the Victoria station—I cannot fix the dates, except the date of seeing you at the Victoria-station, and that was 10th August—I have known you for several years—I have seen you repeatedly for the last three years at the different railway-stations—the last time I saw you at the London-bridge station was about the latter end of July, or the beginning of August.</p>
<hi rend="italic">Prisoner's Defence.</hi> I had a witness here who could have proved a complete.
<hi rend="italic">alibi</hi> as far as 5th August is concerned, but she has left. I was at the Shakespeare Hotel that day at ten minutes past 10 o'clock. I went from there to Mr. Benjamin Bond Cabbell’s, in Chapel-street, Edgeware-road, respecting the amalgamation of a new hospital with that of St. Cross; that gentleman gave me a cheque for 5
<hi rend="italic">l</hi>., on Scott's house, towards the expense I had been at with respect to St Cross' Hospital I went and purchased a stock of a person in the Edgeware-road, and tendered the cheque there; he did not know Mr. Cabbell, and therefore said he would send the stock I had purchased to the Shakespeare Hotel. He did so, and I came back and paid him; as he has left I have it not in my power to prove this, or I could have proved that by no possibility could I have been at the station at the time stated. I stayed at the hotel from ten minutes past 10 until about ten minutes pact 11, and never went from there. I was extremely lame at the time, and when I came out he assisted me out of the cab into the hotel He could also depose to my general infirmity since April.</p>
<hi rend="smallCaps">
<rs id="t18611125-2-verdict-1" type="verdictDescription">
<interp inst="t18611125-2-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611125-2-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">There were three other indictments against the prisoner.
<rs id="t18611125-2-punishment-1" type="punishmentDescription">
<interp inst="t18611125-2-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t18611125-2-punishment-1" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-1-18611125 t18611125-2-punishment-1"/>Confined Eighteen Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18611125-3">
<interp inst="t18611125-3" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-3" type="date" value="18611125"/>
<join result="criminalCharge" id="t18611125-3-charge-1" targOrder="Y" targets="def1-3-18611125 t18611125-3-offence-1 t18611125-3-verdict-1"/>
<persName id="def1-3-18611125" type="defendantName">
<interp inst="def1-3-18611125" type="gender" value="male"/>
<interp inst="def1-3-18611125" type="age" value="22"/>
<interp inst="def1-3-18611125" type="surname" value="JOHNSTON"/>
<interp inst="def1-3-18611125" type="given" value="ALFRED"/>
<hi rend="largeCaps">ALFRED JOHNSTON</hi> (22)</persName>,
<rs id="t18611125-3-offence-1" type="offenceDescription">
<interp inst="t18611125-3-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18611125-3-offence-1" type="offenceSubcategory" value="simpleLarceny"/> Stealing 9 Cashmere wrappers, value 13
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. the property of
<persName id="t18611125-name-57" type="victimName">
<interp inst="t18611125-name-57" type="gender" value="male"/>
<interp inst="t18611125-name-57" type="surname" value="BUNDOCK"/>
<interp inst="t18611125-name-57" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18611125-3-offence-1 t18611125-name-57"/>John Bundock</persName>, having been before convicted of felony; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18611125-3-verdict-1" type="verdictDescription">
<interp inst="t18611125-3-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611125-3-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18611125-3-punishment-2" type="punishmentDescription">
<interp inst="t18611125-3-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18611125-3-punishment-2" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-3-18611125 t18611125-3-punishment-2"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18611125-4">
<interp inst="t18611125-4" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-4" type="date" value="18611125"/>
<join result="criminalCharge" id="t18611125-4-charge-1" targOrder="Y" targets="def1-4-18611125 t18611125-4-offence-1 t18611125-4-verdict-1"/>
<persName id="def1-4-18611125" type="defendantName">
<interp inst="def1-4-18611125" type="gender" value="male"/>
<interp inst="def1-4-18611125" type="age" value="18"/>
<interp inst="def1-4-18611125" type="surname" value="BRITTER"/>
<interp inst="def1-4-18611125" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM BRITTER</hi> (18)</persName>
<rs id="t18611125-4-offence-1" type="offenceDescription">
<interp inst="t18611125-4-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18611125-4-offence-1" type="offenceSubcategory" value="forgery"/>, Feloniously forging and uttering a request for the delivery of 2 printed books, with intent to defraud
<persName id="t18611125-name-59" type="victimName">
<interp inst="t18611125-name-59" type="gender" value="male"/>
<interp inst="t18611125-name-59" type="surname" value="BUTTERWORTH"/>
<interp inst="t18611125-name-59" type="given" value="JOSHUA WHITEHEAD"/>
<join result="offenceVictim" targOrder="Y" targets="t18611125-4-offence-1 t18611125-name-59"/>Joshua Whitehead Butterworth</persName>; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18611125-4-verdict-1" type="verdictDescription">
<interp inst="t18611125-4-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611125-4-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18611125-4-punishment-3" type="punishmentDescription">
<interp inst="t18611125-4-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18611125-4-punishment-3" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-4-18611125 t18611125-4-punishment-3"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18611125-5">
<interp inst="t18611125-5" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-5" type="date" value="18611125"/>
<join result="criminalCharge" id="t18611125-5-charge-1" targOrder="Y" targets="def1-5-18611125 t18611125-5-offence-1 t18611125-5-verdict-1"/>
<persName id="def1-5-18611125" type="defendantName">
<interp inst="def1-5-18611125" type="gender" value="male"/>
<interp inst="def1-5-18611125" type="age" value="59"/>
<interp inst="def1-5-18611125" type="surname" value="WILSON"/>
<interp inst="def1-5-18611125" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN WILSON</hi> (59)</persName>
<rs id="t18611125-5-offence-1" type="offenceDescription">
<interp inst="t18611125-5-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18611125-5-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing a metal pot value 1
<hi rend="italic">s</hi>., the property of
<persName id="t18611125-name-61" type="victimName">
<interp inst="t18611125-name-61" type="gender" value="male"/>
<interp inst="t18611125-name-61" type="surname" value="DIXON"/>
<interp inst="t18611125-name-61" type="given" value="CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t18611125-5-offence-1 t18611125-name-61"/>Charles Dixon</persName>;
<hi rend="italic">also</hi> one other metal pot; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18611125-5-verdict-1" type="verdictDescription">
<interp inst="t18611125-5-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611125-5-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18611125-5-punishment-4" type="punishmentDescription">
<interp inst="t18611125-5-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18611125-5-punishment-4" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-5-18611125 t18611125-5-punishment-4"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18611125-6">
<interp inst="t18611125-6" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-6" type="date" value="18611125"/>
<join result="criminalCharge" id="t18611125-6-charge-1" targOrder="Y" targets="def1-6-18611125 t18611125-6-offence-1 t18611125-6-verdict-1"/>
<persName id="def1-6-18611125" type="defendantName">
<interp inst="def1-6-18611125" type="gender" value="male"/>
<interp inst="def1-6-18611125" type="age" value="30"/>
<interp inst="def1-6-18611125" type="surname" value="MAURICE"/>
<interp inst="def1-6-18611125" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM MAURICE</hi> (30)</persName>
<rs id="t18611125-6-offence-1" type="offenceDescription">
<interp inst="t18611125-6-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18611125-6-offence-1" type="offenceSubcategory" value="embezzlement"/>, Embezzling the sums of 25
<hi rend="italic">l</hi>., 206
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., and 15
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>., also 20
<hi rend="italic">l</hi>. and 29
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>., 11
<hi rend="italic">d</hi>., which he had received on account of
<persName id="t18611125-name-63" type="victimName">
<interp inst="t18611125-name-63" type="gender" value="male"/>
<interp inst="t18611125-name-63" type="surname" value="PENSON"/>
<interp inst="t18611125-name-63" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18611125-6-offence-1 t18611125-name-63"/>George Penson</persName> his master; to all which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18611125-6-verdict-1" type="verdictDescription">
<interp inst="t18611125-6-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611125-6-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18611125-6-punishment-5" type="punishmentDescription">
<interp inst="t18611125-6-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18611125-6-punishment-5" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-6-18611125 t18611125-6-punishment-5"/>Four Years' Penal Servitude.</rs> </hi> </p>
<hi rend="italic">The prosecutor stated the amount of the prisoner's defalcations to be</hi> 310
<hi rend="italic">l</hi>.</p> </div1>
<div1 type="trialAccount" id="t18611125-7">
<interp inst="t18611125-7" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-7" type="date" value="18611125"/>
<join result="criminalCharge" id="t18611125-7-charge-1" targOrder="Y" targets="def1-7-18611125 t18611125-7-offence-1 t18611125-7-verdict-1"/>
<xptr type="pageFacsimile" doc="186111250019"/>
<persName id="def1-7-18611125" type="defendantName">
<interp inst="def1-7-18611125" type="gender" value="male"/>
<interp inst="def1-7-18611125" type="age" value="32"/>
<interp inst="def1-7-18611125" type="surname" value="HART"/>
<interp inst="def1-7-18611125" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE HART</hi> (32)</persName>
<rs id="t18611125-7-offence-1" type="offenceDescription">
<interp inst="t18611125-7-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18611125-7-offence-1" type="offenceSubcategory" value="forgery"/>, Feloniously forging and uttering an under-taking for the payment of 4
<hi rend="italic">l</hi>., with intent to defraud.</rs> </p>
<hi rend="smallCaps">MR. F. H. LEWIS</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18611125-name-65" type="witnessName">
<interp inst="t18611125-name-65" type="gender" value="male"/>
<interp inst="t18611125-name-65" type="surname" value="CLARK"/>
<interp inst="t18611125-name-65" type="given" value="WILLIAM"/>WILLIAM CLARK</persName> </hi>. I live at 39, Giffard-street, Kingsland-road—I am clerk and manager to Mr. John Jacobs, of Fiusbury-place, South—he advances money on loan—I recollect this proposal coming, I think about 10th September—I afterwards saw the prisoner upon it—I think he came the office on 17th September—I asked him his name and likewise the (name of his security; he said, a Jabez Goody n—he came with a party who he represented as Jabez Goody—a clerk wrote out the guarantee, and I myself gate him the money—I had not seen Jabez Goody before; I had made inquiry about him—the prisoner had previously been there and said that Mr. Goody could not come up then, but he would on the Thursday evening—the prisoner was the applicant for the loan—he signed this paper in my presence—I made inquiries as to Good's responsibility at 17 1/2 Clarence-street, Waterloo-town, Bethnal Green—I afterwards communicated to the prisoner that I had made inquiries about Goody; that was before I paid him the money—I cannot tell the date—the next time I saw him was on 17th, about half-past 8 o'clock in the evening—he then had the other person with him—I asked the prisoner his own name—he said, "George Hart"—I then asked the name of his security, and he said, "John Goody"—he pointed out the man with him as Jabez Goody—I then asked the clerk to make out the guarantee and the I.O.U., and after it was signed, I paid him the money—this is the guarantee (
<hi rend="italic">produced</hi>)—it is signed "J. Goody" this was signed by the party who the prisoner brought, in his presence—I paid the prisoner 3
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—the money was to be lent at ten per cent, to repaid in instalments of 2
<hi rend="italic">s</hi>. a week-8
<hi rend="italic">s</hi>. was deducted for interest, and 2
<hi rend="italic">s</hi>. for book, rules and guarantee.</p>
<hi rend="italic">Prisoner. Q.</hi> When I took you the form, in consequence of some delay on your part in inquiring, did not Mr. Goody call at your office to know the cause of your delay?
<hi rend="italic">A.</hi> Yes; I think he did—I mean the real Mr. Goody—I might have told him that the money could be obtained on the Tuesday night following—I cannot tax my memory whether I had then been to his house—I did go to his house, and saw his wife—I was satisfied from what she said that Mr. Goody had left word that he would be your security—I am sure you represented the party you brought on 17th to be Mr. Goody—Mr. Goody did not sign any paper the day he called—I believe you repaid two weeks money, 4
<hi rend="italic">s</hi>. and 7
<hi rend="italic">d</hi>., fine—I did not receive any letter from you after that, stating that you were ill and would call and pay the money—Mr. Jacobs told me that you had called on the Monday to pay the money, and that he had refused it—you called on the Tuesday and were given in charge.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-66" type="witnessName">
<interp inst="t18611125-name-66" type="gender" value="male"/>
<interp inst="t18611125-name-66" type="surname" value="GOODY"/>
<interp inst="t18611125-name-66" type="given" value="JABEZ"/>JABEZ GOODY</persName> </hi>. I live at 17 1/2, Clarence-street, Anglesea-street, Waterloo
<lb/>town, Bethnal-green—I know the prisoner—he came to ask me to become his security—I should say that was four months before 10th September—I would not swear to the date—it was either the latter end of June, or the beginning of July—I told him I had already been surety for a loan and had been sued in the county court for the arrears, and I did not think any office would take my security, and I should not like to go up and offer myself and be rejected—I neither said that I would or that I would not—the name of J. Goody on this guarrantee is not my writing—I did not authorize anybody to sign my name—the prisoner called on me at my place of business about a fortnight after the loan was obtained—he</p>
<xptr type="pageFacsimile" doc="186111250020"/>
<p>told me he had got the money—I said, "What money?"—he said, "The loan w—I said, "How did you get it?"—he said he had taken a person to represent himself to be me and to sign my name, and he did not think there was any harm in it, and I do not think that he did know there was any particular harm in it at the time—I told him that I should never acknowledge the signature, and he must take the responsibility on his own shoulders, and that if I was applied to I should decided say it was not my guar
<lb/>antee, and that it was a false signature.</p>
<hi rend="italic">Prisoner. Q.</hi> When I first asked you to be my security, did not you promise that you would if they would accept you?
<hi rend="italic">A.</hi> No; I did not promise you—I did not know that you were going to take in the form of application—when I came home one day I found that a person had called, and I went up to the office that night—I believe I saw Mr. Clark—I told him my name was Goody—he said he was busy, and to let it stand over till the Thursday—this was on Tuesday—I asked him what application you had made, and he said, "To the amount of 4
<hi rend="italic">l</hi>"—I said, "Do not let him have it until you see" again—you did not tell me, about a fortnight afterwards, that you were going to take the form in that night, nor did I promise to go to the office with you—I did not ask you to wait another week that I might have my house in better order when they called to make the inquiry—I did not tell you that I had, got a fire-glass and a carpet in pledge, and that I was going to get them out that week, and the place would look in better order when they called—I never had a fire-glass, and never had snob a thing in pledge.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-67" type="witnessName">
<interp inst="t18611125-name-67" type="gender" value="male"/>
<interp inst="t18611125-name-67" type="surname" value="BAKER"/>
<interp inst="t18611125-name-67" type="given" value="CHARLES"/>CHARLES BAKER</persName> </hi>. I am a detective officer of the City—I was called to 3, Finsbury-place, South, and took the prisoner into custody—he wished to make some statement; I said, "You are not forted to make any statement without you please; whatever you do may be given in evidence against you—he said he was Tory sorry for what he had done; he did not know there was any harm in it; that he had got a person from a public-house opposite, to sign the name of Jabez Goody—I asked him if be knew the man—he said he was a stranger to him—he had never seen him before in this life—(
<hi rend="italic">The guarantee was here put in and read</hi>).</p>
<hi rend="italic">Prisoner's Defence.</hi> If I have done wrong in this matter, I have done it entirely in ignorance; when I applied to Mr. Goody to become my security, he gave me a positive answer that he would do so; I told him I was going to apply for 4
<hi rend="italic">l</hi>. In consequence of some delay I called once or twice to know whether they had been there to make inquiry, and he said they had not; be thought they were a set of swindlers. He promised to go with me and get the money; I made two payments and was then taken ill I sent a letter stating the reason. I called on the Monday and they refused to take the money, saying the matter had gone too far, and I was to call on the Tuesday. I went on the Tuesday, and they then gave me into custody. I did not do it with the slightest intention of defrauding. Mr. Jacobs.</p>
<hi rend="smallCaps">
<rs id="t18611125-7-verdict-1" type="verdictDescription">
<interp inst="t18611125-7-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611125-7-verdict-1" type="verdictSubcategory" value="withRecommendation"/>GUILTY</rs> </hi>.—
<hi rend="italic">Recommended to mercy by the Jury and pro
<rs id="t18611125-7-punishment-6" type="punishmentDescription">
<interp inst="t18611125-7-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18611125-7-punishment-6" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-7-18611125 t18611125-7-punishment-6"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18611125-8">
<interp inst="t18611125-8" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-8" type="date" value="18611125"/>
<join result="criminalCharge" id="t18611125-8-charge-1" targOrder="Y" targets="def1-8-18611125 t18611125-8-offence-1 t18611125-8-verdict-1"/>
<persName id="def1-8-18611125" type="defendantName">
<interp inst="def1-8-18611125" type="gender" value="male"/>
<interp inst="def1-8-18611125" type="age" value="23"/>
<interp inst="def1-8-18611125" type="surname" value="EVANS"/>
<interp inst="def1-8-18611125" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES EVANS</hi> (23)</persName>
<rs id="t18611125-8-offence-1" type="offenceDescription">
<interp inst="t18611125-8-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18611125-8-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously wounding
<persName id="t18611125-name-69" type="victimName">
<interp inst="t18611125-name-69" type="gender" value="female"/>
<interp inst="t18611125-name-69" type="surname" value="MULLENS"/>
<interp inst="t18611125-name-69" type="given" value="SARAH"/>
<join result="offenceVictim" targOrder="Y" targets="t18611125-8-offence-1 t18611125-name-69"/>Sarah Mullens</persName>, with intent to do her grievous bodily harm.</rs> </p>
<hi rend="smallCaps">
<persName id="t18611125-name-70" type="witnessName">
<interp inst="t18611125-name-70" type="gender" value="female"/>
<interp inst="t18611125-name-70" type="surname" value="MULLENS"/>
<interp inst="t18611125-name-70" type="given" value="SARAH"/>SARAH MULLENS</persName> </hi>. I live at 14, Pye-street, Westminster—I have been living with the prisoner as his wife for twelve months—I left him in consequence of going to the hospital for an accident I met with at Charing Cross—I came out a week before this occurred—I saw the prisoner when I came</p>
<xptr type="pageFacsimile" doc="186111250021"/>
<p>out—he promised to meet me at half-past 8 o'clock on the evening in question—I neglected to meet him—I met with a friend and got drinking—I was rather intoxicated, and I went home to go to bed—somebody who lodged in the house knocked at the door and asked for a light—that was about half-past 1 or 2 o'clock, I think, but I cannot say exactly—my room is the back parlour—I thought I heard the prisoner's footsteps, and I said, "Here is Jim coming, come in"—I thought be would strike me, seeing me drinking with this man—the man had a bottle of gin in his pocket—I said to him, "Come in," and blew the candle out—I had been drinking with him from half-past 8 in the evening, till that time—it was the same person that knocked at the door for the light—I told him to come in and fasten the door—the prisoner asked me to open it—I did not take any notice—he said, "Sarah; I know you are indoors; if you don't open it, I'll burst it open"—he did burst it open, and ran over to the fire-place, and took up something and struck me in the arm—he also struck me on my head—I cannot tell whether I struck him or not—I ran away as well as I could—I did not see any knife—there was a short-bladed knife in the room which I had used in having my supper—I cannot say whether I left that on the bed, or where it was—I was taken to the infirmary.</p>
<hi rend="italic">Prisoner. Q.</hi> When I knocked at the door, was not the man in bed with I you?
