<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<div1 type="frontMatter" id="f18611216">
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<p>Sessions Paper.</p>
<p>Short-hand Writers to the Court</p>
<p>Law Publishers in the Queen's Most Excellent Majesty.</p>
<xptr type="pageFacsimile" doc="186112160002"/>
<p>On the Queen's Commission of</p>
<p>The City of London,</p>
<p>OF THE</p>
<p>Held on Monday, December 16th, 1861, and following days.</p>
<hi rend="smallCaps">BEFORE</hi> the Right Hon.
<persName id="t18611216-name-1" type="judiciaryName">
<interp inst="t18611216-name-1" type="gender" value="male"/>
<interp inst="t18611216-name-1" type="surname" value="CUBITT"/>
<interp inst="t18611216-name-1" type="given" value="WILLIAM"/>
<interp inst="t18611216-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="t18611216-name-2" type="judiciaryName">
<interp inst="t18611216-name-2" type="gender" value="male"/>
<interp inst="t18611216-name-2" type="surname" value="KEATING"/>
<interp inst="t18611216-name-2" type="given" value="HENRY SINGER"/>
<interp inst="t18611216-name-2" type="occupation" value="Justice of Her Majesty's Court of Queen's Bench"/>Henry Singer Keating</persName>, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir
<persName id="t18611216-name-3" type="judiciaryName">
<interp inst="t18611216-name-3" type="gender" value="male"/>
<interp inst="t18611216-name-3" type="surname" value="BLACKBURN"/>
<interp inst="t18611216-name-3" type="given" value="COLIN"/>
<interp inst="t18611216-name-3" type="occupation" value="Justice of Her Majesty's Court of Common Pleas"/>Colin Blackburn</persName>, Knt.; one of the Justices of Her Majesty's Court of Common Pleas;
<persName id="t18611216-name-4" type="judiciaryName">
<interp inst="t18611216-name-4" type="gender" value="male"/>
<interp inst="t18611216-name-4" type="surname" value="COPELAND"/>
<interp inst="t18611216-name-4" type="given" value="WILLIAM TYLER"/>
<interp inst="t18611216-name-4" type="occupation" value="Alderman and MP"/>William Taylor Copeland</persName>, Esq., M.P.; Sir
<persName id="t18611216-name-5" type="judiciaryName">
<interp inst="t18611216-name-5" type="gender" value="male"/>
<interp inst="t18611216-name-5" type="surname" value="MUSGROVE"/>
<interp inst="t18611216-name-5" type="given" value="JOHN"/>
<interp inst="t18611216-name-5" type="occupation" value="Alderman"/>John Musgrove</persName>, Bart.; Sir
<persName id="t18611216-name-6" type="judiciaryName">
<interp inst="t18611216-name-6" type="gender" value="male"/>
<interp inst="t18611216-name-6" type="surname" value="MOON"/>
<interp inst="t18611216-name-6" type="given" value="FRANCIS GRAHAM"/>
<interp inst="t18611216-name-6" type="occupation" value="Alderman"/>Francis Graham Moon</persName>, Bart., F.S.A.;
<persName id="t18611216-name-7" type="judiciaryName">
<interp inst="t18611216-name-7" type="gender" value="male"/>
<interp inst="t18611216-name-7" type="surname" value="SALOMONS"/>
<interp inst="t18611216-name-7" type="given" value="DAVID"/>
<interp inst="t18611216-name-7" type="occupation" value="Alderman and MP"/>David Salomons</persName>, Esq., M. P.; and
<persName id="t18611216-name-8" type="judiciaryName">
<interp inst="t18611216-name-8" type="gender" value="male"/>
<interp inst="t18611216-name-8" type="surname" value="FINNIS"/>
<interp inst="t18611216-name-8" type="given" value="THOMAS QUESTED"/>
<interp inst="t18611216-name-8" type="occupation" value="Alderman"/>Thomas Quested Finnis</persName>, Esq.; Aldermen of the said City;
<persName id="t18611216-name-9" type="judiciaryName">
<interp inst="t18611216-name-9" type="gender" value="male"/>
<interp inst="t18611216-name-9" type="surname" value="GURNEY"/>
<interp inst="t18611216-name-9" type="given" value="RUSSELL"/>
<interp inst="t18611216-name-9" type="occupation" value="Recorder of the City of London"/>Russell Gurney</persName>, Esq., Q.C. Recorder of the said City; Sir
<persName id="t18611216-name-10" type="judiciaryName">
<interp inst="t18611216-name-10" type="gender" value="male"/>
<interp inst="t18611216-name-10" type="surname" value="MUGGERIDGE"/>
<interp inst="t18611216-name-10" type="given" value="HENRY"/>
<interp inst="t18611216-name-10" type="occupation" value="Alderman"/>Henry Muggeridge</persName>, Knt., Ald.;
<persName id="t18611216-name-11" type="judiciaryName">
<interp inst="t18611216-name-11" type="gender" value="male"/>
<interp inst="t18611216-name-11" type="surname" value="PHILLIPS"/>
<interp inst="t18611216-name-11" type="given" value="BENJAMIN SAMUEL"/>
<interp inst="t18611216-name-11" type="occupation" value="Alderman"/>Benjamin Samuel Phillips</persName>, Esq.;
<persName id="t18611216-name-12" type="judiciaryName">
<interp inst="t18611216-name-12" type="gender" value="male"/>
<interp inst="t18611216-name-12" type="surname" value="CONDER"/>
<interp inst="t18611216-name-12" type="given" value="EDWARD"/>
<interp inst="t18611216-name-12" type="occupation" value="Alderman"/>Edward Conder</persName>, Esq.; Aldermen of the said City; and
<persName id="t18611216-name-13" type="judiciaryName">
<interp inst="t18611216-name-13" type="gender" value="male"/>
<interp inst="t18611216-name-13" type="surname" value="CHAMBERS"/>
<interp inst="t18611216-name-13" type="given" value="THOMAS"/>
<interp inst="t18611216-name-13" type="occupation" value="Common Serjeant of 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="t18611216-name-14" type="judiciaryName">
<interp inst="t18611216-name-14" type="gender" value="male"/>
<interp inst="t18611216-name-14" type="surname" value="COCKERELL"/>
<interp inst="t18611216-name-14" type="given" value="GEORGE JOSEPH"/>
<interp inst="t18611216-name-14" type="occupation" value="Sheriff"/>
<hi rend="smallCaps">GEORGE JOSEPH COCKERELL</hi> </persName>, Esq.</p>
<persName id="t18611216-name-15" type="judiciaryName">
<interp inst="t18611216-name-15" type="gender" value="male"/>
<interp inst="t18611216-name-15" type="surname" value="TWENTYMAN"/>
<interp inst="t18611216-name-15" type="given" value="WILLIAM HOLME"/>
<interp inst="t18611216-name-15" type="occupation" value="Sheriff"/>
<hi rend="smallCaps">WILLIAM HOLME TWENTYMAN</hi> </persName>, Esq.</p>
<hi rend="italic">Sheriffs.</hi> </p>
<persName id="t18611216-name-16" type="judiciaryName">
<interp inst="t18611216-name-16" type="gender" value="male"/>
<interp inst="t18611216-name-16" type="surname" value="FARRAR"/>
<interp inst="t18611216-name-16" type="given" value="FREDERICK"/>
<interp inst="t18611216-name-16" type="occupation" value="Under-Sheriff"/>
<hi rend="smallCaps">FREDERICK FARRAR</hi> </persName>, Esq.</p>
<persName id="t18611216-name-17" type="judiciaryName">
<interp inst="t18611216-name-17" type="gender" value="male"/>
<interp inst="t18611216-name-17" type="surname" value="GAMMON"/>
<interp inst="t18611216-name-17" type="given" value="CHARLES"/>
<interp inst="t18611216-name-17" type="occupation" value="Under-Sheriff"/>
<hi rend="smallCaps">CHARLES GAMMON</hi> </persName>, Esq.</p>
<hi rend="italic">Under-Sheriffs.</hi> </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">SECOND SESSION</hi>.</p>
<hi rend="italic">A star</hi> (*)
<hi rend="italic">denotes that prisoners have been previously in custody—two stars</hi> (**)
<hi rend="italic">that they have been more than once in custody—an obelisk</hi> (†)
<hi rend="italic">that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.</hi> </p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Monday, December</hi> 16
<hi rend="italic">th</hi>, 1861.</p>
<hi rend="largeCaps">PRESENT</hi>,—The Right Hon. the
<hi rend="largeCaps">LORD MAYOR</hi>; Mr. Ald.
<hi rend="smallCaps">SALOMONS</hi>, M.P.; Sir
<persName id="t18611216-name-18" type="judiciaryName">
<interp inst="t18611216-name-18" type="gender" value="male"/>
<interp inst="t18611216-name-18" type="surname" value="MOON"/>
<interp inst="t18611216-name-18" type="given" value="FRANCIS GRAHAM"/>
<hi rend="smallCaps">FRANCIS GRAHAM MOON</hi> </persName>, Bart Ald.; Mr.
<hi rend="smallCaps">RECORDER</hi>; Sir
<persName id="t18611216-name-19" type="judiciaryName">
<interp inst="t18611216-name-19" type="gender" value="male"/>
<interp inst="t18611216-name-19" type="surname" value="MUGGERIDGE"/>
<interp inst="t18611216-name-19" type="given" value="HENRY"/>
<hi rend="smallCaps">HENRY MUGGERIDGE</hi> </persName>, Knt. Ald.; and Mr. Ald.
<hi rend="smallCaps">PHILLIPS</hi>.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
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<persName id="def1-87-18611216" type="defendantName">
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<interp inst="def1-87-18611216" type="age" value="33"/>
<interp inst="def1-87-18611216" type="surname" value="SMITH"/>
<interp inst="def1-87-18611216" type="given" value="JOHN CORSS"/>
<hi rend="largeCaps">JOHN CORSS SMITH</hi> (33)</persName>, was indicted
<rs id="t18611216-87-offence-1" type="offenceDescription">
<interp inst="t18611216-87-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18611216-87-offence-1" type="offenceSubcategory" value="bankrupcy"/> for that be, having been adjudged a bankrupt, feloniously did omit to surrender himself to the Court of Bankruptcy on the day appointed.</rs> </p>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi> and
<hi rend="largeCaps">MR. TINDAL ATKINSON</hi> conducted the Prosecution.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-21" type="witnessName">
<interp inst="t18611216-name-21" type="gender" value="male"/>
<interp inst="t18611216-name-21" type="surname" value="MURTON"/>
<interp inst="t18611216-name-21" type="given" value="THOMAS WILLIAM"/>THOMAS WILLIAM MURTON</persName> </hi>. I am clerk to Mr. Stnbbs, messenger of the Court of Bankruptcy—I produce the proceedings in bankruptcy in this case—the name and description is John Corss Smith, of 64, King William Street in the City of London, jeweller—the petition of adjudication is dated 12th August, and the adjudication 13th August—the petition states that the petitioning creditor is Richard Willis, 15, Clerkenwell Green, manufacturing jeweller—the summons to surrender is dated 22d August—he was required to surrender on the 2d or 26th of September—the 26th was the principal meeting, the first was for the choice of assignees—I was present on 26th, the prisoner did not surrender—there was a record or memorandum made, as was our custom, on the back as to his non-surrendering under the hand of the Commissioner. (
<hi rend="italic">This was dated 26th September, signed by Mr. Commissioner Goulburn, stating that the said Court sat at the time and place mentioned, from 11 to 3 o'clock, to receive the surrender of the said bankrupt to pass his last examination, but the said bankrupt did not surrender himself</hi>)—I know of my own knowledge that the Commissioner did sit—I procured his signature imme
<lb/>diately after; I proclaimed the bankrupt on that day; this is the London'Gazetle (
<hi rend="italic">produced</hi>), it is dated Friday, 23d August, last—it contains an advertisement requiring him to surrender on these dates—I inserted it immediately after the adjudication—I gave one of our men named Freeman, who went in possession, a duplicate of the adjudication, and he served it by posting it up—I examined the document with others—they are always in triplicate, three adjudications are always made out—I made out the summonses to surrender, myself.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-22" type="witnessName">
<interp inst="t18611216-name-22" type="gender" value="male"/>
<interp inst="t18611216-name-22" type="surname" value="FREEMAN"/>
<interp inst="t18611216-name-22" type="given" value="THOMAS"/>THOMAS FREEMAN</persName> </hi>. I am assistant to Mr. Stubbs, the messenger in this</p>
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<p>bankruptcy—I posted a paper on the shop No. 64, King William Street, on 13th August—I had another paper, which I posted on 22d August; one I took with me, and one was sent when I went into possession; I read them myself; the first was an adjudication—I do not know where it is now, I left it there when I came away; they were posted in the shop—I was in possession getting on for six weeks, during that time the bankrupt, Smith, did not come to the premises—I do not know what became of the notices; I left them in the shop when I had my discharge—I read them over.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-23" type="witnessName">
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<interp inst="t18611216-name-23" type="given" value="JOHN JAMES"/>JOHN JAMES TOZEN</persName> </hi>. I was in the employment of the prisoner for seven years and a half—I now carry on the business at 64—when I paid my money for the concern I tore the two papers up that were left by the last witness and threw them on the ground; I believe they were swept out into the street ultimately.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-24" type="witnessName">
<interp inst="t18611216-name-24" type="gender" value="male"/>
<interp inst="t18611216-name-24" type="surname" value="FREEMAN"/>
<interp inst="t18611216-name-24" type="given" value="THOMAS"/>THOMAS FREEMAN</persName> </hi> (
<hi rend="italic">re-examined</hi>). The two papers I served were the adjudication and the summons.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-25" type="witnessName">
<interp inst="t18611216-name-25" type="gender" value="male"/>
<interp inst="t18611216-name-25" type="surname" value="WILLIS"/>
<interp inst="t18611216-name-25" type="given" value="RICHARD"/>RICHARD WILLIS</persName> </hi>. I carry on business alone, and am a manufacturing jeweller, and wholesale dealer in jewellery, at 15, Clerkenwell Green—I was a creditor of the prisoner; on 10th August last he owed me 456
<hi rend="italic">l</hi>.—I called at his shop on Saturday, 10th August, about 12 o'clock in the day, I think I saw him—I called respecting the account that was to be drawn for, and he promised to look at the account in the course of the day and give me a cheque for it on Monday morning, with a bracelet that I had left on approbation—I never saw him after—I had left the bracelet for approbation a few days before; the wholesale value of it was 6
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—I noticed the shop on that occasion, and I saw it afterwards on Monday, the 12th—I received this letter from the prisoner on Monday morning about half-past 8, dated 11th, by post (
<hi rend="italic">Read</hi>: "Sir, I must request you to make me bankrupt and enforce your deed at once; I have been most shamefully robbed, but shall be ready to explain all when wanted. Pray do not fail the first thing; an execution will be in before I, and I am afraid of being arrested")—I received that about half-past 8 on Monday morning, by post—I am the petitioning creditor—I went to the shop on the Monday—I took a general survey of the two shops, both N s. 15 and 64—I should say from 1,000
<hi rend="italic">l</hi>. to 2,000
<hi rend="italic">l</hi>. worth of property had left the shops between Saturday and Monday; that is my judgment—the prisoner was almost always at the business at 64.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFF</hi>.
<hi rend="italic">Q.</hi> Had you dealt with him long?
<hi rend="italic">A.</hi> Yes; ever since he has been in business—I sold him the first parcel of goods; that is seven years ago—he at first had merely one shop, No. 64—I think he was successful in that; he took the other shop, No. 15, about five years ago, about two years after he had the other—I cannot say whether No. 15 did not succeed so well—I am not in a position to form any judgment—for some considerable time he conducted himself in a very tradesman-like and business-like way—I think it is very possible I made him an advance in September, 1860—I have made advances to him—I think it was towards the close of 1860 that I advanced him 200
<hi rend="italic">l</hi>.; he had that all at one time—I deducted 20
<hi rend="italic">l</hi>., 10 per cent.—he did not afterwards pay me 10
<hi rend="italic">l</hi>. interest—I gave him a cheque for 180
<hi rend="italic">l</hi>.—I had taken the interest; he paid me nothing—I received no more interest on that loan, that was done with, it was a further loan of 100
<hi rend="italic">l</hi>. that he paid me interest upon—I received 10
<hi rend="italic">l</hi>. on that—I lent him altogether 300
<hi rend="italic">l</hi>.—I cannot say that the 200
<hi rend="italic">l</hi>. was paid off, he gave me a promissory note, promising to pay it three, four, or five mouths, and then he came aid said that his payments were running very heavy from outstanding debts he had with</p>
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<p>other creditors; that these were coming very inconvenient to him, and would I let him have a little more money, and do away with the bills altogether and draw it on bills that would come due on separate acceptances—it was a renewal of the note, and an additional loan—I took 10 per cent interest on the 100
<hi rend="italic">l</hi>.—not on the renewal—I don't think it was a renewal, it was a fresh contract altogether—I got three of those ten pounds, one 20
<hi rend="italic">l</hi>., and one 10
<hi rend="italic">l</hi>., on the 300
<hi rend="italic">l</hi>., but a good deal of it had been paid off—200
<hi rend="italic">l</hi>. was partly paid off and partly not; he came to me and said, "I am in a fix here"—there was a deed as security on the second loan, not Or the first; it was dated 8th of February, 1861—altogether I lent him 350
<hi rend="italic">l</hi>. and bad 30
<hi rend="italic">l</hi>. interest—I fancy some that portion of the money has not run out yet—I fancy some portion of it is this very debt I am now on—it was to run, I think, from three to twelve or thirteen months—notes were drawn at intervals—some of that was to run three months and over, four, five, and six until the amount of 240
<hi rend="italic">l</hi>. odd ran out—I think this is a portion of the debt I am now petitioning for—I am not quite positive—I cannot say it for a certainty—I think I have received all the money I lent—I have not given up the deed to the assignees—it was given to me to cover the sum then owing to me—it was for the good as well as the money—the goods sup
<lb/>plied to him since then amount to 212
<hi rend="italic">l</hi>.—from that time to the present I don't think I have received anything from him—I remember his first taking the shop—he put a very nice stock into it—he has not furnished me, since he has been in custody, with a list of the trade debts that he has paid—I have never seen anything of the kind; he has written to me from Newgate to say that he would do so, but I never went there—I do not know whether or no he has furnished it to the solicitor for the assignees—I am one of the assignees-no list has been communicated to me—I have left everything in the hands of the solicitor—Mr. Orans, the other' assignee, has taken the management of all that part, and I have taken this unpleasant part of it—no request was made in my presence that a list should be furnished—I have never examined the books—I have looked upon it as a hopeless case altogether, and I really do not think the estate will get one halfpenny out of it, but Mr. Orans has taken all the management—the books hate been given up to the assignees—I have not investigated them at all, therefore I do not know what trade pay
<lb/>ments have been made—I cannot tell whether the money raised by pledging was paid away in trade debts—Mr. Orans is the other trade assignee—I do not know of my own knowledge that he has gone through the books—I do not know whether he is here—I think you will find that everything was pawned, except the few things we took possession of—if the books weft kept properly they would show the stock received, and how, and to whom it was disposed of; if the prisoner had surrendered we should have gone all through that—when I went from the shop I went straight to the Bankruptcy Court, and then down to Sydenham—there was not a meeting of creditors called shortly after—I was present at the meeting at the Bankruptcy Court: that was all—it was not proposed by some of the creditors that he should be allowed to return and make up his accounts-nobody dreamt of finding him—a reward of 50
<hi rend="italic">l</hi>. was offered very soon after he had gone away—it was placarded about in the usual way—I don't think it was put into the papers—I don't know—I, with two or three others, advised that step to be taken—I had been urging it from the very first, and I wished 100
<hi rend="italic">l</hi>. offered instead of 50
<hi rend="italic">l</hi>.—there was no proposition made that the placard should be withdrawn, and that he should be allowed to return and make up his accounts—I was not pressing him for money on the day he</p>
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<p>went away—I did not know that there were writs out against him—I do not now know that there were a great number of writs out at that time—I heard that there was an execution in the house the day I was there—I did not find a great number of writs among the papers—I never examined his papers—I have not examined the duplicates—I heard Mr. Wontner, the prisoner's solicitor, request at the police court that a list should be furnished of the property that I thought was deficient—that has not been done by me.</p>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> Has that list been shown to you before?
<hi rend="italic">A.</hi> No. I cannot say whether these figures are the prisoner's—my debt of 467
<hi rend="italic">l</hi>. was made up from a book debt of 212
<hi rend="italic">l</hi>. for goods supplied and not drawn for at all; 244 4
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. for bills which he had given me and which were dishonoured, and 6
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. for the bracelet which was left on approbation—I fancy the whole of that amount was for goods sold and delivered; the borrowed money had been all repaid.</p>
<hi rend="smallCaps">
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<interp inst="t18611216-name-26" type="surname" value="TOZEN"/>
<interp inst="t18611216-name-26" type="given" value="JOHN JAMES"/>JOHN JAMES TOZEN</persName> </hi> (
<hi rend="italic">re-examined</hi>). I have been in the bankrupt's employ for seven and a half years—I had the management of his business when he was absent—I was at 64—he was as much at one shop as the other—he was between the two shops; in fact, he did not spend more time at 64 than 15—our practice, at the close of the day when the business was over, was to clear the goods out of the window and put them in an iron safe—I generally had the key of the shop and the safe too; he had nothing but the shop—it communicated with a passage that led upstairs—when you shut the door into the passage you shut off all communication with the shop—I generally used to have the key of the safe—I remember the Saturday night, the last time I saw him at the shop—I saw him about twenty-five minutes to seven—I went to Clapham by appointment to take home a dock—I was away about two hours, when I came back the shop was closed—that was about half-past eight or a quarter to nine—I saw the prisoner there—it was my duty to close the shop, except when I was out of the way, and then of course he used to take charge of it—I had returned from Clapham when I found the shop closed—he did not say anything to me—he was outside the shop—I asked him for the key, and he gave it to me, after some little talking—on Monday morning I came back to the shop as usual—the prisoner was not there—he did not come to his duties at all while I was there—when I opened the safe on the Monday morning I found the cases put away as if they contained goods, but they were empty—I went to the prisoner's private residence at Lewisham next day—I did not find him there—the house was empty—I had been to that house two or three times and seen the furniture there—I afterwards saw a pile of that furniture at Hollingsworth's the auctioneers, in Holborn, on the Tuesday.</p>
<hi rend="italic">Cross-examined. Q.</hi> Before the prisoner left an execution had come in, we hear?
<hi rend="italic">A.</hi> Yes. I believe there was an execution in the previous part of the week, before the Saturday, and Mr. Smith paid a certain amount to get the man to go out—that was on the Wednesday or Thursday—I cannot say how he obtained the money to enable him to do that—I cannot remember whether there was sufficient cash in the house to pay out the execution—there was not a very short balance at the time, but he was very much pressed—I know he was served with a great many writs on the Friday and Saturday—none of those writs were by the trade—there was a Mr. Jenks—I do not think he was pressing him very much at that time—I think he was
<hi rend="italic">non est</hi>—he had run—he kept a shop in Regent-street—the prisoner had transactions with him in accommodation bills—most of the writs were about those transactions—I cannot say how long before the prisoner went away it was that Mr. Jenks took him
<xptr type="pageFacsimile" doc="186112160007"/>
<p>off—it was some little time before—I do not know anybody in the trade that issued a writ against him—Mr. Willis was not pressing him very much—there was a 50
<hi rend="italic">l</hi>. bill of Mr. Willis's due that Saturday, and he did not pay—I was not in at the time Mr. Willis came—the prisoner had pawned a great deal of property during the last six or twelve months—the tickets were left in the shop when the assignees took possession—that was how he kept the business going as long as he did—he used to come to business about 10 o'clock, and stop very often till a late hour—he attended to his business properly—I have not gone through the books—I was never at No. 15—we did a very good trade at 64 from time to time—it always did a very good trade from the opening—it was not for some time after the taking of No. 15 that the prisoner began to get into difficulties—I think Mr. Jenks was the main cause of it—I have the business at 64 now, on my own account—the as
<lb/>signees have not asked me to go through the books so as to try and make out what stock is missing—there have been a few book debts which I have given my aid to get in—I think eight or nine books were given up relating to 64—they were the ordinary trade books, day book, ledger and stock book, and two banker's books. with the counterfoils of the cheques—the bill book contained copies of the invoices—sometimes I kept the books, and sometimes Mr. Smith—the stock book was not kept so well, because I never had the control of it—the day book was kept very well—there were two separate bankers, the Unity, and the London and Westminster—it was not one for each shop—Mr. Smith opened a fresh account at the Unity—I do not know why there were two accounts—there is no book that I know of which shows the amount of stock that was received recently before the bankruptey—there is no stock book that I know of, containing an account of what had recently come in—I think the stock book contains no account for about three months—we enter from the bill book into the stock book—the ledger would' show the stock received up to about last Christmas, but not since, I think—the bill book contains the invoices, but Mr. Smith had not kept them for the last three or four months—I do not think you will find any stock entered in the stock book for the last four months—there is no book which would show the stock re
<lb/>ceived during that time; only the invoices, and they were not entered up—they were taken possession of by the Bankruptcy Court—all the invoices were left by the bankrupt.</p>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> Was he in the habit of allowing his wife a sum of money a week?
<hi rend="italic">A.</hi> Yes, 3
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—I took that sum to her the last Saturday night—he kept a separate establishment of his own for the last three years, or nearly so—the average takings a week at No. 64 were about 40
<hi rend="italic">l</hi>.—the profit on these articles is very enormous.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Can you give any idea of the net profits per week at 64?
<hi rend="italic">A.</hi> From 12
<hi rend="italic">l</hi>. to 14
<hi rend="italic">l</hi>.; but about 5
<hi rend="italic">l</hi>. has to be taken out of that for expenses—it would be about 7
<hi rend="italic">l</hi>. net.</p>
<hi rend="smallCaps">MR. METOCALFE</hi>.
<hi rend="italic">Q.</hi> Had not his wife behaved very badly to him?
<hi rend="italic">A.</hi> Not at all.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> What was the value of the stock that you had left on the Saturday night, and which you found missing on the Monday morning?
<hi rend="italic">A.</hi> I should imagine between 400
<hi rend="italic">l</hi>. and 500
<hi rend="italic">l</hi>.—that is at No. 64.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-27" type="witnessName">
<interp inst="t18611216-name-27" type="gender" value="male"/>
<interp inst="t18611216-name-27" type="surname" value="MURTER"/>
<interp inst="t18611216-name-27" type="given" value="JOHN"/>JOHN MURTER</persName> </hi>. I was employed as a porter by the prisoner, at 15 King William-street—Mr. Predicaux acted in the shop with me as a fellow-servant—I was there at the time the shop was closed, on Saturday, 10th August—we usually closed about 8 o'clock on Saturday; we generally began to clear away a little before 8—it was the practice to clear the window and put the</p>
<xptr type="pageFacsimile" doc="186112160008"/>
<p>property into the safe—on that Saturday night I was sent by Mr. Smith to Billingsgate for some fish; I left him at the shop, and no one else; when I returned to the shop, the goods were all cleared out of the window and put into the safe, according to the usual custom—Mr. Predicaux used generally to have the key of the safe, and I had the key of the shop door—I left at half-past eight that night—I went again on Monday morning; I did not see the prisoner afterwards—when the safe was opened on the Monday, and the things came to be looked at, some of them were found to have been taken away.</p>
<hi rend="italic">Cross-examined. Q.</hi> You know that the prisoner was considerably pressed at the time he left, do you not?
<hi rend="italic">A.</hi> Yes, very much; there were six or seven writs out against him then, he was afraid of being arrested, it quite frightened him out of the shop—I saw the placard offering a reward for his apprehension afterwards—I was at No. 15, and used occasionally to go to assist at No. 64—up to that time the prisoner was struggling to pay his way very much—No. 15 was a losing shop; I think he lost a great deal of money by Mr. Jenks—I do dot think there was the property taken away that was stated, but I was only a porter—there was very little at No. 15 that was taken away; there were some plated goods had in, that we used to put into the window for gold goods—we were very short in stock—I cannot form any estimate of the amount that was taken, but I do not think it was anything like what Mr. Willis says—there was very little to take from No. 15, I do not know as to 64.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-28" type="witnessName">
<interp inst="t18611216-name-28" type="gender" value="male"/>
<interp inst="t18611216-name-28" type="surname" value="PREDICAUX"/>
<interp inst="t18611216-name-28" type="given" value="FREDERICK"/>FREDERICK PREDICAUX</persName> </hi>. I was employed by the prisoner previously to 10th August, in his shop at No. 15—Murter was my fellow-servant there—he acted as porter—on this Saturday night I left the shop it might be after 5; I left the shop as usual—I left Mr. Smith there—on the Monday morning I came to the shop as usual—I discovered a deficiency in the stock I do not know what it was; I cannot say—there were things not there, that I had seen there on the Saturday—I don't know the character of the things taken away—Mr. Smith never gave me any goods.</p>
<hi rend="italic">Cross-examined. Q.</hi> There was not very much to take away?
