<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<p>Sessions Paper.</p>
<p>Short-hand Writers to the Court.</p>
<p>Law Publishers to the Queen's Most Excellent Majesty.</p>
<xptr type="pageFacsimile" doc="186402010002"/>
<p>On the Queen's Commission of</p>
<p>The City of London,</p>
<p>OF THE</p>
<p>Held on Monday, February 1st, 1864, and following days.</p>
<hi rend="smallCaps">BEFORE THE RIGHT HON</hi>.
<hi rend="largeCaps">
<persName id="t18640201-name-1" type="judiciaryName">
<interp inst="t18640201-name-1" type="gender" value="male"/>
<interp inst="t18640201-name-1" type="surname" value="LAWRENCE"/>
<interp inst="t18640201-name-1" type="given" value="WILLIAM"/>WILLIAM LAWRENCE</persName> </hi>,
<hi rend="largeCaps">LORD MAYOR</hi> of the City of London; Sir
<hi rend="smallCaps">GEORGE WILSHERE BRAMWELL</hi>, Knt., one of the Barons of Her Majesty's Court of Exchequer; Mr.
<hi rend="smallCaps">JUSTICE SHEE</hi>, one of the Judges of Her Majesty's Court of Queen's Bench; Sir
<hi rend="smallCaps">JAMES DUKE</hi>, Bart., M.P.; Sir
<hi rend="smallCaps">FRANCIS GRAHAM MOON</hi>, Bart; and
<hi rend="smallCaps">
<persName id="t18640201-name-2" type="judiciaryName">
<interp inst="t18640201-name-2" type="gender" value="male"/>
<interp inst="t18640201-name-2" type="surname" value="CARTER"/>
<interp inst="t18640201-name-2" type="given" value="JOHN"/>JOHN CARTER</persName> </hi>, Esq., Aldermen of the City of London;
<hi rend="smallCaps">RUSSELL GURNEY</hi>, Esq., Q.C. Recorder of the said City;
<hi rend="smallCaps">WILLIAM FERNELEY ALLEN</hi>, Esq.;
<hi rend="smallCaps">JAMES ABBISS</hi>, Esq.;
<hi rend="smallCaps">JAMES CLARKE LAWRENCE</hi>, Esq.;
<hi rend="smallCaps">SILLS JOHNGIBBONS</hi>, Esq.; and
<hi rend="smallCaps">SIDNEY HEDLEY WATERLOW</hi>, Esq., Aldermen of the said City;
<hi rend="smallCaps">
<persName id="t18640201-name-3" type="judiciaryName">
<interp inst="t18640201-name-3" type="gender" value="male"/>
<interp inst="t18640201-name-3" type="surname" value="CHAMBERS"/>
<interp inst="t18640201-name-3" type="given" value="THOMAS"/>THOMAS CHAMBERS</persName> </hi> Esq. Q.C., Common Serjeant of the said City; and
<hi rend="smallCaps">
<persName id="t18640201-name-4" type="judiciaryName">
<interp inst="t18640201-name-4" type="gender" value="male"/>
<interp inst="t18640201-name-4" type="surname" value="KERR"/>
<interp inst="t18640201-name-4" type="given" value="ROBERT MALCOLM"/>ROBERT MALCOLM KERR</persName> </hi>, Esq., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer, and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.</p>
<hi rend="smallCaps">HENRY NICHOLAS NISSEN</hi>, Esq.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-5" type="judiciaryName">
<interp inst="t18640201-name-5" type="gender" value="male"/>
<interp inst="t18640201-name-5" type="surname" value="CAVE"/>
<interp inst="t18640201-name-5" type="given" value="THOMAS"/>THOMAS CAVE</persName> </hi>, Esq.</p>
<hi rend="italic">Sheriffs.</hi> </p>
<hi rend="smallCaps">JOHN WILSON NICHOLSON</hi>, Esq.</p>
<hi rend="smallCaps">CHARLES GAMMON</hi>, Esq.</p>
<hi rend="italic">Under-Sheriffs.</hi> </p>
<xptr type="pageFacsimile" doc="186402010003"/>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<hi rend="largeCaps">LAWRENCE, MAYOR. FOURTH SESSION</hi>.</p>
<hi rend="italic">A star</hi> (*)
<hi rend="italic">denotes that prisoners have been previously in custody—two stars</hi> (**)
<hi rend="italic">that they have been more than once in custody—an obelisk</hi> (†)
<hi rend="italic">that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.</hi> </p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">monday, february</hi> 1
<hi rend="italic">st</hi>, 1864.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
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<persName id="def1-216-18640201" type="defendantName">
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<interp inst="def1-216-18640201" type="age" value="49"/>
<interp inst="def1-216-18640201" type="surname" value="BIRCH"/>
<interp inst="def1-216-18640201" type="given" value="THOMAS RICHARDSON"/>
<hi rend="largeCaps">THOMAS RICHARDSON BIRCH</hi> (49)</persName>, was indicted
<rs id="t18640201-216-offence-1" type="offenceDescription">
<interp inst="t18640201-216-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18640201-216-offence-1" type="offenceSubcategory" value="libel"/>for a libel.</rs> </p>
<hi rend="smallCaps">MR. HAWKINS</hi>, Q.C.
<hi rend="italic">with</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>,
<hi rend="italic">and</hi>
<hi rend="smallCaps">MESSRS. POLAND</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">ORRIDGE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18640201-name-7" type="witnessName">
<interp inst="t18640201-name-7" type="gender" value="male"/>
<interp inst="t18640201-name-7" type="surname" value="TAYLOR"/>
<interp inst="t18640201-name-7" type="given" value="FELIX FREDERICK"/>FELIX FREDERICK TAYLOR</persName> </hi>. I am not in any business now—I was a wine merchant, but retired in 1858—previous to that I had formed a con
<lb/>nexion with the lady who is now my wife—that connexion has lasted about six years—I have two children by her; boys, who are now living—there was a suit in the Divorce Court; a divorce was obtained, and when the three or six months had elapsed, I married the lady, and am now living with her at Slough—we have lived there since April,1859—my household consists of two female servants, a coachman, a groom, and a gardener, generally speaking—the ages of my boys are eight and ten—I was desirous of obtaining a tutor for them, and applied to an agent named Johnson, through whom I was in
<lb/>troduced to the defendant, whom I understood to be a clergyman of the Church of England—I should have accepted whoever suited me, whether he was a clergyman or not—I first saw Mr. Birch in May, 1862, thing—I think—I had several interviews with him, during which the position in which I was living or had lived, was not referred to, either by statement from me or, inquiry by him—I made no statements to him misrepresenting my position—I think the utmost I said was that we were very plain people, meaning that there was no show or display in my establishment—I subsequently engaged him to come into my service at 100
<hi rend="italic">l</hi>. per annum, a furnished cottage and other advantages, for which he undertook the education and that case would be especially short, as one was in extremely delicate health, but to take charge of them also during their hours of relaxation, and if either of us wished the connexion to cease, a month's notice was to be given—he was put in possession of the cottage, on my own grounds, the garden, fur
<lb/>niture, and so forth—he is a married man—he went on without any objection to be found with him for four months—he and his wife dined at my table frequently, whenever I asked them—he became by degrees more and more five or six hours at a stretch, and I coaxed him as much as I could, as I did not</p>
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<p>feel in a position to scold a clergyman—about three months afterwards he applied for the chaplaincy of the Union—I introduced him to a gentleman, Mr. Nixon, who was, I believe, mainly instrumental in his obtaining that position, and he obtained it—I received this letter from him about the period of the Prince's visit to Eton (
<hi rend="italic">This letter was read under a protest from</hi>
<hi rend="smallCaps">MR. COLLINS</hi>,
<hi rend="italic">who contended that there being no date to it, it might have been written before the defendant went into the prosecutor's service.</hi>) "The Cottage, Friday morning,—My dear sir, As really the whole of this day will be given to festivities in connexion with the Prince's visit to Eton College, I propose that the boys shall have a holiday. Yours truly,
<hi rend="smallCaps">THOMAS RICHARDSON BIRCH"</hi>—The date in reality was the Friday prior to the 6th of June last year—I answered that letter—I had previously spoken to him on the sub-ject of the boys—I kept copies of my letters; the copies you have there are fac-similes—I never contemplated their being produced in Court, and I have not put "Dear sir" in many of them, but the body I engrossed word for word—I sent that letter by my servant, who is not here, but prior to that I had sent a message (
<hi rend="italic">The</hi>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">considered that the letter was not evidence, the de
<lb/>livery not being proved</hi>)—within an hour after writing that letter, I received this one (
<hi rend="italic">produced</hi>)"Dear sir, In reply to your letter just received, I have only to say that I must request an interview with you here to morrow evening, at an hour I leave to you to determine, when the matter of our engagement as well as other circumstances shall be most fully discussed." Signed, T. R.
<hi rend="smallCaps">BIRCH</hi>"—(
<hi rend="smallCaps">JOHN DIXON RIGDEN</hi>
<hi rend="italic">here proved the service of a notice on the defendant to produce certain letters without dates, but</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>
<hi rend="italic">stated that he would not pursue the matter further</hi>)—Up to the time I received the letter, proposing to give the boys a holiday, I had had no quarrel or unpleasantness with Mr. Birch, nor had he even alluded to me with any other feeling than usual—I do not know when he had last dined at my house—I afterwards wrote him a letter, and received this reply the same night; it was the day after the Prince's visit to Eton College," Saturday night Dear Sir, I acknowledge the receipt of vour cheque, more formally to be recognised on Monday; on that day I am fully resolved that a full unreserved declaration shall take place of everything. Signed, T. R.
<hi rend="smallCaps">BIRCH</hi>"—I saw him after that, and he was almost as abusive as he is in that scurrilous letter—he stated that I had taken him into my occupation under false representations—I had made no representations of any kind to him—I subsequently took another tutor, named Lott, who remained with me two months, and I subsequently hired a gentleman named Sharpe, from whom I received the letters which are the subject of this inquiry—prior to my giving the prisoner notice, he never in the most distant way asked me any questions as to the terms on which I was living with the lady; in fact he wished to remain a month longer than I wished—we are perfectly quiet people—I have the anonymous letter here, and have not the slightest doubt that it is in Mr. Birch's writing, as also the other one written to Mr. Sharpe.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COLLINS</hi>. Q. When did you retire from business?
<hi rend="italic">A.</hi> In 1858—I was in partnership with my father and brother; not with any one else—I knew a gentleman named Barlow, about 1848 or 1850—I was never in partnership with him, nor had he anything to do with the business I was carrying on—he was not a partner with my brother or my father—I knew him by his occupying the upper portion of the house in which my business was conducted—I can hardly say I visited him as a friend, but I was intimate with him, and was occasionally at his house—he</p>
<xptr type="pageFacsimile" doc="186402010005"/>
<p>introduced me to his wife, who had two children at that time—I do not know their ages; girls about ten or twelve, I believe—I visited them on friendly terms, and then eloped with Mrs. Barlow, if you choose to call it so—she left her husband's protection—I did not commit adultery with her in 1848—I am unable to tell you when it was; it was while she was under her husband's roof—I subsequently took her from her husband and herchildren, and lived in adultery with her for several years—the two children, that were the pupils of the reverend defendant, are the fruits of that adulterous intercourse—her divorce took place, I believe, in March, 1861, I think, and I married her immediately I could, which was in March, 1862, I think; if the gentlemen here are acquainted with the law, they will say that I did not lose one day; Messrs. Jennings and Son were my proctors, and assured me that that was the earliest date—when I engaged Mr. Birch as my tutor, I did not tell him the circumstances under which I had been living—I said nothing about it—I never gave him to understand that the children were illegitimate or the contrary—I told him I had a wife and children—I did not tell him that I was an Oxfordman, or a University man, or that my wife was a lady of high family, the daughter of a colonel, or that she was so virtuous she could not mix with any of the people round Windsor—I lead a quiet life; if it is necessary that the court should know it, I have had proffers of visiting, but I do, not visit—I am not acquainted with the residents of Slough and its neighbourhood—it is not true that no ladies visit at Herschell House; no ladies living in the neighbourhood visit at my house; that is at my wish—the defendant's cottage was close to my house, and he frequently dined with me on Sundays—he dined with me eight or ten times, whenever I asked him, and' his wife eight or ten times also—when the children were ill was not the only time his wife dined with me—the defendant behaved himself tolerably well for four months—giving the boys a holiday was not the only fault I found with him; he neglected them entirely—their hours were nominally from 10 to 12, and after that he let them play by themselves, and they got into the stable-yard, where I was anxious that they should not be—I had not a governess in the family when he was there; I had just before—I never imputed misconduct to her, or heard any misconduct mentioned—Mr. Birch did not complain that the children hadlearned certain facts respecting that young lady from me, and remonstrate with me about it, nor did my wife or any one—I gave her an excellent character—Mr. Birch never complained to me that the children had used improper language with reference to that young lady—I never had any con
<lb/>versation with him about the circumstances of my family—I do not know, and do not care to know, whether he knew what had occurred prior—he never, in the most distant way, asked me about these rumours, or threatened to resign if I did not give him an answer—he did not resign—I dismissed him; there is a copy of the letter—he did not ascertain from me, the state in which I had been living with Mrs. Taylor, till I gave him notice—that was a written notice, and he and his wife left upon it—he wished to remain a month longer—I did not turn him out—I threatened that in the event of his not leaving my cottage on 6th July, the rental of it would be extremely high, and on that he went—he said that he should consult his solicitor whether he was not entitled to remain a month longer—I gave him notice in June, and he objected to go at first—he had an impression thatas I did not give him notice then, he was entitled to remain till August—he left on 5th July, but objected to do so at first—I first knew Mr. Johnson in May, 1862—he got me Mr. Birch, Mr. Lott, and Mr. Sharpe—I do not</p>
<xptr type="pageFacsimile" doc="186402010006"/>
<p>know whether the tutor pays him a commission; I paid nothing—I paid nothing for Mr. Lott—I received an acceptance of his, which I paid to Mr. Johnson for him—I do not deal in bills—Mr. Johnson sued him for the commission, and Mr. Lott paid him with his acceptance—I gave Mr. Johnson cash for the bill, and deducted it from Mr. Lott's salary—I knew nothing about it being for commission—I knew that it was for some claim—I have not, since the hearing before the Magistrate, made several statements about how much this prosecution has cost me—I have never said that it cost me 3,000
<hi rend="italic">l</hi>., and I would pay 20,000
<hi rend="italic">l</hi>. but I would ruin this man—I have never boasted how much it has cost me, or made any communication to any one, except my solicitor, about how much it has cost me—I was certainly very glad to find such eminent men on my side as the learned Queen's Counsel and Mr. Serjeant Ballantine, when I was threatened with Mr. Coleridge.</p>
<hi rend="italic">Q.</hi> Have not you written to the papers stating that you had obtained the services of those gentlemen?
<hi rend="italic">A.</hi> I have been very anxious to let the world know that I am not afraid to meet an accuser in open Court, and I gave those names to prove my determination—the person I introduced Mr. Birch to, when he was trying to obtain the chaplaincy, was not a guardian, I believe, but he is a gentleman of considerable local influence—I have never charged another person with writing this anonymous letter—I know a man named Hearn at Windsor—I have had no dispute with him—I placed a pony in his hands to keep—he put it in harness, without my sanction, and wrung its shoulder, and I insisted on his making that reparation which his unwarrantable conduct required—he paid me a couple of sovereigns—I sued him—on my oath I did not charge him with writing this anonymous letter—Mr. Birch has never told me that he received anonymous letters respecting me—the first notice I had of it was contained in one of these defamatory letters—I have never received any anonymous letters—I did not receive this.</p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> I suppose those unfortunate proceedings against you appeared reported in all the public papers?
<hi rend="italic">A.</hi> Yes; Mr. Barlow, when he instituted the suit, did not seek to recover any damages, and no damages were recovered against me—I was in the hands of my proctors, and acting under their advice, I married the lady the moment she became free—there were some legal details respecting the sittings of Par
<lb/>liament which they entered into; I cannot explain them to you—I put myself in their hands, married the moment I could, and have been living with the lady and the children ever since—it has not been my wish to visit in the neighbourhood—I only took the place with a view of protecting my child, who is subject to epileptic fits—many ladies do visit me, but I have no acquaintances there.</p>
<hi rend="smallCaps">MR. COLLINS</hi>.
<hi rend="italic">Q.</hi> Up to the time of your marriage were you living on the same terms with your present wife?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-8" type="witnessName">
<interp inst="t18640201-name-8" type="gender" value="male"/>
<interp inst="t18640201-name-8" type="surname" value="JOHNSON"/>
<interp inst="t18640201-name-8" type="given" value="THOMAS MORGAN"/>THOMAS MORGAN JOHNSON</persName> </hi>. I am a clerical and scholastic agent of King William-street, Strand—I have known the defendant for some years in the way of business—he applied to me to get him a situation as tutor; I after
<lb/>wards introduced him to Mr. Taylor—he got the situation through me—I know the Rev. Mr. Sharpe—I also introduced him to Mr. Taylor as tutor some time after Mr. Birch left—Mr. Sharpe brought this letter of 15th October, to my office; I think either the day he received it, or the day after—I believe that letter to be the handwriting of the defendant—I have corresponded with him—Mr. Sharpe left the letter with me—I gave it to Mr. Pawle, Mr. Taylor's solicitor; I thought it right to do so.</p>
<xptr type="pageFacsimile" doc="186402010007"/>
<hi rend="italic">Cross-examined. Q.</hi> Have you ever seen Mr. Birch write?
<hi rend="italic">A.</hi> Never; my belief is founded upon letters I have received from him—I have got three tutors for Mr. Taylor; the tutors pay the commission—Mr. Lott had a dispute with me about his commission—I am not upon either good or ill terms with the defendant—I have no ill feeling against him—he has threatened to sue me, I presume for introducing him to Mr. Taylor—I knew none of the circumstances of Mr. Taylor's household when I introduced the defendant into his family—he told me nothing about it—Mr. Sharpe's com
<lb/>ission is not paid yet.</p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> You have had more communications than one from Mr. Birch, I believe?
<hi rend="italic">A.</hi> I have had a great many letters from him—I have not spoken to him about them afterwards; I have acted upon them.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-9" type="witnessName">
<interp inst="t18640201-name-9" type="gender" value="male"/>
<interp inst="t18640201-name-9" type="surname" value="SHARPE"/>
<interp inst="t18640201-name-9" type="given" value="SAMUEL"/>REV. SAMUEL SHARPE</persName> </hi>. I am at present residing with Mr. Taylor at Slough—his two sons are entirely under me as tutor—I was in negotiation with Mr. Taylor, through Mr. Johnson, in October—I was then living in Pimlico—I received this anonymous letter of 15th October, while I was at Pimlico—it came to me by post—I handed it to Mr. Johnson, and asked him what it meant—it was subsequently suggested that I should write to Mr. Birch; as the names of three clergymen were mentioned in the letter, Mr. Taylor said, "will write to Mr. Creed and Mr. Sykes, if you will write to Mr. Birch, and I shall be glad if you will let me see their replies—upon on that I wrote to Mr. Birch, and in reply I received the letter dated 22nd October—this is the letter I wrote—(
<hi rend="italic">Read:</hi> "21
<hi rend="italic">st</hi>
<hi rend="italic">October, 1863. Rev. Sir, as I understand you have been tutor to the sons of Mr. F. Taylor, of Herschell House, Slough, and as I am negotiating with that gentleman with a view of occupying a similar position, I shall feel particularly obliged if you would give me your opinion of the post, and any other information you may feel disposed to give me in connexion with it</hi>")—I made inquiries and satisfied myself—the result of the negotiation was that I accepted the post of tutor to the two lads—I have a wife and family—I am residing in the cottage that Mr. Birch occupied, and have been so since 1st of November.</p>
<hi rend="italic">Cross-examined. Q.</hi> Are you a D.D.?
<hi rend="italic">A.</hi> I am, of Cambridge—before I accepted this engagement I was in Dublin—I left Dublin in consequence of the death of my predecessor at the institution which I conducted there—I carried on that institution myself for a short time—I can't say that I went away in debt, something like 3,000
<hi rend="italic">l</hi>.—the institution was a collegiate institu
<lb/>ion in Easton-street—I carried it on after the gentleman died, for four months—I left it because the executors of that gentleman served me with a writ for 379
<hi rend="italic">l</hi>. which I did not owe—judgment was not obtained against me—there was not a judgment against me in the Irish courts, that I am aware of—I wrote to the executors and told them I did not owe it—that was all I did—I left Ireland in consequence of that writ—there was also a small debt for a house which I had taken in connexion with the institution; there was only one small debt to my knowledge—I cannot exactly tell how much I owed when I left Dublin—I left in consequence of the death of my pre
<lb/>ecessor—he had agreed to enter into a fresh arrangement with me, he was taken ill in the pulpit on Christmas-day, and I never saw him afterwards to ratify it—after that I took the charge of a parish in Nottinghamshire for a time, two or three months—at the time I received the anonymous letter I was staying with a friend at 19, Elizabeth-street, Pimlico—I showed the letter to Mr. Johnson at the first opportunity—I can't remember how soon after
<lb/>wards I saw Mr. Taylor—he was at Brighton at the time—itwas some few</p>
<xptr type="pageFacsimile" doc="186402010008"/>
<p>days afterwards—I don't think I had seen Mr. Pawle, his solicitor, at that time—I don't think I had seen Mr. Pawle between the receipt of the anonymous letter and my letter to Mr. Birch; I am not positive about it, but I don't think I had—I did not intend to use any information that I got from Mr. Birch against him—it was at Mr. Taylor's request I wrote to him, and at his request I showed him the answer—I did not write it as a trap to catch him—I showed his reply to Mr. Taylor, as I had been requested before-hand to do—I called on Mr. Birch on 2nd November—I think that was before the proceedings at the police-court—I called on him as a brother clergyman, to request if he was in error that he would apologise to Mr. Taylor, and I also pointed out to him the difficult position in which he was placed if it was proved against him—I did not tell him that Mr. Taylor would ruin him, nor any words to that effect—I did not tell him that he must resign his chaplaincy; not a word was said about the chaplaincy—I did not say if he would resign the chaplaincy into my hands I would snow him an effectual way of getting out of the scrape—I said nothing at all to him about the chaplaincy, not at any conversation, nor to any one—I did not say that the Continent was open to all of us, and that he had better go there, nor words to that effect—I told him that I had not slept that night for thinking of his position—I do not recollect his stating that he did not write the anonymous letter—he said he had a great mass of documentary evidence against Mr. Taylor—I was engaged with Mr. Taylor at a salary of 150
<hi rend="italic">l</hi>. a-year, to be paid as I pleased.</p>
<hi rend="smallCaps">MR. HAWKINS</hi>.
<hi rend="italic">Q.</hi> During the time you were in negotiation with Mr. Johnson you received the anonymous letter?
<hi rend="italic">A.</hi> Yes; three clergymen were named on it as persons to whom I might refer—I wrote to one, and Mr. Taylor to the other two, and I showed him the answer I received; that was all that took place between Mr. Taylor and I as to the anonymous letter; nothing in the shape of a trap was suggested—these are the envelopes in which the two letters came.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-10" type="witnessName">
<interp inst="t18640201-name-10" type="gender" value="male"/>
<interp inst="t18640201-name-10" type="surname" value="SLACK"/>
<interp inst="t18640201-name-10" type="given" value="WILLIAM EMERY"/>WILLIAM EMERY SLACK</persName> </hi>. I am a clerk in the employment of Mr. John
<lb/>son—I have known the defendant for several years—he has been in the habit of coming to Mr. Johnson's office—I am acquainted with his hand
<lb/>writing—I have seen him write—I believe this letter and envelope of 15th October to be his handwriting.</p>
<hi rend="italic">Cross-examined. Q.</hi> How often have you seen him write?
<hi rend="italic">A.</hi> Once I can say for a certainty, and I think twice—I can swear to once.</p>
<hi rend="smallCaps">MR. POLAND</hi>.
<hi rend="italic">Q.</hi> At your office have you seen letters from Mr. Birch?
<hi rend="italic">A.</hi> Yes; continually—I have had business transactions with him spreading over more than three or four years; besides having seen him write, I have become acquainted with his handwriting.</p>
<hi rend="italic">The anonymous letter was read as follows;</hi>—"Windsor, October 15th, 1863. Reverend Sir,—For the present, in common justice to a stranger, all are quite willing and ready to believe that you do not know that you have entered into a sink of the greatest crimes and infamy, and vilest disgrace, or else are going to do so; if you still keep your engagement you will receive, and deserve it too, the contempt of all decent people who are not in the Church, and the greatest disgust of all the gentlemen who are so. Inquire of the police of this borough, also of Eton and Slough. If, likewise, you can make up your mind, and think it right to do so, you can apply about those dreadful things of the house at Slough, to the ministers there, namely, the Rev. Mr. Cree, Rev. Mr. Birch, and the Rev. Mr. Sykes. Counsellors to one whom we think needs counsel."—
<hi rend="italic">The letter to Mr. Sharpe was as follows: "</hi> Slough,</p>
<xptr type="pageFacsimile" doc="186402010009"/>
<p>October 23rd, 1863. Rev. Sir,—I am grieved to say that the duty which your letter calls upon me to perform, is one of a most painful character. When I entered upon the tutorship I need scarcely say it was in perfect ignorance of any one of the said circumstances of the family about which you inquire, or rather it was under a tissue of misrepresentations as to the social and moral condition of it. About three weeks after my arrival here, I was elected chaplain of the union. When the chairman in full board had told me, as he expressed himself with great pleasure, that I was unanimously chosen with an increased stipend, he added that it was with extreme sorrow and regret be found I stood in any relation to Mr. Taylor, and inquired whether I was willing to resign. I was allowed a certain time for examina
<lb/>tion of the alleged facts against Mr. Taylor. During that period I received several anonymous letters, referring to law reports in which occurs the case of 'Barlow
<hi rend="italic">v.</hi> Barlow and Taylor.' I also received a newspaper containing a report of the Consistorial Court proceedings in that lamentable matter. The far greater part of the ladies of this place, while saying how happy they would be to receive the visits of Mrs. Birch, assured me that it was utterly impossible to visit her; and many gentlemen, while calling on me, apologised for not bringing their wives or daughters to the cottage, No respectable persons visit at Herschell House. When Mr. Taylor, after six serious entreaties upon my part, declined to tell me whether, even then, he was married to the woman with whom he lives, and who is the mother of the boys, my late and your prospective pupils, I quitted the cottage. Since that time I have been most credibly informed that there are other facts in this case to which I should be ashamed to refer in writing. The most injurious circumstance of my life is my ever having stood in the connexion with them which I have so unhappily done. I am quite startled at their audacity in again address
<lb/>ing themselves to a clergyman, but suppose that even their shamelessness has not gone so far as to again address themselves to one who is married. I am, Reverend Sir, yours faithfully, T. R.
<hi rend="smallCaps">BIRCH. "</hi> </p>
<hi rend="smallCaps">
<persName id="t18640201-name-11" type="witnessName">
<interp inst="t18640201-name-11" type="gender" value="male"/>
<interp inst="t18640201-name-11" type="surname" value="PULLEN"/>
<interp inst="t18640201-name-11" type="given" value="STEPHEN"/>STEPHEN PULLEN</persName> </hi>. I reside at Orton, Bucks—I am one of the guardians of the Union to which Mr. Birch became chaplain—I am not the chairman—I have occasionally acted as chairman when the chair has been vacated by the chairman, and I happened to be so when Mr. Birch's election came on—it was not my duty to congratulate him upon his success I think I was chairman immediately afterwards—I was present at the time, and am acquainted with what took place—no observation whatever was made to him upon the subject of his connexion with Mr. Taylor's family; not by anybody.</p>
<hi rend="italic">Cross-examined. Q.</hi> There were more meetings than one, were there not?