<hi rend="italic">A.</hi> Yes; he was—I was in my chemise—you had cautioned me against that man that very morning, and told me to have nothing to say to him—the man said that if you put your head inside the door he would open it with the poker—I cannot say whether I struck you—I was frightened that you would beat me, but I do not know what happened after you struck me—you said to me, "Is this what you mean?" and then struck me with something from the fire-place—I told you that I had been drinking with this man all night, and that he had paid the landlord a week's rent for me, and that I had got drunk with him.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-71" type="witnessName">
<interp inst="t18611125-name-71" type="gender" value="male"/>
<interp inst="t18611125-name-71" type="surname" value="LAVIES"/>
<interp inst="t18611125-name-71" type="given" value="JOHN"/>JOHN LAVIES</persName> </hi>. I am surgeon of St. Margaret's workhouse—I saw the prosecutrix there on the Thursday afternoon—she was exceedingly exhausted, apparently from loss of blood—she had a wound on the left side of her head—it had been bound up by the medical man at the hospital, and I did not disturb it that day; she also had a wound about an inch and a half in length on the right arm, and a small wound on the left arm, also a very large graze on the left arm as if from a fight; and she was bruised consi
<lb/>derably about the back and lower part of the person—the wound on the arm was an incised wound, and that on the ear also—it must have been done by some sharp instrument—after she had been in the hospital two or three days she lost a very large quantity of blood from the lower part of her person—that was partly the result of the bruising—the incised wound was not a deep wound, nor that on the ear either—part of the ear was cut completely through.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-72" type="witnessName">
<interp inst="t18611125-name-72" type="gender" value="female"/>
<interp inst="t18611125-name-72" type="surname" value="MULLENS"/>
<interp inst="t18611125-name-72" type="given" value="MARY ANN"/>MARY ANN MULLENS</persName> </hi>. I am the prosecutrix's sister—about a quarter-past 3 o'clock on this morning, the prisoner knocked at my door and said he wanted to speak to me—he told me he had been home, that my sister was at home, and that there was somebody there that had a poker in his hand, and he wrenched the poker out of his hand—I asked if he had struck her with it—he said, "You will see her to-morrow morning, and she is a perfect object."</p>
<hi rend="italic">Q.</hi> Did not I say she would have something to show you, tat I could not help it after finding out what I did?
<hi rend="italic">A.</hi> Yes; you said you had found her in bed with one of the lodgers—you did not say you had beat her for it.</p>
<xptr type="pageFacsimile" doc="186111250022"/>
<hi rend="smallCaps">
<persName id="t18611125-name-73" type="witnessName">
<interp inst="t18611125-name-73" type="gender" value="male"/>
<interp inst="t18611125-name-73" type="surname" value="WHITE"/>
<interp inst="t18611125-name-73" type="given" value="JAMES"/>JAMES WHITE</persName> </hi> (
<hi rend="italic">Policeman, B</hi> 45). I was near Pye-street on this night—I saw the prosecutrix come out of the house with nothing on but her chemise, bleeding from a wound in her arm—I took her to the hospital—they did not consider the case bad enough for her to remain there—I advised her to go home, but she would not for fear of the prisoner—I then took her to the workhouse—she became very ill there—I apprehended the prisoner three days afterwards in Union-street, Borough—he was concealed under a bed—I told him to come out, and said I was a constable, and wanted him on a charge of cutting and wounding—he said, "I did not stab her, but I knocked her about, and I am b----sorry I did not give her more."</p>
<hi rend="italic">Prisoner. Q.</hi> Did not I say I was sorry I did not catch the man and give him more?
<hi rend="italic">A.</hi> No; you said nothing about the man.</p>
<hi rend="italic">The prisoner in his defence, stated that the man had threatened him with the poker, and that he wrenched it out of hit hand and beat the prosecutrix, and threw her on the bed, but did not use any knife.</hi> </p>
<rs id="t18611125-8-verdict-1" type="verdictDescription">
<interp inst="t18611125-8-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611125-8-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>.—
<hi rend="italic">Of unlawfully wounding.—</hi> </rs>
<hi rend="italic">
<rs id="t18611125-8-punishment-7" type="punishmentDescription">
<interp inst="t18611125-8-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18611125-8-punishment-7" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-8-18611125 t18611125-8-punishment-7"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18611125-9">
<interp inst="t18611125-9" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-9" type="date" value="18611125"/>
<join result="criminalCharge" id="t18611125-9-charge-1" targOrder="Y" targets="def1-9-18611125 t18611125-9-offence-1 t18611125-9-verdict-1"/>
<persName id="def1-9-18611125" type="defendantName">
<interp inst="def1-9-18611125" type="gender" value="male"/>
<interp inst="def1-9-18611125" type="age" value="35"/>
<interp inst="def1-9-18611125" type="surname" value="JONES"/>
<interp inst="def1-9-18611125" type="given" value="EBENEZER PRICE"/>
<hi rend="largeCaps">EBENEZER PRICE JONES</hi> (35)</persName>
<rs id="t18611125-9-offence-1" type="offenceDescription">
<interp inst="t18611125-9-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18611125-9-offence-1" type="offenceSubcategory" value="bankrupcy"/>, Unlawfully obtaining goods on credit within three months of his bankruptcy, under the false colour and pretence of dealing in the ordinary course of trade;
<hi rend="italic">also</hi>, for removing, con
<lb/>cealing, and embezzling certain quantities of goods with intent to defraud his creditors;
<hi rend="italic">also</hi>, for concealing certain books relating to his personal estate, with a like intent; to which he</rs> </p>
<rs id="t18611125-9-verdict-1" type="verdictDescription">
<interp inst="t18611125-9-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611125-9-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>
<hi rend="smallCaps">PLEADED GUILTY</hi> </rs>.—
<hi rend="italic">
<rs id="t18611125-9-punishment-8" type="punishmentDescription">
<interp inst="t18611125-9-punishment-8" type="punishmentCategory" value="noPunish"/>
<interp inst="t18611125-9-punishment-8" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-9-18611125 t18611125-9-punishment-8"/>Judgment respited.</rs> </hi> </p>
<hi rend="italic">There were two other indictments for not surrendering to the Court of Bank
<lb/>ruptcy, upon which
<hi rend="smallCaps">MR. SLEIGH</hi>, for the Prosecution, offered no evidence.</hi> </p> </div1>
<div1 type="trialAccount" id="t18611125-10">
<interp inst="t18611125-10" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-10" type="date" value="18611125"/>
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<persName id="def1-10-18611125" type="defendantName">
<interp inst="def1-10-18611125" type="gender" value="male"/>
<interp inst="def1-10-18611125" type="age" value="38"/>
<interp inst="def1-10-18611125" type="surname" value="MALANDER"/>
<interp inst="def1-10-18611125" type="given" value="EDWARD"/>
<hi rend="largeCaps">EDWARD MALANDER</hi> (38)</persName>
<rs id="t18611125-10-offence-1" type="offenceDescription">
<interp inst="t18611125-10-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18611125-10-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, Stealing 10 gas burners and 15 gas branches, the property of
<persName id="t18611125-name-76" type="victimName">
<interp inst="t18611125-name-76" type="gender" value="male"/>
<interp inst="t18611125-name-76" type="surname" value="TRUSCOTT"/>
<interp inst="t18611125-name-76" type="given" value="FRANCIS WYATT"/>
<join result="offenceVictim" targOrder="Y" targets="t18611125-10-offence-1 t18611125-name-76"/>Francis Wyatt Truscott</persName> and others, and after
<lb/>wards burglariously breaking out of the said dwelling-house; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18611125-10-verdict-1" type="verdictDescription">
<interp inst="t18611125-10-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611125-10-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18611125-10-punishment-9" type="punishmentDescription">
<interp inst="t18611125-10-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18611125-10-punishment-9" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-10-18611125 t18611125-10-punishment-9"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18611125-11">
<interp inst="t18611125-11" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-11" type="date" value="18611125"/>
<join result="criminalCharge" id="t18611125-11-charge-1" targOrder="Y" targets="def1-11-18611125 t18611125-11-offence-1 t18611125-11-verdict-1"/>
<persName id="def1-11-18611125" type="defendantName">
<interp inst="def1-11-18611125" type="gender" value="male"/>
<interp inst="def1-11-18611125" type="age" value="28"/>
<interp inst="def1-11-18611125" type="surname" value="SMITH"/>
<interp inst="def1-11-18611125" type="given" value="GEORGE ERNEST"/>
<hi rend="largeCaps">GEORGE ERNEST SMITH</hi> (28)</persName>
<rs id="t18611125-11-offence-1" type="offenceDescription">
<interp inst="t18611125-11-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18611125-11-offence-1" type="offenceSubcategory" value="bigamy"/>, Feloniously marrying
<persName id="t18611125-name-78">
<interp inst="t18611125-name-78" type="gender" value="female"/>
<interp inst="t18611125-name-78" type="surname" value="WITHERDEN"/>
<interp inst="t18611125-name-78" type="given" value="ELIZABETH SUSANNAH"/>Elizabeth Susannah Witherden</persName>, his wife being then alive; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18611125-11-verdict-1" type="verdictDescription">
<interp inst="t18611125-11-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611125-11-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18611125-11-punishment-10" type="punishmentDescription">
<interp inst="t18611125-11-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18611125-11-punishment-10" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-11-18611125 t18611125-11-punishment-10"/>Confined Eighteen Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18611125-12">
<interp inst="t18611125-12" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-12" type="date" value="18611125"/>
<join result="criminalCharge" id="t18611125-12-charge-1" targOrder="Y" targets="def1-12-18611125 t18611125-12-offence-1 t18611125-12-verdict-1"/>
<persName id="def1-12-18611125" type="defendantName">
<interp inst="def1-12-18611125" type="gender" value="male"/>
<interp inst="def1-12-18611125" type="age" value="20"/>
<interp inst="def1-12-18611125" type="surname" value="CARPENTER"/>
<interp inst="def1-12-18611125" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN CARPENTER</hi> (20)</persName>
<rs id="t18611125-12-offence-1" type="offenceDescription">
<interp inst="t18611125-12-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18611125-12-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing a watch, value 10
<hi rend="italic">l</hi>. the pro
<lb/>perty of
<persName id="t18611125-name-80" type="victimName">
<interp inst="t18611125-name-80" type="gender" value="male"/>
<interp inst="t18611125-name-80" type="surname" value="MCARTHUR"/>
<interp inst="t18611125-name-80" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18611125-12-offence-1 t18611125-name-80"/>George McArthur</persName>, from his person, having been before convicted of felony; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18611125-12-verdict-1" type="verdictDescription">
<interp inst="t18611125-12-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611125-12-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.**—
<hi rend="italic">
<rs id="t18611125-12-punishment-11" type="punishmentDescription">
<interp inst="t18611125-12-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18611125-12-punishment-11" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-12-18611125 t18611125-12-punishment-11"/>Four Years' Penal Servitude.</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, November</hi> 25
<hi rend="italic">th</hi>, 1861.</p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Ald.
<hi rend="smallCaps">CARTER</hi>; Mr. Ald.
<hi rend="smallCaps">MECHI</hi>; and Mr.
<hi rend="smallCaps">COMMON SERJEANT</hi>.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18611125-13">
<interp inst="t18611125-13" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-13" type="date" value="18611125"/>
<join result="criminalCharge" id="t18611125-13-charge-1" targOrder="Y" targets="def1-13-18611125 t18611125-13-offence-1 t18611125-13-verdict-1"/>
<join result="criminalCharge" id="t18611125-13-charge-2" targOrder="Y" targets="def2-13-18611125 t18611125-13-offence-1 t18611125-13-verdict-1"/>
<persName id="def1-13-18611125" type="defendantName">
<interp inst="def1-13-18611125" type="gender" value="male"/>
<interp inst="def1-13-18611125" type="age" value="32"/>
<interp inst="def1-13-18611125" type="surname" value="JOHNSON"/>
<interp inst="def1-13-18611125" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM JOHNSON</hi> (32)</persName>, and
<persName id="def2-13-18611125" type="defendantName">
<interp inst="def2-13-18611125" type="gender" value="male"/>
<interp inst="def2-13-18611125" type="age" value="24"/>
<interp inst="def2-13-18611125" type="surname" value="BEAN"/>
<interp inst="def2-13-18611125" type="given" value="JOSEPH"/>
<hi rend="largeCaps">JOSEPH BEAN</hi> (24)</persName>
<rs id="t18611125-13-offence-1" type="offenceDescription">
<interp inst="t18611125-13-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18611125-13-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, Stealing 1681bs. of lead, of
<persName id="t18611125-name-83" type="victimName">
<interp inst="t18611125-name-83" type="gender" value="male"/>
<interp inst="t18611125-name-83" type="surname" value="PHILLIPS"/>
<interp inst="t18611125-name-83" type="given" value="RICHARD MARSHALL"/>
<interp inst="t18611125-name-83" type="occupation" value="lighterman"/>
<join result="offenceVictim" targOrder="Y" targets="t18611125-13-offence-1 t18611125-name-83"/>Richard Marshall Phillips </persName>and others, in a barge, in
<placeName id="t18611125-geo-1">
<join result="offencePlace" targOrder="Y" targets="t18611125-13-offence-1 t18611125-geo-1"/>a port</placeName>.</rs> </p>
<hi rend="smallCaps">MESSRS. SLEIGH</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">KEMP</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18611125-name-84" type="witnessName">
<interp inst="t18611125-name-84" type="gender" value="male"/>
<interp inst="t18611125-name-84" type="surname" value="CORTY"/>
<interp inst="t18611125-name-84" type="given" value="JOHN WILLIAM"/>JOHN WILLIAM CORTY</persName> </hi>. I am in the employ of Phillips and Company, lightermen—on Saturday week I took the barge
<hi rend="italic">Star</hi> to the ship
<hi rend="italic">Ellen</hi>, and moored her off the Custom-house Quay—I took 655 pigs of lead from the</p>
<xptr type="pageFacsimile" doc="186111250023"/>
<hi rend="italic">Ellen</hi> and put them into the
<hi rend="italic">Star</hi>—I stowed them in fives; they were thirteen rows high, with fifty in each, and. five over—I dropped her down fifty or sixty yards, to where we moon our craft, and went ashore a very little after five, leaving no one on the barge—I returned to the barge at ten minutes or a quarter past five, with George Burke and Vorley—I saw man on the pile of lead, and the moment he saw me he sprang over into his boat—I ran forward and said, "Hollo! what do you want?"—he said, "I have got nothing! I have got nothing!"—I sprang into the barge, and missed three pigs off the foremost pile against the bulk—head—I sang out, "Police"—I saw one man in the skiff and another in the barge—I believe the prisoners are the men.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> Was there anybody with you when on counted the pigs?
<hi rend="italic">A.</hi> No; but I had to sign the mate's book for it—he is not here—he delivered them to me, and the tide surveyor is supposed to count them—I had been apprenticed to a lighterman, named Cannaway, two years or better—there are no books here; my signature is enough—it took me about three hours and a half to load the pigs—I cannot make a mistake in the number, because I put them five each way and ten high, that is fifty—I have never made a mistake in counting lead or anything else that I am aware of—if I make a mistake I must pay for it, and that makes me careful—there were five over, which were stowed by themselves.</p>
<hi rend="smallCaps">MR. KEMP</hi>.
<hi rend="italic">Q.</hi> Were the piles all the same height?
<hi rend="italic">A.</hi> Yes—when I delivered them two were deficient.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-85" type="witnessName">
<interp inst="t18611125-name-85" type="gender" value="male"/>
<interp inst="t18611125-name-85" type="surname" value="BURKE"/>
<interp inst="t18611125-name-85" type="given" value="GEORGE"/>GEORGE BURKE</persName> </hi>. I am in the service of Messrs. Phillips and Company—on the evening of last Saturday week I went with Wyatt, Corty, and Vorley to the
<hi rend="italic">Ellen</hi>—when we got there I saw the prisoner Bean on the gunwale of the barge, and Johnson in their boat—Bean was easing a pig of lead down to Johnson—I jumped out of our boat on to the barge gunwale, walked on the cabin top, and shouted out, "Police"—no police were near—I said to my companions, "Stop them, Charley"—the prisoners could hear what I said—my companions rowed after them, and Wyatt got hold of a bit of rope attached to their boat and turned it, and we made the best of our way to the shore—when they had got hold of the rope I heard one of the prisoners say to the other, "Throw them overboard," and Bean immediately did so—Johnson, who was rowing, got up from his sculls and assisted in throwing the lead overboard—I saw the lead, and saw and heard the splash—it was thrown overboard from the prisoner's boat.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> How far were you from the boat they were in, when you first saw anything of them?
<hi rend="italic">A.</hi> I should say it was as far or a little farther than from me to that door. (
<hi rend="italic">About thirty-five yards</hi>)—that was when I saw the lead being thrown over—there was a heavy splash in the water—it was between 5 and 6 o'clock—when I saw the man stand
<lb/>ing on the gunwale of the barge I was about five or six yards from the boat—I am sure it was Bean who was on the gunwale—I do not know that some of the other witnesses say it was Johnson—I heard the witnesses at the police-court, but I did not hear them say that—I knew Bean before—a pig of lead weighs very nearly a hundredweight—directly he gave the pig of lead to Johnson I said, "Holloa, there!" and he jumped into the boat and shoved away from the barge, and then they went off—I could swear that there were two pigs of lead thrown into the water—I cannot say what depth the river is there, but it is further out than low water mark—it is off the Custom-house Quay, a tidy bit below London-bridge—attempts have been made to pick the lead up—they have not been found—the police boat has searched several</p>
<xptr type="pageFacsimile" doc="186111250024"/>
<p>times—they began to search on the same evening—the lead could not have floated away.</p>
<hi rend="smallCaps">MR. KEMP</hi>.
<hi rend="italic">Q.</hi> Is the river very muddy there?
<hi rend="italic">A.</hi> There is a great deal of dirt and muck—when I first saw the man on the gunwale, our boat was on the other side of the barge, alongside of it.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-86" type="witnessName">
<interp inst="t18611125-name-86" type="gender" value="male"/>
<interp inst="t18611125-name-86" type="surname" value="WYATT"/>
<interp inst="t18611125-name-86" type="given" value="CHARLES"/>CHARLES WYATT</persName> </hi>. On the evening of last Saturday week, I accompanied Burke, Vorley, and Corty to the
<hi rend="italic">Ellen</hi>—I saw Bean handing a pig of lead to Johnson over the barge—Bean was on the gunwale of the barge—Johnson was in their skiff on the other side of the barge—when I saw them put the lead into the barge I let our boat drift astern and caught hold of their boat, and then Bean hit me on the head with one of the sculls—I caught hold of a piece of rope in their boat and made it fast to our boat, and one of our men towed them ashore; while doing so I beard the prisoners say, "Let's throw them overboard;" and then I saw them throw two pigs of lead overboard—I was then about two or three yards from them in our skiff, and they were in theirs—the boats were then tied together—I am quite sure they are the men—I knew them before by sight.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> Were you with Burke?
