<!-- © 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>
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<p>On the Queen's Commission of</p>
<p>The City of London,</p>
<p>OF THE</p>
<p>Held on Monday, July 9th, 1866, and following days,</p>
<hi rend="smallCaps">BEFORE THE RIGHT HON.</hi>
<hi rend="largeCaps">BENJAMIN SAMUEL PHILLIPS, LORD MAYOR</hi> of the City of London; the Right Hon. Sir
<hi rend="smallCaps">JAMES ALEXANDER COCKBURN</hi>, Knt., Lord Chief Justice of Her Majesty's Court of Queen's Bench;
<hi rend="smallCaps">DAVID SALOMONS</hi>, Esq., M.P.;
<hi rend="smallCaps">WILLIAM ANDERSON ROSE</hi>, Esq., and
<hi rend="smallCaps">WARREN STORMES HALE</hi>, Esq., M.P., Aldermen of the said City; the Right Hon.
<hi rend="smallCaps">RUSSELL GURNEY</hi>, Esq., Q.C., M.P., Recorder of the said City;
<hi rend="smallCaps">JOHN JOSEPH MECHI</hi>, Esq, and
<hi rend="smallCaps">ROBERT BESLEY</hi>, Esq., Aldermen, &c.;
<hi rend="smallCaps">THOMAS CHAMBERS</hi>, Esq., Q.C., M.P., Common Serjeant of the said City; and
<hi rend="smallCaps">ROBERT MALCOLM KERR</hi>, Esq., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and General Gaol delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.</p>
<hi rend="smallCaps">SILLS JOHN GIBBONS</hi>, Esq., Alderman.</p>
<hi rend="smallCaps">JAMES FIGGINS</hi>, Esq.</p>
<hi rend="italic">Sheriffs</hi>.</p>
<hi rend="smallCaps">HENRY DUFFETT</hi>, Esq.</p>
<hi rend="smallCaps">CYRIL MORTIMER MURRAY RAWLINS</hi>, Esq.</p>
<hi rend="italic">Upper-Sheriffs</hi>.</p>
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<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<hi rend="largeCaps">PHILLIPS, MAYOR. NINTH SESSION</hi>.</p>
<hi rend="italic">A star</hi> (*)
<hi rend="italic">denotes that the 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, July</hi> 9
<hi rend="italic">th</hi>, 1866.</p>
<hi rend="italic">Before Mr. Recorder</hi>.</p>
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<interp inst="def1-587-18660709" type="given" value="CHARLES ISAAC"/>
<hi rend="largeCaps">CHARLES ISAAC FOWLER</hi> (24)</persName> was indicted
<rs id="t18660709-587-offence-1" type="offenceDescription">
<interp inst="t18660709-587-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18660709-587-offence-1" type="offenceSubcategory" value="embezzlement"/> for em
<lb/>bezzling 1
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>., 2
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>., 2
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>., and also three other sums, received on acount of
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<interp inst="t18660709-name-2" type="gender" value="male"/>
<interp inst="t18660709-name-2" type="surname" value="LAMING"/>
<interp inst="t18660709-name-2" type="given" value="RICHARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18660709-587-offence-1 t18660709-name-2"/>Richard Laming</persName>, his master;</rs>
<rs id="t18660709-587-offence-2" type="offenceDescription">
<interp inst="t18660709-587-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18660709-587-offence-2" type="offenceSubcategory" value="embezzlement"/>also for embezzling three other sums.</rs> </p>
<hi rend="smallCaps">MR. METCALFE</hi>,
<hi rend="italic">for the Prosecution, offered no evidence</hi>.</p>
<hi rend="smallCaps">
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<interp inst="t18660709-587-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
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<hi rend="largeCaps">RICHARD POWELL</hi> (46)</persName>
<rs id="t18660709-588-offence-1" type="offenceDescription">
<interp inst="t18660709-588-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18660709-588-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 27 1/2; yards of cloth of
<persName id="t18660709-name-4" type="victimName">
<interp inst="t18660709-name-4" type="gender" value="male"/>
<interp inst="t18660709-name-4" type="surname" value="HERTZBERG"/>
<interp inst="t18660709-name-4" type="given" value="ADOLPHUS"/>
<join result="offenceVictim" targOrder="Y" targets="t18660709-588-offence-1 t18660709-name-4"/>Adolphus Hertzberg</persName> and another.</rs> </p>
<hi rend="smallCaps">MR. COOPER</hi>
<hi rend="italic">conducted the Prosecution, and</hi>
<hi rend="smallCaps">MR. GRIFFITH</hi>
<hi rend="italic">the Defence</hi>.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-5" type="witnessName">
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<interp inst="t18660709-name-5" type="surname" value="HERTZBERG"/>
<interp inst="t18660709-name-5" type="given" value="ADOLPHUS"/>ADOLPHUS HERTZBERG</persName> </hi>. I am a warehouseman, of 95, Wood Street—I have one partner—the prisoner was in our employ as a jobbing porter—this cloth is my property, it is worth 6
<hi rend="italic">l</hi>.—the prisoner had no authority to remove it—he had just been paid.</p>
<hi rend="italic">Cross-examined. Q.</hi> How long have you employed him?