<hi rend="italic">A.</hi> No—I dare say there might be something like 100
<hi rend="italic">l</hi>. worth taken away.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-29" type="witnessName">
<interp inst="t18611216-name-29" type="gender" value="female"/>
<interp inst="t18611216-name-29" type="surname" value="JENKS"/>
<interp inst="t18611216-name-29" type="given" value="LOUISA"/>LOUISA JENKS</persName> </hi>. I was the landlady of the house occupied by Mr. Smith at Lewisham—I do not remember about 8th August last any furniture being removed—I lived next door—I cannot tell when I saw Mr. Smith last at the house in Lowisham—Mr. Lewis has not examined me for the purpose of my proof—I have not given any statement to him, or told him anything before I came here; not at all—I do not know Mr. Smith's solicitor—I remember receiving the keys of my house by parcels delivery—that was a week after the goods were removed—I remember the goods being removed—I saw them removed—two vans of goods were removed on Friday, the 9th of August, and the house was shut up on Saturday—no notice was given to me.</p>
<hi rend="italic">Cross-examined. Q.</hi> Your son was a jeweler?
<hi rend="italic">A.</hi> Yes—he has gone away—I really do not know his affairs, but I believe he was indebted very considerably to the prisoner—I have joined with my son in security to the prisoner—I became security for him for money advanced—I knew that my son was indebted to him.</p>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> How much were you security for?
<hi rend="italic">A.</hi> The first security was 130
<hi rend="italic">l</hi>.—Mr. Smith joined—a portion of that was paid, and afterwards I signed a bill for Mr. Smith for 100
<hi rend="italic">l</hi>.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-30" type="witnessName">
<interp inst="t18611216-name-30" type="gender" value="female"/>
<interp inst="t18611216-name-30" type="surname" value="GABBITAS"/>
<interp inst="t18611216-name-30" type="given" value="SUSAN"/>SUSAN GABBITAS</persName> </hi> I was in the service of Mr. Smith, at Lewisham—I last saw him there on the Thursday—I cannot say the day of the month—I</p>
<xptr type="pageFacsimile" doc="186112160009"/>
<p>believe he slept there on the Thursday—I did not see him on the Friday—he did not sleep there on the Thursday—Thursday was the last time I saw him there—the house was afterwards closed and shut up on the Saturday—I was paid my wages up to that time, all but eleven days—I left when the house was shut up.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-31" type="witnessName">
<interp inst="t18611216-name-31" type="gender" value="male"/>
<interp inst="t18611216-name-31" type="surname" value="MURRELL"/>
<interp inst="t18611216-name-31" type="given" value="ANDREW"/>ANDREW MURRELL</persName> </hi>. I am a carman—Mrs. Smith employed me in August last to remove furniture from the house at Lewisham to a Mr. Hollings-worth's—I removed all the furniture from the house, and took it to Mr. Hollingsworth's—the prisoner was there after I had unloaded—he came there and saw his furniture there—he paid me himself—I did not lock up the house on the Friday—I did not see it done—I did not take the key of the house anywhere—I never put my hand on any key.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-32" type="witnessName">
<interp inst="t18611216-name-32" type="gender" value="male"/>
<interp inst="t18611216-name-32" type="surname" value="HOLLINGSWORTH"/>
<interp inst="t18611216-name-32" type="given" value="WILLIAM"/>WILLIAM HOLLINGSWORTH</persName> </hi>. I am a gentleman—I appear here for my son—I know most of this transaction—my son knows nothing of it—I do not carry on any business myself—I bought this furniture—I was at the auction rooms on the Saturday morning—I gave 38
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. for it—I bought it of Aun Haynes—I never saw Mr. Tozen, the witness, till a fortnight ago, when I saw him at the Court—I did not see the furniture brought—I never saw Mr. Smith in my life till to-day.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Was your son subpoened?
<hi rend="italic">A.</hi> We have been both subpoened—he is not here—I was subpoened on the former occasion, and my son on this—he knows nothing of the matter—Mr. Willis's clerk on Saturday stated that he considered I was the witness who would be required—we did not both come—I am only superintending the business for my son generally—I pass my time with him mostly.</p>
<hi rend="smallCaps">MR. SERJT. PARRY</hi>.
<hi rend="italic">Q.</hi> Did you advance the money yourself?
<hi rend="italic">A.</hi> I paid the money—I could do so in my son's absence—I did do so—I never saw the prisoner about this matter, and I understand my son never saw him—I do not remember the furniture being brought—I first saw it on Saturday morning, 10th August—I went into the auction rooms to value it—I have my books—I have the receipt of Ann Haynes—that is dated the 10th—there was some inquiry made, and I pointed out to the gentleman who inquired, the furniture which we bought—I think I took him to the auction rooms myself, and showed it to him, but who that gentleman was I really do not know—I paid 38
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. for the furniture.</p>
<hi rend="smallCaps">MR. TOZEN</hi> (
<hi rend="italic">re-examined</hi>). I saw this gentleman who has been examined—he pointed out to me the furniture he had bought—I believe that to be the furniture I had seen at Lewisham.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-33" type="witnessName">
<interp inst="t18611216-name-33" type="gender" value="male"/>
<interp inst="t18611216-name-33" type="surname" value="FOULGER"/>
<interp inst="t18611216-name-33" type="given" value="THEODORE HALSTED"/>THEODORE HALSTED FOULGER</persName> </hi>. I am a detective officer of the City police—I received a warrant from Mr. Lewis, the solicitor, on Friday, 16th August (
<hi rend="italic">this was a warrant by Mr. Commissioner Foublanque, dated 15th August, for the apprehension of the prisoner</hi>)—I afterwards received a warrant from Sir Robert Carden—at that time a reward of 50
<hi rend="italic">l</hi>. had been offered—in consequence of inquiries I made, I proceeded to Brussels—I met the prisoner there on the evening of 14th October—I had known him for some years—I followed him into a pastrycook's shop—he said, "What do you want?"—I said, "You ought to know"—he said, "You have no authority here; you are no officer here; you may do very well in England"—I said, "I want you to accompany me to the Vice-Consul's"—he said he should do no such thing—I then told him I should give him into custody to the first policeman I met, and have him taken to the Hotel de Ville for travelling in a false name—I wanted to know what name he was in, and he said, "In the name of Gray"—I then said I should take him, and the female that</p>
<xptr type="pageFacsimile" doc="186112160010"/>
<p>was with him, and have them both given into custody—he then consented to go with me to the Vice-Consul's—the Vice-Consul was not in, and we returned to the hotel I was stopping at—on the road, the prisoner said that he had been fearfully robbed by a person of the name of Jenks; that he could explain it all if I would allow him to see Mr. Willis and Mr. Lewis—he said he would return with me to London—I went to his lodging, No. 7, Rue Verte, and in some drawers there, and on his person, I found a gold watch and chain, 5
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. 3 1/2
<hi rend="italic">d</hi>., a duplicate for a chain pawned in Brussels, three gold rings, a gold locket, a set of studs, a gold pin, a plated eye-glass, and a gold pencil-case—the value of the things was from 16
<hi rend="italic">l</hi>. to 20
<hi rend="italic">l</hi>.—we remained at his lodging all night—I afterwards took him and the female to Ostend—they were passing as Mr. and Mrs. Gray—I found this card on him, with "Mr. Gray" on it—as we were going along I asked him where the property was—he said it was only him and Annie that knew; referring to the female that was with him—when we got on board the steamer I showed the warrant to him—he desired me not to read it—I told him what the purport of it was—I have since seen him in Newgate—I asked him about the property, and he said he had given it all up—I afterwards received some property from the female that was with him on Thursday, 17th October—I have it here—I should think the value of it was about 200
<hi rend="italic">l</hi>.—this is a correct list of it—it was contained in a parcel and two boxes—it was after that property had been given up that I saw the prisoner, and that he said he had given it all up—I said, "You have not given it all up; I am told there is about 2,000
<hi rend="italic">l</hi>. odd that you have pawned"—he said he could account for every farthing of it—I told him he had better make out an account and give it to his solicitor—Mr. Wontner, his solicitor, afterwards gave me this paper to give to Mr. Willis—I handed it to Mr. Lewis—(
<hi rend="italic">This paper contained a statement of the articles pledged by the prisoner; it amounted to upwards of</hi> 2,000
<hi rend="italic">l</hi>., out of which 1,658
<hi rend="italic">l</hi>. was stated to have been paid for trade expenses, and 400
<hi rend="italic">l</hi>.
<hi rend="italic">for household expenses</hi>).</p>
<hi rend="italic">Cross-examined. Q.</hi> Was not another paper given to you?
<hi rend="italic">A.</hi> No; that was the only one I received from or through the prisoner.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-34" type="witnessName">
<interp inst="t18611216-name-34" type="gender" value="male"/>
<interp inst="t18611216-name-34" type="surname" value="ELLIS"/>
<interp inst="t18611216-name-34" type="given" value="ROBERT"/>ROBERT ELLIS</persName> </hi>. I am manager to Mr. Harrison, a pawnbroker, of Aldersgate-street, City—from lst February, 1861, to 2d August, 1861, the prisoner pawned jewellery, watches, &c. with us to the amount of 9
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>., but some of those things were renewed—the pledging extends over about eighteen months—besides that sum there was another sum of 200
<hi rend="italic">l</hi>.; that consisted of jewellery also—the assignees have since redeemed that property.</p>
<hi rend="italic">Cross-examined. Q.</hi> Is the 200
<hi rend="italic">l</hi>. within the same dates?
<hi rend="italic">A.</hi> Extending over about eighteen months.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-35" type="witnessName">
<interp inst="t18611216-name-35" type="gender" value="male"/>
<interp inst="t18611216-name-35" type="surname" value="CLOUD"/>
<interp inst="t18611216-name-35" type="given" value="RICHARD HENRY"/>RICHARD HENRY CLOUD</persName> </hi>. I am manager to Mr. Richard Attenborough, pawnbroker—I have here a memorandum, in Mr. James Attenborough's writing, of goods pawned to the amount of 215
<hi rend="italic">l</hi>.—it is signed by the prisoner—it extends from 27th April, 1861, to the 7th August, 1861—he has also pawned with Mr. Richard Attenborough to the extent of 129
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., from 6th March to 30th July—they were goods left for various loans.</p>
<hi rend="italic">Cross-examined. Q.</hi> Can you tell how much of that would be for renewals?
<hi rend="italic">A.</hi> I believe not any—when he deposited the goods, he invariably said that the money was to make payments—I have known him for about two years—he has pawned and redeemed a good deal of property in that time—about three parts of this was property sold.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-36" type="witnessName">
<interp inst="t18611216-name-36" type="gender" value="male"/>
<interp inst="t18611216-name-36" type="surname" value="FINCH"/>
<interp inst="t18611216-name-36" type="given" value="WILLIAM"/>WILLIAM FINCH</persName> </hi>. I am a miller by calling—I am in the habit of advancing money occasionally—I know the prisoner—during the year 1861 I advanced him money, on the deposit of goods, to the amount of 420
<hi rend="italic">l</hi>.</p>
<xptr type="pageFacsimile" doc="186112160011"/>
<hi rend="italic">Cross-examined. Q.</hi> When was that?
<hi rend="italic">A.</hi> Some time in June and July—it was in different sums—I took the goods as collateral security for bills of exchange—I charged him, I should say, above five per cent. for the time, but I could not tell exactly—it was for six weeks—he brought his solicitor with him—I believe Mr. Jenks introduced me to him—I do not know—I could not say whether Mr. Jenks or his solicitor introduced me.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-37" type="witnessName">
<interp inst="t18611216-name-37" type="gender" value="male"/>
<interp inst="t18611216-name-37" type="surname" value="LEWIS"/>
<interp inst="t18611216-name-37" type="given" value="WILLIAM"/>WILLIAM LEWIS</persName> </hi>. I am the solicitor to the assignees—I have examined the books together with my clerk—I have examined the stock book and the invoices—I could not find all the invoices—all the books that I examined are here—I have not been able to make out an accurate account of the quantity of stock that we missed—there is no account of the monies he received at the two shops in this statement—I have not had any communi
<lb/>cation from the prisoner as to the takings at No. 15 at any time—there was a stock in that shop—it fetched 290
<hi rend="italic">l</hi>. at Debenham's, at a forced sale—the stock at No. 64 fetched 462
<hi rend="italic">l</hi>. odd—in addition to that, about 500
<hi rend="italic">l</hi>. was received as the takings from No. 64 for six weeks, and 330
<hi rend="italic">l</hi>. from No. 15.</p>
<hi rend="smallCaps">MR. METCALFE</hi>
<hi rend="italic">submitted that the indictment must fail, inasmuch as the statute upon which it was founded, the 12 and 13 Vic c. 106, had been repealed by 23 and 24 Vic. c 134; and the only arguable point in favour of the indictment would be, whether section 230 of the later Act continued the offence under the former Act, and prevented the repeal taking effect; for there were numerous cases which established that if an Act of Parliament was repealed, the offences contained in it fell to the ground; this same question had arisen in every Bankruptcy Act that had been passed; it arose when 6 Geo. 4 repealed 5 Geo. 4, and again, when that was repealed by 12 and 13 Vic. (Lord Brougham's Act). The learned counsel referred to the cases of Reg v. Swan and Reg v. Nairn, reported in 4 Cox's Criminal Cases, pages 108 and 115, also in the 31st vol. of the Sessions Papers, pages 227 and 279. The
<hi rend="smallCaps">RECORDER</hi> inquired, whether in those Acts there was any section at all equivalent to the 230th section of the present Act.
<hi rend="smallCaps">MR. METCALFE</hi> replied, that the words were almost identical with those used in 12 and 13 Vic.; if the 230th section had stated, that the offences committed under the former Act should still be offences prosecutable by law, his argument would fall to the ground, but it was confined to "proceedings pending;" the word "penalty" might be relied upon on the other side, but in the cases quoted, the word "penalty," which was used in 12 and 13 Vic, was held to refer to pecuniary penalty, and not to penalty of imprisonment or penal servitude; it could not, therefore, be contended that there was any word in the present Act which preserved the offence, or entailed upon the prisoner the possibility of a conviction of it; for though the penalties were preserved and the proceedings kept alive, the offences were not mentioned, and according to the authorities the offences must be preserved in the clearest and most express terms before a conviction could take place.</hi> </p>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>
<hi rend="italic">contended that it was very unlikely the Legislature should have made such an omission, and in Reg. v. Swan the repealing section of 12 and 13 Vic. was held to be most distinctly excepted; in the 230th section of the present Act the exceptions applied clearly and distinctly to civil proceedings only and to proceedings pending.</hi> </p>
<hi rend="smallCaps">THE RECORDER</hi>.
<hi rend="italic">But these proceedings were not pending at the time of the passing of the Act.</hi> </p>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>
<hi rend="italic">relied upon the warrant for the prisoner's appre
<lb/>hension, which was issued on 4th October, to show this to be a proceeding pending; he also urged that whilst in 5 and 6 Geo. 4, the words describing the proceedings were clearly confined to civil proceedings, this section had no limita
<lb/>tion;</hi> </p>
<xptr type="pageFacsimile" doc="186112160012"/>
<hi rend="italic">the words were most general, and he submitted must receive a general construction, and a construction even which went to fix upon a person a crime, which clearly was a crime at the time the Act passed; then would arise the question whether a warrant, duly granted upon a sworn information, was a proceeding pending, and whether there was an act done or a penalty incurred? the act done was the non-surrender—that act was done on 26th September, and the offence was then complete—then was there a penalty incurred, what was the meaning of the word "penalty?" strictly speaking, perhaps, it had no legal definition, but that it was not confined to pecuniary matters was evident from the common expression of the "penalty of death," the highest punishment known to the law; it was defined by Locke, in a note to the word in Johnson's Dictionary, as a "judicial punishment" and if it was sought to restrict the meaning of the word to pecuniary penalties, some authority jor such restriction should be produced; it appeared to him that those who drew this Act of Parliament intended, by the use of large and general words, to include both civil and criminal proceedings; as the question was one of considerable im
<lb/>portance, if any substantial doubt existed on the subject, it might be reserved for the Court of Criminal Appeal.</hi>
<hi rend="smallCaps">MR. TINDAL ATKINSON</hi>,
<hi rend="italic">on the same side, urged that the word "penalty" must be taken in its largest sense, as it was still preserved, notwithstanding the offence itself was by the new Act reduced from a felony to misdemeanour.</hi> </p>
<hi rend="smallCaps">MR. METCALFE</hi>
<hi rend="italic">was heard in reply: he inquired, if "penalty" applied to imprisonment and punishment for an offence committed under this Act; whether that offence was a felony or a misdemeanour? but for the reservation, the former Act was repealed; that Act made the offence a felony, by the present Act it was a misdemeanour; yet it was contended that notwithstanding the offence of felony was taken amay, the offence was continued because the penalty remained; that tended to show that if it preserved anything connected with it, it ought to have kept alive the offence eo nomire.</hi> (
<hi rend="smallCaps">THE RECORDER</hi>.
<hi rend="italic">They are bound to prove a felony; unless it is a felony you have an acquittal.) How did they show this to be a felony? they urged that the penalty for a certain thing was kept alive; he contended that the offence was not kept alive, because the words "shall be deemed a felony" were swept away, and if the penalty remained, there was no power which preserved the right of indicting for this offence. In the Criminal Law Consolidation Act, passed contemporaneously with this, not only were the offences preserved, but the power to try and determine was all to continue as before; here there was no such thing; and supposing "penalty" meant, as was contended, the power of transporting, as well as of inflicting a fine, where was the power to indict or sentence, or what was to be the mode of getting at the parties; he submitted that all that was preserved was the penalty in respect of any matter or thing done; there were no words that were equivalent to an offence, or which showed that it was intended to keep alive criminal proceedings.</hi> </p>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>
<hi rend="italic">called attention to 255th section of the old Act, to the sworn information on which the warrant was granted, and the direction of the Commissioner to prosecute.</hi> </p>
<hi rend="smallCaps">THE RECORDER</hi>.
<hi rend="italic">"I must say that I am very much impressed by the last point put by Mr. Metealfe; I am inclined to think that the penalties are pre
<lb/>served and continued, but I am doubtful whether the offence of felony is continued; and it is necessary for the prosecution to show that a felony has been committed; upon that point I entertain so much doubt that I feel disposed to reserve it, as a similar question may occur in other cases."</hi> </p>
<xptr type="pageFacsimile" doc="186112160013"/>
<hi rend="italic">Henry Henderson, jeweller, of the Strand, and James Corss, clothier, of Shoreditch, deposed to the prisoner's good character.</hi> </p>
<rs id="t18611216-87-verdict-1" type="verdictDescription">
<interp inst="t18611216-87-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611216-87-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi> </rs>.—
<hi rend="smallCaps">
<rs id="t18611216-87-punishment-1" type="punishmentDescription">
<interp inst="t18611216-87-punishment-1" type="punishmentCategory" value="noPunish"/>
<interp inst="t18611216-87-punishment-1" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-87-18611216 t18611216-87-punishment-1"/>JUDGMENT RESERVED</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18611216-88">
<interp inst="t18611216-88" type="uri" value="sessionsPapers/18611216"/>
<interp inst="t18611216-88" type="date" value="18611216"/>
<join result="criminalCharge" id="t18611216-88-charge-1" targOrder="Y" targets="def1-88-18611216 t18611216-88-offence-1 t18611216-88-verdict-1"/>
<persName id="def1-88-18611216" type="defendantName">
<interp inst="def1-88-18611216" type="gender" value="male"/>
<interp inst="def1-88-18611216" type="age" value="38"/>
<interp inst="def1-88-18611216" type="surname" value="JONES"/>
<interp inst="def1-88-18611216" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM JONES</hi> (38)</persName>
<rs id="t18611216-88-offence-1" type="offenceDescription">
<interp inst="t18611216-88-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18611216-88-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 1 coat, 2 waistcoats, 5 collars, 1 broach, and 1 watchchain, the property of
<persName id="t18611216-name-39" type="victimName">
<interp inst="t18611216-name-39" type="gender" value="female"/>
<interp inst="t18611216-name-39" type="surname" value="COLLINS"/>
<interp inst="t18611216-name-39" type="given" value="SARAH"/>
<join result="offenceVictim" targOrder="Y" targets="t18611216-88-offence-1 t18611216-name-39"/>Sarah Collins</persName>; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18611216-88-verdict-1" type="verdictDescription">
<interp inst="t18611216-88-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611216-88-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.*—
<hi rend="italic">
<rs id="t18611216-88-punishment-2" type="punishmentDescription">
<interp inst="t18611216-88-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18611216-88-punishment-2" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-88-18611216 t18611216-88-punishment-2"/>Confined Eight Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18611216-89">
<interp inst="t18611216-89" type="uri" value="sessionsPapers/18611216"/>
<interp inst="t18611216-89" type="date" value="18611216"/>
<join result="criminalCharge" id="t18611216-89-charge-1" targOrder="Y" targets="def1-89-18611216 t18611216-89-offence-1 t18611216-89-verdict-1"/>
<persName id="def1-89-18611216" type="defendantName">
<interp inst="def1-89-18611216" type="gender" value="male"/>
<interp inst="def1-89-18611216" type="age" value="19"/>
<interp inst="def1-89-18611216" type="surname" value="WOOLNOUGH"/>
<interp inst="def1-89-18611216" type="given" value="QUINTON"/>
<hi rend="largeCaps">QUINTON WOOLNOUGH</hi> (19)</persName>
<rs id="t18611216-89-offence-1" type="offenceDescription">
<interp inst="t18611216-89-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18611216-89-offence-1" type="offenceSubcategory" value="mail"/>, Stealing 4 post letters, the property of Her Majesty's Post Master General; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18611216-89-verdict-1" type="verdictDescription">
<interp inst="t18611216-89-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611216-89-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18611216-89-punishment-3" type="punishmentDescription">
<interp inst="t18611216-89-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18611216-89-punishment-3" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-89-18611216 t18611216-89-punishment-3"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18611216-90">
<interp inst="t18611216-90" type="uri" value="sessionsPapers/18611216"/>
<interp inst="t18611216-90" type="date" value="18611216"/>
<join result="criminalCharge" id="t18611216-90-charge-1" targOrder="Y" targets="def1-90-18611216 t18611216-90-offence-1 t18611216-90-verdict-1"/>
<persName id="def1-90-18611216" type="defendantName">
<interp inst="def1-90-18611216" type="gender" value="male"/>
<interp inst="def1-90-18611216" type="age" value="18"/>
<interp inst="def1-90-18611216" type="surname" value="MCLAREN"/>
<interp inst="def1-90-18611216" type="given" value="EDWARD"/>
<interp inst="def1-90-18611216" type="occupation" value="employed in Post-office"/>
<hi rend="largeCaps">EDWARD MCLAREN</hi> (18)</persName>
<rs id="t18611216-90-offence-1" type="offenceDescription">
<interp inst="t18611216-90-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18611216-90-offence-1" type="offenceSubcategory" value="mail"/>, Stealing, whilst employed in the Post-office, a post letter, containing 2 half-sovereigns, the property of
<persName id="t18611216-name-42" type="victimName">
<interp inst="t18611216-name-42" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18611216-90-offence-1 t18611216-name-42"/>Her Majesty's Post Master General</persName>; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18611216-90-verdict-1" type="verdictDescription">
<interp inst="t18611216-90-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611216-90-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.</p>
<hi rend="italic">
<rs id="t18611216-90-punishment-4" type="punishmentDescription">
<interp inst="t18611216-90-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18611216-90-punishment-4" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-90-18611216 t18611216-90-punishment-4"/>He received a good character.—Four Years' Penal Servitude</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, December</hi>, 16
<hi rend="italic">th</hi>, 1861.</p>
<hi rend="largeCaps">PRESENT</hi>.—Mr. Ald.
<hi rend="smallCaps">CONDER</hi>, and Mr.
<hi rend="smallCaps">COMMON SERJEANT</hi>.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18611216-91">
<interp inst="t18611216-91" type="uri" value="sessionsPapers/18611216"/>
<interp inst="t18611216-91" type="date" value="18611216"/>
<join result="criminalCharge" id="t18611216-91-charge-1" targOrder="Y" targets="def1-91-18611216 t18611216-91-offence-1 t18611216-91-verdict-1"/>
<persName id="def1-91-18611216" type="defendantName">
<interp inst="def1-91-18611216" type="gender" value="male"/>
<interp inst="def1-91-18611216" type="age" value="16"/>
<interp inst="def1-91-18611216" type="surname" value="WILSON"/>
<interp inst="def1-91-18611216" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM WILSON</hi> (16)</persName>
<rs id="t18611216-91-offence-1" type="offenceDescription">
<interp inst="t18611216-91-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18611216-91-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, Stealing 38 lbs. of lead, the property of
<persName id="t18611216-name-44" type="victimName">
<interp inst="t18611216-name-44" type="gender" value="male"/>
<interp inst="t18611216-name-44" type="surname" value="CAMPBELL"/>
<interp inst="t18611216-name-44" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18611216-91-offence-1 t18611216-name-44"/>James Campbell</persName> and another, fixed to a building; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18611216-91-verdict-1" type="verdictDescription">
<interp inst="t18611216-91-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611216-91-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18611216-91-punishment-5" type="punishmentDescription">
<interp inst="t18611216-91-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18611216-91-punishment-5" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-91-18611216 t18611216-91-punishment-5"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18611216-92">
<interp inst="t18611216-92" type="uri" value="sessionsPapers/18611216"/>
<interp inst="t18611216-92" type="date" value="18611216"/>
<join result="criminalCharge" id="t18611216-92-charge-1" targOrder="Y" targets="def1-92-18611216 t18611216-92-offence-1 t18611216-92-verdict-1"/>
<persName id="def1-92-18611216" type="defendantName">
<interp inst="def1-92-18611216" type="gender" value="male"/>
<interp inst="def1-92-18611216" type="age" value="32"/>
<interp inst="def1-92-18611216" type="surname" value="JOSSLYN"/>
<interp inst="def1-92-18611216" type="given" value="JOHN UNDERWOOD"/>
<hi rend="largeCaps">JOHN UNDERWOOD JOSSLYN</hi> (32)</persName>, was again iudicted (
<hi rend="italic">See page</hi> 44)
<rs id="t18611216-92-offence-1" type="offenceDescription">
<interp inst="t18611216-92-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18611216-92-offence-1" type="offenceSubcategory" value="embezzlement"/> for embezzling the sums of 2
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>., 3
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. and 5
<hi rend="italic">l</hi>.; also, the sums of 5
<hi rend="italic">l</hi>., 2
<hi rend="italic">l</hi>.,4
<hi rend="italic">s</hi>., and 2
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. which he had received on account to his master,
<persName id="t18611216-name-46" type="victimName">
<interp inst="t18611216-name-46" type="gender" value="male"/>
<interp inst="t18611216-name-46" type="surname" value="WALKER"/>
<interp inst="t18611216-name-46" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18611216-92-offence-1 t18611216-name-46"/>William Walker</persName>,</rs> upon which
<hi rend="smallCaps">MR. SLEIGH</hi> for the Prosecution offered no evidence.</p>
<hi rend="smallCaps">
<rs id="t18611216-92-verdict-1" type="verdictDescription">
<interp inst="t18611216-92-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18611216-92-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18611216-93">
<interp inst="t18611216-93" type="uri" value="sessionsPapers/18611216"/>
<interp inst="t18611216-93" type="date" value="18611216"/>
<join result="criminalCharge" id="t18611216-93-charge-1" targOrder="Y" targets="def1-93-18611216 t18611216-93-offence-1 t18611216-93-verdict-1"/>
<persName id="def1-93-18611216" type="defendantName">
<interp inst="def1-93-18611216" type="gender" value="female"/>
<interp inst="def1-93-18611216" type="surname" value="YENDINNING"/>
<interp inst="def1-93-18611216" type="given" value="UNLAWFULLY LILY\"/>
<hi rend="largeCaps">LILY YENDINNING</hi>, Unlawfully</persName>
<rs id="t18611216-93-offence-1" type="offenceDescription">
<interp inst="t18611216-93-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18611216-93-offence-1" type="offenceSubcategory" value="fraud"/> conspiring with a man unknown to defraud
<persName id="t18611216-name-48" type="victimName">
<interp inst="t18611216-name-48" type="gender" value="male"/>
<interp inst="t18611216-name-48" type="surname" value="EDWARDS"/>
<interp inst="t18611216-name-48" type="given" value="HENRY"/>
<interp inst="t18611216-name-48" type="occupation" value="lodging-house keeper"/>
<join result="offenceVictim" targOrder="Y" targets="t18611216-93-offence-1 t18611216-name-48"/>Henry Edwards</persName>.