<hi rend="italic">A.</hi> Yes; in the boat—he got aboard the barge, and I stopped in the boat—I saw the man on the gunwale of the barge, handing the pig of lead over—there was no one but Bean and Johnson in their boat—the man that rowed them ashore had not got in.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-87" type="witnessName">
<interp inst="t18611125-name-87" type="gender" value="male"/>
<interp inst="t18611125-name-87" type="surname" value="VORLEY"/>
<interp inst="t18611125-name-87" type="given" value="GEORGE THOMAS"/>GEORGE THOMAS VORLEY</persName> </hi>. On the evening of last Saturday week I went with Carter, Burke, and Wyatt in a boat to the
<hi rend="italic">Ellen</hi>—when I got to the barge I saw the two prisoners in their skiff—I cannot say what they were doing; my eyes were not on them—they were trying to row away from us—our boat was then fastened to their's—I did not hear either of them say anything—I saw Johnson heave the lead overboard—the other was sitting on the foremost thwart, he had been pulling—he ceased pulling—I was close to them when the lead was thrown overboard; sufficiently close to see what it was.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GMTT</hi>.
<hi rend="italic">Q.</hi> What time was this?
<hi rend="italic">A.</hi> Between 5 and 6 o'clock—it was dark—I sat on the fore thwart of our boat, facing their boat; about as far as I am from you now—I had no light, but we could make them out; it was not so dark as all that—I could see at that distance in the dark—I saw Johnson ease the lead overboard—if a thing is of any size I could see it at that distance in the dark—it has not been found since that I am aware of—I should think it would not move down the river—two were thrown over.</p>
<hi rend="smallCaps">MR. KEMP</hi>.
<hi rend="italic">Q.</hi> How much do the pigs weigh?
<hi rend="italic">A.</hi> Some are one hundredweight and a half, some one hundredweight and three-quarters.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-88" type="witnessName">
<interp inst="t18611125-name-88" type="gender" value="male"/>
<interp inst="t18611125-name-88" type="surname" value="BATHO"/>
<interp inst="t18611125-name-88" type="given" value="WILLIAM"/>WILLIAM BATHO</persName> </hi>. I am foreman to Messrs. Kitter and Marshall, of Rood
<lb/>ane—between 5 and 6 o'clock on Saturday evening I was at Costom-house Quay—I saw the prisoners—one was in a boat, an a the other one stepped out of a boat into a decked barge—I do not know the name of the barge—I saw Johnson making his escape—he said, "I am not going away; I thought somebody was overboard—I went and looked at him in the boat—he said, "Let us stow the boat, she belongs to a poor man; we don't want to detain the boat"—he said nothing more to me; nothing about knowing where to find them—they were not rowing the boat then—they had come on shore, by two hands towing them—I gave them in custody—there were two others with them—I did not allow them to go were they wished—they stepped into the boat, and, instead of taking them where they wanted to go, I rowed them</p>
<xptr type="pageFacsimile" doc="186111250025"/>
<p>to the police—the ship
<hi rend="italic">Ellen</hi> was my master's; the
<hi rend="italic">Star</hi> was hired—the property was not my master's; it was a merchant's—I did not count the pigs of lead when they were taken out, nor was I present when they were counted—a pig of lead is about eighteen inches long and four or five inches broad, round at the top—to the best of my belief the value of a pig is about 30
<hi rend="italic">s</hi>.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GENT</hi>.
<hi rend="italic">Q.</hi> Are these pigs very large?
<hi rend="italic">A.</hi> No; they would make a splash if thrown into the water—a pig weighs under a hundredweight—a man could easily lift one with two hands—it was a very dark night—it was between 5 and 6 o'clock—they said they thought there was a row, and that there was some one overboard.</p>
<hi rend="smallCaps">JURY</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">JOHN WILLIAM CORTY</hi>.
<hi rend="italic">Q.</hi> Was the barge between the two boats?
<hi rend="italic">A.</hi> Yes; when I returned to the Star, our boat was inside and their's outside—the barge was about three feet above the water, but the witnesses could see what was going on on the other side of her, because our boat was a foot above the water.</p>
<hi rend="smallCaps">
<rs id="t18611125-13-verdict-1" type="verdictDescription">
<interp inst="t18611125-13-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611125-13-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="largeCaps">BEAN</hi>
<hi rend="italic">was further charged with having been before convicted in October</hi>, 1850;
<hi rend="italic"> to which he</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi>.—
<hi rend="italic">
<rs id="t18611125-13-punishment-12" type="punishmentDescription">
<interp inst="t18611125-13-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18611125-13-punishment-12" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-13-18611125 t18611125-13-punishment-12"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-13-18611125 t18611125-13-punishment-12"/>Confined Nine Months each</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18611125-14">
<interp inst="t18611125-14" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-14" type="date" value="18611125"/>
<join result="criminalCharge" id="t18611125-14-charge-1" targOrder="Y" targets="def1-14-18611125 t18611125-14-offence-1 t18611125-14-verdict-1"/>
<persName id="def1-14-18611125" type="defendantName">
<interp inst="def1-14-18611125" type="gender" value="male"/>
<interp inst="def1-14-18611125" type="age" value="23"/>
<interp inst="def1-14-18611125" type="surname" value="RYAN"/>
<interp inst="def1-14-18611125" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE RYAN</hi> (23)</persName>
<rs id="t18611125-14-offence-1" type="offenceDescription">
<interp inst="t18611125-14-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18611125-14-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 46 yards of flannel, the property of
<persName id="t18611125-name-90" type="victimName">
<interp inst="t18611125-name-90" type="gender" value="male"/>
<interp inst="t18611125-name-90" type="surname" value="WICKERMAN"/>
<interp inst="t18611125-name-90" type="given" value="ROBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t18611125-14-offence-1 t18611125-name-90"/>Robert Wickerman</persName> and others; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18611125-14-verdict-1" type="verdictDescription">
<interp inst="t18611125-14-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611125-14-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18611125-14-punishment-13" type="punishmentDescription">
<interp inst="t18611125-14-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18611125-14-punishment-13" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-14-18611125 t18611125-14-punishment-13"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18611125-15">
<interp inst="t18611125-15" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-15" type="date" value="18611125"/>
<join result="criminalCharge" id="t18611125-15-charge-1" targOrder="Y" targets="def1-15-18611125 t18611125-15-offence-1 t18611125-15-verdict-1"/>
<persName id="def1-15-18611125" type="defendantName">
<interp inst="def1-15-18611125" type="gender" value="male"/>
<interp inst="def1-15-18611125" type="age" value="29"/>
<interp inst="def1-15-18611125" type="surname" value="PULLEN"/>
<interp inst="def1-15-18611125" type="given" value="EDWIN"/>
<hi rend="largeCaps">EDWIN PULLEN</hi> (29)</persName>
<rs id="t18611125-15-offence-1" type="offenceDescription">
<interp inst="t18611125-15-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18611125-15-offence-1" type="offenceSubcategory" value="embezzlement"/>, Embezzling the sums of 4
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>., 14
<hi rend="italic">s</hi>. 9 1/2
<hi rend="italic">d</hi>.; and 10
<hi rend="italic">s</hi>. 4 1/2
<hi rend="italic">d</hi>.; also, the sums of 2
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>., 3
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>. the property of
<persName id="t18611125-name-92" type="victimName">
<interp inst="t18611125-name-92" type="gender" value="male"/>
<interp inst="t18611125-name-92" type="surname" value="MIXER"/>
<interp inst="t18611125-name-92" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18611125-15-offence-1 t18611125-name-92"/>John Mixer</persName>, his master; to both which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18611125-15-verdict-1" type="verdictDescription">
<interp inst="t18611125-15-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611125-15-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18611125-15-punishment-14" type="punishmentDescription">
<interp inst="t18611125-15-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18611125-15-punishment-14" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-15-18611125 t18611125-15-punishment-14"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18611125-16">
<interp inst="t18611125-16" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-16" type="date" value="18611125"/>
<join result="criminalCharge" id="t18611125-16-charge-1" targOrder="Y" targets="def1-16-18611125 t18611125-16-offence-1 t18611125-16-verdict-1"/>
<persName id="def1-16-18611125" type="defendantName">
<interp inst="def1-16-18611125" type="gender" value="male"/>
<interp inst="def1-16-18611125" type="age" value="32"/>
<interp inst="def1-16-18611125" type="surname" value="FITZGIBBON"/>
<interp inst="def1-16-18611125" type="given" value="JOHN"/>
<interp inst="def1-16-18611125" type="occupation" value="porter"/>
<hi rend="largeCaps">JOHN FITZGIBBON</hi> (32)</persName>
<rs id="t18611125-16-offence-1" type="offenceDescription">
<interp inst="t18611125-16-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18611125-16-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 24 files, the property of
<persName id="t18611125-name-94" type="victimName">
<interp inst="t18611125-name-94" type="gender" value="male"/>
<interp inst="t18611125-name-94" type="surname" value="MORGAN"/>
<interp inst="t18611125-name-94" type="given" value="THOMAS"/>
<interp inst="t18611125-name-94" type="occupation" value="civil engineer"/>
<join result="offenceVictim" targOrder="Y" targets="t18611125-16-offence-1 t18611125-name-94"/>Thomas Morgan</persName>.</rs> </p>
<hi rend="smallCaps">MR. HORRY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18611125-name-95" type="witnessName">
<interp inst="t18611125-name-95" type="gender" value="male"/>
<interp inst="t18611125-name-95" type="surname" value="MORGAN"/>
<interp inst="t18611125-name-95" type="given" value="THOMAS"/>THOMAS MORGAN</persName> </hi>. I am a civil engineer of 4, Lothbury—I have em
<lb/>ployed the prisoner as a porter—on Wednesday, 6th November, about 12 o'clock, I employed him to remove some property to Moorgate-street, among which there was twenty-four dozen files—I paid him for his day's-work, and on the next day I missed four dozen of the files—I returned to the office in Lothbury, and found two dozen in a desk where they ought not to have been—I had not placed them there—I afterwards saw the prisoner and said, "Where are the two dozen files?" holding the other two dozen in my hand—he said, I know nothing of them—I gave him in custody—they are worth 1
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. POLAND</hi>.
<hi rend="italic">Q.</hi> Were you moving all your property?
<hi rend="italic">A.</hi> Yes—there was no confusion, the prisoner did it all—he was engaged to do it as quick as he could, and it took him about an hour and a half—I was in and out during the time—I had no persons in my employment—the prisoner hung the key up in a neighbour's office, when we were in and out—I saw him when he had done; my friend paid him—my friend did not assist in the removal; he is not here—I did not pay the prisoner myself, because I had not agreed to pay him—after the removal was over, the place at Lothbury was locked up, and the key was left in the next door office, which was always locked up, and nobody could get in; there was always a man at the top of the stairs—I had employed the prisoner four or five times before, and always found him honest—he has formerly been in the Army—</p>
<xptr type="pageFacsimile" doc="186111250026"/>
<p>I supposed him to belong to the Society of Commissionaires—I was present before the Magistrate when the prisoner made a statement, on the day after he was given in custody—he said that he had left the files at a baker's shop—he did not say that he went back to the shop and got the files, and then found that the office was shut—he said that he left them at the baker's shop, and we should perhaps find them there—they were pro
<lb/>duced at that time before the Magistrate.</p>
<hi rend="smallCaps">MR. HORRY</hi>.
<hi rend="italic">Q.</hi> Were the files in the desk part of the property he had to remove?
<hi rend="italic">A.</hi> Yes; but they were not in that desk.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-96" type="witnessName">
<interp inst="t18611125-name-96" type="gender" value="male"/>
<interp inst="t18611125-name-96" type="surname" value="SMITH"/>
<interp inst="t18611125-name-96" type="given" value="RICHARD"/>RICHARD SMITH</persName> </hi>, (
<hi rend="italic">City-policeman</hi>, 133). On the afternoon of November 7th, the prisoner was given into my custody, charged with stealing two dozen files—when Mr. Morgan accused him, he said, "I know nothing about it"—I took him to the station—I asked him where he lived, he said, 5, Alfred-place, Kent-road—I went there and found that there were four number fives, and that he did not live at either of them—I returned and told him I could not find it—he said, "You will find it No. 5, Alfred-street, Park-road, Peckham"—the one place is a long distance from the other—I went to 5, Alfred-street, Park-road, Peckham, to a room on the ground floor, and his wife brought me one dozen files, fastened up as they are now (
<hi rend="italic">produced</hi>)—I got eight other files from a shelf in the cupboard.</p>
<hi rend="italic">Cross-examined. Q.</hi> Was the place where you found the files about thirty yards from the Old Kent-road?
<hi rend="italic">A.</hi> Much more than that, some eight or nine minutes walk; not near Camberwell—I do not know anything of the Kent-road—I do not know that Park-road runs out of the Old Kent-road into Peckham—I could not find the place, and the prisoner gave me a more specific direction—I mean that it is eight or nine minutes walk from Alfred-street, Kent-road, to Alfred-street, Peckham—I do not know that part, though I know my way to it—the prisoner said that he had left the files at a baker's shop, but did not say that he afterwards got them from there, but could not deliver them as the office was closed; but his wife said so, and that when he left home in the morning he forgot to take them with him—he wears two medals on his breast—I did not take them away—I took some pawnbroker's tickets, but found nothing against him—I was in uniform—the prisoner did not tell me before I went to the lodging that I, should find the things there—he did not tell me that I might go and search; but I told him I should do so—it was after that he gave me the right address—he told me that they were at the baker's shop in Coleman-street, and I went there and found he had left some there and taken them away again.</p>
<hi rend="italic">The prisoner's statement before the Magistrate was here read as follows:</hi> "Your Worship, I am as innocent as you are of the charge."</p>
<hi rend="smallCaps">
<rs id="t18611125-16-verdict-1" type="verdictDescription">
<interp inst="t18611125-16-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18611125-16-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, November</hi> 26
<hi rend="italic">th</hi>, 1861.</p>
<hi rend="largeCaps">PRESENT</hi>
<hi rend="smallCaps">SIR
<persName id="t18611125-name-97" type="judiciaryName">
<interp inst="t18611125-name-97" type="gender" value="male"/>
<interp inst="t18611125-name-97" type="surname" value="MOON"/>
<interp inst="t18611125-name-97" type="given" value="FRANCIS GRAHAM"/>FRANCIS GRAHAM MOON</persName> </hi>, Bart. Ald.; Mr.
<hi rend="smallCaps">RECORDER</hi>; Mr. Ald.
<hi rend="smallCaps">MECHI</hi>; Mr. Ald.
<hi rend="smallCaps">HALE</hi>; and Mr. Ald.
<hi rend="smallCaps">DAKIN</hi> </p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
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<interp inst="t18611125-17" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-17" type="date" value="18611125"/>
<join result="criminalCharge" id="t18611125-17-charge-1" targOrder="Y" targets="def1-17-18611125 t18611125-17-offence-1 t18611125-17-verdict-1"/>
<persName id="def1-17-18611125" type="defendantName">
<interp inst="def1-17-18611125" type="gender" value="male"/>
<interp inst="def1-17-18611125" type="age" value="61"/>
<interp inst="def1-17-18611125" type="surname" value="WATSON"/>
<interp inst="def1-17-18611125" type="given" value="ROBERT"/>
<hi rend="largeCaps">ROBERT WATSON</hi> (61)</persName>
<rs id="t18611125-17-offence-1" type="offenceDescription">
<interp inst="t18611125-17-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18611125-17-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 1 cape, value 15
<hi rend="italic">s</hi>. the pro
<lb/>perty of
<persName id="t18611125-name-99" type="victimName">
<interp inst="t18611125-name-99" type="gender" value="male"/>
<interp inst="t18611125-name-99" type="surname" value="BENNETT"/>
<interp inst="t18611125-name-99" type="given" value="JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t18611125-17-offence-1 t18611125-name-99"/>Joseph Bennett</persName>; I coat, the property of
<persName id="t18611125-name-100" type="victimName">
<interp inst="t18611125-name-100" type="gender" value="male"/>
<interp inst="t18611125-name-100" type="surname" value="BLUMENTHAL"/>
<interp inst="t18611125-name-100" type="given" value="EDWARD ISAAC"/>
<join result="offenceVictim" targOrder="Y" targets="t18611125-17-offence-1 t18611125-name-100"/>Edward Isaac Blumenthal</persName>; I coat, the property of
<persName id="t18611125-name-101" type="victimName">
<interp inst="t18611125-name-101" type="gender" value="male"/>
<interp inst="t18611125-name-101" type="surname" value="Windham"/>
<interp inst="t18611125-name-101" type="given" value="AUGUSTUS"/>
<join result="offenceVictim" targOrder="Y" targets="t18611125-17-offence-1 t18611125-name-101"/>Augustus Windham</persName>; and 1 coat, the property of
<persName id="t18611125-name-102" type="victimName">
<interp inst="t18611125-name-102" type="gender" value="male"/>
<interp inst="t18611125-name-102" type="surname" value="DUNSFORD"/>
<interp inst="t18611125-name-102" type="given" value="WILLIAM GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18611125-17-offence-1 t18611125-name-102"/>William George Dunsford</persName>; having been before convicted of felony;</rs> to which he</p>
<xptr type="pageFacsimile" doc="186111250027"/>
<hi rend="smallCaps">
<rs id="t18611125-17-verdict-1" type="verdictDescription">
<interp inst="t18611125-17-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611125-17-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.**—
<hi rend="italic">
<rs id="t18611125-17-punishment-15" type="punishmentDescription">
<interp inst="t18611125-17-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18611125-17-punishment-15" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-17-18611125 t18611125-17-punishment-15"/>Four Years' Penal Servitude</rs> </hi>,</p> </div1>
<div1 type="trialAccount" id="t18611125-18">
<interp inst="t18611125-18" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-18" type="date" value="18611125"/>
<join result="criminalCharge" id="t18611125-18-charge-1" targOrder="Y" targets="def1-18-18611125 t18611125-18-offence-1 t18611125-18-verdict-1"/>
<persName id="def1-18-18611125" type="defendantName">
<interp inst="def1-18-18611125" type="gender" value="male"/>
<interp inst="def1-18-18611125" type="age" value="15"/>
<interp inst="def1-18-18611125" type="surname" value="AYLING"/>
<interp inst="def1-18-18611125" type="given" value="JOHN"/>
<interp inst="def1-18-18611125" type="occupation" value="errand-boy"/>
<hi rend="largeCaps">JOHN AYLING</hi> (15)</persName>
<rs id="t18611125-18-offence-1" type="offenceDescription">
<interp inst="t18611125-18-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18611125-18-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, Stealing 1 10
<hi rend="italic">l</hi>. note, and 1 5
<hi rend="italic">l</hi>. note, the property of
<persName id="t18611125-name-104" type="victimName">
<interp inst="t18611125-name-104" type="gender" value="male"/>
<interp inst="t18611125-name-104" type="surname" value="THOMAS"/>
<interp inst="t18611125-name-104" type="given" value="CHARLES EDWARD"/>
<interp inst="t18611125-name-104" type="occupation" value="oil merchant"/>
<join result="offenceVictim" targOrder="Y" targets="t18611125-18-offence-1 t18611125-name-104"/>Charles Edward Thomas</persName>, his master.</rs> </p>
<hi rend="smallCaps">MR. ORRIDGE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18611125-name-105" type="witnessName">
<interp inst="t18611125-name-105" type="gender" value="male"/>
<interp inst="t18611125-name-105" type="surname" value="THOMAS"/>
<interp inst="t18611125-name-105" type="given" value="CHARLES EDWARD"/>CHARLES EDWARD THOMAS</persName> </hi>. I am an oil merchant in Barking church-yard—the prisoner was in my employment as an errand boy, and was em
<lb/>ployed about the shop—on 28th October, I left town for a few days—in a drawer behind the counter I left, among other things, a 10
<hi rend="italic">l</hi>. note and a 5
<hi rend="italic">l</hi>. note—this is the 5
<hi rend="italic">l</hi>. note (
<hi rend="italic">produced</hi>)—I know it by my signature—on my return on 1st November, I found both the notes missing—from inquiries I made I found that a 5
<hi rend="italic">l</hi>. note had been changed at Mr. Bentley's, a neigh
<lb/>bours—immediately I missed the notes I spoke to the prisoner, and he disowned all knowledge of them—he said he knew nothing about it; he had never seen any note; what good were the notes to him; he could not change them—I then told him that he must know something of them, for no one else would hare gone to the drawer to take them out—the drawer was unlocked—it was a goods drawer behind the counter—it is not likely any one would go to it unless they had seen me place the money away; which the prisoner did, some fortnight before—he disowned all knowledge until the next day, Saturday—I then asked him to tell me what he bad done with the notes—he said he bad never seen the notes; what good were they to him—I challenged him with it three or four times; at last he owned that he had changed the 5
<hi rend="italic">l</hi>. note at Mr. Bentley's—I then asked him what he had done with the money—he said he bad given it to a sailor to mind—I said that tale would not do—he then made two or threerother statements, that he had bought a purse and put the money into it, and had lost it on Tower-hill—at last he acknowledged that 4
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. was hid in the cellar at his own house—I went there with him, and found four sovereigns and two halves on a beam in the cellar—I then asked if he had buried the 10
<hi rend="italic">l</hi>. note there—he said, no he had not seen it—I gave him until the Monday to tell me where the note was, and he then said, "The dog brought the note down to me in the cellar, and I burnt it over the gas"—he then said he had hid it in the dust-hole, and after we had half-emptied that, he said he did not know anything of the note at all—I gave him into custody—the 10
<hi rend="italic">l</hi>. note has not been found.</p>
<hi rend="italic">Prisoner.</hi> He did not tell me anything at all about the 10
<hi rend="italic">l</hi>. note, only the 5
<hi rend="italic">l</hi>.
