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<div1 type="frontMatter" id="f18620707">
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<p>CENTRAL CRIMINAL COURT</p>
<p>Sessions Paper.</p>
<p>CUBITT, MAYOR—SECOND MAYORALTY.</p>
<p>NINTH SESSION, HELD JULY 7TH, 1862.</p>
<p>MINUTES OF EVIDENCE,</p>
<p>TAKEN IN SHORT-HAND BY</p>
<p>JAMES DROVER BARNETT</p>
<p>AND</p>
<p>ALEXANDER BUCKLER,</p>
<p>Short-hand Writers to the Court.</p>
<p>ROLLS CHAMBERS, No. 89, CHANCERY LANE.</p>
<p>THE POINTS OF LAW AND PRACTICE,</p>
<p>REVISED AND EDITED BY</p>
<p>ROBERT ORRIDGE, ESQ.</p>
<p>OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.</p>
<p>LONDON:</p>
<p>BUTTERWORTHS, 7, FLEET STREET,</p>
<p>Lam Publishers to the Queen's Most Excellent Majesty.</p>
<xptr type="pageFacsimile" doc="186207070002"/>
<p>THE</p>
<p>WHOLE PROCEEDINGS</p>
<p>On the Queen's Commission of</p>
<p>OYER AND TERMINER AND GAOL DELIVERY,</p>
<p>FOR</p>
<p>The City of London,</p>
<p>AND GAOL DELIVERY FOR THE</p>
<p>COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION</p>
<p>OF THE</p>
<p>CENTRAL CRIMINAL COURT,</p>
<p>Held on Monday, July 7th, 1862, and following days.</p>
<p>
<hi rend="smallCaps">BEFORE</hi>. the Right Hon.
<hi rend="largeCaps">WILLIAM CUBITT</hi>, Lord Mayor of the City of London; Sir William Wightman, Knt.; and Sir Charles Crompton, Knt., two of the Justices of Her Majesty's Court of Queen's Bench; Sir James Duke, Bart., M.P.; Sir Francis Graham Moon, Bart, F.S.A.;
<persName id="t18620707-name-1" type="judiciaryName">
<interp inst="t18620707-name-1" type="gender" value="male"/>
<interp inst="t18620707-name-1" type="surname" value="CARDEN"/>
<interp inst="t18620707-name-1" type="given" value="ROBERT WALTER"/>Sir Robert Walter Carden</persName>, Knt.; and
<persName id="t18620707-name-2" type="judiciaryName">
<interp inst="t18620707-name-2" type="gender" value="male"/>
<interp inst="t18620707-name-2" type="surname" value="CARTER"/>
<interp inst="t18620707-name-2" type="given" value="JOHN"/>John Carter</persName>, Esq., Aldermen of the said City; Russell Gurney, Esq., Q.C. Recorder of the said City; William Anderson Rose, Esq.; Warren Stormes Hale, Esq.; William Ferneley Allen, Esq.; John Joseph Mechi, Esq.; Thomas Dakin, Esq.; and Robert Besley, Esq.; Aldermen of the said City; Thomas Chambers, Esq., Common Serjeant of the said City; and
<persName id="t18620707-name-3" type="judiciaryName">
<interp inst="t18620707-name-3" type="gender" value="male"/>
<interp inst="t18620707-name-3" type="surname" value="KERR"/>
<interp inst="t18620707-name-3" type="given" value="ROBERT MALCOLM"/>Robert Malcolm Kerr</persName>, Esq., Judge of the Sheriff's Court of the said City; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.</p>
<p>
<hi rend="smallCaps">GEORGE JOSEPH COOKERNELL</hi>, Esq.</p>
<p>
<hi rend="smallCaps">WILLIAM HOLME TWENTYMAN</hi>, Esq.</p>
<p>
<hi rend="italic">Sheriffs.</hi> </p>
<p>
<hi rend="smallCaps">FREDERICK FARRAR</hi>, Esq.</p>
<p>
<hi rend="smallCaps">CHARLES GAMMON</hi>, Esq.</p>
<p>
<hi rend="italic">Under-Sheriffs.</hi> </p>
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<p>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<p>
<hi rend="largeCaps">CUBITT, MAYOR SECOND MAYORALTY</hi>.</p>
<p>
<hi rend="largeCaps">NINTH SESSION</hi>.</p>
<p>
<hi rend="italic">A star</hi> (*)
<hi rend="italic">denotes that prisoners have been previously in custody—two stars</hi> (**)
<hi rend="italic">that they have been more than once in custody—an oblisk</hi>
<hi rend="italic">that they are known to be the associates of bad characters—the figures after the name in the indictment, denote the prisoner's age.</hi> </p>
<p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Monday, July</hi> 7
<hi rend="italic">th,</hi> 1862.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>—The Right Hon. the
<hi rend="largeCaps">LORD MAYOR</hi>; Sir
<hi rend="smallCaps">FRANCIS GRAHAM MOON</hi>, Bart. Ald.; Sir
<hi rend="smallCaps">ROBERT WALTER CARDEN</hi>, Knt. Ald.; Mr.
<hi rend="smallCaps">RECORDER</hi>;</p>
<p>Mr. Ald.
<hi rend="smallCaps">HALE</hi>; and Mr. Ald.
<hi rend="smallCaps">BESLEY</hi>.</p>
<p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
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<p>717.
<persName id="def1-717-18620707" type="defendantName">
<interp inst="def1-717-18620707" type="gender" value="male"/>
<interp inst="def1-717-18620707" type="age" value="17"/>
<interp inst="def1-717-18620707" type="surname" value="BARNETT"/>
<interp inst="def1-717-18620707" type="given" value="MARK"/>
<hi rend="largeCaps">MARK BARNETT</hi> (17)</persName>,
<persName id="def2-717-18620707" type="defendantName">
<interp inst="def2-717-18620707" type="gender" value="male"/>
<interp inst="def2-717-18620707" type="age" value="15"/>
<interp inst="def2-717-18620707" type="surname" value="HOARE"/>
<interp inst="def2-717-18620707" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES HOARE</hi> (15)</persName>, and
<persName id="def3-717-18620707" type="defendantName">
<interp inst="def3-717-18620707" type="gender" value="male"/>
<interp inst="def3-717-18620707" type="age" value="18"/>
<interp inst="def3-717-18620707" type="surname" value="SWEETLOVE"/>
<interp inst="def3-717-18620707" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY SWEETLOVE</hi> (18)</persName>, were indicted for
<rs id="t18620707-717-offence-1" type="offenceDescription">
<interp inst="t18620707-717-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18620707-717-offence-1" type="offenceSubcategory" value="pocketpicking"/> stealing 1 pair of eye-glasses, the property of
<persName id="t18620707-name-7" type="victimName">
<interp inst="t18620707-name-7" type="gender" value="male"/>
<interp inst="t18620707-name-7" type="surname" value="WILSON"/>
<interp inst="t18620707-name-7" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18620707-717-offence-1 t18620707-name-7"/>James Wilson</persName>, from his person.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-8" type="witnessName">
<interp inst="t18620707-name-8" type="gender" value="male"/>
<interp inst="t18620707-name-8" type="surname" value="WILSON"/>
<interp inst="t18620707-name-8" type="given" value="JAMES"/>JAMES WILSON</persName> </hi>. I keep the Constitution public-house, in Drury-lane—a little after 7, on the evening of 26th May, I left my house and went into Tottenham-court-road—I had a pair of gold spectacles round my neck with a guard, and in my pocket—as I was going along Great Earl-street, I was suddenly tripped up, and fell down on my face, and hurt myself considerably—I was so stunned and insensible from loss of blood that I did not recover myself for some time; when I came to myself, the spectacles and guard were gone—they had pulled it over my head.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-9" type="witnessName">
<interp inst="t18620707-name-9" type="gender" value="female"/>
<interp inst="t18620707-name-9" type="surname" value="FARLEY"/>
<interp inst="t18620707-name-9" type="given" value="MARY"/>MARY FARLEY</persName> </hi>. I am a widow, living at 23, Great Earl-street—on the evening of 26th May, I was standing at my door, and saw the prosecutor bleeding very much from the nose—I advised him to be taken to the doctor's—when I got my hand on his shoulder, a young man, whose face I did not see, came up and said, "This is the way to the doctor's"—several came up then together, pushed him across the road, and tripped him up—I went across and said, "You ought to be ashamed of yourselves treating a gentleman in that manner; you are robbing of him"—I saw them lean over him, and take, as I thought, his watch from him; but it was his gold spectacles—Hoare is the one that received the spectacles and ran away; the other two men were leaning over him when I said they were robbing him and they all and I mentioned what I had seen.</p>
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<p>
<hi rend="smallCaps">
<persName id="t18620707-name-10" type="witnessName">
<interp inst="t18620707-name-10" type="gender" value="male"/>
<interp inst="t18620707-name-10" type="surname" value="LAFFIN"/>
<interp inst="t18620707-name-10" type="given" value="PAUL"/>PAUL LAFFIN</persName> </hi>. I keep a public-house in Seven Dials—on 26th May, was called up from my cellar, and saw Mr. Wilson at my door—I took charge of him—he was covered with blood, which was running into his mouth and on to his shirt—he appeared stunned but was perfectly sober.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-11" type="witnessName">
<interp inst="t18620707-name-11" type="gender" value="female"/>
<interp inst="t18620707-name-11" type="surname" value="RUSSELL"/>
<interp inst="t18620707-name-11" type="given" value="MARGARET"/>MARGARET RUSSELL</persName> </hi>. I am the wife of Philip Russell, of 4, Little White Lion-street—between 7 and 8 o'clock, on 23th May, I was sweeping in front of my house, and saw several boys running away—Hoare is the one I saw first, with the spectacles in his hand, and the others were following him—I saw him pass them to a another boy who is not here.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-12" type="witnessName">
<interp inst="t18620707-name-12" type="gender" value="male"/>
<interp inst="t18620707-name-12" type="surname" value="ACKRILL"/>
<interp inst="t18620707-name-12" type="given" value="WILLIAM"/>WILLIAM ACKRILL</persName> </hi> (
<hi rend="italic">Policeman, F</hi> 48). On 27th May, I received informa
<lb/>tion from Mrs. Farley and Mr. Laffin, in consequence of which I appre
<lb/>hended Barnett and Sweetlove in a coffee-house on that day—I told them I should take them into custody for robbing an old gentleman of his eye-glass—they said, "All right; it was not us that took it"—at the station they said, "You might as well have taken Curtis and Hagan"—on 3d June, I saw Hoare in Five Dials, and told him I should take him into custody for robbing an old gentleman of an eye-glass—he said, "They put it in my pocket and told me to run away; I gave it to Hagan, and he sold it for 8
<hi rend="italic">s</hi>. in King-street, and I only had 1
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. out of it"—I know Hoare by the name of Curtis.</p>
<p>
<hi rend="italic">Hoare.</hi> I did not speak to the officer; I did not know what he was taking me for; I thought it was for fighting with some boys in the other street; I am innocent.</p>
<p>
<hi rend="italic">Sweetlove's Defence.</hi> I am working honestly for my living.</p>
<p>
<hi rend="largeCaps">BARNETT</hi>.—
<hi rend="smallCaps">
<rs id="t18620707-717-verdict-1" type="verdictDescription">
<interp inst="t18620707-717-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18620707-717-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.†—
<hi rend="italic">
<rs id="t18620707-717-punishment-1" type="punishmentDescription">
<interp inst="t18620707-717-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t18620707-717-punishment-1" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-717-18620707 t18620707-717-punishment-1"/>Three Years' Penal Servitude.</rs> </hi> </p>
<p>
<hi rend="largeCaps">HOARE</hi>.—
<hi rend="smallCaps">
<rs id="t18620707-717-verdict-2" type="verdictDescription">
<interp inst="t18620707-717-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18620707-717-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.**†—
<hi rend="italic">
<rs id="t18620707-717-punishment-2" type="punishmentDescription">
<interp inst="t18620707-717-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18620707-717-punishment-2" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-717-18620707 t18620707-717-punishment-2"/>Five Years' Penal Servitude.</rs> </hi> </p>
<p>
<hi rend="largeCaps">SWEETLOVE</hi>.—
<hi rend="smallCaps">
<rs id="t18620707-717-verdict-3" type="verdictDescription">
<interp inst="t18620707-717-verdict-3" type="verdictCategory" value="guilty"/>
<interp inst="t18620707-717-verdict-3" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.†—
<hi rend="italic">
<rs id="t18620707-717-punishment-3" type="punishmentDescription">
<interp inst="t18620707-717-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18620707-717-punishment-3" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-717-18620707 t18620707-717-punishment-3"/>Four Years' Penal Servitude.</rs> </hi> </p> </div1>
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<p>718.
<persName id="def1-718-18620707" type="defendantName">
<interp inst="def1-718-18620707" type="gender" value="male"/>
<interp inst="def1-718-18620707" type="age" value="39"/>
<interp inst="def1-718-18620707" type="surname" value="PEEK"/>
<interp inst="def1-718-18620707" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE PEEK</hi> (39)</persName>
<rs id="t18620707-718-offence-1" type="offenceDescription">
<interp inst="t18620707-718-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18620707-718-offence-1" type="offenceSubcategory" value="fraud"/>, Unlawfully obtaining, by false pretences, 32lbs. of beef, with intent to defraud; to which he</rs> </p>
<p>
<rs id="t18620707-718-verdict-1" type="verdictDescription">
<interp inst="t18620707-718-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18620707-718-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>
<hi rend="smallCaps">PLEADED GUILY</hi> </rs>.—
<rs id="t18620707-718-punishment-4" type="punishmentDescription">
<interp inst="t18620707-718-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18620707-718-punishment-4" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-718-18620707 t18620707-718-punishment-4"/>
<hi rend="italic">Confined Nine Months.</hi> </rs> </p> </div1>
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<p>719.
<persName id="def1-719-18620707" type="defendantName">
<interp inst="def1-719-18620707" type="gender" value="male"/>
<interp inst="def1-719-18620707" type="age" value="20"/>
<interp inst="def1-719-18620707" type="surname" value="MC CARTHY"/>
<interp inst="def1-719-18620707" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN Mc CARTHY</hi> (20)</persName>
<rs id="t18620707-719-offence-1" type="offenceDescription">
<interp inst="t18620707-719-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18620707-719-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing 1 handkerchief value 2
<hi rend="italic">s</hi>. the property of a man unknown, from his person; to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18620707-719-verdict-1" type="verdictDescription">
<interp inst="t18620707-719-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18620707-719-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18620707-719-punishment-5" type="punishmentDescription">
<interp inst="t18620707-719-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18620707-719-punishment-5" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-719-18620707 t18620707-719-punishment-5"/>Confined Six Months</rs>.</hi> </p> </div1>
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<p>720.
<persName id="def1-720-18620707" type="defendantName">
<interp inst="def1-720-18620707" type="gender" value="male"/>
<interp inst="def1-720-18620707" type="age" value="33"/>
<interp inst="def1-720-18620707" type="surname" value="HUGHES"/>
<interp inst="def1-720-18620707" type="given" value="RICHARD"/>
<hi rend="largeCaps">RICHARD HUGHES</hi> (33)</persName>
<rs id="t18620707-720-offence-1" type="offenceDescription">
<interp inst="t18620707-720-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18620707-720-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, Stealing 1 coat, value 1
<hi rend="italic">l</hi>. and other goods, the property of
<persName id="t18620707-name-16" type="victimName">
<interp inst="t18620707-name-16" type="gender" value="male"/>
<interp inst="t18620707-name-16" type="surname" value="MOUNSTEPHEN"/>
<interp inst="t18620707-name-16" type="given" value="ROBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t18620707-720-offence-1 t18620707-name-16"/>Robert Mountstephen</persName> and others, his masters; to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18620707-720-verdict-1" type="verdictDescription">
<interp inst="t18620707-720-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18620707-720-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18620707-720-punishment-6" type="punishmentDescription">
<interp inst="t18620707-720-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18620707-720-punishment-6" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-720-18620707 t18620707-720-punishment-6"/>Confined Twelve Months</rs>.</hi> </p> </div1>
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<join result="criminalCharge" id="t18620707-721-charge-1" targOrder="Y" targets="def1-721-18620707 t18620707-721-offence-1 t18620707-721-verdict-1"/>
<p>721.
<persName id="def1-721-18620707" type="defendantName">
<interp inst="def1-721-18620707" type="gender" value="female"/>
<interp inst="def1-721-18620707" type="age" value="20"/>
<interp inst="def1-721-18620707" type="surname" value="NEWMAN"/>
<interp inst="def1-721-18620707" type="given" value="ANNIE"/>
<hi rend="largeCaps">ANNIE NEWMAN</hi> (20)</persName>
<rs id="t18620707-721-offence-1" type="offenceDescription">
<interp inst="t18620707-721-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18620707-721-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing 1 purse and 17
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. the property of
<persName id="t18620707-name-18" type="victimName">
<interp inst="t18620707-name-18" type="gender" value="male"/>
<interp inst="t18620707-name-18" type="surname" value="POTTER"/>
<interp inst="t18620707-name-18" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18620707-721-offence-1 t18620707-name-18"/>William Potter</persName>, from his person; to which she</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18620707-721-verdict-1" type="verdictDescription">
<interp inst="t18620707-721-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18620707-721-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18620707-721-punishment-7" type="punishmentDescription">
<interp inst="t18620707-721-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18620707-721-punishment-7" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-721-18620707 t18620707-721-punishment-7"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18620707-722">
<interp inst="t18620707-722" type="uri" value="sessionsPapers/18620707"/>
<interp inst="t18620707-722" type="date" value="18620707"/>
<join result="criminalCharge" id="t18620707-722-charge-1" targOrder="Y" targets="def1-722-18620707 t18620707-722-offence-1 t18620707-722-verdict-1"/>
<p>722.
<persName id="def1-722-18620707" type="defendantName">
<interp inst="def1-722-18620707" type="gender" value="male"/>
<interp inst="def1-722-18620707" type="age" value="61"/>
<interp inst="def1-722-18620707" type="surname" value="BENNETT"/>
<interp inst="def1-722-18620707" type="given" value="EDWARD"/>
<hi rend="largeCaps">EDWARD BENNETT</hi> (61)</persName>
<rs id="t18620707-722-offence-1" type="offenceDescription">
<interp inst="t18620707-722-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18620707-722-offence-1" type="offenceSubcategory" value="burglary"/>, Burglariously breaking and entering the dwelling-house of
<persName id="t18620707-name-20" type="victimName">
<interp inst="t18620707-name-20" type="gender" value="male"/>
<interp inst="t18620707-name-20" type="surname" value="KITSON"/>
<interp inst="t18620707-name-20" type="given" value="ROBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t18620707-722-offence-1 t18620707-name-20"/>Robert Kitson</persName>, and stealing therein 2 silver cruet tops and other articles, having been previously convicted; to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18620707-722-verdict-1" type="verdictDescription">
<interp inst="t18620707-722-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18620707-722-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18620707-722-punishment-8" type="punishmentDescription">
<interp inst="t18620707-722-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18620707-722-punishment-8" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-722-18620707 t18620707-722-punishment-8"/>Four Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18620707-723">
<interp inst="t18620707-723" type="uri" value="sessionsPapers/18620707"/>
<interp inst="t18620707-723" type="date" value="18620707"/>
<join result="criminalCharge" id="t18620707-723-charge-1" targOrder="Y" targets="def1-723-18620707 t18620707-723-offence-1 t18620707-723-verdict-1"/>
<p>723.
<persName id="def1-723-18620707" type="defendantName">
<interp inst="def1-723-18620707" type="gender" value="male"/>
<interp inst="def1-723-18620707" type="age" value="23"/>
<interp inst="def1-723-18620707" type="surname" value="JOHNSON"/>
<interp inst="def1-723-18620707" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS JOHNSON</hi> (23)</persName>
<rs id="t18620707-723-offence-1" type="offenceDescription">
<interp inst="t18620707-723-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18620707-723-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery, with violence, on
<persName id="t18620707-name-22" type="victimName">
<interp inst="t18620707-name-22" type="gender" value="female"/>
<interp inst="t18620707-name-22" type="surname" value="NORRIS"/>
<interp inst="t18620707-name-22" type="given" value="SARAH"/>
<join result="offenceVictim" targOrder="Y" targets="t18620707-723-offence-1 t18620707-name-22"/>Sarah Norris</persName>, and stealing from her a reticule and 9
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>. in money, the property of
<persName id="t18620707-name-23" type="victimName">
<interp inst="t18620707-name-23" type="gender" value="male"/>
<interp inst="t18620707-name-23" type="surname" value="NORRIS"/>
<interp inst="t18620707-name-23" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18620707-723-offence-1 t18620707-name-23"/>Thomas Norris</persName>.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-24" type="witnessName">
<interp inst="t18620707-name-24" type="gender" value="female"/>
<interp inst="t18620707-name-24" type="surname" value="NORRIS"/>
<interp inst="t18620707-name-24" type="given" value="SARAH"/>SARAH NORRIS</persName> </hi>. I am the wife of Thomas Norris, of 72, Market-street, Paddington—on 28th June, about 9 o'clock, I was walking along Drury-lane;</p>
<xptr type="pageFacsimile" doc="186207070005"/>
<p>two persons came up to me; the prisoner is one of them—he snatched my bag from me—I tried to keep it, struggled with him for a few minutes, and he broke the chain—I attempted to follow him, and ran down Porter-street after him, till some one behind me called me, stopped me, and thumped me in the chest—my bag contained a lace fall, a cap-front, a key, some elastic, and 9
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>. in money—I gave a description of the person who had taken it, to the constable—I saw him distinctly coming up to me, before he came to me—I did not see him again till Sunday night—this was on Saturday—I saw him at Bow-street police-court, with seven other persons, and picked him out.</p>
<p>
<hi rend="italic">Prisoner.</hi> I was not out after 8 o'clock.</p>
<p>
<hi rend="largeCaps">RICHARD CROWTHER</hi> (
<hi rend="italic">Policeman, F</hi> 61). The last witness gave me a description, in consequence of which I apprehended the prisoner at half-past 3 in the afternoon on 29th—I told him he must come with me—I did not tell him what for—I had seen him on the Saturday night, about ten minutes to 9, in Drury-lane, about five or seven minutes before the robbery took place, before I received the information, with another man—that was about thirty yards from the spot where the prosecutrix was robbed, I should say.</p>
<p>
<hi rend="smallCaps">
<rs id="t18620707-723-verdict-1" type="verdictDescription">
<interp inst="t18620707-723-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18620707-723-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. (
<hi rend="italic">See page</hi> 284.)</p> </div1>
<div1 type="trialAccount" id="t18620707-724">
<interp inst="t18620707-724" type="uri" value="sessionsPapers/18620707"/>
<interp inst="t18620707-724" type="date" value="18620707"/>
<join result="criminalCharge" id="t18620707-724-charge-1" targOrder="Y" targets="def1-724-18620707 t18620707-724-offence-1 t18620707-724-verdict-1"/>
<p>724.
<persName id="def1-724-18620707" type="defendantName">
<interp inst="def1-724-18620707" type="gender" value="male"/>
<interp inst="def1-724-18620707" type="age" value="47"/>
<interp inst="def1-724-18620707" type="surname" value="WARNER"/>
<interp inst="def1-724-18620707" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY WARNER</hi> (47)</persName>
<rs id="t18620707-724-offence-1" type="offenceDescription">
<interp inst="t18620707-724-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18620707-724-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 1 egg-stand, value 3
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. the property of
<persName id="t18620707-name-26" type="victimName">
<interp inst="t18620707-name-26" type="gender" value="male"/>
<interp inst="t18620707-name-26" type="surname" value="EGLISE"/>
<interp inst="t18620707-name-26" type="given" value="JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t18620707-724-offence-1 t18620707-name-26"/>Joseph Eglise</persName>.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-27" type="witnessName">
<interp inst="t18620707-name-27" type="gender" value="male"/>
<interp inst="t18620707-name-27" type="surname" value="RICE"/>
<interp inst="t18620707-name-27" type="given" value="EDWARD PERCY"/>EDWARD PERCY RICE</persName> </hi>. I am servant to Mr. Joseph Eglise, a silversmith, of Cornhill—on 20th June, about 10 in the morning, I heard our door-bell ring—I saw the prisoner in the act of taking an egg-frame off the counter at the back of the shop, and run out of the shop with it—I ran after him, found him in Change-alley, and gave him in custody.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> What do you suppose was the distance?
<hi rend="italic">A.</hi> Between twenty and thirty yards—the value of the article is 3
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-28" type="witnessName">
<interp inst="t18620707-name-28" type="gender" value="male"/>
<interp inst="t18620707-name-28" type="surname" value="HUTCHINS"/>
<interp inst="t18620707-name-28" type="given" value="WILLIAM JAMES"/>WILLIAM JAMES HUTCHINS</persName> </hi> (
<hi rend="italic">City-policeman,</hi> 478). The prisoner was given into my custody by the last witness, in Change-alley—I saw this egg-frame (
<hi rend="italic">produced</hi>) under his coat when I came up.</p>
<p>
<hi rend="italic">Prisoner.</hi> I shall not make any defence.</p>
<p>
<hi rend="smallCaps">
<rs id="t18620707-724-verdict-1" type="verdictDescription">
<interp inst="t18620707-724-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18620707-724-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18620707-724-punishment-9" type="punishmentDescription">
<interp inst="t18620707-724-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18620707-724-punishment-9" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-724-18620707 t18620707-724-punishment-9"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18620707-725">
<interp inst="t18620707-725" type="uri" value="sessionsPapers/18620707"/>
<interp inst="t18620707-725" type="date" value="18620707"/>
<join result="criminalCharge" id="t18620707-725-charge-1" targOrder="Y" targets="def1-725-18620707 t18620707-725-offence-1 t18620707-725-verdict-1"/>
<p>725.
<persName id="def1-725-18620707" type="defendantName">
<interp inst="def1-725-18620707" type="gender" value="male"/>
<interp inst="def1-725-18620707" type="age" value="19"/>
<interp inst="def1-725-18620707" type="surname" value="TAYLOR"/>
<interp inst="def1-725-18620707" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN TAYLOR</hi> (19)</persName>
<rs id="t18620707-725-offence-1" type="offenceDescription">
<interp inst="t18620707-725-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18620707-725-offence-1" type="offenceSubcategory" value="animalTheft"/>, Stealing 1 cwe and 1 sheep, the property of
<persName id="t18620707-name-30" type="victimName">
<interp inst="t18620707-name-30" type="gender" value="male"/>
<interp inst="t18620707-name-30" type="surname" value="TULLY"/>
<interp inst="t18620707-name-30" type="given" value="EDMUND"/>
<join result="offenceVictim" targOrder="Y" targets="t18620707-725-offence-1 t18620707-name-30"/>Edmund Tully</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MR. WILLIAMS</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-31" type="witnessName">
<interp inst="t18620707-name-31" type="gender" value="male"/>
<interp inst="t18620707-name-31" type="surname" value="TULLY"/>
<interp inst="t18620707-name-31" type="given" value="EDMUND"/>EDMUND TULLY</persName> </hi>. I am a drover, and live at 16, Norfolk-terrace, Cubitt's-town, Poplar—on 26th May, I had 193 sheep at the New Metropolitan Market, all marked with my own mark—I saw them into the market—I counted them through—they were penned at 5 o'clock, and I missed three about thirty minutes past 5—I received information, and went to a butcher, named Sayers, in East-lane, Walworth, where I saw the two carcases of mutton; the right bind leg of each sheep had been broken—I afterwards went into the back premises, where I found the skins of two oat of the three sheep—I know them by the marks—they were worth 5
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>.—I had to pay for them—they were intrusted to me to keep—they belonged to Mr. Charles Christian, of Oldham, Hants—they could not by any means have got their legs broken in the pen—there are slaughter-houses at the market called casualty sheds—I have known the prisoner three or four years—he has had no dealings with me—there were several other carcases at Sayers' shop, but of an inferior description—I gave Sayers in custody on the Tuesday—the prisoner is a drover—he had no authority from me to dispose</p>
<xptr type="pageFacsimile" doc="186207070006"/>
<p>of any of the sheep—I can swear to the carcases being mine—I compared the skins with the carcases—on the morning I missed the sheep I saw the prisoner in the market.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. OPPENHEIM</hi>.