<hi rend="italic">A.</hi> There is a meeting every Tuesday—Mr. Birch may have been before the board more than once; I might not have been there—he still holds the office.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-12" type="witnessName">
<interp inst="t18640201-name-12" type="gender" value="male"/>
<interp inst="t18640201-name-12" type="surname" value="PERRY"/>
<interp inst="t18640201-name-12" type="given" value="WILLIAM"/>WILLIAM PERRY</persName> </hi>. I am a lithographer in Lincoln's-inn-fields—I have made the subject of handwriting my study for twenty-seven years—I have seen and carefully examined the two letters of 15th and 22nd October, together with the envelopes in which they came—(
<hi rend="italic">Upon the witness being asked if he believed the two letters written to be in the, same handwriting</hi>,
<hi rend="smallCaps">MR. COLLINS</hi>
<hi rend="italic">objected, and submitted that in a criminal case the evidence of an expert was inadmissible as to a similarity in handwriting; the admission of evidence of that nature was one of the grounds upon which the attainder against Al
<lb/>gernon Sidney was reversed. Although the Common Law Procedure Act per
<lb/>mits comparison, that applies only to civil cases. In support of the objection, the following authorities were cited, Reg.</hi> v.
<hi rend="italic">Cator</hi>, 4
<hi rend="italic">Espinasse, p.</hi> 117; Rex</p>
<xptr type="pageFacsimile" doc="186402010010"/>
<hi rend="italic">Coleman</hi>, 6
<hi rend="italic">Cox's Criminal Cases</hi>, 163;
<hi rend="italic">Eagleton and another</hi> v.
<hi rend="italic">Kingston</hi>, 8
<hi rend="italic">Vesey Junr.</hi> 476;
<hi rend="italic">Greaves</hi> v.
<hi rend="italic">Hunter, 2 C. & P.</hi> 477.
<hi rend="smallCaps">MR. HAWKINS</hi>
<hi rend="italic">did not ask the witness to make a comparison of handwriting, but he offered it as evidence of the same character as was continually given in Mint cases, where an expert was called to prove that certain coins came from the same mould.</hi>
<hi rend="smallCaps">THE RECORDER</hi>
<hi rend="italic">could not take upon himself to reverse the decisions which had been given upon this subject; it was not for him to find a reason for them, but they having decided the question, he was bound by them.</hi> </p>
<hi rend="smallCaps">MR. COLLINS</hi>
<hi rend="italic">submitted that as to the libel charged with respect to the second letter, written in reply to Mr. Sharpe's, it was a privileged communication on the part of the defendant, that there was no malice in it, but that it was a bona fide answer to the inquiry made of him.</hi>
<hi rend="smallCaps">THE RECORDER</hi>
<hi rend="italic">considered that it was for the jury to say whether or no it was merely a bona fide answer to the question put to him; he should direct the jury that it was a privileged com
<lb/>munication, leaving the question of malice for them, telling them that even if the answer to was not true in fact, but was written bona fide, there would be no malice</hi>)
<hi rend="smallCaps">CHARLES PRENTICE BARRETT</hi> (
<hi rend="italic">called by the prosecution, examined by</hi>
<hi rend="smallCaps">MR. COLLINS</hi>.) I was in the room when Mr. Birch was before the Board of Guardians—two interviews took place—at one of those references was made to the social position of Mr. Taylor; it was suggested that it might be an objection to accepting Mr. Birch as our chaplain.</p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Who was the chairman at the time the subject was introduced?
<hi rend="italic">A.</hi> It was not the chairman who introduced the subject—Mr. Edwards, the vice-chairman was present—Mr. Pullen was present at one part of the meeting, but whether he was there when that ob
<lb/>servation was made or no, I cannot say—I don't know whether he was or not—a gentleman, named Atkins, a guardian, made the observation—he mentioned it in the board-room first, and then after Mr. Birch was shown into the room he was asked whether he was aware of the fact or no—he appeared to be perfectly surprised, and said, "Indeed, gentlemen, I am not at all aware of anything affecting Mr. Taylor's character"—he did not say that he had learnt all about it three weeks after he had come into his em-ployment—he was to make some inquiry as to the matter—this was on 2nd September, 1862; it was the day of his election—he had previously been performing the duties of chaplain temporarily—he expressed the greatest surprise, and held up his hands, he seemed utterly astonished—I acted as attorney for Mr. Birch at the police-court, but I withdrew from the matter some time ago.</p>
<hi rend="smallCaps">MR. COLLINS</hi>.
<hi rend="italic">Q.</hi> Was that from his want of funds?
<hi rend="italic">A.</hi> Yes; he had no funds to instruct a solicitor properly to conduct the case.</p>
<rs id="t18640201-216-verdict-1" type="verdictDescription">
<interp inst="t18640201-216-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18640201-216-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>.—
<hi rend="italic">He received a good character, and was recommended to mercy by the jury on the ground that he was hurt at his dismissal.</hi> </rs> </p>
<hi rend="italic">
<rs id="t18640201-216-punishment-1" type="punishmentDescription">
<interp inst="t18640201-216-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t18640201-216-punishment-1" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-216-18640201 t18640201-216-punishment-1"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18640201-217">
<interp inst="t18640201-217" type="uri" value="sessionsPapers/18640201"/>
<interp inst="t18640201-217" type="date" value="18640201"/>
<join result="criminalCharge" id="t18640201-217-charge-1" targOrder="Y" targets="def1-217-18640201 t18640201-217-offence-1 t18640201-217-verdict-1"/>
<persName id="def1-217-18640201" type="defendantName">
<interp inst="def1-217-18640201" type="gender" value="male"/>
<interp inst="def1-217-18640201" type="age" value="28"/>
<interp inst="def1-217-18640201" type="surname" value="WOOD"/>
<interp inst="def1-217-18640201" type="given" value="WALTER CRANBROOK"/>
<hi rend="largeCaps">WALTER CRANBROOK WOOD</hi> (28)</persName>
<rs id="t18640201-217-offence-1" type="offenceDescription">
<interp inst="t18640201-217-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18640201-217-offence-1" type="offenceSubcategory" value="embezzlement"/>, Embezzling the sums of 4
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>., 1
<hi rend="italic">l</hi>., and 5
<hi rend="italic">l</hi>., which he had received as servant to
<persName id="t18640201-name-14" type="victimName">
<interp inst="t18640201-name-14" type="gender" value="male"/>
<interp inst="t18640201-name-14" type="surname" value="WADDELL"/>
<interp inst="t18640201-name-14" type="given" value="PHILIP"/>
<join result="offenceVictim" targOrder="Y" targets="t18640201-217-offence-1 t18640201-name-14"/>Philip Waddell</persName>.</rs> </p>
<hi rend="smallCaps">MR. ORRIDGE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18640201-name-15" type="witnessName">
<interp inst="t18640201-name-15" type="gender" value="male"/>
<interp inst="t18640201-name-15" type="surname" value="WADDELL"/>
<interp inst="t18640201-name-15" type="given" value="PHILIP"/>PHILIP WADDELL</persName> </hi>. I am an importer of foreign glass of Fish-street-hill—the prisoner was in my employment as clerk and collector for two years and a half, up to December last—I was in business for three years—on the receipt of money it was his duty to pay it over to me, and enter it in the books—Mr. James Johnson, of Houndsditch, was a customer of mine—the prisoner had a receipts-book, from which he took receipts—these produced</p>
<xptr type="pageFacsimile" doc="186402010011"/>
<p>are the counterfoils—here is a receipt dated October 5th, and this is the counterfoil of that date—he paid me over 13
<hi rend="italic">l</hi>. 19
<hi rend="italic">s</hi>. on 5th October; that is on the counterfoil—the receipt is for 18
<hi rend="italic">l</hi>., that leaves a deficiency of 4
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>.—the next date is November 13th—that is for 1
<hi rend="italic">l</hi>. received from Mr. John
<lb/>son—I do not find any counterfoil of that date—the receipt is supposed to come out of this book; it is in the prisoner's handwriting—on 1st December here is a receipt for 5
<hi rend="italic">l</hi>. from Johnson—I find no entry in the account-book of that 5
<hi rend="italic">l</hi>.—there have been counterfoils torn from the end of this book—there are some counterfoils at the end not filled up—the prisoner did not account to me for the 4
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>., the balance of the 18
<hi rend="italic">l</hi>., or for the 1
<hi rend="italic">l</hi>. on 13th November, or for the 5
<hi rend="italic">l</hi>. on 1st December—he would enter the receipt in the cash-book and ledger, which were kept by the prisoner—he would enter the sums he paid me first in the cash-book—this is the cash-book—it was kept entirely by him—on 5th October 13
<hi rend="italic">l</hi>. 19
<hi rend="italic">s</hi>. is entered to Mr. Johnson's account in the prisoner's writing, 4
<hi rend="italic">l</hi>. on 13th November, but no entry what
<lb/>ever on 1st December—those same amounts are carried out by the prisoner into the ledger—this is the ledger—about 14th December, I made some discovery and spoke to the prisoner—I told him there was this deficiency and asked him to account for it—I first consulted a detective officer—I told the prisoner of the deficiency of the 4
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>.—he said if I had seen the receipt for 18
<hi rend="italic">l</hi>. with his handwriting in Johnson's hands, it must be correct—I told him he had better go down and see it himself—he went with my town traveller—Mr. Johnson satisfied him that the receipt was correct—when he returned, I asked him how he accounted for it—he said I had given him orders to sell goods, and not enter them in my books—I denied it positively; it is not true that I ever gave such orders—he said whatever cases I found out against him, it was the same answer for all—either the next day, or two days after, I found out two more cases—I spoke to him again about it; and said I did not feel satisfied, that I should go on finding out more—he again said that he had the same answer for it all, that I had given him orders to sell goods and not enter them in the books—I called his attention to this very sale, which was entered in the book; the greater part of it, 13
<hi rend="italic">l</hi>. 19
<hi rend="italic">s</hi>. out of the 18
<hi rend="italic">l</hi>., is entered—that was not one sale; there were two lots, and two invoices—the amounts were 15
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>. and 4
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—I have the invoices—I knew nothing of the 4
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. invoice—I was not aware nntil I went to Mr. Johnson's again, that this 4
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. sale had been effected—when I told the prisoner that this had been entered in the book, he said nothing—there was no discount on the 4
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.; it was a job lot—Mr. Johnson paid him 4
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>—there was a discount of 9
<hi rend="italic">s</hi>. on the 4
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—there is nothing in the books to show that such a sale had been made to Mr. Johnson—I appointed the detective-officer to meet me at my warehouse on Monday morning to give the prisoner into custody, and I did so—he told me to look him in the face, and again told me that I had given him orders to sell goods, and not enter them in the books—I again denied it—after the examination at the Mansion-house, the prisoner came to me—he was on bail—I was out when he called—when I came in he told me that I owed him a week's wages—I said I did not, and if a week's wages were due to him I should not pay them until this affair was settled—he said he had instructions to call by his solicitor till it was paid—I toldhim if my solicitor said it was to be paid I would pay it—I went to Mr. Wontner, and he told me not to pay it—next day the prisoner called on me again—it was on Christmas-eve—he asked me what was the good of my prosecuting him—I said, "Because you have robbed me to the amount of</p>
<xptr type="pageFacsimile" doc="186402010012"/>
<p>money I claim, and have reduced me to bankruptcy"—he said, "You have an idea that I am worth money"—I said, "I have no idea of the sort"—he then said, "I will give you 30
<hi rend="italic">l</hi>., which is about the amount of money that you miss, and a bill of sale for 70
<hi rend="italic">l</hi>. on my furniture, making 100
<hi rend="italic">l</hi>., if you will not prosecute me"—I said, "It rests in my solicitor's hands; I will have nothing to do with it; if you like to see him, you can"—he went and saw my solicitor, and he would have nothing to say to him on the subject—he again called, and I would not see him at all—he made an excuse to call for a railway-rug, which was not on my premises—he said if I prosecuted him, he would represent to my creditors that I was worth more than I said I was—I had then made an offer of 10
<hi rend="italic">s</hi>. in the pound, as much as the estate would produce—I was arrested through the prisoner on New Year's-day, by the representation he made to my opposing creditor—I got my discharge—the prisoner had the entire management of my business; the whole of my books were kept by him—he had omitted to tell me of a bill to rather a large amount that was due.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Do you say that you have received your discharge from the Court of Bankruptcy?
<hi rend="italic">A.</hi> I have not received my discharge; I have received my release from custody—I have been examined in the Bankruptcy Court—the offer to pay me the 30
<hi rend="italic">l</hi>. and 70
<hi rend="italic">l</hi>. was on Christmas-eve at my warehouse—my town-traveller, Meyers, was inside at the time, and the detective—that was two or three days after the examina
<lb/>tion before the Magistrate, after he had stated I had given him orders not to enter the goods—I had been cross-examined by his solicitor before the Magistrate about my sending goods for sale—I opened the door, and called the detective out to hear the conversation—he was then in my warehouse about this case—I did not know that the prisoner was coming—the detective had been with me for two hours examining my books—he did not hear the conversation; I communicated it to him—I went before the Magistrate again after this, but there was no fresh examination—my deposition was read over to me, and I was asked if I had anything to add before I signed it—I never alluded to the conversation on Christmas-eve—I was called again after that conversation took place—I had an opportunity of stating it if I had chosen—I was represented by Mr. Wontner, my attorney—I did send my goods to sale-rooms for sale in my own name—I ordered no name—any name that might be used, but none in particular—I directed them to be put in my own name—they were not sent in the prisoner's name by my knowledge; I did not care whose name—they were goods that were perfectly unsaleable by my traveller—I did that as far back as February 4th until about November last—not frequently during that time; twice or three times—I am looking at a note of the date and amount of what I sent—it is in my own handwriting—I got it from Jones and Bonham's, the auctioneers—I have entries of these in my ledger—I did not enter them in my own name—the entry is on the 4th February; "Ready money sales, 10
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>."—there is no name whatever—there are no initials to it in my cash-book; it is the prisoner's writing—the entry in the ledger is, "Sales, J. and B., 10
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>."—that is, Jones and Bon
<lb/>ham, the auctioneers—there are no goods specified—my day-book would show what the goods were—I see it is entered in the day-book as a job lot, "Ready-money sales, J. and B., goods, job-lot, 10
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>."—they were goods perfectly unsaleable to the trade—none of the books show what the goods were—the prisoner had orders to make lists of them, and enter them in the books—the same thing applies to all the other sales of which I have spoken; it</p>
<xptr type="pageFacsimile" doc="186402010013"/>
<p>is the same sort of entry—my business was not large enough to admit of Such sale as 100
<hi rend="italic">l</hi>.—that went on from February till November—to my know
<lb/>ledge it only occurred three times—the prisoner has entered it twice in the book, but I believe there was another sale not entered—I can pledge myself that not more than three lots went for sale—I was not short of money in February when the first goods were sent—I first discovered that I was short or money about the end or March—it was on my going to take a partner that I found out these deficiencies; that was in November—I was not in difficulties in March; I had not a great deal of cash at that time—I managed to pay my way to the 5th November—business had not been very good—I once borrowed 28
<hi rend="italic">l</hi>. of the prisoner; no other sum—I did not in October, 1862, borrow 90
<hi rend="italic">l</hi>. of him, nor 50
<hi rend="italic">l</hi>.; no sum but the 28
<hi rend="italic">l</hi>.—he had money left him at his mother's death, and he asked me if I would allow him, as I had a banking account, to pay it in, and let him have it as he wanted it—he drew it out some three or four days afterwards, most of it—I have the cheques in Court—he did not draw it out in one sum—in several sums—the first sum he paid in was 90
<hi rend="italic">l</hi>.—the second sum was not so much as 50
<hi rend="italic">l</hi>. I think—it may have been 50
<hi rend="italic">l</hi>., it may have been 30
<hi rend="italic">l</hi>.; I think it was 30
<hi rend="italic">l</hi>.—he continued to draw out small sums for some time—the 28
<hi rend="italic">l</hi>. was lent me on 1st March—the sums are entered in the ledger to his credit, and there are his entries where he has been paid as well—I did not enter it—I made no entries in the ledger; the prisoner made the entries—there is an entry on 25th October of 10
<hi rend="italic">l</hi>. paid to him—the 28
<hi rend="italic">l</hi>. was lent me by him to take up a bill—that was returned whenever he liked to ask me for 4
<hi rend="italic">l</hi>. or 5
<hi rend="italic">l</hi>.—that was settled on 30th November—he never applied to me for it before that—I borrowed it in March, 1863—he had 13
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>. on 30th November—he had orders always to enter all sales in the books—broken goods would be entered as job-lots—that may occur every week—I never told the prisoner not to enter goods—I am a married man, and have three children—I once went by another name besides Waddell—it was a foolish affair; to one family I went by the name of Gover—I gave my address as at Brixton—I was introduced to a young lady—I was not proposing to her—I did not wish her or her family to know my name—that is a few months ago—I did not wish to marry her—I did not wish her to know my name, because I was acquainted with a brother, and I wished to be on visiting terms with the family, and I did not like any of the to know my real name—I was not driving the young lady about to places; I have met her out—I have not taken her about to places of amusement—I would not swear it; it has nothing to do with this case of embezzlement—I mean to say that I was not proposing to marry the young lady—I did not say that I had expectations from my uncle, and was coming into a large property—I was married at this time, unfortunately, and had three children at home—I was living at Brixton with my wife and children—I gave my address, "Brixton"—I did not give the address where my wife was living—I gave an address in the City, Doctors'-commons—my warehouse is in Doctors'-commons—I did not say anything about Fish-street-hill—I did not tell the father of the young lady that, when I was twenty-five, I should come into possession of con
<lb/>siderable property from my uncle—I said I had an uncle who was appointed guardian and executor to my father's estate; that was all I said about my uncle—I certainly told them I was pretty well off—I said I lived with my uncle occasionally, and that I was clerk to him—that was not true—I used to call at this young lady's house some eight or nine months ago—that was about May or June—I had called there occasionally, but did not make</p>
<xptr type="pageFacsimile" doc="186402010014"/>
<p>a practice of visiting there before that—it continued until about two and a half or three months ago—I did not often go about to places of amusement—I have taken her about, certainly—I did not make her pay for herself; the expenses were trifling—I mean really to say that I was not proposing to marry this young lady—I never told her father that I was a suitor for the hand of his daughter—I never exchanged half a dozen words with the father—he did not object to my taking her about without proposing for her—I believe he is an auctioneer—my wife came to my place of business some little time before the prisoner was taken into custody to ascertain from the books how much money I had been drawing—the prisoner's wife had told her that I had had a good deal of money out of the business—I proposed to the prisoner to copy out of the ledger what I had received for the last six months—the prisoner did not refuse; he said he would do so—I did not propose that he should show her that what I had only amounted to 25
<hi rend="italic">l</hi>. a month—he wrote down various sums on a piece of paper—I told my wife that I lived at the rate of from 350
<hi rend="italic">l</hi>. to 400
<hi rend="italic">l</hi>. a year—I copied out several sums entered by the prisoner in the ledger, and showed it to her—I don't recollect how much that amounted to—it might have been con
<lb/>siderably more than 260
<hi rend="italic">l;</hi> it might have been less; I never calculated what the amount was—it was not about half the amount that I had really spent—I cannot swear that the ledger shows I had more than 800
<hi rend="italic">l</hi>., I very much doubt it—I told my wife it was between 300
<hi rend="italic">l</hi>. and 400
<hi rend="italic">l</hi>., and I believe my expenditure to have been that much, and no more—I let no bills go back till 5th November—I was selling plenty of goods, but receiving very little money—accounts for money came in—I was compelled to go to the Bankruptcy Court through the defalcations of your client—I borrowed 20
<hi rend="italic">l</hi>. of my wife's brother—I raised 100
<hi rend="italic">l</hi>. through Walkerand Mar
<lb/>tineau—that was on my own property—when I first found out that the busi
<lb/>ness was not paying as it should do, was after I had been ill five months—that was in April, 1863—I paid large sums of money into the bank to keep my business on—the investigation when a partner was proposed took place at the end of October—the prisoner told me I was worth 800
<hi rend="italic">l</hi>. when my debts were all paid and I had received all my money, and on the strength of that I asked 400
<hi rend="italic">l</hi>. for the good-will—through the prisoner, I represented that the concern was paying, and, to my mind, it was—I was aware in 1863 it was not paying as it should be—I was not aware that in October, 1863, I was insolvent; I was not insolvent—I represented to the proposed partner that I was doing 60
<hi rend="italic">l</hi>. a week, at a profit of nearly 40 per cent., according to the prisoner's own showing; I was led to believe it true, and I did believe it—I was short of money in April—the 28
<hi rend="italic">l</hi>. I had from the prisoner was to take up a bill—I had trade bills—my business is all done in bills—I have got my bills discounted—I did once pay large interest for money, through the prisoner's introduction, to a man named Isaacs, in the Strand—I sometimes sell goods myself in my warehouse—I have never sold goods and put the money in my pocket without informing the prisoner of it—I have done so—the money was my own—my writing is in none of my books, the prisoner kept my books entirely—when he was absent, I have made entries on pieces of paper and gave them to him, specifying who purchased the goods, what they were, and the amount sold—on one occasion he called my attention to the amount of 40
<hi rend="italic">l</hi>. that I had drawn from the concern within the last few days, and I denied it; I had not done so anything like that amount—that was about November or December, about the time the money he had received was missed; he said, "Have you any idea of the amount you</p>
<xptr type="pageFacsimile" doc="186402010015"/>
<p>have had since the beginning of the month?"—I said, "No, I have not "—he then told me, and I said it could not be true, for I knew I had not—that was not at the time I was taking this young lady about; I had ceased all acquaintance with her—it was, I think, a few days before my wife came to the office to inquire—I kept no account of what I had for my own private use—I placed implicit trust in the prisoner—I should say I certainly had not more than 300
<hi rend="italic">l</hi>. or 400
<hi rend="italic">l</hi>. a year—I can't positively swear it was 600
<hi rend="italic">l</hi>. or less; I kept no account—at the time the prisoner drew my attention to the amount I had received since the beginning of the month and I said it could not be true, he went over the accounts with me and showed me his entries in the books—I might at times have had a pound or two from him instead of sending to the bank—I never borrowed anything from his wife—I think, at his house one Sunday evening, I asked him to lend me a sovereign and his wife gave it to him, and he handed it to me—I have slept at his house twice—that was in consequence of disputes with my wife—I have a traveller; he is here—he did not take out these very goods that I charge the prisoner with selling and not entering—the prisoner sold them himself—the traveller took out the goods that I was compelled to sell by auction, because they were useless—the goods mentioned in these three items were packed by the warehouseman, and taken out by him and our delivery-boy—the warehouseman would not make any entry—I have several of the prisoner's receipt-books here; there is no entry of 1st December in this particular book—there are several entries of sums from Johnson's, besides the one in question—I have two invoices here—the particular sum of 4
<hi rend="italic">l</hi> 1
<hi rend="italic">s</hi>. is not entered anywhere in my books—there are other goods to which these receipts are applicable entered by the prisoner—here is an entry on 13th November of "Johnson, 4
<hi rend="italic">l</hi>."—I know that does not apply to it—Mr. Johnson has the receipt for that—I know a man named Sherer; he buys broken goods of me—I did not, in his presence, tell the prisoner not to enter some goods amounting to two guineas—Sherer does buy goods of me—he did not pay me two guineas for goods, nor did I tell the prisoner in his presence not to enter the goods or the receipt of the money—I swear that—I am aware that Sherer is here—I will swear I told him nothing of the kind.</p>
<hi rend="smallCaps">MR. ORRIDGE</hi>.
<hi rend="italic">Q.</hi> I believe you were intimate with the prisoner, in
<lb/>dependently of his being your clerk?
<hi rend="italic">A.</hi> I was very intimate with him—I did not tell him about this affair of the young lady; be knew of it; he set his wife to watch me—I saw the young lady at the Mansion House, and her sister and father; they were brought there by the prisoner—Mr. Lewis was with them—she was not called—my wife was also there, not with them, with me—I allowed the gentleman who was proposing to become my partner to bring his own stock-taker and accountant and see the nature of the business, and I allowed him two months to examine into the affairs—he was nearly every day in my warehouse—all the money which I paid into my bankers for the prisoner was repaid to him—the 28
<hi rend="italic">l</hi>. he lent me about 21st March last—I repaid him that as he asked for it—I attribute my embarrassments to the prisoner's fraud—there are nine sums that he has received and not accounted for—I only went into those nine cases—they amount to about 25
<hi rend="italic">l</hi>.—that includes the three sums charged in the indictment—the ac
<lb/>countant went through my books and found a deficiency of 300
<hi rend="italic">l</hi>. in eleven months' trading—I don't mean that the 25
<hi rend="italic">l</hi>. is all I attribute to the prisoner; that is the amount of the nine cases that I have taken—I have found out other cases besides those—there are matters of discount that he</p>
<xptr type="pageFacsimile" doc="186402010016"/>
<p>has taken and kept, and then charged in the books—that would amount to a large sum—I did not go over with him the sums that he said I had drawn—I said to him, "You have not entered the items that I have had, but you have entered so much at the end of the month, 20
<hi rend="italic">l</hi>. or 30
<hi rend="italic">l</hi>."—all the sales to Jones and, Bonham were entered in the ledger; they amounted to about 12
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>.; one was 10
<hi rend="italic">l</hi>. and the other 2
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>.—there is no other sum entered in the ledger in the twelve months—I am not aware that any other goods were sent—I have given up to my assignees the accounts in which all this appears.</p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> What is the amount of your debts?
<hi rend="italic">A.</hi> To my creditors, 800
<hi rend="italic">l</hi>.—my stock is worth 560
<hi rend="italic">l</hi>., and I am owed 200
<hi rend="italic">l</hi>. in cash—I have offered 10
<hi rend="italic">s</hi>. in the pound.</p>
<hi rend="smallCaps">MR. ORRIDGE</hi>.
<hi rend="italic">Q.</hi> How much did you receive from your father?
<hi rend="italic">A.</hi> About 3,000
<hi rend="italic">l</hi>., with which I began business.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-16" type="witnessName">
<interp inst="t18640201-name-16" type="gender" value="male"/>
<interp inst="t18640201-name-16" type="surname" value="JOHNSON"/>
<interp inst="t18640201-name-16" type="given" value="JAMES"/>JAMES JOHNSON</persName> </hi>. I am a customer of Mr. Waddell's—I know the prisoner as being a clerk of his—these three receipts are in the prisoner's writing, and were given to me by him for sums paid by me—I believe they refer to these two invoices, one for 15
<hi rend="italic">l</hi>. odd, and the other for 4
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—the discounts made it come to 18
<hi rend="italic">l</hi>.—I paid all three sums to the prisoner himself on Octo
<lb/>ber 5th, November 13th, and December 1st.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-17" type="witnessName">
<interp inst="t18640201-name-17" type="gender" value="male"/>
<interp inst="t18640201-name-17" type="surname" value="MEYERS"/>
<interp inst="t18640201-name-17" type="given" value="JOHN"/>JOHN MEYERS</persName> </hi>. I was town and country traveller to Mr. Waddell—I re
<lb/>member some goods being sent to Jones and Bonham; they were a class of goods that I could make a very little indeed with amongst the customers—they were slightly damaged in the gilding, and were a style of pattern that the customers at the west-end, who they were intended for, did not approve—they were unsaleable—I had had them out several times.</p>
<hi rend="smallCaps">MR. METCALFE</hi>
<hi rend="italic">called the following witnesses for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18640201-name-18" type="witnessName">
<interp inst="t18640201-name-18" type="gender" value="male"/>
<interp inst="t18640201-name-18" type="surname" value="OGAN"/>
<interp inst="t18640201-name-18" type="given" value="ALFRED"/>ALFRED OGAN</persName> </hi>. I formerly practiced as an accountant, but do not now—in the early part of December, last year, I was called in by Mr. Wain
<lb/>wright, who was about to become a partner of the prosecutor's, and went there to go over his books—I found that the amount of gross profit was very small—I was desirous of ascertaining whether that arose from an ex
<lb/>penditure made for opening out the business, or from forced sales—I made an estimate as to the rate of profit which the prosecutor said he always got on his goods, and found that if that rate of profit had been obtained there was a deficiency of 300
<hi rend="italic">l</hi>. or 400
<hi rend="italic">l</hi>.—I called the prosecutor's attention to it, and asked him whether there had been any forced sales—he said there had been none whatever—I was subsequently called upon by the prosecutor, and Mr. Wainwright, to attend a private meeting at the White Hart hotel—the prisoner was present, and he was asked, in the presence of Mr. Wad
<lb/>dell and Mr. Wainwright, to account for this apparent deficiency in the stock of 300
<hi rend="italic">l</hi>. or 400
<hi rend="italic">l</hi>.—Mr. Waddell told him that he held him responsible, inasmuch as he had had the stock in his care, and had kept the books for some time—the prisoner said nothing in reply, but he ultimately said, "I think, Mr. Wad
<lb/>dell, you are treating me in a very unfair way indeed, in putting me in this position before Mr. Ogan and Mr. Wainwright, when you know I have fre
<lb/>quently sold goods by your orders at the best prices that I could get"—Mr. Waddell made no reply whatever to him, and Mr. Wainwright and I then left—the prisoner referred to a stock-sheet, which had been taken on the 1st November that year, and that list was said to represent stock to the value of 600
<hi rend="italic">l</hi>.—on the stock being taken by myself, it was found only to amount to 300
<hi rend="italic">l</hi>. and some odd pounds—I said it would be much more satisfactory if that stock-list could be found, as any deficiency of stock could then be traced</p>
<xptr type="pageFacsimile" doc="186402010017"/>
<p>—Mr. Waddell directly said, "Well, Mr. Wood, you had that list; why don't you produce it?"—the prisoner replied, "I can't produce it, you know that; you told me yourself that you had stuffed it away, to prevent Mr. Ogan seeing it"—Mr. Waddell made no reply to that—Mr. Wainwright left the matter in my hands; I was a personal friend of his—I asked the prose
<lb/>cutor several times as to whether there had been any forced sales—he never said anything about the sales to Jones and Bonbam—I never heard the names mentioned.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. ORRIDGE</hi>.