<hi rend="italic">Witness.</hi> I told him I had lost two notes, and asked him to ac
<lb/>count for them, feeling sure that no one else could have taken them—there was no one else there but him and my wife—the notes were wrapped up together.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-106" type="witnessName">
<interp inst="t18611125-name-106" type="gender" value="male"/>
<interp inst="t18611125-name-106" type="surname" value="BAILT"/>
<interp inst="t18611125-name-106" type="given" value="RICHARD ADYE"/>RICHARD ADYE BAILT</persName> </hi>. I am a clerk in the Bank of England—I produce the 5
<hi rend="italic">l</hi>. note from the Bank.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-107" type="witnessName">
<interp inst="t18611125-name-107" type="gender" value="male"/>
<interp inst="t18611125-name-107" type="surname" value="BENTLEY"/>
<interp inst="t18611125-name-107" type="given" value="JOHN"/>JOHN BENTLEY</persName> </hi>. I am a cheesemonger, and live at 35, Great Tower-street—I know the prisoner by his living at Mr. Thomas's—on 31st October, he brought me this 5
<hi rend="italic">l</hi>. note, and asked if I would oblige Mr. Thomas with change—I gave him 2
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. in gold, and 2
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. in silver—I paid the note into Messrs. Hankey's on the Saturday following.</p>
<hi rend="italic">Prisoner.</hi> You gave me four sovereigns and two halves, you did not give me any silver.
<hi rend="italic">Witness.</hi> I am sure I gave him silver.</p>
<hi rend="italic">Prisoner's Defence.</hi> On the Thursday morning as I was sweeping the shop out, I found a piece of paper; I did not know what it was. My mistress told</p>
<xptr type="pageFacsimile" doc="186111250028"/>
<p>me to make haste and sweep behind the counter, and she must have gone to the drawer and taken the 5
<hi rend="italic">l</hi>. note out and put it on the floor to see if I was a thief; I put it in my pocket, and when my mistress sent me for some butter, I asked Mr. Bentley to give me change, and I put the money down in the cellar, so that if Mr. Thomas had asked me anything about it I should have given it to him; if not, I should have kept it; he asked me about the 5
<hi rend="italic">l</hi>. note, but never said a word about the 10
<hi rend="italic">l</hi>. note until the Saturday; he then said, "Are you going to deliver me up that 10
<hi rend="italic">l</hi>. note"I said I did not know anything about a 10
<hi rend="italic">l</hi>. note; I told him about the 5
<hi rend="italic">l</hi>. note, and took him to the cellar and gave him the money.</p>
<hi rend="smallCaps">
<rs id="t18611125-18-verdict-1" type="verdictDescription">
<interp inst="t18611125-18-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611125-18-verdict-1" type="verdictSubcategory" value="withRecommendation"/>GUILTY</rs> </hi>.—
<hi rend="italic">Recommended to mercy by the Jury in consequence of the loose manner in which the prosecutor kept his money.
<rs id="t18611125-18-punishment-16" type="punishmentDescription">
<interp inst="t18611125-18-punishment-16" type="punishmentCategory" value="noPunish"/>
<interp inst="t18611125-18-punishment-16" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-18-18611125 t18611125-18-punishment-16"/>Judgment Respited</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18611125-19">
<interp inst="t18611125-19" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-19" type="date" value="18611125"/>
<join result="criminalCharge" id="t18611125-19-charge-1" targOrder="Y" targets="def1-19-18611125 t18611125-19-offence-1 t18611125-19-verdict-1"/>
<persName id="def1-19-18611125" type="defendantName">
<interp inst="def1-19-18611125" type="gender" value="female"/>
<interp inst="def1-19-18611125" type="age" value="36"/>
<interp inst="def1-19-18611125" type="surname" value="WADE"/>
<interp inst="def1-19-18611125" type="given" value="EMMA"/>
<hi rend="largeCaps">EMMA WADE</hi> (36)</persName>
<rs id="t18611125-19-offence-1" type="offenceDescription">
<interp inst="t18611125-19-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18611125-19-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing a purse containing 2
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>. the property of
<persName id="t18611125-name-109" type="victimName">
<interp inst="t18611125-name-109" type="gender" value="male"/>
<interp inst="t18611125-name-109" type="surname" value="WILLIAMS"/>
<interp inst="t18611125-name-109" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18611125-19-offence-1 t18611125-name-109"/>John Williams</persName>, from his person.</rs> </p>
<hi rend="smallCaps">
<persName id="t18611125-name-110" type="witnessName">
<interp inst="t18611125-name-110" type="gender" value="male"/>
<interp inst="t18611125-name-110" type="surname" value="WILLIAMS"/>
<interp inst="t18611125-name-110" type="given" value="JOHN"/>JOHN WILLIAMS</persName> </hi>. I live at 13, Swan-lane, Upper Thames-street—on Saturday, 3d November, a little after 12 o'clock, I was walking down Swan-lane, I did not see the prisoner—I heard a person come behind me, and she pat her left arm round my neck, and put her right-hand into my pocket, without any previous conversation—she took my port-monnaie with one sovereign, three half-sovereigns, a fourpenny piece, and a threepenny piece—it was the prisoner—she then walked away—I did not know she had taken my purse at that time—I walked to my door and then found I had lost my purse I instantly followed her to the top of Swan-lane, and gave her in the custody of a policeman—she was taken to the station and searched—this is my purse (
<hi rend="italic">produced</hi>).</p>
<hi rend="italic">Prisoner. Q.</hi> Did not you commence talking to me when you came out of the public-house, and say if I came down the steps with you, you would give me something to drink?
<hi rend="italic">A.</hi> No; I had not seen you before—I did not give you a fourpenny piece, and say that was all I had—you did not pick up the purse, and I claim it as mine—I never claimed my puree till the Inspector showed it to me.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-111" type="witnessName">
<interp inst="t18611125-name-111" type="gender" value="female"/>
<interp inst="t18611125-name-111" type="surname" value="ALFORD"/>
<interp inst="t18611125-name-111" type="given" value="ANN"/>ANN ALFORD</persName> </hi>. I am searcher of female prisoners at Bow-lane police-station—the prisoner was brought there on this Saturday night—I took her to the searching-room, and she pulled out a purse from her bosom, which contained one sovereign, three half-sovereigns, a fourpenny piece, and a threepenny piece; I also found on her, three other purses, a pair of scissors, a knife, another fourpenny piece, 3 1/2
<hi rend="italic">d</hi>. in copper, and a pair of spectacles.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-112" type="witnessName">
<interp inst="t18611125-name-112" type="gender" value="male"/>
<interp inst="t18611125-name-112" type="surname" value="EAVES"/>
<interp inst="t18611125-name-112" type="given" value="THOMAS"/>THOMAS EAVES</persName> </hi> (
<hi rend="italic">City-policeman</hi>, 465). The prosecutor gave the prisoner into my charge for stealing his purse—the prisoner said all the money she had got about her was 3 1/4
<hi rend="italic">d</hi>.
<hi rend="smallCaps">
<rs id="t18611125-19-verdict-1" type="verdictDescription">
<interp inst="t18611125-19-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611125-19-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18611125-19-punishment-17" type="punishmentDescription">
<interp inst="t18611125-19-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18611125-19-punishment-17" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-19-18611125 t18611125-19-punishment-17"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18611125-20">
<interp inst="t18611125-20" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-20" type="date" value="18611125"/>
<join result="criminalCharge" id="t18611125-20-charge-1" targOrder="Y" targets="def1-20-18611125 t18611125-20-offence-1 t18611125-20-verdict-1"/>
<persName id="def1-20-18611125" type="defendantName">
<interp inst="def1-20-18611125" type="gender" value="male"/>
<interp inst="def1-20-18611125" type="age" value="45"/>
<interp inst="def1-20-18611125" type="surname" value="HURRY"/>
<interp inst="def1-20-18611125" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN HURRY</hi> (45)</persName>
<rs id="t18611125-20-offence-1" type="offenceDescription">
<interp inst="t18611125-20-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18611125-20-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, Stealing 3
<hi rend="italic">s</hi>. 1 1/2
<hi rend="italic">d</hi>. the property of
<persName id="t18611125-name-114" type="victimName">
<interp inst="t18611125-name-114" type="gender" value="male"/>
<interp inst="t18611125-name-114" type="surname" value="ELLIS"/>
<interp inst="t18611125-name-114" type="given" value="SAMUEL"/>
<join result="offenceVictim" targOrder="Y" targets="t18611125-20-offence-1 t18611125-name-114"/>Samuel Ellis</persName>, his master; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18611125-20-verdict-1" type="verdictDescription">
<interp inst="t18611125-20-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611125-20-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18611125-20-punishment-18" type="punishmentDescription">
<interp inst="t18611125-20-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18611125-20-punishment-18" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-20-18611125 t18611125-20-punishment-18"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18611125-21">
<interp inst="t18611125-21" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-21" type="date" value="18611125"/>
<join result="criminalCharge" id="t18611125-21-charge-1" targOrder="Y" targets="def1-21-18611125 t18611125-21-offence-1 t18611125-21-verdict-1"/>
<persName id="def1-21-18611125" type="defendantName">
<interp inst="def1-21-18611125" type="gender" value="male"/>
<interp inst="def1-21-18611125" type="age" value="40"/>
<interp inst="def1-21-18611125" type="surname" value="LUMBY"/>
<interp inst="def1-21-18611125" type="given" value="ALGERNON SYDNEY"/>
<interp inst="def1-21-18611125" type="occupation" value="employed by railway company"/>
<hi rend="largeCaps">ALGERNON SYDNEY LUMBY</hi> (40)</persName>, was indicted
<rs id="t18611125-21-offence-1" type="offenceDescription">
<interp inst="t18611125-21-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18611125-21-offence-1" type="offenceSubcategory" value="stealingFromMaster"/> for stealing 100
<hi rend="italic">l</hi>. the property of the
<persName id="t18611125-name-116" type="victimName">
<interp inst="t18611125-name-116" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18611125-21-offence-1 t18611125-name-116"/>Eastern Counties Railway Company</persName>, his masters.</rs> </p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi> with
<hi rend="smallCaps">MR. TINDAL ATKIKINSON</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18611125-name-117" type="witnessName">
<interp inst="t18611125-name-117" type="gender" value="male"/>
<interp inst="t18611125-name-117" type="surname" value="SPROULE"/>
<interp inst="t18611125-name-117" type="given" value="WILLIAM HATCHY"/>WILLIAM HATCHY SPROULE</persName> </hi>. I am chief clerk in the booking-office of the Eastern Counties Railway Company—in February, 1860, the prisoner was in the employment of the Eastern Counties Company—his duties were to count the money at the different stations.</p>
<xptr type="pageFacsimile" doc="186111250029"/>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Was there any written agreement with him?
<hi rend="italic">A.</hi> I do not know; I never saw any.</p>
<hi rend="smallCaps">MR. ATKINSON</hi>.
<hi rend="italic">Q.</hi> Was it also a portion of his duty, when monies were collected, to take them to the bank?
<hi rend="italic">A.</hi> Yes; the money was sent up from the various stations in cash-boxes—I was a party to sending the money to the bank when it was ready—on 15th February, 1860, the prisoner brought a statement in writing, naming the various coins, in cheques, notes, gold, silver, &c.—that statement contains an account of the monies, the subject of this indictment—it is in his handwriting—it relates to a sum of money which he had in his hands to convey to the bank—the money I had was added to that, and a statement was made out of the total sum I entrusted him with—this (
<hi rend="italic">produced</hi>) is it; it is in my handwriting; it is 2,510
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>.—it consisted of cheques, 1,263
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>. notes, 165
<hi rend="italic">l</hi>.; gold, 733
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.; and silver, 349
<hi rend="italic">l</hi>. 0
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>.; total, 2,510
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>.—when the book was made up, it was handed to the prisoner with the money—I can state of my own knowledge that that was done on 15th February—he then left—he never returned after that—I am not aware whether any search was made for the book—it was found upon his desk under some papers, I think the same afternoon—when the book went to the bank it was the duty of the bank clork to initial it as being correct.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Where do you get the items to enter in this book?
<hi rend="italic">A.</hi> From this rough book—I call this little book the banker's receipt-book—I make entries in the rough-book—I got the items partly from the cheques I received myself, and the other part from the Statements you have in your hand—the money the prisoner had to take to the bank consisted not only of what he had received at the different stations, but also what I had received at the principal station—I make up the aggregate, and enter it into the book and pay it over to him—I keep separate in this rough-book what I receive and what he receives; you will see there a large sum of 1,200
<hi rend="italic">l</hi>. I think, and a smaller sum of 15
<hi rend="italic">l</hi>. under
<lb/>neath, that is the quantity received by Lumby; and then on the left-hand you will perceive the letters C, and S, C being the notes received by me, and 8 the notes received by the prisoner, and both added together will be the total amount of notes sent, entered in the banker's book—you can trace each entry from that book, I think—1,247
<hi rend="italic">l</hi>. in cheques was received by me that day; under that is the notes received by me and him added together, and then the gold and silver—the word "stations" means the cheques received by him—this is all in my handwriting—I do not know whether I made a mistake originally in adding up this amount—it is merely a rough-book, not an official book—there appear to be some alterations—I copy from this into the little book that the prisoner takes to the bank—I do not receive the actual coin that he brings—I do not count it at all—the banker counts it—no one on the prisoner's behalf, except himself would count it—the amounts coming from the different stations would be counted by the station masters, and checked by the prisoner, so that I can ascertain whether this does pro
<lb/>perly represent the amounts received from the different stations that day—this 1,133
<hi rend="italic">l</hi>., 17
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>. is the aggregate of the money received by him from the different stations that day—I could, by inquiry, ascertain whether he has given a correct account of the money received by him; but that is not my province—I can scarcely say how many stations are included in that account—it represents nearly all the stations, except the banking stations, such as Norwich and Cambridge, and large stations of that sort; they pay direct to the local banks—the district stations round Cam
<xptr type="pageFacsimile" doc="186111250030"/>
<p>do not pay to the Cambridge bank, they send up to us—the prisoner had to check all those sums—each box is checked at the station, and then checked again by the prisoner—they should be counted over by him—it comes up in small parcels, and must be counted by him before it goes to the bank—we have a sort of invoice or note sent up from each station—it is the duty of the prisoner to check the amount with the ticket so sent up—he had other duties to perform also; he had to obtain money from the bank in order to send to the different stations to pay salaries and wages—that would come to a good deal—he had to go down to Stratford—he had about 3,000
<hi rend="italic">l</hi>. a week to pay there—he had to obtain the money in gold and silver and pay it himself—I believe there are about 1,500 men employed there—he had also to attend at the Brick-lane station every fort
<lb/>night, and pay the wages there—there are about 700 men there—that would come to about 1,200
<hi rend="italic">l</hi>. a week—the result of all the business would be that about 20,000
<hi rend="italic">l</hi>. a week would be passing through his bands—he had to keep account of all the sums he paid and received—he had the pay lists signed or checked off as having been paid—if he made a mistake he would lose the money—if he paid a man too much, or accidentally gave him a sovereign instead of a shilling, he would be the loser; or if he took any bad coin at any of the stations—it was his duty to examine every bit of coin that came into his hands—I recollect one of the clerks at Brick-lane being deficient in his cash; he overpaid, I think, about 5
<hi rend="italic">l</hi>.—I may occasionally have made mistakes in my calculations; we are all liable to mistakes—this book is manly a rough book, and must check itself before the banker's book is made up, because the two sums added together must make one total; and if we make a mistake in detail it comes out—nobody checks that book, it it merely a rough book.</p>
<hi rend="italic">Q.</hi> How do you find out mistakes?
<hi rend="italic">A.</hi> I have a total say of 1,000
<hi rend="italic">l</hi>., and the prisoner 500
<hi rend="italic">l</hi>., that ought to make 1,500
<hi rend="italic">l</hi>. if it is 1,510
<hi rend="italic">l</hi>. I go through it again—a mistake of that sort must be detected—if I carried out the mistake in the other book, then the banker would check the amount—if I made a mistake in the rough book, and carried out the mistake in the little book, the prisoner would not be the loser.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Does he see that you are right before be goes to the banker's with the book?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> When?
<hi rend="italic">A.</hi> At the time; and he also sees the money that I make up—the cheques are called over to him by me—he counts over the money that I give to him—I make the entry from the ticket that he gives me—that ticket is not checked by anybody—I make an entry from the ticket, and he goes to the bank with his money and mine—after I have made out the aggregate in my rough book, the prisoner makes out a ticket for the bank in the way that anybody that has a banker makes it out; so many cheques, so much gold, and so much silver—the prisoner makes it out after I have made out the aggregate in my rough book—he makes out in my presence what is called the banker's docket.</p>
<hi rend="italic">Q.</hi> Do you or any of the clerks change money before it goes to the bank, supposing you want change for a 50
<hi rend="italic">l</hi>. or 100
<hi rend="italic">l</hi>. note, do you put in the note and take out the gold?