<hi rend="italic">Q.</hi> When did you compare the carcases with the skins?
<hi rend="italic">A.</hi> On Tuesday—I was before the Magistrate on the Wednesday—I would not then swear that they were my sheep, but an prepared to swear it now—the bruises were on the shanks of the skins where the knuckle was broken, inside the skin—I could not see the outside because of the wool, and one of the carcases was as though it had had a stroke from a stick—there was no probability of the legs being broken in the pens by fair means—a portion of the wool of one skin was pulled off, as if it was to rub the marks off that it should not be discovered—a leg broken above the knuckle does not diminish the value of the carcase above a farthing a pound—the bone was broken just below the knuckle, but barely below it—these are the two skins (
<hi rend="italic">produced</hi>)—when sheep meet with an injury they are taken to a slaughter-house connected with the market and killed, they are then purchased by a lower order of butchers—they would not fetch as much then as when sold alive in the market—they are not killed there unless they have something amiss with them—I have not found the other sheep.</p>
<p>
<hi rend="smallCaps">MR. WILLIAMS</hi>.
<hi rend="italic">Q.</hi> Did you on any occasion give authority to the prisoner or any other person to take the sheep?
<hi rend="italic">A.</hi> No.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-32" type="witnessName">
<interp inst="t18620707-name-32" type="gender" value="male"/>
<interp inst="t18620707-name-32" type="surname" value="WHEELER"/>
<interp inst="t18620707-name-32" type="given" value="JOHN"/>JOHN WHEELER</persName> </hi>. I am in the employment of Mr. Fairey, a master slaughterman—he has a slaughter-house in Old Smithfield, and one at the New Cattle-market—on 26th May, I saw the carcases of two sheep that had been dressed, hanging up in the slaughter-house—the prisoner came in there about half-past 9—I was having my breakfast, and he looked at the carcases—one of them had the appearance of having been dead eight or nine hours, I should say—one was a very nice sheep—they did not seem fellow sheep, but quite odd—the leg of one was broken, and the fellow leg on the other was very much bruised, as if it had been crushed under the cart—the leg of each sheep was broken; I think it was the right leg; but I know the left leg of one was very much bruised—I said to the prisoner, "Are those your two sheep?"—he said, "Yes"—I said, "What do you ask for them?"—he said, "I have just sold them to Mr. Sayers"—he is a man about the market that purchases a great quantity of sheep—I did not see them taken away—I have seen the prisoner about the market as a drover—I have not seen him there since that—to the best of my belief; these (
<hi rend="italic">produced</hi>) are the skins of those sheep—they were the only two sheep at our slaughter-house that day—the prisoner has not brought sheep there before to my knowledge; but I am not always there—I have never seen him bring sheep when I have been there.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> When sheep get injured or deteriorated and brought to market, they are brought to the slaughter-house, are they not?
<hi rend="italic">A.</hi> Yes, and then killed—some of them then sell for considerably less than if perfect—the drovers generally bring sheep to the slaughter-house; sometimes strangers bring them, whom we have never seen before and never see after
<lb/>wards; that is mere chance work—when the sheep is brought there by the drover and then killed, the drover generally sells it, and has the manage
<lb/>ment of that.</p>
<p>
<hi rend="smallCaps">MR. WILLIAMS</hi>.
<hi rend="italic">Q.</hi> When injured sheep are brought to the slaughter-house, is it by the order of the master drover?
<hi rend="italic">A.</hi> That is the custom—we do not ask them those questions; they bring it in and say, "Here is a</p>
<xptr type="pageFacsimile" doc="186207070007"/>
<p>sheep to dress," and sometimes they come and take it away themselves, and pay the expenses; and sometimes they sell it in the slaughter-house—some
<lb/>times the master drover, sometimes the journeyman drover, and sometimes the master of the sheep, comes and sells it—there is no established rule about that.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-33" type="witnessName">
<interp inst="t18620707-name-33" type="gender" value="male"/>
<interp inst="t18620707-name-33" type="surname" value="GOULD"/>
<interp inst="t18620707-name-33" type="given" value="ROBERT"/>ROBERT GOULD</persName> </hi> (
<hi rend="italic">Police-sergeant, N</hi> 40). I saw the prisoner at Walworth police-station, and charged him with stealing the sheep from the Cattle-market—I cautioned him—he said that he had bought them of a man in the Cattle-market—I asked him the man's name—he said he did not know his name, he was a stranger, but that he should know him again if he saw him—he said he had sold the sheep to Mr. Sayers; but that they were not Mr. Tully's sheep—I am almost constantly on duty at the Cattle-market—I have known him as a drover there, and used to see him about the market almost every market-day, except sometimes in the summer—I have not seen him about there since this transaction.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> When was it that he was in custody?
<hi rend="italic">A.</hi> On 11th June—it was only from 26th May till 11th June that I did not see him.</p>
<p>
<hi rend="smallCaps">MR. OPPENHEIM</hi>.
<hi rend="italic">Q.</hi> Do you know that he was in the habit of going round in the country with sheep at fairs?
<hi rend="italic">A.</hi> Yes; and he deals in this kind of thing.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-34" type="witnessName">
<interp inst="t18620707-name-34" type="gender" value="male"/>
<interp inst="t18620707-name-34" type="surname" value="CORLEY"/>
<interp inst="t18620707-name-34" type="given" value="THOMAS"/>THOMAS CORLEY</persName> </hi> (
<hi rend="italic">Policeman, L</hi> 169). I took the prisoner on 11th June—I found him in the Spread Eagle public-house, White Hart-street, Kennington-cross—I went in and said, "Hallo, Taylor"—he said, "What do you want me for?"—I said, "I suppose you know"—he said, "I don't know; I bought two sheep of a man at the Cattle-market; I sent them to another party and afterwards they said they, were stolen; I have been in the country ever since, and I thought it was all dropped," or "settled; and I am just come up by the train to Vauxhall"—I said, "You will have to come with me to the station, charged with stealing the sheep"—I took him in custody.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Did you know he had got the train from Vauxhall then?
<hi rend="italic">A.</hi> No, except from his own words—Sayers, the butcher, was charged before the Magistrate—I was present at the last hearing, but had nothing to do with the case against Sayers—he was discharged.</p>
<p>
<hi rend="smallCaps">MR. WILLIAMS</hi>.
<hi rend="italic">Q.</hi> A reward was offered for the prisoner, was there not?
<hi rend="italic">A.</hi> Yes; I did not get it—I saw the bills posted—I knew the man that offered it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-35" type="witnessName">
<interp inst="t18620707-name-35" type="gender" value="male"/>
<interp inst="t18620707-name-35" type="surname" value="GRAY"/>
<interp inst="t18620707-name-35" type="given" value="JAMES"/>JAMES GRAY</persName> </hi>. I live at 1, Rundle-street, Caledonian-road, and am em
<lb/>ployed at Fairey's slaughter-house as night watchman—early on this Monday morning, I heard a knock at the door, and after a minute I got up, went to the door, and found a sheep there with its throat out—no person was at the door—I pulled it inside—two of its legs were broken; the two hind ones, I believe—I lay down and afterwards awoke up and saw another sheep lying across the door alive, with its legs broken.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> What time was this?
<hi rend="italic">A.</hi> Between 2 and 3 in the morning when I received the first one—I did not look at any clock—I fancied that was the time—it was quite light; getting daylight—I do not exactly know how long the second was after the first—I have not seen the skins of these sheep since—I had to go to Tottenham after a bullock—I did not see them dressed.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-36" type="witnessName">
<interp inst="t18620707-name-36" type="gender" value="male"/>
<interp inst="t18620707-name-36" type="surname" value="FLETCHER"/>
<interp inst="t18620707-name-36" type="given" value="JAMES"/>JAMES FLETCHER</persName> </hi>. I live at York-road, Battersea, and am a master drover—I have known the prisoner five or six years—he has been a journeyman drover to me, but only for Sunday night work—it was not his duty, to my</p>
<xptr type="pageFacsimile" doc="186207070008"/>
<p>knowledge, to buy or tell cattle—I have several times seen him in company with Sayers—I never knew him to buy cattle or carcases on his own account—I never authorized him to sell any for me—when sheep are maimed, they are taken to the slaughter-house and slaughtered; it is for the master drover to sell them, from the instructions from the salesmen—it is no part of a journeyman drover's business to do so.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Was he employed by you on this Sunday night, 26th may?
<hi rend="italic">A.</hi> Yes, with another, to take a drove of sheep from Nine Elms to the New Cattle-market—it is usual for me to see him the following morning to pay him, and I never saw him until at Kennington-lane—he was not paid at all, but he ought to have been—when maimed sheep are sold at the slaughter-house the master drover or myself receive the money for them—the prisoner had no authority that evening to sell any of my sheep.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Were you at the market that day?
<hi rend="italic">A.</hi> Yes—if my drover found a sheep with a broken leg, he might take it to the slaughter-house—if it was sold there, and I not in the market, it would not be his duty to receive the money—he had no right to sell it unless I gave him authority—it would be his business to take it to the slaughter-house—the drovers do not, to my knowledge, sometimes sell the sheep, when the master drover is not there—I sell sometimes by instructions from the master.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Are you responsible for the sheep?
<hi rend="italic">A.</hi> Yes; and if a sheep suffers any damage or is lost while under my authority, I have to make it good.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-37" type="witnessName">
<interp inst="t18620707-name-37" type="gender" value="male"/>
<interp inst="t18620707-name-37" type="surname" value="SAYERS"/>
<interp inst="t18620707-name-37" type="given" value="THOMAS"/>THOMAS SAYERS</persName> </hi>. I am a butcher at. 4, East-road, Walworth—on 26the May last, I was at the New Cattle-market, and saw the prisoner there against Mr. Russell's pen, at about half-past 8 o'clock in the morning—I had just bought forty-two sheep of Mr. Tulley's master—the prisoner came and said, "Mr. Sayers, will you go down to the slaughter-house and buy two damaged sheep?"—I said, "Yes"—I went with him, and asked what he wanted for them—I saw the two sheep hanging there—they each had a broken leg—one had been lying dead, I should say, three or four hours—it was all green from its kidneys, and quite soft—he asked me 3
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. for them—I told him that was more than the value of them, and bid him 3
<hi rend="italic">l</hi>.—he said he gave the man 3
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. for them himself—I did not ask him where he got them from; it is not a usual thing—I subsequently gave him 3
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. for them—I did not pay for the dressing—I have known the prisoner about the market about six or seven years, buying things and selling them again and getting shillings by them—I was originally given into custody because they were found on my premises—I offered a reward of 20
<hi rend="italic">l</hi>.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> What do you call "buying little things?"
<hi rend="italic">A.</hi> Well, I knew him to buy a cow at the Bricklayers' Arms station, that had died on the road, and get 6
<hi rend="italic">l</hi>. or 7
<hi rend="italic">l</hi>. by it—I have known him go into the country to market—I gave 3
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. for them on the Monday, which was more than the value; they were sold on the Thursday, and I only got 16
<hi rend="italic">s</hi>. for them; it was good weather—a drover will sometimes buy a damaged sheep from his master if he has a little money of his own, and then of course he pays for the dressing if he sells it to a butcher.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you pay him the 3
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>.?
<hi rend="italic">A.</hi> Yes.</p>
<p>
<hi rend="italic">The prisoners statement before the Magistrate was here read as follows:</hi>—"I work for Mr. Fletcher; went to the market with a drove, and helped to pen them; afterwards I was standing by the White Hart, a man drove up in a cart and said, 'Do you know where I can get two sheep dressed?' I said, 'Yes,' and directed him to the slaughter-house, and he asked me to</p>
<xptr type="pageFacsimile" doc="186207070009"/>
<p>show him the way. I had sold a cow, and had got the money in my pocket, and I asked him if he would sell them; he said, 'Yes,' and said they were two sheep that he had run over, and the driver had made him take to them. He asked 3
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.; I offered him 50
<hi rend="italic">s</hi>. and gave him 3
<hi rend="italic">l</hi>. I asked him to take them to Mr. Fairey's slaughter-house, which he did, and I left them there, and when I came back about 8 o'clock in the evening they were dressed. I saw Mr. Sayers about 9; asked him if he would buy two sheep, and he said, 'Yes,' and he went with me to the slaughter-house. I asked Sayers 3
<hi rend="italic">l</hi>. 10
<hi rend="italic">l</hi>. for them, and I sold them for 3
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. I get my living by going about the country, from fair to fair, in the summer time, and that is the reason that I have been absent since I sold the sheep."</p>
<p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">JAMES FLETCHER</hi>.
<hi rend="italic">Q.</hi> Did you see your sheep penned that morning?
<hi rend="italic">A.</hi> No; I was not there at that time—I am generally there between 5 and 6—my sheep were all penned and drawn then—they left Nine Elms about 10 o'clock on the Sunday evening; it might be a little after—it would take them about three hours, I should say, to get to market—they have two or three droves of sheep to draw during the night; as they come up from the country—the prisoner would not have to return to Nine Elms—he would have to meet me on the following morning—I cannot tell what time he arrived at the market.</p>
<p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">THOMAS SAYERS</hi>.
<hi rend="italic">Q.</hi> Do you remember the skins that were found and taken away from your place?
<hi rend="italic">A.</hi> Yes, and the two carcases—I believe the skins belonged to those two carcases; there were no more sheep dressed in the slaughter-house that morning.</p>
<p>
<hi rend="smallCaps">
<rs id="t18620707-725-verdict-1" type="verdictDescription">
<interp inst="t18620707-725-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18620707-725-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18620707-725-punishment-10" type="punishmentDescription">
<interp inst="t18620707-725-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18620707-725-punishment-10" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-725-18620707 t18620707-725-punishment-10"/>Three Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18620707-726">
<interp inst="t18620707-726" type="uri" value="sessionsPapers/18620707"/>
<interp inst="t18620707-726" type="date" value="18620707"/>
<join result="criminalCharge" id="t18620707-726-charge-1" targOrder="Y" targets="def1-726-18620707 t18620707-726-offence-1 t18620707-726-verdict-1"/>
<p>726.
<persName id="def1-726-18620707" type="defendantName">
<interp inst="def1-726-18620707" type="gender" value="male"/>
<interp inst="def1-726-18620707" type="age" value="22"/>
<interp inst="def1-726-18620707" type="surname" value="SCOTTING"/>
<interp inst="def1-726-18620707" type="given" value="JOHN"/>
<interp inst="def1-726-18620707" type="occupation" value="post office worker"/>
<hi rend="largeCaps">JOHN SCOTTING</hi>. (22)</persName>
<rs id="t18620707-726-offence-1" type="offenceDescription">
<interp inst="t18620707-726-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18620707-726-offence-1" type="offenceSubcategory" value="mail"/>, Stealing, whilst employed in the Post-office, a post letter containing money, the property of
<persName id="t18620707-name-39" type="victimName">
<interp inst="t18620707-name-39" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18620707-726-offence-1 t18620707-name-39"/>Her Majesty's Post
<lb/>master General</persName>; to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18620707-726-verdict-1" type="verdictDescription">
<interp inst="t18620707-726-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18620707-726-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18620707-726-punishment-11" type="punishmentDescription">
<interp inst="t18620707-726-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18620707-726-punishment-11" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-726-18620707 t18620707-726-punishment-11"/>Five Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18620707-727">
<interp inst="t18620707-727" type="uri" value="sessionsPapers/18620707"/>
<interp inst="t18620707-727" type="date" value="18620707"/>
<join result="criminalCharge" id="t18620707-727-charge-1" targOrder="Y" targets="def1-727-18620707 t18620707-727-offence-1 t18620707-727-verdict-1"/>
<p>727.
<persName id="def1-727-18620707" type="defendantName">
<interp inst="def1-727-18620707" type="gender" value="male"/>
<interp inst="def1-727-18620707" type="age" value="22"/>
<interp inst="def1-727-18620707" type="surname" value="KNOTT"/>
<interp inst="def1-727-18620707" type="given" value="THOMAS"/>
<interp inst="def1-727-18620707" type="occupation" value="post office worker"/>
<hi rend="largeCaps">THOMAS KNOTT</hi> (22)</persName>
<rs id="t18620707-727-offence-1" type="offenceDescription">
<interp inst="t18620707-727-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18620707-727-offence-1" type="offenceSubcategory" value="mail"/>, Stealing, whilst employed in the Post-office, a letter containing 1 half-sovereign and 5 postage stamps, the property of
<persName id="t18620707-name-41" type="victimName">
<interp inst="t18620707-name-41" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18620707-727-offence-1 t18620707-name-41"/>Her Majesty's Postmaster General</persName>; to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18620707-727-verdict-1" type="verdictDescription">
<interp inst="t18620707-727-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18620707-727-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18620707-727-punishment-12" type="punishmentDescription">
<interp inst="t18620707-727-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18620707-727-punishment-12" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-727-18620707 t18620707-727-punishment-12"/>Three Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18620707-728">
<interp inst="t18620707-728" type="uri" value="sessionsPapers/18620707"/>
<interp inst="t18620707-728" type="date" value="18620707"/>
<join result="criminalCharge" id="t18620707-728-charge-1" targOrder="Y" targets="def1-728-18620707 t18620707-728-offence-1 t18620707-728-verdict-1"/>
<p>728.
<persName id="def1-728-18620707" type="defendantName">
<interp inst="def1-728-18620707" type="gender" value="male"/>
<interp inst="def1-728-18620707" type="age" value="26"/>
<interp inst="def1-728-18620707" type="surname" value="WILLIAMS"/>
<interp inst="def1-728-18620707" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE WILLIAMS</hi> (26)</persName>
<rs id="t18620707-728-offence-1" type="offenceDescription">
<interp inst="t18620707-728-offence-1" type="offenceCategory" value="damage"/>
<interp inst="t18620707-728-offence-1" type="offenceSubcategory" value="other"/>, Feloniously setting fire to part of a stack of hay, value 22
<hi rend="italic">l</hi>., the property of
<persName id="t18620707-name-43" type="victimName">
<interp inst="t18620707-name-43" type="gender" value="female"/>
<interp inst="t18620707-name-43" type="surname" value="GUNNER"/>
<interp inst="t18620707-name-43" type="given" value="ANN"/>
<join result="offenceVictim" targOrder="Y" targets="t18620707-728-offence-1 t18620707-name-43"/>Ann Gunner</persName>; to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18620707-728-verdict-1" type="verdictDescription">
<interp inst="t18620707-728-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18620707-728-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>*—
<hi rend="italic">
<rs id="t18620707-728-punishment-13" type="punishmentDescription">
<interp inst="t18620707-728-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18620707-728-punishment-13" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-728-18620707 t18620707-728-punishment-13"/>Confined Eighteen Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18620707-729">
<interp inst="t18620707-729" type="uri" value="sessionsPapers/18620707"/>
<interp inst="t18620707-729" type="date" value="18620707"/>
<join result="criminalCharge" id="t18620707-729-charge-1" targOrder="Y" targets="def1-729-18620707 t18620707-729-offence-1 t18620707-729-verdict-1"/>
<p>729.
<persName id="def1-729-18620707" type="defendantName">
<interp inst="def1-729-18620707" type="gender" value="male"/>
<interp inst="def1-729-18620707" type="age" value="35"/>
<interp inst="def1-729-18620707" type="surname" value="JOHNSON"/>
<interp inst="def1-729-18620707" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM JOHNSON</hi> (35)</persName>
<rs id="t18620707-729-offence-1" type="offenceDescription">
<interp inst="t18620707-729-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18620707-729-offence-1" type="offenceSubcategory" value="burglary"/>, Burglariously breaking and entering the dwelling-house of
<persName id="t18620707-name-45" type="victimName">
<interp inst="t18620707-name-45" type="gender" value="male"/>
<interp inst="t18620707-name-45" type="surname" value="COLEMAN"/>
<interp inst="t18620707-name-45" type="given" value="JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t18620707-729-offence-1 t18620707-name-45"/>Joseph Coleman</persName>, and stealing therein 3 pairs of trousers and other articles, his property; to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18620707-729-verdict-1" type="verdictDescription">
<interp inst="t18620707-729-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18620707-729-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18620707-729-punishment-14" type="punishmentDescription">
<interp inst="t18620707-729-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18620707-729-punishment-14" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-729-18620707 t18620707-729-punishment-14"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18620707-730">
<interp inst="t18620707-730" type="uri" value="sessionsPapers/18620707"/>
<interp inst="t18620707-730" type="date" value="18620707"/>
<join result="criminalCharge" id="t18620707-730-charge-1" targOrder="Y" targets="def1-730-18620707 t18620707-730-offence-1 t18620707-730-verdict-1"/>
<p>730.
<persName id="def1-730-18620707" type="defendantName">
<interp inst="def1-730-18620707" type="gender" value="male"/>
<interp inst="def1-730-18620707" type="age" value="24"/>
<interp inst="def1-730-18620707" type="surname" value="BRUNEL"/>
<interp inst="def1-730-18620707" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE BRUNEL</hi> (24)</persName>
<rs id="t18620707-730-offence-1" type="offenceDescription">
<interp inst="t18620707-730-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18620707-730-offence-1" type="offenceSubcategory" value="other"/>, Feloniously being at large without law
<lb/>ful excuse before the expiration of the term for which he had been sentenced to penal servitude.</rs> </p>
<p>
<hi rend="smallCaps">MR. OPPENHEIM</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-47" type="witnessName">
<interp inst="t18620707-name-47" type="gender" value="male"/>
<interp inst="t18620707-name-47" type="surname" value="WHITE"/>
<interp inst="t18620707-name-47" type="given" value="HENRY"/>HENRY WHITE</persName> </hi> (
<hi rend="italic">Policeman, P</hi> 111). I produce a certificate of the prisoner's conviction at the last Kingston Assizes—(
<hi rend="italic">Read: George Brunel, convicted at Kingston, March, 1862, of burglary, and sentenced to Six Years' Penal Servi
<lb/>tude"</hi>)—I was present—the prisoner is the person.</p>
<p>
<hi rend="italic">Prisoner.</hi> I do not deny it.</p>
<xptr type="pageFacsimile" doc="186207070010"/>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-48" type="witnessName">
<interp inst="t18620707-name-48" type="gender" value="male"/>
<interp inst="t18620707-name-48" type="surname" value="KEANE"/>
<interp inst="t18620707-name-48" type="given" value="JOHN"/>JOHN KEANE</persName> </hi>. I am clerk to the Governor of Horsemonger-lane Gaol—the prisoner was received into the gaol in March last, and remained till 13th June—I did not see him in the gaol after that until he was brought back.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-49" type="witnessName">
<interp inst="t18620707-name-49" type="gender" value="male"/>
<interp inst="t18620707-name-49" type="surname" value="CAPON"/>
<interp inst="t18620707-name-49" type="given" value="WILLIAM"/>WILLIAM CAPON</persName> </hi> (
<hi rend="italic">Police-sergeant, M</hi> 24). I and another constable watched for the prisoner after he escaped from gaol—we had been watching for seve
<lb/>ral days and nights, and saw something which led us to keep close observa
<lb/>tion on a certain house, and about half-past 4 o'clock we saw him in the garden and pounced upon him; he resisted very violently—he had a sort of bludgeon or life-preserver in his hand, which he attempted to use, but we knocked it out of his hand—he said that had he been nearer the cottage he would have settled the pair of us—we were about ten yards from the cottage—we had the most desperate encounter I have ever had to take him to the gaol.</p>
<p>
<hi rend="italic">Prisoner.</hi> I wish to deny that statement. I never resisted you at all; I had nothing in my hand; and I can bring forward my wife, who was present, to prove that it is a base falsehood.
<hi rend="italic">Witness.</hi> The other officer was present.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-50" type="witnessName">
<interp inst="t18620707-name-50" type="gender" value="male"/>
<interp inst="t18620707-name-50" type="surname" value="HOLMES"/>
<interp inst="t18620707-name-50" type="given" value="GEORGE"/>GEORGE HOLMES</persName> </hi> (
<hi rend="italic">Policeman, M</hi> 252). I was with Capon when the prisoner was captured—I have heard what he said; it is perfectly correct—a gentle
<lb/>man was present who will corroborate the statement.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Did you go to a public-house as we came along?
<hi rend="italic">A.</hi> Yes—I got a white hat there, and I allowed you to have half a pint of porter, as you asked for some refreshment.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> If you consider there is any offence in an innocent man breaking out of prison when he has an opportunity, then I am guilty; but as to what the policeman says it is perjury.</p>
<p>
<hi rend="smallCaps">
<rs id="t18620707-730-verdict-1" type="verdictDescription">
<interp inst="t18620707-730-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18620707-730-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18620707-730-punishment-15" type="punishmentDescription">
<interp inst="t18620707-730-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18620707-730-punishment-15" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-730-18620707 t18620707-730-punishment-15"/>Seven Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18620707-731">
<interp inst="t18620707-731" type="uri" value="sessionsPapers/18620707"/>
<interp inst="t18620707-731" type="date" value="18620707"/>
<join result="criminalCharge" id="t18620707-731-charge-1" targOrder="Y" targets="def1-731-18620707 t18620707-731-offence-1 t18620707-731-verdict-1"/>
<join result="criminalCharge" id="t18620707-731-charge-2" targOrder="Y" targets="def2-731-18620707 t18620707-731-offence-1 t18620707-731-verdict-2"/>
<p>731.
<persName id="def1-731-18620707" type="defendantName">
<interp inst="def1-731-18620707" type="gender" value="male"/>
<interp inst="def1-731-18620707" type="age" value="19"/>
<interp inst="def1-731-18620707" type="surname" value="ALLEN"/>
<interp inst="def1-731-18620707" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN ALLEN</hi> (19)</persName>, and
<persName id="def2-731-18620707" type="defendantName">
<interp inst="def2-731-18620707" type="gender" value="male"/>
<interp inst="def2-731-18620707" type="age" value="23"/>
<interp inst="def2-731-18620707" type="surname" value="JOHNSON"/>
<interp inst="def2-731-18620707" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS JOHNSON</hi> (23)</persName>
<rs id="t18620707-731-offence-1" type="offenceDescription">
<interp inst="t18620707-731-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18620707-731-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery on
<persName id="t18620707-name-53" type="victimName">
<interp inst="t18620707-name-53" type="gender" value="female"/>
<interp inst="t18620707-name-53" type="surname" value="LAMBERT"/>
<interp inst="t18620707-name-53" type="given" value="LUCY"/>
<join result="offenceVictim" targOrder="Y" targets="t18620707-731-offence-1 t18620707-name-53"/>Lucy Lambert</persName>, and stealing from her person 1 reticule, 1 purse, and 2
<hi rend="italic">l</hi>. in money, the property of
<persName id="t18620707-name-54" type="victimName">
<interp inst="t18620707-name-54" type="gender" value="male"/>
<interp inst="t18620707-name-54" type="surname" value="LAMBERT"/>
<interp inst="t18620707-name-54" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18620707-731-offence-1 t18620707-name-54"/>John Lambert</persName>.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-55" type="witnessName">
<interp inst="t18620707-name-55" type="gender" value="female"/>
<interp inst="t18620707-name-55" type="surname" value="LAMBERT"/>
<interp inst="t18620707-name-55" type="given" value="LUCY"/>LUCY LAMBERT</persName> </hi>. I am the wife of John Lambert, of 60, Great Queen-street—on Saturday, 28th June, I was walking along Druary-lane about half-past 4 o'clock, carrying a reticule in my left hand—I saw two persons at the corner of a court; they rushed at me and seized my bag—I held it as long as I could, but it was taken from me, and hurt my hand—I followed them till I saw a policeman—I cannot swear to the prisoners—my reticule contained a purse, two sovereigns, some silver, and several other articles.</p>
<p>
<hi rend="italic">Allen. Q.</hi> Did you see me there?