<hi rend="italic">Q.</hi> Did you look over the books?
<hi rend="italic">A.</hi> I did; I did not examine them—I don't remember any inquiry about the entry of goods sold to Jones and Bonham to the amount of 12
<hi rend="italic">l</hi>.—I had never seen the prisoner till I saw him at Mr. Waddell's; they were both strangers to me—I went to a Mr. Levy on one occasion; the prisoner was there—the deficiency of 300
<hi rend="italic">l</hi>. was mentioned then—the prisoner said that what I reported he felt bound to believe to be correct, as he considered the accounts had been extracted in a very proper manner, or something to that effect—he admitted all along that he bad kept the accounts.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did the prisoner, at this conversation, state that he had paid money to the prosecutor which he had not entered in the books by his desire?
<hi rend="italic">A.</hi> No, nothing of that sort passed in my presence.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-19" type="witnessName">
<interp inst="t18640201-name-19" type="gender" value="male"/>
<interp inst="t18640201-name-19" type="surname" value="WAINWRIGHT"/>
<interp inst="t18640201-name-19" type="given" value="THOMAS"/>THOMAS WAINWRIGHT</persName> </hi>. I was the person for whom this property was being valued by Mr. Ogan—I was present at the White Hart—I heard the prisoner say that he had sold some goods, and that goods had been sold by auction in his name, and that he had sold goods at what he termed forced sales—I don't remember the conversation—I left the matter in the hands of Mr. Ogan.</p>
<hi rend="italic">Cross-examined. Q.</hi> When did you first enter into negotiations with Mr. Waddell?
<hi rend="italic">A.</hi> I think about the beginning of December—I went to his warehouse first to see what sort of business it was; that might have been about the latter end of October—I have not been negotiating for the business since Mr. Waddell's bankruptcy; I made him no offer—I did not offer him 800
<hi rend="italic">l</hi>. for it.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-20" type="witnessName">
<interp inst="t18640201-name-20" type="gender" value="indeterminate"/>
<interp inst="t18640201-name-20" type="surname" value="SHERER"/>
<interp inst="t18640201-name-20" type="given" value="NEWMAN"/>NEWMAN SHERER</persName> </hi>. I am a glass dealer, of 18, Finch-street, Whitechapel—I have been a customer of Mr. Waddell's many times—I have purchased goods of him almost every week, from him personally—sometimes when I have paid him he has put the money into his pocket; he made no entry while I remained—I have been there sometimes twice a day to buy goods, and always paid him; be always put the money into his pocket, and never gave me an invoice—he said, "Mr. Sherer does not want an invoice for his goods"—I have seen the prisoner there; I heard the prosecutor say to him, "Never mind about booking Mr. Sherer's invoices, he does not want any invoice for these goods"—the last time it was an amount of 2
<hi rend="italic">l</hi>., or something like that—I met him in Houndsditch, and he took me into his warehouse, and I bought two quantities of lustres of him; I generally used to buy job lots—I was with the prosecutor in Houndsditch on one occasion when the prisoner came out of Mr. Johnson's, and handed the prosecutor a paper, and said, "That is a cheque that I have received from Mr. Johnson"—Mr. Wad
<lb/>dell said, "If you are going to the office, don't book this cheque till you see me"—that was in the beginning of October; I don't know the day of the month.</p>
<hi rend="italic">Cross-examined. Q.</hi> Do you know Hancock, the detective?
<hi rend="italic">A.</hi> Yes—I had no conversation with him about the prisoner—I did not tell him that the prisoner was as great a scoundrel as ever lived—I did say so, but that was because I thought the prisoner had sold some goods to a customer of</p>
<xptr type="pageFacsimile" doc="186402010018"/>
<p>mine for 14
<hi rend="italic">l</hi>. that were worth 50
<hi rend="italic">l</hi>., but I found out afterwards it was Mr. Waddell—I am a dealer in glass—I bought some goods of Mr. Waddell, but chiefly damaged—I once asked Mr. Waddell to discount a bill of 12
<hi rend="italic">l</hi>. for me—he refused—I owed him 10
<hi rend="italic">s</hi>. for nine months—I always bought of Mr. Waddell—the prisoner never sold me goods without Mr. Waddell, because I always used to buy a good deal cheaper of Mr. Waddell—I buy of a good many foreign importers—I am not aware that Mr. Waddell was away from his business ill for five months—I used to go there nearly every week; some
<lb/>times I was in the country—I have missed Mr. Waddell at times—the prisoner used to send me away then, and said, "You say you can always buy cheaper of the governor"—I don't remember such a thing as Mr. Waddell staying away for five months.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">JAMES JOHNSON</hi>.
<hi rend="italic">Q.</hi> In what way did you pay the 18
<hi rend="italic">l</hi>.?
<hi rend="italic">A.</hi> By cheque—I should say the goods were supplied a few days before—I believe 5
<hi rend="italic">l</hi>. was paid on account, and very likely the other sums also.</p>
<rs id="t18640201-217-verdict-1" type="verdictDescription">
<interp inst="t18640201-217-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18640201-217-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>.—
<hi rend="italic">Strongly recommended to mercy on account of the way in which the business had been carried on.</hi> </rs>
<hi rend="italic">The prisoner was further charged with having been before convicted at this Court, on 22d October</hi>, 1860;
<hi rend="italic">to which he</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi>.—
<hi rend="italic">
<rs id="t18640201-217-punishment-2" type="punishmentDescription">
<interp inst="t18640201-217-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18640201-217-punishment-2" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-217-18640201 t18640201-217-punishment-2"/>Four Years' Penal Servitude.</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, February</hi> 1
<hi rend="italic">st</hi>, 1864.</p>
<hi rend="italic">Before Mr. Common-Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18640201-218">
<interp inst="t18640201-218" type="uri" value="sessionsPapers/18640201"/>
<interp inst="t18640201-218" type="date" value="18640201"/>
<join result="criminalCharge" id="t18640201-218-charge-1" targOrder="Y" targets="def1-218-18640201 t18640201-218-offence-1 t18640201-218-verdict-1"/>
<persName id="def1-218-18640201" type="defendantName">
<interp inst="def1-218-18640201" type="gender" value="female"/>
<interp inst="def1-218-18640201" type="age" value="34"/>
<interp inst="def1-218-18640201" type="surname" value="SMITH"/>
<interp inst="def1-218-18640201" type="given" value="ANN"/>
<hi rend="largeCaps">ANN SMITH</hi> (34)</persName>
<rs id="t18640201-218-offence-1" type="offenceDescription">
<interp inst="t18640201-218-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18640201-218-offence-1" type="offenceSubcategory" value="coiningOffences"/>, unlawfully uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MESSRS. CRAUFURD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">COLERIDGE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18640201-name-22" type="witnessName">
<interp inst="t18640201-name-22" type="gender" value="male"/>
<interp inst="t18640201-name-22" type="surname" value="PERRY"/>
<interp inst="t18640201-name-22" type="given" value="WILLIAM"/>WILLIAM PERRY</persName> </hi>. I keep a tobacconist's shop, 8, Bowling-street, West
<lb/>minster—on 2
<hi rend="italic">d</hi> November the prisoner came between 5 and 6 in the even
<lb/>ing, and asked for half an ounce of tobacco—she gave me a shilling—I gave her the tobacco and 101/2
<hi rend="italic">d</hi>. change, and laid the shilling on a shelf at the back of the counter—there was no other shilling there—she then turned away very quickly—I put the shilling to my mouth, bit it, and called out very loud, "Here,
<hi rend="italic">Missus</hi>, this is bad"—she was then on the door-step—she could have heard it; she took no notice, but went away—I was alone in the shop, and unable to follow her—I left the shilling on the shelf till my wife returned from the country, on the 6th, and then showed it to her—on 13th December, at a quarter before 10 in the evening the prisoner came again—I knew her directly I went into the shop—she asked for half an ounce of tobacco—I served her, and she gave me a shilling; I tried it with my teeth, and found it was bad—I said, "Look here, this is bad"—she said she was not aware of it—I said, "This is not the first time you have been here; you were here on the 2
<hi rend="italic">d</hi> of last month passing bad money," which she denied—I am sure she is the person who was there on the 2
<hi rend="italic">d</hi> November—I had not seen her in the interval; I knew her features well—she said she did not know it was bad, and asked me to give it her back, which I refused—I gave her into custody, with the shilling—the one I took on the 2
<hi rend="italic">d</hi> my wife put into the fire and it melted directly—there was another woman with the prisoner on the last occasion.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-23" type="witnessName">
<interp inst="t18640201-name-23" type="gender" value="female"/>
<interp inst="t18640201-name-23" type="surname" value="PERRY"/>
<interp inst="t18640201-name-23" type="given" value="ELIZA"/>ELIZA PERRY</persName> </hi>. I am the wife of the last witness—I was in the country on 2
<hi rend="italic">d</hi> November, and came back on 6th—my husband showed me a bad shil
<lb/>ling, which I afterwards threw into the fire; I saw it melt.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-24" type="witnessName">
<interp inst="t18640201-name-24" type="gender" value="male"/>
<interp inst="t18640201-name-24" type="surname" value="STENSON"/>
<interp inst="t18640201-name-24" type="given" value="EDWARD"/>EDWARD STENSON</persName> </hi> (
<hi rend="italic">Policeman, B</hi> 227). I took the prisoner at Mr. Perry's on 30th December, at 10 p.m.—I told her she was charged with uttering counter
<lb/>feit coin—she said she was not aware it was bad—she told me she lived at 24,</p>
<xptr type="pageFacsimile" doc="186402010019"/>
<p>Windmill-street, Golden-square—when before the Magistrate she said it was no use going there as it was a wrong address—the female searcher found three farthings on her—I received this bad shilling from Mr. Perry.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-25" type="witnessName">
<interp inst="t18640201-name-25" type="gender" value="male"/>
<interp inst="t18640201-name-25" type="surname" value="WEBSTER"/>
<interp inst="t18640201-name-25" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This is a bad shilling; the shilling put in the fire must have been bad if it melted instantly—it would run through in about a second.</p>
<hi rend="italic">Prisoner's Defence.</hi> I am not guilty of it.</p>
<hi rend="smallCaps">
<rs id="t18640201-218-verdict-1" type="verdictDescription">
<interp inst="t18640201-218-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18640201-218-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18640201-219">
<interp inst="t18640201-219" type="uri" value="sessionsPapers/18640201"/>
<interp inst="t18640201-219" type="date" value="18640201"/>
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<persName id="def1-219-18640201" type="defendantName">
<interp inst="def1-219-18640201" type="gender" value="male"/>
<interp inst="def1-219-18640201" type="age" value="21"/>
<interp inst="def1-219-18640201" type="surname" value="GRAY"/>
<interp inst="def1-219-18640201" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE GRAY</hi> (21)</persName>, was indicted
<rs id="t18640201-219-offence-1" type="offenceDescription">
<interp inst="t18640201-219-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18640201-219-offence-1" type="offenceSubcategory" value="coiningOffences"/>for a like offence.</rs> </p>
<hi rend="smallCaps">MESSRS. CRAUFURD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">COLERIDGE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18640201-name-27" type="witnessName">
<interp inst="t18640201-name-27" type="gender" value="male"/>
<interp inst="t18640201-name-27" type="surname" value="WICKERS"/>
<interp inst="t18640201-name-27" type="given" value="GEORGE"/>GEORGE WICKERS</persName> </hi>. I keep the Green Dragon, High-street, Poplar—on 31st December, a little after 7, the prisoner came for a pint of half-and-half—I drew it, and saw him put down a half-crown on the counter—I took it up, put it in my teeth, and bent it—I said, "How many more of these have you got?"—he opened the door and ran away, leaving the half-crown be
<lb/>hind him—I did not give him the beer—the constable came the next day, after the prisoner was given into custody, and I gave him the half-crown.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-28" type="witnessName">
<interp inst="t18640201-name-28" type="gender" value="female"/>
<interp inst="t18640201-name-28" type="surname" value="SIMS"/>
<interp inst="t18640201-name-28" type="given" value="SOPHIA"/>SOPHIA SIMS</persName> </hi>. I am barmaid to my uncle, who keeps the Ship, at Poplar; that is about half a mile from the Green Dragon—between 7 and 8 on the night of 31st December, the prisoner came in for a pint of beer, which was 2
<hi rend="italic">d</hi>.—he gave me a crown; I gave him the change—my uncle was present—I handed the crown to him; he said it was bad, and asked the prisoner where he got it—he said in Whitechapel, in change for half a sove
<lb/>reign—my uncle asked him where the rest of the change was, and he said he had spent it on the way—I went for a constable, and the prisoner was given in charge, with the crown.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-29" type="witnessName">
<interp inst="t18640201-name-29" type="gender" value="male"/>
<interp inst="t18640201-name-29" type="surname" value="GORDON"/>
<interp inst="t18640201-name-29" type="given" value="GEORGE"/>GEORGE GORDON</persName> </hi>. My niece has given a correct account of what passed—I gave the coin to the policeman.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-30" type="witnessName">
<interp inst="t18640201-name-30" type="gender" value="male"/>
<interp inst="t18640201-name-30" type="surname" value="ABBOTT"/>
<interp inst="t18640201-name-30" type="given" value="CHARLES"/>CHARLES ABBOTT</persName> </hi> (
<hi rend="italic">Policeman, K</hi> 322). I was called to Mr. Gordon's on 31st, and took the prisoner—I produce a crown, which I got from Mr. Gor
<lb/>don—the prisoner said he had received it in change of a half-sovereign at an eating-house in Whitechapel—I asked him at the station what he had done with the other money—he said, "I bought victuals with it"—no money was found on him—I afterwards received this half-crown from Mr. Wickers.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-31" type="witnessName">
<interp inst="t18640201-name-31" type="gender" value="male"/>
<interp inst="t18640201-name-31" type="surname" value="WEBSTER"/>
<interp inst="t18640201-name-31" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These coins are both bad.</p>
<hi rend="italic">Prisoner's Defence.</hi> I was not at the first house at all.</p>
<hi rend="smallCaps">
<rs id="t18640201-219-verdict-1" type="verdictDescription">
<interp inst="t18640201-219-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18640201-219-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18640201-219-punishment-3" type="punishmentDescription">
<interp inst="t18640201-219-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18640201-219-punishment-3" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-219-18640201 t18640201-219-punishment-3"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18640201-220">
<interp inst="t18640201-220" type="uri" value="sessionsPapers/18640201"/>
<interp inst="t18640201-220" type="date" value="18640201"/>
<join result="criminalCharge" id="t18640201-220-charge-1" targOrder="Y" targets="def1-220-18640201 t18640201-220-offence-1 t18640201-220-verdict-1"/>
<join result="criminalCharge" id="t18640201-220-charge-2" targOrder="Y" targets="def2-220-18640201 t18640201-220-offence-1 t18640201-220-verdict-2"/>
<persName id="def1-220-18640201" type="defendantName">
<interp inst="def1-220-18640201" type="gender" value="male"/>
<interp inst="def1-220-18640201" type="age" value="35"/>
<interp inst="def1-220-18640201" type="surname" value="BARON"/>
<interp inst="def1-220-18640201" type="given" value="LEWIS"/>
<hi rend="largeCaps">LEWIS BARON</hi> (35)</persName>, and
<persName id="def2-220-18640201" type="defendantName">
<interp inst="def2-220-18640201" type="gender" value="male"/>
<interp inst="def2-220-18640201" type="age" value="20"/>
<interp inst="def2-220-18640201" type="surname" value="BARTON"/>
<interp inst="def2-220-18640201" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE BARTON</hi> (20)</persName>, were in
<lb/>dicted for
<rs id="t18640201-220-offence-1" type="offenceDescription">
<interp inst="t18640201-220-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18640201-220-offence-1" type="offenceSubcategory" value="coiningOffences"/>a like offence; to which</rs> </p>
<hi rend="largeCaps">BARON</hi>
<hi rend="smallCaps">
<rs id="t18640201-220-verdict-1" type="verdictDescription">
<interp inst="t18640201-220-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18640201-220-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18640201-220-punishment-4" type="punishmentDescription">
<interp inst="t18640201-220-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18640201-220-punishment-4" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-220-18640201 t18640201-220-punishment-4"/>Confined Nine Months</rs>.</hi> </p>
<hi rend="smallCaps">MESSRS. CRAUFURD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">COLERIDGE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18640201-name-34" type="witnessName">
<interp inst="t18640201-name-34" type="gender" value="female"/>
<interp inst="t18640201-name-34" type="surname" value="CROXON"/>
<interp inst="t18640201-name-34" type="given" value="FANNY"/>FANNY CROXON</persName> </hi>. I manage the business at the King's Head, Fenchurch-street—on 6th June, between 3 and 4, the prisoner Baron came in and asked for three pennyworth of brandy—I served him, and he gave me a bad half-crown—I gave it to the waiter, Thomas, in the prisoners presence, and he had it cut in half, and brought it to me again, and I gave it back to Baron—he placed it in his waistcoat pocket, and paid me for the brandy in coppers—he made no remark—the cellarman followed him when he went out.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-35" type="witnessName">
<interp inst="t18640201-name-35" type="gender" value="male"/>
<interp inst="t18640201-name-35" type="surname" value="FREAME"/>
<interp inst="t18640201-name-35" type="given" value="EDWARD"/>EDWARD FREAME</persName> </hi>. I am cellarman at the King's Head, Fenchurch-street—I was there on 6th January, and saw Baron in front of the bar—I saw a</p>
<xptr type="pageFacsimile" doc="186402010020"/>
<p>bad coin cut and given to him back—I followed him out, and saw him cross the road—Billiter-street is about 100 or 150 yards from the King's Head—I saw the other prisoner cross Billiter-street to Baron—they came across Fenchurch-street together, to the top of London-street, then turned down another little street into Mark-lane, and stood talking to one another at the side of a watchmaker's shop—I saw a policeman at that time, and called his attention to them—they were some seconds talking together—I stood at the policeman's side, and allowed them to pass—I saw them go into a urinal, and after they came out the policeman took them into custody—from the place I first saw Barton, I should think he could see our public-house.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="largeCaps">MR</hi>.
<hi rend="smallCaps">MONTAGUE WILLIAMS</hi>.
<hi rend="italic">Q.</hi> Is it not the fact that Baron was proceeding down Billiter-street, and as he crossed the road he met Barton, in the middle of the road?
<hi rend="italic">A.</hi> No; one crossed to the other; they met on the pavement—our house is on the right-hand side as you come towards the station—Baron crossed over to the left, in Fenchurch-street, and Barton crossed over to the left in Billiter-street—he was on the right, and crossed over, and then they walked off together—I watched them from a jeweller's window—previous to their going to the urinal, I saw them moving something together.</p>
<hi rend="smallCaps">MR. CRAUFURD</hi>.
<hi rend="italic">Q.</hi> Is Billiter-street nearer the station than your house?
<hi rend="italic">A.</hi> Yes, a little—it was while they were in Mark-lane that something was being moved between them—I could not observe what it was.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-36" type="witnessName">
<interp inst="t18640201-name-36" type="gender" value="male"/>
<interp inst="t18640201-name-36" type="surname" value="ELLWOOD"/>
<interp inst="t18640201-name-36" type="given" value="JAMES"/>JAMES ELLWOOD</persName> </hi> (
<hi rend="italic">City-policeman</hi>, 519). I was on duty at the Railway
<lb/>station, Fenchurch-street, and in consequence of information, I watched the prisoners—I first saw them in London-street, about half-past 3, or a quarter to 4—they were in conversation, and I saw Barton pass a piece of paper to Baron, which he put in his side coat-pocket—they then came up out of London-street, towards the Railway-station, and passed me, into the urinal—I stoodoutside the door—they both came out together, and were making off past the station—I went after them, and took them into custody—I searched Baron and found on him 18
<hi rend="italic">s</hi>. in silver, good money, 1
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>. in copper, and seven bad half-crowns; five of them were wrapped up in paper, and these two were loose, one in one waistcoat pocket and the other in the other—I found the packet of five half-crowns in the coat pocket, in which I had seen him put something before—I found on Barton a florin and three penny pieces, good money—Baron gave a correct address—Barton said he had no fixed residence.</p>
<hi rend="italic">Cross-examined. Q.</hi> How far off were you when you say you saw Barton hand something to Baron?