<hi rend="italic">Other Counts for obtaining goods by false pretences.</hi> </rs> </p>
<hi rend="smallCaps">MR. TAYLOR</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18611216-name-49" type="witnessName">
<interp inst="t18611216-name-49" type="gender" value="male"/>
<interp inst="t18611216-name-49" type="surname" value="EDWARDS"/>
<interp inst="t18611216-name-49" type="given" value="HENRY"/>HENRY EDWARDS</persName> </hi>, I am a lodging-house keeper, of 16, Grove-place, Brompton—the defendant was my lodger there—she left in October last, in my debt, and at her own consent I detained some of her property—I have not got the papers with which I was served from the Hammersmith Police-court—a man afterwards called on me.</p>
<hi rend="smallCaps">MR. HANDLEY</hi>. I was retained to conduct the prosecution, but was not employed—I object to produce anything—I was asked to go and compromise this matter, and declined—I will answer no questions unless His Lordship orders me—I am retained. in writing by the prosecutor—I have been acting as clerk to Mr. Munday for the last seven years—the prosecutor did not entrust me with any papers relating to this matter; papers were entrusted into my hands by the Magistrate of the Court, Mr. Daymond.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Hive you got them in Court?
<hi rend="italic">A.</hi> Yes; these are them—I did not abandon the prosecution, but I was repudiated because I would not go and compound it, having a written retainer—he wanted to compromise the matter a week ago, and I refused to see him—I said I will have nothing to say to him—I obtained these summonses (
<hi rend="italic">produced</hi>) against Henry Edwards from the Magistrate.</p>
<xptr type="pageFacsimile" doc="186112160014"/>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">HENRY EDWARDS</hi>.
<hi rend="italic">Q.</hi> Is this your signature. (
<hi rend="italic">To the retainer)? A.</hi> Yes; I did not know that it was a retainer when I signed it—I received this paper (
<hi rend="italic">One of the summonses</hi>) before the man called on me—he called in reference to the matter that this paper relates to.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>,
<hi rend="italic">Q.</hi> Do you mean to say that that is the paper that was served on you?
<hi rend="italic">A.</hi> I do not know; I think it would be wrong to answer the question—I am so disinterested in the matter that I cannot say.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> What did you do with the paper that was served on you?
<hi rend="italic">A.</hi> Mr. Handley has it.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">MR. HANDLEY</hi>.
<hi rend="italic">Q.</hi> Is this the only one you have got?
<hi rend="italic">A.</hi> No; I have got others—there were two—I cannot find the one mentioned by Mr. Paynter.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">HENRY EDWARDS</hi>.
<hi rend="italic">Q.</hi> Was a paper served on you
<hi rend="italic">A.</hi> Yes; and I afterwards went before the Magistrate, but I did not appear to the summons—this other paper (
<hi rend="italic">produced</hi>) was served on me by the police, on the Wednesday morning. (
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">objected to this being ready it not being signed by the Magistrate; it commenced, "The defendant is ordered to deliver up," which might be written by anybody.</hi>)</p>
<hi rend="smallCaps">MR. TAYLOR</hi>.
<hi rend="italic">Q.</hi> You say that you received this paper on the Wednesday morning when the man came to you?
<hi rend="italic">A.</hi> The man came to me on the Tuesday evening, and the defendant was then outside the door on the opposite side of the way—it was brought by the police-constable Fletcher—I am quite sure that this is the summons he brought.</p>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> Will you swear that is the identical paper that was served on you?
<hi rend="italic">A.</hi> No; how can I swear if? I never looked at it.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You have just said that it was served on you by Fletcher?
<hi rend="italic">A.</hi> This is the summons that was served on me—this is, I believe, the paper that I gave to Handley.</p>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> Will you swear it?
<hi rend="italic">A.</hi> No, I will not.</p>
<hi rend="smallCaps">MR. HANDLEY</hi>. It is not the one you gave me.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-50" type="witnessName">
<interp inst="t18611216-name-50" type="gender" value="male"/>
<interp inst="t18611216-name-50" type="surname" value="FLETCHER"/>
<interp inst="t18611216-name-50" type="given" value="GEORGE"/>GEORGE FLETCHER</persName> </hi>. I am warrant officer to the Hammersmith Police-court—I heard the defendant apply to the Magistrate for a summons against Mr. Edwards for detaining her boxes—the information was taken down afterwards—her application was granted, a summons was issued, and I served a paper on Mr. Edwards immediately after that application, which I copied from this, the original summons—I served that copy—I served it upon a female on the premises—I saw the defendant attend before the Magistrate on 21st October—Mr. Edwards was not present—I heard her admit that she owed Mr. Edwards 3
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>., and the Magistrate ordered the goods to be delivered up upon payment of 3
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>.—this is what I usually sign when an order is made by the Magistrate—I have seen no order besides this.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> What you call making an order is the Magistrate saying that the goods are to be delivered up?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">MR. TAYLOR</hi>.
<hi rend="italic">Q.</hi> Then do you get that minute?
<hi rend="italic">A.</hi> Yes; from the clerk, I saw him write it—I received this from Mr. Edwards. (
<hi rend="italic">Upon
<hi rend="smallCaps">MR. TAYLOR</hi> proposing to read the minute,
<hi rend="smallCaps">MR. RIBTON</hi> objected, it being drawn up by the clerk only).</hi> </p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Was this written in the prisoner's presence?
<hi rend="italic">A.</hi> I can hardly say; but she was told that she was to receive her boxes upon payment of 3
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. (
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">contended that it was necessary to prove the summons first, and then an actual order for the payment of</hi> 3
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>.)</p>
<xptr type="pageFacsimile" doc="186112160015"/>
<hi rend="smallCaps">MR. TAYLOR</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">MR. HANDLET</hi>.
<hi rend="italic">Q.</hi> Did you receive a paper from Mr. Edwards?
<hi rend="italic">A.</hi> The only paper I received from him was a minute of that order, I never had a copy of the summons, and I told Mr. Lewis so when he subpoened me to produce a summons by Mr. Ingham, or Mr. Daymond, and I found it was Mr. Paynter's summons that I had. (
<hi rend="smallCaps">THE COURT</hi>
<hi rend="italic">suggested that it was possible that the order never came to Mr. Edwards hands as it was not served upon him personally.
<hi rend="smallCaps">MR. TAYLOR</hi> contended that as the order was made in the. Defendant's presence for the delivery of the goods, there was enough to support the Third Count.
<hi rend="smallCaps">THE COURT</hi> considered that it was necessary to prove that the summons was served upon Mr. Edwards.
<hi rend="smallCaps">MR. RIBTON</hi> further contended that it would be necessary to call all the Magistrates to prove that they gave no order for the delivery of the goods upon the payment of</hi> 2
<hi rend="italic">l</hi>.,
<hi rend="italic">as the name of any Magistrate had not been mentioned.</hi>
<hi rend="smallCaps">THE COURT</hi>
<hi rend="italic">suggested that the Magistrate's clerk ought to be called.</hi>)</p>
<hi rend="smallCaps">
<persName id="t18611216-name-51" type="witnessName">
<interp inst="t18611216-name-51" type="gender" value="male"/>
<interp inst="t18611216-name-51" type="surname" value="ANDREW"/>
<interp inst="t18611216-name-51" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY ANDREW</persName> </hi>. I am clerk to the Magistrates at Hammer
<lb/>smith police-court—I remember the defendant applying to the Magistrate relative to her clothes—I was present on 21st October when the summons came on to be heard—the defendant stated her case, and I made a memo
<lb/>randum of what she said; it is very short in consequence of the non-appearance of the defendant—
<hi rend="italic">Reading:</hi> "Henry Edwards, summons for detaining; George Fletcher served summons on 17th, at defendant's house; Lily Vendinning sworn—I live at the defendant's house, 16, George-place, Brompton—I left on Tuesday last—he detained three trunks of wearing apparel—I demanded them and was refused—I owe him 3
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>."—Order to give up goods upon payment of 3
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. and costs"—the defendant made no other application about her goods to the Magistrate—this minute is in my writing—I describe it as a minute of the order under Jarvis's Act—all the statute requires is for that to be served on the defendant.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-52" type="witnessName">
<interp inst="t18611216-name-52" type="gender" value="male"/>
<interp inst="t18611216-name-52" type="surname" value="EDWARDS"/>
<interp inst="t18611216-name-52" type="given" value="HENRY"/>HENRY EDWARDS</persName> </hi> (
<hi rend="italic">re-examined). Q.</hi> When a man accompanied by the prisoner called on you on Tuesday evening what took place, did you see the things put into the cab?
<hi rend="italic">A.</hi> Certainly not.</p>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> Was the prisoner near enough to hear what was said?
<hi rend="italic">A.</hi> I think not.</p>
<hi rend="smallCaps">THE COURT</hi>
<hi rend="italic">considered that this evidence was not enough to make the defendant responsible for what the man said.</hi> </p>
<hi rend="smallCaps">
<rs id="t18611216-93-verdict-1" type="verdictDescription">
<interp inst="t18611216-93-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18611216-93-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18611216-94">
<interp inst="t18611216-94" type="uri" value="sessionsPapers/18611216"/>
<interp inst="t18611216-94" type="date" value="18611216"/>
<join result="criminalCharge" id="t18611216-94-charge-1" targOrder="Y" targets="def1-94-18611216 t18611216-94-offence-1 t18611216-94-verdict-1"/>
<persName id="def1-94-18611216" type="defendantName">
<interp inst="def1-94-18611216" type="gender" value="male"/>
<interp inst="def1-94-18611216" type="age" value="20"/>
<interp inst="def1-94-18611216" type="surname" value="FINNETT"/>
<interp inst="def1-94-18611216" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES FINNETT</hi> (20)</persName>
<rs id="t18611216-94-offence-1" type="offenceDescription">
<interp inst="t18611216-94-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18611216-94-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 1 pair of trousers, value 10
<hi rend="italic">s</hi>., the property of
<persName id="t18611216-name-54" type="victimName">
<interp inst="t18611216-name-54" type="gender" value="male"/>
<interp inst="t18611216-name-54" type="surname" value="BUTCHER"/>
<interp inst="t18611216-name-54" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18611216-94-offence-1 t18611216-name-54"/>James Butcher</persName>; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18611216-94-verdict-1" type="verdictDescription">
<interp inst="t18611216-94-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611216-94-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18611216-94-punishment-6" type="punishmentDescription">
<interp inst="t18611216-94-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18611216-94-punishment-6" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-94-18611216 t18611216-94-punishment-6"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18611216-95">
<interp inst="t18611216-95" type="uri" value="sessionsPapers/18611216"/>
<interp inst="t18611216-95" type="date" value="18611216"/>
<join result="criminalCharge" id="t18611216-95-charge-1" targOrder="Y" targets="def1-95-18611216 t18611216-95-offence-1 t18611216-95-verdict-1"/>
<persName id="def1-95-18611216" type="defendantName">
<interp inst="def1-95-18611216" type="gender" value="male"/>
<interp inst="def1-95-18611216" type="age" value="18"/>
<interp inst="def1-95-18611216" type="surname" value="MILLERM"/>
<interp inst="def1-95-18611216" type="given" value="MATTHEW"/>
<hi rend="largeCaps">MATTHEW MILLERM</hi> (18)</persName>
<rs id="t18611216-95-offence-1" type="offenceDescription">
<interp inst="t18611216-95-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18611216-95-offence-1" type="offenceSubcategory" value="embezzlement"/>, Embezzling the sums of 1
<hi rend="italic">l</hi>., 15
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>., 2
<hi rend="italic">l</hi>. 0
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>., and 6
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 0
<hi rend="italic">d</hi>., the property of
<persName id="t18611216-name-56" type="victimName">
<interp inst="t18611216-name-56" type="gender" value="male"/>
<interp inst="t18611216-name-56" type="surname" value="LOWDEN"/>
<interp inst="t18611216-name-56" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18611216-95-offence-1 t18611216-name-56"/>James Lowden</persName>, his master. to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18611216-95-verdict-1" type="verdictDescription">
<interp inst="t18611216-95-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611216-95-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18611216-95-punishment-7" type="punishmentDescription">
<interp inst="t18611216-95-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18611216-95-punishment-7" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-95-18611216 t18611216-95-punishment-7"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18611216-96">
<interp inst="t18611216-96" type="uri" value="sessionsPapers/18611216"/>
<interp inst="t18611216-96" type="date" value="18611216"/>
<join result="criminalCharge" id="t18611216-96-charge-1" targOrder="Y" targets="def1-96-18611216 t18611216-96-offence-1 t18611216-96-verdict-1"/>
<persName id="def1-96-18611216" type="defendantName">
<interp inst="def1-96-18611216" type="gender" value="male"/>
<interp inst="def1-96-18611216" type="age" value="24"/>
<interp inst="def1-96-18611216" type="surname" value="GEORGE"/>
<interp inst="def1-96-18611216" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM GEORGE</hi> (24)</persName>
<rs id="t18611216-96-offence-1" type="offenceDescription">
<interp inst="t18611216-96-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18611216-96-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing I watch, value 50
<hi rend="italic">s</hi>., the property of
<persName id="t18611216-name-58" type="victimName">
<interp inst="t18611216-name-58" type="gender" value="male"/>
<interp inst="t18611216-name-58" type="surname" value="CRAY"/>
<interp inst="t18611216-name-58" type="given" value="ALFRED"/>
<join result="offenceVictim" targOrder="Y" targets="t18611216-96-offence-1 t18611216-name-58"/>Alfred Cray</persName>, from his person, having been before convicted; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18611216-96-verdict-1" type="verdictDescription">
<interp inst="t18611216-96-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611216-96-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18611216-96-punishment-8" type="punishmentDescription">
<interp inst="t18611216-96-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18611216-96-punishment-8" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-96-18611216 t18611216-96-punishment-8"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, December</hi> 17
<hi rend="italic">th</hi>, 1861.</p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Ald.
<hi rend="smallCaps">SALOMONS</hi>, Mr.
<hi rend="smallCaps">RECORDER</hi>, Mr. Ald.
<hi rend="smallCaps">PHILLIPS</hi>., and Mr. Ald.
<hi rend="smallCaps">CONDER</hi>.</p>
<xptr type="pageFacsimile" doc="186112160016"/>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18611216-97">
<interp inst="t18611216-97" type="uri" value="sessionsPapers/18611216"/>
<interp inst="t18611216-97" type="date" value="18611216"/>
<join result="criminalCharge" id="t18611216-97-charge-1" targOrder="Y" targets="def1-97-18611216 t18611216-97-offence-1 t18611216-97-verdict-1"/>
<join result="criminalCharge" id="t18611216-97-charge-2" targOrder="Y" targets="def2-97-18611216 t18611216-97-offence-1 t18611216-97-verdict-2"/>
<join result="criminalCharge" id="t18611216-97-charge-3" targOrder="Y" targets="def3-97-18611216 t18611216-97-offence-1 t18611216-97-verdict-3"/>
<persName id="def1-97-18611216" type="defendantName">
<interp inst="def1-97-18611216" type="gender" value="male"/>
<interp inst="def1-97-18611216" type="age" value="21"/>
<interp inst="def1-97-18611216" type="surname" value="HART"/>
<interp inst="def1-97-18611216" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN HART</hi> (21)</persName>,
<persName id="def2-97-18611216" type="defendantName">
<interp inst="def2-97-18611216" type="gender" value="male"/>
<interp inst="def2-97-18611216" type="age" value="27"/>
<interp inst="def2-97-18611216" type="surname" value="WILLIAMS"/>
<interp inst="def2-97-18611216" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES WILLIAMS</hi>alias
<rs id="t18611216-alias-1" type="alias">
<join result="nameAlias" targOrder="Y" targets="def2-97-18611216 t18611216-alias-1"/>
<hi rend="largeCaps">STEWART</hi> </rs> (27)</persName>, and
<persName id="def3-97-18611216" type="defendantName">
<interp inst="def3-97-18611216" type="gender" value="male"/>
<interp inst="def3-97-18611216" type="age" value="28"/>
<interp inst="def3-97-18611216" type="surname" value="EVANS"/>
<interp inst="def3-97-18611216" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY EVANS</hi> (28)</persName>
<rs id="t18611216-97-offence-1" type="offenceDescription">
<interp inst="t18611216-97-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18611216-97-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, Feloniously breaking and entering the ware-house of
<persName id="t18611216-name-62" type="victimName">
<interp inst="t18611216-name-62" type="gender" value="male"/>
<interp inst="t18611216-name-62" type="surname" value="INNES"/>
<interp inst="t18611216-name-62" type="given" value="JOHN"/>
<interp inst="t18611216-name-62" type="occupation" value="warehouse-keeper"/>
<join result="offenceVictim" targOrder="Y" targets="t18611216-97-offence-1 t18611216-name-62"/>John Innes</persName> and another, and stealing therein 6 tons of canvas, value 300
<hi rend="italic">l</hi>., and 1 cask and 1,680 lbs. of sugar, value 60
<hi rend="italic">l</hi>., their property; Second count, Feloniously receiving the same.</rs> </p>
<hi rend="smallCaps">MR. METCALFE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18611216-name-63" type="witnessName">
<interp inst="t18611216-name-63" type="gender" value="male"/>
<interp inst="t18611216-name-63" type="surname" value="INNES"/>
<interp inst="t18611216-name-63" type="given" value="JOHN"/>JOHN INNES</persName> </hi>. I am in partnership with my brother, James Innes, carrying on business at 210, High Street, Wapping, as warehouse-keepers—on the 1st November I went into the warehouse in Cinnamon-street, Wapping—I found that a window on the first floor, about sixteen feet from the ground, had been opened—I found marks on the window-sill as if ropes had cut into it—there was the mark of a rope clearly as if something had been lowered—I also found ropes on the floor with running nooses in them—I found an empty hogshead on the floor which had previously been filled with sugar—I cannot say how shortly before I had seen it—I do not examine all the packages, they are so numerous—it ought to have contained sugar—I found the wrappers of three bales of canvas on the top floor—I missed six bales of canvas—nearly all the ropes which had bound the bales were left on the floor—the ropes that were made into the nooses were a portion of them—with those ropes they could lower those bales out of the window into a court below quite easily, they were just the length to reach to the ground—the weight of the canvas I missed was about six tons, and the sugar about fifteen cwt.—the value of the canvas was I believe from 200
<hi rend="italic">l</hi>. to 225
<hi rend="italic">l</hi>., and the sugar about 30
<hi rend="italic">l</hi>.—I drew the attention of the police to this matter—I have since seen the canvas produced to me by Stimson, and this is a part of it (
<hi rend="italic">produced</hi>)—they are all marked, and correspond exactly with the way in which my canvas was marked—it does not belong to us—we are merely warehouse-keepers—it corresponds exactly in every respect with the canvas I missed—the sugar has not been found—I have had between five and six bales of canvas produced to me—some of it has been made up into bags—reckoning what is made up into bags, there is more than five and less than six bales—this roll does not represent a whole bale, only about a twenty-fourth part of one—there are twenty-four of these in each bale—ninety-six rolls have been discovered in their original state—there are a certain number which have had the mark cut off—we have discovered ninety-six of these rolls, and I think twenty-four of these other rolls; they have just been cut open—that is all—I think the canvas came from the manufacturers at Dundee, and the mark that I speak of is their mark, and comes up on the canvas—it is the length and breadth of the canvas.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-64" type="witnessName">
<interp inst="t18611216-name-64" type="gender" value="male"/>
<interp inst="t18611216-name-64" type="surname" value="RYMER"/>
<interp inst="t18611216-name-64" type="given" value="THOMAS HENRT"/>THOMAS HENRT RYMER</persName> </hi>. I am clerk to Messrs. Innes, and live at 3, Portland Villas, Clapham-road—on 24th October I was in the Cinnamon-street warehouse—it was at that time safe—the bales of canvas were in the ware-house and the sugar in the hogshead—I locked the door and kept the key—as far as I am aware of there was no other key to the warehouse—I kept the key till I gave it to Mr. Innes on 1st November—in consequence of what he told me I went to the warehouse, and I then found it in the state that he has represented—the hogshead that he has spoken of as being then empty, I had previously seen filled with sugar—it was apparently full when I was there on 24th October.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-65" type="witnessName">
<interp inst="t18611216-name-65" type="gender" value="male"/>
<interp inst="t18611216-name-65" type="surname" value="LOOKER"/>
<interp inst="t18611216-name-65" type="given" value="JOHN"/>JOHN LOOKER</persName> </hi>. I am a carman, at 3, Eliza-terrace, Limehouse—I do not let vans out, I go with them myself when anybody hires me—on Thursday, 29th October, I saw Mr. Stewart (
<hi rend="italic">Williams</hi>) at half-past 5 in the morning,</p>
<xptr type="pageFacsimile" doc="186112160017"/>
<p>in my stable—I was in my stable doing up my horse—he asked me whether I could do a job for him—I said, "Yes," and I went with him to do the job—he said I was to be at the firm at 6 o'clock—I said I could be there at that time—he jumped into the van and rode with me—he said it was to move some canvas—he did not say why he wanted to move it—I went with him with the van to the firm—I did not know what firm he meant—I did not know which way to go to it without he went with me—he took me to a wood wharf—I backed into a side place, Clement-street, I think—I did not know the name of the place—he went with me to show me—I am now speaking of the place where I subsequently took the canvas from—I have been there since with Sergeant Stimson—I know now whose warehouse it is—they tell me it is this gentleman's (
<hi rend="italic">Mr. Innes</hi>)—it is in innamon-street—Stewart jumped out there, and a man came out who I thought was the foreman—he said he was the foreman—he said, "You are all behind"—I said, "No, I am here at 6 o'clock"—he then showed me where to back the van in—I stood at my horses's head—there was not room for me to get either one side or the other when my van was backed in—they were about five minutes loading it—we packed it in the wood yard, not in the warehouse; it was alongside of it—they loaded me up in about five minutes with this canvas; it was in the shape of these—I had one horse—I should think there was a ton of canvas; nothing else besides canvas—I should know the man who said he was the foreman if I were to see him—I have not seen him since—I then drew the van outside and saw Stewart—he said, "It is going all in your road home, go on"—I went as far as my own house—I did not see Stewart, so I put the nose-bag on my horse and left it in the road, and had my breakfast; and then, not seeing Stewart, I drew it for safety into my brother's yard, and left my little boy to mind it, and took my horse out and went to brick carting—the van stood there one day and a half with the load on it—Stewart came and sent my little boy home, the same morning—I was not there then—I saw no one at all during that day and a half about it—I was told something by the little boy at the end of the day and a half, and I called and saw Stewart, and told him I must have the van—I saw him at my own house; be came—I told him I wanted the van—he said he had not got room at home the place was so full, and asked whether I knew of a shed where he could take it to work up into sacks—I sent him to my brother's who has a blacksmith's shop, and he told him it would take nearly a week or a fortnight to clear it out, or he would let it to him—I did not go with him to my brother then—he asked me if I would allow him to put it on my pig-sties—it was put there by Stewart and the foreman the same morning—Stewart said he had an order for so many sacks; that was the reason he wanted some place to make it up—it remained there that afternoon, andhe took an empty room that I had, and he brought it in and cut it up into bags, and the women came to work the next day for him, and worked it up—the day it was put into the shed was a day and a half after the day I took it from the ware-house—it stood over at my brother's a day and a half, and at 2 o'clock on that day they unloaded it in front of my shed, in the road, and on the same evening put it from the shed into the room—Stewart and his man did that, and on 31st the women began to work it up into bags—there, was also a little man there; I do not know who he was—I have never seen him since—I do not see him now—I saw ne'er a one of these men there besides Stewart—I have seen Hart at my place at work with the bags, folding them up—I first saw him there the next day, I think; at the some time the women came; I mean the day after it was put into the room—he came with the</p>
<xptr type="pageFacsimile" doc="186112160018"/>
<p>women, and he came that same night to help carry them out of the shed into my room with Mr. Stewart—he used to come now and then, according as Stewart ordered him to do anything—I was not always at home, and cannot say how often he was there—I think this went on about a week before the police came—I dare say Hart might have been there four or five or six times during that week—I saw Stewart there pretty well every day.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ORRIDGE</hi> (
<hi rend="italic">for Hart</hi>).
<hi rend="italic">Q.</hi> You say Stewart directed the women, and I suppose, as far as you saw, he directed Hart also?
<hi rend="italic">A.</hi> Yes, Hart was employed by Stewart.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">ME. RIBTON</hi> (
<hi rend="italic">for Stewart</hi>).
<hi rend="italic">Q.</hi> Did you think that all this was right and proper?
<hi rend="italic">A.</hi> I did not at last, not for about two days before it was found out—when I was asked to go and fetch the canvas I thought it was all right and correct—I was in the yard just as the clock struck 6—it was not dark then, it was getting daylight—I had known Stewart before—I knew where he lived—I did not go to his house with the van, because it was not my road—he told me to go on towards my own house—I made sure he was behind me—he did not order me to take them to his house—he did not order me to take them to my brother's, or' to my own house—he said he would overtake me, or something of that sort—I left my little boy with the van while I went and had my breakfast—I have never been charged with any offence—I was never charged with stealing some stores on any occasion—there was nothing about a private still found working at my premises; I swear that; there was a suspicion six years ago, but there was no private still in my place—they came, and I asked them to come in and look at the place—I do not know what they came for—the officer asked whether there was such a thing as a private still there, and I said, "Walk in and look"—it had not been removed a short time before his arrival—I swear that—there were two men assisting to load this van—Stewart was one, and the tall man the other—there were three women assisting to make the canvas into sacks while Stewart was there—I do not know whether any of them are here—they were not before the Magistrate; they would not come up—my wife went for them and they would not come—I told the police where they were to be found, and my wife went with the police and showed them—I am sure this occurred on 29th—I never called at Mr. Stewart's house on 29th or 30th—I have never called there for two or three years—I saw him on 29th—I believe that was the day—I am no scholar—I do not know Stewart's cousin (
<hi rend="italic">Raynham Stewart was here called in</hi>)—I do not know that man—I never saw him before in my life—Stewart did not say to me in that man's presence, "I am going out and shall not be long," and ask that man to remain till be came back, nor did we leave together; it is false—I have never called at Stewart's this two years.</p>
<hi rend="italic">Q.</hi> Did you and Stewart return in about an hour; and did you say in that man's presence to Stewart, "What can you do with it, Stewart?"
<hi rend="italic">A.</hi> I never saw that man, so I could not say so in his presence—I first gave information about this, I think, a week afterwards—I first began to think there was something wrong about it on the Friday—the 29th was on the Tuesday—I think I first gave the information on the Monday—on the Friday, Stewart told me he had a bill in his pocket, and he could prove that he had bought it and paid for it—that was in my own house in the presence of my wife, and another lady and her husband—Mrs. Collins was the other lady; she is here—I thought there was something wrong about it, because two gentlemen knocked at my house, and Hart and Stewart were indoors at the time, and when I came to look for them they were gone—in my opinion</p>
<xptr type="pageFacsimile" doc="186112160019"/>
<p>they thought they were two officers come for them—they were not two officers—I did not think they were, but I think Stewart did; and when he came back again at night I asked him if the stuff was all right, and then it was he said, "Yes; and I have got a bill in my pocket to prove I bought and paid for it"—he pulled a piece of paper out of his pocket, whether it was a bill or not I cannot say—I did not ask to look at it—I cannot read or write—I was satisfied about the bill, and that was the reason I did not give information then—the policemen came on the Saturday, and I gave them all the information that I could, on the Monday; I did not see them on the Saturday—I gave the information to Stimson—I saw him at my own house at 8 in the morning—I stopped at home on purpose, as my wife bad told him I would meet him there.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ROBINSON</hi> (
<hi rend="italic">for Evans</hi>).
<hi rend="italic">Q.</hi> You say you believe it was on the 29th; are you quite sure it was on the Tuesday?
<hi rend="italic">A.</hi> I am no scholar—it was on the Tuesday morning that I went to fetch it, but I am not sure of the day of the month.</p>
<hi rend="smallCaps">MR. ORRIDGE</hi>.
<hi rend="italic">Q.</hi> Did Hart assist in making the bags?
<hi rend="italic">A.</hi> No; one morning when I came down he was holding the stuff while his master was cutting it, and the women afterwards made it up.</p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Did you take the constables and show them where you brought the stuff from?
<hi rend="italic">A.</hi> I did; I went with them every where they asked me to go.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-66" type="witnessName">
<interp inst="t18611216-name-66" type="gender" value="male"/>
<interp inst="t18611216-name-66" type="surname" value="PEGLXY"/>
<interp inst="t18611216-name-66" type="given" value="WILLIAM"/>WILLIAM PEGLXY</persName> </hi>. I live at 9, Bird Cage-walk, Hackney-road, and am a line and twine maker—I know Evans—I have been in the habit of buying a great deal of hemp from him—on Thursday, the last day in October, he come to me—I was a-bed when he came, and when I got up he showed me a small bit of canvas as wide as my hand—he said would I oblige him by going up to my shop to know' the value of that canvas—I said I did not mind—we then went together in his horse and cart to Mr. Unite's at Paddington, in St. Alban's-place, Edgeware-road—I went in and saw Mr. Duthoit—Evans was with me—I asked Mr. Duthoit what the canvas was worth that Evans had brought me—after I had ascertained the value from him I and Evans came home together; next morning Evans came to me—he brought the canvas, and asked me if I would let him put it into my warehouse—there was a van load of it—I do not know whose van it was—I did not go and look at the name on it—he asked me to let him put it into my warehouse for a few days—I called off two of my men and told them to go and help the carman to get the canvas in—I was indoors, but I came oat and assisted as well as Evans—we all assisted in taking it in—it remained there a week, till the following Thursday, and then Evans took it away, and I saw no more of it—the canvas was in rolls when it was brought to me, the same as this—I did not notice any mark on it—I said there were seventy or eighty rolls—I should think there was all that; of course I did not count them, and I cannot say—there was a great quantity.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> How long have you known Evans?