<hi rend="italic">A.</hi> I saw some one very much like you.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-56" type="witnessName">
<interp inst="t18620707-name-56" type="gender" value="female"/>
<interp inst="t18620707-name-56" type="surname" value="WIGGINS"/>
<interp inst="t18620707-name-56" type="given" value="JANE"/>JANE WIGGINS</persName> </hi>. I am the wife of John Wiggins, of 16, Castle-street, Long-acre—I was in Drury-lane, and saw the prisoners rush from a court; Johnson seized the reticule, and Allen helped—they dragged her several yards and got it from her—I saw a constable with Allen in Queen-street soon after
<lb/>wards—I did not see Johnson till to-day.</p>
<p>
<hi rend="italic">Allen.</hi> She saw me at the police-court.
<hi rend="italic">Witness.</hi> I saw him on Monday, when I went to the office.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-57" type="witnessName">
<interp inst="t18620707-name-57" type="gender" value="male"/>
<interp inst="t18620707-name-57" type="surname" value="FISH"/>
<interp inst="t18620707-name-57" type="given" value="WILLIAM"/>WILLIAM FISH</persName> </hi> (
<hi rend="italic">Policeman.</hi>) I was on duty in Drury-lane, heard a cry of "Stop thief!" and saw the prisoners running down Wyatt Court, I pursued them into Mill-road, where Johnson dropped this bag from under his coat—I picked it up, pursued him, and he got away, but I took Allen, who said, "It is not me; I was running after him to try to stop the thief."</p>
<p>
<hi rend="italic">Johnson.</hi> I did not drop it.
<hi rend="italic">Witness.</hi> I am sure you are the man.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-58" type="witnessName">
<interp inst="t18620707-name-58" type="gender" value="female"/>
<interp inst="t18620707-name-58" type="surname" value="LAMBERT"/>
<interp inst="t18620707-name-58" type="given" value="LUCY"/>LUCY LAMBERT</persName> </hi> (
<hi rend="italic">re-examined.</hi>) This is my reticule (
<hi rend="italic">produced</hi>)—the things are all safe in it.</p>
<xptr type="pageFacsimile" doc="186207070011"/>
<p>
<hi rend="italic">Allen's Defence.</hi> I work hard for my living. I was just going to a man who I had hired a barrow of, when the man tapped me on the shoulder.</p>
<p>
<hi rend="largeCaps">ALLEN</hi>,
<hi rend="smallCaps">
<rs id="t18620707-731-verdict-1" type="verdictDescription">
<interp inst="t18620707-731-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18620707-731-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>**—
<hi rend="italic">
<rs id="t18620707-731-punishment-16" type="punishmentDescription">
<interp inst="t18620707-731-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18620707-731-punishment-16" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-731-18620707 t18620707-731-punishment-16"/>Three Years' Penal Servitude.</rs> </hi> </p>
<p>
<hi rend="largeCaps">JOHNSON</hi>,
<hi rend="smallCaps">
<rs id="t18620707-731-verdict-2" type="verdictDescription">
<interp inst="t18620707-731-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18620707-731-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>**—
<hi rend="italic">
<rs id="t18620707-731-punishment-17" type="punishmentDescription">
<interp inst="t18620707-731-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18620707-731-punishment-17" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-731-18620707 t18620707-731-punishment-17"/>Six Years' Penal Servitude</rs> </hi> (
<hi rend="italic">See page</hi> 278).</p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, July</hi> 7
<hi rend="italic">th,</hi> 1862.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Ald.
<hi rend="smallCaps">MECHI</hi>; Mr. Ald.
<hi rend="smallCaps">BESLEY</hi>; Mr.
<hi rend="smallCaps">COMMON SERJEANT</hi>;</p>
<p>and
<hi rend="smallCaps">ROBERT MALCOLM KERR</hi>, Esq.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18620707-732">
<interp inst="t18620707-732" type="uri" value="sessionsPapers/18620707"/>
<interp inst="t18620707-732" type="date" value="18620707"/>
<join result="criminalCharge" id="t18620707-732-charge-1" targOrder="Y" targets="def1-732-18620707 t18620707-732-offence-1 t18620707-732-verdict-1"/>
<p>732.
<persName id="def1-732-18620707" type="defendantName">
<interp inst="def1-732-18620707" type="gender" value="male"/>
<interp inst="def1-732-18620707" type="age" value="19"/>
<interp inst="def1-732-18620707" type="surname" value="CLARK"/>
<interp inst="def1-732-18620707" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN CLARK</hi> (19)</persName>
<rs id="t18620707-732-offence-1" type="offenceDescription">
<interp inst="t18620707-732-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18620707-732-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 56lbs. of mutton, value 30
<hi rend="italic">s</hi>., the property of
<persName id="t18620707-name-60" type="victimName">
<interp inst="t18620707-name-60" type="gender" value="male"/>
<interp inst="t18620707-name-60" type="surname" value="MARTIN"/>
<interp inst="t18620707-name-60" type="given" value="HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18620707-732-offence-1 t18620707-name-60"/>Henry Martin</persName>; to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18620707-732-verdict-1" type="verdictDescription">
<interp inst="t18620707-732-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18620707-732-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18620707-732-punishment-18" type="punishmentDescription">
<interp inst="t18620707-732-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18620707-732-punishment-18" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-732-18620707 t18620707-732-punishment-18"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18620707-733">
<interp inst="t18620707-733" type="uri" value="sessionsPapers/18620707"/>
<interp inst="t18620707-733" type="date" value="18620707"/>
<join result="criminalCharge" id="t18620707-733-charge-1" targOrder="Y" targets="def1-733-18620707 t18620707-733-offence-1 t18620707-733-verdict-1"/>
<p>733.
<persName id="def1-733-18620707" type="defendantName">
<interp inst="def1-733-18620707" type="gender" value="male"/>
<interp inst="def1-733-18620707" type="age" value="24"/>
<interp inst="def1-733-18620707" type="surname" value="ANDERSON"/>
<interp inst="def1-733-18620707" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN ANDERSON</hi> (24)</persName>
<rs id="t18620707-733-offence-1" type="offenceDescription">
<interp inst="t18620707-733-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18620707-733-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing 1 watch, value 5
<hi rend="italic">l</hi>., the property of
<persName id="t18620707-name-62" type="victimName">
<interp inst="t18620707-name-62" type="gender" value="male"/>
<interp inst="t18620707-name-62" type="surname" value="ARKWRIGHT"/>
<interp inst="t18620707-name-62" type="given" value="RICHARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18620707-733-offence-1 t18620707-name-62"/>Richard Arkwright</persName>, from his person; to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18620707-733-verdict-1" type="verdictDescription">
<interp inst="t18620707-733-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18620707-733-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18620707-733-punishment-19" type="punishmentDescription">
<interp inst="t18620707-733-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18620707-733-punishment-19" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-733-18620707 t18620707-733-punishment-19"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18620707-734">
<interp inst="t18620707-734" type="uri" value="sessionsPapers/18620707"/>
<interp inst="t18620707-734" type="date" value="18620707"/>
<join result="criminalCharge" id="t18620707-734-charge-1" targOrder="Y" targets="def1-734-18620707 t18620707-734-offence-1 t18620707-734-verdict-2"/>
<join result="criminalCharge" id="t18620707-734-charge-2" targOrder="Y" targets="def2-734-18620707 t18620707-734-offence-1 t18620707-734-verdict-1"/>
<p>734.
<persName id="def1-734-18620707" type="defendantName">
<interp inst="def1-734-18620707" type="gender" value="female"/>
<interp inst="def1-734-18620707" type="age" value="19"/>
<interp inst="def1-734-18620707" type="surname" value="ASHMORE"/>
<interp inst="def1-734-18620707" type="given" value="MARY ANN"/>
<hi rend="largeCaps">MARY ANN ASHMORE</hi> (19)</persName>, and
<persName id="def2-734-18620707" type="defendantName">
<interp inst="def2-734-18620707" type="gender" value="male"/>
<interp inst="def2-734-18620707" type="age" value="18"/>
<interp inst="def2-734-18620707" type="surname" value="HOLDER"/>
<interp inst="def2-734-18620707" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS HOLDER</hi> (18)</persName>
<rs id="t18620707-734-offence-1" type="offenceDescription">
<interp inst="t18620707-734-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18620707-734-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 26 yards of calico, ralue 20
<hi rend="italic">s</hi>., the property of
<persName id="t18620707-name-65" type="victimName">
<interp inst="t18620707-name-65" type="gender" value="male"/>
<interp inst="t18620707-name-65" type="surname" value="SCOTT"/>
<interp inst="t18620707-name-65" type="given" value="THOMAS WILSON"/>
<join result="offenceVictim" targOrder="Y" targets="t18620707-734-offence-1 t18620707-name-65"/>Thomas Wilson Scott</persName> and another, Holder having been before convicted; to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18620707-734-verdict-1" type="verdictDescription">
<interp inst="t18620707-734-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18620707-734-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18620707-734-punishment-20" type="punishmentDescription">
<interp inst="t18620707-734-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18620707-734-punishment-20" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-734-18620707 t18620707-734-punishment-20"/>Four Years' Penal Servitude.</rs> </hi> </p>
<p>
<hi rend="smallCaps">MR. PATER</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-66" type="witnessName">
<interp inst="t18620707-name-66" type="gender" value="male"/>
<interp inst="t18620707-name-66" type="surname" value="SCOTT"/>
<interp inst="t18620707-name-66" type="given" value="THOMAS WILLIAM"/>THOMAS WILLIAM SCOTT</persName> </hi>. I reside at 82, Bishopsgate-street, and am a linen-draper—this print (
<hi rend="italic">produced</hi>) is my property—it was safe on 23d June about 8 o'clock, as near as I can recollect, and about five or ten minutes afterwards I saw it in the constable's possession—it waft brought back to me—I had seen the prisoners loitering about the outside of the shop about five minutes before I missed the print—I had occasion to go out merely across the road, and on my return the print was stolen.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COOPER</hi>.
<hi rend="italic">Q.</hi> Is your shop on a level with the pavement?
<hi rend="italic">A.</hi> Yes—the prisoners were in the street.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-67" type="witnessName">
<interp inst="t18620707-name-67" type="gender" value="male"/>
<interp inst="t18620707-name-67" type="surname" value="ROBINSON"/>
<interp inst="t18620707-name-67" type="given" value="WILLIAM"/>WILLIAM ROBINSON</persName> </hi> (
<hi rend="italic">City-policeman,</hi> 656). I was employed by the prose
<lb/>cutor, on 23d June, to watch the premises—about a quarter-past 8 I saw both the prisoners and another man pass by the shop—they came back again and passed the shop a second time, and went towards Spital-square—about a quarter to 9 the two prisoners came back and looked in the window for a short time, the male prisoner standing a few yards off—the woman went into the shop, where there was a shawl hanging about three yards in the shop—she held it out with her right hand, so as to hide the persons behind the counter—the man followed her, and lifted the right skirt of his coat and put it over a piece of print—he then ran across the road to Acorn-street, where he turned his head, and seeing me behind him he threw them down and run up Acorn-street very fast—I ran after him—be was about to turn into Skinner-street when I caught hold of him—he threw himself down, and when on the ground he caught hold of my right leg. and tried to bite it, and was very violent—I stooped down to relieve myself of him, and he said, "You b—, I will scratch your eyes out"—while I had him on the ground the female pri
<lb/>soner came up and called me everything she could lay her tongue to—she said, "You b—, you will kill the man"—she said, "I saw who took it; it was not him at all"—other constables then came up, and she made herself scarce</p>
<xptr type="pageFacsimile" doc="186207070012"/>
<p>—I saw her on the following Saturday at the Spitalfields station, and charged her with it—she said she knew nothing about it—I saw her afterwards at Bishopsgate-street station, and she said, "I picked up the print and gave it to a woman"—I had seen the prisoners together about three-quarters of an hour before she entered the shop—I have no doubt about her being the woman—the print was about two or three feet in the shop on the left-hand side—there is a lobby somewhere about three yards long; a window turns round in the shop, and the shawl was hanging close inside the shop—the female held the shawl out, so that no person could see from the inside of the shop—the prisoner followed her in behind and lifted the tail of his coat.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> When did you first mention about her having said she picked it up and gave it to a woman?
<hi rend="italic">A.</hi> At the Mansion-house—I am sure of that—I was the only person watching—I was in private clothes—it is a broad doorway—the gas was burning.</p>
<p>
<hi rend="largeCaps">ASHMORE</hi>
<hi rend="smallCaps">
<rs id="t18620707-734-verdict-2" type="verdictDescription">
<interp inst="t18620707-734-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18620707-734-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.†—
<hi rend="italic">
<rs id="t18620707-734-punishment-21" type="punishmentDescription">
<interp inst="t18620707-734-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18620707-734-punishment-21" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-734-18620707 t18620707-734-punishment-21"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, July</hi> 8
<hi rend="italic">th,</hi> 1862.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>
<hi rend="smallCaps">MR. RECORDER</hi>; Mr. Ald.
<hi rend="smallCaps">MECHI</hi>; and Mr. Ald.
<hi rend="smallCaps">BESLEY</hi>.</p>
<p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18620707-735">
<interp inst="t18620707-735" type="uri" value="sessionsPapers/18620707"/>
<interp inst="t18620707-735" type="date" value="18620707"/>
<join result="criminalCharge" id="t18620707-735-charge-1" targOrder="Y" targets="def1-735-18620707 t18620707-735-offence-1 t18620707-735-verdict-1"/>
<p>735.
<persName id="def1-735-18620707" type="defendantName">
<interp inst="def1-735-18620707" type="gender" value="male"/>
<interp inst="def1-735-18620707" type="age" value="19"/>
<interp inst="def1-735-18620707" type="surname" value="FITZSIMMONS"/>
<interp inst="def1-735-18620707" type="given" value="RICHARD"/>
<hi rend="largeCaps">RICHARD FITZSIMMONS</hi> (19)</persName>
<rs id="t18620707-735-offence-1" type="offenceDescription">
<interp inst="t18620707-735-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18620707-735-offence-1" type="offenceSubcategory" value="burglary"/>, Burglariously breaking and enter
<lb/>ing the dwelling-house of
<persName id="t18620707-name-69" type="victimName">
<interp inst="t18620707-name-69" type="gender" value="male"/>
<interp inst="t18620707-name-69" type="surname" value="BERGER"/>
<interp inst="t18620707-name-69" type="given" value="RICHARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18620707-735-offence-1 t18620707-name-69"/>Richard Berger</persName>, and stealing therein 20 brooches, 13 chains, 12 breast-pins, 1 ring, and 42
<hi rend="italic">l</hi>. in money, his property; and 1 pair of trousers, 1 coat, 1 handkerchief, and 1
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>. in money, the property of
<persName id="t18620707-name-70" type="victimName">
<interp inst="t18620707-name-70" type="gender" value="male"/>
<interp inst="t18620707-name-70" type="surname" value="GATRELL"/>
<interp inst="t18620707-name-70" type="given" value="EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18620707-735-offence-1 t18620707-name-70"/>Edward Gatrell</persName>; having been before convicted, to which he</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18620707-735-verdict-1" type="verdictDescription">
<interp inst="t18620707-735-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18620707-735-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18620707-735-punishment-22" type="punishmentDescription">
<interp inst="t18620707-735-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18620707-735-punishment-22" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-735-18620707 t18620707-735-punishment-22"/>Four Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18620707-736">
<interp inst="t18620707-736" type="uri" value="sessionsPapers/18620707"/>
<interp inst="t18620707-736" type="date" value="18620707"/>
<join result="criminalCharge" id="t18620707-736-charge-1" targOrder="Y" targets="def1-736-18620707 t18620707-736-offence-1 t18620707-736-verdict-1"/>
<p>736.
<persName id="def1-736-18620707" type="defendantName">
<interp inst="def1-736-18620707" type="gender" value="male"/>
<interp inst="def1-736-18620707" type="age" value="35"/>
<interp inst="def1-736-18620707" type="surname" value="DANNAHER"/>
<interp inst="def1-736-18620707" type="given" value="MICHAEL"/>
<hi rend="largeCaps">MICHAEL DANNAHER</hi> (35)</persName>
<rs id="t18620707-736-offence-1" type="offenceDescription">
<interp inst="t18620707-736-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18620707-736-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously cutting and woonding
<persName id="t18620707-name-72" type="victimName">
<interp inst="t18620707-name-72" type="gender" value="male"/>
<interp inst="t18620707-name-72" type="surname" value="HAM"/>
<interp inst="t18620707-name-72" type="given" value="JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t18620707-736-offence-1 t18620707-name-72"/>Joseph Ham</persName>, with intent to do him some grievous bodily harm.
<hi rend="italic">Second Count,</hi> with intent to resist his lawful apprehension.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-73" type="witnessName">
<interp inst="t18620707-name-73" type="gender" value="male"/>
<interp inst="t18620707-name-73" type="surname" value="HAM"/>
<interp inst="t18620707-name-73" type="given" value="JOSEPH"/>JOSEPH HAM</persName> </hi> (
<hi rend="italic">Policeman, X</hi> 492). On 9th March, I was called, with another constable, to take the prisoner—I found him at the Monster public-house, Fulham-road—I said nothing to him, but he turned round, came towards us, pulled out an iron screw-wrench, and said, "I will split the b—skull of the first b—man that comes up to me"—I went up to him, and he struck me across the forehead and knocked me down—I was disabled for nine days, and did not see any more of him till 14th June.</p>
<p>
<hi rend="italic">Prisoner.</hi> When he came up to me I told you you had no case against me.
<hi rend="italic">Witness.</hi> You did not—I was going to take you for an assault on Harman, whose face was cut and bleeding.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-74" type="witnessName">
<interp inst="t18620707-name-74" type="gender" value="male"/>
<interp inst="t18620707-name-74" type="surname" value="ROBINS"/>
<interp inst="t18620707-name-74" type="given" value="HENRY"/>HENRY ROBINS</persName> </hi> (
<hi rend="italic">Policeman, F</hi> 410). On 9th March, I went with Ham to take the prisoner in custody—he said that he would split the b—skull of the first man whe came to him—he struck Ham a blow on the forehead, and struck me two very severe blows on the back of the head with an iron screw-wrench—I did not see him again till 14th June, when I apprehended him in Fulham-fields—he was exceedingly violent, and said that no two b—y policeman should take him; and he said, "You know I can do it, and I will."</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Did not you tell me to come to the station-house to see my children, as some one wanted me?
<hi rend="italic">A.</hi> Yes; because we did not want</p>
<xptr type="pageFacsimile" doc="186207070013"/>
<p>to use harsh measures—we were obliged to hit you to secure you, because of your violence.</p>
<p>
<hi rend="italic">Prisoner.</hi> You struck me and broke my arm in two places, and struck me on the ground.
<hi rend="italic">Witness.</hi> We were obliged to, because you were kicking so; you would have pulled us on the ground; you kicked me on the legs, and struck me two blows on the head.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-75" type="witnessName">
<interp inst="t18620707-name-75" type="gender" value="male"/>
<interp inst="t18620707-name-75" type="surname" value="SMITH"/>
<interp inst="t18620707-name-75" type="given" value="JOHN"/>JOHN SMITH</persName> </hi> (
<hi rend="italic">Policeman, E</hi> 346). I went with the last witness, and found the prisoner in Falham-fields, about half-past 2 o'clock—we asked if his name was Dannaher—he said, "Yes"—we told him he was wanted down at the station—he said that he would not go, and no two b—y policemen should take him—we were obliged to use our staves to secure him; he struck me several times on the chest and arm, and brought blood—I said that I had got a warrant to search him, and my brother constable has got it now.</p>
<p>
<hi rend="italic">Prisoner.</hi> They had not got the warrant with them.
<hi rend="italic">Witness.</hi> No; but we had it in our possession.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-76" type="witnessName">
<interp inst="t18620707-name-76" type="gender" value="male"/>
<interp inst="t18620707-name-76" type="surname" value="HENRAHAN"/>
<interp inst="t18620707-name-76" type="given" value="JOHN"/>JOHN HENRAHAN</persName> </hi>. On 9th March, I met the prisoner in the Fulham-road—he told me that he had a good mind to let me have something—I said that it would be better for him to let me pass—he said that he would not, and he knocked me down and kicked me in the side—a young man named Conlan came up and took him from me, and I went to a policeman—the prisoner went in and fetched a screw-wrench—he followed me to the door of a house with it, and struck me on the back of the knee—I got into the house, and he stopped outside, swearing he would have my life.</p>
<p>
<hi rend="italic">Prisoner.</hi> It was not a screw-wrench; it was a small spanner. This man summoned me to the police-court some time before; there was 2
<hi rend="italic">s</hi>. 9 1/2
<hi rend="italic">d</hi>., half a day's wages, coming to me. He did not like to pay me, and I got fighting with him.
<hi rend="italic">Witness.</hi> I was not fighting with him; I wanted to get away.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> It was because I would not swear what he wanted that all this happened. He got me to go to the Court to prove damages between him and the landlord of two or three houses. He did not like me because I did not take a false oath, and that is the reason of this. We got boxing outside my door, and when I got the upper hand he went for the police. Two men came against me, and I took out this spanner to protect myself The police came out against me, and I went about three-quarters of a mile. I returned back when I saw the police, and said to them, "You have got no cause to take me; I have done nothing, only taken my own part." The policemen drew their staves. One of them hit me, and I hit him with the spanner. They both had their staves drawn before I raised my hand to them. As I could not go to the station on account of my five children, he hit me on the mouth and pulled me down. I have got six cuts on my head. He fractured my arm, and broke my finger in two places.</p>
<p>(
<hi rend="italic">The prisoner's arms were both in slings, and the Governor of the gaol stated that the prisoner was one mass of bruises when he came into the prison.</hi>)</p>
<p>
<rs id="t18620707-736-verdict-1" type="verdictDescription">
<interp inst="t18620707-736-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18620707-736-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">on the Second Count.</hi> </rs>
<hi rend="italic">The Jury expressed their regret that the police should have used their staves. George Fletcher, T 110, stated that the prisoner had been frequently in custody for assault, and had used a knife upon him, for which he had received nine months' imprisonment.</hi> </p>
<p>
<hi rend="italic">
<rs id="t18620707-736-punishment-23" type="punishmentDescription">
<interp inst="t18620707-736-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18620707-736-punishment-23" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-736-18620707 t18620707-736-punishment-23"/>Three Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18620707-737">
<interp inst="t18620707-737" type="uri" value="sessionsPapers/18620707"/>
<interp inst="t18620707-737" type="date" value="18620707"/>
<join result="criminalCharge" id="t18620707-737-charge-1" targOrder="Y" targets="def1-737-18620707 t18620707-737-offence-1 t18620707-737-verdict-1"/>
<p>737.
<persName id="def1-737-18620707" type="defendantName">
<interp inst="def1-737-18620707" type="gender" value="male"/>
<interp inst="def1-737-18620707" type="age" value="22"/>
<interp inst="def1-737-18620707" type="surname" value="BAILEY"/>
<interp inst="def1-737-18620707" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS BAILEY</hi> (22)</persName>
<rs id="t18620707-737-offence-1" type="offenceDescription">
<interp inst="t18620707-737-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18620707-737-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously cutting and wounding
<persName id="t18620707-name-78" type="victimName">
<interp inst="t18620707-name-78" type="gender" value="male"/>
<interp inst="t18620707-name-78" type="surname" value="PICKERING"/>
<interp inst="t18620707-name-78" type="given" value="DAVID"/>
<join result="offenceVictim" targOrder="Y" targets="t18620707-737-offence-1 t18620707-name-78"/>David Pickering</persName>, with intent to maim and disable him.</rs> </p>
<xptr type="pageFacsimile" doc="186207070014"/>
<p>
<hi rend="smallCaps">MESSRS. BEASLEY</hi> and
<hi rend="smallCaps">BESLEY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-79" type="witnessName">
<interp inst="t18620707-name-79" type="gender" value="male"/>
<interp inst="t18620707-name-79" type="surname" value="PICKERING"/>
<interp inst="t18620707-name-79" type="given" value="DAVID"/>DAVID PICKERING</persName> </hi> (
<hi rend="italic">Policman, K</hi> 230). On Monday evening, 16th June, about half-past 7, I was in the Brunswick-road, at the bottom of the East India Dock-road—Ralph, a policeman, was with me—we found people assembled, and a disturbance going on—Ralph took hold of a man named Richard Norman—a struggle took place, and I went to assist him—in crossing the yard I passed the prisoner with a pitchfork in his hand, and he said, "God strike me blind, rather than the police shall take
<hi rend="italic">Dick,</hi> they shall lose their lives; they shall not go out alive; I will smash their b—y brains out"—
<hi rend="italic">Dick</hi> is Richard Norman—I went to pull the man off Ralph, and while stooping to do so I received a heavy blow on the back of my head which stunned me, and caused a wound on the back of my head—I fell senseless, and when I came to my head was bleeding from a large place—I have been suffering from it since that time, and am not able to do duty yet—Ralph was underneath Norman—I have seen the prisoner before in the yard.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. LEWIS</hi>.
<hi rend="italic">Q.</hi> Is the prisoner an ostler in the yard?
<hi rend="italic">A.</hi> Yes—Ralph went into the yard before me—there were five or six persons in the yard—the gates were open all the time, I saw them: but I cannot say what occurred after I was knocked down—the prisoner was on the left side of the yard—I saw horses, but did not see any one harnessing them—I saw no one but the prisoner with a pitchfork, but I will not undertake to say there was not—I saw no stones thrown by the mob—there was a large mob collected outside the gates—I did not see that man (
<hi rend="italic">Walker</hi>) in the yard to notice him, but he might have been there—I saw the two women there who appear on the part of the prosecution—they were looking at the disturbance just outside their houses, which are perhaps twenty yards from the opening of the gates—the scuffle in which Norman was engaged with Ralph was just at the corner of the bend—the gate is seven, eight, or ten yards from where the scuffle was—the scuffle took place here (
<hi rend="italic">pointing to the paln</hi>)—persons outside the gates could see the men on the ground.</p>
<p>
<hi rend="smallCaps">MR. BEASLEY</hi>.
<hi rend="italic">Q.</hi> Could any person standing outside the yard gates, see the spot where the struggle took place?