<hi rend="italic">A.</hi> Not more than fifty yards—I did notfind a cigar on Barton or the other man—I searched them myself.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-37" type="witnessName">
<interp inst="t18640201-name-37" type="gender" value="male"/>
<interp inst="t18640201-name-37" type="surname" value="WEBSTER"/>
<interp inst="t18640201-name-37" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These half-crowns are all bad.</p>
<hi rend="largeCaps">BARTON</hi>
<hi rend="italic">received a good character.</hi></p>
<hi rend="smallCaps">
<rs id="t18640201-220-verdict-2" type="verdictDescription">
<interp inst="t18640201-220-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18640201-220-verdict-2" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18640201-221">
<interp inst="t18640201-221" type="uri" value="sessionsPapers/18640201"/>
<interp inst="t18640201-221" type="date" value="18640201"/>
<join result="criminalCharge" id="t18640201-221-charge-1" targOrder="Y" targets="def1-221-18640201 t18640201-221-offence-1 t18640201-221-verdict-1"/>
<persName id="def1-221-18640201" type="defendantName">
<interp inst="def1-221-18640201" type="gender" value="male"/>
<interp inst="def1-221-18640201" type="age" value="32"/>
<interp inst="def1-221-18640201" type="surname" value="WELCH"/>
<interp inst="def1-221-18640201" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES WELCH</hi> (32)</persName>, (
<hi rend="italic">a soldier</hi>), was indicted
<rs id="t18640201-221-offence-1" type="offenceDescription">
<interp inst="t18640201-221-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18640201-221-offence-1" type="offenceSubcategory" value="coiningOffences"/>for a like offence.</rs> </p>
<hi rend="smallCaps">MESSRS. CRAUFURD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">COLERIDGE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18640201-name-39" type="witnessName">
<interp inst="t18640201-name-39" type="gender" value="female"/>
<interp inst="t18640201-name-39" type="surname" value="DUNLET"/>
<interp inst="t18640201-name-39" type="given" value="ELIZABETH"/>ELIZABETH DUNLET</persName> </hi>. I assist my brother, a tobacconist, of 6, Little Smith-street, Westminster—on Thursday, 7th September, the prisoner came and asked for half an ounce of tobacco, which came to three halfpence—he tendered me a half-crown—I gave him the change, and he left—I put it on a table, where there were no other half-crowns—I afterwards tried it in the detector, and it bent—I then put it on one side in a saucer, which I put into a cupboard, and eventually gave it to a policeman—on 19th December, about 3 o'clock, the prisoner came again, and I recognised him—he asked</p>
<xptr type="pageFacsimile" doc="186402010021"/>
<p>for half an ounce of twist tobacco, and gave me a shilling—I asked him if it was good—he said that he hoped it was—I tried it in the detector, and it broke—I gave him the largest piece, and kept the small piece, but have since lost it—he said that his old woman had given it to him, and left the shop—I did not see him again till he was in custody—I have no doubt he is the man.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-40" type="witnessName">
<interp inst="t18640201-name-40" type="gender" value="female"/>
<interp inst="t18640201-name-40" type="surname" value="JOHNSON"/>
<interp inst="t18640201-name-40" type="given" value="ELLEN"/>ELLEN JOHNSON</persName> </hi>. My brother keeps a tobacconist's shop in Rochester-row—I was serving there in December, between 2 and 3 o'clock, when the prisoner came in for an ounce of thick twist, which came to four pence—he tendered me a half-crown—I saw that it was bad, and bent it in the detector—I then put it in again, and took a piece out of it—he said that he got it at Mr. Morriss's, a tea grocer, in the Broadway—there is a Mr. Morriss there—he told me not to put the tobacco in the drawer, for he would go back and get the money from the man at the hospital-gate, but he never came back—he was in uniform.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-41" type="witnessName">
<interp inst="t18640201-name-41" type="gender" value="male"/>
<interp inst="t18640201-name-41" type="surname" value="THEOBALD"/>
<interp inst="t18640201-name-41" type="given" value="WILLIAM"/>WILLIAM THEOBALD</persName> </hi>. I am assistant to George Morriss, grocer and tea dealer, of 3, Chapel-street, Westminster—on 23
<hi rend="italic">d</hi> December, between half-past 4 and 5, the prisoner came in, and I saw Thomas Wyborne, another assistant, serve him with half an ounce of tobacco—he threw down a shilling, which bounced on to the floor—the prisoner picked it up, I believe, and it was put on the counter—I took it up, gave him 101/2
<hi rend="italic">d</hi>. change, and he left—I put the shilling in the till—there was some small change there; I do not know what—shortly afterwards I went to the till; I had not put any other shillings in since; I found a shilling on the top of the small change, and there was no other shilling there—I took it out and placed it on the shelf—half an hour afterwards, the prisoner came in again, in uniform, and asked me whether I had given him half an ounce before, or two half ounces—I said, "Half an ounce," and that he had the change correct—he then tendered me a bad shilling, which I discovered at the time, and spoke to my em
<lb/>ployer, in the prisoner's presence, stating that he had passed one previously and had come to pass another—he said that he knew nothing about it; some one had given it to him at the Tons, and he would go and get good money for it—my employer asked him his name—he said, "James Morriss, of the Coldstream Guards, Wellington barracks"—he left, and I sent Randle to watch him—I put the second shilling on the shelf, with the other, and afterwards marked them, and gave them to the policeman—the prisoner did not come the next day, but he did the day after, and paid 101/2
<hi rend="italic">d</hi>. in good money, for the first shilling he had passed—he was not detained.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-42" type="witnessName">
<interp inst="t18640201-name-42" type="gender" value="male"/>
<interp inst="t18640201-name-42" type="surname" value="KING"/>
<interp inst="t18640201-name-42" type="given" value="MICHAEL"/>MICHAEL KING</persName> </hi> (
<hi rend="italic">Policeman, A</hi> 287). On 29th December, I went to St. George's barracks, with Theobald—the Cold stream Guards were there, and he identified the prisoner—I took him in charge—he said nothing—I found on him 6
<hi rend="italic">d</hi>., 4
<hi rend="italic">d</hi>., and some halfpence—I received these two shillings from Theobald, and this half-crown from Duncan.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-43" type="witnessName">
<interp inst="t18640201-name-43" type="gender" value="male"/>
<interp inst="t18640201-name-43" type="surname" value="RACKLEY"/>
<interp inst="t18640201-name-43" type="given" value="JOHN"/>JOHN RACKLEY</persName> </hi>. I am serjeant of the first battalion of Grenadier Guards, quartered at St. George's barracks, London, for the last three months—the prisoner is one of my battalion—we were all there in December.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-44" type="witnessName">
<interp inst="t18640201-name-44" type="gender" value="male"/>
<interp inst="t18640201-name-44" type="surname" value="WEBSTER"/>
<interp inst="t18640201-name-44" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These coins are all bad, and the two shillings are from the same mould.</p>
<hi rend="italic">Prisoner's Defence.</hi> The money was given to me; I was not aware that it was bad; I went back on the 3
<hi rend="italic">d</hi> with the half-crown; I was not appre
<lb/>hended till a week after.</p>
<hi rend="smallCaps">
<rs id="t18640201-221-verdict-1" type="verdictDescription">
<interp inst="t18640201-221-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18640201-221-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs>.*</hi>
<hi rend="italic">
<rs id="t18640201-221-punishment-5" type="punishmentDescription">
<interp inst="t18640201-221-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18640201-221-punishment-5" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-221-18640201 t18640201-221-punishment-5"/>Confined Eighteen Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18640201-222">
<interp inst="t18640201-222" type="uri" value="sessionsPapers/18640201"/>
<interp inst="t18640201-222" type="date" value="18640201"/>
<join result="criminalCharge" id="t18640201-222-charge-1" targOrder="Y" targets="def1-222-18640201 t18640201-222-offence-1 t18640201-222-verdict-1"/>
<join result="criminalCharge" id="t18640201-222-charge-2" targOrder="Y" targets="def2-222-18640201 t18640201-222-offence-1 t18640201-222-verdict-2"/>
<xptr type="pageFacsimile" doc="186402010022"/>
<persName id="def1-222-18640201" type="defendantName">
<interp inst="def1-222-18640201" type="gender" value="female"/>
<interp inst="def1-222-18640201" type="age" value="28"/>
<interp inst="def1-222-18640201" type="surname" value="RAMSAY"/>
<interp inst="def1-222-18640201" type="given" value="MARY"/>
<hi rend="largeCaps">MARY RAMSAY</hi> (28)</persName>, and
<persName id="def2-222-18640201" type="defendantName">
<interp inst="def2-222-18640201" type="gender" value="female"/>
<interp inst="def2-222-18640201" type="age" value="20"/>
<interp inst="def2-222-18640201" type="surname" value="LEE"/>
<interp inst="def2-222-18640201" type="given" value="ANN"/>
<hi rend="largeCaps">ANN LEE</hi> (20)</persName>, were indicted for
<rs id="t18640201-222-offence-1" type="offenceDescription">
<interp inst="t18640201-222-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18640201-222-offence-1" type="offenceSubcategory" value="coiningOffences"/> a like offence;</rs> to which</p>
<hi rend="largeCaps">RAMSAY</hi>
<hi rend="smallCaps">
<rs id="t18640201-222-verdict-1" type="verdictDescription">
<interp inst="t18640201-222-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18640201-222-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18640201-222-punishment-6" type="punishmentDescription">
<interp inst="t18640201-222-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18640201-222-punishment-6" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-222-18640201 t18640201-222-punishment-6"/>Confined Nine Months</rs>.</hi> </p>
<hi rend="smallCaps">MESSRS. CRAUFURD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">COLERIDGE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18640201-name-47" type="witnessName">
<interp inst="t18640201-name-47" type="gender" value="female"/>
<interp inst="t18640201-name-47" type="surname" value="WARD"/>
<interp inst="t18640201-name-47" type="given" value="SARAH"/>SARAH WARD</persName> </hi>. I keep a haberdasher's shop in Edward-street, Soho—on 11th January, Ramsay came in for a cap-front, which came to 23/4
<hi rend="italic">d</hi>.—she gave me a half-crown—I gave her change, and held it in my hand till she was gone, when I found it was bad—I broke it in two, and gave the largest piece to the policeman.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-48" type="witnessName">
<interp inst="t18640201-name-48" type="gender" value="female"/>
<interp inst="t18640201-name-48" type="surname" value="DONALDSON"/>
<interp inst="t18640201-name-48" type="given" value="EMMA"/>EMMA DONALDSON</persName> </hi>. I am assistant in the shop of Mr. Harriss, a jeweller, of the Edgware-road—on 11th January, between 3 and 4 o'clock, Lee came and asked for a toy cap out of the window; it came to 21/2
<hi rend="italic">d</hi>.—she gave me a half-crown—I gave her the change, and she left—I placed the half-crown on the desk by itself, and afterwards gave it to the policeman—about 5 o'clock, Ramsay came in and pointed to a teetotum in the window, which came to 6
<hi rend="italic">d</hi>.—she gave me a half-crown—I tried it with my teeth, and took it next door to Mr. Chick, a silversmith, who broke it in trying it—I came back with the pieces, and gave them to Ramsay, who left the shop saying, "Oh, it is bad I see"—my master came back with me—I did not observe Lee outside the shop.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-49" type="witnessName">
<interp inst="t18640201-name-49" type="gender" value="male"/>
<interp inst="t18640201-name-49" type="surname" value="HALSEY"/>
<interp inst="t18640201-name-49" type="given" value="DANIEL"/>DANIEL HALSEY</persName> </hi>. I am a jeweller and fancy dealer, of 10, Edgware-road—on 11th January, I was in the shop next door, which is a jeweller's, when the last witness came in—I then went out and saw Lee, but before that I saw the half-crown tried and broke in half—I went back to my shop, and saw Ramsay—I asked her where she got the half-crown, which was thrown on the counter before her—she said that she was sent with it from some one in the side street—I saw her go out—she joined Lee, and they went away talking together—I followed them for twenty minutes or half an hour, and saw Ramsay go into the shop of Mr. Smith in the Edgware-road, while Lee waited outside—I saw a coin presented, and went in and asked Mr. Smith if he had got a counterfeit coin—he said, yes he had just broken it—I said to Ramsay," Have you got another one that you have been sent with from the side street?"—she denied all knowledge of me; and was given in charge—I went to the station with her, and while there Lee came to ask about her friend, who she supposed had been locked np—I pointed her out to the inspector, and she was given in custody.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-50" type="witnessName">
<interp inst="t18640201-name-50" type="gender" value="male"/>
<interp inst="t18640201-name-50" type="surname" value="SMITH"/>
<interp inst="t18640201-name-50" type="given" value="RICHARD"/>RICHARD SMITH</persName> </hi>. I am a draper, of 16, Edgware-road—on 11th January, about a quarter to 5, Ramsay came in for a small victorine, which came to 71/2
<hi rend="italic">d</hi>.—she offered me a half-crown—my assistant took it up, and put it at the top of the till by itself—I never lost sight of it—I took it up and broke it in two, and while I was doing so, Halsey came in, and the prisoner was given in custody—I saw nothing of Lee.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-51" type="witnessName">
<interp inst="t18640201-name-51" type="gender" value="male"/>
<interp inst="t18640201-name-51" type="surname" value="MARSHALL"/>
<interp inst="t18640201-name-51" type="given" value="JAMES"/>JAMES MARSHALL</persName> </hi> (
<hi rend="italic">Policeman, D</hi> 53). Mr. Smith gave Ramsay into my custody with this counterfeit half-crown—Lee afterwards came to the station and asked if a friend of hers had been locked up from the Edgware-road—I took her into the charge-room and Mr. Halsey identified her, and gave her in charge—she had a muff in which was a small cap-front with the address, Miss Ward, Edward-street, Soho, also a packet of needles—Miss Donaldson gave me this toy-cap, and this half-crown.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-52" type="witnessName">
<interp inst="t18640201-name-52" type="gender" value="female"/>
<interp inst="t18640201-name-52" type="surname" value="WARD"/>
<interp inst="t18640201-name-52" type="given" value="SARAH"/>SARAH WARD</persName> </hi> (
<hi rend="italic">re-examined.</hi>) This is the cap I sold to Ramsay.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-53" type="witnessName">
<interp inst="t18640201-name-53" type="gender" value="female"/>
<interp inst="t18640201-name-53" type="surname" value="DONALDSON"/>
<interp inst="t18640201-name-53" type="given" value="EMMA"/>EMMA DONALDSON</persName> </hi> (
<hi rend="italic">re-examined.</hi>) This is the toy-cap I sold to Lee.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-54" type="witnessName">
<interp inst="t18640201-name-54" type="gender" value="female"/>
<interp inst="t18640201-name-54" type="surname" value="CHAPLAIN"/>
<interp inst="t18640201-name-54" type="given" value="MARGARET"/>MARGARET CHAPLAIN</persName> </hi>. I searched Ramsay on 11th January, and found this toy cap, 6
<hi rend="italic">d</hi>., and four good halfpence—I searched Lee, but found nothing on her.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-55" type="witnessName">
<interp inst="t18640201-name-55" type="gender" value="male"/>
<interp inst="t18640201-name-55" type="surname" value="WEBSTER"/>
<interp inst="t18640201-name-55" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These coins are bad—two of them are from one mould.</p>
<xptr type="pageFacsimile" doc="186402010023"/>
<hi rend="italic">Lee's Defence.</hi> I asked if Charlotte Baker was locked up at the station, and described her; they said, "No;" I was going away, and a gentleman said, "I saw you in the Edgware-road," and looked me up.</p>
<hi rend="largeCaps">LEE</hi>.—
<hi rend="smallCaps">
<rs id="t18640201-222-verdict-2" type="verdictDescription">
<interp inst="t18640201-222-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18640201-222-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18640201-222-punishment-7" type="punishmentDescription">
<interp inst="t18640201-222-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18640201-222-punishment-7" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-222-18640201 t18640201-222-punishment-7"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18640201-223">
<interp inst="t18640201-223" type="uri" value="sessionsPapers/18640201"/>
<interp inst="t18640201-223" type="date" value="18640201"/>
<join result="criminalCharge" id="t18640201-223-charge-1" targOrder="Y" targets="def1-223-18640201 t18640201-223-offence-1 t18640201-223-verdict-2"/>
<join result="criminalCharge" id="t18640201-223-charge-2" targOrder="Y" targets="def2-223-18640201 t18640201-223-offence-1 t18640201-223-verdict-1"/>
<persName id="def1-223-18640201" type="defendantName">
<interp inst="def1-223-18640201" type="gender" value="male"/>
<interp inst="def1-223-18640201" type="age" value="44"/>
<interp inst="def1-223-18640201" type="surname" value="WILLIAMS"/>
<interp inst="def1-223-18640201" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY WILLIAMS</hi> (44)</persName>, and
<persName id="def2-223-18640201" type="defendantName">
<interp inst="def2-223-18640201" type="gender" value="male"/>
<interp inst="def2-223-18640201" type="age" value="22"/>
<interp inst="def2-223-18640201" type="surname" value="WARD"/>
<interp inst="def2-223-18640201" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN WARD</hi> (22)</persName>, were indicted for
<rs id="t18640201-223-offence-1" type="offenceDescription">
<interp inst="t18640201-223-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18640201-223-offence-1" type="offenceSubcategory" value="coiningOffences"/>a like offence.</rs> </p>
<hi rend="smallCaps">MESSRS. CRAUFUED</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">COLERIDGE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18640201-name-58" type="witnessName">
<interp inst="t18640201-name-58" type="gender" value="female"/>
<interp inst="t18640201-name-58" type="surname" value="HARDINGHAM"/>
<interp inst="t18640201-name-58" type="given" value="MATILDA"/>MATILDA HARDINGHAM</persName> </hi>. I live at Land-end-place, Fulham—on 24th January, Ward came into my shop for half an ounce of tobacco, and a short pipe—he offered me a bad florin—I said, "Have you nothing better than this; this does not suit me"—he gave me a good half-crown, and I gave him the change—I instructed Foster to follow him.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COOPER</hi>
<hi rend="italic">Q.</hi> What time did this happen?
<hi rend="italic">A.</hi> About 6 o'clock in the evening—I had a gas-light—all I can say is, that the coin was bad by the feel of it—I am convinced it was bad—it was a Victoria florin—I do not think I could take a bad coin.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-59" type="witnessName">
<interp inst="t18640201-name-59" type="gender" value="male"/>
<interp inst="t18640201-name-59" type="surname" value="FOSTER"/>
<interp inst="t18640201-name-59" type="given" value="CHARLES"/>CHARLES FOSTER</persName> </hi>. I saw Ward come into the shop, and receive some change—I followed him out—he stood at the door about three minutes,—Williams then came round the corner, about twenty yards off, and Ward joined him—they walked together about fifty yards down a lane—I heard them talking, and followed them to a cook's window, where they appeared to be sorting some money at the gas-light—they were there three or four minutes, and then went twenty-four or twenty-five yards, and Ward went under a wall where he was for about five minutes—Williams then went, and Ward passed twice into Mr. Pearson's, the Imperial Arms—he then went in, and Williams went to the other side of the road and looked across at the house—I waited till Ward came out—he then crossed to Williams, and I went into the Imperial Arms, said something to Mr. Pearson, and then followed them again, and pointed them out to a policeman, who took them in custody right opposite the station.</p>
<hi rend="italic">Cross-examined. Q.</hi> Are you quite sure Williams is the person you saw?
<hi rend="italic">A.</hi> Yes; I had never seen him before—I was close to him, and touched him as I passed.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-60" type="witnessName">
<interp inst="t18640201-name-60" type="gender" value="female"/>
<interp inst="t18640201-name-60" type="surname" value="DOBEE"/>
<interp inst="t18640201-name-60" type="given" value="MARY JANE"/>MARY JANE DOBEE</persName> </hi>. I live with my uncle, Mr. Pearson, who keeps the Imperial Arms, Stanley-bridge, Fulham—on 23
<hi rend="italic">d</hi> January, about a quarter to 7, Ward came in for half an ounce of tobacco and a short pipe—he gave me a florin which I put in the till; there was no other florin there—I gave him change, and directly he was gone Foster came in and spoke to my uncle—I went to the till and took out the florin.</p>
<hi rend="italic">Cross-examined. Q.</hi> What money was in the till?
<hi rend="italic">A.</hi> A half-crown and some sixpences only.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-61" type="witnessName">
<interp inst="t18640201-name-61" type="gender" value="male"/>
<interp inst="t18640201-name-61" type="surname" value="PEARSON"/>
<interp inst="t18640201-name-61" type="given" value="JOSEPH"/>JOSEPH PEARSON</persName> </hi>. I keep the Imperial Arms—I was there when Ward came in, but did not see him—Foster spoke to me, and the little girl went to one till, and I went to the other and found a bad florin, which I gave to the police-sergeant.</p>
<hi rend="italic">Prisoner. Q.</hi> Did not you say at the police-court that after you took it out of the till you handed it to somebody else?
<hi rend="italic">A.</hi> No; I placed it on the mantel-piece, and took it from there to give to the policeman the same night.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-62" type="witnessName">
<interp inst="t18640201-name-62" type="gender" value="female"/>
<interp inst="t18640201-name-62" type="surname" value="STEPHENSON"/>
<interp inst="t18640201-name-62" type="given" value="HARRIETT"/>HARRIETT STEPHENSON</persName> </hi>. I am the wife of John Stephenson, a tobacconist, of 1, Maxwell-terrace, Fulham—on 23
<hi rend="italic">d</hi> January, Ward came in for some tobacco, and tendered me a florin—I said I did not like the look of it; it</p>
<xptr type="pageFacsimile" doc="186402010024"/>
<p>looked too bright—he said that it was a new one—I put it in the till, and looked at it with another which was much duller than the one I had taken—there were only those two florins there—I gave him change and he left—I took the half-crowns and florins out of the till shortly afterwards, put them in a little box, and put smaller change in the till—I gave the bright florin to Sergeant Ayres the same night—I am sure the prisoner is the person.</p>
<hi rend="italic">Cross-examined. Q.</hi> Had you ever seen him before?
<hi rend="italic">A.</hi> No; I know him by his beard and his height.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-63" type="witnessName">
<interp inst="t18640201-name-63" type="gender" value="male"/>
<interp inst="t18640201-name-63" type="surname" value="AYRE"/>
<interp inst="t18640201-name-63" type="given" value="WILLIAM"/>WILLIAM AYRE</persName> </hi> (
<hi rend="italic">Police-sergeant, V</hi> 28). Foster called my attention to the men, and I took Williams close to the police-station—there are some steps going up to the station, and an area to the right; as I was taking him up the steps he threw away a small parcel tied up in white paper, which he took from his left trouser's pocket—I endeavored to catch it, but could not, and it fell into the left-hand area—it sounded like money—he then took his hand from his right pocket, and threw a bundle into the right-hand area it fell with a dull sound—I gave him in charge, went into the left area, and found this paper parcel containing six bad florins, and a foot or two off another florin—I searched Williams, and found eleven shillings, three six
<lb/>pences, two groats, a three penny-piece, and twenty-one pence and halfpence, all good; ten half-ounce packages of tobacco, a packet of sweets, a knife, a key, and a handkerchief—I received this counterfeit from Mr. Pearson, and this other from Mrs. Stephenson.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COOPER</hi>.
<hi rend="italic">Q.</hi> Did Williams come from America about October last?
<hi rend="italic">A.</hi> I do not know—he refused to give his address.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-64" type="witnessName">
<interp inst="t18640201-name-64" type="gender" value="male"/>
<interp inst="t18640201-name-64" type="surname" value="FAULKENER"/>
<interp inst="t18640201-name-64" type="given" value="MATTHEW"/>MATTHEW FAULKENER</persName> </hi> (
<hi rend="italic">Policeman, V</hi> 396). I examined a coal-cellar on the right side of the police-station on 23
<hi rend="italic">d</hi> January, and found three parcels wrapped in separate papers in this handkerchief, one containing nine shillings, one eight shillings, and one a florin, all counterfeit.</p>
<hi rend="italic">Cross-examined. Q.</hi> Would the area on the right-hand side be on the left
<lb/>hand of a man going into the house?
<hi rend="italic">A.</hi> Yes; I was going out, and it was on my right—it would be on the left of a man who was being taken up the steps.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-65" type="witnessName">
<interp inst="t18640201-name-65" type="gender" value="male"/>
<interp inst="t18640201-name-65" type="surname" value="BAKER"/>
<interp inst="t18640201-name-65" type="given" value="WILLIAM"/>WILLIAM BAKER</persName> </hi> (
<hi rend="italic">Policeman, V</hi> 106). I took Ward, and saw Eyres take Williams—I walked behind, and saw Williams put his hand into his right trouser's pocket, and before I could get hold of it, he threw a handker
<lb/>chief from his right hand into the area—I did not see the paper parcel, but I heard something which sounded like money, and said to the sergeant, "He has thrown something over the area"—he threw it to the right area going up towards the coal-cellar door—I found on Ward two good florins.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-66" type="witnessName">
<interp inst="t18640201-name-66" type="gender" value="male"/>
<interp inst="t18640201-name-66" type="surname" value="WEBSTER"/>
<interp inst="t18640201-name-66" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. The two florins uttered are bad, and from the same mould—here are seven other florins, six are from the same mould as the former two—these seventeen shillings in the handkerchief are bad.</p>
<hi rend="italic">Ward's Defence.</hi> As to the tobacco, I never went into the shop, and do no not know where it is; I acknowledge going into the other shop, but did not know that the coin was bad, or that Williams had bad coin on him.</p>
<hi rend="largeCaps">WARD</hi>
<hi rend="smallCaps">
<rs id="t18640201-223-verdict-1" type="verdictDescription">
<interp inst="t18640201-223-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18640201-223-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.*—
<hi rend="italic">
<rs id="t18640201-223-punishment-8" type="punishmentDescription">
<interp inst="t18640201-223-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18640201-223-punishment-8" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-223-18640201 t18640201-223-punishment-8"/>Confined Eighteen Months</rs>.</hi> </p>
<hi rend="largeCaps">WILLIAMS</hi>
<hi rend="smallCaps">
<rs id="t18640201-223-verdict-2" type="verdictDescription">
<interp inst="t18640201-223-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18640201-223-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18640201-223-punishment-9" type="punishmentDescription">
<interp inst="t18640201-223-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18640201-223-punishment-9" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-223-18640201 t18640201-223-punishment-9"/>Confined Eighteen Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18640201-224">
<interp inst="t18640201-224" type="uri" value="sessionsPapers/18640201"/>
<interp inst="t18640201-224" type="date" value="18640201"/>
<join result="criminalCharge" id="t18640201-224-charge-1" targOrder="Y" targets="def1-224-18640201 t18640201-224-offence-1 t18640201-224-verdict-1"/>
<persName id="def1-224-18640201" type="defendantName">
<interp inst="def1-224-18640201" type="gender" value="male"/>
<interp inst="def1-224-18640201" type="age" value="29"/>
<interp inst="def1-224-18640201" type="surname" value="DEVON"/>
<interp inst="def1-224-18640201" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM DEVON</hi> (29)</persName>,
<hi rend="smallCaps">
<rs id="t18640201-224-verdict-1" type="verdictDescription">
<interp inst="t18640201-224-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18640201-224-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18640201-224-offence-1" type="offenceDescription">
<interp inst="t18640201-224-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18640201-224-offence-1" type="offenceSubcategory" value="coiningOffences"/>to a like offence.—</rs>
<hi rend="italic">
<rs id="t18640201-224-punishment-10" type="punishmentDescription">
<interp inst="t18640201-224-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18640201-224-punishment-10" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-224-18640201 t18640201-224-punishment-10"/>Five Years' Penal Servitude.</rs> </hi> </p> </div1>
<hi rend="italic">The following prisoners also</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi>:—</p>
<div1 type="trialAccount" id="t18640201-225">
<interp inst="t18640201-225" type="uri" value="sessionsPapers/18640201"/>
<interp inst="t18640201-225" type="date" value="18640201"/>
<join result="criminalCharge" id="t18640201-225-charge-1" targOrder="Y" targets="def1-225-18640201 t18640201-225-offence-1 t18640201-225-verdict-1"/>
<persName id="def1-225-18640201" type="defendantName">
<interp inst="def1-225-18640201" type="gender" value="male"/>
<interp inst="def1-225-18640201" type="age" value="22"/>
<interp inst="def1-225-18640201" type="surname" value="TAPP"/>
<interp inst="def1-225-18640201" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY TAPP</hi> (22)</persName>
<rs id="t18640201-225-offence-1" type="offenceDescription">
<interp inst="t18640201-225-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18640201-225-offence-1" type="offenceSubcategory" value="embezzlement"/>, to embezzling the sum of 16
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>. the moneys of
<persName id="t18640201-name-69" type="victimName">
<interp inst="t18640201-name-69" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18640201-225-offence-1 t18640201-name-69"/>the Electric and International Telegraph Company</persName>, who</rs> </p>
<rs id="t18640201-225-verdict-1" type="verdictDescription">
<interp inst="t18640201-225-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18640201-225-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image.] recommended him to mercy.</rs>
<rs id="t18640201-225-punishment-11" type="punishmentDescription">
<interp inst="t18640201-225-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18640201-225-punishment-11" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-225-18640201 t18640201-225-punishment-11"/>
<hi rend="italic">Confined Six Months.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18640201-226">
<interp inst="t18640201-226" type="uri" value="sessionsPapers/18640201"/>
<interp inst="t18640201-226" type="date" value="18640201"/>
<join result="criminalCharge" id="t18640201-226-charge-1" targOrder="Y" targets="def1-226-18640201 t18640201-226-offence-1 t18640201-226-verdict-1"/>
<xptr type="pageFacsimile" doc="186402010025"/>
<persName id="def1-226-18640201" type="defendantName">
<interp inst="def1-226-18640201" type="gender" value="male"/>
<interp inst="def1-226-18640201" type="age" value="23"/>
<interp inst="def1-226-18640201" type="surname" value="OFFICER"/>
<interp inst="def1-226-18640201" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN OFFICER</hi> (23)</persName>
<rs id="t18640201-226-offence-1" type="offenceDescription">
<interp inst="t18640201-226-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18640201-226-offence-1" type="offenceSubcategory" value="embezzlement"/>, to embezzling 5
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., and 43
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. the moneys of
<persName id="t18640201-name-71" type="victimName">
<interp inst="t18640201-name-71" type="gender" value="male"/>
<interp inst="t18640201-name-71" type="surname" value="TEMPLETON"/>
<interp inst="t18640201-name-71" type="given" value="ARCHIBALD"/>
<join result="offenceVictim" targOrder="Y" targets="t18640201-226-offence-1 t18640201-name-71"/>Archibald Templeton</persName> and others,</rs>
<rs id="t18640201-226-verdict-1" type="verdictDescription">
<interp inst="t18640201-226-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18640201-226-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image.] who recommended him to mercy.</rs>
<rs id="t18640201-226-punishment-12" type="punishmentDescription">
<interp inst="t18640201-226-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18640201-226-punishment-12" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-226-18640201 t18640201-226-punishment-12"/>
<hi rend="italic">Confined Eighteen Months.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18640201-227">
<interp inst="t18640201-227" type="uri" value="sessionsPapers/18640201"/>
<interp inst="t18640201-227" type="date" value="18640201"/>
<join result="criminalCharge" id="t18640201-227-charge-1" targOrder="Y" targets="def1-227-18640201 t18640201-227-offence-1 t18640201-227-verdict-1"/>
<persName id="def1-227-18640201" type="defendantName">
<interp inst="def1-227-18640201" type="gender" value="male"/>
<interp inst="def1-227-18640201" type="age" value="27"/>
<interp inst="def1-227-18640201" type="surname" value="ALBERTI"/>
<interp inst="def1-227-18640201" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES ALBERTI</hi> (27)</persName>
<rs id="t18640201-227-offence-1" type="offenceDescription">
<interp inst="t18640201-227-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18640201-227-offence-1" type="offenceSubcategory" value="forgery"/>, to feloniously forging and uttering an order for the payment of 94
<hi rend="italic">l</hi>. and an order for the payment of 214
<hi rend="italic">l</hi>.—</rs>
<rs id="t18640201-227-verdict-1" type="verdictDescription">
<interp inst="t18640201-227-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18640201-227-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image.]</rs>
<rs id="t18640201-227-punishment-13" type="punishmentDescription">