<hi rend="italic">A.</hi> Between three and four years—he is a hemp-dresser—he prepares the hemp for as to spin—I have had considerable dealings with him—I have known him also as a particular friend—he was always a very hard-working man—we both worked together journey work—he has always borne a very good character—when he brought the piece of canvas to me, I took it to Mr. Unite—a person of the name of Shepherd came down that same evening in his horse and cart—he was a stout man—he was a person who answered to the name of Shepherd—he came the same evening that</p>
<xptr type="pageFacsimile" doc="186112160020"/>
<p>went up to Unite's—when I speak of Thursday, it was 31st October—Evans told me that that was the gentleman that belonged to the canvas—he was a respectable man—I had never known him before—he appeared to act as the owner of the canvas—I conducted a negociation with Shepherd for the purchase—I told him I could sell fifty bolts, but I should expect a farthing a yard commission for my trouble—I saw Shepherd twice; he was with Evans both times, and on both occasions the goods were treated as Shepherd's—the goods were put into a regular warehouse—I am a rope line and twine maker—I have no shop.</p>
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">JOHN LOOKER</hi>.
<hi rend="italic">Q.</hi> Did you superintend the making up of the bags?
<hi rend="italic">A.</hi> Never; I had my own mason's work to do—I did not give any direction to a person of the name of Mary Donovan—I do not know any of them by name—(
<hi rend="italic">Mary Donovan was here called in</hi>)—that was one of the women at work—I gave no direction to her in the least—she did not put a piece of the canvas up against the window, nor did I take it down and say I did not wish it to be seen.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-67" type="witnessName">
<interp inst="t18611216-name-67" type="gender" value="male"/>
<interp inst="t18611216-name-67" type="surname" value="STIMSON"/>
<interp inst="t18611216-name-67" type="given" value="JOHN"/>JOHN STIMSON</persName> </hi> (
<hi rend="italic">Police-sergeant, K</hi> 21). On 5th November, I went to Stewart's mother's house in Broad-street, Ratcliffe, in company with police-constable Smith—we found Stewart and Hart there—I asked them if they had had any canvas offered, telling them what sort it was, and I produced a sample which I had with me—I have the sample here—I asked if they had any canvas of that description offered; Stewart said no, they had not—I told them that a warehouse at Wapping had been broken into, and nine biles of canvas stolen there from, and they would be offered either in rolls or in bolts—this is what they call a bolt or roll; some people call them one thing and some another—he said no he had not had them brought there; they would not bring them there, they would take it farther a-field—we then left—it is a marine-store dealer's shop; that was the reason I made inquiries—I went to all the marine-store dealers about the neighbourhood—on Friday, 8th November, I was in Roadswell-street, Stepney—I saw Stewart there in a van, and two other men—I do not know who they were; I am not confident—I was then in plain clothes—Stewart looked toward where I was standing, the van was coming towards the right, and he made a signal to the man driving to go the other way, towards the left—I was coming over a bridge, one of the turnings inclined to the right, and the other to the left—I then commenced watching about there, and afterwards went to No. 3, Roadswell-road, that is Looker's—I did not see any more of Stewart then, he went away—I went to Looker's house the next morning—I there found 24 bolts of canvas and 165 large sacks, and 400 small sacks—I produce one of each, all the bolts had the marks removed from them—Luker gave me information; he showed me where he had taken the van to, and the timber yard where he had backed the van in—it was just underneath the window that had been broken open in Mr. lnnes' warehouse; he gave me every information and every facility—on Saturday, the 16th, I went to Evans, 7, Green street, Bethual-green—I saw him—he is a hemp dresser and dealer—he had some hemp in his shed—I went to him as a hemp dresser; he did not know who I was—I asked him if he had had any canvas offered him for sale—he said no, he had not—I said, "Is your name Evans?"—he said, "Yes"—I said, "Are you quite sure you have had none offered, or have you been offering any?"—he said, no, he had not—I then took him to the witness Pegley's, in Bird-cage-walk—I then said, "Step inside"—I put him in first, and the first words he said were "Did I bring any canvas here"—(I had previously asked him if he had taken any there and he said he had not)—Pegley</p>
<xptr type="pageFacsimile" doc="186112160021"/>
<p>replied, "Evans, you did; why don't you tell this man the whole truth about it?"—he said he did not know anything about it—I then asked him if he had not been with Pegley to Mr. Unite's at Paddington, offering it for sale—he said he had not—I said "You went there in your pony and cart"—he said no, he had not—I then took him to the station, and there he denied it again, and said he knew nothing about it—on the Monday following, when he went over to the police court, he said he wished he had told the whole truth about it; that a man of the name of Shepherd had brought it to him, and he had taken it to Pegley's.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> I believe when he was denying it and telling what was clearly a lie, Pegley said to him, "Why don't you tell the whole truth, no harm can come to you?"
<hi rend="italic">A.</hi> Yes; he did—in spite of that he went on stating that he had nothing to do with the canvas—he was crying the next day.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-68" type="witnessName">
<interp inst="t18611216-name-68" type="gender" value="female"/>
<interp inst="t18611216-name-68" type="surname" value="LOOKER"/>
<interp inst="t18611216-name-68" type="given" value="REBECCA"/>REBECCA LOOKER</persName> </hi>. I am the wife of John Looker—I know Stewart—on 30th October, be came to my house and asked me if I would let him a room—I said, "Yes"—I asked him what it was for—he said he had bought a quantity of canvas and wanted it worked up into bags; if I would let him a room at half-a-crown a week he would pay me—I let him the room—the canvas was brought from the pig-sty into that room the previons night, and the next morning I saw Stewart and Hart at half-past 5—one woman came that day, and the next morning three women—Stewart and Hart worked with them—I did not know what the stuff was, but they were making it up into bage.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ORRIDGE</hi>.
<hi rend="italic">Q.</hi> Hart worked in the room with the women, did he?
<hi rend="italic">A.</hi> Occasionally; not with the women, he assisted Mr. Stewart in cutting up for the women—the women did the sewing part, making the bags—I do not know who the women are—I know one, by a gentleman sending two policemen with me down a court, and I pointed two of the women out to one of the officers—they were quite strangers to me, and so was Hart, I never saw him before—I had known Stewart before—they all came to work at the canvas.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> Was it on Wednesday that you saw Stewart for the first time?
<hi rend="italic">A.</hi> Wednesday evening—he came after I came home from my day's work—I saw nothing of them on the Tuesday—I did not see my husband go out on Tuesday morning—he went out at half-past 5—he got up very early, he always does; I cannot tell what time—it was not earlier than 4—I cannot tell you whether it was 5, I do not know—it was not in the middle if the night—I did not see Stewart the remainder of Tuesday—I first saw him on the Wednesday evening after I came home from my milk walk—I first saw my husband on Tuesday at breakfast—no, he had had breakfast before I got home—I do not remember whether he was in the house when I arrived at home—I did not see him till dinner time—he told me that he had put the van into his brother's yard, for he wanted the horse to go to work with—I do not know whether he was out that afternoon—I attended to my milk business all the afternoon—I am out all the afternoon—I never-knew there to be a private still at work at our place in my life—I do not know what such a thing is—there was a gentleman came; I do not know whether he was an excise officer or what, but he came and examined two empty rooms that my lodgers had left—I had no water on for eight years, so there could be no still; whether he searched or not I cannot say.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-69" type="witnessName">
<interp inst="t18611216-name-69" type="gender" value="male"/>
<interp inst="t18611216-name-69" type="surname" value="LOOKER"/>
<interp inst="t18611216-name-69" type="given" value="WILLIAM"/>WILLIAM LOOKER</persName> </hi>. I live at 13, Brighton-terrace, Roadswell-road, and</p>
<xptr type="pageFacsimile" doc="186112160022"/>
<p>am brother of John Looker—I am a smith and boiler maker—on a Tuesday I saw the van in my yard, but I did not take notice of the day of the month—it was not my brother's van—the name of Price was on the van—canvas was in the van, in rolls, from what I could see of it—I did not take a deal of notice of it—I saw Stewart that same day—I never knew him before—I was a bed at the time—it was between 10 and 11 in the morning; I was not very well—my little boy came in and said something to me—Stewart came to my place with my brother, who said he had been drawing a load of goods for this gentleman, and had only put it into the yard till 4 o'clock—I asked him what business he had to put it in the yard without my consent—he laid he thought he could take the liberty of putting it in, and Stewart and he went away together—Stewart did not say anything about it then—I saw him the next afternoon—he wanted a place to put some canvas; it was gone out of my premises then—he wanted me to let him my shed—I told him I would, but could not do so for a week or fort-night—I have got a smith's shop, and also let a place out where carts stand—he then went away—the van had been taken away before that—on the following Monday evening I saw him again—he then asked me whether I could let him a room, as I had got two rooms to let—he said he wanted it' to put the canvas in just for a month or six weeks, or two months; he would pay me a month's deposit—I had two rooms, but I told him I could not say I could let him the room; I would converse with my wife upon it, and let him know—I did not let it—my wife said she was going to make a best room of the upstairs room, and a bed-room of the back room.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> Was any one present when this con
<lb/>versation took place?
<hi rend="italic">A.</hi> Yes; but no one who is here—there was a woman of the name of Wiggins, a beer-shop keeper—she is not here—I suppose she heard this conversation.</p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Which conversation?
<hi rend="italic">A.</hi> Regarding Stewart's ask
<lb/>ing me for the room—that was on the Monday.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-70" type="witnessName">
<interp inst="t18611216-name-70" type="gender" value="male"/>
<interp inst="t18611216-name-70" type="surname" value="SMITH"/>
<interp inst="t18611216-name-70" type="given" value="ROBERT"/>ROBERT SMITH</persName> </hi> (
<hi rend="italic">Policeman, K</hi> 253). On Sunday afternoon, 17th Novem
<lb/>ber, I was passing the cell in the police-station where Evans was—he asked me what it was a clock—I told him it was about 3, he commenced crying—and said, "I wish I had told you the truth, as Pegley did; I should not have been here any more than he has"—he said, "I will tell you the truth, and where it was"—he told me that he carted the ninety-six rolls of canvas from Pegley's, in Bird-cage-walk, to Ernest-street, White Horse-lane, Stepney, where he put it into a shed—he said that a man of the name of Shepherd had brought two loads to his house in Green-street; he housed one, and one he took to Pegley's, and that was the one he took to a man named Appleton, in Ernest-street—he said he housed one in his own place, and a man he called
<hi rend="italic">Little Jemmy</hi> had taken that away, a few rolls at a time, in a pony and cart—I do not know who
<hi rend="italic">Little Jemmy</hi> is—I then went with Stimson to Ernest-street, and knocked at Appleton's door—I saw a shed there, with a lock on it, and through a crevice, against the shed, I saw one of the rolls of canvas—I drew the staple, and found the canvas; ninety-six rolls of this description; this is one of the rolls—we took possession of them, and they are part of what has been produced to-day.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> When was the first examination before the Magistrate?
<hi rend="italic">A.</hi> Stewart was first examined—he had been examined at that time—Evans was examined on the 18th, I think, the day after this conversation—he appeared to be in great distress at the time, and considerably excited.</p>
<xptr type="pageFacsimile" doc="186112160023"/>
<hi rend="smallCaps">
<persName id="t18611216-name-71" type="witnessName">
<interp inst="t18611216-name-71" type="gender" value="male"/>
<interp inst="t18611216-name-71" type="surname" value="APPLETON"/>
<interp inst="t18611216-name-71" type="given" value="JOHN"/>JOHN APPLETON</persName> </hi>. I live at 1, Ernest street, Stepney, and am a rope and twine maker—I have known Evans for some time—the constable took away a qnantity of canvas from the shed at my place—Evans brought it there—I do not know when—it was about from the 1st to the 9th or 10th Nove
<lb/>mber; on one of the days between the 1st and the 9th; I cannot say which—I did not see Shepherd at all at my place—I saw him and another man in a public-house, and had some conver-sation—that was before the stuff came to my place—I have never, to my knowledge, seen the person that was with Shepherd with Evans—I went to Evans' house, and had some conversation with him about the canvas—I asked him how Shepherd came to know where I lived—this was after the constable had been; after I had heard the evidence at the Thames-police—he said that Shepherd told him that he had taken the shed of me, and they brought the canvas there.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> Had you been in the habit of seeing Shepherd before this?
<hi rend="italic">A.</hi> Once or twice—he was a very decent-looking person—I am not well known about the neighbourhood where I saw them—I saw him at the public-house—Evans did not say that he had not told Shepherd to hire my place; he never said anything of the kind to me—he said that Shepherd had told him he had got my address elsewhere—he said, "Shepherd told me he had taken the place of you, and we took the canvas there"—I do not recollect his saying that Shepherd had told him that he had learnt from somebody else about my shed.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-72" type="witnessName">
<interp inst="t18611216-name-72" type="gender" value="male"/>
<interp inst="t18611216-name-72" type="surname" value="STRICKITT"/>
<interp inst="t18611216-name-72" type="given" value="MARK"/>MARK STRICKITT</persName> </hi>. I live at Blundell-street, Caledonian-road, and am a rope maker—on 3d November, Evans and his wife came to me in a pony cart—Evans showed me a sample of sacking; I call it canvas; it was this sort of canvas—he said he had some to sell for a party, and offered it to me at 3 1/2
<hi rend="italic">d</hi>. a yard—I did not buy it—it was Sunday morning—he did not say where he had it, or who the party was.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ROBINSON</hi>.
<hi rend="italic">Q.</hi> He mentioned no name?
<hi rend="italic">A.</hi> No.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-73" type="witnessName">
<interp inst="t18611216-name-73" type="gender" value="male"/>
<interp inst="t18611216-name-73" type="surname" value="INNES"/>
<interp inst="t18611216-name-73" type="given" value="JOHN"/>JOHN INNES</persName> </hi> (
<hi rend="italic">re-examined</hi>). There would be three or four van loads of the property I lost—I identify that which came from Appleton's.</p>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> I understand the quantity found at this place is much less than what you lost?
<hi rend="italic">A.</hi> Yes—we know it by the marks of the length and breadth-others might have exactly the same—we lost a quantity of sugar also—I was at the warehouse on 1st November; not on the 30th or 31st—it was not open.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> There is not a great quantity missing, is there?
<hi rend="italic">A.</hi> There are missing, I suppose, about seventy or eighty more rolls—I do not know the value of this a yard; I believe about 4
<hi rend="italic">d</hi>. or 4 1/2
<hi rend="italic">d</hi>.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-74" type="witnessName">
<interp inst="t18611216-name-74" type="gender" value="female"/>
<interp inst="t18611216-name-74" type="surname" value="COLLINS"/>
<interp inst="t18611216-name-74" type="given" value="CATHERINE"/>CATHERINE COLLINS</persName> </hi>. I am a married woman—my husband lives at 18, St Phillips'-terrace, St. Dunstan's-road, Stepney—I was present at Mr. Looker's one Thursday evening—I saw Stewart come in that evening—I was there for a little while—I forget the month—it was about six weeks ago I should think, I did not take particular notice—I heard him say that the goods were bought and paid for, and he had got the receipt in his pocket to prove it—I did not hear what was said in answer to it—I only heard thnee words.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> What time was it?
<hi rend="italic">A.</hi> I should think about 9 o'clock in the evening—my husband was with me at the time—Mrs. Looker was also present, and Mr. Stewart—they were the only four in the room—Mr. Looker was not there—my husband is not here—I was not examined before the Magistrate—it was not in answer to any questions 1 heard that he made that remark—I am no relation of Mr. Looker, nor of</p>
<xptr type="pageFacsimile" doc="186112160024"/>
<p>Mrs. Looker—I am not particularly a friend of theirs, nor in the habit of visiting them very often; perhaps once in a mouth or two, or it may be more than that—I have known them about two years—my husband is a permanent man at St. Katharine's docks—he goes round to Looker's at times, because he keeps pigs the same as Mr. Looker, and he goes round to get stuff for them—my husband does not keep a van—he was at Mr. Looker's perhaps about once a week or once a fortnight, just calling when passing—I merely called in that evening to see how Mrs. Looker and her family were, as I passed—I and my husband called in.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">WILLIAM PEGLEY</hi>.
<hi rend="italic">Q.</hi> What day was it that you went with Evans to Unite's and showed them the sample?
<hi rend="italic">A.</hi> On Thursday, the 31st—I asked 4
<hi rend="italic">d</hi>. a yard for it, and he said, "Well, then, they want too much for it, Pegley; duty has risen lately; sometime ago we could buy it for 3
<hi rend="italic">d</hi>., but I believe that we could buy it in Scotland for 3
<hi rend="italic">d</hi>., but stop a minute, I will go and look in the book," and he went and looked in the book and said, "Six weeks ago we were buying it at 3
<hi rend="italic">d</hi>."—he said he would take fifty bales of me at threepence a yard if I could get anything out of it"—I told Evans, and then Evans brought Shepherd down to me in the evening.</p>
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">called the following witnesses.</hi> </p>
<hi rend="smallCaps">
<persName id="t18611216-name-75" type="witnessName">
<interp inst="t18611216-name-75" type="gender" value="male"/>
<interp inst="t18611216-name-75" type="surname" value="STEWART"/>
<interp inst="t18611216-name-75" type="given" value="WILLIAM"/>WILLIAM STEWART</persName> </hi>. I live at 145, Rotherhithe-street, and am a labourer in the employment of Mr. Mullens of Old Gravel-lane—I recollect the 28th October—it was my birthday—I saw my brother, the prisoner, on that day—he came to tea and supper with me—he came just before 6—it might have been 6—I have been in the habit of celebrating that anniversary—I keep that day not every year, but sometimes—I did it on this occasion—my cousin, Rayuham Stewart, came with him, and remained till about half-past 11—my cousin left—the prisoner did not leave, he remained till about 9 in the morning—he had had a little drop to drink the same as we had—I proposed he should sleep there, and made him up a bed and he slept there—I saw him go to bed—I got up next morning about 6 or a little before; it might be a quarter to 6—he slept in the next room to me—I saw him before he left—I went into his room and had some conversation with him—I saw him in bed, and left him in bed—I returned to my breakfast at 8 o'clock, and he was there then—he breakfasted with me—I do not know when he left—I left him there at half-past 8 o'clock.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> How old are you?
<hi rend="italic">A.</hi> Thirty—I have no register of my brother's birth—I, my wife, my cousin, and my brother, the prisoner, were keeping my birthday, no one else—we waited on ourselves—we don't keep servants—my income won't allow us—we fetched the beer ourselves; at least, I brought the most part of it from Mr. Fowler's, the Noah's Ark—I do not keep my birthday every year—this was not an accident; it was because it completed the ten years—I kept it once when I was twenty, and not since—we might have had a drop the day I was twenty-nine, but no friends at all, no such meeting as this—there were only four of us—I did not speak to Stimson, the constable, at any time that I am aware of—I saw him at my mother's house in Broad-street—I cannot state the date of that—I dare say it might be three weeks back—my brother was not there at that time, he was in prison—I never recollect seeing the man before my brother was locked up this time—I told him that I had not seen my brother for a long time, and I can prove it—I told the constable about three weeks back, when he came into my mother's house, that I had not seen my brother for about three months—that was true—I can prove it to be true—you are putting questions to me that I really cannot answer—he asked me if I had seen my brother to-day—I had been at the House of</p>
<xptr type="pageFacsimile" doc="186112160025"/>
<p>Detention to see him—I said I had not spoken to him for months before; that was true—he was at my place on the birthday and I spoke to him—I never said that I bad not seen my brother for three months—the constable came into the shop and asked me if I had seen my brother that day—I said, "Yes"—he said. "What did he have to say?"—I said, "Nothing much."</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> What did you mean by saying just now that you told the, constable you had not seen your brother for three months?
<hi rend="italic">A.</hi> I said I had not spoken to him for several months before.</p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Then you did not speak to him on the birthday?
<hi rend="italic">A.</hi> That was since—not since he was locked up, but before—I said I had not spoken to him for several months before this transaction that he stands charged with—I did not tell the constable that he was at my house on the birthday, and that I had spoken to him then; I had no occasion to do it—I told him when he came into my mother's house that I had not spoken to him—I can prove that was true—I told him that I had nothing to do with my brother, that I did not speak to him—I knew then that he was inquiring about this matter, but I was not going to tell him all I knew—I did not say anything about the birthday—I did not go before the Magistrate and tell him of it—my brother was three times before the Magistrate—I believe I was there twice—I did not say anything about the matter there—I was never asked such a thing—I could not have got him out if I had stated it.</p>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> Where was it that this took place between you and the constable?
<hi rend="italic">A.</hi> In my mother's shop—I do not know the date—I suppose it is about three weeks ago—he and another came in private clothes—they were talking to my mother, and she called me out—he said to me, "Have you seen your brother to-day?" I said, "Yes"—he said, "What did he have to say?" I said, "Nothing much"—that was all, and then I walked inside again—it was the same evening that I told the consatab'e that I had not seen my brother or spoken to him for several months—it was not exactly at the same time—it was a few minutes afterwards—I came into the shop again, and had a second conversation with him—my mother got talking about one thing, and I said to him, "I have not spoken to my brother for weeks and for months"—I know it was not true that I had not spoken to my brother for months.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> But you have said several times that it wan true, are you still quite sure that you saw him at your house on your birthday?
<hi rend="italic">A.</hi> He was at my house, and he slept at my house in the way I have described.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-76" type="witnessName">
<interp inst="t18611216-name-76" type="gender" value="male"/>
<interp inst="t18611216-name-76" type="surname" value="STEWART"/>
<interp inst="t18611216-name-76" type="given" value="RAYNHAM"/>RAYNHAM STEWART</persName> </hi>. I live at 5, Clarence-street, Waterloo-town, Bethnal
<lb/>green—I am a traveller, in the employ of Higley and Co., bottle merchants—I remember the 28th October—it was the birthday of my cousin, the last witness, William Stewart—I was invited to go to his house—the prisoner John Stewart, accompanied me—we got there about 6, and left about half-past, 11, and I left the prisoner behind me—I did not bear any conversation about his sleeping there—I went straight home from there—I saw him again the next day, Tuesday, the 29th, about half-past 10 o'clock, at his mother's house, 95, Broad-street, Ratcliflf—I know the witness John Looker—I was in the parlour that day and saw a person—I did not know his name but I could recognise him—I was afterwards told his name—his name was John Looker (
<hi rend="italic">looking at him</hi>), that is the person—he came in and asked my cousin to go and look at some canvas—my cousin said, "I will see, and I will let you know"—and he came in to me and said, "I must leave you"—he went away with Looker—I remained till he came back—he told me to do so—he was away about an hour, and they came back together—I heard</p>
<xptr type="pageFacsimile" doc="186112160026"/>
<p>Looker say to my cousin, "Well, can you do anything with it?"—my cousin said, "Well, I don't know"—Looker said, "Do you think you can get it made up into bags for me?" my cousin said, "I don't know, but I will let you know in a day or two's time"—and that was all I heard pass between them—I left about one o'clock, or a little after—I saw Looker go out of the house before me—I left at 1 o'clock—my book will prove where I was on the Friday—it shows the day I worked at Ratcliff—I worked at journey work—this is my order book (
<hi rend="italic">produced</hi>).</p>
<hi rend="italic">Cross-examined. Q.</hi> What do you say about the Friday?
<hi rend="italic">A.</hi> That was the day I was asked to go to my cousin's house to supper—it was the Friday previous to the 28th, which was on the Monday—I walked to the prisoner's house at half-past 5, on the Monday, and went with him to my cousin's house—the prisoner supped with us—my order book will show that I was at work in Ratcliffe—the conversation that I have spoken of took place at the Marine store dealers, my aunt's house; she was out at the time, and so was my other cousin, and there was only the prisoner and myself in the shop; by my aunt, I mean the mother of the prisoner—I believe William Stewart lives there—it was on the Tuesday morning, the day after the birth
<lb/>day, that I saw Looker there—I do not know whether John lives there—I went to inquire how he was, and found he was there—Alfred, a younger brother, lives with his mother also—I do not know whether the prisoner lives there—I went there about half-past 10, on the Tuesday, and I had not been in the parlour long before Looker came in—my cousin was in the shop when I went in, and I said to him," John, how are you after last night?"—he said, "Nicely, thank you"—and I went into the parlour which adjoins the shop—I only called as I passed to see how he was—I had left him in a state of intoxication over night—I did not know that he lived there—I had not seen my cousin for a term of nearly twenty years, and I had only found him out the day before, by soliciting orders—I took an order of my very aunt, and that was how I found she was my aunt, and that he was my cousin—I do not know whether his brother and he had not been on good terms—I had not seen John Stewart before the day I took the order of my aunt—I have not seen William Stewart's wife here—she was present at the supper.</p>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> Was it on the Friday that you were invited to go and spend the evening on the Monday?
<hi rend="italic">A.</hi> It was—it was the prisoner, John Stewart, that asked me to go—I had accidentally found out where his mother lived the day before, the Friday, by calling to solicit orders for coals, as the saying is, and I found out that she was my aunt—I had never seen her before e in my life—when I asked her for an order she gave her name to me, and I told her mine, and then I understood she was my aunt, by making inquiries the same evening when I went home—it was the next day, Friday, that I saw the prisoner at his mother's house; having found that she was my aunt I went again, and then saw him there, and then it was he asked me to go to his brother's on the Monday—I left him on the Monday, having drunk a little too much, and I called at my aunt's to know how he was—I did not know where else to go to inquire for him—I had not seen him for twenty years before.</p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> What is your age?
<hi rend="italic">A.</hi> Twenty.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> How old is the prisoner?
<hi rend="italic">A.</hi> I am told he is twenty-eight—I had never seen him until the Thursday when I called at my aunt's—his father is dead—I did not know the prisoner's brother till I went there on the Monday—I did not find out that she was my aunt until I got home on the Thursday night, and then I called next day, and then it was I saw the</p>
<xptr type="pageFacsimile" doc="186112160027"/>
<p>prisoner there—I had taken his brother Alfred home with me the same night that I found my aunt out—Alfred was there on the Thursday when I went in, and I took him home on the Monday—I am quite sure they are my cousins, because I have my aunt's certificate at home to prove it—I live with my parents—the prisoner's father was my father's brother—my father had never told me about these relations—I had heard him speak of his brother John being dead, that was the prisoner's father—he has been dead for some years—we never had any family talk about it—my parents are generally a bed when I go home, and I am generally out before they get up.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-77" type="witnessName">
<interp inst="t18611216-name-77" type="gender" value="female"/>
<interp inst="t18611216-name-77" type="surname" value="DONOVAN"/>
<interp inst="t18611216-name-77" type="given" value="MARY"/>MARY DONOVAN</persName> </hi>. I know the prisoner, John Stewart—I recollect going to his house some time in October—I suppose it was five or six weeks ago—I went to look for some work—it was on a Friday—he told me he had none at present; but he knew where I could get a week or two's work—I thanked him, and he said, "If you go anywhere near Bow-common, ask for Mr. Looker's place, and you may get a week or two's work there"—I went the following morning, about half-past 6 o'clock, and got employment there—there were some bags in the room—I saw Mr. Looker's eldest boy, and after some time I saw Mr. Looker himself, and they set me and the other young women to cut bags according to a pattern sack that was there—some time after Mr. Stewart and Mr. Looker both came into the room—Stewart said he thought the bags were not saleable—Looker went down and brought in a rule and measured the bags, and said, "Will they do?"—Stewart said, "I don't know"—I said, "If they are to be made like that we must hem the tops"—we made the bags according to that, and then Stewart said, "If there were some of the small ones we might get a sale of them better than the large ones," so we made some small and some large; but I have not got paid for either—it was Mr. Looker's son who opened the door when I went there, and pointed where I was to go—nothing was said to me about how the sacks came there—Mr. Looker told us to make them as exact as we we could—on the Monday he came in with a small piece, which he gave a young woman next to me—it was on the Saturday that I went there—I worked there all day Saturday—it was not on the Saturday that I saw Stewart and Looker there; it was on the Monday—oh, yes, it was on the Saturday, I made a mistake—there was a piece of canvas put in the window where there was a broken pane, and Looker said, "Take that piece of stuff away," and the girl went and brought a piece of cotton bed-curtain, and fastened it up with a fork at each end—he said he did not want the stuff to be seen—we were supplied with twine to work the sacks—Looker was in and out while we were at work, and his wife and daughter too—he gave us some oil and candle to work with at night—we worked till 9 o'clock—the girl brought in the light.</p>
<hi rend="italic">Cross-examined. Q.</hi> How often did you see Stewart there?