<hi rend="italic">A.</hi> No; it is handed to the prisoner to cash, the same as you would to any other person—I never take it myself, I hand it to the prisoner—it has never been done when the money has been made up or after the book has been made up; it cannot be done—I am quite sure that has not been done cither by me or anybody in the office—gold has never been given in change for notes after the money-bags have been made</p>
<xptr type="pageFacsimile" doc="186111250031"/>
<p>up, or silver—I never recollect on any occasion that being done—none of the directors could have sent for change and change been given out of those bags after the money had been made up for the bank, and entered in that book—before the money is made up for the bank an alteration may take place, but after it is made up no alteration ever takes place—I never recollect such a thing being done while we were making up the money—to the best of my knowledge it has never been done while the prisoner has been counting his money—no doubt change has frequently been given before it has been made up in bulk—it is not usual to change 100
<hi rend="italic">l</hi>. in silver for 100
<hi rend="italic">l</hi>. in gold—it—is generally change of a note or cheque—we generally provide from the bank a sufficient quantity of silver to pay the wages—change for a cheque or a note has been given, but no other change has been necessary—it has never been done in the prisoner's absence to my knowledge—I was cashier at that time—I am now in the booking office; that is not so respon
<lb/>sible a position as cashier—I went from the the booking office to the cashier's and then went back to the booking-office—the clerks are required to insure in the Guarantee Society, not every one of them—I do not—I am an exception—I give security—I believe it is now compulsory upon all the clerks to insure in the Guarantee Society.</p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> How often does it occur that this transac
<lb/>tion of taking money to the bank takes place?
<hi rend="italic">A.</hi> Daily, in the afternoon—when I was the head cashier it would be the prisoner's duty to come and bring his documents and whatever money he had collected—the whole had to be taken to the bank—before that was done the prisoner separated the money into the different divisions, in my presence, or during the time I was in the office—it was part of my duty to take his statement and to enter it in the book; and then the ticket was given in accordance with it—I had 50
<hi rend="italic">l</hi>. salary as chief cashier—he was under me—he had 160
<hi rend="italic">l</hi>.—I never knew him complain of having received a false note, or of having had to make up any money deficiency—he never appeared again after that day, when he went to the bankers—it would have been his duty to come back to the office again, and he did not.</p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> About that time was there a station-master at Blackwell who was accused by the company of being abort in his accounts?
<hi rend="italic">A.</hi> Somewhere about that time—I think it was at that time—he was a station-master who had to remit a portion of these very monies.</p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> But as I understand whether the station-master at Blackwall or anywhere else had been guilty of defalcations it was the-money brought into your office that had to be accounted for to the banker?
<hi rend="italic">A.</hi> Yes; and that only.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-118" type="witnessName">
<interp inst="t18611125-name-118" type="gender" value="male"/>
<interp inst="t18611125-name-118" type="surname" value="LITTLETON"/>
<interp inst="t18611125-name-118" type="given" value="EDWARD JOHN"/>EDWARD JOHN LITTLETON</persName> </hi>. In February last I was cashier at the Union Bank, the Eastern Counties Railway Company bank at that establishment—I know the prisoner; he was in the daily habit of bringing money to the bank for the Railway Company—he also brought a book with him which we call the banker's receipt-book—I have not the books necessary to refresh my memory from the bank—I do not recollect his coming on 15th February—it is so long ago that I do not remember the particular day—my initials are not to the entry in this book on 15th February—they are on every day about that time, with that exception, in relation to the sums of money received from the Company—there are several entries after that day, the next day—I can tell you how much money the prisoner brought in on 15th February, on reference to that book; otherwise it is a question of memory with me.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Is there any entry of yours in that book?
<hi rend="italic">A.</hi> I have made a marginal note on the next day.</p>
<xptr type="pageFacsimile" doc="186111250032"/>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> When did you make that note?
<hi rend="italic">A.</hi> Next day when the book was brought to me to sign, not when the prisoner brought the money.</p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Do you recollect the prisoner bringing the book the following day?
<hi rend="italic">A.</hi> No, he did not come, and I then made a memorandum—I am able to say on looking at that memorandum how much money the prisoner brought on the preceding day.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you at that time remember the exact amount he had brought?
<hi rend="italic">A.</hi> I referred to my books; finding a deficiency of 100
<hi rend="italic">l</hi>. by referring to my books and to the docket, I could tell the amount he brought to me—I had no other means—I presume the books are at the bank; they are not in my custody—I did not make an entry in the pass book of the money I received—that was done by another party.</p>
<hi rend="italic">The Court was of opinion that in the absence of the books, there was no case to go to the Jury.</hi> </p>
<hi rend="smallCaps">
<rs id="t18611125-21-verdict-1" type="verdictDescription">
<interp inst="t18611125-21-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18611125-21-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18611125-22">
<interp inst="t18611125-22" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-22" type="date" value="18611125"/>
<join result="criminalCharge" id="t18611125-22-charge-1" targOrder="Y" targets="def1-22-18611125 t18611125-22-offence-1 t18611125-22-verdict-1"/>
<persName id="def1-22-18611125" type="defendantName">
<interp inst="def1-22-18611125" type="gender" value="male"/>
<interp inst="def1-22-18611125" type="age" value="40"/>
<interp inst="def1-22-18611125" type="surname" value="LUMBY"/>
<interp inst="def1-22-18611125" type="given" value="ALGERNON SIDNEY"/>
<interp inst="def1-22-18611125" type="occupation" value="railway company cashier"/>
<hi rend="largeCaps">ALGERNON SIDNEY LUMBY</hi> </persName> was again indicted
<rs id="t18611125-22-offence-1" type="offenceDescription">
<interp inst="t18611125-22-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18611125-22-offence-1" type="offenceSubcategory" value="embezzlement"/> for embezzling and stealing the sums of 23
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. on
<rs id="t18611125-cd-1" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18611125-22-offence-1 t18611125-cd-1"/>28th January</rs>, and 28
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., on
<rs id="t18611125-cd-2" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18611125-22-offence-1 t18611125-cd-2"/>11th February</rs>, received on account of the
<persName id="t18611125-name-120" type="victimName">
<interp inst="t18611125-name-120" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18611125-22-offence-1 t18611125-name-120"/>Eastern Counties Railway Company</persName>, his masters.</rs> </p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. TINDAL ATKIKSON</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18611125-name-121" type="witnessName">
<interp inst="t18611125-name-121" type="gender" value="male"/>
<interp inst="t18611125-name-121" type="surname" value="PHIPPS"/>
<interp inst="t18611125-name-121" type="given" value="JOHN CHARLES"/>JOHN CHARLES PHIPPS</persName> </hi>. I am cashier at the Brick-lane goods station of the Eastern Counties Railway—I have been cashier there for upwards of six years—I know the prisoner—in February 1860, he was in the service of the Company—his duty was to receive monies at the cashier's office at the Bishopsgate station—on 28th January, I paid some monies to the prisoner—I produce his receipt for the amount paid that day—(
<hi rend="italic">Read:</hi> "Eastern Counties Railway, received from J. C. Phipps, on account of Brick-lane station, Friday, January 28th, five cheques, 17
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>., gold, 1
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., silver, 101
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., copper, 5
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. total 175
<hi rend="italic">l</hi>. 17
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>., signed,
<hi rend="italic">A.</hi> Lumby")—that was the amount of the remittance from that station—I have another receipt of 11th February—(
<hi rend="italic">This being read, was for</hi> 219
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.
<hi rend="italic">signed, A. Lumby.</hi> </p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Although they appear to be paid on Friday, were they not paid by you on the Saturday?
<hi rend="italic">A.</hi> Yes; I personally paid the money and received the receipt myself—the prisoner counted all the money when he took it, except the silver—I am not certain whether he counted the silver at the time—the coppers would be done up in 5
<hi rend="italic">s</hi>. packets—I am not aware whether there was any loose copper—I made up the money myself, counted it all, and placed it in the bags myself—the prisoner had to pay the wages at the Brick-lane station every fortnight, on the Friday or Saturday—I am not sure whether the 11th and 27th were days on which he paid the wages—I do not recollect—he had to pay a great deal of silver away when he paid the wages—I do not recollect the amount he had to pay—it was several hundred pounds—I have sometimes reserved the silver for him at his request, to deliver to him when he came down to Brick-lane to pay the wages, and have got his receipt for the whole amount—I do not know that on those occasions the silver was entered in this book instead of the account book—I have not got the wages account book here—I have nothing to do with it—I have frequently reserved the silver for him on pay days—I am not positive whether I did so or not on these two particular days—I myself took up a ticket of the actual amount I sent to the station—if the</p>
<xptr type="pageFacsimile" doc="186111250033"/>
<p>ticket was produced, it would show the actual amount that was paid into prisoner's hands—I do not know where that ticket is.</p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> It would be in the possession of the prisoner, would it not?
<hi rend="italic">A.</hi> I left it with him—this is the receipt he gave me—I leave a copy of it with the money—it was at the cashier's office at the Bishopsgate-station that I paid him over these two sums of money—it would be some time in the forenoon—I have known him to come down to Brick-lane to pay the wages about one or two o'clock—I cannot say exactly the hour at which he received these sums of money from me; as near as I can recollect it would be about 11 or 12—I did not pay him over the money the purpose of the wages—I believe he got it from the cashier at Shoreditch—the silver was given to him in a bag—I believe it was his duty to ascertain that the amount was correct—as I said before, he did not always count the silver in my presence, but he did the notes, the gold, and the cheques—I have no doubt whatever that the silver I handed over to him on these occasions, was as much as be gave me the receipt for.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You said that at his request you sometimes reserved the silver for him?
<hi rend="italic">A.</hi> Yes; he did not give me anything in lies of it, when I reserved it—if it was the day for paying the wages he has said to me,"Phipps, I shall require your silver at Brick-lane, so you need not trouble to bring it up"—that was with a view to change it for gold as I understood him—he gave me the receipt in this case the same day, at Bishopsgate, before he received the silver, and in the event of their being anything wrong, it would be made right afterwards—he gave me the receipt for what I said was the amount of the silver, the bag being labeled according to the amount on the receipt—he did not receive it at that time—he received it when he came down to Brick-lane—at the time he gave me the receipt, he had no means of ascertaining whether my account was correct or not so, far as the silver was concerned; he gave me the receipt assuming my account to be correct—after that he came down to Brick-lane, and then he compared the amount of silver with the account—I labeled the bag with the same amount as was represented on the receipt, and I carefully counted it over beforehand.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-122" type="witnessName">
<interp inst="t18611125-name-122" type="gender" value="male"/>
<interp inst="t18611125-name-122" type="surname" value="SPROULE"/>
<interp inst="t18611125-name-122" type="given" value="WILLIAM HATCHY"/>WILLIAM HATCHY SPROULE</persName> </hi>. It was the prisoner's duty to receive money from the different stations, including Brick-lane—having received the monies from the Brick-lane station, it would be his duty to enter the amount in a book called the "Stations remittance book"—this is it (
<hi rend="italic">produced</hi>)—on Saturday, 28th January, he entered, as having received from the Brick-lane station, 152
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>.—I find entered under the head of 10th February, 308
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>., and 191
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>.—the 308
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>. is from another account—the 191
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>. is the Brick-lane amount—it was not his duty to enter in any other book—the books of the company were not made up from this book—a statement was made from this book—it was the foundation of all the accounts, and the amounts entered in that book, are the only amounts claimed at the hands of the prisoner.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Does that account show in what coin it was?
<hi rend="italic">A.</hi> The total shows only the total, not the different divisions at that particular station.</p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Assuming a deficiency on the first day of 23
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>., and on the second day of 28
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., has he accounted for either of them?
<hi rend="italic">A.</hi> No.</p>
<hi rend="italic">Cross-examined. Q.</hi> Not to you?
<hi rend="italic">A.</hi> No; he had to pay the wages at Brick-lane station, but he received a cheque—I have not the cheque that he received on either of those days—he had to pay wages to a large amount at Brick-lane—Saturday was pay day; it was every fortnight, every other</p>
<xptr type="pageFacsimile" doc="186111250034"/>
<p>Saturday—I do not know whether the 28th of January was a pay day at Brick-lane—I cannot tell whether 11th February was pay-day—I do not know anything of the silver or a portion of it being retained at Brick-lane station in order to pay the wages—I know that it was so—if that was done, the prisoner gave a receipt for the whole amount without seeing the silver, and then went and paid it away in wages—there was a wages book kept at Brick-lane—I do not think I should be able to tell from the wages book how much he received from the bank and how much from Brick-lane to pay the wages—if he entered in the station's remittance book he would be responsible for so much being paid into the bank.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did he receive a less amount in consequence of the silver being retained for wages?
<hi rend="italic">A.</hi> That I cannot say.</p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Did not he, to your knowledge, receive a smaller amount, that is an amount, minus the silver at Brick-lane, to pay the wages with?
<hi rend="italic">A.</hi> But he would have credit for that sum in the cheque that he would receive to get cashed—he received the whole amount from the bank that he had to pay the wages with—he received at the bank the proper amount to pay the wages with, minus the silver he was to receive at Brick-lane; but then he took the wages down that much less—I cannot say how much he received—he would not enter so much less in the remittance book—he must enter the total remittance in the book, and give a receipt for it—he would have in his possession the cheque to pay the wages with, or the value of it in silver and gold; and he would put to that the money he took at the bank, and go down to Brick-lane with that amount in silver—the cheque is drawn by the directors, and cashed by the prisoner—the cheque is drawn for wages all over the line—when money is sent from Brick-lane station a ticket is sent with it—that is filed in our office—I have not got it here—for anything I know it is on the file now—there would be a ticket on each of these days, which would show the actual amount paid to the prisoner—it would show the particulars of the sum paid—a counterpart of the ticket is retained at the office as a receipt for the money—they are made out in duplicate—I do not think the ticket filed at the office would represent the amount paid to the prisoner, deducting the silver retained at Brick-lane—I do not remember seeing that—I will not swear that it is not so—I have not looked for the ticket—what I look at is this book in the prisoner's writing—the ticket is checked with this book by one of the clerks in my office—I cannot recollect his name now—it was one person's particular duty—it would be his duty to point out to me any variance if there was any—he went through it while the prisoner was gone to the bank—this 308
<hi rend="italic">l</hi>. applies to Brick-lane, both on the same day—there is only one tick against it; there ought to be two, if it applied to both—I have not tried to ascertain who checked that—besides the wages account book there are pay-sheets of the wages—they are filled up at the accountant's office.</p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> When you were before the Magistrate was any intimation given to you that any question would arise about the wages?
<hi rend="italic">A.</hi> No; I have never before heard any suggestion that this money not accounted for, as having been paid to the prisoner, was paid over in wages—there is a separate cheque for the Brick-lane wages—the names of all the labourers and employes are put down upon the pay-sheet, with the amounts to be paid to them, and a cheque is made out in accordance with that—it is not a crossed cheque; it enables the prisoner to receive the money over the counter—the silver has occasionally been reserved; that was to save the prisoner carrying it down to Brick-lane—when he had silver from the cheque</p>
<xptr type="pageFacsimile" doc="186111250035"/>
<p>that he had already cashed at the bank, to pay in in its stead, it was to save the trouble of carrying the silver to Brick-lane and back—he would take the amount from the cheque that he had already cashed, and put it into the station's remittance; for instance, we will say that 20
<hi rend="italic">l</hi>. was retained at Brick-lane, he would take 20
<hi rend="italic">l</hi>. from the amount of the cheque to pay at Brick-lane, and place it in the station's remittance, leaving the amount at Brick-lane for the purpose of the wages—I think I have an entry which shows in what coin he was paid on these two particular days at the bank—this book will show it; it is the prisoner's entry—it shows the whole amount he was paid, but it does not specify the amount in specie that he received from Brick-lane.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-123" type="witnessName">
<interp inst="t18611125-name-123" type="gender" value="male"/>
<interp inst="t18611125-name-123" type="surname" value="KENT"/>
<interp inst="t18611125-name-123" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY KENT</persName> </hi>. I am superintendent of police, in the service of the Eastern Counties Railway Company—in February, 1860, I sought after the prisoner for the purpose of apprehending him—I made diligent search for him—I did not find him till 5th October, 1861—he was then at Scar
<lb/>borough, in Yorkshire, at the St. George's concert-room, acting as musical director, under the name of John Staples—I brought him up to London—I told him I wanted him to come with me, and he said, "Very well"—I did not say what for—he knew I belonged to the company.</p>
<hi rend="italic">Cross-examined. Q.</hi> Do you really mean to say that you searched for him?
<hi rend="italic">A.</hi> Yes; after 22d February I searched for him, before Mr. Love's election was over, everyday—I was told to use every exertion to find out his where
<lb/>abouts I think I was first told that on 17th—it was about the 100
<hi rend="italic">l</hi>.—that was what I went down to Yorkshire for—I told him that subsequently—I did not tell him anything about this case; I knew nothing of it—this was a subsequent charge; I knew of nothing but the 100
<hi rend="italic">l</hi>.</p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Was any restriction at all put upon you in the search you were directed to make?
<hi rend="italic">A.</hi> None whatever; I was only directed to take him upon the 100
<hi rend="italic">l</hi>.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-124" type="witnessName">
<interp inst="t18611125-name-124" type="gender" value="male"/>
<interp inst="t18611125-name-124" type="surname" value="FERN"/>
<interp inst="t18611125-name-124" type="given" value="GEORGE"/>GEORGE FERN</persName> </hi>. I am chief clerk in the Audit-office—after the prisoner left the company's service I was directed to investigate his accounts with respect to the monies which he received and should have accounted for—I drew certain conclusions from going through the accounts—I have not the books here from which I drew those conclusions; they would fill the Court if the whole of them were here—I have only drawn my conclusions from the examination of the books.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">JOHN PHIPPS</hi>.
<hi rend="italic">Q.</hi> You say that occasionally you were in the habit of taking a receipt from the prisoner when you did not produce the silver at the time.