<interp inst="t18640201-227-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18640201-227-punishment-13" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-227-18640201 t18640201-227-punishment-13"/>
<hi rend="italic">Five Years' Penal Servitude.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18640201-228">
<interp inst="t18640201-228" type="uri" value="sessionsPapers/18640201"/>
<interp inst="t18640201-228" type="date" value="18640201"/>
<join result="criminalCharge" id="t18640201-228-charge-1" targOrder="Y" targets="def1-228-18640201 t18640201-228-offence-1 t18640201-228-verdict-1"/>
<persName id="def1-228-18640201" type="defendantName">
<interp inst="def1-228-18640201" type="gender" value="male"/>
<interp inst="def1-228-18640201" type="age" value="18"/>
<interp inst="def1-228-18640201" type="surname" value="WHITE"/>
<interp inst="def1-228-18640201" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY WHITE</hi> (18)</persName>
<rs id="t18640201-228-offence-1" type="offenceDescription">
<interp inst="t18640201-228-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18640201-228-offence-1" type="offenceSubcategory" value="robbery"/>, to a robbery on
<persName id="t18640201-name-74" type="victimName">
<interp inst="t18640201-name-74" type="gender" value="female"/>
<interp inst="t18640201-name-74" type="surname" value="HAWKINS"/>
<interp inst="t18640201-name-74" type="given" value="MARTHA"/>
<join result="offenceVictim" targOrder="Y" targets="t18640201-228-offence-1 t18640201-name-74"/>Martha Hawkins</persName>, and stealing her purse and 14
<hi rend="italic">s</hi>.—</rs>
<rs id="t18640201-228-verdict-1" type="verdictDescription">
<interp inst="t18640201-228-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18640201-228-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image.]</rs>
<rs id="t18640201-228-punishment-14" type="punishmentDescription">
<interp inst="t18640201-228-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18640201-228-punishment-14" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-228-18640201 t18640201-228-punishment-14"/>
<hi rend="italic">Confined Fifteen Months.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18640201-229">
<interp inst="t18640201-229" type="uri" value="sessionsPapers/18640201"/>
<interp inst="t18640201-229" type="date" value="18640201"/>
<join result="criminalCharge" id="t18640201-229-charge-1" targOrder="Y" targets="def1-229-18640201 t18640201-229-offence-1 t18640201-229-verdict-1"/>
<join result="criminalCharge" id="t18640201-229-charge-2" targOrder="Y" targets="def2-229-18640201 t18640201-229-offence-1 t18640201-229-verdict-2"/>
<persName id="def1-229-18640201" type="defendantName">
<interp inst="def1-229-18640201" type="gender" value="male"/>
<interp inst="def1-229-18640201" type="age" value="15"/>
<interp inst="def1-229-18640201" type="surname" value="COOK"/>
<interp inst="def1-229-18640201" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM COOK</hi> (15)</persName>, and
<persName id="def2-229-18640201" type="defendantName">
<interp inst="def2-229-18640201" type="gender" value="male"/>
<interp inst="def2-229-18640201" type="age" value="14"/>
<interp inst="def2-229-18640201" type="surname" value="MORRISS"/>
<interp inst="def2-229-18640201" type="given" value="LEWIS"/>
<hi rend="largeCaps">LEWIS MORRISS</hi> (14)</persName>
<rs id="t18640201-229-offence-1" type="offenceDescription">
<interp inst="t18640201-229-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18640201-229-offence-1" type="offenceSubcategory" value="burglary"/>to burglary, and stealing a blanket, a jacket, and a quantity of bread, the property of
<persName id="t18640201-name-77" type="victimName">
<interp inst="t18640201-name-77" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18640201-229-offence-1 t18640201-name-77"/>the guardians of the Parish of St. Marylebone</persName>.—</rs>
<hi rend="largeCaps">COOK</hi>
<rs id="t18640201-229-verdict-1" type="verdictDescription">
<interp inst="t18640201-229-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18640201-229-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image.]</rs>
<rs id="t18640201-229-punishment-15" type="punishmentDescription">
<interp inst="t18640201-229-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18640201-229-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-229-18640201 t18640201-229-punishment-15"/>
<hi rend="italic">Confined Four Months; the Rector of the parish undertaking to send him abroad.</hi> </rs> </p>
<hi rend="largeCaps">MORRISS</hi>
<rs id="t18640201-229-verdict-2" type="verdictDescription">
<interp inst="t18640201-229-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18640201-229-verdict-2" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image.]</rs>
<rs id="t18640201-229-punishment-16" type="punishmentDescription">
<interp inst="t18640201-229-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18640201-229-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-229-18640201 t18640201-229-punishment-16"/>
<hi rend="italic">Confined Three Months, and Three Years in a Reformatory.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18640201-230">
<interp inst="t18640201-230" type="uri" value="sessionsPapers/18640201"/>
<interp inst="t18640201-230" type="date" value="18640201"/>
<join result="criminalCharge" id="t18640201-230-charge-1" targOrder="Y" targets="def1-230-18640201 t18640201-230-offence-1 t18640201-230-verdict-1"/>
<persName id="def1-230-18640201" type="defendantName">
<interp inst="def1-230-18640201" type="gender" value="male"/>
<interp inst="def1-230-18640201" type="age" value="26"/>
<interp inst="def1-230-18640201" type="surname" value="GRIFFITHS"/>
<interp inst="def1-230-18640201" type="given" value="ARTHUR"/>
<hi rend="largeCaps">ARTHUR GRIFFITHS</hi> (26)</persName>
<rs id="t18640201-230-offence-1" type="offenceDescription">
<interp inst="t18640201-230-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18640201-230-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, to stealing 9
<hi rend="italic">l</hi>. the moneys of
<persName id="t18640201-name-79" type="victimName">
<interp inst="t18640201-name-79" type="gender" value="male"/>
<interp inst="t18640201-name-79" type="surname" value="MALLESON"/>
<interp inst="t18640201-name-79" type="given" value="WILLIAM TAYLOR"/>
<join result="offenceVictim" targOrder="Y" targets="t18640201-230-offence-1 t18640201-name-79"/>William Taylor Malleson</persName> and others, his masters.—</rs>
<rs id="t18640201-230-verdict-1" type="verdictDescription">
<interp inst="t18640201-230-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18640201-230-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image.]</rs>
<rs id="t18640201-230-punishment-17" type="punishmentDescription">
<interp inst="t18640201-230-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18640201-230-punishment-17" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-230-18640201 t18640201-230-punishment-17"/>
<hi rend="italic">Confined Eighteen Months.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18640201-231">
<interp inst="t18640201-231" type="uri" value="sessionsPapers/18640201"/>
<interp inst="t18640201-231" type="date" value="18640201"/>
<join result="criminalCharge" id="t18640201-231-charge-1" targOrder="Y" targets="def1-231-18640201 t18640201-231-offence-1 t18640201-231-verdict-1"/>
<persName id="def1-231-18640201" type="defendantName">
<interp inst="def1-231-18640201" type="gender" value="male"/>
<interp inst="def1-231-18640201" type="age" value="18"/>
<interp inst="def1-231-18640201" type="surname" value="WORKMAN"/>
<interp inst="def1-231-18640201" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN WORKMAN</hi> (18)</persName>
<rs id="t18640201-231-offence-1" type="offenceDescription">
<interp inst="t18640201-231-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18640201-231-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, to steal
<lb/>ing 14 handkerchiefs, value 3
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>. the property of
<persName id="t18640201-name-81" type="victimName">
<interp inst="t18640201-name-81" type="gender" value="male"/>
<interp inst="t18640201-name-81" type="surname" value="HELLABY"/>
<interp inst="t18640201-name-81" type="given" value="RICHARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18640201-231-offence-1 t18640201-name-81"/>Richard Hellaby</persName>.—</rs>
<rs id="t18640201-231-verdict-1" type="verdictDescription">
<interp inst="t18640201-231-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18640201-231-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image.]</rs>
<rs id="t18640201-231-punishment-18" type="punishmentDescription">
<interp inst="t18640201-231-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18640201-231-punishment-18" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-231-18640201 t18640201-231-punishment-18"/>
<hi rend="italic">Confined Twelve Months.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18640201-232">
<interp inst="t18640201-232" type="uri" value="sessionsPapers/18640201"/>
<interp inst="t18640201-232" type="date" value="18640201"/>
<join result="criminalCharge" id="t18640201-232-charge-1" targOrder="Y" targets="def1-232-18640201 t18640201-232-offence-1 t18640201-232-verdict-1"/>
<persName id="def1-232-18640201" type="defendantName">
<interp inst="def1-232-18640201" type="gender" value="male"/>
<interp inst="def1-232-18640201" type="age" value="18"/>
<interp inst="def1-232-18640201" type="surname" value="FISHER"/>
<interp inst="def1-232-18640201" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS FISHER</hi> (18)</persName>
<rs id="t18640201-232-offence-1" type="offenceDescription">
<interp inst="t18640201-232-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18640201-232-offence-1" type="offenceSubcategory" value="burglary"/>, to a burglary in the dwelling-house of
<persName id="t18640201-name-83" type="victimName">
<interp inst="t18640201-name-83" type="gender" value="male"/>
<interp inst="t18640201-name-83" type="surname" value="THORNE"/>
<interp inst="t18640201-name-83" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18640201-232-offence-1 t18640201-name-83"/>William Thorne</persName>, and stealing therein 2 handkerchiefs, and other articles, his property.—</rs>
<rs id="t18640201-232-verdict-1" type="verdictDescription">
<interp inst="t18640201-232-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18640201-232-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image.]</rs>
<rs id="t18640201-232-punishment-19" type="punishmentDescription">
<interp inst="t18640201-232-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18640201-232-punishment-19" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-232-18640201 t18640201-232-punishment-19"/>
<hi rend="italic">Confined Twelve Months.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18640201-233">
<interp inst="t18640201-233" type="uri" value="sessionsPapers/18640201"/>
<interp inst="t18640201-233" type="date" value="18640201"/>
<join result="criminalCharge" id="t18640201-233-charge-1" targOrder="Y" targets="def1-233-18640201 t18640201-233-offence-1 t18640201-233-verdict-1"/>
<persName id="def1-233-18640201" type="defendantName">
<interp inst="def1-233-18640201" type="gender" value="male"/>
<interp inst="def1-233-18640201" type="age" value="26"/>
<interp inst="def1-233-18640201" type="surname" value="SPRING"/>
<interp inst="def1-233-18640201" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES SPRING</hi>* (26)</persName>
<rs id="t18640201-233-offence-1" type="offenceDescription">
<interp inst="t18640201-233-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18640201-233-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, to stealing a coat, value 4
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. the property of
<persName id="t18640201-name-85" type="victimName">
<interp inst="t18640201-name-85" type="gender" value="male"/>
<interp inst="t18640201-name-85" type="surname" value="DOUDNEY"/>
<interp inst="t18640201-name-85" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18640201-233-offence-1 t18640201-name-85"/>George Doudney</persName>.—</rs>
<rs id="t18640201-233-verdict-1" type="verdictDescription">
<interp inst="t18640201-233-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18640201-233-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image.]</rs>
<rs id="t18640201-233-punishment-20" type="punishmentDescription">
<interp inst="t18640201-233-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18640201-233-punishment-20" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-233-18640201 t18640201-233-punishment-20"/>
<hi rend="italic">Confined Nine Months.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18640201-234">
<interp inst="t18640201-234" type="uri" value="sessionsPapers/18640201"/>
<interp inst="t18640201-234" type="date" value="18640201"/>
<join result="criminalCharge" id="t18640201-234-charge-1" targOrder="Y" targets="def1-234-18640201 t18640201-234-offence-1 t18640201-234-verdict-1"/>
<persName id="def1-234-18640201" type="defendantName">
<interp inst="def1-234-18640201" type="gender" value="male"/>
<interp inst="def1-234-18640201" type="age" value="31"/>
<interp inst="def1-234-18640201" type="surname" value="LUCAS"/>
<interp inst="def1-234-18640201" type="given" value="LEWIS EDWARD"/>
<hi rend="largeCaps">LEWIS EDWARD LUCAS</hi> (31)</persName>
<rs id="t18640201-234-offence-1" type="offenceDescription">
<interp inst="t18640201-234-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18640201-234-offence-1" type="offenceSubcategory" value="embezzlement"/>, to embezzling 5
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., and 10
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>. the moneys of
<persName id="t18640201-name-87" type="victimName">
<interp inst="t18640201-name-87" type="gender" value="male"/>
<interp inst="t18640201-name-87" type="surname" value="TURNER"/>
<interp inst="t18640201-name-87" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18640201-234-offence-1 t18640201-name-87"/>John Turner</persName>, his master,</rs>
<rs id="t18640201-234-verdict-1" type="verdictDescription">
<interp inst="t18640201-234-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18640201-234-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image.] who strongly recommended him to mercy.</rs>
<rs id="t18640201-234-punishment-21" type="punishmentDescription">
<interp inst="t18640201-234-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18640201-234-punishment-21" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-234-18640201 t18640201-234-punishment-21"/>
<hi rend="italic">Confined Three Months.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18640201-235">
<interp inst="t18640201-235" type="uri" value="sessionsPapers/18640201"/>
<interp inst="t18640201-235" type="date" value="18640201"/>
<join result="criminalCharge" id="t18640201-235-charge-1" targOrder="Y" targets="def1-235-18640201 t18640201-235-offence-1 t18640201-235-verdict-1"/>
<persName id="def1-235-18640201" type="defendantName">
<interp inst="def1-235-18640201" type="gender" value="male"/>
<interp inst="def1-235-18640201" type="age" value="37"/>
<interp inst="def1-235-18640201" type="surname" value="GARBETT"/>
<interp inst="def1-235-18640201" type="given" value="JOSEPH"/>
<hi rend="largeCaps">JOSEPH GARBETT</hi> (37)</persName>
<rs id="t18640201-235-offence-1" type="offenceDescription">
<interp inst="t18640201-235-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18640201-235-offence-1" type="offenceSubcategory" value="embezzlement"/>, to embezzling 5
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. and 8
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., the moneys of said
<persName id="t18640201-name-89" type="victimName">
<interp inst="t18640201-name-89" type="gender" value="male"/>
<interp inst="t18640201-name-89" type="surname" value="TURNER"/>
<interp inst="t18640201-name-89" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18640201-235-offence-1 t18640201-name-89"/>John Turner</persName>,</rs>
<rs id="t18640201-235-verdict-1" type="verdictDescription">
<interp inst="t18640201-235-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18640201-235-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image.] who recommended him to mercy.</rs>
<rs id="t18640201-235-punishment-22" type="punishmentDescription">
<interp inst="t18640201-235-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18640201-235-punishment-22" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-235-18640201 t18640201-235-punishment-22"/>
<hi rend="italic">Confined Three Months.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18640201-236">
<interp inst="t18640201-236" type="uri" value="sessionsPapers/18640201"/>
<interp inst="t18640201-236" type="date" value="18640201"/>
<join result="criminalCharge" id="t18640201-236-charge-1" targOrder="Y" targets="def1-236-18640201 t18640201-236-offence-1 t18640201-236-verdict-1"/>
<persName id="def1-236-18640201" type="defendantName">
<interp inst="def1-236-18640201" type="gender" value="male"/>
<interp inst="def1-236-18640201" type="age" value="33"/>
<interp inst="def1-236-18640201" type="surname" value="FRENCH"/>
<interp inst="def1-236-18640201" type="given" value="ROBERT"/>
<hi rend="largeCaps">ROBERT FRENCH</hi> (33)</persName>
<rs id="t18640201-236-offence-1" type="offenceDescription">
<interp inst="t18640201-236-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18640201-236-offence-1" type="offenceSubcategory" value="embezzlement"/>, to embezzling 6
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>. and 11
<hi rend="italic">l</hi>., the moneys of
<persName id="t18640201-name-91" type="victimName">
<interp inst="t18640201-name-91" type="gender" value="male"/>
<interp inst="t18640201-name-91" type="surname" value="WOOD"/>
<interp inst="t18640201-name-91" type="given" value="STEPHEN"/>
<join result="offenceVictim" targOrder="Y" targets="t18640201-236-offence-1 t18640201-name-91"/>Stephen Wood</persName>, his master.—</rs>
<rs id="t18640201-236-verdict-1" type="verdictDescription">
<interp inst="t18640201-236-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18640201-236-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image.]</rs>
<rs id="t18640201-236-punishment-23" type="punishmentDescription">
<interp inst="t18640201-236-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18640201-236-punishment-23" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-236-18640201 t18640201-236-punishment-23"/>
<hi rend="italic">Five Years' Penal Servitude.</hi> </rs> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>,
<hi rend="italic">Tuesday, February</hi> 2
<hi rend="italic">d</hi>, 1864.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18640201-237">
<interp inst="t18640201-237" type="uri" value="sessionsPapers/18640201"/>
<interp inst="t18640201-237" type="date" value="18640201"/>
<join result="criminalCharge" id="t18640201-237-charge-1" targOrder="Y" targets="def1-237-18640201 t18640201-237-offence-1 t18640201-237-verdict-1"/>
<persName id="def1-237-18640201" type="defendantName">
<interp inst="def1-237-18640201" type="gender" value="male"/>
<interp inst="def1-237-18640201" type="age" value="26"/>
<interp inst="def1-237-18640201" type="surname" value="OPPENHEIM"/>
<interp inst="def1-237-18640201" type="given" value="ADOLPHUS"/>
<hi rend="largeCaps">ADOLPHUS OPPENHEIM</hi> (26)</persName>, was indicted
<rs id="t18640201-237-offence-1" type="offenceDescription">
<interp inst="t18640201-237-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18640201-237-offence-1" type="offenceSubcategory" value="embezzlement"/>for embezzling and stealing the sum of 100
<hi rend="italic">l</hi>., received by him as servant to
<persName id="t18640201-name-93" type="victimName">
<interp inst="t18640201-name-93" type="gender" value="male"/>
<interp inst="t18640201-name-93" type="surname" value="WILSON"/>
<interp inst="t18640201-name-93" type="given" value="WILLIAM VERGO"/>
<join result="offenceVictim" targOrder="Y" targets="t18640201-237-offence-1 t18640201-name-93"/>William Vergo Wilson</persName>.</rs> </p>
<hi rend="smallCaps">MESSRS ORRIDGE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">LEWIS</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18640201-name-94" type="witnessName">
<interp inst="t18640201-name-94" type="gender" value="male"/>
<interp inst="t18640201-name-94" type="surname" value="WILSON"/>
<interp inst="t18640201-name-94" type="given" value="WILLIAM VERGO"/>WILLIAM VERGO WILSON</persName> </hi>. I am a chemical colour manufacturer, at Jubilee-street, Mile-end—I formerly had an office in Leadenhall-street, and carried on business under the name of Wilson and Fletcher—I have known the prisoner for about three years—I was formerly a creditor of his, and after
<lb/>wards took him into my service, at a salary of 200
<hi rend="italic">l</hi>. a year—that was in July, 1862, during the existence of the partnership between myself and Fletcher—I think the dissolution of that partnership was gazetted in March or April, 1863—the actual dissolution was before it appeared in the
<hi rend="italic">Gazette</hi>, I think, in February—the prisoner continued as clerk up to the time of dissolution and afterwards—some time after the dissolution with Fletcher, the prisoner expressed a wish to become a partner, and made a communication to me—he told me his uncle was desirous of assisting him here in England, and for that purpose he would advance a certain sum of money, and he hoped on that account I would take him into partnership—I stated that if the sum of 1,580
<hi rend="italic">l</hi>. was forthcoming, I might then, on certain terms, do so; 1,000
<hi rend="italic">l</hi>. for his share in the business, and 580
<hi rend="italic">l</hi>. on account of my loss on the old estate, which I had taken up and paid a</p>
<xptr type="pageFacsimile" doc="186402010026"/>
<p>composition for—750
<hi rend="italic">l</hi>. was paid into my bankers, which the prisoner represented as coming from Mr. Aubenheim, of Worms, his uncle—I think the last payment was some time in March—the 750
<hi rend="italic">l</hi>. was paid in in two sums, one of 500
<hi rend="italic">l</hi>. and the other of 250
<hi rend="italic">l</hi>.—some time afterwards, when the prisoner brought me some bills for acceptance, he told me his uncle would be unable to advance any further sum, and he had drawn on me, on the sum which he had paid—I accepted two of the bills, and at a later date, I accepted another—they have been paid—the 750
<hi rend="italic">l</hi>. has been repaid to the prisoner—these are the bills (
<hi rend="italic">produced</hi>)—the gross amount of them is 750
<hi rend="italic">l</hi>.; they were in repayment of the 750
<hi rend="italic">l</hi>. advanced—I paid these three bills of exchange—the prisoner told me the 750
<hi rend="italic">l</hi>. had come from his uncle, and he had paid it in—these bills were drawn by the same gentleman, Mr. Aubenheim; at least, I suppose so; it is the same name, Aubenheim, of Worms—in March, 1863, I had occasion to go abroad either for a fortnight or three weeks; I authorized the prisoner to sign my name to cheques, and so forth—I banked at the Bank of London—this (
<hi rend="italic">produced</hi>) is the authority which I gave—(
<hi rend="italic">Read:</hi> "To the Directors of the Bank of London; 9th March, 1863. Gentlemen, We request you will, until you receive written directions from us to the contrary, treat and consider Adolphus Oppenheim, as fully empowered by us and on our behalf, to draw and sign cheques; and to draw, accept, and indorse all bills of exchange and promissory notes in our names; to negotiate for and take discounts and loans, with or without security, on our account; and to pledge or deposit any species of security for the repayment of such loans; and generally, in all dealings and transactions between us and you, to act as fully and effectually for all intents and purposes as we or either of us could if personally present and acting in the matters and transactions aforesaid; for all which this shall be a sufficient authority for you, your managers, clerks, and officers; and in the case of the dissolution of our partnership, as to all matters and things after such dissolution shall be done by the said Adolphus Oppenheim by virtue of or in pursuance hereof, we engage that (as far as you are interested or concerned) such acts of the said Adolphus Oppenheim shall be binding upon us and each of us, and all other persons claiming from or under us, unless notice in writing of such dissolution shall have been previously given to you, by some party entitled to give the same. (Signed) Wilson and Co. A. Oppenheim will sign Wilson and Co.")—I signed the name of the firm as Wilson and Co.—after the dissolution with Fletcher, I carried on business as Wilson and Co.—I remained away about three weeks, and returned about the latter end of March—I afterwards left again on account of illness—I left in May completely—I was laid up in bed, unable to move—previously to that, I was for some time very unwell and only occasionally able to go to business—during all that time the prisoner was managing the business—I returned to business on 6th June, and then found this letter in the prisoner's handwriting—he had not given me any notice that he was going to leave; I expected to find him at the office as usual—(
<hi rend="italic">letter read:</hi> "43, Devonshire-street; Friday, June 5th, Dear Wilson, Do not judge me before you see me again, which will be before long; forgive the trouble I have heaped upon your head, and do not curse your heart-broken A. Oppenheim.")—After I paid those bills of exchange no mention was ever afterwards made by the prisoner to me of a partnership; the question was never discussed between us—he was not a partner at any time—his salary continued up to 6th June—it was paid at any time—when he took journeys his salary was not paid; it was not</p>
<xptr type="pageFacsimile" doc="186402010027"/>
<p>really finally settled till the end of six months, at the time the general accounts, were settled—he took money from time to time when he required it; at any convenient season—when he was away, or travel
<lb/>ling on a journey, of course it could not be paid to him—I afterwards received this other letter from him; it is in his handwriting—
<hi rend="italic">Read:</hi>" Barcelona, Tuesday, June 9th, 1863. Dear Wilson, When I got up last Friday morning, I had no more idea to leave London than you had of leaving Europe. I went over to the factory, looked round, &c., and then walked to Leadenhall-street. I had expected a remittance for 500
<hi rend="italic">l</hi>. for the last few days previous to cover some liabilities which were falling due out of my old estate; and expecting this remittance, I had in the meantime drawn sufficient from the bank to pay these bills, meaning to repay the sum on receipt of the money, which I expected daily. I would not have done so, however, but for the 750
<hi rend="italic">l</hi>. which I had previously paid into the business, and thinking it no barm to withdraw part of the sum for a few days. On that Friday morning, I learned that I
<hi rend="italic">would not</hi> receive the expected remittance, and at the same time a letter from your bank arrived, saying they had the day before returned a bill of 100
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. unpaid, on account of insufficient funds, we having no right to draw under a balance of 300
<hi rend="italic">l</hi>. This news, coupled with the knowledge of further liabilities which I
<hi rend="italic">then</hi> saw no hope of meeting, fairly took away my breath and benumbed my reasoning powers. I walked about the streets for an hour or two, having no heart to stay at the office, vainly trying to think what I could do to make every
<lb/>thing right; the more I thought, the more disheartened I got. The fact of some of your bills falling due on that very Friday, and the fact of not sufficient funds to meet them on account of my inability to repay,
<hi rend="italic">at once,</hi> the sum I had withdrawn, almost drove me mad. There was already enough besides to do so. My dear uncle had made himself liable, on my account, for a considerable sum, and the payment of this will all but ruin him. You have no idea what I suffered, and what I suffer still. I walked about on that dreary Friday not knowing which way to turn; I had not the heart to face you; I knew you could not forgive me, and, what is more, that I did not deserve it. In my despair, the thought forced itself on my stunned mind to leave England, and
<hi rend="italic">before I fairly knew where I was,</hi> I was travelling away to France. Sick at heart, I travelled, and travelled, and travelled without stopping, till I came here. I arrived at Barcelona last night, and I cannot rest till I have despatched this letter to you. I am
<hi rend="smallCaps">NOT</hi> a bad man, for all that you must think so; circumstances were too strong for weak me and overpowered me. I can hardly hope that you will judge me or my doings rightly, but, on the contrary, that you will despise me as one unworthy of your friendship. I pray and beg that the power may be given me to make good everything towards you; and I shall not be myself again till this is accomplished. I mean
<hi rend="italic">work, and can work;</hi> and this, dear Wilson, makes me hope that to accomplish it may not be out of my power. You may, perhaps, resent my calling you still 'dear Wilson,' but for the world of me I cannot do otherwise. A. Oppenheim.")—The prisoner had no authority to discount bills at any "other place than the Bank of London—he had no authority to discount with Mr. Hermann—these (
<hi rend="italic">produced</hi>) are bills of exchange drawn by me; they amount in the aggregate to 239
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>.—I have the pass-book here—100
<hi rend="italic">l</hi>. was paid to my credit on 5th June, and a country draft of 22
<hi rend="italic">l</hi>.—that is entered in the cash-book—it may have been payable in London—this is the cash-book kept by the prisoner—the last entry appears to have been made on 3
<hi rend="italic">d</hi> June</p>
<xptr type="pageFacsimile" doc="186402010028"/>
<p>—it was his duty to enter all sums of money received and paid by him—there is no entry of the 239
<hi rend="italic">l</hi>. whatever—there are subsequent entries, but those were made by the accountant—the last entry in the prisoner's writing is 3
<hi rend="italic">d</hi> June.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Were the bills to the amount of 239
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. bills that you discounted?
<hi rend="italic">A.</hi> No, bills that were lying in my safe, and which were appropriated by the prisoner.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Is there a bill-book?
<hi rend="italic">A.</hi> Yes; it is here—there is an entry of 116
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. in the pass-book on 4th June—that sum was paid in by some one to my credit on 4th June—there is no entry in the prisoner's handwriting on 5th June; it is Mr. Scobell's writing, I believe; he assisted me with the accounts—there are two sums of 100
<hi rend="italic">l</hi>. entered on 5th June—that was not cash paid into my hands on account of Oppenheim; it may be entered "A. Oppenheim, 100
<hi rend="italic">l</hi>."—I know there are a great many irregular entries there—I have looked over many of those items—I find two entries here of 100
<hi rend="italic">l</hi>. each—I can only explain as to those entries that moneys have been withdrawn and paid in a very irregular manner—I am attributing to him that he has taken 100
<hi rend="italic">l</hi>. out of 200
<hi rend="italic">l</hi>.—one of those huudreds represents half of the produce of that bill; I can't say which, inasmuch as they are both on the same date—it is one of them, whichever you like—100
<hi rend="italic">l</hi>. of those two items represents 100
<hi rend="italic">l</hi>. out of the cheque—it was a cheque, I believe—the other 100
<hi rend="italic">l</hi>. represents money that was given to him and accepted for another of my cheques—I think I can find that one—this is the cheque, I believe (
<hi rend="italic">produced</hi>)—it is dated June 8th—I am sure it is the cheque for the money that is entered in the cash-book as June 4th—the prisoner did not get the money for that cheque from the bank; he exchanged it with some one else; I believe, with a Mr. Werner—I don't know whether he is here—I believe some one is here to speak to this cheque; I can't say positively—it is entered in the pass-book on 8th June, therefore it is clear that some one else presented it at the bank—that person will be here—I can't say which of those two 100
<hi rend="italic">l</hi>. was paid in by the prisoner, because they are entered in the same manner—in his second letter, he speaks of a 100
<hi rend="italic">l</hi>.-bill being returned by the bank on the 4th—116
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. was paid in on the 4th, but I think that was money that came from customers—money is continually being paid into the bank—money was paid in on 4th June—there were the two 100
<hi rend="italic">l</hi>. I have mentioned, 9
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>., and 5
<hi rend="italic">l</hi>., 8
<hi rend="italic">s</hi>., paid in on 4th June—it becomes necessary for me to put the small sums together to make it—on the 4th and 5th, there is 100
<hi rend="italic">l</hi>. paid in by Oppenheim, and 16
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—the 100
<hi rend="italic">l</hi>. I assume to be the 100
<hi rend="italic">l</hi>. derived from those bills—I don't know who put "4th and 5th" in the margin—they are not my figures—on the 4th, there was 116
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. paid in, and on the 5th, 22
<hi rend="italic">l</hi>. and 100
<hi rend="italic">l</hi>.—that 22
<hi rend="italic">l</hi>. is a country draft, which would have been paid in some time before—100
<hi rend="italic">l</hi>. was paid in on the 5th, excluding the 22
<hi rend="italic">l</hi>.; 216
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. altogether on the two days—the entry in the cash-book is not 215
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>.—there are many entries; you may pick out any sum you like, if you choose to take the wrong entries—there is the sum of 200
<hi rend="italic">l</hi>. and the sum of 16
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. put to Roley and Dix, making 216
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. one 100
<hi rend="italic">l</hi>. of that was an acceptance for my own cheque for 100
<hi rend="italic">l</hi>.; on that cheque of the 8th was given an acceptance of another cheque, I presume, of the 4th or 5th—I know the bill was refused at the bank on the 4th or 5th—I believe, on the 4th the prisoner paid into my account from his own bank the sum of 100
<hi rend="italic">l</hi>.—that was not in consequence of that bill having been dishonoured, or to</p>
<xptr type="pageFacsimile" doc="186402010029"/>
<p>meet it; it was to meet another cheque which was drawn against it—you have seen that cheque—it was given to Werner, and accepted for another cheque of Werner's, which I dare say Mr. Werner will he able to produce—I cannot say what the 100
<hi rend="italic">l</hi>. cheque which the prisoner paid into my bank was to meet—that eheque was exchanged for one of Werner's; it was given and accepted for a cheque given to him by Werner—I don't know what it was given for; I can't discover his motives.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Do you mean he raised 100
<hi rend="italic">l</hi>. by Werner's accepting a cheque, and then afterwards paid 100
<hi rend="italic">l</hi>. to your credit?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> He paid that on the 4th?