<hi rend="italic">A.</hi> I saw him on the Saturday and on the Thursday—he was there pretty late on the Thursday—I cannot call to mind whether he was there on the Monday or Tuesday—I saw him there several times—I saw Hart there on the Thursday not on the Saturday—he came into the room and began to fold the bags—I only saw him there that day, and I showed him how to fold them—I am in the habit of working at marine warehouses, and have been for the last twelve years—that was why I called at Stewart's—he was not at this place when I went there on the Saturday—it was a good bit after breakfast that he came in—there were two other women employed there—I know them—they would have come here, but they are in great trouble in consequence of their brother being drowned last Wednesday—I was at Arbour-square, but</p>
<xptr type="pageFacsimile" doc="186112160028"/>
<p>was not called on to say anything—I did not tell the constable that I was employed by Stewart—I told him that Stewart had directed me there to work—I did not tell the constable that I would not come up unless I was well paid for it—I said I could not waste my time, I had to go to work; and he said, "You are going the wrong way to get paid"—I did not hear of the police coming to the place on the Thursday—it was 9 o'clock on Thursday night when I left—the other young women left with me—Stewart and Hart did not leave with us—when we went on the Friday Mrs. Looker said that the officers had been—we did not work any more after that.</p>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> Was it on the Friday that you first knew of the police having been there?
<hi rend="italic">A.</hi> Yes—I went on the Saturday night and saw Mrs. Looker—she sent oat for a pot of beer and gave it to each of us—she said if the stuff was cut too long she would burn the strips—we did not remain there on the Saturday—I was at work five days altogether.</p>
<hi rend="italic">Evans received a good character.</hi> </p>
<hi rend="largeCaps">HART</hi>
<hi rend="smallCaps">
<rs id="t18611216-97-verdict-1" type="verdictDescription">
<interp inst="t18611216-97-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18611216-97-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<hi rend="largeCaps">STEWART</hi>
<hi rend="smallCaps">
<rs id="t18611216-97-verdict-2" type="verdictDescription">
<interp inst="t18611216-97-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18611216-97-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">on Second Count.—
<rs id="t18611216-97-punishment-9" type="punishmentDescription">
<interp inst="t18611216-97-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18611216-97-punishment-9" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-97-18611216 t18611216-97-punishment-9"/>Confined Eighteen Months</rs>.</hi> </p>
<hi rend="largeCaps">EVANS</hi>
<hi rend="smallCaps">
<rs id="t18611216-97-verdict-3" type="verdictDescription">
<interp inst="t18611216-97-verdict-3" type="verdictCategory" value="guilty"/>
<interp inst="t18611216-97-verdict-3" type="verdictSubcategory" value="withRecommendation"/>GUILTY</rs> </hi>
<hi rend="italic">on the Second Count.—
<rs id="t18611216-97-punishment-10" type="punishmentDescription">
<interp inst="t18611216-97-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18611216-97-punishment-10" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-97-18611216 t18611216-97-punishment-10"/>Confined Nine Months</rs>.</hi> </p>
<hi rend="italic">Recommended to mercy on account of his good character.</hi> </p> </div1>
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<interp inst="t18611216-98" type="uri" value="sessionsPapers/18611216"/>
<interp inst="t18611216-98" type="date" value="18611216"/>
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<persName id="def1-98-18611216" type="defendantName">
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<interp inst="def1-98-18611216" type="surname" value="MORHANGE"/>
<interp inst="def1-98-18611216" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES MORHANGE</hi> (24)</persName>
<rs id="t18611216-98-offence-1" type="offenceDescription">
<interp inst="t18611216-98-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18611216-98-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, Stealing, on
<rs id="t18611216-cd-1" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18611216-98-offence-1 t18611216-cd-1"/>1st July</rs>, 100 opera glasses; on
<rs id="t18611216-cd-2" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18611216-98-offence-1 t18611216-cd-2"/>13th September</rs> 400 opera-glasses, 2 harmoniums, 1 telescope, 1 barometer, 6 stereoscopes, 1 case of mathematical instruments, and 6 figures; and, on
<rs id="t18611216-cd-3" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18611216-98-offence-1 t18611216-cd-3"/>19th October</rs>, 600 opera-glasses and 100 marine-glasses, the property of
<persName id="t18611216-name-79" type="victimName">
<interp inst="t18611216-name-79" type="gender" value="male"/>
<interp inst="t18611216-name-79" type="surname" value="WEIL"/>
<interp inst="t18611216-name-79" type="given" value="LEOPOLD"/>
<join result="offenceVictim" targOrder="Y" targets="t18611216-98-offence-1 t18611216-name-79"/>Leopold Weil</persName>, his master; to all of which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18611216-98-verdict-1" type="verdictDescription">
<interp inst="t18611216-98-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611216-98-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">Recommended to mercy by the prosecutor.—
<rs id="t18611216-98-punishment-11" type="punishmentDescription">
<interp inst="t18611216-98-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18611216-98-punishment-11" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-98-18611216 t18611216-98-punishment-11"/>Confined Twelve Months</rs>.</hi> </p> </div1>
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<interp inst="t18611216-99" type="uri" value="sessionsPapers/18611216"/>
<interp inst="t18611216-99" type="date" value="18611216"/>
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<persName id="def1-99-18611216" type="defendantName">
<interp inst="def1-99-18611216" type="gender" value="female"/>
<interp inst="def1-99-18611216" type="age" value="24"/>
<interp inst="def1-99-18611216" type="surname" value="RUSH"/>
<interp inst="def1-99-18611216" type="given" value="ELIZABETH"/>
<hi rend="largeCaps">ELIZABETH RUSH</hi> (24)</persName>
<rs id="t18611216-99-offence-1" type="offenceDescription">
<interp inst="t18611216-99-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18611216-99-offence-1" type="offenceSubcategory" value="forgery"/>, Feloniously forging and uttering an order for the payment of 5
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. with intent to defraud, having been before convicted in 1859; to which she</rs> </p>
<hi rend="smallCaps">
<rs id="t18611216-99-verdict-1" type="verdictDescription">
<interp inst="t18611216-99-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611216-99-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18611216-99-punishment-12" type="punishmentDescription">
<interp inst="t18611216-99-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18611216-99-punishment-12" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-99-18611216 t18611216-99-punishment-12"/>Confined Twelve Months</rs>.</hi> </p> </div1>
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<interp inst="t18611216-100" type="uri" value="sessionsPapers/18611216"/>
<interp inst="t18611216-100" type="date" value="18611216"/>
<join result="criminalCharge" id="t18611216-100-charge-1" targOrder="Y" targets="def1-100-18611216 t18611216-100-offence-1 t18611216-100-verdict-1"/>
<persName id="def1-100-18611216" type="defendantName">
<interp inst="def1-100-18611216" type="gender" value="male"/>
<interp inst="def1-100-18611216" type="age" value="26"/>
<interp inst="def1-100-18611216" type="surname" value="BERRETT"/>
<interp inst="def1-100-18611216" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES BERRETT</hi> (26)</persName>
<rs id="t18611216-100-offence-1" type="offenceDescription">
<interp inst="t18611216-100-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18611216-100-offence-1" type="offenceSubcategory" value="forgery"/>, Feloniously forging and uttering a request, for the delivery of 10 dozen hat and coat rails, and 2 dozen dining-table fastenings;
<hi rend="italic">also</hi>, a request for the delivery of 3 dozen dining-table holders, and 4 sets of castors;
<hi rend="italic">also</hi>, a request for the delivery of 2 sets of brass castors, with inten to defraud, he having been before convicted; to all which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18611216-100-verdict-1" type="verdictDescription">
<interp inst="t18611216-100-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611216-100-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.**—
<hi rend="italic">
<rs id="t18611216-100-punishment-13" type="punishmentDescription">
<interp inst="t18611216-100-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18611216-100-punishment-13" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-100-18611216 t18611216-100-punishment-13"/>Six Years' Penal Servitude.</rs> </hi> </p> </div1>
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<interp inst="t18611216-101" type="date" value="18611216"/>
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<persName id="def1-101-18611216" type="defendantName">
<interp inst="def1-101-18611216" type="gender" value="male"/>
<interp inst="def1-101-18611216" type="age" value="30"/>
<interp inst="def1-101-18611216" type="surname" value="THOMPSON"/>
<interp inst="def1-101-18611216" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM THOMPSON</hi> (30)</persName>
<rs id="t18611216-101-offence-1" type="offenceDescription">
<interp inst="t18611216-101-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18611216-101-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery on Hariette Spry, and stealing from her person 1 umbrella, and 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. the property of
<persName id="t18611216-name-83" type="victimName">
<interp inst="t18611216-name-83" type="gender" value="male"/>
<interp inst="t18611216-name-83" type="surname" value="SPRY"/>
<interp inst="t18611216-name-83" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18611216-101-offence-1 t18611216-name-83"/>George Spry</persName>; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18611216-101-verdict-1" type="verdictDescription">
<interp inst="t18611216-101-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611216-101-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18611216-101-punishment-14" type="punishmentDescription">
<interp inst="t18611216-101-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18611216-101-punishment-14" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-101-18611216 t18611216-101-punishment-14"/>Confined Three Months</rs>.</hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, December</hi> 17
<hi rend="italic">th</hi>, 1861.</p>
<hi rend="largeCaps">PRESENT</hi>—Sir
<persName id="t18611216-name-84" type="judiciaryName">
<interp inst="t18611216-name-84" type="gender" value="male"/>
<interp inst="t18611216-name-84" type="surname" value="MUSGROVE"/>
<interp inst="t18611216-name-84" type="given" value="JOHN"/>
<hi rend="smallCaps">JOHN MUSGROVE</hi> </persName>, Bart Ald.; Sir
<persName id="t18611216-name-85" type="judiciaryName">
<interp inst="t18611216-name-85" type="gender" value="male"/>
<interp inst="t18611216-name-85" type="surname" value="MUGGERIDGE"/>
<interp inst="t18611216-name-85" type="given" value="HENRY"/>
<hi rend="smallCaps">HENRT MUGGERIDGE</hi> </persName>, knt. Ald; Mr. Ald.
<hi rend="smallCaps">CONDER</hi>; and Mr.
<hi rend="smallCaps">COMMON SERJEANT</hi>.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18611216-102">
<interp inst="t18611216-102" type="uri" value="sessionsPapers/18611216"/>
<interp inst="t18611216-102" type="date" value="18611216"/>
<join result="criminalCharge" id="t18611216-102-charge-1" targOrder="Y" targets="def1-102-18611216 t18611216-102-offence-1 t18611216-102-verdict-1"/>
<persName id="def1-102-18611216" type="defendantName">
<interp inst="def1-102-18611216" type="gender" value="female"/>
<interp inst="def1-102-18611216" type="age" value="16"/>
<interp inst="def1-102-18611216" type="surname" value="THOMAS"/>
<interp inst="def1-102-18611216" type="given" value="MARTHA"/>
<hi rend="largeCaps">MARTHA THOMAS</hi> (16)</persName>
<rs id="t18611216-102-offence-1" type="offenceDescription">
<interp inst="t18611216-102-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18611216-102-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin; to which she</rs> </p>
<hi rend="smallCaps">
<rs id="t18611216-102-verdict-1" type="verdictDescription">
<interp inst="t18611216-102-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611216-102-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18611216-102-punishment-15" type="punishmentDescription">
<interp inst="t18611216-102-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18611216-102-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-102-18611216 t18611216-102-punishment-15"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18611216-103">
<interp inst="t18611216-103" type="uri" value="sessionsPapers/18611216"/>
<interp inst="t18611216-103" type="date" value="18611216"/>
<join result="criminalCharge" id="t18611216-103-charge-1" targOrder="Y" targets="def1-103-18611216 t18611216-103-offence-1 t18611216-103-verdict-1"/>
<xptr type="pageFacsimile" doc="186112160029"/>
<persName id="def1-103-18611216" type="defendantName">
<interp inst="def1-103-18611216" type="gender" value="female"/>
<interp inst="def1-103-18611216" type="age" value="24"/>
<interp inst="def1-103-18611216" type="surname" value="THOMPSON"/>
<interp inst="def1-103-18611216" type="given" value="ELLEN"/>
<hi rend="largeCaps">ELLEN THOMPSON</hi> (24)</persName>, was indicted
<rs id="t18611216-103-offence-1" type="offenceDescription">
<interp inst="t18611216-103-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18611216-103-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence; to which she</rs> </p>
<hi rend="smallCaps">
<rs id="t18611216-103-verdict-1" type="verdictDescription">
<interp inst="t18611216-103-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611216-103-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18611216-103-punishment-16" type="punishmentDescription">
<interp inst="t18611216-103-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18611216-103-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-103-18611216 t18611216-103-punishment-16"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18611216-104">
<interp inst="t18611216-104" type="uri" value="sessionsPapers/18611216"/>
<interp inst="t18611216-104" type="date" value="18611216"/>
<join result="criminalCharge" id="t18611216-104-charge-1" targOrder="Y" targets="def1-104-18611216 t18611216-104-offence-1 t18611216-104-verdict-1"/>
<join result="criminalCharge" id="t18611216-104-charge-2" targOrder="Y" targets="def2-104-18611216 t18611216-104-offence-1 t18611216-104-verdict-2"/>
<join result="criminalCharge" id="t18611216-104-charge-3" targOrder="Y" targets="def3-104-18611216 t18611216-104-offence-1 t18611216-104-verdict-2"/>
<persName id="def1-104-18611216" type="defendantName">
<interp inst="def1-104-18611216" type="gender" value="male"/>
<interp inst="def1-104-18611216" type="age" value="21"/>
<interp inst="def1-104-18611216" type="surname" value="MILFORD"/>
<interp inst="def1-104-18611216" type="given" value="HENRY"/>
<hi rend="largeCaps">HEZRY MILFORD</hi> (21)</persName>,
<persName id="def2-104-18611216" type="defendantName">
<interp inst="def2-104-18611216" type="gender" value="female"/>
<interp inst="def2-104-18611216" type="age" value="22"/>
<interp inst="def2-104-18611216" type="surname" value="THEOBALD"/>
<interp inst="def2-104-18611216" type="given" value="EMMA"/>
<hi rend="largeCaps">EMMA THEOBALD</hi> (22)</persName>, and
<persName id="def3-104-18611216" type="defendantName">
<interp inst="def3-104-18611216" type="gender" value="female"/>
<interp inst="def3-104-18611216" type="age" value="18"/>
<interp inst="def3-104-18611216" type="surname" value="DYER"/>
<interp inst="def3-104-18611216" type="given" value="JANE"/>
<hi rend="largeCaps">JANE DYER</hi> (18)</persName>
<rs id="t18611216-104-offence-1" type="offenceDescription">
<interp inst="t18611216-104-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18611216-104-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Feloniously having in their custody 2 moulds impressed with the obverse and reverse sides of a sixpence, to which</rs> </p>
<hi rend="largeCaps">MILFORD</hi>
<hi rend="smallCaps">
<rs id="t18611216-104-verdict-1" type="verdictDescription">
<interp inst="t18611216-104-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611216-104-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.</p>
<hi rend="smallCaps">MESSRS, CRAWFORD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">LLOYD</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18611216-name-91" type="witnessName">
<interp inst="t18611216-name-91" type="gender" value="male"/>
<interp inst="t18611216-name-91" type="surname" value="BRANNAN"/>
<interp inst="t18611216-name-91" type="given" value="JAMES"/>JAMES BRANNAN</persName> </hi>. I was formerly Inspector of Police, and am now in the service of the Mint authorities—on 22d October I went to 27, Flower-and-Dean Street, Spitalfields, with Inspector Bryant, and two or three other officers—we found the door open, and proceeded to the second floor front room, the door of which was shut—I broke it open with a sledge hammer, and saw Milford sitting by a clear bright fire, in his shirt sleeves, with a plaster of Paris mould in one hand, wrapped in a pad, and a pipkin con
<lb/>taining molten metal in the other—he placed the pipkin on the stove, flung the mould down and stamped upon it—I pushed him off of it, and he was seized by Sergeant Brannan—he resisted violently, and used every effort to destroy the mould—on his being secured, I picked off the floor frag
<lb/>ments of a double mould for casting fourpenny-pieces—a portion of lead lodged on the window, which I afterwards picked up; it was hot—on a shelf in the cupboard I found this double mould for sixpences, which was warm (
<hi rend="italic">produced</hi>)—the prisoner Theobald picked up this cup off the table, con
<lb/>taining sand and water, flung it at my face, and out dropped a large quantity of sixpences and fourpenny-pieces—I caught the cup between my arm and body, and did not let it fall to the ground—the sixpenny and four-penny pieces are here—here are twenty-four, dated 1856, and sixteen of 1823—Dyer was with her back to the door, she threw down a quantity of sixperices and fourpences on the table, which I afterwards picked up (
<hi rend="italic">pro
<lb/>duced</hi>), and which were wet with sand and water—it is a very small room, the table was near the fire, and they all sat round it—I told Milford I had received instructions to look after him and endeavour to put a stop to his practice in dealing largely in counterfeit coin—he said, "I have not been long at it, Mr. Brannan; not more than three or four months, indeed, I might say this is my first time"—I found a file on the table with white metal in it's teeth as if recently used; a piece of glass with plaster of Paris adhering to it; some plaister of Paris in powder, and all the neces
<lb/>sary implements for coining—there was no battery, they colour the coins with a saucer and a wire, which is immersed in a solution of cyanide of silver—we found everything necessary for coining—I gave the coins and moulds to Mr. Webster—I found two genuine sixpences and three or four groats.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-92" type="witnessName">
<interp inst="t18611216-name-92" type="gender" value="male"/>
<interp inst="t18611216-name-92" type="surname" value="BRYANT"/>
<interp inst="t18611216-name-92" type="given" value="BENJAMIN"/>BENJAMIN BRYANT</persName> </hi> (
<hi rend="italic">Police-inspector, G</hi>). I followed Brannan into the room, and saw Milford throw away the mould, and saw the two women sitting at a table scouring sixpences with sand, to rub off the blue and prepare them for silvering—I took Theobald in custody, and took from her right hand these five counterfeit sixpences wet with sand, as were her hands—I said you have been scouring these—she said, "Yes, I suppose I have"—at her feet I found a packet of ten sixpeuces separately wrapped in paper; they were finished and fit for circulation—she asked me to give her her gown, shawl, and bonnet off the bed, which I did—I asked her whether she lived there—she said, "You see I do"—I took her to the station—Dyer was in charge of another officer—they were throwing the things about so that we were obliged to look very closely after them.</p>
<xptr type="pageFacsimile" doc="186112160030"/>
<hi rend="smallCaps">
<persName id="t18611216-name-93" type="witnessName">
<interp inst="t18611216-name-93" type="gender" value="male"/>
<interp inst="t18611216-name-93" type="surname" value="BROAD"/>
<interp inst="t18611216-name-93" type="given" value="WILLIAM"/>WILLIAM BROAD</persName> </hi> (
<hi rend="italic">Police-inspector, H</hi>). I went with the other officers—on entering the room I saw Theobald take the cup from the table and throw the contents at Mr. Brannan—there was then a complete scattering of coin all over the room—Dyer was behind Mr. Brannan, and went towards him with her hands as if to take hold of him—I caught her by her hands, then let go of one hand and held her by the other, and picked from the floor eight sixpences and four groats (
<hi rend="italic">produced</hi>)—two of the groats were quite blue—on the floor, at the head of the bed, I found a saucer with wet sand, in which were these four sixpences and four groats embedded—in a cupboard by the fire-place I found this piece of copper wire—I heard Milford say, "We all three live here"—the other two could hear him say that—I said, "You cannot all three sleep in that bed, it is a very small one"—they made no reply—I said to Milford, "What rent do you pay for the room?"—he said, "Three shillings a week"—from some nails in the room I took down two more women's dresses, one of which Dyer put on, also a bonnet and cloak which were in the room, and a silver guard which was on the mantel-piece—it was taken from her at the station—she said that it was her property.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-94" type="witnessName">
<interp inst="t18611216-name-94" type="gender" value="male"/>
<interp inst="t18611216-name-94" type="surname" value="BRANNAN,"/>
<interp inst="t18611216-name-94" type="given" value="JAMES"/>JAMES BRANNAN, JUN</persName> </hi>. (
<hi rend="italic">Police-sergeant, G</hi> 21). I went with the other officers, and taw Milford struggling with the first witness—I secured him—both the female prisoners rose from the table and scattered the things on it about the room.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-95" type="witnessName">
<interp inst="t18611216-name-95" type="gender" value="male"/>
<interp inst="t18611216-name-95" type="surname" value="WEBSTER"/>
<interp inst="t18611216-name-95" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. I am Inspector of Coin to her Majesty's Mint—this is a fragment of a double mould for fourpences—here is a counterfeit coin which fell from it at the time, with part of the get attached to it—here is a double sixpenny mould of 1853 and 1856—and among the counterfeit coin produced, I find two good sixpences, which have been used to make this mould from—here are sixteen counterfeit sixpences of 1853, all from that mould, and twenty-four from the 1856 mould—I also found some counterfeit fourpences in the moulds in which they were made, and the patterns used for making the moulds.</p>
<hi rend="largeCaps">THEOBALD</hi> and
<hi rend="largeCaps">DYER</hi>
<hi rend="smallCaps">
<rs id="t18611216-104-verdict-2" type="verdictDescription">
<interp inst="t18611216-104-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18611216-104-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18611216-104-punishment-17" type="punishmentDescription">
<interp inst="t18611216-104-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18611216-104-punishment-17" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-104-18611216 t18611216-104-punishment-17"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-104-18611216 t18611216-104-punishment-17"/>Confined Eighteen Months</rs>.</hi> </p>
<hi rend="italic">James Brannan, Sen., stated that Milford lived by coining, and employed women and children to pass it, in shops where there were old persons or children serving.—
<rs id="t18611216-104-punishment-18" type="punishmentDescription">
<interp inst="t18611216-104-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18611216-104-punishment-18" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-104-18611216 t18611216-104-punishment-18"/>Six Years' Penal Servitude.</rs> </hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, December</hi> 18
<hi rend="italic">th</hi>, 1861.</p>
<hi rend="largeCaps">PRESENT</hi>—The Right Hon. the
<hi rend="smallCaps">LORD MAYOR</hi>; Mr.
<hi rend="smallCaps">JUSTICE KEATING</hi>; Mr. Ald.
<hi rend="smallCaps">COPELAND</hi>, M.ZP.; Sir
<persName id="t18611216-name-96" type="judiciaryName">
<interp inst="t18611216-name-96" type="gender" value="male"/>
<interp inst="t18611216-name-96" type="surname" value="MUSGROVE"/>
<interp inst="t18611216-name-96" type="given" value="JOHN"/>
<hi rend="smallCaps">JOHN MUSGROVE</hi> </persName>, Bart. Ald.; Mr. Ald.
<hi rend="smallCaps">SALOMONS</hi>, M.P.; Sir
<persName id="t18611216-name-97" type="judiciaryName">
<interp inst="t18611216-name-97" type="gender" value="male"/>
<interp inst="t18611216-name-97" type="surname" value="MUGGERIDGE"/>
<interp inst="t18611216-name-97" type="given" value="HENRY"/>
<hi rend="smallCaps">HENRT MUGGERIDGE</hi> </persName>, Knight, Ald; Mr. Ald.
<hi rend="smallCaps">CONDER</hi>; and Mr.
<hi rend="smallCaps">COMMON SERJEANT</hi>.</p>
<hi rend="italic">Before Mr. Justice Keating.</hi> </p>
<div1 type="trialAccount" id="t18611216-105">
<interp inst="t18611216-105" type="uri" value="sessionsPapers/18611216"/>
<interp inst="t18611216-105" type="date" value="18611216"/>
<join result="criminalCharge" id="t18611216-105-charge-1" targOrder="Y" targets="def1-105-18611216 t18611216-105-offence-1 t18611216-105-verdict-1"/>
<persName id="def1-105-18611216" type="defendantName">
<interp inst="def1-105-18611216" type="gender" value="male"/>
<interp inst="def1-105-18611216" type="age" value="39"/>
<interp inst="def1-105-18611216" type="surname" value="MADDELY"/>
<interp inst="def1-105-18611216" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS MADDELY</hi> (39)</persName>
<rs id="t18611216-105-offence-1" type="offenceDescription">
<interp inst="t18611216-105-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18611216-105-offence-1" type="offenceSubcategory" value="manslaughter"/>, Feloniously killing and slaying
<persName id="t18611216-name-99" type="victimName">
<interp inst="t18611216-name-99" type="gender" value="male"/>
<interp inst="t18611216-name-99" type="surname" value="SYLVESTER"/>
<interp inst="t18611216-name-99" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18611216-105-offence-1 t18611216-name-99"/>William Sylvester</persName>.</rs> </p>
<hi rend="smallCaps">MR. PLATT</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18611216-name-100" type="witnessName">
<interp inst="t18611216-name-100" type="gender" value="male"/>
<interp inst="t18611216-name-100" type="surname" value="WEST"/>
<interp inst="t18611216-name-100" type="given" value="THOMAS"/>THOMAS WEST</persName> </hi>. I am a cigar-maker, of 22, Park-street, Tabernacle-square—on Saturday, 23d November last, I was with the deceased, William Sylvester, at the White Hart public-house, in Hooper-square, Whitechapel—we went into the parlour—the prisoner was there—the first thing that called my attention was the prisoner making use of bad language, and the deceased</p>
<xptr type="pageFacsimile" doc="186112160031"/>
<p>said he was surprised to hear such language from a man, especially in the parlour—after that they had a few words of talking, and the prisoner made a blow or shove with his elbow at the deceased—the deceased was then sitting on a seat in a corner close by the prisoner—after that the prisoner struck him in the face, a back-handed slap—I do not think he did anything when the prisoner shoved him with his elbow—he said something, but I cannot say what—he did not strike the prisoner—the back-handed blow was a heavy one, it drew blood—I saw his nose bleeding a trifle, not much—on receiving that blow Sylvester got up and tried to return it, but I do not know whether he did or not—the prisoner then commenced fighting with his fists—he struck him several times about the face, as it appeared to me—I should say five or six times—the deceased was then in a sitting posi
<lb/>tion in the corner—the prisoner got up when he made the blows with his fist-**the deceased tried to get up, but the prisoner being so much heavier a man, forced him down again—the deceased was a smaller man than myself—about this time, James Sylvester, the deceased's brother, came into the room—he went to his brother's assistance—I believe he made a blow at the prisoner—I cannot say whether it took effect or not; they had a scuffle between the three—the landlord then came in and said he would have no fighting there, and he proceeded to push them out of the room—a few minutes afterwards I heard a scuffling at the bar, and I went to see what was the matter—I had remained in the parlour—I saw several persons round the bar, and the deceased lying on the floor—I believe the prisoner was one of the persons round him—I saw James Sylvester endeavouring to pull his brother up—I think I remarked, "Let the man get up; do not strike him when he is down," and then his brother carried him to the door—I followed him out of the door; he laid his brother down on the ground, and then told him to get up, and he replied, "I cannot; my leg is broken"—I afterwards helped to put him in a cab, and take him to the hospital—I saw that he was injured—he had been drinking a little, but knew perfectly well what he was about—the prisoner appeared to be in about the same state.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Do you mean by that, that they were both drunk?
<hi rend="italic">A.</hi> No; not drunk, they had been drinking a little—you could hardly term it worse for liquor—it was obvious they had been drink
<lb/>ing—I should say it was the prisoner who first made use of the bad language—I had been there about three-quarters of an hour, I should say—I had been drinking very little indeed—I had about half a glass of gin in the house, and I do not think I had had three pints of beer the whole afternoon—the scuffle which resulted in the fall of the deceased was in the bar, not outside the house—I was not there when it commenced; it was all over when I came up—I should say about five minutes intervened between their leaving the parlour and my seeing the deceased on the ground—I do not know how he came on the ground—I did not see him struck when he was down—I merely used that expression in the flurry of the moment.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-101" type="witnessName">
<interp inst="t18611216-name-101" type="gender" value="male"/>
<interp inst="t18611216-name-101" type="surname" value="SYLVESTER"/>
<interp inst="t18611216-name-101" type="given" value="JAMES"/>JAMES SYLVESTER</persName> </hi>. I am the brother of the deceased, and am a cigar
<lb/>maker, living at 8, Black Don-yard, Whitechapel—he died on Wednesday, 27th November, at the London Hospital—I was at the White Hart on the 23d, attending a club in the upstair's room—I was about leaving the house with other members, when I heard that my brother was in the parlour, and I went to bid him good night—I found him sitting at the further corner, at the extreme end of the seat—the prisoner sat on his right hand, close to him—it was a small room, and very full—I saw the prisoner in the act of striking him in the face with his right hand as hard as he could—the blow produced</p>
<xptr type="pageFacsimile" doc="186112160032"/>
<p>a bruise on his face, and his nose bled—those who knew my brother could see that he had been drinking something, though he was decidedly not drunk, or in any way incapable—I should say the prisoner, from his appearance, was more advanced in drink—I saw him deliberately strike my brothe again, and I crossed the room hurriedly, and got to him as soon as I could; but the room being full, it was occupied in the middle of it by persons sitting on chairs—I called to the prisoner as I got near him, and meant to stop his arm, for he was about striking a second time—I was about getting hold of his arm, and he threw it over my face, to keep me off, and I was in
<lb/>stantly engaged in a scuffle with him—I pulled him out of the seat, turned him round, and got into it to screen my brother—he held on to me, and hugged me, and forced me down with my back on the settle, in the place he had sat in, and we were in that position when the landlord entered—he said he would not hare any noise there—he first pushed the prisoner out of the room—my brother did not want to go out; he was forced out by the landlord—he resisted with all his might—I followed them—I appealed to the landlord not to turn him out, as he might get ill-used—when we got to the bar the pri
<lb/>soner stood in front of my brother, and a companion of his, of the name of Pierson—they were both calling on my brother to come out and fight—he said nothing—he remained at the bar alongside of me—the prisoner kept calling my brother names, and me also, and urging him to go out to fight—from Pierson's threatening me, I was forced to leave my brother, and as I did so my brother struck at the prisoner, and said, "Get away"—the prisoner was in front of him at the time, in a threatening attitude, demand
<lb/>ing that he should come out to fight—there was great passion displayed when my brother struck him—he took hold of my brother by the collar, and hugged him close to him, turned him round from the bar, and they reeled or inclined towards a corner, about six feet from where my brother had been standing, and they fell into the corner, my brother downwards, and the prisoner on the top of him—I do not know whether he threw him, or how it was, but my brother went under him—he was a very slight man—I do not know that he laid bold of the prisoner; I could not see that—the prisoner is a very powerful man compared to my brother—I picked him up—I found that he did not attempt to use his legs, and as soon as I got him out of hearing of the others, he said his leg was broken—he had had no other fall as far as I saw.</p>
<hi rend="italic">Cross-examined. Q.</hi> Was not this scuffle commenced by your brother going up to the prisoner and striking him a blow right full in the face.