<hi rend="italic">A.</hi> Not unless they stood at the opposite post—I received the blow almost immediately after I observed the man with the pitchfork—I passed within a very few feet of him; that was after the threat—I took no notice of the threat.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-80" type="witnessName">
<interp inst="t18620707-name-80" type="gender" value="male"/>
<interp inst="t18620707-name-80" type="surname" value="RALPH"/>
<interp inst="t18620707-name-80" type="given" value="SIMON"/>SIMON RALPH</persName> </hi> (
<hi rend="italic">Policeman, K</hi> 244). On the evening of 16th June, I was called to a disturbance in the Brunswick-road, and saw a man named Nor
<lb/>man—Pickering came about a minute afterwards—he was near me—I fell down in the struggle, or rather was knocked down, and the prisoner came with a pitchfork and struck my brother constable on the head, saying, "You b—r, I will knock your b—y brains out;" and he ran over to the stable behind—I saw the blow distinctly; I was lying on my back—Norman was lying on my left, and Pickering pulling him—I had observed the prisoner before, and when Norman said God strike him dead, but he would have our b—y lives; we should not take him in custody, the prisoner went and fetched the fork from the stable, and was under my notice three or four minutes before I took him in custody—I had not known him before—Pickering was in the act of pulling Norman off me, when he was struck—this plan represents the place, but there is another little bit of a nook just here, and we laid here; the stables inside form a kind of a square—I am positive of the prisoner; he was the only one stripped—he had neither jacket nor waistcoat on.</p>
<xptr type="pageFacsimile" doc="186207070015"/>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Did you see anybody harnessing horses?
<hi rend="italic">A.</hi> I did not—I saw two grey horses come into the yard, and was afraid we should be under their hind beels—I first saw Norman at the side of the gateway—he dragged me in—he is a much bigger man than me—my body was under him, but not my head—Pickering was leaning over in a stooping position—I saw stones thrown by the mob from outside, and a brick hit me on the hat—I do not know whether the gates were dosed—I heard nothing about their being broken open by the mob—persons standing outside at the gate could see our legs, and that was where the prisoner made the blow just at my knees—I do not believe they could see the prisoner strike the blow from the outside—I saw no one with a pitchfork till after I got up with Norman in custody—I then saw a man they call Walker with one—I did not see the prisoner with a pitchfork at that time.</p>
<p>
<hi rend="italic">Q.</hi> I warn you that I am going to call many witnesses; had the prisoner a pitchfork in his hand at any time?
<hi rend="italic">A.</hi> He had one up to my taking Norman in custody, and I saw him strike the constable Pickering—I never saw Walker with a pitchfork till he went into the stable—I was then coming out of the yard, and had got Norman in custody—that was the first time I saw Walker at all—I had got about three yards, and then I saw him go in at the stable door with the pitchfork, right opposite where we were lying—I afterwards went into the stable to look for the prisoner, but did not find it—I did not look, but there are plenty of pitchforks then—I took Norman to the station.</p>
<p>
<hi rend="smallCaps">MR. BEASLEY</hi>.
<hi rend="italic">Q.</hi> You did not look for Walker?
<hi rend="italic">A.</hi> No; but I saw him—the prisoner was not by when I saw Walker with the fitchfork—my legs lay in the direction of the stable door where he took the fork to—when I went back to search for him there were two men there, who said, "There is nobody here"—I said, "I did not say there was; I am only looking"—my legs would be more visible than my head to people outside—Pickering was struck from behind; his head was in the same direction as mine—he was stepping backwards towards the gateway—he was standing here, up against the stable.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-81" type="witnessName">
<interp inst="t18620707-name-81" type="gender" value="female"/>
<interp inst="t18620707-name-81" type="surname" value="BUTLER"/>
<interp inst="t18620707-name-81" type="given" value="SARAH"/>SARAH BUTLER</persName> </hi>. I am single, and live with my father, at 2, Brunswick-road, Bromley—on Monday evening, 16th June, I saw Ralph and Pickering enter the yard—I was at Mrs. Sheehans' gate when they first came down, and Mr. Norman told the officers that if they went into the gate they would have their lives—Norman went in at the gate when he said that—the policemen then went inside, and Norman made a hit at one of the men—the constable then went to take him in charge, and Norman knocked Ralph down—the other constable went to help his brother constable, and the prisoner said God strike him dead, if Norman took Dick out he would have one of their b—y lives, and he went into the stable on the left and got the fork, ran over to the officers, and said, God strike him dead, he would have one of their lives before they went out of the buss yard, and directly hit the officer on the head with the fork—I was in the
<hi rend="italic">buss</hi> yard all the time—I ran in as the officers ran in; me and the other young girl—that was after Norman made his retreat from the gateway—I saw some bricks thrown—I did not see Walker; he was not there at the time the
<hi rend="italic">row</hi> began, but he came down the alley as the man was being taken in charge, and went into the yard as Norman was being taken to prison—Norman was then out of the yard—the prisoner ran away into Albert-street—the fork was taken away from him; I do not know who by; but I fancy it was my father who took it from him and threw it into the stable-yard—I know Bailey by sight, and have no doubt of his being the man.</p>
<xptr type="pageFacsimile" doc="186207070016"/>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Have you known him some time?
<hi rend="italic">A.</hi> Yes—we have never had any fall out—I am not a friend of Miss Sheehans; only going in and out of her house for wood—I am not on bad terms with the prisoner—Miss Sheehans has not spoken to me about the prisoner having broken off his engagement—the gates were closed directly the blow was struck, and I was put out; they were opened again directly to let the pri
<lb/>soner out—the gates were not closed directly the prisoner went into the yard; not till after the blow was struck—the prisoner's brother closed them, and another young man who works in the yard—I was at Mrs. Sheehans' when the policeman was brought down—I mean to represent that I was inside those gates before Norman was brought out—of course, any
<lb/>body inside the gates could have seen me—I swear I was out of Mrs. Sheehans' garden.</p>
<p>
<hi rend="smallCaps">MR. BEASLEY</hi>.
<hi rend="italic">Q.</hi> Is there any pretence for saying that you have any ill feeling towards the prisoner?
<hi rend="italic">A.</hi> No.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-82" type="witnessName">
<interp inst="t18620707-name-82" type="gender" value="female"/>
<interp inst="t18620707-name-82" type="surname" value="MILLER"/>
<interp inst="t18620707-name-82" type="given" value="MARGARET"/>MARGARET MILLER</persName> </hi>. I live in the Brunswick-road—I saw the police going to the disturbance, and followed them into the stable-yard—I saw Norman knock Ralph down, and heard the prisoner say, "God strike me dead, if any of those policemen come near to take Norman in custody, I will knock their b—y brains out"—he went to assist Ralph, and the prisoner up with a pitchfork and struck him—I had seen him with the pitchfork in his hand before that—the gates were shut when the blow was given, and this happened about three minutes afterwards—they opened the gates to take Norman in custody—Walker came in after it was all over—I did not see him with the pitchfork; he never had anything—I saw the pri
<lb/>soner next day at the farrier's, opposite to where I live—he said, "Maggy Miller, you b—y w—e, if you go up as a witness against me, I will knock your b—y head off"—my life has been in danger ever since, and every time he passed me he jeered at me.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> What are you?
<hi rend="italic">A.</hi> I live with my mother—I go out to work now and then, "when I have anything to do—I do not deserve the name he called me—I walked indoors after that, and my mother told me to shut the door—that was on Tuesday, and I went before the Magistrate on the following morning—I did not see Ralph on Tuesday; I did not see him come to our house—I did not tell him what I could prove—I was summoned before the Magistrate; the policemen took me there—they found out that I was a witness, because I was in the yard and they saw me—I had no communication with them before I was summoned as a witness—Ralph went into Court first, and I followed him—that was at Arbour-square—I was not in Court when he was giving his evidence, nor had I spoken to him about what evidence I could give—I had told my mother, and I went to the police-station—I had not mentioned a word of it to anybody before he called me the names—I was never in Mrs. Sheehan's garden, but I went there to tea after the
<hi rend="italic">row</hi> was over—I walked right through the gate into the house, but was not in the garden before I went into the cab-yard; I was standing in the middle of the road—the prisoner stood with the pitchfork in his hand on the left-hand side,
<hi rend="italic">agin</hi> his father's stables—he had the pitchfork before I saw Norman knock the policeman down—there were a good many persons inside the gates when they were closed—there were enough people to have seen that I was in the yard.</p>
<p>
<hi rend="smallCaps">MR. BEASLEY</hi>.
<hi rend="italic">Q.</hi> Had you had any communication with the police before the prisoner used those words to you?
<hi rend="italic">A.</hi> No.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-83" type="witnessName">
<interp inst="t18620707-name-83" type="gender" value="female"/>
<interp inst="t18620707-name-83" type="surname" value="BUSSEY"/>
<interp inst="t18620707-name-83" type="given" value="CATHERINE"/>CATHERINE BUSSEY</persName> </hi>. I am the wife of William Bussey, of 14, Elizabeth-street,</p>
<xptr type="pageFacsimile" doc="186207070017"/>
<p>Providence-road—on 16th June I fetched the police—I saw Ralph come down there, take hold of Norman, and attempt to take him in custody—after that I saw the prisoner standing on the left-hand side of the gate—he had nothing in his hand the first time I saw him, but he went from the gate to the left side of the stable, fetched a pitchfork, and came hack with it in his hand—I saw Ralph run—Pickering ran to help him—Ralph was under Norman, but I could not see what occurred between them—the prisoner said, God strike him dead, before they should bring out Norman, he would have the constable's lives; and he ran into the stable with the fork pointed in this way; but somebody closed the gates so that I could not see the blow, and do not know what occurred inside—the mob outside forced the gates open, and I saw Ralph bring Norman out—I have known the prisoner by sight for six or seven years—I have seen Walker several times, but not to know him—I did not see him till the hearing at Arbour-square—the prisoner had not the pitchfork before he went into the stable; he went in and returned with it—I can scarcely say how far Pickering was from Ralph at that time, but I saw him running to his assistance.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Were the gates closed before any blows were struck at all?
<hi rend="italic">A.</hi> I believe so; they were closed before Norman was brought out—I and some more people called out that the constables would be killed, and some of the men returning from their work broke the gate open.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-84" type="witnessName">
<interp inst="t18620707-name-84" type="gender" value="male"/>
<interp inst="t18620707-name-84" type="surname" value="BROWNFIELD"/>
<interp inst="t18620707-name-84" type="given" value="MATTHEW"/>MATTHEW BROWNFIELD</persName> </hi>. I am a Member of the Royal College of Surgeons, of Montague-place, Poplar—on 16th June, between 7 and 8 o'clock, Pickering was brought to my surgery with a lacerated wound about an inch long on the back of his head, and going down to the bone—I dressed it for him—it was quite in the middle of the back of the head—it was such a wound as might be produced by a pitchfork—it was contused and lacerated—it would require a violent blow to produce it—it was not very dangerous—it has incapacitated him from duty up to the present time, but he will be fit for duty again shortly.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Was it such a wound as might be produced by a stone being thrown at the head?
<hi rend="italic">A.</hi> Yes; a small stone might produce it—whether the prisoner striking him with a pitchfork when stooping would produce it, would depend on the force of the blow and the thickness of the skull—that is the thickest part of the skull—pitchforks vary in size as much as stones do.</p>
<p>
<hi rend="italic">The prisoner's statement before the Magistrate was here read as follows:</hi> "I never had a fork in my hand all the time, and I never spoke to the constables; I had neither jacket, waistcoat, or braces on."</p>
<p>
<hi rend="smallCaps">MR. LEWIS</hi>
<hi rend="italic">called the following witnesses for the Defence:</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-85" type="witnessName">
<interp inst="t18620707-name-85" type="gender" value="male"/>
<interp inst="t18620707-name-85" type="surname" value="BROWN"/>
<interp inst="t18620707-name-85" type="given" value="JAMES"/>JAMES BROWN</persName> </hi>. I am in the employment of the Blackwall Railway Com
<lb/>pany, and have been so upwards of sixteen years—I repair their carriages—I remember the police being in the yard—I was not there at the commence
<lb/>ment—I saw a great many persons about the gate—I walked down before Norman, walked inside the stable-yard, and watched the whole proceedings—I saw them come to close quartern; a scuffle ensued, and they all three fell together; the two prisoners and Norman the horsekeeper—they were down perhaps a minute—they got up, and the policemen took the man out of the yard; but while the three were down I saw some man throw a stone—I ran after him, but he went among the mob—the stone struck the policeman a violent blow on the head, and the blood came—I cannot say which policeman it was, as I do not know them—I was about as far from him as I am from you—I saw the prisoner there, inside the left-hand stable,</p>
<xptr type="pageFacsimile" doc="186207070018"/>
<p>with a bridle, or something belonging to a horse, in his hand—he was about harnessing a horse—I did not see him with a pitchfork in his hand—there was no pitchfork used by any man in the yard—the policemen were more protected by the people in the yard than insulted—there was not a man in the yard who insulted them—I did not hear the prisoner use any violent expressions towards the police—there was bad language used by the man who has had fourteen days' imprisonment; the man who was taken by the constables—I have seen that man (
<hi rend="italic">Walker</hi>) in the yard frequently—I do not recollect whether I saw him there that night, because there were so many people there—I am prepared to say on my oath that no pitchfork was used to strike the policeman, and the prisoner neither threw a stone nor used pitchfork.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BEASLEY</hi>.
<hi rend="italic">Q.</hi> Had you any business in that yard?
<hi rend="italic">A.</hi> Alter the attack I walked in, and saw a good many men there—I knew some of the persons up the yard—I saw Norman brought out of the yard by the policemen—I did not come up first at that time—I must have been there before, because I saw them fell before that—they fell at the right-hand stable, and I stood at the left-hand stable, about fifteen yards from them—I saw them all three struggling together—I saw no pitchfork in the yard—the person who threw the stone came in at the right-hand stable, and I was at the left—the man came in, heaved the stone, and ran out into the road again—I caught hold of his coat; but he got among a great many others dressed like him—the gates were afterwards shut for a minute or two—the foreman pushed them all out, and he got the horsekeeper and took him out—I know the prisoner's brother; he is a tall young man—I cannot say whether he assisted the foreman in shutting the gates; it was after she stone was thrown that the gates were closed—I went out at the gate after the man, and after the stone was thrown—the gate was open at that time—I went back into the yard, and the man came and pushed the gates to, violently, so that persons should not interfere with the police and insult them any more.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-86" type="witnessName">
<interp inst="t18620707-name-86" type="gender" value="male"/>
<interp inst="t18620707-name-86" type="surname" value="MASON"/>
<interp inst="t18620707-name-86" type="given" value="JOHN"/>JOHN MASON</persName> </hi>. I am a herbalist, of 1, Brunswick-road—I saw Norman taken in custody—he was between two constables—they went into the stable together—I then saw the shorter policeman of the two, when Norman was going quietly, draw his staff from his pocket: he wielded it right over his head, and struck Norman on the side, who fell, but not to the ground, as they had hold of hire by the collar—I halloed out of the window, "Young gentleman, you shall hear of using that staff unnecessarily hereafter"—he said, "You had better go up and state that to the Judge"—I said, "I shall, and you shall hear me"—after he struck Norman, and went by my window, the girls Butler and Miller, and Mrs. Bussey, went up the road—they were inside Mrs. Sheehan's railings before that, and never came out till after Norman was taken to the station-house, and then they rushed out and gave information; but they never were inside the gates—the gates were shut, and they were never opened till the man was brought out by the police—I was outside my window cleaning it, and I never left it—I cannot say what took place inside the gates.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Is your house nearly opposite the gate?
<hi rend="italic">A.</hi> Within thirty or forty yards of it—my attention was first called when the policeman came past my house—I saw a man with a white jacket—he whispered into the policeman's ear, who then went in at the gates, and he was not in two minutes before they were shut—that was the cause of Norman being taken—it seems he rushed out to challenge Norman to fight—the whole of it did</p>
<xptr type="pageFacsimile" doc="186207070019"/>
<p>not take three minutes—the gates were closed the moment the police went in, and these two girls were inside the fence; even a bullock could not have got inside the fence, let alone two girls.</p>
<p>
<hi rend="smallCaps">MR. LEWIS</hi>.
<hi rend="italic">Q.</hi> Did you see many others go in?
<hi rend="italic">A.</hi> Yes; some men belonging to the stable; but in the push at the moment I cannot swear whether they got in or not; but I will swear the girls did not—they are capable of swearing anything but the truth—I was not examined before the Magistrate.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-87" type="witnessName">
<interp inst="t18620707-name-87" type="gender" value="female"/>
<interp inst="t18620707-name-87" type="surname" value="MCGREGOR"/>
<interp inst="t18620707-name-87" type="given" value="ANN"/>ANN MCGREGOR</persName> </hi>. I am the wife of Robert McGregor, an engineer, of 10, Brunswick-road—I saw the two girls, Butler and Miller—I was standing at my door with my husband, and saw them inside Mrs. Sheehan's fence—there was a every large crowd—the gates were shut, and they stood there until these men passed up the street with the two policemen.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Did your husband see it?
<hi rend="italic">A.</hi> Yes—he is not here—he has had to go to Southampton to repair some engines—he was not before the Magistrate—Mrs. Sheehan's fence is in the front of the house—I was not in the yard—the girls were standing inside the fence at the time the policemen brought the prisoner out.</p>
<p>
<hi rend="smallCaps">MR. LEWIS</hi>.
<hi rend="italic">Q.</hi> Did you see where the girls were standing when the policemen went in?
<hi rend="italic">A.</hi> Inside the fence—I remained at my door to see what they were going to do, and kept my eye on these girls, as they were the principal witnesses on a warrant, which had been on that day against a neighbour in the street, which had caused the mob to gather—I kept my eye on them the whole time.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-88" type="witnessName">
<interp inst="t18620707-name-88" type="gender" value="female"/>
<interp inst="t18620707-name-88" type="surname" value="PINKER"/>
<interp inst="t18620707-name-88" type="given" value="SARAH"/>SARAH PINKER</persName> </hi>. I live with my father and mother, at 16, Albert-street—my father is a shoemaker—I remember Norman being taken in custody—I saw the girls Miller and Butler inside Mrs. Sheehan's fence at that time, and they never stirred out till Norman was taken in custody.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Were you before the Magistrate?
<hi rend="italic">A.</hi> Yes—I said the same thing then—I was not examined at the police-court—I did nothing but look at these girls for about two hours—I mean to say that I stopped there two hours with them within my view—I had heard about a warrant.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Where were you?
<hi rend="italic">A.</hi> Against a stable, and they were in the fence—I stood there because there were a great many other people there—I was with my mother and sister—they were standing about; I was not with them all the while.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-89" type="witnessName">
<interp inst="t18620707-name-89" type="gender" value="female"/>
<interp inst="t18620707-name-89" type="surname" value="PINKER"/>
<interp inst="t18620707-name-89" type="given" value="ELIZABETH"/>ELIZABETH PINKER</persName> </hi>. I am the wife of William Pinker, and the mother of the last witness—I remember Norman being taken in custody, and can swear that those three females were inside Mrs. Sheehan's palings, and were never out till Norman was taken up the hill—I am quite certain of that.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Whereabouts is Mrs. Sheehan's house; is it exactly facing the gateway?
<hi rend="italic">A.</hi> Yes; it is a narrow road—they are small houses—I had a son out of the way, but it is all right now; it is all made up.</p>
<p>
<hi rend="smallCaps">MR. LEWIS</hi>.
<hi rend="italic">Q.</hi> What was that about?
<hi rend="italic">A.</hi> Well; he only got a little drop of beer, and was regularly upset by a party who were false swearing—that had nothing to do with any of these witnesses.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Where were you?
<hi rend="italic">A.</hi> Standing outside Mrs. Sheehan's palings—I was not having conversation with the three women that were inside the fence—I was not there many minutes—I was there about ten minutes, but it was not all that time about—I saw the girls come out of the fence after Norman was taken to the station—they went up Alber-street, and did not come back again to my knowledge.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-90" type="witnessName">
<interp inst="t18620707-name-90" type="gender" value="female"/>
<interp inst="t18620707-name-90" type="surname" value="PINKER"/>
<interp inst="t18620707-name-90" type="given" value="MARY"/>MARY PINKER</persName> </hi>. I am a daughter of the last witness—I recollect the even
<lb/>ing</p>
<xptr type="pageFacsimile" doc="186207070020"/>
<p>that Norman was taken in custody—the girls Miller and Butler were at that time inside Sheehan's fence—they did not come out before Norman was taken.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> What made you pay such particular attention to them that night?
<hi rend="italic">A.</hi> I do not know—I was looking at them all the time—I was with my sister some part of the time; more than half an hour—I did not look at them all the time; but I know they did not come out of the fence, because I stood nearly close to it for half an hour—they never came out till after Norman was taken, and then they came out and went up Albert-road—I was first asked about this last Friday—I had not given information about it which led to my being spoken to.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you see Norman go into the yard?
<hi rend="italic">A.</hi> No; I saw him in the yard, and saw the policemen go in after him—there was a bit of a row with him and a man—I saw Norman go in and saw the policeman follow—I saw the girls inside the fence at that time.</p>
<p>
<hi rend="italic">The Jury declined hearing any more evidence, it being of so conflicting a nature.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18620707-737-verdict-1" type="verdictDescription">
<interp inst="t18620707-737-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18620707-737-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18620707-738">
<interp inst="t18620707-738" type="uri" value="sessionsPapers/18620707"/>
<interp inst="t18620707-738" type="date" value="18620707"/>
<join result="criminalCharge" id="t18620707-738-charge-1" targOrder="Y" targets="def1-738-18620707 t18620707-738-offence-1 t18620707-738-verdict-1"/>
<p>738.
<persName id="def1-738-18620707" type="defendantName">
<interp inst="def1-738-18620707" type="gender" value="male"/>
<interp inst="def1-738-18620707" type="age" value="29"/>
<interp inst="def1-738-18620707" type="surname" value="WILKINSON"/>
<interp inst="def1-738-18620707" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE WILKINSON</hi> (29)</persName>
<rs id="t18620707-738-offence-1" type="offenceDescription">
<interp inst="t18620707-738-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18620707-738-offence-1" type="offenceSubcategory" value="fraud"/>, Unlawfully endeavouring to obtain 10
<hi rend="italic">l</hi>. by false pretences.</rs> </p>
<p>
<hi rend="smallCaps">MR. POLAND</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-92" type="witnessName">
<interp inst="t18620707-name-92" type="gender" value="male"/>
<interp inst="t18620707-name-92" type="surname" value="DENNING"/>
<interp inst="t18620707-name-92" type="given" value="JOHN LOVEL"/>JOHN LOVEL DENNING</persName> </hi>. I am one of the clerks of the Provident Institu
<lb/>tion for Savings, in St. Martin's-place, St. Martin's-lane—there was a depositor there named Jonas Dillett; the number of his book was 150, 534—I received two verbal notices of the withdrawal of some of his money and the book was brought as well—when I receive a notice, it is my duty to enter it in this book (
<hi rend="italic">produced</hi>)—this is a notice to withdraw money on 24th June, the first notice—the money must be applied for on a particular day or a fresh notice must be given.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-93" type="witnessName">
<interp inst="t18620707-name-93" type="gender" value="male"/>
<interp inst="t18620707-name-93" type="surname" value="HAM"/>
<interp inst="t18620707-name-93" type="given" value="WILLIAM"/>WILLIAM HAM</persName> </hi>. I am one of the clerks of this Institution—on Friday, 27th June, the prisoner came there and brought this pass-book of Dillett's—he said that he wanted 10
<hi rend="italic">l</hi>.—I referred to the ledger and told him that the notice was posted for the 24th, which was the Tuesday preceding, and asked him when he gave notice; he said on the Wednesday—I explained to him that it would not be payable on that date, and a woman slipped forward and said, "It is all right; I have seen the secretary"—I returned the prisoner the deposit-book, and told him to speak to the secretary, Mr. Boodle, which he did, and the secretary told me to write off the 10
<hi rend="italic">l</hi>.—I then passed the book to Mr. Biggs, the cashier, which would be his authority for paying the money.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-94" type="witnessName">
<interp inst="t18620707-name-94" type="gender" value="male"/>
<interp inst="t18620707-name-94" type="surname" value="BIGGS"/>
<interp inst="t18620707-name-94" type="given" value="JOHN"/>JOHN BIGGS</persName> </hi>. I am cashier at the Provident Institution—on 27th June I received this book from the last witness; I called out the name of Jonas Dillett in its turn, and the prisoner stepped forward—I filled up this receipt (
<hi rend="italic">produced</hi>) for 10
<hi rend="italic">l</hi>., placed it before the prisoner, and he signed it "Jonas Dillett" at my request—before I paid the money I compared the signature with the signature of Jonas Dillett in the signature-book and found that it did not correspond—I said nothing to the prisoner but took the signature-book and the signature to Mr. Boodle.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-95" type="witnessName">
<interp inst="t18620707-name-95" type="gender" value="male"/>
<interp inst="t18620707-name-95" type="surname" value="BOODLE"/>
<interp inst="t18620707-name-95" type="given" value="EDWARD"/>EDWARD BOODLE</persName> </hi>. I am secretary and comptroller of this Institution—on Friday, 27th June, the prisoner brought me this deposit-book, and said that he came to receive the sum of 10
<hi rend="italic">l</hi>.; he was in company with a woman whose face I had seen on the previous Wednesday, and who I had promised that her husband should receive the 10
<hi rend="italic">l</hi>. on attending on that day—I</p>
<xptr type="pageFacsimile" doc="186207070021"/>
<p>said that his wife had come on the previous Wednesday, saying that he was not able to attend, he had been prevented by business, and in consequence of that I entered it into a book of "sums allowed without notice," and authorized the clerk to write off 10
<hi rend="italic">l</hi>., and gave the book to Mr. Ham—shortly afterwards Mr. Biggs brought me the receipt in the signature-book—I compared the signatures and said to the prisoner, "Are you the depo
<lb/>sitor?"—he said "No," but that the depositor was very busy and had authorized him to come and withdraw the money—the woman then stepped forward and said, "It is all right," and produced a marriage certificate—I knew that it was Mrs. Dillett, the depositor's wife—the prisoner was then given in custody.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-96" type="witnessName">
<interp inst="t18620707-name-96" type="gender" value="male"/>
<interp inst="t18620707-name-96" type="surname" value="DILLETT"/>
<interp inst="t18620707-name-96" type="given" value="JONAS"/>JONAS DILLETT</persName> </hi>. I live at 8, Edward-street, York-road, and am a depositor in the Provident Institution Savings Bank—this is my deposit-book—I signed one of the books of the Institution when I deposited the money—I did not authorize the prisoner to receive any money for me; I never saw him before—I never gave any authority to my wife to draw out the money—I never told anybody to say that I was too busy to attend.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> On or about 12th June, I became acquainted with a lady, whose name not having been mentioned it is scarcely worth while to bring forward, more especially as I do not know whether she is a party to the deception practised upon me; she, in a few days, introduced me to Mrs. Dillett, and I met her once or twice. Mrs. Dillett afterwards came to my place of business in a great hurry, and asked me if I had any objections to go to her husband's deposit bank and sign his name, and she gave me his book which she had had given to her for the express purpose of my copying it. She said he wanted the money so particularly and could not leave, and did not mind giving anybody a sovereign for it. I said that I could not think of taking a recompense for it, and I started off without any intention of going to the bank, but I led her to believe I had been, and when I returned, I gave her to understand that the bank had closed, and advised her to give me a written order to receive the money. I thought the matter had dropped; when, on the 26th June, I received a letter from the friend I have mentioned, in which she stated that Mrs. Dillett would be at St. Martin's Church at 2 o'clock; I went and waited for her till a quarter-past 2; she said that she had been waiting for a signal from her husband whether he could attend, that she could see his place of business from there, and that he appeared and gave her a negative signal, and would I sign her husband's name. I said I had no proof that she was the wife of Jonas Dillett, she produced her marriage certificate, and I accompanied her to the bank and signed the receipt. To prove that there was no premeditated act of forgery, I signed the surname incorrectly. I was not asked the question whether I was Jonas Dillett till after I had signed the receipt, when I said that I was not, and immediately despatched Mrs. Dillett, believing that her husband would appear and extricate me, and even if I had received the money I should have placed it all in her hands. It will be suspected that there was an improper intimacy subsisting between Mrs. Dillett and myself, such, however, was not the case, nor anything approaching the case, so that I had no inducement to act as I did. This it a truthful statement, and I trust, when you come to look at all the circumstances, you will believe that, how
<lb/>ever foolishly I may have acted, I was not intending to defraud either Jonas Dillett or the Provident Institution.</p>
<p>
<hi rend="smallCaps">
<rs id="t18620707-738-verdict-1" type="verdictDescription">
<interp inst="t18620707-738-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18620707-738-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18620707-739">
<interp inst="t18620707-739" type="uri" value="sessionsPapers/18620707"/>
<interp inst="t18620707-739" type="date" value="18620707"/>
<join result="criminalCharge" id="t18620707-739-charge-1" targOrder="Y" targets="def1-739-18620707 t18620707-739-offence-1 t18620707-739-verdict-1"/>
<p>739.