<hi rend="italic">A.</hi> Yes, and also 100
<hi rend="italic">l</hi>. on the 5th—I can't say that made up the 200
<hi rend="italic">l</hi>. he had received—100
<hi rend="italic">l</hi>. had gone out again—he left on the 5th June—I had left him for some time before that in sole charge of the business—I can tell how much was paid to my credit in June by looking at the pass-book—I cannot read the items out through June—on the 23
<hi rend="italic">d</hi> of May there was paid in 9
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., 32
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>., 16
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>, 18
<hi rend="italic">s</hi>. 6
<hi rend="italic">s</hi>., 180
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>, 16
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>., 441
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>, 27
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>. 118
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>.—there would be considerably more than 1,000
<hi rend="italic">l</hi>. paid in from the 23
<hi rend="italic">d</hi> of May to the end of June in the ordinary course of business—the last payment was 100
<hi rend="italic">l</hi>., on the very day the prisoner went, but that was paid in as being received from my customers—it was paid in by him—there was a memorandum drawn up for a partnership—it is a preliminary kind of document—Mr. Mullens has it (
<hi rend="italic">produced</hi>); it was sent to my solicitor some time in March, about the latter end of March—I had before that received the 750
<hi rend="italic">l</hi>. I spoke of—500
<hi rend="italic">l</hi> of that was paid on 26th February I think, and 250
<hi rend="italic">l</hi>. on 16th March—I believe those were the dates—the date of the authority to the bank was the 9th March—I went abroad on that day—I gave him power to draw, because I was going abroad—I was gone a fortnight or three weeks—when I returned, I was at the manufactory, not at the office—I scarcely went to the office at all—the factory is about a mile and a half from the office I suppose—I went to the office occasionally—I partially attended to business for the space of a month, or five or six weeks, after I returned from abroad—this memorandum is in my handwriting—I believe I prepared this after I came back—during the four or five weeks I was at business after I came back from abroad, I did not revoke the authority to him to draw on the bank—it was withdrawn after his departure—I drew cheques myself as well, at that time, concurrently with him when he was away, sometimes one drew, and sometimes the other, for a short period; cheques and bills too—I was very little at the office indeed—I gave the 750
<hi rend="italic">l</hi>. in bills to the prisoner for repayment of the money—I told him it was in repayment—it was repaid as so much cash that I had previously received—I mean to swear that—I have since taken steps against Aubenheim, and received some money on these bills from him—in consequence of the prisoner's departure, and my discovery of the means by which he had raised the money, I consi
<lb/>dered that Aubenheim was not entitled to have drawn those bills, and took proceedings against him—I treated him as a rogue—the money I paid for the bills was the payment of the 750
<hi rend="italic">l</hi>.—I have received a very small sum of money from Aubenheim, not above 51
<hi rend="italic">l</hi>. out of 750
<hi rend="italic">l</hi>.—I am not charging the prisoner with taking that 750
<hi rend="italic">l</hi>., but with drawing certain sums of money from the bank—the private ledger is here—125
<hi rend="italic">l</hi>., or some sum in florins, was received over in Worms—I had the account handed to me by my agent, which you are at liberty to inspect—Aubenheim paid a certain sum in florins, which I suppose would amount to 125
<hi rend="italic">l</hi>.; two of these bills were accepted on 15th April, and the third was arranged to be accepted—I have</p>
<xptr type="pageFacsimile" doc="186402010030"/>
<p>no entry of the third; I can't say when that was accepted; it was the pri
<lb/>soner's duty to keep the books—I promised to accept it, when it was presented—I had had other bill transactions with Oppenheim before—there are several entered in my bill-book, some time back—these two bills were not first given to me in order to be discounted by Oppenheim—the third bill was not given as a renewal of the other bills—the third bill is dated in the prisoner's handwriting, and I had no knowledge of the date until I again saw the bill—I can say most positively that this bill, dated 28th May, six days before the others became due, was not given as a renewal of the other bills; I never dreamt of such a thing—I believe it was ac
<lb/>cepted early in May—I have no memorandum at all—it was accepted by me at my own house—it is in my handwriting; it was given to the prisoner, whose duty it was to enter it—I had not raised money on other bills besides these—I had discounted bills at the bank in the usual commercial way—I had dissolved partnership with Fletcher before I gave the authority to the bank, and altered the name of the firm from Wilson and Fletcher to Wilson and Co—I gave notice to the bank of that—I went and changed the signature at the bank myself—I told them at that time that I had no partner, and I signed only myself—that was some time in February—I had no partner after that.</p>
<hi rend="italic">Q.</hi> You say in this authority, "And in case of the dissolution of our partnership;" what do you mean by that? if that does not apply to the prisoner, to whom does it apply?
<hi rend="italic">A.</hi> I did not write that; it is a printed authority given by the bank to me—it the usual form of the bank, and applies to any person—there was money paid in at that time on account of the projected partnership, 750
<hi rend="italic">l</hi>., and shortly after that I wrote out this memorandum of partnership—I imagine that the words," in case of the dissolution of our partnership all such acts of the said Adolphus Oppenheim shall be binding upon us," in plain language means, that I would be responsible for all cheques and bills signed by him, but as far as any partnership was concerned, there was nothing of the sort—I had received his money, and, so far as it was paid into the bank, I used it, and I repaid it on those bills—I imagine when I accept a bill I am so far responsible for it, that I consider I have repaid the amount—I gave the bills to the prisoner—they went through him to Aubenheim I suppose—I said I had given them to the prisoner for Aubenheim—I lived at Bow, in the Mile-end-road—the factory was much closer than the office; a mile nearer, and that is some
<lb/>thing when you are not well—I only signed bills and cheques occasionally then—I had the whole of my operations to attend to at the factory—I had machinery and plant, and so on—I was not well enough to go to the office—I have the key of the private ledger here—there is an account made out, "A. Oppenheim's drawing account"—" on 26th, cash, 500
<hi rend="italic">l</hi>. "; that is the sum I spoke of as the first instalment of the partnership; then "March 14th, 250
<hi rend="italic">l</hi>.," "May the 9th, 150
<hi rend="italic">l</hi>."—that 150
<hi rend="italic">l</hi>. was not a third sum paid on account of the partnership—that is a memorandum that was made after the departure of the prisoner; a memorandum of the accounts as they stood in the cash-book—that sum of 150
<hi rend="italic">l</hi>. is a sum paid in by the prisoner in an irregular manner that is all I can say—I don't know whether I took the cash; it was paid into the bank, I will admit that—I had no way of distinguishing it then—I suppose the money was used; it is entered in his own handwriting, "May 9th, A. Oppenheim, private, 150
<hi rend="italic">l</hi>."—that was not an additional sum, part of the 1,000
<hi rend="italic">l</hi>. that was to be paid—it was a sum that was sent up from Glasgow—the prisoner was on a journey then—it was received in the</p>
<xptr type="pageFacsimile" doc="186402010031"/>
<p>ordinary way with other sums of money—when he was on a journey, he sent up the cheque, on his own private bank it appears—I was not aware of that at the time—I was not aware of it until you mentioned it to me at the Mansion-house—on looking at my papers, I found it was so—it appears it was not part of my journey-money—he could not enter it at the time in my bank, because he was away—it was entered by Colter, my clerk—he is in Court—I am not aware that Mr. Scobell is in Court—I believe that sum was sent us as an ordinary remittance on a journey—if you ask me why I think he sent a cheque on his private account, I should say that he had a design in it—on my oath the prisoner did not tell me, a few days before he went on that journey, that he would pay another cheque of 150
<hi rend="italic">l</hi>. towards the partnership, and that cheque was not sent up for that purpose—I don't know what it was sent for—I have entered it in the private ledger, not in his private account—I can give no other explanation of that 150
<hi rend="italic">l</hi>. except that it was an ordinary remittance—I had no means of distinguishing it—I saw a letter of mine to the prisoner at the Mansion-house—I don't know where it is now—I handed it back to you—I then admitted, as I do now, that the cheque for 150
<hi rend="italic">l</hi>. was irregularly paid—it ought to have come up with other moneys—I was not aware that it was on his private account—he remitted the journey-moneys in various ways—he was in Scotland at this time, and if he received a lot of Scottish notes, he would send me them up—I did know then that he had a private banking account—my pass-book would not show it—it would show 150
<hi rend="italic">l</hi>. more than I ought to have; but the prisoner would balance his account when he came from his journey—I was not in the habit of looking at the books at that time—that sum of 150
<hi rend="italic">l</hi>. was marked "private" by the prisoner—I should expect him to balance his account when he came home, and if that 150
<hi rend="italic">l</hi>. was deficient, I should certainly call upon him to account for it—when I came to examine the journey-account, I found it correct, without counting the 150
<hi rend="italic">l</hi>.; that was a surplus—I have taken no active steps in repaying or receiving—he has taken a very large sum—there was another sum of 150
<hi rend="italic">l</hi>. paid in on 23
<hi rend="italic">d</hi>—I have every reason to believe that that came from a Mr. Hermann—I can only say it was paid in—I know nothing of another sum of 150
<hi rend="italic">l</hi>. odd on June 1st—the two sums you previously called my attention to of 100
<hi rend="italic">l</hi>. each I have entered in this private ledger as on 3
<hi rend="italic">d</hi> June—I have given the prisoner credit for those—that 200
<hi rend="italic">l</hi>. on 25th May, I believe was drawn in one note, and was paid to a Mr. Chineworth by the prisoner, for what purpose I don't know—I have not included that sum of 200
<hi rend="italic">l</hi>. on those five bills—that is a mere rough account made up at the moment—all the sums I charge him with are not included there—I did not know of them all at the time—this (
<hi rend="italic">produced</hi>) is an account prepared—the total is 918
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>. which I have to his debit, that is the balance; in making up that sum I do not debit him with the three bills for 750
<hi rend="italic">l</hi>.; I do not find it here—the item at the top of the page, which is 750
<hi rend="italic">l</hi>., is a sum composed of other small sums brought over—I have made this out since I was at the police-court, not under the advice of my solicitor; it was a regular account prepared—my solicitor had several times asked for accounts—he told me I must prepare an account to include all sums—there are sums in there we had no knowledge of at the time—that account was simply a record from the cash-book; it was prepared for my own guidance—these are items read out to me by Mr. Scobell—I wrote at his dictation; he had the books before him—it does not include all the drawings charged against the prisoner when he was at the Mansion House; it was produced because</p>
<xptr type="pageFacsimile" doc="186402010032"/>
<p>you wished to have it—it was not prepared with care or accuracy—it did not include all the drawings I then charged him with taking—I did not strike a balance, because at the time that was done actions were pending on some cheques, which I have had to pay—this had nothing to do with the actions at all—I was only saying that at the time it was prepared, in June, these payments were not absolutely made which I have subsequently in
<lb/>cluded—I have since included the payment of a cheque for 150
<hi rend="italic">l</hi>., dated somewhere about June 8th, a post-dated cheque—there was another cheque dated June 8th; I have no doubt it is here; it may have been June 5th—yes, this is the cheque (
<hi rend="italic">produced</hi>); it is for 150
<hi rend="italic">l</hi>., and is dated June 1st—here is another one dated May 23
<hi rend="italic">d</hi>; that was paid on May 30th—there is an entry there of that—there is also an entry on June 1st, of 125
<hi rend="italic">l</hi>.—the day book is here—that cheque for 125
<hi rend="italic">l</hi>. is dated May 30th, and entered here June 1st—the 150
<hi rend="italic">l</hi>. and the 125
<hi rend="italic">l</hi>. cheques have not changed places, because the 150
<hi rend="italic">l</hi>. was not paid till some time afterwards—it is quite possible, for this reason, that at the time I made that account it was not entered in the bank account—if a cheque is given on May 30th, it is very probable it would only be paid in on June 1st—there is only one cheque on May 30th, and one dated June 1st here—this one, dated May 23
<hi rend="italic">d</hi> seems to have been retained by some one, and then paid in on the 30th—I charged the prisoner with stealing special sums, amounting altogether to 800
<hi rend="italic">l</hi>.—I think I have repaid the 750
<hi rend="italic">l</hi>. the prisoner paid in by the bills, and therefore he had no right to draw out this 800
<hi rend="italic">l</hi>. under any circumstances—he says, in his letter, that I had 750
<hi rend="italic">l</hi>. of his, and I say it is not true—I say I repaid the sum lent by Auben
<lb/>heim by the bills—I have not charged the prisoner with so large a sum as he has taken, and therefore the 50
<hi rend="italic">l</hi>. before mentioned has been virtually deducted—he has not specially had credit for it in that document you have there, but I have another one prepared which shows it—I believe the prisoner is a bankrupt; he has petitioned the Bankruptcy Court—I knew that, per
<lb/>haps, about three weeks before he was charged at the Mansion House—he gave me notice where he was through his attorney—for a long time the matter was in Messrs. Mullen's hands; they simply had notice that he was about to petition the Bankruptcy Court—I don't remember whether his address was sent or not; it may have been—I went immediately and in
<lb/>formed Mr. Mullens—it may have been three weeks after that that I took proceedings in the police-court—during that time I believe there was an ex
<lb/>amination in the Bankruptcy Court, but I did not take any notice of it—it would have been rather an awkward thing to have been made a partner with him in the Bankruptcy Court, but I did not fear that—on my oath I con
<lb/>sulted Mr. Mullens as to criminal proceedings immediately after the pri
<lb/>soner's departure—after I had been swindled I tried to get the money back the best way I could, and for that purpose I sued Aubenheim—two of the bills were abroad upon which I took criminal proceedings—there are entries of the payment of the prisoner's salary continually, on account—here is 2
<hi rend="italic">l</hi>. and 8
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—I have the private ledger here—there was no entry made at all from the cash-books until after his departure—it had never been posted; it could only be eutered in the cash-book—it is only posted from the cash-book to the ledger—there was no entry made of these sums—he drew sums from time to time corresponding nearly with the amount of his salary, and, of course, as I was away very much, these sums could not be made in regular weekly payments—I have other clerks and servants—I have a wages account in this ledger of them—there is no wages account of the prisoner's; he was in a confidential position with me, and he was desirous that the amount of</p>
<xptr type="pageFacsimile" doc="186402010033"/>
<p>his salary should not be exposed—the wages of the others are entered weekly; the men paid at the factory, and the lads in the office—you will see entered here 102
<hi rend="italic">l</hi>. as half a year's salary of the prisoner's—this is the account, from June to December, of the amounts paid to him; it was not made up after
<lb/>wards—I don't care whether it is called a drawing account, or what it is called—it is written there, "A. Oppenheim, drawing-account"—that was not written with the intention of being legally discussed afterwards; it does not appear anywhere else—when the balances were drawn it was included with the other amounts—it appears in the general balance—that was the settlement at the end of the half-year—it is carried to another book, in which my balances were kept—I have not that here; it was my private balance—this was all during my partnership with Fletcher—I can show you that sums were drawn after the dissolution, but they were not entered regularly because it was not posted—it was the prisoner's duty to post it, and he did not—he left before the six months were out—I can only show you that these sums have been taken; they are chiefly in the prisoner's own handwriting—it is not spoken of as salary or wages, it is simply entered, "Oppenheim"—that is a ledger in which I have made private memoranda—I see here an entry on 3
<hi rend="italic">d</hi> January, "Oppenheim 2
<hi rend="italic">l</hi>." then "Oppenheim 6
<hi rend="italic">l</hi>." 4
<hi rend="italic">l</hi>. and 4
<hi rend="italic">l</hi>.—I have put those sums into that account which you have before you—I have extracted all the sums I have found from the day-book—that account was read to me by Mr. Scobell, and I simply wrote what he read—the prisoner has been credited on that paper with the amount which was due to him for salary—there is no other entry of salary or wages than that which I have described—there has been no settlement since December 1862.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Are the entries before and after December, 1862, in a similar form in the cash-book?
<hi rend="italic">A.</hi> Yes; just the same throughout, "Oppenheim," so much.</p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Then that would apply to other sums as well?
<hi rend="italic">A.</hi> Where he has entered them, of course—where he has entered them so, it is so in the cash-book—I have not credited him with any salary in that account—it is on a piece of paper I gave to you—that has been drawn up since we were at the police-court; when there I gave him no credit whatever for salary—the credit items were also read out from the cash-book in regular form, exactly as it occurred—the balance was not read out; the account was not balanced—it was merely a rough memorandum for my own guidance—it was made in 1862—there is no heading over the first page, and the other was written inadvertently—I have written many things there, which, if I had supposed they were going to be discussed, I should not have written—I wrote that on the Tuesday as I discovered Oppenheim had gone on the Saturday—the greater part of it was written then—of course, I added items subsequently, as they occurred, when I found I had to pay them—I made this long before I went to the police-court—the first entries that were made after the prisoner's departure are not headed at all—to show that I considered it an irregular account, I made no heading whatever—the first, the old one, is headed, "Drawing account"—the next, commencing January, 1863, is not headed at all; and this one, commencing in April, and going on to May, is headed, "A. Oppenheim's drawing account," and not a figure was written on that page until after his departure—I swear that those two pages were written up to 1862, certainly, and all the rest written after his departure, after I found him to be a rogue—there is "A. C. Fletcher's drawing account" just in the same way, and that is balanced up; he was not a clerk—I put my own drawing account in the same manner—I do not know the legal impres
<xptr type="pageFacsimile" doc="186402010034"/>
<p>of the term "drawing account"—if it was written in ignorance, I can't help it.</p>
<hi rend="smallCaps">MR. ORRIDGE</hi>.
<hi rend="italic">Q.</hi> I see in this private ledger you begin July 19th, 1862, and go down to November, and the balance seems to have been struck 102
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>.?
<hi rend="italic">A.</hi> Yes—at the time Fletcher was in partnership with me I called it "Oppenheim's drawing account"—he was no partner of mine or Fletcher's—I made this account out as soon as I found that the prisoner had absconded, and also consulted Mr. Mullens as to criminal proceedings within two days of his departure—Mr. Mullens was in Vienna for a month, when the prisoner was made a bankrupt, and the instant he returned he took pro
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Were you with Mr. Mullens in Vienna?
<hi rend="italic">A.</hi> I was not.</p>
<hi rend="smallCaps">MR. ORRIDGE</hi>.
<hi rend="italic">Q.</hi> Where is the book that was made up by Mr. Scobell when the prisoner left? as I understand you, the last entry made by the prisoner was on 30th, when did Scobell make the entries in that book? how long after the prisoner left?
<hi rend="italic">A.</hi> Two or three days—I know Scobell's hand
<lb/>writing—that account is made up by him; I was present when some of the entries were made—they were made from the books as well as we could; it was a great labour to do it—I find 116
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. entered in the pass-book as paid on 4th June, and 100
<hi rend="italic">l</hi>. on the 5th—I believe it was on 4th June that the 200
<hi rend="italic">l</hi>. was obtained from Mr. Hermann—I only saw the word" private" marked to the 150
<hi rend="italic">l</hi>. about three weeks ago; it is in the prisoner's hand-writing—I had not the slightest knowledge of any private banking-account the prisoner had up to the time of his leaving—the date where the word" private"is put is 4th May, 1863—I find that the prisoner has drawn about 860
<hi rend="italic">l</hi>. improperly—I have investigated that sum, and I find that no part of the special sums on this indictment have been applied to business purposes for me in any way—I employ sometimes twenty and sometimes thirty people at the factory, and I have their wages account—I had only two boys in my office; one received 1
<hi rend="italic">l</hi>. a week and the other about 10
<hi rend="italic">s</hi>.—this me
<lb/>morandum of partnership is prepared by my solicitor, in obedience to my in
<hi rend="italic">This was a written paper, with the dates not filled in, proposing</hi> a
<hi rend="italic">partnership between the prosecutor and prisoner, and the profits to be divided thus: two-thirds to Wilson, and one-third to Oppenheim: and that Oppenheim was to pay</hi> 1000
<hi rend="italic">l</hi>.
<hi rend="italic">for his share, and</hi> 580
<hi rend="italic">l</hi>.
<hi rend="italic">upon losses sustained on old estates</hi>)—it never went beyond that; that was merely preliminary—there is not one date in the whole thing; they are left blanks—I settled my accounts every six months—that was at the end of one six months' settlement—before any other six months's settlement was come to, the prisoner left.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-95" type="witnessName">
<interp inst="t18640201-name-95" type="gender" value="male"/>
<interp inst="t18640201-name-95" type="surname" value="STACEY"/>
<interp inst="t18640201-name-95" type="given" value="WILLIAM"/>WILLIAM STACEY</persName> </hi>. I am a solicitor—this memorandum of partnership was prepared by me, about 30th March—I had received instructions to pre
<lb/>pare it the day before, and I prepared it, and sent it to Mr. Wilson on the 30th—he afterwards gave it me back again; the business was never pro
<lb/>ceeded with—this memorandum at the bottom, "Drawn 3
<hi rend="italic">l</hi>.," I consider is Mr. Wilson's handwriting—that was added after it was sent to him—these are not instructions for a partnership—it is not at all a regular document—I sent it to Mr. Wilson for him to see what points he would have to con
<lb/>sider; more as an outline of what was intended.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-96" type="witnessName">
<interp inst="t18640201-name-96" type="gender" value="male"/>
<interp inst="t18640201-name-96" type="surname" value="HERMANN"/>
<interp inst="t18640201-name-96" type="given" value="CHARLES"/>CHARLES HERMANN</persName> </hi>. I am a merchant in Lime-street—I know the prisoner—on 5th June, he brought me these five bills of exchange—he said that his partner, Mr. Wilson, was out of town; I think he said on business; that they were short of cash; that these were the only bills he had; they were</p>
<xptr type="pageFacsimile" doc="186402010035"/>
<p>not sufficient to take to the Bank for discount, but would I make him a temporary advance until Mr. Wilson's return, which he expected on the following Monday—I lent him 200
<hi rend="italic">l</hi>., and he deposited the bills with me—I gave him an open cheque on my bankers—this is it—it has been returned to me by my bankers.</p>
<hi rend="italic">Cross-examined. Q.</hi> Had you had previous transactions with the prisoner?
<hi rend="italic">A.</hi> Yes, and with Mr. Wilson—the three bills for 750
<hi rend="italic">l</hi>. went through my hands—these dated 2
<hi rend="italic">d</hi> and 10th March, passed through my hands—my private number has been torn off, and I shall have some difficulty in tracing them in the book—that is not usual—the last one, dated 28th May, came into my possession on 6th June, 1863—I discounted that at the time for Mr. Aubenheim, with the prisoner—the drawer of these bills had given the prisoner authority to discount his drafts on any house in London—I dis
<lb/>counted them for Mr. Aubenheim, the drawer, on 1st June, through the prisoner, to whom Mr. Aubenheim had given authority to discount for him—this was evidently given in renewal of one of the other bills, although I have no means of knowing, but there was a bill which came due the day after, which I held, and which was merely used to take the former one up—it was not the one you have given me—this was then discounted, but another one of the prisoner's came due, drawn in the same way, and this money was evidently used to retire that bill—it was not one of those three bills—it was not a bill in my hands; it had been in my hands—it did not become due on that day, but the day after, I believe—I did not get the third bill in April, until 1st June—the bill, dated 2
<hi rend="italic">d</hi> March, I received on 3
<hi rend="italic">d</hi>—at the time I received it it was accepted by Mr. Wilson; clearly, most distinctly—I re
<lb/>ceived that, and the one dated 10th March, both together; the same day; it was post-dated—they were both accepted when they were discounted—this one, of 1st June, I did not discount at first, because it was not accepted as I wished it accepted—I discounted both the other bills on 3
<hi rend="italic">d</hi> March—I have got it in my book, and can swear to it—my bills are all regularly entered and numbered—I have not the cheque here that I paid for them—my attention has not been particularly called to these very bills—the money for these bills was paid on several occasions—the first occasion was on that date—there were several instalments, running over two or three days—I cannot say when the last payment was on account of these bills, because there are others mixed up with them; the first payment was 225
<hi rend="italic">l</hi>. on the 3
<hi rend="italic">d</hi>, and the rest of the money was paid in the course of a few days; but other bills got mixed up with them, and I could not swear to the particulars—I have communicated with Mr. Wilson as well as the prisoner; not particularly as regards these bills; I have about other matters—by implication, Mr. Wilson has spoken of the prisoner as his partner—he did not say, "That is my partner," but by implication he clearly represented him as his partner—the day after the dissolution between Mr. Wilson and his former partner had been gazetted, I met Mr. Wilson and the prisoner—I said to Wilson, "So you have got rid of Fletcher at last, and got a better man"—he said, "Yes; one Oppenheim is worth a ton of Fletchers, "or some observation of that description (the prisoner had told me some time previous that as soon as tire dissolution could be gazetted he would be taken into partnership)—I treated them as partners from that time—Mr. Wilson has had many transactions with me—in consequence of what Mr. Wilson said to me I believed the prisoner was a partner, and I believe so now, from the circumstance I have mentioned, and many others, if I am at liberty to mention them—he allowed him to sign "and Co"; a thing I never knew done in the City before by a clerk, without</p>
<xptr type="pageFacsimile" doc="186402010036"/>
<p>putting his own name per procuration—the ordinary form would have been Wilson and Co. per procuration," and then his name—I judge from those circumstances, and also from the conversation with Mr. Wilson in that one instance—I had no other conversation on the subject—I had to sue Mr. Wilson upon this third bill—he objected to pay it, and filed a bill in Chancery against me to prevent my going on with the action—that was dis
<lb/>missed, and I recovered on my bill—I don't know when it was paid (
<hi rend="italic">referring</hi>) I see it was on 21st November.</p>
<hi rend="smallCaps">MR. ORRIDGE</hi>.
<hi rend="italic">Q.</hi> Then you and Mr. Wilson have not been on very good terms, he had to file a bill against you?
<hi rend="italic">A.</hi> He did so—I discounted these two bills on 3
<hi rend="italic">d</hi> March—I paid 225
<hi rend="italic">l</hi>. on account—I say most distinctly that on 3
<hi rend="italic">d</hi> March I discounted a bill drawn on 10th—I know Oppenheim's hand-writing—(
<hi rend="italic">referring to the bill-book</hi>) this is headed "When accepted"—there is no date from 15th April—one bill, dated 2
<hi rend="italic">d</hi> March, for 250
<hi rend="italic">l</hi>. is entered as accepted on 15th April, and one, dated 10th, for 250
<hi rend="italic">l</hi>., by the prisoner—those bills are drawn by Aubenheim, payable to his order—it does not say drawn on Wilson—these are the same bills—I mean to say, what I have said, that they were accepted on the 3
<hi rend="italic">d</hi> and 10th—this entry is false—it is in the prisoner's writing.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Is the prisoner indebted to you?
<hi rend="italic">A.</hi> He is—I am one of the creditors under his bankruptcy, subject to a dividend I have to receive—I have not proved—I don't at this moment know how much he owes me—it may be 200
<hi rend="italic">l</hi>.; it may be more.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-97" type="witnessName">
<interp inst="t18640201-name-97" type="gender" value="male"/>
<interp inst="t18640201-name-97" type="surname" value="KING"/>
<interp inst="t18640201-name-97" type="given" value="JOHN"/>JOHN KING</persName> </hi>. I am one of the cashiers of the City Bank—Mr. Hermann has an account there—I paid this cheque on 5th June—I paid it with one 100
<hi rend="italic">l</hi>. note, No. 91,392, one 50
<hi rend="italic">l</hi>., one 30
<hi rend="italic">l</hi>., and 20
<hi rend="italic">l</hi>. in gold.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-98" type="witnessName">
<interp inst="t18640201-name-98" type="gender" value="male"/>
<interp inst="t18640201-name-98" type="surname" value="CLIFTON"/>
<interp inst="t18640201-name-98" type="given" value="WILLIAM"/>WILLIAM CLIFTON</persName> </hi>. I am a cashier in the Bank of London—Mr. Wilson keeps an account with us—I have the account kept in the name of Wilson and Co.—this 100
<hi rend="italic">l</hi>. note, No. 91,392, was paid in on 5th June to the credit of Wilson and Co.</p>
<hi rend="italic">Cross-examined. Q.</hi> Did the prisoner pay in 100
<hi rend="italic">l</hi>. on the previous day to Wilson's account?