<hi rend="italic">A.</hi> No; my brother did not go up to him—he stood with his back against the bar—he struck at him; whether the blow reached his face or not I cannot say—Pierson engaged me, while I was endeavouring to protect my brother, and he wanted to fight me for interfering—I am sure my brother did not go up to the prisoner and strike him; it could not have occurred without my see
<lb/>ing it.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-102" type="witnessName">
<interp inst="t18611216-name-102" type="gender" value="male"/>
<interp inst="t18611216-name-102" type="surname" value="KULKE"/>
<interp inst="t18611216-name-102" type="given" value="HENRY"/>HENRY KULKE</persName> </hi>. I keep the White Hart public-house in Hooper-square, Whitechapel—on this night I saw a scuffle take place between the prisoner, the deceased, and the last witness, in the parlour—that was what I first observed—on seeing that, I caught hold of the deceased and pushed him out of the room, and said I did not want any fighting or any row in my establish
<lb/>ment—I likewise pushed the prisoner out—there is a passage leading from the parlour to the bar, about thirty or forty feet long—I walked up to the bar and stood there for about a quarter of an hour-there were still very angry words on both sides; they were talking about fighting and what they</p>
<xptr type="pageFacsimile" doc="186112160033"/>
<p>would do—the prisoner said something about licking the deceased, or any
<lb/>body else—another man stood between the prisoner and the deceased, and the deceased's brother stood behind him—all of a sadden the deceased rushed by the man that stood between him and the prisoner, and struck the prisoner in the face—a scuffle ensued, and they both fell on the floor in the bar—I believe each laid hold of the other—I can't say who laid hold first—I am sure I saw the deceased strike the prisoner in the face—I found after
<lb/>wards he had struck him in the eye, and almost blinded him—I can't say who fell uppermost, but I believe it was the prisoner—the deceased's brother took him outside, and he said he could not stand, that his leg was broken—they appeared to have been drinking.</p>
<hi rend="italic">Cross-examined. Q.</hi> Was the deceased very much the worse for liquor?
<hi rend="italic">A.</hi> I can't say that he was; I think they were both alike—they were not what you would call drunk—this occurred about 11 o'clock—I only knew the prisoner as an occasional customer—I have not been there long.</p>
<hi rend="smallCaps">MR. LING</hi>. I am house-surgeon at the London Hospital—the deceased was brought there on Saturday night, 23d November—he had sustained a compound fracture of the right thigh bone—he died on the following Wednesday evening from the shook—he never recovered from the shook caused by the injury.</p>
<hi rend="italic">Cross-examined. Q.</hi> Was he a man of bad habit of body?
<hi rend="italic">A.</hi> He was rather; he was about thirty years of age—he was not labouring under any disease—I made a post-mortem examination, and found nothing else to account for death—mortification did not set in—he died from the shock to the nervous system—the local injury was progressing favourably—he had his senses all the time—I apprehended serious consequences from the first—he was taken suddenly worse on the day he died, and he died about 8 in the evening—I had seen him about an hour before, and again about three hours before that—I was called to him suddenly about an hour before his death—when I saw him three hours before I anticipated fatal results, he had sick
<lb/>ness and was very faint—I examined all the viscera—I found tubercles of the lungs, not sufficient to account for death—they were not in a state of suppuration—I examined the brain.</p>
<hi rend="smallCaps">MR. PLATT</hi>.
<hi rend="italic">Q.</hi> Would a fall arising in a scuffle between two persons, the other being the more powerful man of the two, be likely to cause the frac
<hi rend="italic">A.</hi> Yes; I have no doubt that he died from the results of the fracture.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-103" type="witnessName">
<interp inst="t18611216-name-103" type="gender" value="male"/>
<interp inst="t18611216-name-103" type="surname" value="GEAVES"/>
<interp inst="t18611216-name-103" type="given" value="CHARLES JOSHUA"/>CHARLES JOSHUA GEAVES</persName> </hi> (
<hi rend="italic">Police-sergeant, H</hi> 14). I took the prisoner into custody, on 28th November, at his house—I said, "Maddely, you will have to go with me"—he said, "What for?"—I said, "For this unpleasant affair about poor Sylvester"—he said, "Very well"—I told him he was dead—he said "I am very sorry; I have asked after him several times, but I did not hear that he was dead."</p>
<hi rend="smallCaps">
<rs id="t18611216-105-verdict-1" type="verdictDescription">
<interp inst="t18611216-105-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611216-105-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18611216-105-punishment-19" type="punishmentDescription">
<interp inst="t18611216-105-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18611216-105-punishment-19" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-105-18611216 t18611216-105-punishment-19"/>Confined Three Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18611216-106">
<interp inst="t18611216-106" type="uri" value="sessionsPapers/18611216"/>
<interp inst="t18611216-106" type="date" value="18611216"/>
<join result="criminalCharge" id="t18611216-106-charge-1" targOrder="Y" targets="def1-106-18611216 t18611216-106-offence-1 t18611216-106-verdict-1"/>
<persName id="def1-106-18611216" type="defendantName">
<interp inst="def1-106-18611216" type="gender" value="male"/>
<interp inst="def1-106-18611216" type="age" value="59"/>
<interp inst="def1-106-18611216" type="surname" value="FORD"/>
<interp inst="def1-106-18611216" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN FORD</hi> (59)</persName>
<rs id="t18611216-106-offence-1" type="offenceDescription">
<interp inst="t18611216-106-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18611216-106-offence-1" type="offenceSubcategory" value="fraud"/>, Feloniously forging and uttering an order for the payment of 20
<hi rend="italic">l</hi>., with intent to defraud.</rs> </p>
<hi rend="smallCaps">MR. METOCALFE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18611216-name-105" type="witnessName">
<interp inst="t18611216-name-105" type="gender" value="male"/>
<interp inst="t18611216-name-105" type="surname" value="GLASS"/>
<interp inst="t18611216-name-105" type="given" value="WILLIAM"/>WILLIAM GLASS</persName> </hi>. I am a millwright, residing at Henry Cottage, Philip-street, Bath—I became acquainted with the prisoner prior to March last-some time before March I spoke to him about an action against somebody—he advised me as to an attorney—he mentioned the name of Mr. Tood or Todd, I am not sure which—in consequence of that advice I came up to London with him and saw Mr. Todd—it was somewhere in Newgate-street—I generally live at Bath—I know very little about London—I never was here</p>
<xptr type="pageFacsimile" doc="186112160034"/>
<p>but three times in my life—it was arranged, in the prisoner's presence, that I should send 20
<hi rend="italic">l</hi>. to Mr. Todd to carry on the action—after that I returned to Bath with the prisoner—I was to advance the 20
<hi rend="italic">l</hi>. to Mr. Todd—the prisoner heard me say that—he was in the room at the same time—after my return to Bath, I asked the prisoner for Mr. Todd's proper direction, and he gave me "William Todd, 95, Newgate-street," and I put it in my pocket-book, and I have it now (
<hi rend="italic">producing it</hi>)—it was made at the time—I asked him for the proper address to which I was to send the money, and I entered this at the time from what the prisoner told me—I told him I was going to send it through the West of England Bank, where I cash, to Glyn and Company in London—the address he gave me was "William Tood, 95, Newgate-street, London, E.C."—after that conversation with the prisoner I sent to 95, Newgate-street—the cheque was sent through the bank, not by me—I sent a letter to 95, Newgate-street—I was to send the 20
<hi rend="italic">l</hi>. through the West of England Bank—I sent the money to Glyn's to the credit of Mr. Todd—I also sent a letter of advice to Mr. Todd's, directed, to 95, Newgate-street—I went to the West of England Bank and told them to send 20
<hi rend="italic">l</hi>. out of my cash to Glyn and Co., to the credit of Mr. Todd—(
<hi rend="italic">some letters were here produced by Mr. Oke from the Mansion House</hi>)—this is a letter dated, "Bath, March 15th, 1861"—that is not my letter—it was not written by me or with my authority—I know nothing about it, and never heard of it till I saw it produced at the police-office—I saw it once before in Mr. Todd's hands, at his office, while this matter was pending—that was the only time—it was produced at the police-court in defence of the prisoner, by the prisoner—Mr. Todd was acting as the prisoner's attorney—(
<hi rend="italic">Read:</hi> "March 15th, 1861. Mr. Ford, Sir, if you will call on Messrs. Glyn and Co., bankers, in
<hi rend="italic">Lombard-street</hi>, in the City of London, you will be paid the sum of 20
<hi rend="italic">l</hi>. which I have paid into the South Wales Bank here in Bath, W. W. Glass").</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You say no portion of that is in your handwriting?
<hi rend="italic">A.</hi> None at all.</p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Look at the other letter which you have there, dated 17th August?
<hi rend="italic">A.</hi> I never saw this before—this purports to be signed W. Glass—it is not my handwriting, or written by my authority—I first saw that in Mr. Todd's hands, and I saw it at the Mansion House the second time—it was produced there in defence of the prisoner, produced by the prisoner—(
<hi rend="italic">Read:</hi> "Received of John Ford five pounds, in part of money due to me from the twenty pounds he received of Messrs. Glyn and Co. bankers, in Lombard-street, London, under my order to William Toode and himself, W. Glass, Bath, August 17th, 1861.")—it is not correct that I received 5
<hi rend="italic">l</hi>. out of the 20
<hi rend="italic">l</hi>.—I never authorized the prisoner to take the 20
<hi rend="italic">l</hi>.—he was in Bath at the time I sent up the money, and subsequently, in August—I should think I should scarcely send money up to London for him to receive it, and pay me a portion of it—I never authorized the prisoner to write that letter to 95, Newgate-street, or to receive the money at Glyn's—I know his handwriting—this," William Tood," on the cheque, is in the pri
<lb/>soner's handwriting, to the best of my belief, and the letter is his writing—I have seen him write I should say twenty times—I see the name of John Ford, on this 10
<hi rend="italic">l</hi>. Bank of England note—that is in the prisoner's writing.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Look at these two letters, whose handwriting do you say they are in?
<hi rend="italic">A.</hi> I do not know whose that is—this receipt is in Fords writing—I do not know whose handwriting the letter of 15th March is.</p>
<hi rend="smallCaps">MR. METCALFR</hi>.
<hi rend="italic">Q.</hi> On 17th March, after you had sent the money did</p>
<xptr type="pageFacsimile" doc="186112160035"/>
<p>the prisoner say anything to you about going to London, shortly after you had paid the money into the bank?
<hi rend="italic">A.</hi> Yes; he came on the Sunday morning, and said that Mr. Tood or Mr. Todd had written to him to be in London on Monday morning to help make up the briefs for the Assizes, in my action—that was the day after I had paid the money in to the bank—a few days after that I saw the prisoner back again in Bath—he said it was all right, Mr. Tood had received the money—he said he had been up to London.</p>
<hi rend="italic">Prisoner. Q.</hi> Did not you sign that order at the public-house on Friday, the 15th?
<hi rend="italic">A.</hi> No; I will swear that—I did not receive 5
<hi rend="italic">l</hi>. of your wife in part of that money—I received 5
<hi rend="italic">l</hi>. of what you owed me—you know what you owed it me for.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You did receive 5
<hi rend="italic">l</hi>. you say?
<hi rend="italic">A.</hi> Yes; of his wife.</p>
<hi rend="italic">Prisoner. Q.</hi> Was it on 16th July that my wife paid you the money, in the presence of myself and my son?
<hi rend="italic">A.</hi> It was the end of July—I gave a little bit of a memorandum—it was on a piece of tax paper.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> I thought you said you did not give a receipt?
<hi rend="italic">A.</hi> Not this—I did receive 5
<hi rend="italic">l</hi>. from him at the end of July, I think—I received it from his wife—I did not give a receipt for it—I put my name to a bit of paper; not this—I think this is it on the back of this receipt—the 5
<hi rend="italic">l</hi>. was paid to me for money owing to me for different things, and for putting my name to a loan society for some money—I think this is the piece of paper that I wrote on, which is pasted on this—I say it was pasted on on purpose—I do not know anything about this piece of paper—I did put my name to some paper when the 5
<hi rend="italic">l</hi>. was paid—it was a little corner bit—like that on the back.</p>
<hi rend="italic">Prisoner.</hi> That is the paper he signed; my wife paid him over the 5
<hi rend="italic">l</hi>., and he signed that in the presence of my son—I do not owe him a shilling—the order was written at the Lion and Lamb public-house, about 7 o'clock one evening.</p>
<hi rend="italic">Q.</hi> Did not I write the letter of 15th March for you about this money, and did not you sign it in the bar?
<hi rend="italic">A.</hi> No, I never did; I swear that.</p>
<hi rend="italic">Q.</hi> Did not you write down Mr. Todd's right address in his own office?
<hi rend="italic">A.</hi> I never had a pen in my hand there.</p>
<hi rend="italic">Q.</hi> Did you make a memorandum in your pocket-book of "Mr. Todd, 75, Newgate-street"?
<hi rend="italic">A.</hi> I did not—I put down 95, at my office at Bath—this is the memorandum I made—you did not tell me I sent it wrong, to 95 instead of 74—I did not tell you I had sent to 95, in the name of William Tood—I was not refused by a loan office as a surety for you for 30
<hi rend="italic">l</hi>. nor did you get a man of the name of Mitchell, because they would not let the money go on my security—I wish they had refused to take my security, for then I should not have had to pay 7
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. last week.</p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> You say you did become surety for him to a loan society?
<hi rend="italic">A.</hi> Yes; and had to pay 7
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. last week—I never owed him 20
<hi rend="italic">l</hi>.</p>
<hi rend="italic">Prisoner. Q.</hi> Did not I get you 50
<hi rend="italic">l</hi>. on a bill of sale on the goods of your son?
<hi rend="italic">A.</hi> That is another thing.
<hi rend="italic">Prisoner.</hi> The goods belonged to his son before he (the prosecutor) was convicted of felony.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Have you ever been convicted?
<hi rend="italic">A.</hi> Yes; for shooting, but I never shot, it was an apprentice of mine—I was convicted of shooting at a man, but there was no powder in the gun, only something I picked up off the floor—my sentence was six months' imprisonment—it is twelve months ago last March that I came out.</p>
<xptr type="pageFacsimile" doc="186112160036"/>
<hi rend="italic">Prisoner. Q.</hi> Did not you apply to me to get your debts in at Cardiff?
<hi rend="italic">A.</hi> No, not on any occasion—I did not apply to you to make a conveyance, and date it back before my conviction—I did not get it done in Mr. Bon
<lb/>ham's office, and show it to you and say he had an old stamp—I did not show you a newspaper of Walsall County Court, where it was held that a man that had been convicted could not recover—I did not recover 7
<hi rend="italic">l</hi>. odd of Morgan Edwards—I did not recover any from Mr. Gubbard—I swear that—I had money, but not through you—you got me 50
<hi rend="italic">l</hi>. on a bill of sale on goods belonging to my son, before my conviction—that is all paid off—I don't know where you obtained it.</p>
<hi rend="italic">Q.</hi> Are you not making a claim on the British Nation Insurance office, upon the policy of William Henry Fisher?
<hi rend="italic">A.</hi> That is another question—I have got the money.</p>
<hi rend="italic">Prisoner.</hi> He got me to make a conveyance from Fisher to himself, of a life policy for 500
<hi rend="italic">l</hi>., and he never gave me a farthing—Fisher would not sign it, be only put "William Henry"—he would not sign any more—Mr. Glass made a claim on the office, and he says he has got the money—the Fisher family have set up a claim, and I should not have been here if he did not think I had disclosed to them that he never had a proper assignment at all. Witness. You never did anything in it—I did not put in the name of Fisher to enable me to recover—you did not draw up the assignment for me—I did not employ you to do it—you have been guilty of it all your lifetime—I did not employ you to do anything of the sort—you drawed me down to the Cardiff Assizes, and I had no business there—I did not tell you to advance Merry half a sovereign and his fare—you have not done other services for me—I have not employed you to pledge my tools.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-106" type="witnessName">
<interp inst="t18611216-name-106" type="gender" value="male"/>
<interp inst="t18611216-name-106" type="surname" value="MITCHELL"/>
<interp inst="t18611216-name-106" type="given" value="JAMES"/>JAMES MITCHELL</persName> </hi>. I am a cashier at Glyn's—on 19th March I paid 20
<hi rend="italic">l</hi>. to the person who produced this cheque, a 10
<hi rend="italic">l</hi>. note, and 10
<hi rend="italic">l</hi>. in cash—the number of the 10
<hi rend="italic">l</hi>. note was 76,550, dated 22d October, 1860.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-107" type="witnessName">
<interp inst="t18611216-name-107" type="gender" value="male"/>
<interp inst="t18611216-name-107" type="surname" value="BAILY"/>
<interp inst="t18611216-name-107" type="given" value="RICHARD ADYE"/>RICHARD ADYE BAILY</persName> </hi>. I am a clerk in the accountant's office in the Bank of England—I produce this 10
<hi rend="italic">l</hi>. note cancelled—it was paid in on 4th April last, through Barclay's the bankers—I find the name of John Ford endorsed on it—it was in that state when it was paid in.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-108" type="witnessName">
<interp inst="t18611216-name-108" type="gender" value="male"/>
<interp inst="t18611216-name-108" type="surname" value="HERMAN"/>
<interp inst="t18611216-name-108" type="given" value="ROBERT"/>ROBERT HERMAN</persName> </hi>. I am a cashier at the Bath City Bank—I changed this Bank of England note on 1st April—the prisoner produced it to me—at my request he wrote his name on it—I knew him by sight—I am quite sure he is the person—we sent it into Barclay's.</p>
<hi rend="italic">Prisoner. Q.</hi> Did I not call twice at your bank?
<hi rend="italic">A.</hi> Yes—I declined to change it at first on account of its being so torn, but I offered to send it to London for you for advice, and on 6th April you called for the money, and I paid you the amount—I did not write part of this endorsement for you—I did not write Oak-street upon it—there is no Oak-street here—there is the letter O—I might have begun to write it.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-109" type="witnessName">
<interp inst="t18611216-name-109" type="gender" value="male"/>
<interp inst="t18611216-name-109" type="surname" value="TODD"/>
<interp inst="t18611216-name-109" type="given" value="JOHN"/>JOHN TODD</persName> </hi>. I am a solicitor, at 75, Newgate-street—Mr. Glass was in
<lb/>troduced to me by the prisoner at my office in Newgate-street, on 13th March—I have my call book here—they both came together—I had procured the papers in an action from a Mr. Crosby of Bath or Bristol, I am not sure which, and it was arranged that I was to carry on the action, in lieu of Mr. Crosby—I asked Mr. Glass to remit me 25
<hi rend="italic">l</hi>., and he agreed to send 20
<hi rend="italic">l</hi>.—I never received the 20
<hi rend="italic">l</hi>. nor any part of it, with the exception of 5
<hi rend="italic">l</hi>. which wax paid to me by the prisoner subsequently, which might or not be part of it—that was paid somewhere about 19th August, 1 think, on Mr. Glass's account—this "William Toode" to this cheque was not signed by me or by</p>
<xptr type="pageFacsimile" doc="186112160037"/>
<p>my authority—I saw nothing of this cheque until these proceedings—I think the first time I saw it was when it was produced by Mr. Beard, the attorney for the prosecution.</p>
<hi rend="italic">Q.</hi> Did you know until that time that a letter or a cheque had been sent to 95, Newgate-street?
<hi rend="italic">A.</hi> I knew it from the correspondence that took place between me and the prosecutor, when inquiries were made about the receipt of the money—that was in August—those inquiries originated through my receiving a letter from the prosecutor—I never signed this, or gave the prisoner authority to sign it and receive the money.</p>
<hi rend="italic">Prisoner. Q.</hi> Did Mr. Glass call at your office with me on 13th March?
<hi rend="italic">A.</hi> Yes; he wrote down my name and address in his pocket-book in pencil, not with a pen—the action that has been spoken of, was in the name of his son, Frederick Glass, not in the name of the prosecutor—I did not defend an action of ejectment for him at Cardiff—I entered an appearance to an action of ejectment, and no further proceedings have been had since—Mr. Glass called on me some time in August—I produced to him two documents—you were not there then—these are the two, the letter of 15th March, and the receipt—the body of this, the prosecutor acknowledged at the Mansion House, was in your handwriting—I believe the signature of William Glass to be the prosecutor's signature—I am acquainted with his handwriting by corresponding with him; by letters that I now have, and a comparison of the handwriting—I have corresponded with him, and acted on the correspondence—I am now speaking of the letter—I believe the signature of William Glass, to this receipt for the 5
<hi rend="italic">l</hi>., to be also the prosecutor's writing—I first showed him this authority, which he denied writing—then A question was put to him whether it was his signature, he said, "Certainly not"—he was then shown the receipt, and he said that was all right.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did he examine it before he said that?
<hi rend="italic">A.</hi> He did so, and read it through—this was in the presence of Mr. Hughes, the chief of the police at Bath, and be immediately said to the prosecutor, "Why, if that is all right, what do you say to this!" calling his attention to the fact that it would be admitting the authority, and then he said. "Oh, no; I never saw the paper before"—he denied the receipt.</p>
<hi rend="italic">Prisoner. Q.</hi> Have you any letters in your possession that you received from the prosecutor, to show his handwriting to the jury?
<hi rend="italic">A.</hi> I have—I have four letters here, all from him—the first is dated August, 6th—that came to me in this envelope, directed to William Toode, Esq. 91, Newgate-street, London—this is the letter which is contained in that envelope, the first of the four: they are pinned together—that letter is in Glass's hand
<lb/>writing, and the address also—one of these letters is directed, J. Toode, Esq.—they became more correct after the correspondence with me in August—the first is William Toode, the second is J. Tood, the third is J. Tood, and after that J. Todd—these are all in the prosecutor's handwriting—I am of course speaking of the letters themselves—that which is on the back are copies of the answers which I sent, in short hand—they are all about this money, the 20
<hi rend="italic">l</hi>., except the first one—the first says nothing about the 20
<hi rend="italic">l</hi>.—it is asking me whether I think it would be the best plan to go to Cardiff, and, as I had never received any money, I thought it was a very unreason
<lb/>able thing to expect me to go, and I never answered the letter—I think it was in the second letter that I communicated to him that I had not received the 20
<hi rend="italic">l</hi>.—I received a letter from him, dated the 15th, on the 16th, and then I wrote a letter to him, of which I have a copy—it was on 16th August that I first communicated to him that I had not received the 20
<hi rend="italic">l</hi>.—this is the</p>
<xptr type="pageFacsimile" doc="186112160038"/>
<p>letter, without troubling your Lordship with the whole of it; "If you recol
<lb/>lect, your engagement in the first instance was to pay 20
<hi rend="italic">l</hi>. on my taking the business in hand, and if this had been done, as in good faith it ought to have been, your business would have been properly attended to"—that caused an explanation from him, and some further correspondence took place—I have his letter here in answer to that—in that letter he states that he did send the money—(
<hi rend="italic">The letters were here put in and read as follows:</hi>" Bath, August 6th, 1861, to Mr. William Tood. Sir, I write to know whether or no you think it the best plan for you to come down to Cardiff on Monday the 12th instant, by the train, to see the place and the witnesses on the spot, and hear what they got to say, and put down their report, and I will meet you up at the Queen's Hotel; the packet sails Tuesday morning, half-past 8, and we can all come over together, and then we shall be in Bristol before 11 o'clock. Please send me word back by Mr. Ford. W. Glass. Honery Cotage, Philip Street, Bath." "Bath, August 15th, 1861, Mr. J. Tood. Sir, I am surprised at Ford's conduct; I was
<hi rend="italic">sory</hi> of not hearing from you, and leaving me in the dark; I was was in
<hi rend="italic">bristol</hi> Tuesday and
<hi rend="italic">cald acording</hi> to order at the Rumer they told me you
<hi rend="italic">whould</hi> be there at 2 o'clock:
<hi rend="italic">cald</hi> at 2. 4 and 6 but no Mr. Tood; next day went to
<hi rend="italic">bristol, cald againe</hi> went to the Cardiff Packet and seen Ford;
<hi rend="italic">him</hi> told me a round about tale, I could make nothing of it;
<hi rend="italic">him</hi> had plenty of money from me for to serve the
<hi rend="italic">supeneys</hi> for this
<hi rend="italic">asizes</hi>, and time enough. Please to send me answer by the return of
<hi rend="italic">Poast</hi> Will
<hi rend="italic">oblidge."</hi> "Bath, August 20th, 1861. Mr. J. Ford. Sir, I am
<hi rend="italic">surprise</hi> to read your letter; the 20
<hi rend="italic">l</hi>. was sent on the 15th of March last, through the Bank in Bath that I cash with to the Bank in London they cash with for Wm.' Tood Esq., Newgate St No. 95. I wrote to you the same day to go to the Bank for it and have been surprise all along of not hearing from you, but Ford being in London on the 18th March when came back after a long told it was all right and brought the Plea of Rawlinson and others at the suit of Glass by Robert Cunliff
<hi rend="italic">there</hi> attorney. I wrote to you on July 14th to meet me at Cardiff on 19th of July last, but being told by Ford of your wrong direction Mr. Wm. Tood 95 Newgate St I had a return letter back, there was no such person and now I find your direction is J Tood Esq. 75 Newgate Street. Please send answer by the return of post and
<hi rend="italic">wether</hi> or no you
<hi rend="italic">was</hi> in Cardiff last week and they gave offer to settle. Ford told me they had: for Frederick Glass, my son, W. W. Glass.
<hi rend="italic">Henery</hi> Cotage, Philip Street, Bath." "Bath August 20th. 1861. Mr. J. Todd. Sir, the letter that was posted in March last I put in the post
<hi rend="italic">office</hi> myself; the Bank was the North Wilts and South
<hi rend="italic">Whales</hi> Banking Company to Messrs. Glyn, Mills & Co. Lombard Street, Londo, 20
<hi rend="italic">l</hi>. for W Tood Esq 95 Newgate Street London, the Bath Bank having
<hi rend="italic">writing</hi> about to the London Bank by the return of post they say the 20
<hi rend="italic">l</hi>. was taken out on the 19th March in the name of W Tood Esq; the
<hi rend="italic">cashire</hi> of the Bath is
<hi rend="italic">gon</hi> to Bristol this to head quarters about it and to
<hi rend="italic">compair</hi> the writing that I had by me of
<hi rend="italic">fords</hi> and writing on the check of 20
<hi rend="italic">l</hi>.:
<hi rend="italic">ford</hi> told that you and him left Bristol on Monday 12th of this month to go to Cardiff to see the place and the
<hi rend="italic">wit
<lb/>neses.</hi> I thought of going but Ford said to save expence you and him could do it and
<hi rend="italic">supene</hi> the witneses—when him came back he told me that Mr. Todd said it was to late this
<hi rend="italic">asizes</hi> there was not time to get
<hi rend="italic">breef</hi> up; it must remain till
<hi rend="italic">march</hi> next, and told me a great deal more. Please to send a reply by the return of post: ford came on Sunday the 17th March, stating that him received a letter to be in London to meet you on the Monday morning to help make out the and borrowed 10
<hi rend="italic">s</hi>. of me to
<hi rend="italic">cary</hi> him up—W.</p>
<xptr type="pageFacsimile" doc="186112160039"/>
<p>W. Glass.
<hi rend="italic">Henery Cotage</hi> Philip Street Bath. J. Todd Esq 75 New gate Street London. I have attended to the windows.")</p>
<hi rend="italic">Prisoner. Q.</hi> Have you got a subpaena among your papers, to subpaena arties to the County Court?