<hi rend="italic">A.</hi> Yes; I was also in the habit of making out a ticket and leaving it with him—that was not to charge me; it was merely a copy of it, to certify in writing the amount of the money—I cannot say whether he brought down that ticket to Brick-lane and compared it with mine—I took his receipt; the silver had nothing to do with the wages—at the time I handed him over the silver I did not show him the receipt again—he would sometimes take the coppers and pay them away for wages, but that had nothing to do with the money he received for wages—I did not carry up the coppers to Bishopsgate on pay-day; I reserved them at Brick-lane, at his request, on some occasions—at his request I reserved the bag of silver, as he would want to change it for gold for his own convenience in paying the wages—that has been done on several occasions—he has said that he wanted to change it for gold for his own convenience in paying the wages.</p>
<hi rend="smallCaps">MR. SPROULE</hi> (
<hi rend="italic">re-examined</hi>). The cheque for the payment of the wages was cashed on the Thursday, and the prisoner would have the money in his hands from Thursday to Saturday—he got it cashed—not in my presence—</p>
<xptr type="pageFacsimile" doc="186111250036"/>
<p>I know he brought the cash back; he did so on every occasion—it would be done on the Friday morning very early; immediately the bank opened.</p>
<hi rend="italic">The prisoner received a good character.</hi>
<hi rend="smallCaps">
<rs id="t18611125-22-verdict-1" type="verdictDescription">
<interp inst="t18611125-22-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18611125-22-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18611125-23">
<interp inst="t18611125-23" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-23" type="date" value="18611125"/>
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<persName id="def1-23-18611125" type="defendantName">
<interp inst="def1-23-18611125" type="gender" value="male"/>
<interp inst="def1-23-18611125" type="age" value="43"/>
<interp inst="def1-23-18611125" type="surname" value="DORRELL"/>
<interp inst="def1-23-18611125" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM DORRELL</hi> (43)</persName>
<rs id="t18611125-23-offence-1" type="offenceDescription">
<interp inst="t18611125-23-offence-1" type="offenceCategory" value="damage"/>
<interp inst="t18611125-23-offence-1" type="offenceSubcategory" value="other"/>, Feloniously setting fire to two stacks of straw, the property of
<persName id="t18611125-name-126" type="victimName">
<interp inst="t18611125-name-126" type="gender" value="male"/>
<interp inst="t18611125-name-126" type="surname" value="RYDON"/>
<interp inst="t18611125-name-126" type="given" value="HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18611125-23-offence-1 t18611125-name-126"/>Henry Rydon</persName>.</rs> </p>
<hi rend="smallCaps">
<persName id="t18611125-name-127" type="witnessName">
<interp inst="t18611125-name-127" type="gender" value="male"/>
<interp inst="t18611125-name-127" type="surname" value="KIDD"/>
<interp inst="t18611125-name-127" type="given" value="EDWARD"/>EDWARD KIDD</persName> </hi> (
<hi rend="italic">policeman</hi>). On the morning of 7th November, I was on duty in Stoke Newington, and going down the Green-lanes I saw a fire—I met the prisoner, and asked him where the fire was—he said, "Just below here"—I said, "What is it?"—he said, "Two stacks of hay, close to each other"—perceiving particles of hay and straw hanging about his hair and whiskers, I said, "You have been sleeping in the hay"—he said, "Yes; I have, Sir"—I said, "Have you got anything about you?"—he said, "No"—another constable then came running up, proceeding in the direction of the fire, and having heard what I said, he said to the prisoner, "Have you any matches?"—he replied, "No"—we searched him, and found a box of matches on him, and a knife, and a little bag—I said, "I am suspicious that you have set fire to this straw, and I shall take you to the station on suspicion"—he then said, "I will tell you the truth; I did do it"—on the way to the station I asked him where he got the matches from, and he said he bought them for a farthing—at the station the charge was read over to him by the sergeant, and he was cautioned in the usual way—he said it was a bad job.</p>
<hi rend="italic">Prisoner.</hi> I deny confessing it; I likewise deny that I denied having any lights.
<hi rend="italic">Witness.</hi> I am quite positive he did confess it in the presence of two other constables—I knew nothing of him before.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-128" type="witnessName">
<interp inst="t18611125-name-128" type="gender" value="male"/>
<interp inst="t18611125-name-128" type="surname" value="JOHNSON"/>
<interp inst="t18611125-name-128" type="given" value="JOSEPH"/>JOSEPH JOHNSON</persName> </hi> (
<hi rend="italic">Policeman</hi>). I was on duty in King Henry's-walk, near where the fire was—I was going towards the fire and saw Kidd questioning the prisoner as to where the fire was, and about his sleeping under the stacks—the prisoner said he knew nothing at all about it—I said, "Have you got any matches about you?"—he said, "No; I have not"—I said, "I must see"—I put my hand in his pocket, and pulled out this box of matches—I asked him what was the reason that he set it on fire—he said, "Well I did do it; but don't hurt me"—he had previously stated to the other constable that he did set it on fire—I went on to the fire, and found it was two stacks of straw belonging to Mr. Rydon; they were burnt.</p>
<hi rend="italic">Prisoner.</hi> This witness gives the same evidence as the other; I deny it; I say the same as I did at first; I deny that I confessed it.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-129" type="witnessName">
<interp inst="t18611125-name-129" type="gender" value="male"/>
<interp inst="t18611125-name-129" type="surname" value="WEBB"/>
<interp inst="t18611125-name-129" type="given" value="EDWARD"/>EDWARD WEBB</persName> </hi>. I was foreman to Mr. Rydon—these were his stacks of straw—I was woke up by the alarm of fire, and found them burning—we were not able to do anything to save them—they were of the value or 300
<hi rend="italic">l</hi>.</p>
<hi rend="italic">Prisoner's Defence.</hi> All I have got to say is, I was searching for a lodging, and I went and lay between the two hay-stacks for a lodging; a policeman came up and turned me away; a few minutes after that the fire broke out at one corner of the hay-stack; I went away, and went down the lane, and the policeman took me into custody; that is all I have to say.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-130" type="witnessName">
<interp inst="t18611125-name-130" type="gender" value="male"/>
<interp inst="t18611125-name-130" type="surname" value="SEYMOUR"/>
<interp inst="t18611125-name-130" type="given" value="GEORGE"/>ST. GEORGE SEYMOUR</persName> </hi>. I am the prisoner's brother-in-law—I have known him personally for four years, but I am acquainted with the last twenty years of his life—it has been for some time our opinion that he is not quite right—that is likewise the opinion of medical men; but their testimony only goes to this, that it is a monomania, of which we can produce abundant evidence—they do not feel authorised to say that it goes to the extent of lunacy—about eight months ago I took the necessary steps to confine him in a lunatic asylum, but on account of its not going further than mono
<xptr type="pageFacsimile" doc="186111250037"/>
<p>was obliged to relinquish it—he had lived with me up to that time—he left me on account of treatment which I could not put up with—he took 7
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. with him, in his pocket, and we hoped that he would make his way home again when that was gone, but we heard no more of him till the policeman came to inform us of this—he has many delusions; constantly blaming us for giving him false money—he has never earned a penny for the last twenty years—he has been kept by his family—I believe there is no doubt that he is labouring under a delusion of some kind.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-131" type="witnessName">
<interp inst="t18611125-name-131" type="gender" value="male"/>
<interp inst="t18611125-name-131" type="surname" value="GIBSON"/>
<interp inst="t18611125-name-131" type="given" value="JOHN ROWLAND"/>JOHN ROWLAND GIBSON</persName> </hi>. I am surgeon of Newgate—the prisoner has been in this prison between two and three weeks—my attention has been a good deal directed to him—I am decidedly of opinion that he is of un
<lb/>sound mind—he entertains delusions as to property—I am not able to say that he does not know right from wrong, but it is difficult to say, when delusion exists, how far it may influence the conduct—there is very decided unsoundness of mind.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-132" type="witnessName">
<interp inst="t18611125-name-132" type="gender" value="male"/>
<interp inst="t18611125-name-132" type="surname" value="WEST"/>
<interp inst="t18611125-name-132" type="given" value="JOHN"/>JOHN WEST</persName> </hi>. I know the prisoner by seeing him in the neighbourhood of my premises, about the sheds and straw stacks, and I have warned him away several times, and threatened to give him in the custody of the police if I found him lounging about there—I thought there was something wrong about him mentally—he seemed half-witted—I think it was the Sunday morning previous to the fire, that I had last seen him—he seemed very filthy, and had extraordinarily dirty habits, lying about and sleeping in the sheds—he has called at my house late of an evening and asked for a glass of boiling water; he said he could not drink it cold.</p>
<rs id="t18611125-23-verdict-1" type="verdictDescription">
<interp inst="t18611125-23-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18611125-23-verdict-1" type="verdictSubcategory" value="nonComposMentis"/>
<hi rend="smallCaps">NOT GUILTY</hi>.
<hi rend="italic">being insane</hi>.—</rs>
<rs id="t18611125-23-punishment-19" type="punishmentDescription">
<interp inst="t18611125-23-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18611125-23-punishment-19" type="punishmentSubcategory" value="insanity"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-23-18611125 t18611125-23-punishment-19"/>
<hi rend="italic">Ordered to be detained during Her majesty's pleasure.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18611125-24">
<interp inst="t18611125-24" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-24" type="date" value="18611125"/>
<join result="criminalCharge" id="t18611125-24-charge-1" targOrder="Y" targets="def1-24-18611125 t18611125-24-offence-1 t18611125-24-verdict-1"/>
<persName id="def1-24-18611125" type="defendantName">
<interp inst="def1-24-18611125" type="gender" value="male"/>
<interp inst="def1-24-18611125" type="age" value="18"/>
<interp inst="def1-24-18611125" type="surname" value="DENNY"/>
<interp inst="def1-24-18611125" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES DENNY</hi> (18)</persName>
<rs id="t18611125-24-offence-1" type="offenceDescription">
<interp inst="t18611125-24-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18611125-24-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, Stealing 4 reams of paper, the pro
<lb/>perty of
<persName id="t18611125-name-134" type="victimName">
<interp inst="t18611125-name-134" type="gender" value="male"/>
<interp inst="t18611125-name-134" type="surname" value="FARRINGTON"/>
<interp inst="t18611125-name-134" type="given" value="GEORGE HENRY"/>
<interp inst="t18611125-name-134" type="occupation" value="wholesale stationer"/>
<join result="offenceVictim" targOrder="Y" targets="t18611125-24-offence-1 t18611125-name-134"/>George Henry Farrington</persName>.</rs> </p>
<hi rend="smallCaps">
<persName id="t18611125-name-135" type="witnessName">
<interp inst="t18611125-name-135" type="gender" value="male"/>
<interp inst="t18611125-name-135" type="surname" value="FARRINGTON"/>
<interp inst="t18611125-name-135" type="given" value="GEORGE HENRY"/>GEORGE HENRY FARRINGTON</persName> </hi>. I am a wholesale stationer of 15, Godli
<lb/>man-street—on 19th November, between 2 and half-past 2 in the afternoon, I was in the back part of my warehouse, and saw the prisoner in the front part; he had a bundle of my paper in his hand—I came towards him, and asked him what he was going to do with it—he said, "Oh! nothing, nothing; I am going to put it straight"—he made an attempt to get away, and my man came forward and assisted me to hold him till the constable came—this (
<hi rend="italic">produced</hi>) is the bundle of paper—it contains four reams, and weighs about sixty pounds—he had it in his arms and he would have taken it away had I not seized him—he was going towards the door with it.</p>
<hi rend="italic">Prisoner.</hi> It's no such thing; I had not moved two yards, nor two inches.
<hi rend="italic">Witness.</hi> It stood on a pile of four others, and he had removed it from the top of the pile, and had turned half-way round with it in his arms.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-136" type="witnessName">
<interp inst="t18611125-name-136" type="gender" value="male"/>
<interp inst="t18611125-name-136" type="surname" value="WILKINS"/>
<interp inst="t18611125-name-136" type="given" value="WILLIAM"/>WILLIAM WILKINS</persName> </hi> (
<hi rend="italic">City-policeman</hi>,313). The prisoner was given into my custody—I searched him at the station, and found on him 4
<hi rend="italic">d</hi>. in copper, a knife, pencil, an old book, and a flint-stone, and this bag in which the paper now is.</p>
<hi rend="italic">Prisoner's Defence.</hi> I had no intention of stealing the goods; I had not removed them an inch.</p>
<hi rend="smallCaps">
<rs id="t18611125-24-verdict-1" type="verdictDescription">
<interp inst="t18611125-24-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611125-24-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">The prisoner was further charged with having been before convicted at the Westminster Session, by the name of James Minchin, July, 1859, when he was imprisoned Two Years; to which he</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi>.**—
<hi rend="italic">
<rs id="t18611125-24-punishment-20" type="punishmentDescription">
<interp inst="t18611125-24-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18611125-24-punishment-20" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-24-18611125 t18611125-24-punishment-20"/>Four Years Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18611125-25">
<interp inst="t18611125-25" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-25" type="date" value="18611125"/>
<join result="criminalCharge" id="t18611125-25-charge-1" targOrder="Y" targets="def1-25-18611125 t18611125-25-offence-1 t18611125-25-verdict-1"/>
<persName id="def1-25-18611125" type="defendantName">
<interp inst="def1-25-18611125" type="gender" value="male"/>
<interp inst="def1-25-18611125" type="age" value="19"/>
<interp inst="def1-25-18611125" type="surname" value="MANSFIELD"/>
<interp inst="def1-25-18611125" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN MANSFIELD</hi>, (19)</persName>
<rs id="t18611125-25-offence-1" type="offenceDescription">
<interp inst="t18611125-25-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18611125-25-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery, with Violence, on
<persName id="t18611125-name-138" type="victimName">
<interp inst="t18611125-name-138" type="gender" value="female"/>
<interp inst="t18611125-name-138" type="surname" value="MILLBANK"/>
<interp inst="t18611125-name-138" type="given" value="HARRIET"/>
<join result="offenceVictim" targOrder="Y" targets="t18611125-25-offence-1 t18611125-name-138"/>Harriet Millbank</persName>, and stealing a purse, and 1
<hi rend="italic">s</hi>., the property of
<persName id="t18611125-name-139" type="victimName">
<interp inst="t18611125-name-139" type="gender" value="male"/>
<interp inst="t18611125-name-139" type="surname" value="MILLBANK"/>
<interp inst="t18611125-name-139" type="given" value="THOMAS"/>
<interp inst="t18611125-name-139" type="occupation" value="coachman"/>
<join result="offenceVictim" targOrder="Y" targets="t18611125-25-offence-1 t18611125-name-139"/>Thomas Millbank</persName>.</rs> </p>
<xptr type="pageFacsimile" doc="186111250038"/>
<hi rend="smallCaps">MR. COOPER</hi>
<hi rend="italic">Conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18611125-name-140" type="witnessName">
<interp inst="t18611125-name-140" type="gender" value="female"/>
<interp inst="t18611125-name-140" type="surname" value="MILLBANK"/>
<interp inst="t18611125-name-140" type="given" value="HARRIET"/>HARRIET MILLBANK</persName> </hi>. I am the wife of Thomas Millbank, a coachman, of 4, Cobham-row, clerkenwell—on Saturday night, 2d November, between 11 and 12 o'clock, I was coming down Laystall-street on to Mount-pleasant—just as I reached a public-house door I was met by the prisoner—he hit me in the chest and knocked me down—he held me down by my left-arm and wrenched my purse out of my right-band—I cried out—I got up and saw him running away—I kept my eye on him, and in a short time found him in charge of a constable—the constable produced a purse to me, it was the one I lost—this is it—it had money in to the amount of 1
<hi rend="italic">s</hi>. and three half-pence.</p>
<hi rend="italic">Prisoner.</hi> She was coming out of the public-house and fell down, and dropped the purse out of her hand, and I picked it up. witness I was not coming out of the public-house—I had not been in—I did not tumble down—I had no glass in my hand—the prisoner knocked me down.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-141" type="witnessName">
<interp inst="t18611125-name-141" type="gender" value="male"/>
<interp inst="t18611125-name-141" type="surname" value="FURLONG"/>
<interp inst="t18611125-name-141" type="given" value="THOMAS"/>THOMAS FURLONG</persName> </hi> (
<hi rend="italic">Policeman, G</hi> 27). I was on duty in Laystall-street on this night—I heard the prosecutrix say, "That man has got my purse"—I saw the prisoner come from the place—I crossed over the way and saw him try to pass the purse to another man—I seized hold of him, and took it out of his band—this is it.</p>
<hi rend="italic">Prisoner's Defence.</hi> I did not do it with any intent; I had no occasion to do it; I was going to work on the Monday.</p>
<hi rend="smallCaps">
<rs id="t18611125-25-verdict-1" type="verdictDescription">
<interp inst="t18611125-25-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611125-25-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">The prisoner was further charged with having been before convicted at the Middlesex Sessions, in May</hi>, 1860; to which he</p>
<hi rend="smallCaps">PLEADED GUILTY</hi>.*—
<hi rend="italic">
<rs id="t18611125-25-punishment-21" type="punishmentDescription">
<interp inst="t18611125-25-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18611125-25-punishment-21" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-25-18611125 t18611125-25-punishment-21"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18611125-26">
<interp inst="t18611125-26" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-26" type="date" value="18611125"/>
<join result="criminalCharge" id="t18611125-26-charge-1" targOrder="Y" targets="def1-26-18611125 t18611125-26-offence-1 t18611125-26-verdict-1"/>
<persName id="def1-26-18611125" type="defendantName">
<interp inst="def1-26-18611125" type="gender" value="male"/>
<interp inst="def1-26-18611125" type="age" value="33"/>
<interp inst="def1-26-18611125" type="surname" value="LUCAS"/>
<interp inst="def1-26-18611125" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES LUCAS</hi> (33)</persName>
<rs id="t18611125-26-offence-1" type="offenceDescription">
<interp inst="t18611125-26-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18611125-26-offence-1" type="offenceSubcategory" value="burglary"/>, Burglariously entering the dwelling-house of
<persName id="t18611125-name-143" type="victimName">
<interp inst="t18611125-name-143" type="gender" value="male"/>
<interp inst="t18611125-name-143" type="surname" value="ABSELL"/>
<interp inst="t18611125-name-143" type="given" value="JAMES"/>
<interp inst="t18611125-name-143" type="occupation" value="upholsterer"/>
<join result="offenceVictim" targOrder="Y" targets="t18611125-26-offence-1 t18611125-name-143"/>James Absell</persName>, and stealing I hat, a coat, and other articles, his goods.</rs> </p>
<hi rend="smallCaps">MR. SHARPE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18611125-name-144" type="witnessName">
<interp inst="t18611125-name-144" type="gender" value="male"/>
<interp inst="t18611125-name-144" type="surname" value="ABSELL"/>
<interp inst="t18611125-name-144" type="given" value="JAMES"/>JAMES ABSELL</persName> </hi>. I am an upholsterer of 10, Cambridge-road, Hackney-road—on Sunday night, 20th November, about a quarter to 11, I went to bed—I fastened up all the doors and windows—something aroused me in the night, about half-past 3, but I did not get up till 7 in the morning, when I went down to let my man in, who worked in my shop—I did not then discover that the house had been entered—I went up stain to dress myself, and then came down about 7 or quarter-past—I found the back kitchen window open, and my parlour in a state or confusion—the ground was covered with papers, and clothes, and work boxes, burst open and all about the floor—I missed a coat, a hat, a pair of boots, a silk handkerchief, a pair of gloves, and a pair of spectacles, worth about 2
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—this (
<hi rend="italic">pro
<lb/>duced</hi>) is the hat I lost—I am sure it is my hat, and that it was safe that night, with the handkerchief and gloves in it—I saw the prisoner about the Thursday before the burglary, at the side of my premises—my private door is about forty or fifty yards from the road; and I saw him at the shop door—I saw him again on the Sunday, the day of the burglary—he was then at the corner, by the shop door—I was going to chapel at the time—he was standing there, and another man was on the opposite side, standing in the same way—I did not see the other man on the Thursday.</p>
<hi rend="italic">Prisoner. Q.</hi> What time on the second night was it that you say you saw me by your door?