<persName id="def1-739-18620707" type="defendantName">
<interp inst="def1-739-18620707" type="gender" value="male"/>
<interp inst="def1-739-18620707" type="surname" value="WILKINSON"/>
<interp inst="def1-739-18620707" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE WILKINSON</hi> </persName>, was
<hi rend="italic">again</hi> indicted
<rs id="t18620707-739-offence-1" type="offenceDescription">
<interp inst="t18620707-739-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18620707-739-offence-1" type="offenceSubcategory" value="forgery"/> for feloniously forging and uttering a receipt for the payment of 10
<hi rend="italic">l</hi>. with intent to defraud;</rs> upon which</p>
<xptr type="pageFacsimile" doc="186207070022"/>
<p>
<hi rend="smallCaps">MR. POLAND</hi>
<hi rend="italic">offered no evidence.</hi>
<hi rend="smallCaps">
<rs id="t18620707-739-verdict-1" type="verdictDescription">
<interp inst="t18620707-739-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18620707-739-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, July</hi> 8
<hi rend="italic">th,</hi> 1862.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>—Mr. Ald.
<hi rend="smallCaps">HALE</hi>; Mr. Ald.
<hi rend="smallCaps">DAKIN</hi>; Mr.
<hi rend="smallCaps">COMMON SERJEANT</hi>;</p>
<p>and
<hi rend="smallCaps">ROBERT MALCOLM KERR</hi>, Esq.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18620707-740">
<interp inst="t18620707-740" type="uri" value="sessionsPapers/18620707"/>
<interp inst="t18620707-740" type="date" value="18620707"/>
<join result="criminalCharge" id="t18620707-740-charge-1" targOrder="Y" targets="def1-740-18620707 t18620707-740-offence-1 t18620707-740-verdict-1"/>
<p>740.
<persName id="def1-740-18620707" type="defendantName">
<interp inst="def1-740-18620707" type="gender" value="male"/>
<interp inst="def1-740-18620707" type="age" value="30"/>
<interp inst="def1-740-18620707" type="surname" value="MCDONALD"/>
<interp inst="def1-740-18620707" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES McDONALD</hi> (30)</persName>
<rs id="t18620707-740-offence-1" type="offenceDescription">
<interp inst="t18620707-740-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18620707-740-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. CRAWFORD</hi> and
<hi rend="smallCaps">LLOYD</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-99" type="witnessName">
<interp inst="t18620707-name-99" type="gender" value="female"/>
<interp inst="t18620707-name-99" type="surname" value="TIPPETT"/>
<interp inst="t18620707-name-99" type="given" value="SUSAN CHARLOTTE"/>SUSAN CHARLOTTE TIPPETT</persName> </hi>. I am barmaid to Mr. Hammond, who keeps some refreshment-rooms at South Kensington—on 30th May the prisoner came and asked for a pint of ale, which was twopence—I served him, and he tendered a florin—I had not change in my till and went to the next one for change—I gave the florin to Charles Hewlett, the barman; he tried it with his teeth, bent it, and found it was bad—I told the prisoner it was bad; he said he did not know it, that he bad it in change for a half-sovereign—he gave me a good half-crown to take for the ale—I left the florin with Hewlett—I gave the prisoner 2
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>. change—he drank the ale and was going out, when he was given in charge by Mr. Hammond, I think—the florin was bent up with a hammer.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-100" type="witnessName">
<interp inst="t18620707-name-100" type="gender" value="male"/>
<interp inst="t18620707-name-100" type="surname" value="HEWLETT"/>
<interp inst="t18620707-name-100" type="given" value="CHARLES"/>CHARLES HEWLETT</persName> </hi>. I was barman to Mr. Hammond on 30th May, and was a few yards from the last witness when she served the prisoner—she handed me a florin; I bent it, found it was bad, went to the prisoner and told him so—he said he hid no smaller change—I went down to the office and brought Mr. Hanmond back and the prisoner was given in custody—I gave Mr. Hammond the florin, and saw him give it to the policeman.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-101" type="witnessName">
<interp inst="t18620707-name-101" type="gender" value="male"/>
<interp inst="t18620707-name-101" type="surname" value="CONDUIT"/>
<interp inst="t18620707-name-101" type="given" value="DANIEL"/>DANIEL CONDUIT</persName> </hi> (
<hi rend="italic">Policeman, X</hi> 407). I received the prisoner and this bad florin (
<hi rend="italic">produced</hi>) from Mr. Hammond—the prisoner said he had got no smaller change and was not aware it was a bad one; that he took it is change for a half-sovereign—I took him to Hammersmith police-court—he was remanded till 6th June, and then discharged.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-102" type="witnessName">
<interp inst="t18620707-name-102" type="gender" value="male"/>
<interp inst="t18620707-name-102" type="surname" value="ELLIOTT"/>
<interp inst="t18620707-name-102" type="given" value="JOHN"/>JOHN ELLIOTT</persName> </hi>. I keep the Crown public-house in High Holborn—on Wednesday, 18th June, I was in the bar, and saw the prisoner come in—my barmaid served him with half a pint of beer, which came to 3
<hi rend="italic">d</hi>.—he put down a counterfeit 2
<hi rend="italic">s</hi>. piece, which was handed to me—I told him it was bad, and questioned him about it, and he said he was not aware it was bad—I sent for a constable and gave him in custody—he said he hoped I should not lock him up.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-103" type="witnessName">
<interp inst="t18620707-name-103" type="gender" value="male"/>
<interp inst="t18620707-name-103" type="surname" value="WEBSTER"/>
<interp inst="t18620707-name-103" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This is a bad shilling.</p>
<p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">JOHN ELLIOTT</hi>.
<hi rend="italic">Q.</hi> Did you try the coin which the prisoner laid down?
<hi rend="italic">A.</hi> I took it in my hand—I have had so many of them that I can tell them—I also cut a piece out with a knife—I am certain it was bad—Adelaide Shaw was the person who served him—I saw the prisoner searched; 5 1/2
<hi rend="italic">d</hi>. in coppers was found on him.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I had it given to me for good money.</p>
<p>
<hi rend="smallCaps">
<rs id="t18620707-740-verdict-1" type="verdictDescription">
<interp inst="t18620707-740-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18620707-740-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.**—
<hi rend="italic">
<rs id="t18620707-740-punishment-24" type="punishmentDescription">
<interp inst="t18620707-740-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t18620707-740-punishment-24" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-740-18620707 t18620707-740-punishment-24"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18620707-741">
<interp inst="t18620707-741" type="uri" value="sessionsPapers/18620707"/>
<interp inst="t18620707-741" type="date" value="18620707"/>
<join result="criminalCharge" id="t18620707-741-charge-1" targOrder="Y" targets="def1-741-18620707 t18620707-741-offence-1 t18620707-741-verdict-1"/>
<p>741.
<persName id="def1-741-18620707" type="defendantName">
<interp inst="def1-741-18620707" type="gender" value="male"/>
<interp inst="def1-741-18620707" type="age" value="20"/>
<interp inst="def1-741-18620707" type="surname" value="CONNOR"/>
<interp inst="def1-741-18620707" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN CONNOR</hi> (20)</persName> was indicted
<rs id="t18620707-741-offence-1" type="offenceDescription">
<interp inst="t18620707-741-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18620707-741-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. CRAWFORD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">WILLIAMS</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-105" type="witnessName">
<interp inst="t18620707-name-105" type="gender" value="female"/>
<interp inst="t18620707-name-105" type="surname" value="JONES"/>
<interp inst="t18620707-name-105" type="given" value="REBECCA"/>REBECCA JONES</persName> </hi>. I am the wife of Edward Jones, of Burleigh-street, Strand</p>
<xptr type="pageFacsimile" doc="186207070023"/>
<p>—on Friday, 13th June, the prisoner came for half a pint of beer and a screw of tobacco, which came to 2
<hi rend="italic">d</hi>. and tendered a half-crown, which I found to be bad—I asked him if he had any other coin—he made no answer, and I walked round the bar, with the coin in my hand, called in the hackney carriage attendant, and gave him in custody, and after that he threw down a penny for the beer and I took back the tobaoco—the man took him to the station-house—I marked the half-crown and gave it to the inspector at the station.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> When and when did yon mark it?
<hi rend="italic">A.</hi> At the station, when the charge was given—I did not part with it, or lose sight of it, until I marked it, and then I gave it to the hackney carriage attendant—the policeman was not at my house—I did not put the half-crown in the till—I knew it was bad by the chink on the counter, before looking at it.</p>
<p>
<hi rend="smallCaps">MR. CRAWFORD</hi>.
<hi rend="italic">Q.</hi> Did you give it to the inspector at the station?
<hi rend="italic">A.</hi> Yes, to look at; and he returned it to me to mark, and then I gave it to the hackney carriage attendant.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-106" type="witnessName">
<interp inst="t18620707-name-106" type="gender" value="male"/>
<interp inst="t18620707-name-106" type="surname" value="SIMPSON"/>
<interp inst="t18620707-name-106" type="given" value="WILLIAM"/>WILLIAM SIMPSON</persName> </hi>. I am the hackney carriage attendant at Burleigh-street cab-stand—I received the prisoner in custody from the last witness—the said that he called for a pint of beer and screw of tobacco and gave her a bad half-crown—the prisoner said nothing to that, bat threw down a penny—I took him to the station—this half-crown (
<hi rend="italic">produced</hi>) was given me by the last witness after she had milked it—she prisoner gave the name of John Barry—he was remanded till 16th June, and then discharged.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Were you present when I paid the money?
<hi rend="italic">A.</hi> No; I cannot swear that this is the coin you paid for the beer and tobacco—she did not mark it in her house as far as I know.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-107" type="witnessName">
<interp inst="t18620707-name-107" type="gender" value="male"/>
<interp inst="t18620707-name-107" type="surname" value="LUCY"/>
<interp inst="t18620707-name-107" type="given" value="JOSIAH"/>JOSIAH LUCY</persName> </hi>. I am assistant to Mr. Dalton, bookseller, at 28, Cockspur-street—on Monday, 23d June, the prisoner came in between 6 and 7 in the evening for four shillings and a penny's worth of stamps—I put them on the counter, and he put down a half-crown, a shilling, a sixpence, and a penny—I suspected from the nature of the transaction that the half-crown was bad—I looked at it, and marked it immediately, telling him I thought it was bad—I looked the door, placed the half-crown in the scale against a good half-crown, and proving the marked one to be light, I sent for a police
<lb/>man and gave him in custody—he said, before the policeman came, "I was not aware the half-crown was bad; you may as well give me two shillings worth of stamps and let me go"—I took no notice of that—I kept the half-crown—he took up the 1
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>.—I laid it on the counter with the stamps, and then I told him he had better put the money down again—the constable meanwhile arrived and I gave the prisoner in custody—I gave the half-crown, stamps, and the other money to the policeman.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-108" type="witnessName">
<interp inst="t18620707-name-108" type="gender" value="male"/>
<interp inst="t18620707-name-108" type="surname" value="TERRILL"/>
<interp inst="t18620707-name-108" type="given" value="WILLIAM"/>WILLIAM TERRILL</persName> </hi> (
<hi rend="italic">Policeman, A</hi> 590). I took the prisoner in custody and received this half-crown (
<hi rend="italic">produced</hi>) from the last witness—the prisoner said he was not aware of its being bad—he thought he had taken it at Croydon, of a dealer in note-paper—I searched him and found fivepence worth of half-crown, a sixpence, and threepenny piece, good money; a comb, and a pencil.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-109" type="witnessName">
<interp inst="t18620707-name-109" type="gender" value="male"/>
<interp inst="t18620707-name-109" type="surname" value="WEBSTER"/>
<interp inst="t18620707-name-109" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These two half-crowns are bad.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I came to London for the first time on 4th June, and through destitution I was obliged to pawn a pair of boots, the ticket for which I sold, and amongest other money received the half-crown, and paid for the porter and tobacco, believing it to be good; the money which I</p>
<xptr type="pageFacsimile" doc="186207070024"/>
<p>paid for the stamps I received at Croydon in change for a half-sovereign; I had not the slightest knowledge of its being bad.</p>
<p>
<hi rend="smallCaps">
<rs id="t18620707-741-verdict-1" type="verdictDescription">
<interp inst="t18620707-741-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18620707-741-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18620707-741-punishment-25" type="punishmentDescription">
<interp inst="t18620707-741-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t18620707-741-punishment-25" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-741-18620707 t18620707-741-punishment-25"/>Confined Six Months</rs>.</hi> </p>
<p>
<hi rend="italic">Before Robert Malcolm Kerr, Esq.</hi> </p> </div1>
<div1 type="trialAccount" id="t18620707-742">
<interp inst="t18620707-742" type="uri" value="sessionsPapers/18620707"/>
<interp inst="t18620707-742" type="date" value="18620707"/>
<join result="criminalCharge" id="t18620707-742-charge-1" targOrder="Y" targets="def1-742-18620707 t18620707-742-offence-1 t18620707-742-verdict-1"/>
<p>742.
<persName id="def1-742-18620707" type="defendantName">
<interp inst="def1-742-18620707" type="gender" value="male"/>
<interp inst="def1-742-18620707" type="age" value="18"/>
<interp inst="def1-742-18620707" type="surname" value="PEASTON"/>
<interp inst="def1-742-18620707" type="given" value="JOSEPH"/>
<hi rend="largeCaps">JOSEPH PEASTON</hi> (18)</persName>
<rs id="t18620707-742-offence-1" type="offenceDescription">
<interp inst="t18620707-742-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18620707-742-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, Stealing 2 engraved metal plates, and 10lbs. of metal, the property of
<persName id="t18620707-name-111" type="victimName">
<interp inst="t18620707-name-111" type="gender" value="male"/>
<interp inst="t18620707-name-111" type="surname" value="BONING"/>
<interp inst="t18620707-name-111" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18620707-742-offence-1 t18620707-name-111"/>James Boning</persName>, his master; to which he</rs> </p>
<p>
<rs id="t18620707-742-verdict-1" type="verdictDescription">
<interp inst="t18620707-742-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18620707-742-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>
<hi rend="smallCaps">PLEADED GUILTY</hi>.—</rs>
<rs id="t18620707-742-punishment-26" type="punishmentDescription">
<interp inst="t18620707-742-punishment-26" type="punishmentCategory" value="noPunish"/>
<interp inst="t18620707-742-punishment-26" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-742-18620707 t18620707-742-punishment-26"/>
<hi rend="italic">Recommended to mercy by the prosecutor.</hi>
<hi rend="smallCaps">MR. RIGBY</hi>
<hi rend="italic">stated that there was reason to believe that the prisoner had been acting under the evil influences of others.—Judgment Respited.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18620707-743">
<interp inst="t18620707-743" type="uri" value="sessionsPapers/18620707"/>
<interp inst="t18620707-743" type="date" value="18620707"/>
<join result="criminalCharge" id="t18620707-743-charge-1" targOrder="Y" targets="def1-743-18620707 t18620707-743-offence-1 t18620707-743-verdict-1"/>
<join result="criminalCharge" id="t18620707-743-charge-2" targOrder="Y" targets="def2-743-18620707 t18620707-743-offence-1 t18620707-743-verdict-1"/>
<p>743.
<persName id="def1-743-18620707" type="defendantName">
<interp inst="def1-743-18620707" type="gender" value="male"/>
<interp inst="def1-743-18620707" type="age" value="26"/>
<interp inst="def1-743-18620707" type="surname" value="WINN"/>
<interp inst="def1-743-18620707" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY WINN</hi> (26)</persName>, and
<persName id="def2-743-18620707" type="defendantName">
<interp inst="def2-743-18620707" type="gender" value="male"/>
<interp inst="def2-743-18620707" type="age" value="17"/>
<interp inst="def2-743-18620707" type="surname" value="PATTERSON"/>
<interp inst="def2-743-18620707" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN PATTERSON</hi> (17)</persName>
<rs id="t18620707-743-offence-1" type="offenceDescription">
<interp inst="t18620707-743-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18620707-743-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery on
<persName id="t18620707-name-114" type="victimName">
<interp inst="t18620707-name-114" type="gender" value="male"/>
<interp inst="t18620707-name-114" type="surname" value="MASSETT"/>
<interp inst="t18620707-name-114" type="given" value="HERMAN"/>
<join result="offenceVictim" targOrder="Y" targets="t18620707-743-offence-1 t18620707-name-114"/>Herman Massett</persName>, and stealing from his person 1 handkerchief, his property.</rs> </p>
<p>
<hi rend="smallCaps">MR. BESLEY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-115" type="witnessName">
<interp inst="t18620707-name-115" type="gender" value="male"/>
<interp inst="t18620707-name-115" type="surname" value="MASSETT"/>
<interp inst="t18620707-name-115" type="given" value="HERMAN"/>HERMAN MASSETT</persName> </hi>. I live at 4, Mercy-terrace, Shadwell—on the night of 16th June, I was in High-street, Shadwell, coming from my house—I had been making some rye bread, which I am obliged to make at night, and that was why I was out so late—I had drunk a pot of half-and-half, no more—I was not so drunk as I am now—I saw the two prisoners and another one together—they insulted me, and Winn took me by the throat and threw me down—then the policeman came up and they went away—the third one had a knife, and when the policeman was gone he said, "Keep the beggar down; if he don't give the money he has in his pocket, I shall cut his throat"—Patterson kept me down also—I was kept down about five or ten minutes perhaps, I cannot say—I hallooed for the police and they stopped my mouth—there were lamps in the street—I cannot tell how far it was from a lamp
<lb/>post—it was light enough for me to see the persons who were holding me down—I am quite sure that the prisoners are two of the three—I afterwards went to the station-house.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>. (
<hi rend="italic">For Patterson). Q.</hi> Did you charge a person named Monk with this robbery, one of the witnesses?
<hi rend="italic">A.</hi> I do not know—(
<hi rend="italic">Monk was here brought into Court</hi>)—I did not charge that man with robbing me—I did not see a female there just before the policeman came—no woman was there, or spoke to me, while the matter was going on—I swear that no woman spoke to me at all—(
<hi rend="italic">Mary Brown was here brought into Court</hi>)—I did not see her there at all—she did not speak to me—I thought Monk was the man that had the knife—he was very much like him—I made a mistake—I did charge Monk, in error—I did not hear Patterson asked his name and address by the officer—I did give him in custody when I saw him at the police-station—I know perfectly well he was on the top of me—I do not know that Patterson was allowed by the inspector to walk away—he was holding me down as well as the others with his hand, and his knee was on my breast—he was not assisting me to get up—I could get up as well as I can to-day—I was not so drunk as I am to-day—I have had more that a pot of beer to-day—he was holding me down as much as he could—it is not the fact that he was holding me, but not attempting to keep me down.</p>
<p>
<hi rend="italic">Winn. Q.</hi> Did you see me before I was taken to the station?
<hi rend="italic">A.</hi> I saw you twice—I did not see you given in charge—I was in bed when you were given in charge—I swear you were on the top of me twice, once in Lime-house and once in Shadwell—when the policeman came the first time you got away, and when he was gone you insulted me again, and dragged me on the ground.</p>
<xptr type="pageFacsimile" doc="186207070025"/>
<p>
<hi rend="italic">Winn.</hi> At the station he said he did not know Patterson; when the policeman asked me my address, I gave it him.</p>
<p>
<hi rend="smallCaps">MR. BESLEY</hi>.
<hi rend="italic">Q.</hi> Was it the same night, that you thought Monk was the man who had the knife?
<hi rend="italic">A.</hi> Yes; at the spot where I was knocked down—he had clothes on like Mr. Monk's—as soon as I got up, I thought Monk was the man who had the knife.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-116" type="witnessName">
<interp inst="t18620707-name-116" type="gender" value="male"/>
<interp inst="t18620707-name-116" type="surname" value="PAWSEY"/>
<interp inst="t18620707-name-116" type="given" value="ISAAC"/>ISAAC PAWSEY</persName> </hi> (
<hi rend="italic">Policeman, K</hi> 49). I was on duty in Shadwell on the night of 17th June, about a quarter past 12 o'clock—my attention was attracted by cries of "Police!" and "Murder!"—I went to the spot where there was a crowd, and found the two prisoners in custody of another constable and a sergeant—we could not find the prosecutor at that time; he had run away, frightened—we took the names and address of the prisoners, and they were let go—we afterwards went to the addresses and found them both in bed, and took them—that was after I had been to the prosecutor's house, and had seen him.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> You found Patterson at the address he gave you?
<hi rend="italic">A.</hi> Yes; I found each at his residence—Patterson was residing with his parents—I have made inquiries since, and have ascertained him to be a lad of great respectability, and in respectable employment.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-117" type="witnessName">
<interp inst="t18620707-name-117" type="gender" value="male"/>
<interp inst="t18620707-name-117" type="surname" value="MONK"/>
<interp inst="t18620707-name-117" type="given" value="GEORGE"/>GEORGE MONK</persName> </hi>. I am a carman in Mr. Higgins' employment, Ratcliff-highway—I was in Shadwell on the night of 17th June—I saw the last wit
<lb/>ness and prosecutor there—there was not a crowd of persons there—I saw the prisoners standing in a doorway—after I had gone by about ten or fifteen yards, I heard something like a horse falling, and heard a man say, "Oh," and I went back and saw the prisoners on the top of the prosecutor—I said, "My good fellows, that is unfair play; let the man get up"—Winn jumped up and came on to the pavement where I stood; they were in the middle of the road—he said, "If you say anything, I will knock your b—head off" by that time Patterson got up and came to the pavement—the prosecutor then got up and sat on his backside and sung out, "Police!"—the police
<lb/>man came, and I said, "Here is some unfair play here"—the prosecutor got up and said, "They have been trying to rob me"—Patterson turned round and said, "Do you mean to say I am a thief"—I said, "No, I don't say any
<lb/>thing of the kind"—after a little while we walked along the street, and the policeman and another man brought the other man hack—I said directly, "That is the other man."</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Was there any third man?
<hi rend="italic">A.</hi> I did not see any third man—about three or four minutes elapsed between my seeing the prisoners in the doorway and seeing them on the top of the prosecutor—they had passed over about ten or twenty yards in that time—a third man could not have been there without my seeing him.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> You were not charged, were you?
<hi rend="italic">A.</hi> No—the prosecutor did not say I was the man who had ventured to rob him—I have been a policeman, but am not now—I was in the Marlborough-street division sixteen years and three months—I did not leave of my own accord—Mr. Beadon told me he did net believe me on my oath—I was dis
<lb/>missed and had a month's imprisonment besides. (
<hi rend="smallCaps">THE COURT</hi>
<hi rend="italic">considered that there was no reliable evidence upon which the Jury could convict.</hi>)</p>
<p>
<hi rend="smallCaps">
<rs id="t18620707-743-verdict-1" type="verdictDescription">
<interp inst="t18620707-743-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18620707-743-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18620707-744">
<interp inst="t18620707-744" type="uri" value="sessionsPapers/18620707"/>
<interp inst="t18620707-744" type="date" value="18620707"/>
<join result="criminalCharge" id="t18620707-744-charge-1" targOrder="Y" targets="def1-744-18620707 t18620707-744-offence-1 t18620707-744-verdict-1"/>
<p>744.
<persName id="def1-744-18620707" type="defendantName">
<interp inst="def1-744-18620707" type="gender" value="male"/>
<interp inst="def1-744-18620707" type="age" value="28"/>
<interp inst="def1-744-18620707" type="surname" value="OLIVER"/>
<interp inst="def1-744-18620707" type="given" value="PHILIP"/>
<hi rend="largeCaps">PHILIP OLIVER</hi> (28)</persName>
<rs id="t18620707-744-offence-1" type="offenceDescription">
<interp inst="t18620707-744-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18620707-744-offence-1" type="offenceSubcategory" value="burglary"/>, Burglariously breaking and entering the dwelling-house of
<persName id="t18620707-name-119" type="victimName">
<interp inst="t18620707-name-119" type="gender" value="male"/>
<interp inst="t18620707-name-119" type="surname" value="HOWCHIN"/>
<interp inst="t18620707-name-119" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18620707-744-offence-1 t18620707-name-119"/>William Howchin</persName>, and stealing therein 1 dressing-case and other articles, value 100
<hi rend="italic">l</hi>., and 49
<hi rend="italic">l</hi>. in money, his property; to which he</rs> </p>
<p>
<rs id="t18620707-744-verdict-1" type="verdictDescription">
<interp inst="t18620707-744-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18620707-744-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>
<hi rend="smallCaps">PLEADED GUILTY</hi>.—</rs>
<rs id="t18620707-744-punishment-27" type="punishmentDescription">
<interp inst="t18620707-744-punishment-27" type="punishmentCategory" value="noPunish"/>
<interp inst="t18620707-744-punishment-27" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-744-18620707 t18620707-744-punishment-27"/>
<hi rend="italic">Judgment Respited.</hi> </rs> </p> </div1>
<xptr type="pageFacsimile" doc="186207070026"/>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, July</hi> 9
<hi rend="italic">th,</hi> 1862.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>—The Right Hon. the
<hi rend="largeCaps">LORD MAYOR</hi>; Mr.
<hi rend="smallCaps">JUSTICE WIGHTMAN</hi>; Mr.
<hi rend="smallCaps">JUSTICE CROMPTON</hi>; Mr. Ald.
<hi rend="smallCaps">HALE</hi>; Mr. Ald.
<hi rend="smallCaps">ALLEN</hi>; and Mr. Ald.
<hi rend="smallCaps">MECHI</hi>.</p>
<p>
<hi rend="italic">Before Mr. Justice Wightman.</hi> </p>
<div1 type="trialAccount" id="t18620707-745">
<interp inst="t18620707-745" type="uri" value="sessionsPapers/18620707"/>
<interp inst="t18620707-745" type="date" value="18620707"/>
<join result="criminalCharge" id="t18620707-745-charge-1" targOrder="Y" targets="def1-745-18620707 t18620707-745-offence-1 t18620707-745-verdict-1"/>
<p>745.