<hi rend="italic">A.</hi> No, I have not; nothing of the sort—I have a bill of Mr. Morgan Edwards.</p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Have you a letter of 22d August?
<hi rend="italic">A.</hi> I have not the original letter, I have a copy of it—I gave some of the letters to a per
<lb/>son to copy, and unfortunately he lost them, but he brought me the copies, and I am perfectly willing to put them in.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Is that a letter from the prosecutor?
<hi rend="italic">A.</hi> Yes; a copy of it (
<hi rend="italic">The copy was read as follows:</hi> "August 22d, 1861. To Mr. J. Todd "Sir, Ford never had any
<hi rend="italic">athoraty</hi> from me; it
<hi rend="italic">dos</hi> seem likely after sending the 20
<hi rend="italic">l</hi>. to you through the bank, what would the bank think of me; he never had any signature from me; I never had 5
<hi rend="italic">l</hi>. from him on the bank account; it was owing—the 5
<hi rend="italic">l</hi>. that you had from he, I know nothing about W. W. Glass;
<hi rend="italic">Henery Cotage</hi>, Philip-street, Bath. J. Todd, Esq., 75, Newgate-street, London, E. C.")—It was subsequent to that corres
<lb/>pondence that the documents were produced to the prosecutor, when he called on me—I can tell you the date from my call-book (
<hi rend="italic">referring</hi>); it was on 30th August.</p>
<hi rend="italic">Prisoner. Q.</hi> Have you a bill of Morgan Edwards?
<hi rend="italic">A.</hi> I have—I believe that to be the prosecutor's writing.</p>
<hi rend="italic">Prisoner.</hi> That is one of the bills that I was to collect—the prose
<lb/>cutor has sworn that he never gave me any authority to do it, and I have here a list of the parties that I was to subpaena, to show that the prosecutor employed me for that purpose, and gave me the money to subpaena the witnesses, and other things, and this money was to be so applied—these are the names of the parties I was to subpaena (
<hi rend="italic">handing in a paper</hi>)—he states in his letter that he has given Ford plenty of mousy to subpaena them.
<hi rend="italic">Witness.</hi> This is a list of persons, whether they were to be witnesses or not I do not know—I produce it for the purpose of comparison of the hand
<lb/>writing of the prosecutor—they are in his handwriting—I do not know what they were intended for—this was sent up by the prisoner's wife from Bath to me, and when I came to look at it I saw that it was in the prose
<lb/>cutor's handwriting, and from this document, with the others, I give my opinion about these signatures—I believe them to be in the prosecutor's handwriting—I have not got any subpaena here, which has been sent up to me.</p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> You say you produced to the prosecutor the letter and the receipt?
<hi rend="italic">A.</hi> I did—I got them from the prisoner—he wrote for them—I can tell by my copies of my letters when I did get them—it was after the charge of forgery was made, and after the Bath police had been communicated with and were in search of the prisoner—the prisoner then wrote down to Bath for these documents, and they were sent up—I am not quite certain whether they came to my office directed to him, and he opened them there, or not—these are the envelopes I received from the prosecutor, and there are others—here is one from Mr. Hughes, and another from a subordinate in his office, and there is another, I think, from Hughe s—there are three from the police-office at Bath—I do not recollectwhether the prisoner gave me the documents, or whether he gave them to me after opening an envelope in which they were contained, directed to my office, but I rather think the latter was the case—it was after the charge of forgery was made; it was that which caused the documents to be sent for—I have</p>
<xptr type="pageFacsimile" doc="186112160040"/>
<p>only known the prisoner since March, 1860—he has not brought me a great deal of business; he has brought me two matters, this and another, in which an appearance was entered—I knew nothing of the prosecutor till the prisoner introduced me to him—he has not brought other persons to my office—he was not acting as my agent down there—there are plenty of attorneys at Bath—it appears that he was acquainted with a man of the name of Holly, who laid claim to some property, and had been a client for twenty-five years, or more, of Mr. Hawkes, of Frome, to whom I was agent Mr. Hawkes died some months ago, and I having been so long agent to him, Holly came to me, he being also acquainted with the prisoner; that was the origin of it—I have not been acting as attorney for the prisoner in this matter—I went to the Mansion House and I cross-examined the witnesses there, because he had no means to procure any assistance—I learnt from him that the receipt was given in the presence of his son—I have not taken steps to subpoena his son—I have is here—I took steps to produce him at the police-court, at the prisoner's request—he was not there—it appears he did not get my letter in time—I do not know whether Mr. Hughes is here, I have not seen him—I have not taken steps to get him here—I believe he was not at the Mansion House; not on the occasion that I was there, to my knowledge—I was not asked, at the Mansion House, whether the prosecutor had admitted the signature of the receipt, and that I believed it to be his—I was not attorney for the prisoner there—I merely acted on his behalf on that occasion, purely out of benevolence—I admit that I cross-examined the witnesses, but it was entirely from a benevolent motive—I thought there was no occasion to tender my evidence, because I knew there would be a com
<lb/>mittal—I was examined on the part of the prosecution, and was asked the questions that I have been asked here to-day; whether I knew anything about the cheque, and I answered it as I have answered it to-day; further than that I did not go—I produced the letter and the receipt in the course of the examination—I told the Lord Mayor that it was a question as to the handwriting, and that if the prisoner had not committed forgery, the prose
<lb/>cutor must have committed perjury; I think that was about as strong as I could put it—I did not give evidence that I believed it to be the prosecutor's handwriting; I put it as an advocate and I did not interfere further, because I knew that he must be committed on the oath of the prosecutor—I did not tell the Lord Mayor that I heard the prosecutor admit the signature to the receipt—that took place in the presence of Mr. Hughes—I did not take steps to have him brought here, it was the prosecutor's place to do that—Mr. Hughes was there on the first examination when I was not; so I have heard—I do not know—I got it from a newspaper report, in which it was stated that they would not allow the expenses of their coming up from Bath—I knew the Lord Mayor would not try the case—I knew it would be tried here—I did not consider it my place to take steps to get Mr. Hughes here; I am not the prisoner's attorney—I am perfectly impartial, as I told Mr. Mulleus and Mr. Beard also—I did not threaten the prosecutor, and advise him not to take proceedings against the prisoner—I will swear that (
<hi rend="italic">looking at a letter</hi>)—I hinted that he could take civil proceedings—I advised him not to take criminal proceedings—I knew at that time that the charge of forgery had been made, and that the Bath police were in search of him—if you will allow that letter to be read, it contains my reasons.</p>
<hi rend="italic">Q.</hi> The prosecutor had long before that told you that the documents were not his?
<hi rend="italic">A.</hi> He had denied the one and admitted the other: and then he</p>
<xptr type="pageFacsimile" doc="186112160041"/>
<p>retracted as to the letter; that was the state of things—he had previously stated by letter that the prisoner had no authority from him—all those letters were anterior to the production of the two documents—I did not authorize the prisoner to sign the name of William Tood—I think it is the prisoner's handwriting—he had no authority whatever from me to do so—I saw the prosecutor write his name and address in pencil in his pocket-book while he was with me—I cannot identify the pocket-book—the one he had contained a vast number more leaves than this (
<hi rend="italic">produced</hi>)—I cannot possibly explain how it was, if he did write my address, that these letters were directed to No. 91 and 95—91 would be as likely to find me as 95, and the inference is, that if one came the other would—I do not venture to make a specula
<lb/>tion as to whether the letter was sent or not—I do not say that the cheque was an imaginary thing altogether—I think it is possible it might have been returned to the prosecutor if you ask me; and I will tell you why, because in one of his letters he states that one of his letters, directed to William Tood, 95, was returned to him from the post-office—if that was so, I should think it very likely that the other had been returned; and in one of my letters I believe I put a question to him about that.</p>
<hi rend="italic">Q.</hi> Perhaps you think it very likely that a man at Bath would send up money, and the very day he sent it up, or a day or two alter, would authorize a person to go up and receive it, and pay back a portion to him?
<hi rend="italic">A.</hi> No; I do not think it at all likely; but if you ask me what has passed between these parties, I will tell you what I do think likely about it—I understood afterwards that the prosecutor's son was a lunatic—I did not know it in the first instance—the body of the receipt is wholly in the handwriting of the prisoner.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> The signature being, as you think, the protestor's?
<hi rend="italic">A.</hi> Yes—would your Lordship allow me to see the signature to the original deposition? I only wish to speak to that which is the conviction of my mind (
<hi rend="italic">referring to it</hi>)—yes; it agrees.</p>
<hi rend="smallCaps">MR. METCALFS</hi>.
<hi rend="italic">Q.</hi> You said something about pasting a piece of paper over that receipt?
<hi rend="italic">A.</hi> Yes; because it had got torn by accident, and I pasted a piece of waste paper at the back—a little water and a wet sponge would take it off in a moment; it is only gum—it was torn at the left cornet, and would have carried away the word "receipt," and some other words, and for the purpose of preserving it I tore off part of an old letter and pasted it at the back—the body of the receipt is in the prisoner's writing—the signature, I am prepared to swear, is the prosecutor's, even by a comparison with the depositions—I do swear that it is the prosecutor's handwriting—I never saw him write, but I have communicated with him by letter, and have acted upon those letters—that is the conscientious conviction of my mind.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you see what he wrote with pencil in his pocket-book?
<hi rend="italic">A.</hi> No; he sat by the side—I took no particular notice of it—I saw him pull out a pocket-book with more leaves in it than this, and I saw him write the name.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-110" type="witnessName">
<interp inst="t18611216-name-110" type="gender" value="male"/>
<interp inst="t18611216-name-110" type="surname" value="BERRY"/>
<interp inst="t18611216-name-110" type="given" value="HENRY"/>HENRY BERRY</persName> </hi>. I am a sergeant of the Bath detective police—I took the prisoner into custody on 23d November last, in Westcot-street, Bath—I told him he was charged with uttering a forged cheque on Glyn and Co., of London—he said, "Glass will have to prove that; I can show that I was authorized to receive the money. I am quite prepared to meet the case now."</p>
<hi rend="smallCaps">MR. MKTCALFE</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">WILLTAM GLASS</hi>.
<hi rend="italic">Q.</hi> You have heard it stated that in</p>
<xptr type="pageFacsimile" doc="186112160042"/>
<p>conversation with Mr. Todd you said the receipt was yours?
<hi rend="italic">A.</hi> No such thing; I never said the receipt was mine in the presence of Mr. Hughes—if Mr. Hughes was here he could not say so—I never heard it stated until to-day that I had done so—I still persist in saying that the signatures are not mine—I wrote the letters that have been produced—some of them are directed to 91, then to 95, and then to 75—75 was where I found out his name and direction—91 must be a mistake; still he got them—the letter sent advising the money, was returned to me through the post—no, no, not the letter which advised the money—I have the letter which was returned by the post—Mr. Beard, my solicitor, has it somewhere—it came through the dead letter-office—that was the only letter that was returned by the post.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you post the letter yourself advising the sending of the 20
<hi rend="italic">l</hi>.?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Did you ever say anything that was intended to induce Mr. Todd to believe that you wrote or signed either of those docu
<hi rend="italic">A.</hi> Not at all.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Look at the documents again, are the signatures like yours at?
<hi rend="italic">A.</hi> Not the least; that "W" is a more fanny one than mine—the "W. Glass" is unlike mine; it does not resemble mine at all, not the least, no part of it; neither of the signatures—one of these addresses in the pocket book was written since I came to London along with Mr. Hughes; that was some time in August, I should think about the 28th—I don't know exactly—(
<hi rend="italic">looking at a paper</hi>) this is my handwriting—it is a list of witnesses to be subpoened at the assizes, by the prisoner—this (
<hi rend="italic">another paper</hi>) is my writing—this was one picked up in my shop—it is a claim against Morgan Edwards, and others—I recovered the amount of that after My conviction—the prisoner was not concerned for me in that—he was not there—he picked this up in my counting-house when I flung it down—I had two or three of these bills, and I dropped it down, and he picked it up—I saw him pick it up, no doubt I did—I allowed him to take it away with him—I had the thing on the books, and it was no good—I can quote t say why he took it away, I did not ask him—(
<hi rend="italic">looking at another paper</hi>) this is my sig
<lb/>nature—these letters to Mr. Todd are signed by me—I sign my name in different ways at different times; sometimes I sign "W. W."—I never sign "W. M"—I sign "W" and a small "m" for William—I thought you meant "W. M." in capitals—I do sign "Wm."—sometimes I sign "W. Glass," without the "m"; that is three different ways.</p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Look at that yellow envelope; is that your envelope which you sent to 95, Newgate-street?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="italic">Prisoner. Q.</hi> Was I at Cardiff County Court with you in July last?
<hi rend="italic">A.</hi> Well, you were there, I believe, but I never asked you to come—I did not serve a subpoena upon you in Glove's case—I did not say when you came, "I am glad you have come; I am all of a tremble"—I did not send you to Morgan Edwards two or three times after the money that I had got an execution against his goods for—I did not receive 7
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. of Osmond, and tell you I had not had a shilling—you drew 10
<hi rend="italic">s</hi>. from him—I gave you an order to do so—you had no business there, nor I either; however, that don't matter—you were not subpoened in the case.</p>
<hi rend="italic">Witness for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18611216-name-111" type="witnessName">
<interp inst="t18611216-name-111" type="gender" value="male"/>
<interp inst="t18611216-name-111" type="surname" value="FORD"/>
<interp inst="t18611216-name-111" type="given" value="JOHN"/>JOHN FORD</persName> </hi> (
<hi rend="italic">examined by the prisoner</hi>).
<hi rend="italic">Q.</hi> Do you remember seeing Mr. Glass at our house on 16th July last, the afternoon of Friday?
<hi rend="italic">A.</hi> On 16th August I saw him there—he came in, and my mother gave him 5
<hi rend="italic">l</hi>. and I saw him</p>
<xptr type="pageFacsimile" doc="186112160043"/>
<p>sign the receipt—I saw you draw up the receipt and he sign it—he read the receipt before he signed it—I should know the paper if I was to see it again—this is it (
<hi rend="italic">looking at the receipt produced</hi>)—I and mother were present when he received the money and signed the receipt—he shook hands with you, and wished you a pleasant journey to London.</p>
<hi rend="italic">Q.</hi> Did you ever see Mr. Glass, at my house, make out any bills for me to get in debts for him?
<hi rend="italic">A.</hi> I have seen him there on business, but I can't say what it was about—I have seen him there, it may be five or six times, some
<lb/>times before you were up.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Was this at a public-house?
<hi rend="italic">A.</hi> No; at a private house—I am quite June of that—I and my mother and father were there alone—there was a little child running about the house, but I can't say that she was in the room—there was no one else there—it was on 16th August; I am sure of that, on Friday evening—I was first asked about this when my father came to London, when I heard the charge made against him—my father asked me about it—he asked if I could recol
<lb/>lect seeing Mr. Glass sign the receipt, and I told him yes.</p>
<hi rend="italic">Q.</hi> Where was Mr. Glass sitting when you say he signed it?
<hi rend="italic">A.</hi> Well, he generally stands, with his back to the wall—I can't recollect whether he was sitting or standing when he wrote—I was sitting having my tea—this part if Mr. Glass's writing (
<hi rend="italic">pointing to it</hi>); father wrote the other—he wrote it before Mr. Glass's eyes when he was there—I don't know any reason why Mr. Glass did not write the other part—I am quite sure that it was not in July that he paid the money—I do not know of any money being paid by my father on 16th July—I did not go to the police-court—I was not asked to go—I was not at home at the time.</p>
<hi rend="italic">Prisoner. Q.</hi> You have not seen me since I have been in custody, have you?
<hi rend="italic">A.</hi> No.</p>
<hi rend="italic">Prisoner's Defence.</hi> I cannot say any more than that Mr. Glass signed the document, and I received the money in London to pay witnesses, and to pay Mr. Todd to go to trial; unless I had he would not do it. The prosecutor gave me a list of the witnesses. He gave me the order after I told him he had made a mistake in putting 95, Newgate-street, instead of 75. I paid him 5
<hi rend="italic">l</hi>. on account of the money in August, as the receipt bears date, only it is dated the 17th, instead of the 16th, by mistake; the 17th was on a Saturday, and it was signed on Friday. I paid Mr. Todd 5
<hi rend="italic">l</hi>., and—I paid 10
<hi rend="italic">s</hi>. to a man of the name of Merry as a witness, and 15
<hi rend="italic">s</hi>. on another occasion, and the rest went towards my debt, for what I did for him, in going about the country. The reason of it all is this: I was to have 40
<hi rend="italic">l</hi>. for drawing up an assignment for him, upon which he has received 500
<hi rend="italic">l</hi>. since I have been in prison. The man who deposited it in hits hands signed, in my presence, "William Henry" and would not sign any farther, and his relations have put in a claim for the 500
<hi rend="italic">l</hi>.; and I should never have been here had it not been that I made known my views of it, that it was signed "William Henry" only, and he wants to get rid of me. I leave it in your hands. I am inno
<lb/>cent of the charge that is laid against me; if I had been guilty I should not have gone twice to the bank about the 10
<hi rend="italic">l</hi>. note; but I told the clerk I would pay the expense of their sending the note up to the Bank of England. They charged 1
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>. for making the inquiry. I must have been well aware that the note had my name and address on it, and would be evidence against me if I committed myself in any way. He was going to pay me in sove
<lb/>reigns, and I asked him to give me a 10
<hi rend="italic">l</hi>. note. Had it not been for the 500
<hi rend="italic">l</hi>. that this man got through my instrumentslity, I should not have been</p>
<xptr type="pageFacsimile" doc="186112160044"/>
<p>here, only he thought I should turn round and assist the widow; but he never gave me a shilling for it.</p>
<hi rend="smallCaps">
<rs id="t18611216-106-verdict-1" type="verdictDescription">
<interp inst="t18611216-106-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18611216-106-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18611216-107">
<interp inst="t18611216-107" type="uri" value="sessionsPapers/18611216"/>
<interp inst="t18611216-107" type="date" value="18611216"/>
<join result="criminalCharge" id="t18611216-107-charge-1" targOrder="Y" targets="def1-107-18611216 t18611216-107-offence-1 t18611216-107-verdict-1"/>
<persName id="def1-107-18611216" type="defendantName">
<interp inst="def1-107-18611216" type="gender" value="male"/>
<interp inst="def1-107-18611216" type="age" value="21"/>
<interp inst="def1-107-18611216" type="surname" value="CONNELL"/>
<interp inst="def1-107-18611216" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES CONNELL</hi> (21)</persName>
<rs id="t18611216-107-offence-1" type="offenceDescription">
<interp inst="t18611216-107-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18611216-107-offence-1" type="offenceSubcategory" value="rape"/>, Feloniously, carnally knowing and abusing
<persName id="t18611216-name-113" type="victimName">
<interp inst="t18611216-name-113" type="gender" value="female"/>
<interp inst="t18611216-name-113" type="age" value="under 10"/>
<interp inst="t18611216-name-113" type="surname" value="OXFORD"/>
<interp inst="t18611216-name-113" type="given" value="MARY ANN"/>
<join result="offenceVictim" targOrder="Y" targets="t18611216-107-offence-1 t18611216-name-113"/>Mary Ann Oxford</persName>, a girl under the age of 10 years.</rs> </p>
<hi rend="smallCaps">MR. SLEIGH</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<rs id="t18611216-107-verdict-1" type="verdictDescription">
<interp inst="t18611216-107-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611216-107-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18611216-107-punishment-20" type="punishmentDescription">
<interp inst="t18611216-107-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18611216-107-punishment-20" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-107-18611216 t18611216-107-punishment-20"/>Seven Years Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18611216-108">
<interp inst="t18611216-108" type="uri" value="sessionsPapers/18611216"/>
<interp inst="t18611216-108" type="date" value="18611216"/>
<join result="criminalCharge" id="t18611216-108-charge-1" targOrder="Y" targets="def1-108-18611216 t18611216-108-offence-1 t18611216-108-verdict-1"/>
<join result="criminalCharge" id="t18611216-108-charge-2" targOrder="Y" targets="def2-108-18611216 t18611216-108-offence-1 t18611216-108-verdict-2"/>
<persName id="def1-108-18611216" type="defendantName">
<interp inst="def1-108-18611216" type="gender" value="male"/>
<interp inst="def1-108-18611216" type="age" value="18"/>
<interp inst="def1-108-18611216" type="surname" value="FLICKER"/>
<interp inst="def1-108-18611216" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM FLICKER</hi> (18)</persName>, and
<persName id="def2-108-18611216" type="defendantName">
<interp inst="def2-108-18611216" type="gender" value="female"/>
<interp inst="def2-108-18611216" type="age" value="16"/>
<interp inst="def2-108-18611216" type="surname" value="BELTZ"/>
<interp inst="def2-108-18611216" type="given" value="CHARLOTTE"/>
<hi rend="largeCaps">CHARLOTTE BELTZ</hi> (16)</persName>
<rs id="t18611216-108-offence-1" type="offenceDescription">
<interp inst="t18611216-108-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18611216-108-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery on the person of
<persName id="t18611216-name-116" type="victimName">
<interp inst="t18611216-name-116" type="gender" value="female"/>
<interp inst="t18611216-name-116" type="surname" value="VON MULLER"/>
<interp inst="t18611216-name-116" type="given" value="MARTHA"/>
<join result="offenceVictim" targOrder="Y" targets="t18611216-108-offence-1 t18611216-name-116"/>Martha von Muller</persName>, and stealing 1 purse and other articles, her property.
<hi rend="italic">Second Count, receiving the same.</hi> </rs> </p>
<hi rend="smallCaps">MR. MCDONNELL</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18611216-name-117" type="witnessName">
<interp inst="t18611216-name-117" type="gender" value="female"/>
<interp inst="t18611216-name-117" type="surname" value="VON MULLER"/>
<interp inst="t18611216-name-117" type="given" value="MARTHA"/>MABTHA VON MULLER</persName> </hi>. I am a widow, and reside at 2, Euston-square—on the afternoon of 9th November last I was in that neighbourhood—I had a porte-monnaie with me, which contained between 9
<hi rend="italic">s</hi>. and 10
<hi rend="italic">s</hi>. worth of loose silver, 3
<hi rend="italic">s</hi>. or 4
<hi rend="italic">s</hi>. worth of postage stamps, some envelopes, and a cheque for 8
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>.—this is the cheque (
<hi rend="italic">produced</hi>)—the porte-monnaie was in my hand—I had a small tradesman's book at the same time, and I felt them both wrenched from me, but I clasped them tighter, and was turning round to see who it was, when my hand was knocked, which opened my hand, and my purse and the book were taken from me—it was a boy who knocked it out of my hand—I cannot identify any one present as being that person—I followed him—he ran away directly, through Euston-grove, past the hotels, into Drummond-street—I gave information to a policeman directly I saw one.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You only saw the boy run away?
<hi rend="italic">A.</hi> No; another boy stopped me, and tried to detain me by asking me what was the matter.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-118" type="witnessName">
<interp inst="t18611216-name-118" type="gender" value="male"/>
<interp inst="t18611216-name-118" type="surname" value="HAMILTON"/>
<interp inst="t18611216-name-118" type="given" value="MATTHEW"/>MATTHEW HAMILTON</persName> </hi>. I live at 17, Polygon, Clarendon-square, and am a gasfitter—on the afternoon of 9th November last, I was standing in front of the terminus of the railway at Euston-square, and saw the male prisoner running with a piece of paper in his hand, which I thought looked like a 5
<hi rend="italic">l</hi>. note—I am quite sure he is the person—Mrs. Von Muller came up shortly afterwards, and complained that she had been robbed.</p>
<hi rend="italic">Flicker. Q.</hi> What time was this committed?
<hi rend="italic">A.</hi> little after 4 in the afternoon—I did not come and give evidence against you before, because I was not summoned to come up; if I had been, I should have come—you were not looking at the cheque; you were carrying it in your hand.</p>
<hi rend="italic">Flicker.</hi> The policeman has got him for a fake witness against me, or why did he not come up before? I am innocent of the case, and I can prove that I was somewhere else.</p>
<hi rend="italic">Witness.</hi> I had never seen the prisoner before that day, but I know his face, and am quite sure of him—I was up before the Magistrate when he was committed, and I identified him there.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-119" type="witnessName">
<interp inst="t18611216-name-119" type="gender" value="male"/>
<interp inst="t18611216-name-119" type="surname" value="WARNER"/>
<interp inst="t18611216-name-119" type="given" value="JAMES"/>JAMES WARNER</persName> </hi>. I am barman to Mr. Arkrill, at the Golden Compasses, Fitzroy-street, Euston-road—on the evening of 9th November last, the female prisoner came and asked my master for change, for a cheque for 8
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>.—I was by the side of him at the time—she said, "Will you change this cheque for Mr. Carter?"—Mr. Arkrill called me on one side, and sent me across to Mr. Carter; he is a doctor immediately opposite—I went, and came back very soon—in consequence of what Mr. Carter said, Mr. Arkrill changed it—the girl had been over to Mr. Carter first—on my return my master gave her change for the cheque, on account of what Mr. Carter said, and she left—two or three days afterwards, on the Monday morning, it ✗at the bank when Mr. Arkrill presented it; and in the evening</p>
<xptr type="pageFacsimile" doc="186112160045"/>
<p>I went, in company with some police-officer, to the Queen's theatre, and pointed the female prisoner out to the officer—she was sitting with the male prisoner and two others, male and female—they were together, sitting side by side—we saw them together afterwards, before they were taken in custody—I gave her in custody to Merrick, the policeman.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-120" type="witnessName">
<interp inst="t18611216-name-120" type="gender" value="male"/>
<interp inst="t18611216-name-120" type="surname" value="MERRICK"/>
<interp inst="t18611216-name-120" type="given" value="CHARLES"/>CHARLIES MERRICK</persName> </hi> (
<hi rend="italic">Policeman, S</hi> 328). On 13th November, between 8 and 9 o'clock in the evening, from information given to me, I went, in com
<lb/>pany with the last witness, to the Queen's theatre—I there saw the two prisoners; they were sitting together in the gallery—I told the female that she was charged with changing a cheque at Mr. Arkrill's, which had been stolen from a lady—she said, "I do not know what you mean; I have not seen any cheque"—I told her she must come with me to the station—on the way she told me she would say all about it—she said she met with a gentleman in Upper Fitzroy-street, Fitzroy-square, who gave her the cheque to get cashed, and he would give her half a sovereign—she took it to Mr. Arkrill's, and got change, and he only gave her 5
<hi rend="italic">s</hi>. for her trouble—she did not know him—he was a stranger—on the next afternoon, from information I received from Hamilton, I stopped at the police-court, and about half-past 3 o'clock the male prisoner came there—I saw him outside the court, went up to him, and asked what he was doing there—he said he had come to see Charlotte—I told him I should apprehend him for being concerned with another in stealing a porte-monnaie; that I had got a description of him, and he must go with me to the station—he said, "I will go with you, but I will see Charlotte first," and as I was laying hold of him by the coat he knocked my arm up, and stooped down and ran away as fast as he could—I followed him for about three-quarters of a mile—he was stopped by a gentleman, and I laid hold of him—he said, "All right; I will go with you now, but there is another one in it; if I had had ten yards more start of you, you would not have caught me.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-121" type="witnessName">
<interp inst="t18611216-name-121" type="gender" value="male"/>
<interp inst="t18611216-name-121" type="surname" value="CARTER"/>
<interp inst="t18611216-name-121" type="given" value="RICHARD"/>RICHARD CARTER</persName> </hi>. I am a surgeon, of 7, Upper Fitzroy-street, Euston-road—this cheque was brought to my surgery on 9th November, by a young woman bearing a resemblance to the female prisoner, but I cannot be positive it was her—I did not give her the cheque with a request that she should get it changed for me—she said she came from a patient of mine, of the name of Simmonds, a laundress, and would I oblige her with change for the cheque—I said I had not change, but probably she would get it at the baker's opposite—I never advised her to go to Mr. Arkrill, or mentioned his name—some time afterwards the witness Warner came to me with the cheque, and asked if I knew it—I said no, I did not know the cheque, but the person the girl said she came from I did know, and she was a respectable woman.</p>
<hi rend="italic">Flicker's Defence.</hi> I can prove that I was at home at the time of the robbery, working with my father at his business. I went to the Queen's theatre along with this girl, and as I was seen in her company I went down to ask her what she was locked up for. She would not tell me, Next day I went to see if I could hear her trial, and the policeman took me.</p>
<hi rend="italic">Beltz's Defence.</hi> I an not guilty of knowing the note was stolen; I am only guilty of changing it. A gentleman, who was looking at the Lord Mayor's show, asked me to change it. I did not know there was any harm in it. I gave the gentleman the money, and he gave me 5
<hi rend="italic">s</hi>. I told the constable all about it directly he asked me. When I was remanded this young man came to see me. I know no more of him than that I work for</p>
<xptr type="pageFacsimile" doc="186112160046"/>
<p>his mother, and a few friends came down to see me as well as him. The following week no witness was there; when we came up the second time the policeman said, "I will put you away if I can," and the third week he brings up this old man to swear he saw this young man running with a note in his hand. It is very strange and unlikely that a thief would stop to pick a note out from a lot of money; and if he ran past him quickly it is not likely he should see him so distinctly as to know him again in a different dress at the end of three weeks. My mother can prove that I was indoors all the Saturday till half-past 7 in the evening.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-122" type="witnessName">
<interp inst="t18611216-name-122" type="gender" value="female"/>
<interp inst="t18611216-name-122" type="surname" value="BELTZ"/>
<interp inst="t18611216-name-122" type="given" value="ELLEN"/>ELLEN BELTZ</persName> </hi>. I am the prisoner's mother—on the 9th November she was indoors till half-past 7—she has never lived away from me.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. MCDONNELL</hi>.