<hi rend="italic">A.</hi> No; that is he did not pay in any notes—I only attended to the note department.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-99" type="witnessName">
<interp inst="t18640201-name-99" type="gender" value="male"/>
<interp inst="t18640201-name-99" type="surname" value="BAILEY"/>
<interp inst="t18640201-name-99" type="given" value="RICHARD AYGE"/>RICHARD AYGE BAILEY</persName> </hi>. I am a clerk in the bank-note office of the Bank of England—I produce the 100
<hi rend="italic">l</hi>. note cancelled—it was paid in by the Bank of London on 6th June last.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-100" type="witnessName">
<interp inst="t18640201-name-100" type="gender" value="male"/>
<interp inst="t18640201-name-100" type="surname" value="AS"/>
<interp inst="t18640201-name-100" type="given" value="ROBERT WILLIAM SCOBELL"/>ROBERT WILLIAM SCOBELL. AS</persName> </hi> a friend of Mr. Wilson's, I undertook to keep his ledger for a time—that was about July, 1862—I recollect hearing of the prisoner's leaving—a morning or two after that I went through the cash-book with Mr. Wilson—the entries in the cash-book, after 3
<hi rend="italic">d</hi> June, 1863, are in my hand-writing, with some few exceptions—I think the prisoner left on the Friday, and these entries might have been made on the Monday or Tuesday—they were made after he left.</p>
<hi rend="italic">Cross-examined. Q.</hi> All those subsequent to 3
<hi rend="italic">d</hi> June?
<hi rend="italic">A.</hi> Yes—I had been there frequently before that—these two entries "A. Oppenheim, 100
<hi rend="italic">l</hi>." each are in my writing—I made these entries from the banker's pass-book—the other entries are amounts received from different firms; customers of Mr. Wilson's—they were entered from the fact of their having come in; by post perhaps—I am not aware that Mr. Wilson was pressed for money several times—I do not think I lent any money to the firm—I have my books here—on the back of my subpœna I was told to refer to this 150
<hi rend="italic">l</hi>.—it is about a year ago—I think it was an exchange of a cheque of Mr. Wil
<lb/>son's for 150
<hi rend="italic">l</hi>.—possibly it was an accommodation for a day or two—I</p>
<xptr type="pageFacsimile" doc="186402010037"/>
<p>wholly attended to the ledger—I raised a heading for each account; per
<lb/>haps with one or two exceptions—I was paid for what I did.</p>
<hi rend="smallCaps">MR. ORRIDGE</hi>.
<hi rend="italic">Q.</hi> Do you happen to remember the circumstances of that exchange of cheques, who was it asked for the exchange, Wilson or the prisoner?
<hi rend="italic">A.</hi> I do not remember; in my book I have an entry on either side, "Mr. Wilson, exchange, 150
<hi rend="italic">l</hi>. ",</p>
<hi rend="smallCaps">
<persName id="t18640201-name-101" type="witnessName">
<interp inst="t18640201-name-101" type="gender" value="male"/>
<interp inst="t18640201-name-101" type="surname" value="STACEY"/>
<interp inst="t18640201-name-101" type="given" value="WILLIAM"/>WILLIAM STACEY</persName> </hi> (
<hi rend="italic">re-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>). I sent this draft to Mr. Wilson on 30th March—he handed it back to me some time afterwards, it may have been a month after, or a fortnight, more or less, certainly not two months—I am quite sure it was before 5th June—he had made an alteration in it in his own writing—I never received any definite instruc
<lb/>tions that the partnership had gone off—he did not hand it back to me to complete it—I don't know what he handed it back to me for; it was cer
<lb/>tainly not for the purpose of going on with it—he did not give me any instructions at the time—he was at my office on other business, and he put it on the table—I do not recollect any conversation about it—he never gave me any instructions afterwards to proceed with it.</p>
<hi rend="smallCaps">MR. WILSON</hi> (
<hi rend="italic">re-examined</hi>) The prisoner was credited with the amount of his salary 83
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>.</p>
<hi rend="smallCaps">
<rs id="t18640201-237-verdict-1" type="verdictDescription">
<interp inst="t18640201-237-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18640201-237-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">There were three other indictments against the prisoner; his deficiency was stated to amount to about 800 l.
<rs id="t18640201-237-punishment-24" type="punishmentDescription">
<interp inst="t18640201-237-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t18640201-237-punishment-24" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-237-18640201 t18640201-237-punishment-24"/>Confined Eighteen Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18640201-238">
<interp inst="t18640201-238" type="uri" value="sessionsPapers/18640201"/>
<interp inst="t18640201-238" type="date" value="18640201"/>
<join result="criminalCharge" id="t18640201-238-charge-1" targOrder="Y" targets="def1-238-18640201 t18640201-238-offence-1 t18640201-238-verdict-1"/>
<persName id="def1-238-18640201" type="defendantName">
<interp inst="def1-238-18640201" type="gender" value="male"/>
<interp inst="def1-238-18640201" type="age" value="40"/>
<interp inst="def1-238-18640201" type="surname" value="EAGAN"/>
<interp inst="def1-238-18640201" type="given" value="PETER"/>
<hi rend="largeCaps">PETER EAGAN</hi> (40)</persName>
<rs id="t18640201-238-offence-1" type="offenceDescription">
<interp inst="t18640201-238-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18640201-238-offence-1" type="offenceSubcategory" value="burglary"/>, Burglary in the dwelling-house of
<persName id="t18640201-name-103" type="victimName">
<interp inst="t18640201-name-103" type="gender" value="male"/>
<interp inst="t18640201-name-103" type="surname" value="COOPER"/>
<interp inst="t18640201-name-103" type="given" value="EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18640201-238-offence-1 t18640201-name-103"/>Edward Cooper</persName>, and stealing therein a coat, two shirts, and other articles, his property.</rs> </p>
<hi rend="smallCaps">MR. KEMP</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18640201-name-104" type="witnessName">
<interp inst="t18640201-name-104" type="gender" value="male"/>
<interp inst="t18640201-name-104" type="surname" value="TILLYER"/>
<interp inst="t18640201-name-104" type="given" value="WILLIAM"/>WILLIAM TILLYER</persName> </hi> (
<hi rend="italic">Policeman, T</hi> 180). I am stationed at Hounslow—between the night and morning of 28th and 29th of January, I was on duty in the High-street—I received a communication, and proceeded towards Hounslow Church—I saw the prisoner, about a quarter-past 3, walking very fast down the town—he had some clothes with him, which I produce here; a coat, two shirts, two scarfs, and one collar—they have been identified—I stopped the prisoner and asked him what he had got—he said some clothes that he had picked up in the park—he then said there had been a shop broken into, and two men had gone down the lane—I said he must go back with me, and in going back we met Mr. Douglas—I stopped the prisoner about 200 yards from Mr. Cooper's house—he was then coming in the direc
<lb/>tion from Cooper's—I took him back to the shop—we found the shop had been broken into, part of the property was lying outside, two shutters were down, and a large square of plate glass broken—there was some blood on the glass—when we got to the station I looked at the prisoner's hands, and found his finger cut, and blood on it—I had seen the premises shortly before this, and the shutters were quite secure then.</p>
<hi rend="italic">Prisoner. Q.</hi> Did not I bawl out, "Police?"
<hi rend="italic">A.</hi> When you saw me running after you—I heard no one else calling out—the clothes were on your arm—when I asked you what you had got, you said, "Take these."</p>
<hi rend="smallCaps">
<persName id="t18640201-name-105" type="witnessName">
<interp inst="t18640201-name-105" type="gender" value="male"/>
<interp inst="t18640201-name-105" type="surname" value="DOUGLAS"/>
<interp inst="t18640201-name-105" type="given" value="JAMES RICHARD ALEXANDER"/>JAMES RICHARD ALEXANDER DOUGLAS</persName> </hi>. I am a surgeon at Hounslow, and live opposite Mr. Cooper's—on the morning of 29th January, about 3 o'clock, I was awoke by the breaking of glass—I got out of bed, went into another room, looked out of the window, and saw the figure of a man at Mr. Cooper's shop-window, in a crouching position—I did not see his face—it was moonlight—I opened the window, and said, "What are you doing?" "Who are you?" or some such words—he did not answer me at first, and then said, "All's right"—I then said, "What are you doing?" and he said,</p>
<xptr type="pageFacsimile" doc="186402010038"/>
<p>"Come and see"—from the tone of his voice, my impression was that he was an Irishman—I dressed myself as quickly as possible, went through my surgery, and across the road—I cried "Police!" first two or three times, and the man said, "There are no police here, "and then began calling" Police! "himself, and walked off quickly—when I crossed the road, I found some clothes there and the shop broken into—I rang the bell and aroused them—I did not notice, when the man walked away, whether he had clothes with him—I saw the prisoner in the hands of the police—I could not swear to his being the person who was at the shop—I did not see his face—I recognised his voice—I have heard him speak since he has been in custody—to the best of my belief he is the same person I saw at the shop.</p>
<hi rend="italic">Prisoner. Q.</hi> Did not I ask you to hurry and dress yourself, for the place was being broken into?
<hi rend="italic">A.</hi> No; I do not remember that—I heard you bawl out "Police!" repeatedly.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-106" type="witnessName">
<interp inst="t18640201-name-106" type="gender" value="male"/>
<interp inst="t18640201-name-106" type="surname" value="COOPER"/>
<interp inst="t18640201-name-106" type="given" value="EDWARD"/>EDWARD COOPER</persName> </hi>. I am a clothier at Hounslow—on the night of 28th January, we went to bed about 12—my house was in perfect safety at that time—these articles produced are my property—I missed them from my stock on the Friday morning—I saw the prisoner in the hands of the police.</p>
<hi rend="italic">Prisoner's Defence.</hi> I work for the 11th Hussars, at Hounslow, and have been in that neighbourhood over six months. On that night I was taking a drop of ale at the White Horse, and was afterwards going home to see if my lodgings were open. I passed by this shop, and two men came out and threw this bundle down, which I picked up. I took up a piece of glass at the same time, turned round, and saw the window broke. I bawled out "Police!" I did not go twenty yards away. I have a wife and four chil
<lb/>dren in London, and I support them by honest labour.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">MR. DOUGLAS</hi>.
<hi rend="italic">Q.</hi> How long was it after you heard the glass smash that you looked out of the window?
<hi rend="italic">A.</hi> Almost directly—I had to go into another room which adjoins; it did not take long.</p>
<hi rend="smallCaps">
<rs id="t18640201-238-verdict-1" type="verdictDescription">
<interp inst="t18640201-238-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18640201-238-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18640201-238-punishment-25" type="punishmentDescription">
<interp inst="t18640201-238-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t18640201-238-punishment-25" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-238-18640201 t18640201-238-punishment-25"/>Confined Six Months</rs>.</hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, February</hi> 2
<hi rend="italic">nd</hi>, 1864.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18640201-239">
<interp inst="t18640201-239" type="uri" value="sessionsPapers/18640201"/>
<interp inst="t18640201-239" type="date" value="18640201"/>
<join result="criminalCharge" id="t18640201-239-charge-1" targOrder="Y" targets="def1-239-18640201 t18640201-239-offence-1 t18640201-239-verdict-1"/>
<persName id="def1-239-18640201" type="defendantName">
<interp inst="def1-239-18640201" type="gender" value="male"/>
<interp inst="def1-239-18640201" type="age" value="17"/>
<interp inst="def1-239-18640201" type="surname" value="SMITH"/>
<interp inst="def1-239-18640201" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS SMITH</hi> (17)</persName>
<rs id="t18640201-239-offence-1" type="offenceDescription">
<interp inst="t18640201-239-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18640201-239-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MESSRS. CRAUFURD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">POLAND</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18640201-name-108" type="witnessName">
<interp inst="t18640201-name-108" type="gender" value="female"/>
<interp inst="t18640201-name-108" type="surname" value="WHITTLESEA"/>
<interp inst="t18640201-name-108" type="given" value="HANNAH"/>HANNAH WHITTLESEA</persName> </hi>. I live with my brother at 27, Chapel-street, Curtain-road—it is a beer shop and corn-chandler's—on Friday, 22
<hi rend="italic">d</hi> January, the prisoner came in for half a pint of beer—I served him; it came to a penny—he gave me a florin—I laid it on top of the bar, and gave him the change—he left without drinking the ale, and I looked at the florin and found it was bad—I broke it and gave it to a policeman next day—I did not mix it with the other money.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-109" type="witnessName">
<interp inst="t18640201-name-109" type="gender" value="female"/>
<interp inst="t18640201-name-109" type="surname" value="WHITTLESEA"/>
<interp inst="t18640201-name-109" type="given" value="ELIZA"/>ELIZA WHITTLESEA</persName> </hi>. I am the sister of the last witness—on 23
<hi rend="italic">d</hi> January I served the prisoner with half a pint of ale, and he gave me a florin—I told him it was bad—I had not seen him when he came the day before—he said that he would pay me—I said, "No, we shall not have any pay; we meant to take the first person that came with bad money"—he was given in charge.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-110" type="witnessName">
<interp inst="t18640201-name-110" type="gender" value="male"/>
<interp inst="t18640201-name-110" type="surname" value="WHITTLE"/>
<interp inst="t18640201-name-110" type="given" value="EDWIN"/>EDWIN WHITTLE</persName> </hi> (
<hi rend="italic">Policeman, G</hi> 186) On Saturday, 23
<hi rend="italic">d</hi> January, the prisoner was given into my custody with this florin—he said he was not aware that it was bad, and denied having been in the shop on Friday, but</p>
<xptr type="pageFacsimile" doc="186402010039"/>
<p>afterwards said, "If you will not go hard against me, I will own to it, that I did go in and pass it, but I was not aware it was bad"—I took him to the station and found two halfpence on him—he said that he picked the coin up in the street in a piece of paper.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-111" type="witnessName">
<interp inst="t18640201-name-111" type="gender" value="male"/>
<interp inst="t18640201-name-111" type="surname" value="WEBSTER"/>
<interp inst="t18640201-name-111" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These coins are both bad, and from the same mould.</p>
<hi rend="italic">Prisoner's Defence.</hi> I did not know that they were bad.</p>
<rs id="t18640201-239-verdict-1" type="verdictDescription">
<interp inst="t18640201-239-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18640201-239-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>.—
<hi rend="italic">Recommended to mercy by the Jury, on account of his youth.</hi> </rs></p>
<hi rend="italic">
<rs id="t18640201-239-punishment-26" type="punishmentDescription">
<interp inst="t18640201-239-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t18640201-239-punishment-26" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-239-18640201 t18640201-239-punishment-26"/>Confined Six Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18640201-240">
<interp inst="t18640201-240" type="uri" value="sessionsPapers/18640201"/>
<interp inst="t18640201-240" type="date" value="18640201"/>
<join result="criminalCharge" id="t18640201-240-charge-1" targOrder="Y" targets="def1-240-18640201 t18640201-240-offence-1 t18640201-240-verdict-1"/>
<persName id="def1-240-18640201" type="defendantName">
<interp inst="def1-240-18640201" type="gender" value="male"/>
<interp inst="def1-240-18640201" type="age" value="33"/>
<interp inst="def1-240-18640201" type="surname" value="ODWELL"/>
<interp inst="def1-240-18640201" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY ODWELL</hi> (33)</persName>
<rs id="t18640201-240-offence-1" type="offenceDescription">
<interp inst="t18640201-240-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18640201-240-offence-1" type="offenceSubcategory" value="fraud"/>, Unlawfully obtaining 115
<hi rend="italic">lbs.</hi> of mutton by false pretences.</rs> </p>
<hi rend="smallCaps">
<persName id="t18640201-name-113" type="witnessName">
<interp inst="t18640201-name-113" type="gender" value="male"/>
<interp inst="t18640201-name-113" type="surname" value="FOSKETT"/>
<interp inst="t18640201-name-113" type="given" value="GEORGE"/>GEORGE FOSKETT</persName> </hi>. I carry on business at 28, Newgate-market—Thomas Hales of Woodstock-street, is a customer of mine—on 28th November, about half-past 11 or 12 o'clock, the prisoner came and said, "I have come for some shoulders of mutton for Mr. Hales"—I said, "Do you mean Mr. Thomas Hales?"—he said, "Yes"—I delivered eleven shoulders of mutton to him, and he took them away—he afterwards came back, and said that he wanted twelve—I put them in the scale again and weighed them; they weighed 115 lbs.—he said, "That will do," and took them away—I saw him ten days afterwards, and said, "Have you found those shoulders of mutton?"—he said, "No"—I said, "You must go to Mr. Hales"—he said that he had been, and could not make out anything about him—I never saw him again—I believe I had seen him before in the market—I delivered them be
<lb/>cause I believed he came from Mr. Hales.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-114" type="witnessName">
<interp inst="t18640201-name-114" type="gender" value="male"/>
<interp inst="t18640201-name-114" type="surname" value="HALES"/>
<interp inst="t18640201-name-114" type="given" value="THOMAS"/>THOMAS HALES</persName> </hi>. I carry on business in Woodstock-street, and occasionally deal with Mr. Foskett—I never authorised the prisoner to go there for any mutton, nor did he bring me any—I never saw these shoulders—I may have spoken to him.</p>
<hi rend="italic">Prisoner's Defence.</hi> I was sent by a butcher, who came up in a cart for twelve shoulders, in the name of Hales. He gave me only eleven; there were six first, and then five. I went back and said that there were only eleven. I fetched them, and they weighed the same as if there were twelve.</p>
<hi rend="smallCaps">JURY</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">GEORGE FOSKETT</hi>.
<hi rend="italic">Q.</hi> Is he a regular porter in the market?
<hi rend="italic">A.</hi> I believe so—he has not concealed himself since to my knowledge—it is not usual to supply goods without an order, but believing he was a porter, and saying he came from Mr. Hales, I let him have it.</p>
<hi rend="smallCaps">
<rs id="t18640201-240-verdict-1" type="verdictDescription">
<interp inst="t18640201-240-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18640201-240-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18640201-241">
<interp inst="t18640201-241" type="uri" value="sessionsPapers/18640201"/>
<interp inst="t18640201-241" type="date" value="18640201"/>
<join result="criminalCharge" id="t18640201-241-charge-1" targOrder="Y" targets="def1-241-18640201 t18640201-241-offence-1 t18640201-241-verdict-1"/>
<persName id="def1-241-18640201" type="defendantName">
<interp inst="def1-241-18640201" type="gender" value="male"/>
<interp inst="def1-241-18640201" type="age" value="27"/>
<interp inst="def1-241-18640201" type="surname" value="TOOMNEY"/>
<interp inst="def1-241-18640201" type="given" value="DENNIS"/>
<hi rend="largeCaps">DENNIS TOOMNEY</hi> (27)</persName>
<rs id="t18640201-241-offence-1" type="offenceDescription">
<interp inst="t18640201-241-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18640201-241-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously throwing hot water over
<persName id="t18640201-name-116" type="victimName">
<interp inst="t18640201-name-116" type="gender" value="male"/>
<interp inst="t18640201-name-116" type="surname" value="BROWN"/>
<interp inst="t18640201-name-116" type="given" value="OWEN"/>
<join result="offenceVictim" targOrder="Y" targets="t18640201-241-offence-1 t18640201-name-116"/>Owen Brown</persName>, with intent to do him some grievous bodily harm.</rs> </p>
<hi rend="smallCaps">MR. ATKINSON</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18640201-name-117" type="witnessName">
<interp inst="t18640201-name-117" type="gender" value="male"/>
<interp inst="t18640201-name-117" type="surname" value="BROWN"/>
<interp inst="t18640201-name-117" type="given" value="OWEN"/>OWEN BROWN</persName> </hi>. I am a labourer at the Chartered Gas Works—on 2
<hi rend="italic">d</hi> January the prisoner was a fellow labourer with me, and has been since the first part of the winter—I have worked there for years—we had some words about a quarter to 1 o'clock on Saturday, when he came out of the retort—we struck work, and I told him to put another shovel or two of coals on the retort—he looked at me and struck me—I said to my foreman, "I shall not work with that man again"—he struck me again, and the foreman parted us and sent him to another gang—about half-past 3 we were having tea in a place called the lobby—the prisoner belonged to the other lobby, but he came into our lobby and said, so help him God, he would scald me before the day be out—he then left the room smoking his pipe—I said, "You</p>
<xptr type="pageFacsimile" doc="186402010040"/>
<p>won't, because we are parted now, and there is no more of it"—after I had had my tea, I was smoking my pipe, and saw him come in with a tin can of boiling water, with a handle to it, which we boil our tea in—he never said a word—I was just coming out of the lobby door, and saw him with his gloves on, putting his hand under the bottom of the tin—I stooped, and it all went over my back—I have no bad feeling against him, and do not want to prosecute him, but his passion ought to have cooled since half-past 1 o'clock.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WILLIAMS</hi>.
<hi rend="italic">Q.</hi> Are you both Irishmen?
<hi rend="italic">A.</hi> Yes—we had not been both quarrelling all the morning, nor from 1 o'clock to 3—I struck him once in the face, but I did not cut him, or give him a black eye—after he scalded me, they saw him to the lobby, and one struck him and another struck him—I own that we were fighting between 1 o'clock and half-past—he did not get the worst of it from me, but he would have had if I had got the chance—when we were parted, I did not threaten what I would do when I got him outside, but he came and told me he would scald me—my mates and I did not go and laugh at him.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-118" type="witnessName">
<interp inst="t18640201-name-118" type="gender" value="male"/>
<interp inst="t18640201-name-118" type="surname" value="BURKE"/>
<interp inst="t18640201-name-118" type="given" value="WILLIAM"/>WILLIAM BURKE</persName> </hi>. I work at the gas manufactory—as I was having my tea in the lobby the prisoner said to Brown, "I shall scald you before the day is out"—he left the lobby and came back in ten minutes or a quarter of an hour, with a can of boiling water, but I did not see him throw it over Brown.</p>
<hi rend="italic">Cross-examined. Q.</hi> Were you present when they were fighting?
<hi rend="italic">A.</hi> When they had the quarrel after the water was thrown, not before.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-119" type="witnessName">
<interp inst="t18640201-name-119" type="gender" value="male"/>
<interp inst="t18640201-name-119" type="surname" value="TINNEY"/>
<interp inst="t18640201-name-119" type="given" value="MICHAEL"/>MICHAEL TINNEY</persName> </hi>. I am a labourer at these gas works—I was at a dis
<lb/>tance of thirty or forty yards, and saw the two men struggling together, and heard them having words—some one said he should put a can of water in the lobby to scald Brown; I lifted my head up, and I believe it was the prisoner who spoke.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-120" type="witnessName">
<interp inst="t18640201-name-120" type="gender" value="male"/>
<interp inst="t18640201-name-120" type="surname" value="PEARCE"/>
<interp inst="t18640201-name-120" type="given" value="GEORGE"/>GEORGE PEARCE</persName> </hi>. I am a surgeon—Brown was brought to my surgery on 2
<hi rend="italic">d</hi> January, severely scalded over the neck, shoulders, and breast—he was under my care some days—I overtook him in the hospital—he was there fifteen days, and he came under my care afterwards.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-121" type="witnessName">
<interp inst="t18640201-name-121" type="gender" value="male"/>
<interp inst="t18640201-name-121" type="surname" value="BUCKLEY"/>
<interp inst="t18640201-name-121" type="given" value="EDMUND"/>EDMUND BUCKLEY</persName> </hi> (
<hi rend="italic">Policeman, B</hi> 17). I took the prisoner at the factory—he was cut over one of his eyes, and his face was cut with gravel—he said that Brown and he had quarrelled, he was not strong enough for Brown, and threw the water over him and had his revenge.</p>
<hi rend="smallCaps">
<rs id="t18640201-241-verdict-1" type="verdictDescription">
<interp inst="t18640201-241-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18640201-241-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18640201-241-punishment-27" type="punishmentDescription">
<interp inst="t18640201-241-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t18640201-241-punishment-27" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-241-18640201 t18640201-241-punishment-27"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18640201-242">
<interp inst="t18640201-242" type="uri" value="sessionsPapers/18640201"/>
<interp inst="t18640201-242" type="date" value="18640201"/>
<join result="criminalCharge" id="t18640201-242-charge-1" targOrder="Y" targets="def1-242-18640201 t18640201-242-offence-1 t18640201-242-verdict-1"/>
<persName id="def1-242-18640201" type="defendantName">
<interp inst="def1-242-18640201" type="gender" value="male"/>
<interp inst="def1-242-18640201" type="age" value="30"/>
<interp inst="def1-242-18640201" type="surname" value="LINGARD"/>
<interp inst="def1-242-18640201" type="given" value="HENRY HORACE"/>
<hi rend="largeCaps">HENRY HORACE LINGARD</hi> (30)</persName>
<rs id="t18640201-242-offence-1" type="offenceDescription">
<interp inst="t18640201-242-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18640201-242-offence-1" type="offenceSubcategory" value="fraud"/>, Unlawfully obtaining 2 coats, 1 waistcoat, and a pair of trousers, by false pretences.
<hi rend="italic">Second count</hi>, unlawfully attempting to obtain 10 coats, 20 shirts, and other goods.</rs> </p>
<hi rend="smallCaps">MR. COOPER</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18640201-name-123" type="witnessName">
<interp inst="t18640201-name-123" type="gender" value="male"/>
<interp inst="t18640201-name-123" type="surname" value="CAIGER"/>
<interp inst="t18640201-name-123" type="given" value="WILLIAM"/>WILLIAM CAIGER</persName> </hi>. I am assistant to Mr. Mills, a clothier, of 1 and 3, Ald gate—on Saturday, 6th January, the prisoner came in a phæton with one horse, and said that he wanted several articles of clothing—I showed him some, amounting to 21
<hi rend="italic">l</hi>. 17
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—he put on a coat, waistcoat, pair of trousers, and overcoat, and told me to send the remainder to the Goat's Head, Farn
<lb/>ham—I said that it was against the rules of the establishment to allow him to take the goods away without paying for them, and he said that he would draw a cheque for the amount—I said, "Will you do so? Have you a cheque-book with you?"—he said, "No," and I furnished him with half a sheet of note paper at his request—I believe this (
<hi rend="italic">produced</hi>) to be it—I then called Mr. Millhouse, the manager of the hosiery department, and handed him over to</p>
<xptr type="pageFacsimile" doc="186402010041"/>
<p>him—I was not present when the prisoner chose the hosiery—Mr. Mill-house was present when the cheque was given—that was about 2 o'clock, or rather later—I sent it to the bank, and the man returned in about half an hour.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COOPER</hi>.
<hi rend="italic">Q.</hi> Did you send for some port wine for him?