<persName id="def1-745-18620707" type="defendantName">
<interp inst="def1-745-18620707" type="gender" value="female"/>
<interp inst="def1-745-18620707" type="age" value="33"/>
<interp inst="def1-745-18620707" type="surname" value="VYSE"/>
<interp inst="def1-745-18620707" type="given" value="ANN CORNISH"/>
<hi rend="largeCaps">ANN CORNISH VYSE</hi> (33)</persName>, was indicted
<rs id="t18620707-745-offence-1" type="offenceDescription">
<interp inst="t18620707-745-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18620707-745-offence-1" type="offenceSubcategory" value="murder"/> for the wilful murder of
<persName id="t18620707-name-121" type="victimName">
<interp inst="t18620707-name-121" type="gender" value="female"/>
<interp inst="t18620707-name-121" type="surname" value="VYSE"/>
<interp inst="t18620707-name-121" type="given" value="ALICE KATE"/>
<join result="offenceVictim" targOrder="Y" targets="t18620707-745-offence-1 t18620707-name-121"/>Alice Kate Vyse</persName>; she was also charged on the Coroner's Inquisition with the like offence.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-122" type="witnessName">
<interp inst="t18620707-name-122" type="gender" value="male"/>
<interp inst="t18620707-name-122" type="surname" value="CHAMBERS"/>
<interp inst="t18620707-name-122" type="given" value="MONTAGUE"/>MR. MONTAGUE CHAMBERS</persName> </hi>,
<hi rend="smallCaps">MR. SLEIGH</hi>,
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. BESLEY</hi>
<hi rend="italic">conducted the</hi> </p>
<p>
<hi rend="italic">Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-123" type="witnessName">
<interp inst="t18620707-name-123" type="gender" value="male"/>
<interp inst="t18620707-name-123" type="surname" value="TAYLOR"/>
<interp inst="t18620707-name-123" type="given" value="JOHN LUNWICK"/>JOHN LUNWICK TAYLOR</persName> </hi>. I am assistant to Mr. Keating, a chemist, of St. Paul's-churchyard—the prisoner was a customer of his, and I knew her as such—on Thursday, 22d May, she came there between 11 and 12 o'clock, and asked to be shown some perfumes—I showed her some, and she selected some extract of spring flowers—before leaving the shop she said that her house was much infested with rats and mice; that they had destroyed the shop ceiling, which had cost them 5
<hi rend="italic">l</hi>. to repair; that they also came into the bedroom and they could not sleep at night for them; that they even came up the bed curtains, and she was obliged to put out her hand and shake them off, and she heard them fall on the floor—she said, "Do you know, I am so afraid of them getting at my baby," and asked if she could have some prussic add or something to destroy them with—I told her we did not supply prussic acid for such a purpose, and recommended her Barber's poisoned wheat as the safest remeay—she said that they had tried that and found it of no use, and asked what other things we had for the purpose—I told her we had Butler's and Battle's vermin killer—she asked me which I could re
<lb/>commend—I told her I had heard Battle's very well spoken of, and she said that she would have a shilling packet of it—we had not one in stock, so she took two threepenny ones and one sixpenny one—I told her it was a dangerous poison, and she must be careful how she used it—I said, "I suppose the children are in the country?"—she said, "No, they are with me in town"—the officer has since shown me some pieces of paper—the threepenny packets were wrapped up in yellow, and the other one in blue—these papers (
<hi rend="italic">pro
<lb/>duced</hi>) are portions of the wrappers—we get these powders wholesale from Edwards', in St. Paul's-charchyard, or Barclay's.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>. (
<hi rend="italic">With</hi>
<hi rend="smallCaps">MR. METCALFE</hi>).
<hi rend="italic">Q.</hi> Have you seen these poor children about with Mrs. Vyse?
<hi rend="italic">A.</hi> No; I do not know that I ever saw them; not to my knowledge.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-124" type="witnessName">
<interp inst="t18620707-name-124" type="gender" value="female"/>
<interp inst="t18620707-name-124" type="surname" value="MCSWEENEY"/>
<interp inst="t18620707-name-124" type="given" value="MARY ANN"/>MARY ANN MCSWEENEY</persName> </hi>. I was in the service of Mr. and Mrs. Vyse as housemaid—on 22d May I saw Mrs. Vyse with her bonnet on—I had seen the children that morning at 9 o'clock, the breakfast hour—they were in good health at that time—I took up the dinner about 2 o'clock in the dining-room, from the first-floor—the second-floor front is the dining-room—there are two dining-rooms—Mrs. Vyse was carving the dinner—there was cold roast beef for dinner, and rice pudding—the dining-room to which I took the dinner is on the first floor—some of the young ladies dined there, and Mrs. Vyse, who carved and helped, and she carved and helped the dinner that was for the children, and I took it up to the three children, who were on the second floor—the boy was there; his name is Charles Vyse; he is about ten years old, but I cannot state the age of any of the children—they had two girls and a boy; those were the three that were up stairs—Alice was one</p>
<xptr type="pageFacsimile" doc="186207070027"/>
<p>of them; the other girl was Annie—they were both younger than the boy—I took them up some cold beef and rice padding—they had milk and water to drink with it—Master Charles, the boy, ate the rice pudding at well as his sisters—I took away the things after dinner; they had a table-cloth and everything laid for them there—I also took away the things from down below—Master Charles generally goes to school after dinner, and I think he went out—the two girls were in the dining-room when I took away the dinner things; that was half an hour or twenty minutes after I had brought the things into the room—Mrs. Vyse did not go up stain at all during the time the children were at dinner; she remained down at the other dinner table—the children dined in their own bedroom, and I saw them there about half an hour or twenty minutes after I had taken the things away from dinner—I saw the two girls playing about there; that was between 3 and 4 o'clock—shortly before 4 o'clock I saw Mrs. Vyse in her bedroom, which is on the same floor as the children's bedroom—it is divided from hers by a wall—there is no door in the wall so that you can go from the one to the other; you have to go out on the landing—Mrs. Vyse had not her bonnet on when I saw her in her bedroom—I went up stairs, and on my coming down ten minutes afterwards, she was coming up stairs with her bonnet and shawl on into her own bedroom—she went into her bedroom and said, "Elisa, go to Mr. Keating's for a packet of the same powders which I had in the morning; make haste, and look sharp"—I went to Keating's, that is a very short dis
<lb/>tance from the house, which is at the upper end of Ludgate-hill—I had to go through St. Paul's-churchyard—I had to wait a short time before I got the powder from Mr. Keating's, and having got it I returned to the house and went upstairs to Mrs. Vyse's bedroom—the door was shut; I knocked, but could get no answer—I knocked again, and the answer I got was, "Can't come in"—I then went up stairs—the cook was upstairs—I then went down by my
<lb/>self and knocked at Mrs. Vyse's door again—she said, "Who is there?"—I said, "Eliza"—she spoke in a low manner to me, and said a second time, "You can't come in"—I then went down stairs to the shop to Miss Saunders, her sister, who was there, and who went up stairs with me—Miss Saunders knocked at the door and called her by her Christian name, but she made no answer—I think Miss Saunders knocked twice, and after that she and I forced the door open, and I saw Mrs. Vyse standing over the marble wash hand-stand with a razor in her right hand—when the door was first opened she held her hand down in this way, and Miss Saunders said, "Pray God," or "Pray, what are you doing?" I cannot say which; "Let me die with you, dear; but the razor I cannot take in my hand"—I then said, "I shall go for a doctor"—Mrs. Vyse put her hand into her pocket and took a letter out—she said that she was mad and wished to die, and that her children were in heaven—I think she took out the letter after saying that she was mad and wished to die, and that her ohildren were in heaven; but I was so confused I cannot remember whether it was before or after when she took the letter out of her pocket—she said to Miss Saunders, "Take this"—that is all the said—Miss Saunders took it—before I left the room Mrs. Vyse asked me for the powder more than once, but I refused to give it to her—I afterwards went into the children's bedroom, and found the two little girls in bed with the clothes over them—they were dressed, but their shoes were off; they seemed to me as if they were asleep—I did not touch them or speak to them, but I put my hand on Alice's face, and it was warm—I did not know they were dead; I thought they were asleep—I then went to Mr. Keating's—there was a gentleman there—I have seen Dr. Payne since—I gave the powder which</p>
<xptr type="pageFacsimile" doc="186207070028"/>
<p>I had brought from Mr. Keating's to another gentleman—the gentleman sit
<lb/>ting by you (
<hi rend="italic">Mr. Wood</hi>) looks like him, but I cannot swear to him—the gen
<lb/>tleman I saw at Mr. Keating's went back with me to Mrs. Vyse—I am the housemaid and attended to the bedroom in which the children slept—I found there two tumblers on the washhand-stand—there was usually only one tumbler there—I only left one there when I cleared the room that morning—the children had slept there the night before—Mr. and Mrs. Vyse have a country house at Surbiton, near Kingston—I cannot say whether the three children had been brought up that morning, or only two—I think the boy had been brought up that morning to go to school—the little girls had not been brought up the day before; they were brought up on the Wednesday—there were five children; there are three alive now—there is a baby about a year and a half old, and which was at Surbiton.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> These two children were not at school, were they?
<hi rend="italic">A.</hi> No—the mother used to attend to them when they were in Ludgate-street—I have seen her there with them—she always appeared attentive to them, and very affectionate to all the children—she used, when they were at Ludgate-street, to undress them at night and drees them in the morning—she seemed very proud of their hair; it hung down their backs, and she took a great deal of pains with it—they were very fond of her—I did not see her kiss them after dinner.</p>
<p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> Do you know whether they drank any milk and water at their dinner?
<hi rend="italic">A.</hi> Yes; the boy drank some as well.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-125" type="witnessName">
<interp inst="t18620707-name-125" type="gender" value="male"/>
<interp inst="t18620707-name-125" type="surname" value="MARSHALL"/>
<interp inst="t18620707-name-125" type="given" value="FREDERICK"/>FREDERICK MARSHALL</persName> </hi>. I am assistant to Mr. Keating, the chemist, of St. Paul's-churchyard—the last witness came there on this afternoon, and asked for a packet of the same powders as Mrs. Vyse had purchased in the morning, "Battle's vermin powder"—I was present when Mrs. Vyse was there in the morning—I knew what she had had—I knew that we had not one in stock, and I sent out for one—I kept her waiting three or four minutes while I sent to Edwards' for it, the wholesale chemists in St. Paul's-churchyard; and when the messenger returned from there with the powder, I gave it to her—it was a white packet; a shilling packet.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-126" type="witnessName">
<interp inst="t18620707-name-126" type="gender" value="female"/>
<interp inst="t18620707-name-126" type="surname" value="SAUNDERS"/>
<interp inst="t18620707-name-126" type="given" value="SARAH"/>SARAH SAUNDERS</persName> </hi>. I am the prisoner's sister—on the afternoon of 22d May, I went up to her door—I endeavoured to get in and then forced the door—I addressed the prisoner, and she made no answer; but made a motion to the wall when I spoke to her—she merely pointed with her hand and said, "There"—that was to the wall dividing the children's room from her's—she handed me a letter in a fastened envelope, but said nothing—it was directed to me—I opened it the same evening—I did not read it—I scanned and destroyed it two or three days afterwards—I cannot recollect anything that was in it—it was a short letter; merely a note—I do not remember one word that was in it—I merely looked at it—I never even saw how it was addressed to me—I was so ill that I was obliged to close it, and that it why I did not read it—I did not look how it was addressed—I saw the outside, but only at the time she gave it to me—I have not the least recollection of anything that was contained in it—I kept it in my pocket till I destroyed it—it was before I went to the Coroner's inquest that I destroyed it—I took three coloured papers oat of my sister's pocket that afternoon—they were papers that Battle's vermin powder had been wrapped in—there was nothing in them—these are them (
<hi rend="italic">produced</hi>)—I have not looked to see what is marked on them—my sister did not tell me at the time why she brought these two children up to town—I heard afterwards, but not from her—I did not know that they were coming to town before that time.</p>
<xptr type="pageFacsimile" doc="186207070029"/>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> your sister was usually at the shop at Ludgate-hill, was she not?
<hi rend="italic">A.</hi> Yes; she superin
<lb/>tended the business—she was forewoman of the business at the time Mr. Vyse married her, and she managed the business from that time; he attending to the out-door work principally—I was likewise in the estab
<lb/>lishment—my sister and I were on the most affectionate terms—I have seen a great deal of her, at her wish, since this event—she was a very found mother to those two children—I recollect the loss of one of the children; in November, 1860, I think it was—it was a year and ten months old; it died of diphtheria—it was taken ill at Surbiton, when she was in London, and the servants, not thinking the illness serious, omitted to inform her of it—she was present at its death, but always fancied that if she had been present earlier she could have saved its life—there was also an unfortunate circum
<lb/>stance about its burial: the vault got flooded, and the child remained unburied for some time—I have noticed a very marked difference in my sister's behaviour since that time—she has had fits of despondency at times, and was sometimes violent without any apparent cause—I believe that the last time my sister was unwell was the last week in April; I think the Sunday would be the period when she would be unwell again—I know, as a matter of fact, that she has not been unwell since the last week in April—I have always heard her speak of her children in terms of great affection, and she took very great pride in them—I know nothing about the shoes which were sent home for these two children—Mr. Vyse's duties took him out a great deal—he went to the manufacturers and places, and she super
<lb/>intended the in-door business.</p>
<p>
<hi rend="smallCaps">MR. CHAMBERS</hi>.
<hi rend="italic">Q.</hi> Did she attend to the establishment on Ludgate-hill?
<hi rend="italic">A.</hi> Yes; she slept there, and went to Surbiton on Saturday evenings—she was always considered a good woman of business; that continued up to 22d May—the business hours were from 9 to 8 in the evening—there were twenty young ladies there, or more—my sister attended to the shop; serving ladies who came, and everything connected with the business.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-127" type="witnessName">
<interp inst="t18620707-name-127" type="gender" value="female"/>
<interp inst="t18620707-name-127" type="surname" value="JOHNSTON"/>
<interp inst="t18620707-name-127" type="given" value="SARAH"/>SARAH JOHNSTON</persName> </hi>. I am in the service of Mr. and Mrs. Vyse, as cook—I prepared the dinner on 22d May; it consisted of cold beef and rice pudding—I made the rice pudding myself—I have never seen any of Battle's vermin powder in the kitchen—I put nothing in the rice pudding but the usual ingredients—the dinner was taken up by the housemaid—I saw the two girls about 2, or at the time they were having their dinner—they appeared in their usual state of health—I did not see the milk and water that they were having—the boy was there at the time—I saw them in the kitchen before dinner, about half-past 1—Mrs. Vyse came into the kitchen, and the youngest child asked her where she had been to—Mrs. Vyse said that she had been in St. Pal's-churchyard—she kissed one of them; the one, I think, who asked the question; but they were both together—she told them to go upstairs, and she left the kitchen telling me to send them upstairs as the five would make them ill—the family partook of the same dinner, and so did the young ladies and myself—I next saw Mrs. Vyse about a quarter to 2—I saw her at the time she was carving the dinner in the dining-room—I next saw the children, about a quarter to 4, in the front room, lying on the bed—I cannot say whether they were dead; I did not go near them—I know that there were a good many rats and mice in the house.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> I believe the ceiling had to be taken down?
<hi rend="italic">A.</hi> Yes; it had to be repaired several times.</p>
<xptr type="pageFacsimile" doc="186207070032"/>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-128" type="witnessName">
<interp inst="t18620707-name-128" type="gender" value="female"/>
<interp inst="t18620707-name-128" type="surname" value="HARRISSON"/>
<interp inst="t18620707-name-128" type="given" value="ELIZABETH"/>ELIZABETH HARRISSON</persName> </hi>. I am female searcher at the Fleet-street station—on 22d May, about twenty minutes to 10 at night, I went to attend on Mrs. Vyse at her place on Ludgate-hill—she was in bed; there were police
<lb/>men in the adjoining room—I remained in her room till about 10 o'clock on the following day—she slept a little at times, and made a moaning noise during the night—I did not speak to her at all—on the next morning, Friday, she asked the housemaid to tell Smith that she wanted to speak to him—before Smith came in, Miss Saunders came in and asked her sister if she could not deliver the message to Smith—Mrs. Vyse replied, "No;" and Smith at that moment came in—Mrs. Vyse put her hand out of bed to shake hands with Smith, and Miss Saunders withdrew from the side of the bed to allow Smith to pass—Smith shook hands with Mrs. Vyse, and they both appeared very much grieved and excited—she said, "Smith, oh! Mary has been the whole cause of this here"—Smith said, "Keep yourself quiet,
<hi rend="italic">Mum,</hi> and if I could lay my life down, or five thousand lives, to recall what you
<hi rend="italic">done</hi> yesterday, I would do so"—Mrs. Vyse said, "It is done and it cannot be undone"—that was all—about half-past 4 that Friday morning, Mrs. Vyse asked if her children had been attended to—I was then sitting close by the bedside—I did not speak the first time, neither did the nurse; she asked a second time, and we said, "No"—she said, "Why?"—and we said that it was not usual until the Coroner's Inquest had sat upon them—there was a nurse there as well as me.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Do you mean that Mrs. Vyse spoke those words so distinctly that you could hear them?
<hi rend="italic">A.</hi> Yes; it was in Smith's presence; he had got hold of her hand—there was another nurse who sat up with her, but she had left the room—I am searcher at the police-station—I was close to the bedside and had no difficulty in hearing what Mrs. Vyse stated—I heard it quite plainly; but not so plainly as I am speaking—I do not know whether Mr. Smith is here—Miss Sannders was not there; she left the room.</p>
<p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">MISS SAUNDERS</hi>.
<hi rend="italic">Q.</hi> Is there any person whatever in your establishment of the name of Mary?
<hi rend="italic">A.</hi> I know nobody of that name—I have never heard the servants complain or intimate any
<lb/>thing about any Mary whatever; nor did I, while attending to my sister, hear her allude to any person named Mary.</p>
<p>
<hi rend="smallCaps">MR. CHAMBERS</hi>.
<hi rend="italic">Q.</hi> What name used you to call the cook by?
<hi rend="italic">A.</hi> Mary—she is the only Mary; the person who has been examined to-day—she was called Mary, though her Christian name is a different one.</p>
<p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Have you heard your sister blame the cook?
<hi rend="italic">A.</hi> No; never in my life—the female searcher was removed by order of the doctors.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-129" type="witnessName">
<interp inst="t18620707-name-129" type="gender" value="male"/>
<interp inst="t18620707-name-129" type="surname" value="SMITH"/>
<interp inst="t18620707-name-129" type="given" value="WILLIAM"/>WILLIAM SMITH</persName> </hi>. I am manager and porter in Mr. Vyse's service—I have been employed by his father and him for about twenty-eight years—on the Friday morning I was sent for by Mrs. Vyse; it was about 8 o'clock, I think—I went into her bedroom—I had been up the principal part of the night before—I do not live there, but I had remained there all night—I took hold of Mrs. Vyse's hand, and leant over her, and all that I heard her say was in a very inarticulate guttural way—all that I could distinguish was, "What will they do?" or, "What will he do?"—I cannot swear which it was—those were the only words—I did not say, "Do to whom?"—I heard no name—she did not say what will they do with anybody—I have no recol
<lb/>lection of making any answer—I had been drinking during the night, and was very much excited and very much distressed—I cannot recollect who came and told me I was wanted, or what caused me to go into the room.</p>
<xptr type="pageFacsimile" doc="186207070033"/>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> I suppose you have seen this poor woman on more occasions than one after the event?
<hi rend="italic">A.</hi> Never since—when she spoke those words, I was leaning over her—I do not know where the searcher was standing—I had drunk more than I am accus
<lb/>tomed to, and was so distressed, and in such a state of excitement, that I can identify nothing.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-130" type="witnessName">
<interp inst="t18620707-name-130" type="gender" value="male"/>
<interp inst="t18620707-name-130" type="surname" value="HOWARD"/>
<interp inst="t18620707-name-130" type="given" value="GEORGE"/>GEORGE HOWARD</persName> </hi> (
<hi rend="italic">city police-inspector</hi>). I was present at the Inquest on the children—I produce these papers—I received them from the Coroner—I saw them given by him to Miss Saunders—I sent Mrs. Harrison to attend to the prisoner.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-131" type="witnessName">
<interp inst="t18620707-name-131" type="gender" value="male"/>
<interp inst="t18620707-name-131" type="surname" value="PAYNE"/>
<interp inst="t18620707-name-131" type="given" value="EDWIN"/>EDWIN PAYNE</persName> </hi>. I am a physician, and reside at 34, Artillery-place—on the afternoon of 22d May I was at Mr. Keating's, St Paul's-churchyard, and in consequence of being called upon, I went to Mr. Vyse's, on Ludgate-hill, and found Mrs. Vyse in her bedroom, dressed, and standing up, leaning over the wash hand-stand—I examined her throat before Mr. Savory came, and found some blood which was interfering with her breathing, and removed it—after about a quarter of an hour or twenty minutes Mr. Savory, a surgeon, of St. Bartholomew's-hospital, and myself, dressed the wound in her neck—it was an incised wound with a sharp instrument on the right side of the neck principally, but reaching to the middle—I saw the razor—it could have been inflicted with that, but it was not deep enough, nor in the right place to prove a fatal wound—it was on the right side, and through what we term the thyroid cartilage; the hard part here—there was blood on the razor, and in the basin, but I did not particularly notice the quantity—I did not go in and see the children before I spoke to her about them—I heard something about them, and asked Mrs. Vyse what it was that the children had had—she replied, with a good deal of difficulty, "Battle's vermin killer"—Mr. Savory had come then, but I do not know whether he was in the room at the time—the difficulty appeared to me to arise from the wound—Mr. Savory and myself attended her conjointly for three days—we deemed it desirable and safe that she should remain in her own house—Mrs. Harrison, the female searcher, was placed there by the direction of the police, but she was removed by my directions, as Mrs. Vyse seemed agitated about knowing that a person from the police-station was in the room, and we thought it necessary, in order to favour her cure, that her mind should be at test; that was our only reason, and we had an ordinary nurse from the hospital.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> I believe, even at the present time, she is very inarticulate in her speech?
<hi rend="italic">A.</hi> When I last saw her she could not speak in an equable tone of voice loud, and the day following the event I had considerable difficulty in understanding what she said, and was sometimes obliged, not withstanding the attention I paid, to get her to repeat things over and over again before I could understand; and even with all my attention I was constantly mistaken as to what she meant, and had to ask her again for a reply that might have been made—I had no acquaintance with Mr. or Mrs. Vyse until this matter occurred—I saw the children before they were moved; one child was on one side of the bed, and the other on the other, and the impression on my mind was that they had been placed after death, and had not died there—supposing she had poisoned the children, and then laid them out, I should consider it to be a morbid condition, or morbid dwelling on a deed—I mean to convey that the person who did it was not in her right senses—supposing a woman to conceive, the period at which the menstruation ceases is always a critical period; and I</p>
<xptr type="pageFacsimile" doc="186207070034"/>
<p>have known it very seriously to affect the brain of women, and have known them to be exceedingly excitable at those periods—supposing a morbid con
<lb/>dition, produced on the brain either by that or by other causes, the quantity of blood the prisoner lost would, I think, have relieved it, to that her state after the event would not have enabled me to come to a conclusion of what state her mind was in at the time she did it—she was prostrated on the succeeding day—her nervous system was in a terrible state.</p>
<p>
<hi rend="smallCaps">MR. CHAMBERS</hi>.
<hi rend="italic">Q.</hi> I am anxious to have a little further explanation about what you said about the morbid dwelling on a deed; a bad deed or a good one do you mean?
<hi rend="italic">A.</hi> I should consider the deed accomplished to furnish such a repulsive spectacle that a sane person could scarcely behold it—a sane person would rush away from such a deed as this—I should con
<lb/>sider it a morbid dwelling on a deed, to place the children in bed after they were poisoned; an unhealthy condition of mind—I have not met with instances in which persons have killed others, they have then laid out their bodies—I have not specially given my attention to matters of sanity and insanity.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-132" type="witnessName">
<interp inst="t18620707-name-132" type="gender" value="male"/>
<interp inst="t18620707-name-132" type="surname" value="SAVORY"/>
<interp inst="t18620707-name-132" type="given" value="WILLIAM SCOBELL"/>WILLIAM SCOBELL SAVORY</persName> </hi>. I live at 13, Charterhouse-square, and am one of the assistant surgeons at St. Bartholomew's hospital—on 22d May Dr. Payne fetched me to Mrs. Vyse about 5 o'clock, and I suppose we got there a little after 5—I saw the two children, but only looked at their bodies externally at that time—they were little girls, and were lying on the bed both dead, one on her side and the other on her back—the elder was the one lying on her side; her body was quite warm, but mottled over, of a dark blue colour, livid, and the muscles of the tipper part of the body generally, especially those about the jaws, were rigid, so that those parts were stiff—the legs were drawn up towards the body, and the fingers slightly bent in to the palms—there was rigidity about the younger child, but more generally—there were similar marks on the surface, and similar symptoms, but the rigidity was more general—I made a post-mortem examination next day, and, on removing the skull-cap, the vessels of the brain were very full of blood; congested we call it—it was congested through its substance—I took out the stomach, and Mr. Hatfield had the contents to analyse—I observed the symptoms that would arise from death by strychnine—the quantity of strychnine which would cause death in a young person like this would depend upon whether it was in solution or in a solid form—I should think that in a child of the age of these a quarter of a grain would be sufficient.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Which would be the most rapidly effectual?
<hi rend="italic">A.</hi> The solution, by far—about a quarter of a grain in solid would kill such a child as either of these, speaking generally, and something less than that in solution, I should think—I believe that a quarter of a grain in solution, would certainly kill; it would be more certain in solution.</p>
<p>
<hi rend="smallCaps">MR. CHAMBERS</hi>.
<hi rend="italic">Q.</hi> How soon after strychnine is administered does it product its deadly effects?
<hi rend="italic">A.</hi> That depends on how it is given; two grains of it solid made up into a pill would take effect in from a quarter to half an hour; it would vary; it might begin in a quarter of an hour, and it might not begin for an hour, if given in the form of a pill; but if in solution, the effect may begin in three or four minutes, and would kill in a few minutes more if a full dose—it would kill in ten minutes or less—a grain or a couple of grains is a full dose, which would take effect in from four or five minutes to eighteen or twenty; of course I am speaking generally; but such a dose might kill in a few minutes if in solution—I did</p>
<xptr type="pageFacsimile" doc="186207070035"/>
<p>not analyse any of the contents, but I made some experiments with a portion of the contents of the stomach—I took about a sixth part of the contents of the stomach of the eldest child, boiled it with distilled water acidulated with a few drops of acid to make it soluble, filtered the solution thus obtained, evaporated it to concentrate it, and gave it to a cat, and that cat had spasms—spasmodic attacks usually attend the administration of strychnine.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Do you concur with Dr. Payne, in saying that it is very difficult to understand what Mrs. Vyse said?
<hi rend="italic">A.</hi> Yes—if an opening is made in the part where she made the opening, a person can only speak in a whisper—I never heard her speak above a whisper—I cannot speak with certainty whether the children appeared to have been laid out; there was less disorder about the bed than I might have expected to see under the circumstances, but I did not make any special remark.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You made no special remark?
<hi rend="italic">A.</hi> They were on the bed, not in it—if the person who took the children's lives, laid the bodies out as bodies are usually laid out, that would be a most extraordinary circum
<lb/>stance, and I should think the person's mind was not healthy, unless it was done for some object, such as concealment; it would depend upon that, otherwise it would indicate, in my opinion, an extraordinary state; it would in anybody's opinion.</p>
<p>
<hi rend="smallCaps">MR. CHAMBERS</hi>.
<hi rend="italic">Q.</hi> What do you mean by the expression "As bodies an ordinarily laid out?"