<hi rend="italic">A.</hi> About twenty-five minutes past 6—as soon as I saw you I went round the corner and saw the other man, and I then returned indoors and staid at home; I turned the gas full on, pulled off the coat I was going to chapel in, and read till supper time, and did not go out again till ten minutes past 9—I went to bed at about twenty minutes to</p>
<xptr type="pageFacsimile" doc="186111250039"/>
<p>11; something roused me about half-past 3—I think it must haye been the work-box dropping oat of your hand—I have a cough, and as soon as any
<lb/>thing arouses me, the cough bursts out; but I did not get up then—I know the bat, by its being the one I have been in the habit of wearing—it fits me (
<hi rend="italic">putting it on</hi>)—there is no particular mark on it, except that I had altered the band, which I had round it, in consequence of the death of a relative—I know it is my hat.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-145" type="witnessName">
<interp inst="t18611125-name-145" type="gender" value="male"/>
<interp inst="t18611125-name-145" type="surname" value="KEOGH"/>
<interp inst="t18611125-name-145" type="given" value="JOHN"/>JOHN KEOGH</persName> </hi> (
<hi rend="italic">Policeman, N</hi> 174). I took the prisoner into custody on 24th October—I found this hat on him—he was wearing it when I took him to the station.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-146" type="witnessName">
<interp inst="t18611125-name-146" type="gender" value="male"/>
<interp inst="t18611125-name-146" type="surname" value="WISEMAN"/>
<interp inst="t18611125-name-146" type="given" value="WILLIAM"/>WILLIAM WISEMAN</persName> </hi> (
<hi rend="italic">Police-inspector, M</hi>). On 24th October, the prisoner was brought to the station wearing this hat—I asked him where he got it, and how long he had had it—he said he had had it for about sixteen months, and that he had purchased it at Manchester.</p>
<hi rend="italic">Prisoner. Q.</hi> What trade did I tell you I followed?
<hi rend="italic">A.</hi> You said you travelled about the country.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-147" type="witnessName">
<interp inst="t18611125-name-147" type="gender" value="male"/>
<interp inst="t18611125-name-147" type="surname" value="DEWITT"/>
<interp inst="t18611125-name-147" type="given" value="PETER"/>PETER DEWITT</persName> </hi> (
<hi rend="italic">Policeman, M</hi> 92). On 24th October, I took this boot off the prisoner's foot at the station, and went to the prosecutor's house and compared it with some marks upon a chair in the back parlour—the chair was covered with Morocco, and the mark upon it was the mark of a muddy boot—there was a plain mark on the chair till you got to a certain part, that was the tip of the boot, and there there was a peculiar lump of mud—I found that the size of the mark corresponded with the boot—I took it into the street and wetted it, and then placed it alongside the mark on the chair, and it made a similar mark, till it came to that portion where the small piece of mud had dropped, and that corresponded also.</p>
<hi rend="smallCaps">
<rs id="t18611125-26-verdict-1" type="verdictDescription">
<interp inst="t18611125-26-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611125-26-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18611125-26-punishment-22" type="punishmentDescription">
<interp inst="t18611125-26-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18611125-26-punishment-22" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-26-18611125 t18611125-26-punishment-22"/>Confined Righteen Months</rs>.</hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, November</hi> 26
<hi rend="italic">th</hi>, 1861.</p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Ald.
<hi rend="smallCaps">HALS</hi>; Mr. Ald.
<hi rend="smallCaps">PHILLIPS</hi>; and Mr.
<hi rend="smallCaps">COMMON SERJEANT</hi>.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18611125-27">
<interp inst="t18611125-27" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-27" type="date" value="18611125"/>
<join result="criminalCharge" id="t18611125-27-charge-1" targOrder="Y" targets="def1-27-18611125 t18611125-27-offence-1 t18611125-27-verdict-1"/>
<persName id="def1-27-18611125" type="defendantName">
<interp inst="def1-27-18611125" type="gender" value="male"/>
<interp inst="def1-27-18611125" type="age" value="31"/>
<interp inst="def1-27-18611125" type="surname" value="LEGRAVE"/>
<interp inst="def1-27-18611125" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM LEGRAVE</hi> (31)</persName>
<rs id="t18611125-27-offence-1" type="offenceDescription">
<interp inst="t18611125-27-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18611125-27-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Feloniously uttering counterfeit coin, after two previous convictions; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18611125-27-verdict-1" type="verdictDescription">
<interp inst="t18611125-27-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611125-27-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.**—
<hi rend="italic">
<rs id="t18611125-27-punishment-23" type="punishmentDescription">
<interp inst="t18611125-27-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18611125-27-punishment-23" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-27-18611125 t18611125-27-punishment-23"/>Four Year Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18611125-28">
<interp inst="t18611125-28" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-28" type="date" value="18611125"/>
<join result="criminalCharge" id="t18611125-28-charge-1" targOrder="Y" targets="def1-28-18611125 t18611125-28-offence-1 t18611125-28-verdict-1"/>
<persName id="def1-28-18611125" type="defendantName">
<interp inst="def1-28-18611125" type="gender" value="male"/>
<interp inst="def1-28-18611125" type="age" value="71"/>
<interp inst="def1-28-18611125" type="surname" value="CLIFFORD"/>
<interp inst="def1-28-18611125" type="given" value="ROBERT"/>
<hi rend="largeCaps">ROBERT CLIFFORD</hi> (71)</persName>
<rs id="t18611125-28-offence-1" type="offenceDescription">
<interp inst="t18611125-28-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18611125-28-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully having counterfeit coin in his possession, with intent to utter it; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18611125-28-verdict-1" type="verdictDescription">
<interp inst="t18611125-28-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611125-28-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18611125-28-punishment-24" type="punishmentDescription">
<interp inst="t18611125-28-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t18611125-28-punishment-24" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-28-18611125 t18611125-28-punishment-24"/>Four Year Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18611125-29">
<interp inst="t18611125-29" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-29" type="date" value="18611125"/>
<join result="criminalCharge" id="t18611125-29-charge-1" targOrder="Y" targets="def1-29-18611125 t18611125-29-offence-1 t18611125-29-verdict-1"/>
<persName id="def1-29-18611125" type="defendantName">
<interp inst="def1-29-18611125" type="gender" value="male"/>
<interp inst="def1-29-18611125" type="age" value="27"/>
<interp inst="def1-29-18611125" type="surname" value="ATKINS"/>
<interp inst="def1-29-18611125" type="given" value="ABRAHAM"/>
<hi rend="largeCaps">ABRAHAM ATKINS</hi> (27)</persName>, was indicted
<rs id="t18611125-29-offence-1" type="offenceDescription">
<interp inst="t18611125-29-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18611125-29-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18611125-29-verdict-1" type="verdictDescription">
<interp inst="t18611125-29-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611125-29-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18611125-29-punishment-25" type="punishmentDescription">
<interp inst="t18611125-29-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t18611125-29-punishment-25" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-29-18611125 t18611125-29-punishment-25"/>Confined Two Years</rs>.</hi> </p>
<hi rend="italic">The officer stated that the prisoner got his living by selling counterfeit coin in the streets.</hi> </p> </div1>
<div1 type="trialAccount" id="t18611125-30">
<interp inst="t18611125-30" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-30" type="date" value="18611125"/>
<join result="criminalCharge" id="t18611125-30-charge-1" targOrder="Y" targets="def1-30-18611125 t18611125-30-offence-1 t18611125-30-verdict-1"/>
<persName id="def1-30-18611125" type="defendantName">
<interp inst="def1-30-18611125" type="gender" value="male"/>
<interp inst="def1-30-18611125" type="age" value="18"/>
<interp inst="def1-30-18611125" type="surname" value="PAINE"/>
<interp inst="def1-30-18611125" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN PAINE</hi> (18)</persName>
<rs id="t18611125-30-offence-1" type="offenceDescription">
<interp inst="t18611125-30-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18611125-30-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18611125-30-verdict-1" type="verdictDescription">
<interp inst="t18611125-30-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611125-30-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18611125-30-punishment-26" type="punishmentDescription">
<interp inst="t18611125-30-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t18611125-30-punishment-26" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-30-18611125 t18611125-30-punishment-26"/>Confined Twelve Month</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18611125-31">
<interp inst="t18611125-31" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-31" type="date" value="18611125"/>
<join result="criminalCharge" id="t18611125-31-charge-1" targOrder="Y" targets="def1-31-18611125 t18611125-31-offence-1 t18611125-31-verdict-1"/>
<persName id="def1-31-18611125" type="defendantName">
<interp inst="def1-31-18611125" type="gender" value="male"/>
<interp inst="def1-31-18611125" type="age" value="20"/>
<interp inst="def1-31-18611125" type="surname" value="RIDLEY"/>
<interp inst="def1-31-18611125" type="given" value="ROBERT"/>
<hi rend="largeCaps">ROBERT RIDLEY</hi> (20)</persName>, was indicted
<rs id="t18611125-31-offence-1" type="offenceDescription">
<interp inst="t18611125-31-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18611125-31-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18611125-31-verdict-1" type="verdictDescription">
<interp inst="t18611125-31-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611125-31-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18611125-31-punishment-27" type="punishmentDescription">
<interp inst="t18611125-31-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t18611125-31-punishment-27" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-31-18611125 t18611125-31-punishment-27"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18611125-32">
<interp inst="t18611125-32" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-32" type="date" value="18611125"/>
<join result="criminalCharge" id="t18611125-32-charge-1" targOrder="Y" targets="def1-32-18611125 t18611125-32-offence-1 t18611125-32-verdict-1"/>
<join result="criminalCharge" id="t18611125-32-charge-2" targOrder="Y" targets="def2-32-18611125 t18611125-32-offence-1 t18611125-32-verdict-1"/>
<xptr type="pageFacsimile" doc="186111250040"/>
<persName id="def1-32-18611125" type="defendantName">
<interp inst="def1-32-18611125" type="gender" value="male"/>
<interp inst="def1-32-18611125" type="age" value="25"/>
<interp inst="def1-32-18611125" type="surname" value="DIXON"/>
<interp inst="def1-32-18611125" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM DIXON</hi> (25)</persName>, and
<persName id="def2-32-18611125" type="defendantName">
<interp inst="def2-32-18611125" type="gender" value="male"/>
<interp inst="def2-32-18611125" type="age" value="20"/>
<interp inst="def2-32-18611125" type="surname" value="PALMER"/>
<interp inst="def2-32-18611125" type="given" value="EDWARD"/>
<hi rend="largeCaps">EDWARD PALMER</hi> (20)</persName>, were indicted for
<rs id="t18611125-32-offence-1" type="offenceDescription">
<interp inst="t18611125-32-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18611125-32-offence-1" type="offenceSubcategory" value="coiningOffences"/> a like offence.</rs> </p>
<hi rend="smallCaps">MESSRS. CRAFORD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">ROWDON</hi>
<hi rend="italic">conducted the Prosecution</hi> </p>
<hi rend="smallCaps">
<persName id="t18611125-name-155" type="witnessName">
<interp inst="t18611125-name-155" type="gender" value="female"/>
<interp inst="t18611125-name-155" type="surname" value="HORSFPOOL"/>
<interp inst="t18611125-name-155" type="given" value="EMMA MARY"/>EMMA MARY HORSFPOOL</persName> </hi>. I am single, and live with my father, a baker, in High-street, Poplar—on 7th November, Palmer came, and asked for a penny leaf; he tendered a shilling, which I put on the edge of the till, and gave him sixpence and five pence, in coppers—I afterwards gave the shilling to my father—I had not lost sight of it.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> Did you pot it in the till?
<hi rend="italic">A.</hi> Not right in, bat on the edge—I did not close the till again—I laid it there till my father came—there were other shillings there, but not where that waft—I had no suspicion of it being bad, but I did not know that it was good—I generally lay money on the edge of the till, in case there is any I—my father came in ten minutes after—I had not removed it in the time, or received any other money; nor had any one else—the till did not remain open—it will close, and a shilling will still remain on the edge.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Is the cup round, told the till square, so that there is a triangle?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-156" type="witnessName">
<interp inst="t18611125-name-156" type="gender" value="male"/>
<interp inst="t18611125-name-156" type="surname" value="HORSPOOL"/>
<interp inst="t18611125-name-156" type="given" value="JOHN"/>JOHN HORSPOOL</persName> </hi>. I am the father of the last witness—on 7th November, my daughter gave me a shilling—it was on the division of the till; between the cups—I do not allow money to be put into the till, until it is shown to me or my wife—I took it up not two minutes after the man went out; found it was bad, put it in my pocket by itself and afterwards gave it to Nicholl.</p>
<hi rend="italic">Cross-examined. Q.</hi> Tour daughter has said that you were out, and came in in ten minutes?
<hi rend="italic">A.</hi> I was talking to a gentleman in the shop; she has made some mistake—I was not eight minutes after the prisoner was gone—I put the shilling in my waistcoat pocket, and gave it to the policeman, a quarter of an hour or twenty minutes afterwards.</p>
<hi rend="smallCaps">MR. CRAWFORD</hi>.
<hi rend="italic">Q.</hi> Were you inside or outside the counter?
<hi rend="italic">A.</hi> Inside; talking to a gentleman.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-157" type="witnessName">
<interp inst="t18611125-name-157" type="gender" value="female"/>
<interp inst="t18611125-name-157" type="surname" value="GEE"/>
<interp inst="t18611125-name-157" type="given" value="SUSAN"/>SUSAN GEE</persName> </hi>. I live with Mrs. Cox, who keeps an eating-house at Black
<lb/>heath—on 7th November, Palmer came there for one pennyworth of pud
<lb/>ding, and gave me a shilling—I gave him 11
<hi rend="italic">d</hi>. change, and he left—I pot it in the till; there were two or three sixpences there, but no other shilling—soon after he had gone, Wyhes came in, and I took out the shilling, found it was bad, and put it at the back, where there was no other money; I afterwards gave it to Nicholl—our house is about three minutes from Mr. Horspool's.</p>
<hi rend="italic">Cross-examined. Q.</hi> Are you sure there was no shilling in the till?
<hi rend="italic">A.</hi> No; only two or three sixpences.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-158" type="witnessName">
<interp inst="t18611125-name-158" type="gender" value="male"/>
<interp inst="t18611125-name-158" type="surname" value="WYHES"/>
<interp inst="t18611125-name-158" type="given" value="HENRY"/>HENRY WYHES</persName> </hi>. I live with my father, in High-street, Poplar—on 7th, November, about five minutes past 12 o'clock, I was coming from Bruns
<lb/>wick-pier down Bruns-wick-street, and saw the prisoners talking together opposite Mrs. Cox's—Dixon said to Palmer, "Go on, they are busy now," no nodded towards Mrs. Cox's eating-house—Palmer pulled a shilling from his waistcoat pocket, rubbed it with his thumb and finger, went across the road, and got a pennyworth of plum pudding at Cox's—Dijon walked to
<lb/>wards Robin Hood-lane where he stopped, and Palmer came out of the shop and they walked on together—I went into the eating-house and said some
<lb/>thing to Miss Gee, she pulled the till open and pulled out a shilling—I then left and went after the prisoners—I found them still going on together, and</p>
<xptr type="pageFacsimile" doc="186111250041"/>
<p>followed them to the East India-road and pointed them out to a constable—we followed them and saw them stand talking about three minutes—Palmer then went into Kennedy's, the tobacconists—Dixon walked up and down outside, and was taken in custody.</p>
<hi rend="italic">Cross-examined. Q.</hi> Do you know Susan Gee?
<hi rend="italic">A.</hi> Yes; I have been often there for pudding—I did not have some that day—Palmer was eating the pudding when he came out—he did not give Dixon any of it; they were about five feet from one another.</p>
<hi rend="smallCaps">MR. CRAWFORD</hi>.
<hi rend="italic">Q.</hi> Was your father in the police force?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-159" type="witnessName">
<interp inst="t18611125-name-159" type="gender" value="male"/>
<interp inst="t18611125-name-159" type="surname" value="NICHOLL"/>
<interp inst="t18611125-name-159" type="given" value="MOSES"/>MOSES NICHOLL</persName> </hi> (
<hi rend="italic">Policeman, K</hi> 97). On 7th November, Wybes pointed out the prisoners to me in the East India-road, about two hundred yards from High-street—they stood still about five minutes, separated, one went over the crossing where it was swept, and the other walked about twelve yards up—Palmer went into the tobacconist's, and I went up to Dixon, and said, "I shall take you in custody for being concerned with the other"—he said that I was quite wrong, he was an umbrella maker, and was looking for his living—I took them to the station, and received this shilling (
<hi rend="italic">produced</hi>) from Kennedy, another from Horspool, and one from Susan Gee—I searched the prisoners, on Dixon I found eight sixpences, four fourpenny pieces, four threepenny pieces, and 3
<hi rend="italic">s</hi>. 3 1/2
<hi rend="italic">d</hi>. in coppers, a small loaf, a small piece of cheese, two small skins of blacking, and two small ease combs—I was present when Palmer was searched—there was found on him three sixpences, and 4 1/2
<hi rend="italic">d</hi>. in copper good money, and half an ounce of tobacco.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-160" type="witnessName">
<interp inst="t18611125-name-160" type="gender" value="male"/>
<interp inst="t18611125-name-160" type="surname" value="KENNEDY"/>
<interp inst="t18611125-name-160" type="given" value="ALEXANDER"/>ALXXADDER KENNEDY</persName> </hi>. I am a tobacconist of Virginia-road, Blackwall—on 7th November Palmer came in for some tobacco, and gave me a shilling—I gave him the change—he asked me if I had an old umbrella to dispose of—I said that I had not, and he left—some time afterwards a policeman came and made inquiries—I looked into my till and found three or four shillings, one of which was bad, and I gave it to the policeman—this is it (
<hi rend="italic">produced</hi>)—I do not know whether it is the one the prisoner gave me.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-161" type="witnessName">
<interp inst="t18611125-name-161" type="gender" value="male"/>
<interp inst="t18611125-name-161" type="surname" value="WEBSTER"/>
<interp inst="t18611125-name-161" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These two coins are bad.