<hi rend="italic">Q.</hi> Were you at home the whole afternoon of Saturday, the 9th November?
<hi rend="italic">A.</hi> Yes; and my daughter was in the same room with me, at needle work—I was working about and cleaning up—I know she did not go out before 7—there was no clock in the room, but I knew the time.</p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> What has been her character?
<hi rend="italic">A.</hi> I have had no fault to find with her—she has borne a good character, but I suppose every one has some fault—she has always earned her own living in an honest way.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-123" type="witnessName">
<interp inst="t18611216-name-123" type="gender" value="female"/>
<interp inst="t18611216-name-123" type="surname" value="FLICKER"/>
<interp inst="t18611216-name-123" type="given" value="SUSAN"/>SUSAN FLICKER</persName> </hi>. The male prisoner is my son—he was at home at work along with his father at the time the robbery was committed—it was the evening of the 9th—I saw it in the newspaper the next day, and the girl's name—my son was at home all day with me and his father till after we had done our work; 9 o'clock—he was working at tailoring work—he was not out of the house at all.</p>
<hi rend="italic">Cross-examined. Q.</hi> How does he gain his livelihood?
<hi rend="italic">A.</hi> He has learnt the tailoring trade, and he was so employed on the 9th with his father, at 50, High-street, Bloomsbury, where we reside—he was at home the whole of that day, and so was I—he went out in the evening between 9 and 10, I think; not before that—I saw this account in the paper, with the young girl's name, and I looked about to the 9th, when my son was taken up, and called to mind that—he was at home at the time—he was employed sewing up trousers—his father is not here; he has very bad health—he is able to come, but he is not here—I cannot remember now what it was that took my son out that evening, but he generally goes out of an evening—I know it was between 9 and 10 that he went out, by our supper-time—we generally leave off work about 9—he had his supper before he went out—I swear that from the morning, until between 9 and 10 at night, he did not go out—none of my neighbours were there during the evening—her brother was there—he is not here—he has been learning the tailoring off and on for these two years.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You say you saw in the newspaper an account of the robbery?
<hi rend="italic">A.</hi> Yes; and I have known this girl a long time, and never knew any harm of her—she was to and fro my place, and I thought of the name directly—I knew she knew my son, and it struck me directly that my son was not out that evening—he had not been charged at that time—his character has not been so good as I could wish, but still I am in hopes he may be better—he has been very good and steady since he has been from sea, and learning the business; never out late, and never away from home.</p>
<hi rend="smallCaps">MR. MCDONNELL</hi>.
<hi rend="italic">Q.</hi> Don't you know that he has been convicted?
<hi rend="italic">A.</hi> Yes; I am aware of that; on one or two occcasions.</p>
<hi rend="largeCaps">FLICKER</hi>
<rs id="t18611216-108-verdict-1" type="verdictDescription">
<interp inst="t18611216-108-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611216-108-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">on First Count.</hi> </rs> </p>
<hi rend="largeCaps">BELTZ</hi>
<rs id="t18611216-108-verdict-2" type="verdictDescription">
<interp inst="t18611216-108-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18611216-108-verdict-2" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">on Second Count.—</hi> </rs>
<hi rend="italic">
<rs id="t18611216-108-punishment-21" type="punishmentDescription">
<interp inst="t18611216-108-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18611216-108-punishment-21" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-108-18611216 t18611216-108-punishment-21"/>Confined Three Months</rs>.</hi> </p>
<xptr type="pageFacsimile" doc="186112160047"/>
<hi rend="italic">Flicker was further charged with having been before convicted.</hi> </p>
<hi rend="smallCaps">
<persName id="t18611216-name-124" type="witnessName">
<interp inst="t18611216-name-124" type="gender" value="male"/>
<interp inst="t18611216-name-124" type="surname" value="TUCKER"/>
<interp inst="t18611216-name-124" type="given" value="JOHN"/>JOHN TUCKER</persName> </hi> (
<hi rend="italic">Policeman, E</hi> 168). I produce a certificate—(
<hi rend="italic">This certified the conviction of Thomas Flicker, on his own confession, at the Westminster Police Court, in March, of larceny.—Confined Six Months</hi>)—the prisoner is the person to whom that applies—I was present when he was convicted.</p>
<hi rend="smallCaps">GUILTY</hi>.**—
<hi rend="italic">
<rs id="t18611216-108-punishment-22" type="punishmentDescription">
<interp inst="t18611216-108-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18611216-108-punishment-22" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-108-18611216 t18611216-108-punishment-22"/>Four Years' Penal Servitude.</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday, December</hi> 18
<hi rend="italic">th</hi>, 1861.</p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Ald.
<hi rend="smallCaps">COPELAND</hi>; Mr. Ald.
<hi rend="smallCaps">SALOMONS</hi>, M.P.; Mr.
<hi rend="smallCaps">RECORDER</hi>; and
<persName id="t18611216-name-125" type="judiciaryName">
<interp inst="t18611216-name-125" type="gender" value="male"/>
<interp inst="t18611216-name-125" type="surname" value="MUGGERIDGE"/>
<interp inst="t18611216-name-125" type="given" value="HENRY"/>
<hi rend="smallCaps">SIR HENRY MUGGERIDGE</hi> </persName>, Knt. Ald.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18611216-109">
<interp inst="t18611216-109" type="uri" value="sessionsPapers/18611216"/>
<interp inst="t18611216-109" type="date" value="18611216"/>
<join result="criminalCharge" id="t18611216-109-charge-1" targOrder="Y" targets="def1-109-18611216 t18611216-109-offence-1 t18611216-109-verdict-1"/>
<persName id="def1-109-18611216" type="defendantName">
<interp inst="def1-109-18611216" type="gender" value="male"/>
<interp inst="def1-109-18611216" type="age" value="25"/>
<interp inst="def1-109-18611216" type="surname" value="THOMPSON"/>
<interp inst="def1-109-18611216" type="given" value="ALFRED"/>
<hi rend="largeCaps">ALFRED THOMPSON</hi> (25)</persName>
<rs id="t18611216-109-offence-1" type="offenceDescription">
<interp inst="t18611216-109-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18611216-109-offence-1" type="offenceSubcategory" value="returnFromTransportation"/>, Feloniously being at large without lawful excuse before the expiration of the period of six years' penal servitude, to which he was sentenced in November, 1859; to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18611216-109-verdict-1" type="verdictDescription">
<interp inst="t18611216-109-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611216-109-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18611216-109-punishment-23" type="punishmentDescription">
<interp inst="t18611216-109-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18611216-109-punishment-23" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-109-18611216 t18611216-109-punishment-23"/>Six Years' Penal Servitude.</rs> </hi> (
<hi rend="italic">See next case.</hi>)</p> </div1>
<div1 type="trialAccount" id="t18611216-110">
<interp inst="t18611216-110" type="uri" value="sessionsPapers/18611216"/>
<interp inst="t18611216-110" type="date" value="18611216"/>
<join result="criminalCharge" id="t18611216-110-charge-1" targOrder="Y" targets="def1-110-18611216 t18611216-110-offence-1 t18611216-110-verdict-1"/>
<persName id="def1-110-18611216" type="defendantName">
<interp inst="def1-110-18611216" type="gender" value="male"/>
<interp inst="def1-110-18611216" type="age" value="25"/>
<interp inst="def1-110-18611216" type="surname" value="CARPENTER"/>
<interp inst="def1-110-18611216" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE CARPENTER</hi> (25)</persName>
<rs id="t18611216-110-offence-1" type="offenceDescription">
<interp inst="t18611216-110-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18611216-110-offence-1" type="offenceSubcategory" value="assault"/>, Unlawfully assaulting
<persName id="t18611216-name-128" type="victimName">
<interp inst="t18611216-name-128" type="gender" value="male"/>
<interp inst="t18611216-name-128" type="surname" value="DOBLE"/>
<interp inst="t18611216-name-128" type="given" value="SAMUEL"/>
<join result="offenceVictim" targOrder="Y" targets="t18611216-110-offence-1 t18611216-name-128"/>Samuel Doble</persName>, a police constable, in the execution of his duty, and attempting to rescue
<persName id="t18611216-name-129" type="victimName">
<interp inst="t18611216-name-129" type="gender" value="male"/>
<interp inst="t18611216-name-129" type="surname" value="THOMPSON"/>
<interp inst="t18611216-name-129" type="given" value="ALFRED"/>
<join result="offenceVictim" targOrder="Y" targets="t18611216-110-offence-1 t18611216-name-129"/>Alfred Thompson</persName> from his custody.</rs> </p>
<hi rend="smallCaps">
<persName id="t18611216-name-130" type="witnessName">
<interp inst="t18611216-name-130" type="gender" value="male"/>
<interp inst="t18611216-name-130" type="surname" value="POTTER"/>
<interp inst="t18611216-name-130" type="given" value="THOMAS"/>THOMAS POTTER</persName> </hi> (
<hi rend="italic">Policeman, D</hi> 2). I produce a certificate of the conviction of Alfred Thompson (
<hi rend="italic">Read: "Guildhall Sessions, November</hi>, 1859.
<hi rend="italic">Alfred Thompson convicted of being found by night with housebreaking implements, having been previously convicted of felony.—Sentence Six Years' Penal Servitude</hi>")—I was present at the trial—Thompson is the person (
<hi rend="italic">pointing him out</hi>)—he was in my custody—he escaped from Portsmouth, and I received information on the same day.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-131" type="witnessName">
<interp inst="t18611216-name-131" type="gender" value="male"/>
<interp inst="t18611216-name-131" type="surname" value="DOBLE"/>
<interp inst="t18611216-name-131" type="given" value="SAMUEL"/>SAMUEL DOBLE</persName> </hi>. On Saturday, 25th November, I saw the prisoner and Thompson in the Marylebone-road—I was with a constable in plain clothes—I told him something—I told Thompson in the prisoner's presence that I should follow him and take him in custody—they ran away, and I halloed "Stop thief!"—I followed Thompson 100 yards—Carpenter turned round and took Pink by the throat—I caught Thompson, and he caught me violently in the privates two or three times, and said, "You b—r, you shall never take poor
<hi rend="italic">Alf.</hi> back to do his time"—I succeeded in keeping him—I believe he has some complaint to make against me.</p>
<hi rend="italic">Prisoner. Q.</hi> What distance did I run?
<hi rend="italic">A.</hi> About sixty yards—you did not attempt to stop me—I was in front of you—I followed Thompson, Pink followed me, and you after him—Pink was bleeding at the throat when I came up—you said at the station that you were not aware you were in such bad company.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-132" type="witnessName">
<interp inst="t18611216-name-132" type="gender" value="male"/>
<interp inst="t18611216-name-132" type="surname" value="PINK"/>
<interp inst="t18611216-name-132" type="given" value="GEORGE"/>GEORGE PINK</persName> </hi> (
<hi rend="italic">Policeman, D</hi> 85). I was with Potter when he met Thompson and the prisoner—I pursued Thompson, and the prisoner seized me by the throat and kicked me violently—I said to him, "Let me go, it is not you I want"—he said, "No, you b—r, it is poor
<hi rend="italic">Alf.</hi> you want to send back to do his time"—I tried to get away from him, but could not till my brother constable came up, when the prisoner wrenched himself away from my throat, and flung himself upon Doble, trying to separate him from Thompson, and he did so several times between there and the station.</p>
<hi rend="italic">Prisoner. Q.</hi> Did I lay hold of your throat with both hands?
<hi rend="italic">A.</hi> Yes—you had an old pair of boots under your arm, but you dropped them, and a person standing by gave them to you—I did not take you by the collar and</p>
<xptr type="pageFacsimile" doc="186112160048"/>
<p>ask you what you had in your possession, nor did you say that you would not tell me till you knew who I was—the parcel was not undone till you got to the station.</p>
<hi rend="italic">Prisoner's Defence.</hi> I am innocent.</p>
<hi rend="smallCaps">
<rs id="t18611216-110-verdict-1" type="verdictDescription">
<interp inst="t18611216-110-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611216-110-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18611216-110-punishment-24" type="punishmentDescription">
<interp inst="t18611216-110-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t18611216-110-punishment-24" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-110-18611216 t18611216-110-punishment-24"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18611216-111">
<interp inst="t18611216-111" type="uri" value="sessionsPapers/18611216"/>
<interp inst="t18611216-111" type="date" value="18611216"/>
<join result="criminalCharge" id="t18611216-111-charge-1" targOrder="Y" targets="def1-111-18611216 t18611216-111-offence-1 t18611216-111-verdict-1"/>
<persName id="def1-111-18611216" type="defendantName">
<interp inst="def1-111-18611216" type="gender" value="male"/>
<interp inst="def1-111-18611216" type="age" value="32"/>
<interp inst="def1-111-18611216" type="surname" value="THOMPSON"/>
<interp inst="def1-111-18611216" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS THOMPSON</hi> (32)</persName>
<rs id="t18611216-111-offence-1" type="offenceDescription">
<interp inst="t18611216-111-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18611216-111-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, Stealing 1 necklet, value 68
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., the property of
<persName id="t18611216-name-134" type="victimName">
<interp inst="t18611216-name-134" type="gender" value="male"/>
<interp inst="t18611216-name-134" type="surname" value="ATTENBOROUGH"/>
<interp inst="t18611216-name-134" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18611216-111-offence-1 t18611216-name-134"/>James Attenborough</persName>, in his dwelling-house.</rs> </p>
<hi rend="smallCaps">MR. ORRIDGE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18611216-name-135" type="witnessName">
<interp inst="t18611216-name-135" type="gender" value="male"/>
<interp inst="t18611216-name-135" type="surname" value="LIWINS"/>
<interp inst="t18611216-name-135" type="given" value="CHARLES"/>CHARLES LIWINS</persName> </hi>. I am assistant to Mr. Attenborough of the Strand—on 14th November, the prisoner and another man came into the shop—the prisoner said he had just arrived from America, and had been in England fourteen days, that the weather had been so extremely unfavourable, he had not been able to get out much; that he had a niece who was going to India, and he wished to make her a present before she left—I introduced a brilliant bird necklet, which he liked very much, but asked to look at a teapot—I brought from the window a beautiful little silver kettle, which he liked very much; his friend admired it also—they said they should not decide that day—the prisoner said that he should be taking a carriage drive, and most likely his niece would call with him—on Saturday, 16th November, about half-past 4, they both called again, and said they had come to decide about the necklet—in the mean time I had procured a few more to show him—he said that he wished to see no other than the one he had seen before—I took it from the window and placed it on the glass case—he took it up and said, "It is the prettiest thing I ever saw in my life"—he showed it to his friend, who nodded—he then said, "I will take it"—I said, "The price is 68
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>."—he said, "I am perfectly aware of the price; you have told me once, and I never forget these things; I will take it, and I will pay for it"—he put his hand in his pocket to pay for it—I closed the lid, and was going to pack it—he then said, "By the way, there is the teapot"—I said, "You mean the kettle"—I ordered the porter to go to the window and take it from the window, because I would not leave the necklet—the moment he saw the kettle he said, "That is not the one I saw before, the one I saw before was, a much larger kettle"—I assured him that it was the same, as we had no other so small—he said, "Well, I may be mistaken, I thought it was not the same; could you tell me how much it holds?"—I said, "It is what we should call a three pint kettle"—he said, "Do not you know what it contains; it is necessary I should know what it holds, because I am about to make it a present to a friend of mine, who intends using it for chemical purposes, and it will be perfectly useless unless I know what it contains; if not too much trouble perhaps you will fetch some water and try it"—I hesitated rather, but said to the porter, "Fetch the water, we will fill it—the water was brought, and in the act of pouring it in, the prisoner's friend moved round to his right—the prisoner said, "I thought it was not the size, I must think it over again, we had much better call again"—they both hurriedly went towards the door, and left the shop, which excited my suspicion—I lifted up the necklet case and the necklet was not there—I ran towards the door, turned to a side street, and saw the prisoner running as hard as he could—I shouted "Stop thief!"—he darted into Hungerford-market, turned into a cigar shop, and threw himself into a corner like a ball, so that I had gone in in a hurry I should not have seen him—I had the door closed and accused him immediately of stealing a brilliant bird necklet—he said, "Sir, you are mistaken"—the mob round the door fetched in the police, and I gave him in charge—there were no other customers in the shop, but Mr. and Mrs. Attenborough, and their nephew, passed through—I am perfectly sure the prisoner is the man.</p>
<xptr type="pageFacsimile" doc="186112160049"/>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BEST</hi>.
<hi rend="italic">Q.</hi> Was not the man in the shop handing him a cigar to smoke?
<hi rend="italic">A.</hi> He was with his back towards me picking up a piece of wood—I should have taken a light from the counter—the two men were not in the shop more than five minutes, if so long, trying the tea-pot and inspecting it; six minutes at the outside, as the necklet was decided upon at once—I am quite sure the two men were the same as those that came at first—they both came in together as at first—I never spoke to the other one—the prisoner was my customer—the necklet was put on the counter close by me, and the prisoner was close to it; there was only the distance of the counter between us—they were both close together—the prisoner was nearest to the necklet—I kept my eye upon it of course—I was only showing one article—I shut the lid, and was in the act of packing it up when my attention was taken off by the kettle—it was in the opposite window—the porter got it out; he is not here, it did not take him three seconds to get it—some water was fetched, and my eyes were on both the articles—I am quite positive that nobody came in while I had one eye on the tea-pot, and the other on the necklet—I lost sight of them both when they went out—I was, of course, excited at losing such an ornament, but I was quite clear—no necklet was found on the prisoner.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-136" type="witnessName">
<interp inst="t18611216-name-136" type="gender" value="male"/>
<interp inst="t18611216-name-136" type="surname" value="ROBINSON"/>
<interp inst="t18611216-name-136" type="given" value="MATTHEW"/>MATTHEW ROBINSON</persName> </hi> (
<hi rend="italic">Policeman, F</hi> 166). On Saturday afternoon, 16th November, I went into a shop in Hungerford-market, and the prisoner was given into my charge by the last witness, who charged him with stealing a diamond necklet—I took him to the station, searched him, and found a gold watch and guard, and locket, 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., a cigar case, tooth pick, and pocket-handkerchief—he refused to give his place of residence.</p>
<hi rend="smallCaps">
<rs id="t18611216-111-verdict-1" type="verdictDescription">
<interp inst="t18611216-111-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611216-111-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">He was further charged with having been before convicted at Lambeth Police-court, in June</hi>, 1849,
<hi rend="italic">by the name of
<rs id="t18611216-alias-2" type="alias">Thomas Brooks</rs>; to which he pleaded guilty, upon which the Jury found a verdict of</hi> </p>
<hi rend="smallCaps">GUILTY</hi>.—
<hi rend="italic">
<rs id="t18611216-111-punishment-25" type="punishmentDescription">
<interp inst="t18611216-111-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t18611216-111-punishment-25" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-111-18611216 t18611216-111-punishment-25"/>Three Years Penal Servitude. There were two other similar indictments against the prisoner</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18611216-112">
<interp inst="t18611216-112" type="uri" value="sessionsPapers/18611216"/>
<interp inst="t18611216-112" type="date" value="18611216"/>
<join result="criminalCharge" id="t18611216-112-charge-1" targOrder="Y" targets="def1-112-18611216 t18611216-112-offence-1 t18611216-112-verdict-1"/>
<persName id="def1-112-18611216" type="defendantName">
<interp inst="def1-112-18611216" type="gender" value="male"/>
<interp inst="def1-112-18611216" type="age" value="58"/>
<interp inst="def1-112-18611216" type="surname" value="CATER"/>
<interp inst="def1-112-18611216" type="given" value="WILLIAM"/>
<interp inst="def1-112-18611216" type="occupation" value="seaman"/>
<hi rend="largeCaps">WILLIAM CATER</hi> (58)</persName>
<rs id="t18611216-112-offence-1" type="offenceDescription">
<interp inst="t18611216-112-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18611216-112-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, Stealing 2 sleeves, and 2 collars, value 2
<hi rend="italic">s</hi>. of
<persName id="t18611216-name-138" type="victimName">
<interp inst="t18611216-name-138" type="gender" value="male"/>
<interp inst="t18611216-name-138" type="surname" value="SCHMITS"/>
<interp inst="t18611216-name-138" type="given" value="LOUISA"/>
<join result="offenceVictim" targOrder="Y" targets="t18611216-112-offence-1 t18611216-name-138"/>Lousia Sohmits</persName>, in a
<placeName id="t18611216-geo-1">
<join result="offencePlace" targOrder="Y" targets="t18611216-112-offence-1 t18611216-geo-1"/>vessel on the Thames</placeName>.</rs> </p>
<hi rend="smallCaps">MR. COQPER</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18611216-name-139" type="witnessName">
<interp inst="t18611216-name-139" type="gender" value="male"/>
<interp inst="t18611216-name-139" type="surname" value="MOGG"/>
<interp inst="t18611216-name-139" type="given" value="THOMAS EDWARD"/>THOMAS EDWARD MOGG</persName> </hi>. I am examining officer of Customs at Graves
<lb/>end—on the evening of 16th November, I boarded the steamer Seine from Boulonge to Gravesend at about 5 in the evening—the prisoner was a sea
<lb/>man on board that vessel—it was my duty to examine the passengers' lug
<lb/>gage—I examined it in midships, and the prisoner was employed to carry it aft—after I had examined a box, which proves to belong to Miss Sehmits, I gave it to the prisoner to take it aft, where all goods are deposited after undergoing examination—he threw it down, whether wilfully or not I do not know, but I believe so, and several of the articles fell on the deck—I went aft, picked them up, put them carefully in the box, and put the lid on—I remonstrated with the prisoner, and told him if it occurred again I should complain to the captain—five or ten minutes elapsed when I saw the prisoner slowy and deliberately go to the identical box, raise the lid, take several articles and put them in his pocket—I walked aft to him and ordered him to the gangway, then in the presence of Miss Schmits and several other passengers, I ordered him to deliver up the goods he had stolen from the box—he said I have not touched the box since—I said, "I saw you take several things from the box, and if you do not give them up voluntarily, I shall be compelled to take them from you"—he begged my pardon, and said that he trusted 1 would not report him—I again ordered him to take the things out</p>
<xptr type="pageFacsimile" doc="186112160050"/>
<p>of his pocket, and he produced two sleeves, and two collars, which Miss Schmitz recognised as her property—on the arrival of the vessel at Freeh
<lb/>wharf, I communicated the whole facts to the captain of the vessel.</p>
<hi rend="italic">Prisoner.</hi> He has made a very great mistake in saying that he saw me put the things in my pocket, after the box broke, I never went near it; I never had it in my charge, and never saw him put the things in.
<hi rend="italic">Witness.</hi> When I remonstrated with you, I said, get a piece of cord and lash this up.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-140" type="witnessName">
<interp inst="t18611216-name-140" type="gender" value="male"/>
<interp inst="t18611216-name-140" type="surname" value="SCHMITZ"/>
<interp inst="t18611216-name-140" type="given" value="LOUISE"/>LOUISE SCHMITZ</persName> </hi>. I am single, and live at 168, Albany-street, Regent's-park—on 16th November, I was a passenger on board the
<hi rend="italic">Seine</hi>, and was present when Mr. Mogg spoke to the prisoner, I was standing at my lug
<lb/>gage, and was called to see my things examined—I had a bandbox on board, in which were several sleeves and collars—I heard Mr. Mogg accuse the prisoner, he then asked me whether I identified the articles which were taken from the prisoner's hand—I said, yes; they were two collars and two sleeves which had been in my band-box.</p>
<hi rend="smallCaps">
<persName id="t18611216-name-141" type="witnessName">
<interp inst="t18611216-name-141" type="gender" value="male"/>
<interp inst="t18611216-name-141" type="surname" value="PACKMAN"/>
<interp inst="t18611216-name-141" type="given" value="ROBERT"/>ROBERT PACKMAN</persName> </hi>. I am a dective officer of the City-police—in cones
<lb/>quence of information, I searched for the prisoner and found him on 11th. December, in George-street, Minories—I told him I was a police-officer, and took him for stealing, on 16th November, from a box on board the vessel
<hi rend="italic">Seine</hi>, between Boulogne and London, some sleeves and other articles belonging to a lady—the prisoner said, "I picked some things up, but did not steal them."</p>
<hi rend="italic">The Prisoner's statement before the Magistrate was here read at follows:</hi> "I had made rather too free with the bottle and the glass.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">THOMAS EDWARD MOGG</hi>.
<hi rend="italic">Q.</hi> Was the prisoner sober?
<hi rend="italic">A.</hi> I do not think he was exactly; he was a little under the influence of drink, but nothing to prevent his knowing what he was about—he knew perfectly well, especially after my remonstrating with him.</p>
<hi rend="italic">Prisoner's Defence.</hi> I picked the things up on deck, and as soon as the officer asked me for them I gave them to him. If I had known there would have, been any noise about it I should have given myself up long before. The Captain would give me a character, but has been obliged to go away—a gentleman has been here two days to speak on my behalf. I have lost my situation.</p>
<hi rend="smallCaps">
<rs id="t18611216-112-verdict-1" type="verdictDescription">
<interp inst="t18611216-112-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18611216-112-verdict-1" type="verdictSubcategory" value="withRecommendation"/>GUILTY</rs> </hi>.—
<hi rend="italic">Recommended to mercy by the Jury.—
<rs id="t18611216-112-punishment-26" type="punishmentDescription">
<interp inst="t18611216-112-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t18611216-112-punishment-26" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-112-18611216 t18611216-112-punishment-26"/>Confined Three Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18611216-113">
<interp inst="t18611216-113" type="uri" value="sessionsPapers/18611216"/>
<interp inst="t18611216-113" type="date" value="18611216"/>
<join result="criminalCharge" id="t18611216-113-charge-1" targOrder="Y" targets="def1-113-18611216 t18611216-113-offence-1 t18611216-113-verdict-1"/>
<persName id="def1-113-18611216" type="defendantName">
<interp inst="def1-113-18611216" type="gender" value="male"/>
<interp inst="def1-113-18611216" type="age" value="25"/>
<interp inst="def1-113-18611216" type="surname" value="COCKRANE"/>
<interp inst="def1-113-18611216" type="given" value="DAVID"/>
<hi rend="largeCaps">DAVID COCKRANE</hi> (25)</persName>
<rs id="t18611216-113-offence-1" type="offenceDescription">
<interp inst="t18611216-113-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18611216-113-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing 2
<hi rend="italic">s</hi>. in, money the property of
<persName id="t18611216-name-143" type="victimName">
<interp inst="t18611216-name-143" type="gender" value="male"/>
<interp inst="t18611216-name-143" type="surname" value="HELRIGEL"/>
<interp inst="t18611216-name-143" type="given" value="FREDERICK"/>
<join result="offenceVictim" targOrder="Y" targets="t18611216-113-offence-1 t18611216-name-143"/>Frederick Helrigel</persName>, from the person of
<persName id="t18611216-name-144" type="victimName">
<interp inst="t18611216-name-144" type="gender" value="female"/>
<interp inst="t18611216-name-144" type="age" value="11"/>
<interp inst="t18611216-name-144" type="surname" value="HELRIGEL"/>
<interp inst="t18611216-name-144" type="given" value="JANE"/>
<join result="offenceVictim" targOrder="Y" targets="t18611216-113-offence-1 t18611216-name-144"/>Jane Helrigel</persName>.</rs> </p>
<hi rend="smallCaps">
<persName id="t18611216-name-145" type="witnessName">
<interp inst="t18611216-name-145" type="gender" value="female"/>
<interp inst="t18611216-name-145" type="surname" value="HELRIGEL"/>
<interp inst="t18611216-name-145" type="given" value="JANE"/>JANE HELRIGEL</persName> </hi>. I am eleven years old, and live with my parents in Long-lane, West Smithfield—on Saturday night about, a fortnight ago, I was going on an errand fur my father in King-street, Smithfield—I had 2
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>. in my hand, and was going to get some naptha—the prisoner came up and asked me if I was going down there—I said, "Yes"—he said, "There are some thieves down there, they have knocked a little girl down, and stolen half a crown from her," and asked me if I had any money—I said, "Yes"—he asked me to give it to him and he would wrap it up—he would not give it to me till we got to the corner, and then I opened it and there was only threepence in it—I told a policeman, and he walked with me, but the prisoner could not be found—my father sent a gentleman to the station—a gentleman came and fetched me to the station the same night, and I picked the prisoner out from a lot of persons—that was about a week back.</p>
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