<hi rend="italic">A.</hi> Put perfectly in order, and laid out as bodies usually are—if a person, after killing another, laid the body out without any apparent motive of concealment, I should regard it as showing a strange state of mind—a packet of Battle's powder was given to me when I went into the room, and I handed it to Mr. Hatfield.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-133" type="witnessName">
<interp inst="t18620707-name-133" type="gender" value="male"/>
<interp inst="t18620707-name-133" type="surname" value="HATFIELD"/>
<interp inst="t18620707-name-133" type="given" value="JOHN"/>JOHN HATFIELD</persName> </hi>. I am Demonstrator of Practical Chemistry at St. Thomas' Hospital—on 28th May I received from Mr. Savory the contents of the stomachs of two children—they were labelled, by which I knew to which child each referred—I analyzed the stomach of the eldest child, and found strychnine in it—I cannot tell you in what quantity, being the residue after some had been absorbed into the system; that which had been absorbed destroyed life—I also found strychnine in the liter—I also found strychnine in the stomach of the youngest child—I have received a packet of Battle's vermin killer from Mr. Savory, and I have purchased some of Messrs. Edwards and Co.—I analyzed the packet Mr. Savory gave me—it was a shilling packet—it is composed of starch, sugar, Prussian blue, and strychnine—the percentage of strychnine to the whole quantity of powder is 10 per cent.—there were fifty-three grains of powder in the packet when I received it—I found twenty-five grains of powder in the sixpenny packet, and the same proportion of strychnine; 10 per cent.—the third packet weighed fifteen grains, and there was the same proportion of strychnine—the quantity of strychnine in the sixpenny and the two threepenny packets would, I should say, from what I have heard from Mr. Savory, be sufficient to destroy life in two children.</p>
<p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">DR. PAYNE</hi>.
<hi rend="italic">Q.</hi> I believe, when you were first called in, there were three or four persons round the prisoner?
<hi rend="italic">A.</hi> Yes—while her wound was being dressed she said, "You are all looking very sober," or "What are you looking so sober about? you look as if you were at a funeral or a laying out"—it was either "sober" or "sedate."</p>
<xptr type="pageFacsimile" doc="186207070036"/>
<p>
<hi rend="italic">Witnesses forthe Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-134" type="witnessName">
<interp inst="t18620707-name-134" type="gender" value="male"/>
<interp inst="t18620707-name-134" type="surname" value="VINE"/>
<interp inst="t18620707-name-134" type="given" value="RICHARD"/>RICHARD VINE</persName> </hi>. I am a retired chemist and druggist, of 112, West
<lb/>bourne-park-road, Bayswater—I am the prisoner's uncle, the brother of her mother, who is still alive—I had a brother, named Peter Vine, who com
<lb/>mitted suicide—he felt melancholy and depressed for a considerable time, and he took prussic acid under a fit of insanity—he was about fifty-four years of age at that time—he was certainly not in his sound mind; he was in good circumstances; there was no motive to which I could assign it—he was my brother and the uncle of the prisoner—my mother lost a son about twenty-four years of age—he died at Manchester, and she took it so much to heart that she became depressed, and would frequently walk about the fields and lanes and cry for hours; it did not become necesssary to watch her movements at all, but she was oppressed with grief—on my father's side there was also a relation who was affected, a young man named James Haynes Heard—he was a son of my first cousin—he was confined in an asylum on two occasions—he was in Bethlehem—there was another cousin of mine, named Elizabeth Dennis—she was not con
<lb/>fined, but then had been restraint put upon her in the house—she has been in that state for thirty years, and is so now—she is my first cousin—her mother and Mrs. Vyse are first cousins—Margaret Ross Heard is a first cousin of mine, on my father's side—the is also a relation to Mrs. Vyse—my father was Mrs. Vyse's grandfather on the maternal side—I have heard of Margaret Ross Heard being affected in her mind—Dorothy Heard was also, a relative—she was affected also, but I do not know it of my own knowledge.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CHAMBERS</hi>.
<hi rend="italic">Q.</hi> Was it your brother that com
<lb/>mitted suicide?
<hi rend="italic">A.</hi> Yes—he was not married; he had been a chemist and druggist—he had retired when he committed suicide—he was far from in
<lb/>clining to indulge in intoxicating liquors—he lived in my house, and it was in my house that he committed suicide—he had not met with misfortunes or disappointments in life or marriage—he took prussic acid—I observed that he was in a depressed state about a fortnight or three weeks before that—he sat down in his chair and would not speak to any one—I had no notion that he was likely to commit an act of that description; but about a week before he committed the act he was quite in spirits again—the depression went on for about a fortnight or three weeks, but during his whole life he was never right—he was able to carry on his business—he was assistant to me—he was rather weak in his intellect.</p>
<p>
<hi rend="smallCaps">DR. HOOD</hi>. I have been a physician of St. Bartholomew's hospital for ten years—I kepi a record of the names of all the patients in the hospital—I have one book here; it is not in my writing, but I have the original docu
<lb/>ment if the book is not satisfactory—the book is what we always look to—I know the writing of the medical officer who signed the book—I find that a person named James Haynes Heard was admitted there in 185l—the books describe what state he was in—it was mental emotion, and the sup
<lb/>posed cause was the death of his father—he was perfectly temperate, but evidently suffering from deep-seated disease—the cause of insanity was sup
<lb/>posed to be the death of his father—his habits are described as temperate—here is a history of his case—he was discharged uncured—I find that the complaint was what we term paroxysmal—during those times he was quite beyond reason, and at other times quite docile and sane, as stated in the books—there are in my experience many instances of that kind—the book occasionally describes the acts of violence—each case is particularised—such a state leads either to suicide or homicide—the description I find here would</p>
<xptr type="pageFacsimile" doc="186207070037"/>
<p>be the description of such patients—this patient did not commit an y act of homicide, but I should not have been surprised to hear that he had—he was out of his reason—I have been desired to attend on the part of the prosecu
<lb/>tion, to let you have the entries in the book—we recognise insanity as a matter which continues from generation to generation; that is, all kinds of insanity—it may be dormant, and show itself by paroxysms without any apparently exciting cause at all; but I should consider that an exciting cause on a patient of this description would be likely to bring on a paroxysm.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CHAMBERS</hi>.
<hi rend="italic">Q.</hi> Will you allow me to see that book?
<hi rend="italic">A.</hi> Here is the book, and here ia the original document. (
<hi rend="smallCaps">THE COURT</hi>
<hi rend="italic">consi
<lb/>dered that it was not necessary to read the description of the case, as all it amounted to was that the patient was in a morbid state of mind.</hi>)</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-135" type="witnessName">
<interp inst="t18620707-name-135" type="gender" value="female"/>
<interp inst="t18620707-name-135" type="surname" value="FRAMPTON"/>
<interp inst="t18620707-name-135" type="given" value="ELIZABETH"/>ELIZABETH FRAMPTON</persName> </hi>. I am the wife of Henry Frampton, formerly of Bideford, Devonshire, and now residing at Oxford—I knew Mr. Saumders, Mrs. Vyse's grandfather—he was the master of a vessel—he was a very ex
<lb/>citable man; his actions were very violent at times—he kept a large quantity of cats confined in a room, seven or eight, and sometimes more, and called it his menagerie—he used to invite people to see it—I have been invited in to see it—I remember his coming into church, and calling out aloud for Mrs. Saunders—he brought a dog into church at the same time—he was a very old man when he died, about eighty; but this was twenty years ago—he kept a coffin under his bed—I considered him a very eccentric man, but most kind-hearted—he was generally called "Mad Saunders."</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CHAMBERS</hi>.
<hi rend="italic">Q.</hi> Were they common cats or foreign cats?
<hi rend="italic">A.</hi> Cats of this country—they were very fine cats.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-136" type="witnessName">
<interp inst="t18620707-name-136" type="gender" value="female"/>
<interp inst="t18620707-name-136" type="surname" value="TRICK"/>
<interp inst="t18620707-name-136" type="given" value="ANN"/>ANN TRICK</persName> </hi>. I am seventy-three years of age, and live at Bideford when I am at home—I was acquainted with Mrs. Sarah Vyse, Mrs. Vyse's maternal grandmother—I know that she on one occasion attempted to strangle herself, after a good deal of despondency, having lost a daughter—I knew her sister—she was the wife of a Mr. James Haynes Hartland—she was not in a lunatic asylum, but she was in her own house from twenty to thirty years.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CHAMBERS</hi>.
<hi rend="italic">Q.</hi> You say that the grandmother attempted to strangle herself; how soon after she had lost this son was it?
<hi rend="italic">A.</hi> Perhaps six months afterwards—she was then about thirty years of age, I suppose, and she lived till she was eighty-seven, but did not attempt to strangle herself again—she attended to her household affairs up to the time of her death.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-137" type="witnessName">
<interp inst="t18620707-name-137" type="gender" value="male"/>
<interp inst="t18620707-name-137" type="surname" value="DENNIS"/>
<interp inst="t18620707-name-137" type="given" value="WILLIAM"/>WILLIAM DENNIS</persName> </hi>. I am a general warehouseman, of Aldermanbury—Mrs. Elizabeth Dennis was an aunt of mine, and was lightly related to the pri
<lb/>soner, a first cousin once removed—she was insane for many years, and was confined in an asylum at Exeter—she was sane and reasonable at times, and under paroxysms at other times.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-138" type="witnessName">
<interp inst="t18620707-name-138" type="gender" value="female"/>
<interp inst="t18620707-name-138" type="surname" value="TRICK"/>
<interp inst="t18620707-name-138" type="given" value="MARY"/>MARY TRICK</persName> </hi>. I knew Jane Taylor, of Hartland, Mrs. Vyse's second cousin—she was never allowed to go about without an attendant—she was a lunatic, but a harmless one.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-139" type="witnessName">
<interp inst="t18620707-name-139" type="gender" value="male"/>
<interp inst="t18620707-name-139" type="surname" value="EDNEY"/>
<interp inst="t18620707-name-139" type="given" value="WILLIAM"/>WILLIAM EDNEY</persName> </hi>. I am a boot and shoe maker, of 33, Ludgate-street—I have known Mrs. Vyse some years, and have been doing business with her for three years—I had made a pair of boots for each of these two children—she was very much interested in their dress and appearance; I never saw any person so much so—I thought her a very affectionate mother—on the Monday before the Thursday when I heard of this event she came to my shop—she was very excited, and brought the two pairs of boots back—she said they were not elegant boots, which she had ordered—she stamped her</p>
<xptr type="pageFacsimile" doc="186207070038"/>
<p>feet on the floor in a very excited manner, and said that I was not to answer her—I had not served her before, so as to observe anything of the kind, but my foreman had—I had not observed anything much; but I did a little the week before, when she came in and said she wanted two pairs of boots made exactly like what she had on—she said that she bought them at Radley's, in St. Paul's-churchyard—I said, "No, you did not, ma'am, you bought them here;" but she would not give way, though I knew my own work—while speaking about them she lifted her dress quite as high as her knees, which is quite unusual for ladies to do, and said that there was a difference in the toes of her boots, and that a gentleman had told her so—she was very excited when I said that I could not see any difference—she seemed to look and stare very much on that occasion, and she opened her eyes in a very mad state, and jumped about the shop—I said that I could not get the men to work, and she stamped her feet, and said that if she were me she would horsewhip them—I expressed at the time to my foreman and shopman that I thought she was out of her mind, and that is my opinion now.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CHAMBERS</hi>.
<hi rend="italic">Q.</hi> You mean on the Monday?
<hi rend="italic">A.</hi> Yes—she left one pair of boots, and they were to be sent in again; nothing was to be done to them—the fault she found was that the toes were not alike—they were not like a pair which she had bought in Paris—it was on the Monday that she complained of her owl boots, and said that a gentleman had said that the toes were not alike, that one was not like the other, and I looked at them and replied that I saw nothing the matter with them.</p>
<p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Did you observe a staring look in her?
<hi rend="italic">A.</hi> She was more passionate with me than I had ever seen her before—she stood looking me in the face, and she looked wild—the impression left on my mind was that she was insane then, and I expressed myself so to my two men.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-140" type="witnessName">
<interp inst="t18620707-name-140" type="gender" value="male"/>
<interp inst="t18620707-name-140" type="surname" value="SPENCE"/>
<interp inst="t18620707-name-140" type="given" value="JAMES"/>JAMES SPENCE</persName> </hi>. I am a draper, of St. Paul's-churchyard—I have known the prisoner and her husband for several years—I have been in the habit of doing business with them, and going in there from time to time—on 22d May, between 1 and 2 in the afternoon, I accompanied my wife to Mrs. Vyse's to get a bonnet—it was on the day in question—Mrs. Vyse had always been in the habit of attending to my wife personally—she was upstairs—I sent for her, and one of the assistants said that I and Mrs. Spence were down
<lb/>stairs waiting to see her, and she came down—I discovered that she was in a peculiar state—she endeavoured to put off the business—she did not seem willing to attend to business—my wife first of all wanted some children's bonnets, but Mrs. Vyse seemed to say she had not got them—that struck my attention; and seeing the state she was in, I said, "Never mind, I will leave it with you, and see you again about it;" and I said to Mrs. Spence, "While you are in town, if you think of going up to the Exhibition, perhaps you had better get a bonnet for yourself"—Mrs. Vyse brought out a bonnet in a very abrupt manner, and showed it to Mrs. Spence, who made some observation about the bonnet, when the prisoner snatched it from her hand, tore out the flowers, and threw it on the ground—Mrs. Spence had made some remark about a flower on the inside, and she tore out that in the same way—all this was done in a way to attract my attention very much—her appearance dif
<lb/>fered from her ordinary appearance—I looked at her a second and a third time, and tried to discover the meaning of it—she used to have a youthful, fresh appearance, but she appeared then to have a smouldering fire within, ready to burst out—she had a very staring look—I said immediately on passing out that I was very much astonished at her manner and style, so</p>
<xptr type="pageFacsimile" doc="186207070039"/>
<p>different to what they used to be; and I formed the opinion after I went home that she was not in a proper state of mind—I expressed that opinion before I heard of the event, and I not only expressed it on leaving the shop, but I returned to the subject.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CHAMBERS</hi>.
<hi rend="italic">Q.</hi> Had your wife found fault with the flowers?
<hi rend="italic">A.</hi> She said she did not like that part of the bonnet, and Mrs. Vyse snatched the bonnet and tore out the flowers in this way.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-141" type="witnessName">
<interp inst="t18620707-name-141" type="gender" value="female"/>
<interp inst="t18620707-name-141" type="surname" value="BURKITT"/>
<interp inst="t18620707-name-141" type="given" value="ELIZA"/>ELIZA BURKITT</persName> </hi>. I have been servant with Mrs. Vyse three years—I used to live at Surbiton—I remember the death of the daughter Florence—it was on 27th November, 1860—she was taken ill on Tuesday, and the mother was not informed of it till the Saturday—she came down as usual on the Saturday, and then I informed her that the child was ill—she knew nothing of it till she came in at the door—she remained with it night and day, till the Tuesday, when it died—it was ten days ill—she was a most affectionate mother to all her children—after the child's death I noticed that her manner and demeanour changed very much—I recollect her coming down one day in February last, while I was preparing tea—she did not appear in good spirits, she was very excited—she put the baby on the floor—she had him in her arms when she came in—she was absent for a few minutes—she came down, and without any cause that I could make out, she cleared the tea-tray fall of things and threw them into the fire-place, cups and saucers, and egg cups—she seemed very excited, but next morning she seemed quite sorry and surprised, and could not believe that she had done so—she did not remember that she had done so—she seemed to have no idea that she had done such a thing—I think she weaned the child last February—I am not quite sure if it was weaned in London after this occurrence.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CHAMBERS</hi>.
<hi rend="italic">Q.</hi> Were you with Mrs. Vyse at this time?
<hi rend="italic">A.</hi> Yes; but at Surbiton—I saw no manifestation of passion before she threw the tea-things into the fire—she had just come in from her journey from London—she brought her baby with her—I cannot tell why she was in a passion, I am sure it was not intoxication—she could not take ale—the only thing she could take was milk and water, while she was suckling her baby—she said her head would not allow her—she took no porter daring the time I lived with her—I never saw her take a pint a day.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-142" type="witnessName">
<interp inst="t18620707-name-142" type="gender" value="male"/>
<interp inst="t18620707-name-142" type="surname" value="MERRITT"/>
<interp inst="t18620707-name-142" type="given" value="AUGUSTUS GEORGE"/>AUGUSTUS GEORGE MERRITT</persName> </hi>. I am a doctor of medicine and examining surgeon to the Council of India—I was surgeon to the Indian invalid troops—soon after the death of Mrs. Vyse's child, I was called to attend the other children and to attend her—I became their regular medical attendant—the death of the child seemed to prey upon Mrs. Vyse, she was the subject of a morbid melancholy on the subject, and of an idea that if she had been present she might have saved the life of the child—in addition to morbid melancholy I have also seen her subject to sudden irrational impulses; but except at those times her demeanour was quiet and ladylike, very much so—she was not remarkably quiet, she was animated and very ladylike—she was very particular about her dress and person, she always exhibited great taste—she has manifested to me almost an undue anxiety, great solicitude, about her children's and her husband's health—she was nursing her child when I was consulted on the last occasion about her—that was at the beginning of this year; she was so much deteriorated in health and strength that I recommended her to wean the child, and to partially relieve herself from the duties of her business—I considered at that time that she was the subject of so much melancholy that she ought to go out of town but I was</p>
<xptr type="pageFacsimile" doc="186207070040"/>
<p>afraid that the melancholy would be increased by the want of occupation, and so I recommended that she should partially follow her business—I entertain an opinion that she is from two to three months pregnant now, there are all the usual signs—I cannot attribute the event that has occurred to anything else than the signs I have mentioned before—I believe she was in a state of mania at the time.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CHAMBERS</hi>.
<hi rend="italic">Q.</hi> You say that you cannot attribute it to anything else, have you endeavoured to discover whether there might not be some anger or motive?
<hi rend="italic">A.</hi> I have heard nothing to lead me to such a conclusion—my opinion is based on a number of circumstances placed together, those circumstances are, the hereditary taint, irregularity of her impulses from time to time, the deterioration of her general health from over anxiety and fatigue, and her conduct throughout the affair—I did not attend her between February and 22d May, when this occurred—I saw her once only and not medically.</p>
<p>
<hi rend="italic">Q.</hi> You have used the expression "There was an irregularity of impuse," what would she do that you call irregularity of impulse?
<hi rend="italic">A.</hi> She would rush away in the middle of a conversation, leave me in the most abrupt manner and come back and be perfectly unconscious of her want of good taste and decorum, but she was ladylike in other ways—she would come back and enter into conversation again—there were sudden expressions of excitability, not of anger, that was not in her conversations with me—I noticed excita
<lb/>bility in her speech—what I want to convey is, that in moderate temperate conversation with me, other people being in the room, she would suddenly conceive some thought and express herself excitably to those people—that was before I ceased to attend her in February.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-143" type="witnessName">
<interp inst="t18620707-name-143" type="gender" value="indeterminate"/>
<interp inst="t18620707-name-143" type="surname" value="WINSLOW"/>
<interp inst="t18620707-name-143" type="given" value="FORBES"/>DR. FORBES WINSLOW</persName> </hi>. I am a physician—my attention has been directed to this subject for twenty years—I have written works upon it and made it a matter of study—I have been in Court during the whole of the day—I consider that the suppression of menstruation, either from the natural cause of conception, or from other causes, may under certain conditions of bodily predisposition, affect the brain—hereditary matters are of very great importance, indeed, in the consideration.</p>
<p>
<hi rend="italic">Q.</hi> Assuming a person, up to the period of the loss of a child, to have been healthful, and then to have exhibited fits of despondency and impul
<lb/>sive madness, should you consider that evidence of unsoundness of mind, or of a predisposition to it?
<hi rend="italic">A.</hi> They are undoubted symptoms entitled to grave consideration—if I knew also that there was hereditary madness in the family, that would excite my suspicions—the system would be weakened by conception immediately after cessation from suckling a child; any marked deviation from the usual habits of body or mind would un
<lb/>doubtedly awaken grave suspicion as to the mental condition of the party, although the evidence taken by itself would not be very conclusive, yet it would be very important combined with other facts—there is a form of madness termed paroxysmal madness, recognized by all writers; that very frequently takes a suicidal form, and very frequently the homicidal, con
<lb/>nected with acts of violence, either on the patient himself or others—the patient would undoubtedly be incapable of distinguishing right from wrong, he is apparently sane and tranquil, ths insanity coming on in paroxysms from some exciting cause, and the patient often committing some serious overt act, either on himself or on others—such a state is not inconsistent with the general management of the affairs of life.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CHAMBERS</hi>.
<hi rend="italic">Q.</hi> These paroxysmal attacks are very</p>
<xptr type="pageFacsimile" doc="186207070041"/>
<p>nearly allied sometimes to fits of ordinary passion, are they not?
<hi rend="italic">A.</hi> They may be so—taking the paroxysm by itself, it may be difficult to distinguish a burst of passion from a bunt of insanity.</p>
<p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> But for the purpose of coming to a con
<lb/>clusion would you look at the preceding acts, and the health of the family?
<hi rend="italic">A.</hi> Yes; and if I found no ground for passion I should come to the conclusion that the mind was off its balance, and that there was insanity of the kind I describe.</p>
<p>
<hi rend="smallCaps">DR. COPLAND</hi>. I am a physician of very long standing—I am the author of Copland's Medical Dictionary—I have had very considerable experience in all kinds of disease—I have heard Dr. Winslow express certain opinions, and I concur with them entirely.</p>
<p>
<hi rend="smallCaps">
<rs id="t18620707-745-verdict-1" type="verdictDescription">
<interp inst="t18620707-745-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18620707-745-verdict-1" type="verdictSubcategory" value="nonComposMentis"/>NOT GUILTY</rs> </hi>,
<hi rend="italic">being Insane.</hi> </p> </div1>
<div1 type="trialAccount" id="t18620707-746">
<interp inst="t18620707-746" type="uri" value="sessionsPapers/18620707"/>
<interp inst="t18620707-746" type="date" value="18620707"/>
<join result="criminalCharge" id="t18620707-746-charge-1" targOrder="Y" targets="def1-746-18620707 t18620707-746-offence-1 t18620707-746-verdict-1"/>
<p>746.
<persName id="def1-746-18620707" type="defendantName">
<interp inst="def1-746-18620707" type="gender" value="female"/>
<interp inst="def1-746-18620707" type="age" value="33"/>
<interp inst="def1-746-18620707" type="surname" value="VYSE"/>
<interp inst="def1-746-18620707" type="given" value="ANN CORNISH"/>
<hi rend="largeCaps">ANN CORNISH VYSE</hi> </persName> was
<hi rend="italic">again</hi> indicted
<rs id="t18620707-746-offence-1" type="offenceDescription">
<interp inst="t18620707-746-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18620707-746-offence-1" type="offenceSubcategory" value="murder"/> for the wilful murder of Annie Howard Vyse, upon which
<hi rend="smallCaps">MR. M. CHAMBERS</hi> </rs>
<hi rend="italic">offered no evidence.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18620707-746-verdict-1" type="verdictDescription">
<interp inst="t18620707-746-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18620707-746-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.—
<rs id="t18620707-746-punishment-28" type="punishmentDescription">
<interp inst="t18620707-746-punishment-28" type="punishmentCategory" value="imprison"/>
<interp inst="t18620707-746-punishment-28" type="punishmentSubcategory" value="insanity"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-746-18620707 t18620707-746-punishment-28"/>
<hi rend="italic">To be detained during Her Majesty's pleasure.</hi> </rs> </p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday, July</hi> 9
<hi rend="italic">th,</hi> 1862.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>—Mr.
<hi rend="smallCaps">JUSTICE CROMPTON</hi>; Sir
<hi rend="smallCaps">JAMES DUKE</hi>, Bart, M.P., Ald.;</p>
<p>Mr. Ald.
<hi rend="smallCaps">ROSE</hi>; Mr. Ald.
<hi rend="smallCaps">MECHI</hi>; and Mr. Ald.
<hi rend="smallCaps">DAKIN</hi>.</p>
<p>
<hi rend="italic">Before Mr. Justice Crompton.</hi> </p>
<div1 type="trialAccount" id="t18620707-747">
<interp inst="t18620707-747" type="uri" value="sessionsPapers/18620707"/>
<interp inst="t18620707-747" type="date" value="18620707"/>
<join result="criminalCharge" id="t18620707-747-charge-1" targOrder="Y" targets="def1-747-18620707 t18620707-747-offence-1 t18620707-747-verdict-1"/>
<p>747.
<persName id="def1-747-18620707" type="defendantName">
<interp inst="def1-747-18620707" type="gender" value="male"/>
<interp inst="def1-747-18620707" type="age" value="29"/>
<interp inst="def1-747-18620707" type="surname" value="LAWRENCE"/>
<interp inst="def1-747-18620707" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES LAWRENCE</hi> (29)</persName>, was indicted
<rs id="t18620707-747-offence-1" type="offenceDescription">
<interp inst="t18620707-747-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18620707-747-offence-1" type="offenceSubcategory" value="murder"/> for the wilful murder of
<persName id="t18620707-name-146" type="victimName">
<interp inst="t18620707-name-146" type="gender" value="female"/>
<interp inst="t18620707-name-146" type="age" value="25"/>
<interp inst="t18620707-name-146" type="surname" value="COX"/>
<interp inst="t18620707-name-146" type="given" value="ANN SARAH"/>
<join result="offenceVictim" targOrder="Y" targets="t18620707-747-offence-1 t18620707-name-146"/>Ann Sarah Cox</persName>. He was also charged on the Coroner's Inquisition with the murder of Ann Cox.</rs> </p>
<p>
<hi rend="smallCaps">MR. GIFFARD</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-147" type="witnessName">
<interp inst="t18620707-name-147" type="gender" value="female"/>
<interp inst="t18620707-name-147" type="surname" value="BETTLE"/>
<interp inst="t18620707-name-147" type="given" value="ANN"/>ANN BETTLE</persName> </hi>. The deceased young woman was my daughter—she was twenty-five years old last February, and lived at home with me, at Hendon—her name was Ann Sarah Cox—she was commonly called Annie—I have known the prisoner a long time—he used to come into our house of an evening, and of a morning—he slept there from the Wednesday week until the Saturday morning when this happened—he had been courting my daughter for about eight months; since August—on that Saturday morning, while I was lying in bed, I heard a noise—I do not remember the day of the month—it was at the end of March—the prisoner said, "Good morning"—that was before I heard the noise—I cannot say what time it was when I heard that, because I was in bed and roused from sleep—it was in the morning—I heard nothing, only James Lawrence say good morning to me, and I said, "Good morning" again—I knew his voice—I heard nothing more until I heard the noise—he said nothing that I heard but, "Good morning"—I did not hear him say anything to my daughter—I was in bed—he said, "Are you going to lie a-bed all day?"</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Was that said to you?
<hi rend="italic">A.</hi> It was said to my daughter, and she said, "All right,
<hi rend="italic">Jem"</hi>—that was the same morning, the same time that he said, "Good morning" to me—he always called her up of a morning—he called her on that Saturday, before he said, "Good morning" to me—my daughter said, "All right,
<hi rend="italic">Jem"</hi> to him, so that he could hear it—this was before the noise.</p>
<p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> Did you hear anything more until you heard the noise?
<hi rend="italic">A.</hi> No—I cannot say how long afterwards I heard the noise—I dozed between—it was a great noise—it awoke me, and I called out,</p>
<xptr type="pageFacsimile" doc="186207070042"/>
<p>"What's that, what's that?"—I had no answer—then I heard a second noise like the other, and I said, "Good God, what's that?"—it was like the noise of a gun discharged—I have heard guns discharged—it was something of that kind—I ran down stairs—I could not get out at my staircase door, because somebody had fallen against it—I felt there was something against it on the other side—I ran up stairs again, opened the window, and called out—I slipped on some of my clothes, and then went down again—the staircase door was opened for me then—I do not know who opened it, it was open—I did not see the prisoner when I got into the lower room—I saw him afterwards—I did not see him in the lower room—I saw my daughter—she lay with her head against my copper—I never saw her move—I afterwards saw the prisoner at his mother's back door, all covered with blood—he had slept at my house the night before this.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-148" type="witnessName">
<interp inst="t18620707-name-148" type="gender" value="male"/>
<interp inst="t18620707-name-148" type="surname" value="SHAYLOR"/>
<interp inst="t18620707-name-148" type="given" value="WILLIAM"/>WILLIAM SHAYLOR</persName> </hi>. I live at Mill-hill, Hendon—I know the house in which Mrs. Bettle lives—I was passing that house on the morning of Satur
<lb/>day, 29th March, about a quarter or twenty minutes to 6 o'clock—I was going to my work—as I went by I heard a great noise, as though something were falling from a shelf—I could not judge from where it came—I was thinking more about my work than anything else, and did not take particu
<lb/>lar notice—I could judge of the direction from which it came—as I was going to work it was on the left-hand side, the same side that the cottages were on—I went on after that noise for about thirty, or from that to forty yards—I then heard a female calling very loudly from a window—I believe that was the mother of the deceased, Ann Bettle.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You only heard a noise?