<hi rend="italic">A.</hi> No; Mr. Millhouse did—I did not see him take it—I saw him smoking—he drew the cheque before he had the wine—he did not tell me that he had a theatrical establishment at Farnham, or that he had been performing the ghost—he said that he was going to get married, and I understand he has been performing the ghost—he was there about half an hour, and then went to the hosiery department—we never take cheques, and I did not ask him for one; I should not have allowed him to go until we were satisfed of its validity—the cashier put the stamp on.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-124" type="witnessName">
<interp inst="t18640201-name-124" type="gender" value="male"/>
<interp inst="t18640201-name-124" type="surname" value="MILLHOUSE"/>
<interp inst="t18640201-name-124" type="given" value="JOSEPH"/>JOSEPH MILLHOUSE</persName> </hi>. I am manager to Thomas Mills, a clothier of Ald
<lb/>gate—on 2
<hi rend="italic">d</hi> January, between 2 and 3 o'clock, the prisoner was handed over to me—I was present when he gave the cheque, and then conducted him into the hosiery department—after selecting goods to the amount of 53
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. he complained of being in a very low state, and asked me if I had any wine in the house—he then had about three glasses of wine and a cigar—he asked me to recommend him to a house where he could dine, which I did—he then had on a suit of clothes and an overcoat belonging to our house—he asked me if I would dine with him—I said that I had no objection, and did so—after we had dined the waiter said to him, "Have you paid?"—he said, "No; my friend will pay; "and he asked me to put it down in the bill—I then paid, and we returned to the hosiery department—I saw the man who had carried the cheque to the bank—he brought it back, and I told the prisoner that the bank was closed, and it would be necessary for him to pay for the goods he had on—he said that he had no money about him, but if I would send or go with him to Ovington-square, where his wife was residing, he would give me 6
<hi rend="italic">l</hi>. for the goods he had on, and a cheque on Coutts' for the balance, having a balance there; if I recollect right, of over 200
<hi rend="italic">l</hi>.—I drove with him to 4, Ovington-square, in the phaeton which he had outside—he then got out and knocked at the door—I followed close after him, leaving the phaeton there with the coachman and driver—the knock was answered—he asked for some name which I could not catch—he repeated the name again, and the door was closed—he then got into the phaeton again—I followed him and said, "Well, was your wife not at home?"—he said, "Oh! it is my sister-in-law who is residing there"—I asked him where he was going—he said, "To the livery-stable where I engaged the trap from this morning—we drove to Keppel-street where he was about leaving, but the coachman asked him for payment—he said, "You have my address; I shall require it again to-morrow"—we got into a cab, but by that time Mr. Hicks, the proprietor, came up and asked him to step into his counting-house—Mr. Hicks asked him for payment—he said that he had no money, and eventually he had to give up the under
<lb/>coat in payment for the carriage—we then returned to the cab, and I said, "Now where are you going to?"—he said, "You must go with me to my sister"—I said, "Where does she live?"—he said, "At Butler's-buildings, East Smithfield—I said, "That is a strange contrast to Ovington-square"—when we got to Cheapside I made the excuse to go to the shop, of having an appointment there at 7 o'clock—he did not want me to do so, but the cabman took us to 1, Aldgate—I asked him to get out of the cab, and step inside—he wished to remain in the cab, but I got him inside, and told him</p>
<xptr type="pageFacsimile" doc="186402010042"/>
<p>I thought he had come there with the intention of swindling us, sent for a policeman, and gave him in charge.</p>
<hi rend="italic">Cross-examined. Q.</hi> Did you send for the wine for him?
<hi rend="italic">A.</hi> Yes; he asked me for it—I sent for half a pint of wine, and some cigars—he had some part of the purchases then—I dined with him because, knowing he had our clothes on, I would not leave him—I had often dined at that house—he ordered a bottle of sherry at dinner; he had three glasses of it, and I had two; about three-parts of it were left—he made no purchase after that—the man came back from the Provident Bank before I went to dinner, but I did not know the result till I returned—when he was selecting the goods he said that his wife would be quite pleased and delighted with them—I saw no lady at Ovington-square, only the female servant—I have heard that the prisoner has been performing the ghost all over the country—I do not know that the apparatus for it is now at Farnham—there was no stamp on the cheque at the time it was given.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-125" type="witnessName">
<interp inst="t18640201-name-125" type="gender" value="male"/>
<interp inst="t18640201-name-125" type="surname" value="HICKS"/>
<interp inst="t18640201-name-125" type="given" value="CHARLES"/>CHARLES HICKS</persName> </hi>. I am a livery-stable keeper, of Keppel-street—I was away when the prisoner had the phaeton, but saw him when he returned at night.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-126" type="witnessName">
<interp inst="t18640201-name-126" type="gender" value="male"/>
<interp inst="t18640201-name-126" type="surname" value="DOWN"/>
<interp inst="t18640201-name-126" type="given" value="JAMES"/>JAMES DOWN</persName> </hi>. I am a tailor, of 179, Strand—on 2
<hi rend="italic">d</hi> January, between 12 and 1 o'clock, the prisoner called in a four-wheeled carriage, with a livery
<lb/>servant, and selected a coat, value 2
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>.—he asked for a piece of paper to write a cheque, which I gave him, and he filled it up as it is now (
<hi rend="italic">produced</hi>)—I said that our custom was, on receiving a cheque from an entire stranger, to get it cashed before delivering the goods; that I would send the coat to his address, or he could call in half an hour, which he agreed to do—I sent the cheque to the bank by a messenger, who brought it back—the prisoner returned in about half an hour—I told him I could obtain no money for the cheque, and I considered it an ungentlemanly transaction, and little short of swindling—he immediately mounted his chaise, and drove off.</p>
<hi rend="italic">Cross-examined. Q.</hi> Is the messenger here?
<hi rend="italic">A.</hi> No.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-127" type="witnessName">
<interp inst="t18640201-name-127" type="gender" value="male"/>
<interp inst="t18640201-name-127" type="surname" value="DENNING"/>
<interp inst="t18640201-name-127" type="given" value="JOHN LOVELL"/>JOHN LOVELL DENNING</persName> </hi>. I am a clerk in the Provident Savings Bank, St. Martin's-place—the prisoner has no account there, nor had he on 2
<hi rend="italic">d</hi> January—we never pay by cheques—he opened an account there in March, 1860, and paid in 25
<hi rend="italic">l</hi>.—I received the amount, and it is entered in the ledger in the usual way, and has been written off—I have examined the ledger, and examined the receipt.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Is yours an ordinary savings' bank?
<hi rend="italic">A.</hi> Yes; persons can only draw out by producing their deposit-book, or by power of attorney.</p>
<hi rend="italic">Cross-examined. Q.</hi> Do you recollect his making inquiries about a minor's account?
<hi rend="italic">A.</hi> Yes; he made no claim to it, and had no right to it—it was only 16
<hi rend="italic">l</hi>.—the bank is, "The Provident Institution Savings Bank, St. Martin's-place"—I have examined the entries in the books—they are in my writing since 1859, except when I have been away—if he had money there I should see his name in the index.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-128" type="witnessName">
<interp inst="t18640201-name-128" type="gender" value="male"/>
<interp inst="t18640201-name-128" type="surname" value="CORLIGN"/>
<interp inst="t18640201-name-128" type="given" value="FRANCIS JOHN"/>FRANCIS JOHN CORLIGN</persName> </hi>. I am a clerk, in the employment of Messrs. Coutts—we have no account in the name of Henry Horace Lingard, and have not had for years.</p>
<hi rend="italic">Cross-examined. Q.</hi> Have you the books here?
<hi rend="italic">A.</hi> No; I could not bring any book to prove that he had no account; if he had an account I could prove it—every person who opens an account signs a book—I have not got that book here—he had no account there in January last.</p>
<hi rend="smallCaps">
<persName id="t18640201-name-129" type="witnessName">
<interp inst="t18640201-name-129" type="gender" value="female"/>
<interp inst="t18640201-name-129" type="surname" value="COOK"/>
<interp inst="t18640201-name-129" type="given" value="MARY"/>MARY COOK</persName> </hi>. On 2
<hi rend="italic">d</hi> January, I was housemaid at Mr. Simms, 4,</p>
<xptr type="pageFacsimile" doc="186402010043"/>
<p>Ovington-square—he is the only person residing there—he is not married—on 2
<hi rend="italic">d</hi> January, the prisoner called in a phaeton, and asked for Sarah—I did not know who Sarah was—he only asked once, and I shut the door in his face—I had seen him once before, and he asked for Sarah then—no person named Linguard lives there—I have lived there since September.</p>
<hi rend="italic">Cross-examined. Q.</hi> Will you undertake to say that there is no Sarah in any of the houses in the square?
<hi rend="italic">A.</hi> There is a Sarah in our house; she is the housekeeper, Sarah Cook—I knew she was not the Sarah—when he called before I treated him in the same way—she never talks of a brother or lover who goes about the country performing.</p>
<hi rend="smallCaps">MR. COOPER</hi>.
<hi rend="italic">Q.</hi> Is she your sister?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">J. L. DENNING</hi>.
<hi rend="italic">Q.</hi> Is there any Providence Bank in Trafalgar-square?
<hi rend="italic">A.</hi> Not that I am aware of, and I have known the square some years.</p>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> Are there any banks in Trafalgar-square?
<hi rend="italic">A.</hi> No.</p>
<hi rend="smallCaps">
<rs id="t18640201-242-verdict-1" type="verdictDescription">
<interp inst="t18640201-242-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18640201-242-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">He received a good character.—
<rs id="t18640201-242-punishment-28" type="punishmentDescription">
<interp inst="t18640201-242-punishment-28" type="punishmentCategory" value="imprison"/>
<interp inst="t18640201-242-punishment-28" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-242-18640201 t18640201-242-punishment-28"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<hi rend="italic">The following prisoners</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>:—</p>
<div1 type="trialAccount" id="t18640201-243">
<interp inst="t18640201-243" type="uri" value="sessionsPapers/18640201"/>
<interp inst="t18640201-243" type="date" value="18640201"/>
<join result="criminalCharge" id="t18640201-243-charge-1" targOrder="Y" targets="def1-243-18640201 t18640201-243-offence-1 t18640201-243-verdict-1"/>
<persName id="def1-243-18640201" type="defendantName">
<interp inst="def1-243-18640201" type="gender" value="male"/>
<interp inst="def1-243-18640201" type="age" value="18"/>
<interp inst="def1-243-18640201" type="surname" value="ALLEN"/>
<interp inst="def1-243-18640201" type="given" value="THOMAS MICHAEL"/>
<hi rend="largeCaps">THOMAS MICHAEL ALLEN</hi> (18)</persName>
<rs id="t18640201-243-offence-1" type="offenceDescription">
<interp inst="t18640201-243-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18640201-243-offence-1" type="offenceSubcategory" value="mail"/>, to stealing a post-letter, containing a pair of gloves, and 2 half-sovereigns, the property of
<persName id="t18640201-name-131" type="victimName">
<interp inst="t18640201-name-131" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18640201-243-offence-1 t18640201-name-131"/>Her Majesty's Postmaster-General</persName>.—</rs>
<rs id="t18640201-243-verdict-1" type="verdictDescription">
<interp inst="t18640201-243-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18640201-243-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image.]</rs>
<rs id="t18640201-243-punishment-29" type="punishmentDescription">
<interp inst="t18640201-243-punishment-29" type="punishmentCategory" value="imprison"/>
<interp inst="t18640201-243-punishment-29" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-243-18640201 t18640201-243-punishment-29"/>
<hi rend="italic">Confined Eighteen Months.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18640201-244">
<interp inst="t18640201-244" type="uri" value="sessionsPapers/18640201"/>
<interp inst="t18640201-244" type="date" value="18640201"/>
<join result="criminalCharge" id="t18640201-244-charge-1" targOrder="Y" targets="def1-244-18640201 t18640201-244-offence-1 t18640201-244-verdict-1"/>
<persName id="def1-244-18640201" type="defendantName">
<interp inst="def1-244-18640201" type="gender" value="male"/>
<interp inst="def1-244-18640201" type="age" value="36"/>
<interp inst="def1-244-18640201" type="surname" value="DIXON"/>
<interp inst="def1-244-18640201" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM DIXON</hi> (36)</persName>
<rs id="t18640201-244-offence-1" type="offenceDescription">
<interp inst="t18640201-244-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18640201-244-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, to stealing 1 gross of memorandum-books, value 39
<hi rend="italic">s</hi>. the property of
<persName id="t18640201-name-133" type="victimName">
<interp inst="t18640201-name-133" type="gender" value="male"/>
<interp inst="t18640201-name-133" type="surname" value="SPELLER"/>
<interp inst="t18640201-name-133" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18640201-244-offence-1 t18640201-name-133"/>James Speller</persName>.</rs>
<rs id="t18640201-244-verdict-1" type="verdictDescription">
<interp inst="t18640201-244-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18640201-244-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image.]</rs>
<rs id="t18640201-244-punishment-30" type="punishmentDescription">
<interp inst="t18640201-244-punishment-30" type="punishmentCategory" value="imprison"/>
<interp inst="t18640201-244-punishment-30" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-244-18640201 t18640201-244-punishment-30"/>
<hi rend="italic">Confined Nine Months.</hi> </rs> And</p> </div1>
<div1 type="trialAccount" id="t18640201-245">
<interp inst="t18640201-245" type="uri" value="sessionsPapers/18640201"/>
<interp inst="t18640201-245" type="date" value="18640201"/>
<join result="criminalCharge" id="t18640201-245-charge-1" targOrder="Y" targets="def1-245-18640201 t18640201-245-offence-1 t18640201-245-verdict-1"/>
<persName id="def1-245-18640201" type="defendantName">
<interp inst="def1-245-18640201" type="gender" value="male"/>
<interp inst="def1-245-18640201" type="age" value="20"/>
<interp inst="def1-245-18640201" type="surname" value="JONES"/>
<interp inst="def1-245-18640201" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM JONES</hi>** (20)</persName>
<rs id="t18640201-245-offence-1" type="offenceDescription">
<interp inst="t18640201-245-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18640201-245-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, to stealing 1 ring, value 2
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. the property of
<persName id="t18640201-name-135" type="victimName">
<interp inst="t18640201-name-135" type="gender" value="male"/>
<interp inst="t18640201-name-135" type="surname" value="DEFREES"/>
<interp inst="t18640201-name-135" type="given" value="HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18640201-245-offence-1 t18640201-name-135"/>Henry Defrees</persName>.—</rs>
<rs id="t18640201-245-verdict-1" type="verdictDescription">
<interp inst="t18640201-245-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18640201-245-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image.]</rs>
<rs id="t18640201-245-punishment-31" type="punishmentDescription">
<interp inst="t18640201-245-punishment-31" type="punishmentCategory" value="imprison"/>
<interp inst="t18640201-245-punishment-31" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-245-18640201 t18640201-245-punishment-31"/>
<hi rend="italic">Confined Eighteen Months.</hi> </rs> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, February</hi> 3
<hi rend="italic">d, and Thursday, February</hi> 4
<hi rend="italic">th</hi>, 1864.</p>
<hi rend="italic">Before Mr. Baron Bramwell.</hi> </p>
<div1 type="trialAccount" id="t18640201-246">
<interp inst="t18640201-246" type="uri" value="sessionsPapers/18640201"/>
<interp inst="t18640201-246" type="date" value="18640201"/>
<join result="criminalCharge" id="t18640201-246-charge-1" targOrder="Y" targets="def1-246-18640201 t18640201-246-offence-1 t18640201-246-verdict-1"/>
<join result="criminalCharge" id="t18640201-246-charge-2" targOrder="Y" targets="def2-246-18640201 t18640201-246-offence-1 t18640201-246-verdict-1"/>
<join result="criminalCharge" id="t18640201-246-charge-3" targOrder="Y" targets="def3-246-18640201 t18640201-246-offence-1 t18640201-246-verdict-1"/>
<join result="criminalCharge" id="t18640201-246-charge-4" targOrder="Y" targets="def4-246-18640201 t18640201-246-offence-1 t18640201-246-verdict-1"/>
<join result="criminalCharge" id="t18640201-246-charge-5" targOrder="Y" targets="def5-246-18640201 t18640201-246-offence-1 t18640201-246-verdict-2"/>
<join result="criminalCharge" id="t18640201-246-charge-6" targOrder="Y" targets="def6-246-18640201 t18640201-246-offence-1 t18640201-246-verdict-1"/>
<join result="criminalCharge" id="t18640201-246-charge-7" targOrder="Y" targets="def7-246-18640201 t18640201-246-offence-1 t18640201-246-verdict-1"/>
<join result="criminalCharge" id="t18640201-246-charge-8" targOrder="Y" targets="def8-246-18640201 t18640201-246-offence-1 t18640201-246-verdict-1"/>
<persName id="def1-246-18640201" type="defendantName">
<interp inst="def1-246-18640201" type="gender" value="male"/>
<interp inst="def1-246-18640201" type="age" value="22"/>
<interp inst="def1-246-18640201" type="surname" value="LYONS"/>
<interp inst="def1-246-18640201" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN LYONS</hi> (22)</persName>,
<persName id="def2-246-18640201" type="defendantName">
<interp inst="def2-246-18640201" type="gender" value="male"/>
<interp inst="def2-246-18640201" type="age" value="23"/>
<interp inst="def2-246-18640201" type="surname" value="BLANCO"/>
<interp inst="def2-246-18640201" type="given" value="FRANCISCO"/>
<hi rend="largeCaps">FRANCISCO BLANCO</hi> (23)</persName>,
<persName id="def3-246-18640201" type="defendantName">
<interp inst="def3-246-18640201" type="gender" value="male"/>
<interp inst="def3-246-18640201" type="age" value="25"/>
<interp inst="def3-246-18640201" type="surname" value="AMBROSIO"/>
<interp inst="def3-246-18640201" type="given" value=""/>
<hi rend="largeCaps">AMBROSIO</hi>,
<hi rend="italic">alias</hi>
<hi rend="largeCaps">MAURICIO DURANNO</hi> (25)</persName>,
<persName id="def4-246-18640201" type="defendantName">
<interp inst="def4-246-18640201" type="gender" value="male"/>
<interp inst="def4-246-18640201" type="age" value="22"/>
<interp inst="def4-246-18640201" type="surname" value="SANTOS"/>
<interp inst="def4-246-18640201" type="given" value="BASILIO DE LOS"/>
<hi rend="largeCaps">BASILIO DE LOS SANTOS</hi>,
<hi rend="italic">alias</hi>
<hi rend="largeCaps">JOSEPH SANDO</hi> (22)</persName>,
<persName id="def5-246-18640201" type="defendantName">
<interp inst="def5-246-18640201" type="gender" value="male"/>
<interp inst="def5-246-18640201" type="age" value="21"/>
<interp inst="def5-246-18640201" type="surname" value="CARLOS"/>
<interp inst="def5-246-18640201" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE CARLOS</hi> (21)</persName>,
<persName id="def6-246-18640201" type="defendantName">
<interp inst="def6-246-18640201" type="gender" value="male"/>
<interp inst="def6-246-18640201" type="age" value="23"/>
<interp inst="def6-246-18640201" type="surname" value="WATTER"/>
<interp inst="def6-246-18640201" type="given" value="MARCUS"/>
<hi rend="largeCaps">MARCUS WATTER</hi>,
<hi rend="italic">alias</hi>
<hi rend="largeCaps">MARCO WATTO</hi> (23)</persName>,
<persName id="def7-246-18640201" type="defendantName">
<interp inst="def7-246-18640201" type="gender" value="male"/>
<interp inst="def7-246-18640201" type="age" value="32"/>
<interp inst="def7-246-18640201" type="surname" value="MARCELINO"/>
<interp inst="def7-246-18640201" type="given" value=""/>
<hi rend="largeCaps">MARCELINO</hi> (32)</persName>, and
<persName id="def8-246-18640201" type="defendantName">
<interp inst="def8-246-18640201" type="gender" value="male"/>
<interp inst="def8-246-18640201" type="age" value="22"/>
<interp inst="def8-246-18640201" type="surname" value="LOPEZ"/>
<interp inst="def8-246-18640201" type="given" value="MIGUEL"/>
<hi rend="largeCaps">MIGUEL LOPEZ</hi>,
<hi rend="italic">alias</hi>
<hi rend="largeCaps">JOSEPH CHANCIS</hi>,
<hi rend="italic">alias</hi> "
<hi rend="largeCaps">THE CATALAN</hi> </persName>" (22),
<rs id="t18640201-246-offence-1" type="offenceDescription">
<interp inst="t18640201-246-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18640201-246-offence-1" type="offenceSubcategory" value="murder"/>were indicted for the wilful murder of
<persName id="t18640201-name-144" type="victimName">
<interp inst="t18640201-name-144" type="gender" value="male"/>
<interp inst="t18640201-name-144" type="surname" value="SMITH"/>
<interp inst="t18640201-name-144" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18640201-246-offence-1 t18640201-name-144"/>John Smith</persName>, upon the high seas, within the jurisdiction of the Admiralty of England.</rs> </p>
<hi rend="smallCaps">
<persName id="t18640201-name-145" type="witnessName">
<interp inst="t18640201-name-145" type="gender" value="indeterminate"/>
<interp inst="t18640201-name-145" type="surname" value="GENERAL"/>
<interp inst="t18640201-name-145" type="given" value="SOLICITOR"/>MR. SOLICITOR GENERAL</persName> </hi>,
<hi rend="italic">with</hi>
<hi rend="smallCaps">MESSRS. WELSBY, GIFFARD</hi>,
<hi rend="italic">and</hi>
<hi rend="smallCaps">BEASLEY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18640201-name-146" type="witnessName">
<interp inst="t18640201-name-146" type="gender" value="indeterminate"/>
<interp inst="t18640201-name-146" type="surname" value="ATKINSON"/>
<interp inst="t18640201-name-146" type="given" value="TINDAL"/>MR. TINDAL ATKINSON</persName> </hi>
<hi rend="italic">appeared for Lyons, Marcelino, and Lopez;</hi>
<hi rend="smallCaps">MR. METCALFE</hi>
<hi rend="italic">for Blanco;</hi>
<hi rend="smallCaps">MESSRS. SLEIGH</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">DALEY</hi>
<hi rend="italic">for Duranno;</hi>
<hi rend="smallCaps">MR. KEMP</hi>
<hi rend="italic">for Santos;</hi>
<hi rend="smallCaps">MR. BEST</hi>
<hi rend="italic">for Watter; and</hi>
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">for Carlos.</hi> </p>
<hi rend="italic">The prisoners being all represented by Counsel, the evidence was not inter
<lb/>preted, but upon the application of</hi>
<hi rend="smallCaps">MR. ATKINSON</hi>,
<hi rend="italic">the interpreter to the Spanish Consul was permitted to sit near them, in order to communicate with them as the trial proceeded.</hi> </p>
<hi rend="smallCaps">
<persName id="t18640201-name-147" type="witnessName">
<interp inst="t18640201-name-147" type="gender" value="male"/>
<interp inst="t18640201-name-147" type="surname" value="SHEPHERD"/>
<interp inst="t18640201-name-147" type="given" value="EDWARD"/>EDWARD SHEPHERD</persName> </hi>. I am registrar of British ships for the Port of London—I have here a copy, certified by myself, of the register of the
<hi rend="italic">Flowery Land</hi> (
<hi rend="italic">This described the vessel as the Flowery Land, of the Port of London, and the owner as William Weemys Kerr, of 25, Poultry, in the City of London, merchant.</hi>)</p>
<hi rend="smallCaps">
<persName id="t18640201-name-148" type="witnessName">
<interp inst="t18640201-name-148" type="gender" value="male"/>
<interp inst="t18640201-name-148" type="surname" value="TAFFER"/>
<interp inst="t18640201-name-148" type="given" value="WILLIAM"/>WILLIAM TAFFER</persName> </hi>. I was second mate on board the British ship the
<hi rend="italic">Flowery Land</hi>—she left the Port of London on 28th July, last year—the captain's name was John Smith—he had a brother, George Smith, who was</p>
<xptr type="pageFacsimile" doc="186402010044"/>
<p>a passenger on board—the name of the first mate was John Carswell—the steward's name was
<hi rend="italic">Aboo</hi>—he was a Malay—the cook was a Chinaman; I do not know his name—there was also a boy who attended to the lamps; I don't know his name, but we called him
<hi rend="italic">Cassa</hi>—Michael Anderson was the carpenter—there was a Frenchman, an able seaman, called Candereau—the prisoners were all seamen, able or ordinary, on board—some short time after sailing there were some complaints by the captain about some of these men being deficient in their duty—I never saw the captain use any violence—I have heard him call them names, "
<hi rend="italic">Coolies</hi>," and "Sons of bitches"—the men complained about the food and water, which was attended to directly and rectified—I heard Blanco make one complaint, and that was attended to—he did not think that the scale of victualling and articles was enough, and wanted more—I remember about the commencement of September Carlos being wanted on deck—the mate and I went and asked him several times to come on deck—he would not come, and the mate took hold of him and pulled him out of his berth—he said he was sick, and wanted his watch below—all the watch stopped below with him—they were Marcelino, Marco, Watter, Blanco, and Chaucis (
<hi rend="italic">Lopez</hi>), Carlos, and two others; I don't re
<lb/>member their names—the mate and I brought Carlos
<hi rend="italic">aft</hi> on to the quarter
<lb/>deck—all the rest turned to their work but Carlos—he would not turn to, and the mate ordered me to bind him fast to the rigging—I made him fast, and he remained bound for about five minutes—the captain then came up out of the cabin, and inquired what was the matter, and gave me orders to loose him, and he gave him some medicine, and he went below and turned into his berth for the day—some days afterwards I remember a quarrel between Carlos and Blanco—I and the mate interfered to stop them from fighting—the mate and Carlos struggled together, and the mate gave him a blow; I can't say for certain where, but he gave him one, I think—I re
<lb/>member the night that the captain was killed—I had the first watch, from 8 to 12—Mr. Carswell, the chief mate, relieved me at 12—his watch lasted from 12 till 4 in the morning—when I was relieved I turned in—there is a house on deck, divided into four compartments—the prisoners lodged in one compartment, on the port side; the fore compartment; not all the crew; these eight prisoners, and Powell and Williams—those ten occupied the fore compartment, on the port side—on the starboard side, were the carpenter, Candereau, a seaman, and the boy Early—on the starboard side aft was the cook's galley, and on the port side aft the boatswain's store—on going down the companion ladder, the first berth on the port side was the mate's; the next was the captain's brother, and the next aft was mine—the captain occupied all the starboard side himself—the main cabin was between, with a sky-light opening on to the poop—I turned in at 12 o'clock the night the captain was killed—I was awoke by a noise on deck, about 3 o'clock—it was a noise like a beating or hammering on the companion—I instantly ran out of my berth and tried to get on deck to see what was wrong—I could not get on deck for some person lying on his face on the companion ladder, with his head parallel with the top step—a number of persons were beating him on the head with hand-spikes or capstan bars—I recognised one of them to be Blanco—at the same time I received a blow that hurled me right down the companion again into the cabin—I took hold of the man they were beating, and tried to pull him away, but I was not able to move him—I then called out to the captain for assistance, but got no answer—I went into his berth, and found that he was gone—I then went into the main cabin; I trimmed the light, which was very dim, and I found</p>
<xptr type="pageFacsimile" doc="186402010045"/>
<p>the captain lying dead, and a pool of blood round him—his night dress was all full of cuts on the left side—I then went into the captain's brother's berth—I found him gone also—I next went back to the companion, and examined the man who was lying in the companion, and found it to be the captain's brother by his dress—I then went into my berth, and locked the door—the noise was going on all this time, for about three-quarters of an hour—the noise ceased about five minutes after I went into my berth, and they kept calling me several times on deck—it was some of the men; who it was I don't know; I did not recognise their voices—at the end of about three-quarters of an hour a great many of these men came down in the cabin—Lyons was spokesman; there was Blanco, Duranno, Santos, Chancis (Lopez), and Carlos, and some others—the parties that I have mentioned circled round my cabin—there were some behind them—I could not see who they were, but these I am sure of—Lyons called me out of my berth—I asked him what he was going to do with me; if he was going to kill me—he answered no—he said they had killed the captain and the mate, and the captain's brother had got away somewhere; they did not know where—he said, "I do not know where"—he meant to say that he had got away somewhere, or stowed away—he did not say they had killed him; he had got away from them, or something to that effect.</p>
<hi rend="italic">Q.</hi> Just say again what he said about killing the captain and the mate?
<hi rend="italic">A.</hi> He said they had killed the captain and the mate.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> If he spoke to you he would, I suppose, say "we" or "I," what words did he use?
<hi rend="italic">A.</hi> Well, I think, he used "we."</p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> What next?
<hi rend="italic">A.</hi> They wished me to navigate the vessel to some place so that they could get on shore—I asked him where I was to navigate her to—I understood from him that there was nobody on board that knew anything about navigation; none of these men—the other prisoners were all in the main cabin at the time Lyons spoke to me; they were all close to him; within hearing—I had opened my door, and come out at this time—all the prisoners were near enough to hear what Lyons said—I mean those that I have mentioned; Blanco, Duranno, Lopez, Watter, Carlos, and Santos—I asked where I was to navigate the ship