<hi rend="italic">The prisoners received good characters.</hi> </p>
<hi rend="smallCaps">
<rs id="t18611125-32-verdict-1" type="verdictDescription">
<interp inst="t18611125-32-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611125-32-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18611125-32-punishment-28" type="punishmentDescription">
<interp inst="t18611125-32-punishment-28" type="punishmentCategory" value="imprison"/>
<interp inst="t18611125-32-punishment-28" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-32-18611125 t18611125-32-punishment-28"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-32-18611125 t18611125-32-punishment-28"/>Confined Nine Months each</rs> </hi>,</p> </div1>
<div1 type="trialAccount" id="t18611125-33">
<interp inst="t18611125-33" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-33" type="date" value="18611125"/>
<join result="criminalCharge" id="t18611125-33-charge-1" targOrder="Y" targets="def1-33-18611125 t18611125-33-offence-1 t18611125-33-verdict-1"/>
<persName id="def1-33-18611125" type="defendantName">
<interp inst="def1-33-18611125" type="gender" value="male"/>
<interp inst="def1-33-18611125" type="age" value="19"/>
<interp inst="def1-33-18611125" type="surname" value="GOODWIN"/>
<interp inst="def1-33-18611125" type="given" value="JOHN RALPH"/>
<hi rend="largeCaps">JOHN RALPH GOODWIN</hi> (19)</persName>
<rs id="t18611125-33-offence-1" type="offenceDescription">
<interp inst="t18611125-33-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18611125-33-offence-1" type="offenceSubcategory" value="embezzlement"/>, Embezzling 1
<hi rend="italic">l</hi>. part of the sum of 2
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. the property of the
<persName id="t18611125-name-163" type="victimName">
<interp inst="t18611125-name-163" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18611125-33-offence-1 t18611125-name-163"/>Board of Trade</persName>, his masters; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18611125-33-verdict-1" type="verdictDescription">
<interp inst="t18611125-33-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611125-33-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18611125-33-punishment-29" type="punishmentDescription">
<interp inst="t18611125-33-punishment-29" type="punishmentCategory" value="imprison"/>
<interp inst="t18611125-33-punishment-29" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-33-18611125 t18611125-33-punishment-29"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18611125-34">
<interp inst="t18611125-34" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-34" type="date" value="18611125"/>
<join result="criminalCharge" id="t18611125-34-charge-1" targOrder="Y" targets="def1-34-18611125 t18611125-34-offence-1 t18611125-34-verdict-1"/>
<join result="criminalCharge" id="t18611125-34-charge-2" targOrder="Y" targets="def2-34-18611125 t18611125-34-offence-1 t18611125-34-verdict-1"/>
<join result="criminalCharge" id="t18611125-34-charge-3" targOrder="Y" targets="def3-34-18611125 t18611125-34-offence-1 t18611125-34-verdict-1"/>
<persName id="def1-34-18611125" type="defendantName">
<interp inst="def1-34-18611125" type="gender" value="male"/>
<interp inst="def1-34-18611125" type="age" value="18"/>
<interp inst="def1-34-18611125" type="surname" value="LEE"/>
<interp inst="def1-34-18611125" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN LEE</hi>(18)</persName>,
<persName id="def2-34-18611125" type="defendantName">
<interp inst="def2-34-18611125" type="gender" value="male"/>
<interp inst="def2-34-18611125" type="age" value="19"/>
<interp inst="def2-34-18611125" type="surname" value="HOWARD"/>
<interp inst="def2-34-18611125" type="given" value="JOHN CHARLES"/>
<hi rend="largeCaps">JOHN CHARLES HOWARD</hi> (19)</persName>, and
<persName id="def3-34-18611125" type="defendantName">
<interp inst="def3-34-18611125" type="gender" value="male"/>
<interp inst="def3-34-18611125" type="age" value="18"/>
<interp inst="def3-34-18611125" type="surname" value="CHRISTMAS"/>
<interp inst="def3-34-18611125" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN CHRISTMAS</hi> (18)</persName>
<rs id="t18611125-34-offence-1" type="offenceDescription">
<interp inst="t18611125-34-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18611125-34-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MR. COOK</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18611125-name-167" type="witnessName">
<interp inst="t18611125-name-167" type="gender" value="female"/>
<interp inst="t18611125-name-167" type="surname" value="COOPER"/>
<interp inst="t18611125-name-167" type="given" value="SARAH ANN"/>SARAH ANN COOPER</persName> </hi>. My husband keeps the Hanbury-arms, Wigmore-street, Hoxtom—on Saturday, 24th October, Howard came and asked for half a pint of fourpenny ale, which came to 1
<hi rend="italic">d</hi>.—he gave me a bad sixpence; I bent it, and my husband broke it in half—Howard said that he was not aware it was bad, he had taken it in change for some tobacco, and if my husband would return it he had no doubt he could get a good one for it—he tendered me a good sixpenoe, and I gave him 5
<hi rend="italic">d</hi>. change—a youth named Mills was in the shop; he could see what passed—Howard walked rather slowly and heavily; he hat a wooden leg.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-168" type="witnessName">
<interp inst="t18611125-name-168" type="gender" value="male"/>
<interp inst="t18611125-name-168" type="surname" value="MILLS"/>
<interp inst="t18611125-name-168" type="given" value="DAVID"/>DAVID MILLS</persName> </hi>. On 24th October I was at the Hanbury-awns—Howard came in and tendered a sixpence to the landlady; she said that it was bad—when he left the shop I followed him—he had a wooden leg—he whistled, went a little way, and two people joined him—Christmas is one of them;</p>
<xptr type="pageFacsimile" doc="186111250042"/>
<p>he had on a Scotch cap, and the other a turban—they walked to the middle of Harvey-street, and then Howard left the and went into the Roebuck beer-shop, kept by Mr. Andrews; the others went about twenty-five yards to the right—I waited till Howard came out, and ran into the house and spoke to the landlord—Howard had joined the other two—I then came out and followed the three—a few carts passed and a few people, and I lost sight of the one I cannot recognise—I followed the other two to the Earl of Aberdeen, where Christmas left and walked towards the Roebuck, but I cannot say whether he went in—I saw him come back soon afterwards and join Howard—they spoke together, but I was not near enough to hear—after that Howard threw something over a house or over the road—they walked on, I followed them, and gave them in charge.</p>
<hi rend="italic">Howard</hi>. You have mistaken me altogether.
<hi rend="italic">Christmas</hi>. You are quite mistaken.
<hi rend="italic">Witness.</hi> I know you were together—I pointed you both out to a policeman, and saw him catch hold of you.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-169" type="witnessName">
<interp inst="t18611125-name-169" type="gender" value="male"/>
<interp inst="t18611125-name-169" type="surname" value="ANDREWS"/>
<interp inst="t18611125-name-169" type="given" value="ARTHUR"/>ARTHUR ANDREWS</persName> </hi>. I keep the Rovers beer-shop, in Hyde's-place—on 24th October, Howard came in and asked for half a pint of beer, and gave me a shilling—I gave him change, put the shilling in the till, and he left—Mills came in and spoke to me almost immediately, and I looked in my till and found the shilling was bad—I put it on the counter, and afterwards gave it to the policeman—Lee came in five or ten minutes afterwards, and asked for half a pint of ale or porter, and gave me sixpence—I noticed that it was bad, and told him so—I said, "You have given me enough; do not give me any more—he threatened to have me prosecuted for taking away his character—he drank the beer, but did not give me any good money—I gave him in charge with the bad sixpence and shilling—he had on a round hat.</p>
<hi rend="italic">Howard. Q.</hi> You said at the police-court that you did not know who gave you the shilling?
<hi rend="italic">A.</hi> I do not know; there were other shillings in the till.</p>
<hi rend="smallCaps">MR. COOK</hi>.
<hi rend="italic">Q.</hi> When you looked in the till, in consequence of the boy speaking to you, was the bad shilling uppermost or under most?
<hi rend="italic">A.</hi> It laid on the top—I believe it to be the shilling paid to me by Howard—there were eight or nine shillings at the bottom of the till.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-170" type="witnessName">
<interp inst="t18611125-name-170" type="gender" value="male"/>
<interp inst="t18611125-name-170" type="surname" value="WELLER"/>
<interp inst="t18611125-name-170" type="given" value="JOHN"/>JOHH WELLER</persName> </hi> (
<hi rend="italic">Policeman</hi>, N 403). Lee was given into my custody at the Roebuck—I found on him 1
<hi rend="italic">s</hi>. 9
<hi rend="italic">l</hi>. 2
<hi rend="italic">d</hi>., in coppers, and a good sixpence—I produce this counterfeit sixpence.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-171" type="witnessName">
<interp inst="t18611125-name-171" type="gender" value="male"/>
<interp inst="t18611125-name-171" type="surname" value="MAJOR"/>
<interp inst="t18611125-name-171" type="given" value="THOMAS"/>THOMAS MAJOR</persName> </hi>, (
<hi rend="italic">Policeman</hi> N 120). Mills gave me information—I had a constable in plain clothes with me, and laid hold of Howard—twenty-five pence in copper was found on him—he had a Scotch cap on, and Christmas a turban—2
<hi rend="italic">d</hi>. was found on Christmas—I saw Lee at the station; he was wearing a pork-pie cap.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-172" type="witnessName">
<interp inst="t18611125-name-172" type="gender" value="male"/>
<interp inst="t18611125-name-172" type="surname" value="REEVE"/>
<interp inst="t18611125-name-172" type="given" value="THOMAS"/>THOMAS REEVE</persName> </hi>, (
<hi rend="italic">Policeman</hi> N 202). I took Christmas about half-past 10 o'clock—I have known Howard four or five years—I have frequently seen all the prisoners in company.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-173" type="witnessName">
<interp inst="t18611125-name-173" type="gender" value="male"/>
<interp inst="t18611125-name-173" type="surname" value="WEBSTER"/>
<interp inst="t18611125-name-173" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This shilling and sixpence are bad.</p>
<hi rend="italic">Lee's Defence.</hi> I changed half-a-crown in Hoxton, and a gentleman gave me a shilling. I did not know what I was putting down, and put down a sixpence. I have never seen the other prisoners before.</p>
<hi rend="italic">Howard's Defence.</hi> I sold a quarter of a hundred herrings at a penny each, and that was the money found on me with which I had to get my stock next day.</p>
<hi rend="smallCaps">
<rs id="t18611125-34-verdict-1" type="verdictDescription">
<interp inst="t18611125-34-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611125-34-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY
<hi rend="italic">of uttering the sixpence.</hi> </rs> </hi> </p>
<hi rend="largeCaps">LEE</hi> and
<hi rend="largeCaps">CHRISTMAS</hi>
<rs id="t18611125-34-punishment-30" type="punishmentDescription">
<interp inst="t18611125-34-punishment-30" type="punishmentCategory" value="imprison"/>
<interp inst="t18611125-34-punishment-30" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-34-18611125 t18611125-34-punishment-30"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-34-18611125 t18611125-34-punishment-30"/>
<hi rend="italic">Confined Four. Months each</hi> </rs>.
<hi rend="largeCaps">HOWARD</hi>**
<hi rend="italic">
<rs id="t18611125-34-punishment-31" type="punishmentDescription">
<interp inst="t18611125-34-punishment-31" type="punishmentCategory" value="imprison"/>
<interp inst="t18611125-34-punishment-31" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-34-18611125 t18611125-34-punishment-31"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18611125-35">
<interp inst="t18611125-35" type="uri" value="sessionsPapers/18611125"/>
<interp inst="t18611125-35" type="date" value="18611125"/>
<join result="criminalCharge" id="t18611125-35-charge-1" targOrder="Y" targets="def1-35-18611125 t18611125-35-offence-1 t18611125-35-verdict-1"/>
<xptr type="pageFacsimile" doc="186111250043"/>
<persName id="def1-35-18611125" type="defendantName">
<interp inst="def1-35-18611125" type="gender" value="male"/>
<interp inst="def1-35-18611125" type="age" value="46"/>
<interp inst="def1-35-18611125" type="surname" value="GREEN"/>
<interp inst="def1-35-18611125" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY GREEN</hi> (46)</persName>, was indicted
<rs id="t18611125-35-offence-1" type="offenceDescription">
<interp inst="t18611125-35-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18611125-35-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<hi rend="smallCaps">MR. COOKE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18611125-name-175" type="witnessName">
<interp inst="t18611125-name-175" type="gender" value="female"/>
<interp inst="t18611125-name-175" type="surname" value="BRYANT"/>
<interp inst="t18611125-name-175" type="given" value="ELIZABETH"/>ELIZABETH BRYANT</persName> </hi>. I live with my father at the Grown public-house in New Oxford-street—on 7th October the prisoner came for a pint of porter and a screw of tobacco—it came to three-halfpence—he gave me a bad florin—I told him it was bad—he asked me if I should know him again—I said, "Yes—I took the beer and tobacco back again, and broke the florin in two—I did not give him one part of it—I gave one half to the constable on the 14th—the prisoner must have removed the other half off the counter.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-176" type="witnessName">
<interp inst="t18611125-name-176" type="gender" value="male"/>
<interp inst="t18611125-name-176" type="surname" value="FENWICK"/>
<interp inst="t18611125-name-176" type="given" value="JOHN"/>JOHH FBNWICK</persName> </hi>. I keep the Angel and Crown, Bloomsbury—on 11th October the prisoner came between 6 and 7 o'clock, asked for a glass of six ale, and gave me a shilling—I bent it, and told him it was bad—I threw it over the counter, saying, "This won't do for me"—he said, "I will give you a shilling that is not mine," and then he pulled out a good sixpence—I said, "I have a good mind to give You in custody at once"—he was insulting to me, and I said, "Well, you had better go away, or else I will lock you up"—he went, and I followed him with a friend—I asked one of my cus
<lb/>tomers to follow him, and returned home.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-177" type="witnessName">
<interp inst="t18611125-name-177" type="gender" value="male"/>
<interp inst="t18611125-name-177" type="surname" value="HOWE"/>
<interp inst="t18611125-name-177" type="given" value="THOMAS"/>THOMAS HOWE</persName> </hi>. I keep the Bull's—head, High-street, Bloomsbury, which it about half a mile, I should think, from the Angel and Crown—the prisoner came to my house on 14th October—he asked for a glass of six ale—my water served him, but I took the money—he gave me a shilling—I tried it, and bent it double with the detector—at that moment I saw a man pointing, and I said to the prisoner, "I am afraid you have been guilty of this somewhere else"—the man came in—I said, "Do you know anything of this man?" he said, "Yes; I have followed him from Gloucester-street, from a public-house"—the prisoner heard that—he polled out sixpence which I refused to take, and I took away the ale—I sent for a constable, and gave him in charge.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-178" type="witnessName">
<interp inst="t18611125-name-178" type="gender" value="male"/>
<interp inst="t18611125-name-178" type="surname" value="BRADFORD"/>
<interp inst="t18611125-name-178" type="given" value="JAMES"/>JAMES BRADFORD</persName> </hi> (
<hi rend="italic">Policeman, E</hi> 77). I took the prisoner, and received this counterfeit shilling (
<hi rend="italic">produced</hi>) from Mr. Howe—I also received a piece of a florin from Miss Bryant—I searched the prisoner and found on him a sixpence, a halfpenny, a cigar tube, and a German silver watch-chain.</p>
<hi rend="smallCaps">
<persName id="t18611125-name-179" type="witnessName">
<interp inst="t18611125-name-179" type="gender" value="male"/>
<interp inst="t18611125-name-179" type="surname" value="WEBSTER"/>
<interp inst="t18611125-name-179" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This florin and shilling are bad.</p>
<hi rend="italic">The prisoner's statement before the Magistrate was here read as follows:</hi> "I took the shilling and afterwards passed it, as I thought I had a right to do. I never saw the woman before.</p>
<hi rend="italic">Prisoner's Defence.</hi> I received the shilling in change at the Great Northern Station, where I had been drinking with a friend. I have an affection of the brain, and am always worse when I am in liquor. I do not recollect giving the money on the 9th and 14th. With regard to the florin I never saw the woman before, and was net in her house that night; having been out to tea and spent the whole evening with my wife and child. I never use tobacco. This is one of the greatest cases of mistaken identity known.</p>
<hi rend="italic">The prisoner called</hi> </p>
<hi rend="smallCaps">
<persName id="t18611125-name-180" type="witnessName">
<interp inst="t18611125-name-180" type="gender" value="female"/>
<interp inst="t18611125-name-180" type="surname" value="PLEASANCE"/>
<interp inst="t18611125-name-180" type="given" value="MARY"/>MARY PLEASANCE</persName> </hi>. I live at 292, High Holborn—my husband is a baker—I know the prisoner—on 7th October, Monday I believe, the prisoner had both tea and supper with me and my son-in-law and daughter—he stopped with me from about 4 o'clock till 12—I did not notice the time particularly—when he left, we accompanied him to the bottom of Tottenham-court-road and got a conveyance to take him and his wife and child home—he has worked with my son at painting, paper-hanging, and glassing, during the fortnight before he was taken.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COOK</hi>.
<hi rend="italic">Q.</hi> Where has he been working?
<hi rend="italic">A.</hi> With my</p>
<xptr type="pageFacsimile" doc="186111250044"/>
<p>son, at Mr. Thompson's, in Oxford-street, and from one house to the other they have drank tea at my house before—I heard the week before last that he was taken up on this charge—I came here of my own accord to-day; no one has sent for me—I went in to see the prisoner yesterday and told him I should come to-day—I have plenty of persons to prove he was at my house that evening—Mr. Holmes had tea with us—I invited a few friends—I do not sell tea and coffee—I never knew the prisoner to be in any trouble.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> How far is your house from Mr. Bryant's?
<hi rend="italic">A.</hi> No great distance—I know Miss Bryant, and I believe she knows me—the prisoner is a teetotaler and so is his landlord—it was not a teetotal party, or else his landlord would have come and spoken for him—between five and six years ago he had brain fever—he never smoked in his life. to my knowledge.</p>
<hi rend="smallCaps">COURT</hi> to
<hi rend="smallCaps">ELIZABETH BRYANT</hi>.
<hi rend="italic">Q.</hi> What time was he at your house?
<hi rend="italic">A.</hi> Between 6 and 7—I am sure it was on Monday—my attention was called to it on the following Monday, the 14th—I am sure of the prisoner—I had never seen him before, but he asked me if I should know him again, when he was in the shop.</p>
<hi rend="italic">The prisoner received a good character.</hi>
<hi rend="smallCaps">
<rs id="t18611125-35-verdict-1" type="verdictDescription">
<interp inst="t18611125-35-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611125-35-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18611125-35-punishment-32" type="punishmentDescription">
<interp inst="t18611125-35-punishment-32" type="punishmentCategory" value="imprison"/>
<interp inst="t18611125-35-punishment-32" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-35-18611125 t18611125-35-punishment-32"/>Confined Nine Months</rs>.</hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, November</hi> 27
<hi rend="italic">th</hi>,1861.</p>
<hi rend="largeCaps">PRESENT</hi>—The Right Hon. the
<hi rend="largeCaps">LORD MAYOR</hi>, M.P.; Mr.
<hi rend="smallCaps">BARON BRAMWELL</hi>;
<hi rend="smallCaps">SIR
<persName id="t18611125-name-181" type="judiciaryName">
<interp inst="t18611125-name-181" type="gender" value="male"/>
<interp inst="t18611125-name-181" type="surname" value="DUKE"/>
<interp inst="t18611125-name-181" type="given" value="JAMES"/>JAMES DUKE</persName> </hi>, Bart. Ald., M.P.;
<hi rend="smallCaps">SIR
<persName id="t18611125-name-182" type="judiciaryName">
<interp inst="t18611125-name-182" type="gender" value="male"/>
<interp inst="t18611125-name-182" type="surname" value="MOON"/>
<interp inst="t18611125-name-182" type="given" value="FRANCIS GRAHAM"/>FRANCIS GRAHAM MOON</persName> </hi>, Bart. Ald.; Mr. Ald.
<hi rend="smallCaps">CARTER</hi>;
<hi rend="smallCaps">MR</hi>. Ald.
<hi rend="smallCaps">DAKIN</hi>; and Mr.
<hi rend="smallCaps">COMMON SERJEANT</hi>.</p>
<hi rend="italic">Before Mr. Baron Bramwell.</hi> </p>
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<interp inst="t18611125-36" type="date" value="18611125"/>
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<interp inst="def1-36-18611125" type="gender" value="male"/>
<interp inst="def1-36-18611125" type="age" value="18"/>
<interp inst="def1-36-18611125" type="surname" value="REEVES"/>
<interp inst="def1-36-18611125" type="given" value