<hi rend="italic">A.</hi> A kind of rumbling altogether, as though some things were falling down—the noises were very momentary—it was like two things together, but was very quick, whatever it was—it seemed like two noises—there did not seem to be much interval between the two—I cannot tell whether it was one or two noises—the noise was momen
<lb/>tary—I did not hear two distinct noises at two distinct times.</p>
<p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> In consequence of what the woman, whom you sup
<lb/>posed to be the mother of the deceased, called out to you, did you go back?
<hi rend="italic">A.</hi> I did—I went through Mrs. Lawrence's house to the back door—that house is next door to Bettle's house—I first saw a little boy, the son of Mrs. Lawrence—after that I went to the back door of Mrs. Bettle's house, some distance from where I saw the boy, and saw the prisoner just inside Mrs. Bettle's back door, in a stooping position—he was not against the back door at all—his right hand was to the right side of his face—the outside door could not be opened from the inside, from the position he was in—there are two doors close together—the staircase door might have been opened, no doubt, if he had continued in that position—the staircase door opens into the wash-house, and the door in the wash-house swings against the staircase door, so that when the street door is opened you cannot open the staircase door—the street door goes into the wash-house—by the street door I do not mean the door that opens into the road where I first was—it opens into the back premises.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> What is at the back?
<hi rend="italic">A.</hi> Little gardens—the street door opens into the road, but the door which when open, prevents the staircase door from being opened, that is the back door—as you go into the wash-house that door goes from you—there is a door in the middle of the wash-house that opens into a front parlour; it is like a passage through, and there is another door which takes you into the parlour—the door which prevented the staircase door from opening, is a door which goes outside into</p>
<xptr type="pageFacsimile" doc="186207070043"/>
<p>the yard—when that is open I should say you cannot open the staircase door.</p>
<p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> Did you observe what condition the prisoner was in?
<hi rend="italic">A.</hi> I did—his face was terribly lacerated—I then went into the house, and found the deceased Ann Bettle lying on her back on the brick floor, with her head inclining to the left—I cannot say where her head was with re
<lb/>ference to the copper, for I did not take particular notice—while I was there, Mrs. Barnes, the next-door neighbour, on the other side to Bettle's, came in—there are four cottages, I believe; I would not say for a certainty—Bettle's is in the middle, Barnes' on one side, and Lawrence's on the other—Mrs. Barnes fetched a pillow, which one of us put under the head of the young woman who was lying on the floor—I cannot say which of us put it under her head, we were in such a hurry at the moment—there was a hole through the right side of the neck—there was no mark at well—the hole was blackened round—I cannot say whether that was produced by some external blackening, or from discoloration of the skin—I cannot say whether it was some sort of dirt—I saw blood on the floor by the side of the deceased's head—I afterwards put the body on the sofa, and then went for the policeman—before going I observed a gun close to the wash-house door—I cannot say whether I saw it in the same position when I returned—when I left it was standing muzzle upwards, close against the back of the wash-house window; I do not know whether that is a wall or partition—it might be perhaps four or five feet from the body, as near as I can judge—I had been there but a very little while when I observed it—I cannot say as to time, or how it came to attract my attention—I happened to see it stand there—it was close to where I saw James Lawrence leaning.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you notice whether it was a single or double gun, or what?
<hi rend="italic">A.</hi> Double-barrelled—I noticed that at the time—I am almost sure that I came back with the policeman; I could not say exactly—I did not examine the gun at all—I had it in my hand, but not to examine it—I certainly looked at it, both before I went for the policeman and after I came back.</p>
<p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> Did you observe the condition of the cocks?
<hi rend="italic">A.</hi> I did—the first time I saw the gun I looked at the hammers—one was on the nipple, and the other was back in this position. (
<hi rend="italic">Bending his finger back</hi>)—it was right back—I am unacquainted with guns—I cannot say whether it was full back or half-back; they are things I do not understand—I never meddled with the locks—I will not be certain as to whether I left the gun in the same position, or whether I put it on the table—I left it as it was, as to the locks.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> You have known the prisoner for years, I believe?
<hi rend="italic">A.</hi> I have—he has always borne the character of a quiet, inoffensive, peaceable, sober, steady, hard-working man.</p>
<p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> I did not quite catch how long you have known him?
<hi rend="italic">A.</hi> I have been in the village about twenty-two years, and have known him all that time, from his childhood—I lodged with his mother in 1840 or 1841, I think—I have known him upwards of twenty years, and continually met him going to and from work, both morning and evening.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-149" type="witnessName">
<interp inst="t18620707-name-149" type="gender" value="female"/>
<interp inst="t18620707-name-149" type="surname" value="BARNES"/>
<interp inst="t18620707-name-149" type="given" value="SARAH"/>SARAH BARNES</persName> </hi>. I live next door to Mrs. Bettle—I went into her house on the morning of 29th March, and found Shaylor there when I got in—I attended Ann Cox until she died—it was about half an hour before she died—she never spoke—I observed the gun in the wash-house—Lawrence, I believe, had the care of it.</p>
<xptr type="pageFacsimile" doc="186207070044"/>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Had you seen him with it before?
<hi rend="italic">A.</hi> Not at that time but I had seen him with it several weeks before—I cannot exactly say how often I had seen him with it: several times—he did not tell me anything about it—it was a double-barrelled gun—I have seen him clean it out in his mother's back kitchen yard.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Have you known him for many years too?
<hi rend="italic">A.</hi> Yes, from his birth—I never knew him to be anything else but a kind, amiable, good-hearted man—my son married the deceased Ann Cox's sister—I am no relation of the prisoner's at all—my grandchild is not in any way connected with him.</p>
<p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> As I understand, you have known the prisoner all his life, from his birth?
<hi rend="italic">A.</hi> Yes; and can speak from my intimacy and know
<lb/>ledge of him, to the character I have given him.</p>
<p>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Have you seen him with this unfortunate girl whom he was courting?
<hi rend="italic">A.</hi> Yes; and they were always, to the last time I saw of them, on terms of the greatest affection and intimacy.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-150" type="witnessName">
<interp inst="t18620707-name-150" type="gender" value="male"/>
<interp inst="t18620707-name-150" type="surname" value="GROWSE"/>
<interp inst="t18620707-name-150" type="given" value="JOHN"/>JOHN GROWSE</persName> </hi>. I am a surgeon, practising at Hendon—on Saturday morning, 29th March, I was sent for, about twenty minutes past 6, to Mrs. Bettle's cottage, and got there about forty minutes past 6—I found Ann Cox lying on the sofa, dead—I found on the right side of her neck a hole about the size of a shilling—the skin was blackened round the hole about an inch in circumference—I mean a black ring extended about an inch from the hole, all round—the wound did not injure any of the arteries on that side—on the left side of the neck I found a severe lacerated wound—it was the same wound coming out—the hole was as large as the palm of my hand nearly—it had severed all the great vessels, and also the swallow—that would be quite sufficient to account for death—I made a post-mortem examination of the body—that would be four days after, because the Inquest was held, and they had to adjourn it—I found three shots and a piece of a yellow colander together in the wound—the piece of colander was quite close to the shot—when I went in the morning to see the body, I observed the fragments of a shattered colander against the wall, about five feet seven, or five feet six from the floor—it was hanging from a nail by a piece of thread—I had not the least doubt that the piece of colander was sent into the wound by the rebound; because it was not very deep—it was just on the external surface, where the wound came out, where it was as large as the palm of my hand—I did not see how near the deceased was to the wall—the fragment of the colander was about a yard from the copper—the copper was in a different position—I examined the rest of the body in the post-mortem examination—I found nothing else to account for death—after I had examined the deceased on the morning, I went into the next cottage, the prisoner's father's cottage, and there found the prisoner walking about the front-room, with his hand to his face—on the left side of his face I found a very severe lacerated wound, which had fractured the lower jaw, and des
<lb/>troyed nearly the whole of the left cheek—a gun-shot would be the only thing to produce it—I bandaged the wound there, and sent him to the hospital—I said to him, "Lawrence; you did this yourself?"—he said, "Yes, Sir"—I said, "And you have killed that poor girl too?"—he made no answer to that</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did he give you the answer directly you asked the question?
<hi rend="italic">A.</hi> Yes; he seemed to understand me—he was in great suffering at the time.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-151" type="witnessName">
<interp inst="t18620707-name-151" type="gender" value="male"/>
<interp inst="t18620707-name-151" type="surname" value="SAVAGE"/>
<interp inst="t18620707-name-151" type="given" value="WILLIAM"/>WILLIAM SAVAGE</persName> </hi> (
<hi rend="italic">Policeman, S</hi> 297). On Saturday morning, 29th March, I went back with Shaylor to Mrs. Bettle's cottage, and there found this</p>
<xptr type="pageFacsimile" doc="186207070045"/>
<p>gun (
<hi rend="italic">produced</hi>)—inspector made this little sketch of the place—I went straight through Mrs. Bettle's house to the house of the prisoner's father, where I saw the prisoner walking about—I said,
<hi rend="italic">"Jem,</hi> what have you been up to?"—he made me no answer at the time, but in about ten minutes, is he was walking past me, he said, "I could not help it"—that was all that passed between us—I tried the condition of the gun when I first took it—I put my fingers into each barrel as soon as I got it, and found they were very dirty; very black, as though from powder, as if they had been recently discharged—when I found it, the left-hand barrel was at full cock, as it is now—the right-hand one had an exploded cap on the nipple—I put the ram-rod down—both barrels were unloaded then—there was nothing on the left-hand nipple—I afterwards took the prisoner to the Middlesex Hospital, by direction of the surgeon—I assisted in taking his clothes off, and afterwards took them back to Mill-bill, examined them in the presence of the inspector, and found three gun-wads and two gun-caps—the caps fit the nipple of the gun, and the wads also fit—I afterwards went, on 1st of April, to Mrs. Bettle's house and extracted ten shots from the wall.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Do you happen to know that he had had that gun occasionally from Mr. Pellet to clean?
<hi rend="italic">A.</hi> I have heard so from Mr. Petlet—it was not the prisoner's own.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-152" type="witnessName">
<interp inst="t18620707-name-152" type="gender" value="male"/>
<interp inst="t18620707-name-152" type="surname" value="NICOLS"/>
<interp inst="t18620707-name-152" type="given" value="BARTHOLOMEW"/>REV. BARTHOLOMEW NICOLS</persName> </hi>. I am the incumbent of St. Paul's, Mill-hill, Hendon—on 31st March, I went to Mrs. Bettle's house, and in a work-box there I found this letter an envelope—I gave it to Inspector Lindsay, at the inquest, by the Coroner's direction.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Was this unfortunate man a parishioner of yours?
<hi rend="italic">A.</hi> He was; and also the girl who is dead—I have known his family, and him, almost from his infancy.</p>
<p>
<hi rend="italic">Q.</hi> Has he uniformly borne the character of an amiable, good-hearted, honest poor fellow?
<hi rend="italic">A.</hi> Well, as much as general—his character was gene
<lb/>rally good I should say.</p>
<p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> You have known him, I suppose, during the whole period of your being there, have you?
<hi rend="italic">A.</hi> I have known him from time to time—he was a boy in our school—I may say I have known him all his life—his employments have been, I believe, almost entirely in my parish—he has not, to my knowledge, left the parish.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-153" type="witnessName">
<interp inst="t18620707-name-153" type="gender" value="male"/>
<interp inst="t18620707-name-153" type="surname" value="LINDSAY"/>
<interp inst="t18620707-name-153" type="given" value="ALFRED"/>ALFRED LINDSAY</persName> </hi> (
<hi rend="italic">Police-inspector</hi>). The last witness gave me this letter and envelope (
<hi rend="italic">produced</hi>)—I made the little sketch which has been produced—it is correct.</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-154" type="witnessName">
<interp inst="t18620707-name-154" type="gender" value="male"/>
<interp inst="t18620707-name-154" type="surname" value="WELLS"/>
<interp inst="t18620707-name-154" type="given" value="GEORGE"/>GEORGE WELLS</persName> </hi>. I am the prisoner's uncle, and have known him all his life—I have occasionally seen him write.</p>
<p>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> How long is it since you saw write?
<hi rend="italic">A.</hi> It is a long time—I have seen him write not only once, but several times.</p>
<p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> Take that letter and envelope in your hand, have you seen them before?
<hi rend="italic">A.</hi> Yes—I could not swear whose handwriting it is—I did believe it was the prisoner's; but I should be sorry to say so—I believed that at the time from looking at the character of the writing.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> He did not live in the same house with you, did he?
<hi rend="italic">A.</hi> Not at that time—I should say it was a great many years since I saw him write, seven or eight years—I am sure it is seven years since I saw him write at all—I was shown this at the Inquest, and it was then that I believed it to be his writing—I cannot swear that it is his writing.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Looking at the character of the writing, do you belive it</p>
<xptr type="pageFacsimile" doc="186207070046"/>
<p>to be his?
<hi rend="italic">A.</hi> I cannot say whether it is or not—I did believe it was his, but I have seen so much writing with other boys, that I really cannot say.</p>
<p>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Am I to understand that although when you first saw it you did believe it to be his writing, you cannot say now that you do believe it?
<hi rend="italic">A.</hi> No, I cannot say it is his—it appears like his—I believe it to be his—(
<hi rend="italic">Letter read:</hi> "March 21st, J. Lawrence. Dear Ann,—I
<hi rend="italic">right</hi> these few lines to your friends, letting them know how this happened like this: I should have thought anything about this if you had told me that you did not intend to marry me, but it was not your
<hi rend="italic">doings.</hi> I know very well all about it; when your mother and Harry
<hi rend="italic">was</hi> laying their heads together, how things
<hi rend="italic">was</hi> to be planned. Dear Ann, your mother, Mrs. Bettle, has persuaded you this, and you recollected the words your mother asked you that night; the night that little
<hi rend="italic">Billy</hi> went to have his lipdone the words your mother asked you, whether you
<hi rend="italic">was going</hi> to sleep with
<hi rend="italic">Jem</hi> Mann, and you told her yes, and I heard her tell Harry that he was to come and sleep with her. Mrs. Bettle this is all your fault about this, for trying to keep this so sly from me, but I have seen this a good while, and things begin to prove true about it, as she is in the family way by
<hi rend="italic">Jem</hi> Mann, for she told me she was going to try what he had got; so that is the truth, and this is the cause of me doing what I have done, so tell Mr. J. Mann he is disappointed as well as me, so let your dear Ann be buried along with me. So good bye all, and bless you, dear friends, I must conclude with my own best love to all, and you are the cause of this Mrs. Bettle, and you will find it out. Good bye all in this world, good bye, this has disturbed my mind.")</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-155" type="witnessName">
<interp inst="t18620707-name-155" type="gender" value="male"/>
<interp inst="t18620707-name-155" type="surname" value="EDE"/>
<interp inst="t18620707-name-155" type="given" value="CHARLES"/>CHARLES EDE</persName> </hi>. I live at Mill-hill, Hendon, and am a working gardener—I have known the prisoner ten years—he and I were working for the same employer since Christmas last, up to the 28th March—I knew from him that he had been courting Ann Cox—some short time before 29th March I had a conversation with him on the subject of Ann Cox—I could not say exactly how long before, but between a fortnight and three weeks—he told me that he heard Mrs. Bettle say she was going to sleep with Harry, and she asked her daughter who she was going to sleep with, and she said
<hi rend="italic">Jem</hi>—I asked him what
<hi rend="italic">Jem,</hi> and he mentioned the man's name, but I do not remember it—I did not know the man—the prisoner said he was a lodger and an out-policeman—it was since that time, and before the occurrence, that he told me he was a policeman; before the 29th—he told me that he was in his father's bedroom, and the partition being thin he heard it—I have heard him talk about Ann Cox very often, but I did not take any notice of what he said; I thought he was joking—I saw him on 28th March, and the first words I heard him say about it then were, "My Nancy's in the Strand, buy
<lb/>ing a bun"—I asked him if she was gone to London, and he told me, "Yes, gone to be married"—some time afterwards he asked me what time it was—I told him it wanted ten minutes to 12—he said, "My Nancy's married by this time"—I asked him who he thought she was married to, and he told me the policeman; he said his name, but I do not know it—it was the name that he had mentioned before as being the policeman—I asked him whether he meant the man that lodged there, and he said, "Yes"—I said, "What makes you talk so silly as that, when you know better than that yourself?"—he told me she was; he meant gone to be married—he made no other answer than that at that time—in the afternoon he began to talk about it again, and said, "My Nancy's in the Strand, buying a bun"—he continually kept saying so—I said that I should have to take him to Colney Hatch, or somewhere else, if he talked like that—he said no he should not; meaning he should not go—he said,</p>
<xptr type="pageFacsimile" doc="186207070047"/>
<p>when he went home at night he should ask the old woman what she had done with his Nancy, he should hear what she had got to say, and that he should say to her, "We had better have a quart on the strength of it"—I said, "On the strength of what?"—and he said "On the strength of the wedding"—I was going to leave him then, and I said, "Bring the other tools up what I left"—he said, "All right," and that he should not bring up the edging-knife—that was what we were using—I told him to put it somewhere where we should know where to find it—he said he would put it under the rose-tree—he said nothing more upon this matter—I bade him "Good night," and did not see him any more.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> He said he would be at work first next morning, did not he?
<hi rend="italic">A.</hi> He said, "I'll take care I can't behind to-morrow morning, I will be first."</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-156" type="witnessName">
<interp inst="t18620707-name-156" type="gender" value="female"/>
<interp inst="t18620707-name-156" type="surname" value="BETTLE"/>
<interp inst="t18620707-name-156" type="given" value="ANN"/>ANN BETTLE</persName> </hi> (
<hi rend="italic">cross-examined</hi>).
<hi rend="italic">Q.</hi> Is there any truth at all in the statement that you said to your daughter that you were going to sleep with
<hi rend="italic">Harry</hi> and she was going to sleep with
<hi rend="italic">Jem</hi>?
<hi rend="italic">A.</hi> No, not a word of truth in it.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You did not ask her who she would sleep with?
<hi rend="italic">A.</hi> No; nor did she say she would sleep with
<hi rend="italic">Jem.</hi> </p>
<p>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Nor anything of the kind?
<hi rend="italic">A.</hi> No; never anything of the kind—my daughter was not away from home on the 28th, the day before this matter happened—she was at home all day, and I saw the prisoner with her in the evening.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Had she been in London at all about that time?
<hi rend="italic">A.</hi> No.</p>
<p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> Was there any person whom you knew, named
<hi rend="italic">Harry</hi>?
<hi rend="italic">A.</hi> He lodged in my house—a person, named James Mann, used to lodge in my house, but he is gone away—
<hi rend="italic">Harry</hi> was not lodging there then; he had gone home that Wednesday to bury his mother in the country—
<hi rend="italic">Jem</hi> Mann had become a policeman—I and my daughter always slept in the same bed.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> And did so that night, I suppose?
<hi rend="italic">A.</hi> Yes—my house ad
<lb/>joins both Lawrence's and Barnes' houses—there is only one room, and it is next to both their front rooms—the head of my bed was to Lawrence's wall.</p>
<p>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> You never observed any levity or anything on the part of your daughter with either of the persons named, to excite his suspicions, or anybody else's?
<hi rend="italic">A.</hi> Never.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Do you remember your daughter going down when he called?
<hi rend="italic">A.</hi> No; I do not know—I went to sleep and did not perceive whether she did or not—she was in bed with me when he called—when I awoke with the noise she was not there—I am sure there were two noises—there was not long between them.</p>
<p>
<hi rend="italic">Jury. Q.</hi> Was it the noise that awoke you?
<hi rend="italic">A.</hi> The noise I heard at first—she was in bed with me when he called and asked if she was going to lie in bed all day—he called from down stairs.</p>
<p>
<hi rend="smallCaps">MR. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Used he to come in and light the fire and do little offices for you like that?
<hi rend="italic">A.</hi> Yes—the second noise was very shortly after the first, not many minutes.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Could you hear that they were two distinct noises?
<hi rend="italic">A.</hi> Yes—the prisoner had been sleeping at our house from the Wednesday week before—he had come there to oblige us—my daughter said,
<hi rend="italic">"Jem,</hi> may as well sleep in the house for company, we shall be dull"—that was because the lodger was away.</p>
<p>
<rs id="t18620707-747-verdict-1" type="verdictDescription">
<interp inst="t18620707-747-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18620707-747-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>.—
<hi rend="italic">Very strongly recommended to mercy by the Jury, in the belief that although at the time responsible for his actions, he was labouring under great excitement, and also on account of his previous good character; the Jury were unanimously of opinion that he had a belief that there was something improper between the deceased and some one in the house, and that though responsible for his actions, yet he was under a delusion about the young woman.</hi> </rs> </p>
<xptr type="pageFacsimile" doc="186207070048"/>
<p>
<hi rend="italic">Sentence</hi>
<hi rend="largeCaps">
<rs id="t18620707-747-punishment-29" type="punishmentDescription">
<interp inst="t18620707-747-punishment-29" type="punishmentCategory" value="death"/>
<interp inst="t18620707-747-punishment-29" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-747-18620707 t18620707-747-punishment-29"/>DEATH</rs> </hi>.</p> </div1>
<p>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Wednesday, July</hi> 9
<hi rend="italic">th,</hi> 1862.</p>
<p>
<hi rend="largeCaps">PRESENT</hi>—Mr.
<hi rend="smallCaps">RECORDER</hi>; Mr. Ald.
<hi rend="smallCaps">MECHI</hi>; Mr. Ald.
<hi rend="smallCaps">BESLEY</hi>; and</p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-157" type="witnessName">
<interp inst="t18620707-name-157" type="gender" value="male"/>
<interp inst="t18620707-name-157" type="surname" value="KERR,"/>
<interp inst="t18620707-name-157" type="given" value="ROBERT MALCOLM"/>ROBERT MALCOLM KERR, ESQ</persName> </hi>.</p>
<p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18620707-748">
<interp inst="t18620707-748" type="uri" value="sessionsPapers/18620707"/>
<interp inst="t18620707-748" type="date" value="18620707"/>
<join result="criminalCharge" id="t18620707-748-charge-1" targOrder="Y" targets="def1-748-18620707 t18620707-748-offence-1 t18620707-748-verdict-1"/>
<p>748.
<persName id="def1-748-18620707" type="defendantName">
<interp inst="def1-748-18620707" type="gender" value="male"/>
<interp inst="def1-748-18620707" type="age" value="26"/>
<interp inst="def1-748-18620707" type="surname" value="HUNT"/>
<interp inst="def1-748-18620707" type="given" value="JOSEPH"/>
<hi rend="largeCaps">JOSEPH HUNT</hi> (26)</persName>, was indicted
<rs id="t18620707-748-offence-1" type="offenceDescription">
<interp inst="t18620707-748-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18620707-748-offence-1" type="offenceSubcategory" value="embezzlement"/> for embezzlement.</rs> </p>
<p>
<hi rend="smallCaps">MR. LEWIS</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-159" type="witnessName">
<interp inst="t18620707-name-159" type="gender" value="male"/>
<interp inst="t18620707-name-159" type="surname" value="FRUIN"/>
<interp inst="t18620707-name-159" type="given" value="JOHN"/>JOHN FRUIN</persName> </hi>. I am a grocer at Acton, and deal with Mr. Betts—on 23d June, I was indebted to him in the sum of 30
<hi rend="italic">l</hi>.—I saw the prisoner that day, and paid him 30
<hi rend="italic">l</hi>.; with three 10
<hi rend="italic">l</hi>. Bank of England notes—they were endorsed with my name, and the parties I took them of—I am prepared to swear that—I did not give him this one, marked "Forged" (
<hi rend="italic">produced</hi>), nor this one which has no endorsement on it—I gave the third; it is signed with my initials "J. F. and Mrs. Phillips, June 20th, 1862," is written upon it—that is one of the three that I gave; these other two are not mine—I saw the prisoner again on 30th—I then owed Mr. Betts 31
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>.—I paid that sum to the prisoner in cheques and a 5
<hi rend="italic">l</hi>. note; before I paid it, I asked him if he had placed the other money to my credit, to Mr. Beets, and he said, "Yes, all right."</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Where are the cheques?
<hi rend="italic">A.</hi> I have not got them—I have the receipt for the money; they are pieces of blank paper with a stamp—I gave a 5
<hi rend="italic">l</hi>. note on the last instalment—I have not got that—I put my name on that note when I received it from the party I gave change to—I received it on the 20th; it is marked under the "ten"—this is the one (
<hi rend="italic">pointing it out</hi>), it is "Mrs. Phillips, June 20th, 1862, J.F."—I always take the name of the person, and endorse my notes—I cannot swear that I never took a note without endorsing it; it is always my rule to endorse them—I can't swear whether I endorsed the 5
<hi rend="italic">l</hi>. note or not—I have not seen it since—I saw these at the bank—I did not ask to look at the 5
<hi rend="italic">l</hi>. note—I cannot swear whether I endorsed that, but I san swear I endorsesed the other two 10
<hi rend="italic">l</hi>. noses—I did not re-endorse it on the 23d—I had taken it on the 20th and kept it in my cash-box—I took the other two notes from the cash-box as well; they were endorsed—I can't swear who I took them from; it is my practice to mark every note—I can swear I marked the three 10
<hi rend="italic">l</hi>. notes I gave to the prisoner—the reason I say this one is not mine, is because I don't find my writing on it; it is my practice to endorse every 10
<hi rend="italic">l</hi>. note—I cannot say that I always do—I do not make any entry of the notes, either when I take them or when I pass them on—I make no entry of the person from whom I receive them—I receive notes across the counter and place them all in my cash-box after they come in, when I have endorsed them—I cannot tell at all from whom I had taken notes a few days previous to this—I did not endorse this note, 2lst June—I did not notice the endorsement, somebody Franks—I do not know such a name.</p>
<p>
<hi rend="smallCaps">MR. LEWIS</hi>.
<hi rend="italic">Q.</hi> Before giving the three notes to the prisoner, did you endorse them all?
<hi rend="italic">A.</hi> Yes; they were endorsed at the time; I ob
<lb/>served that.</p>
<xptr type="pageFacsimile" doc="186207070049"/>
<p>
<hi rend="smallCaps">
<persName id="t18620707-name-160" type="witnessName">
<interp inst="t18620707-name-160" type="gender" value="male"/>
<interp inst="t18620707-name-160" type="surname" value="WOOLLAM"/>
<interp inst="t18620707-name-160" type="given" value="WILLIAM"/>WILLIAM WOOLLAM</persName> </hi>. I am clerk to Mr. Betts; the prisoner was in his service as carman, and had been, I suppose, about two years—on Monday, 30th June, the prisoner paid me 68
<hi rend="italic">l</hi>. odd—he produced this book at the time—there is no entry in it, on 23d, of the receipt of a sum of money from Mr. Fruin—the 68
<hi rend="italic">l</