<hi rend="italic">A.</hi> About three years, but I have many times missed things from the warehouse—the cloth was lying on the top of a pile of goods near the door leading out of the warehouse—there are many persons about the warehouse.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-6" type="witnessName">
<interp inst="t18660709-name-6" type="gender" value="male"/>
<interp inst="t18660709-name-6" type="surname" value="JONES"/>
<interp inst="t18660709-name-6" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN JONES</persName> </hi>. I am in the prosecutor's employ—about half-past two on the afternoon of 21st June I was in the office on the second floor—I saw the prisoner take a piece of cloth out of the warehouse—I followed him out, and found him on the landing outside; he had the cloth under his arm—I took it from him and called out, and he was given into custody—I saw him take the cloth off a pile near the door.</p>
<hi rend="italic">Cross-examined. Q.</hi> It was close to the door, was it not?
<hi rend="italic">A.</hi> Yes, I was a few yards from him—he could not see me, because there was a partition dividing the office from the warehouse—there was no one else in</p>
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<p>the warehouse at the time—this cloth was just inside the door—when you get just outside the door you come on to the landing, and there are the steps—when I called out, he did not say, "What are you calling out about?" I told him he had taken a piece of cloth—he did not say,"I have taken no cloth, there is the cloth," or anything like that—I did not see him stoop down before he took it.</p>
<hi rend="smallCaps">MR. COOPER</hi>.
<hi rend="italic">Q.</hi> How high was that pile off which he took it?
<hi rend="italic">A.</hi> About five feet six inches—I called out "Mr. Hart"—he is one of the partners.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-7" type="witnessName">
<interp inst="t18660709-name-7" type="gender" value="male"/>
<interp inst="t18660709-name-7" type="surname" value="KNIGHT"/>
<interp inst="t18660709-name-7" type="given" value="SAMUEL"/>SAMUEL KNIGHT</persName> </hi> (159, City Police). I took the prisoner into custody—I told him the charge, he denied it—he was in the warehouse when I took him.</p>
<hi rend="smallCaps">JURY</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">W. J. JONES</hi>.
<hi rend="italic">Q.</hi> Was the door from the warehouse into the landing, open?
<hi rend="italic">A.</hi> He was shutting it—he had to open it to go out, and he was shutting it when I stopped him; he was then outside on the landing—he took the cloth, opened the door, went out, and closed it—I followed him.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-8" type="witnessName">
<interp inst="t18660709-name-8" type="gender" value="male"/>
<interp inst="t18660709-name-8" type="surname" value="HERTZBERG"/>
<interp inst="t18660709-name-8" type="given" value="ADOLPHUS"/>ADOLPHUS HERTZBERG</persName> </hi> (
<hi rend="italic">Re-examined</hi>). Goods when sent out are packed up in a wrapper—we never send out a piece of goods without a piece of wrapper, or a basket, or something—this is a latch-door; it opens into the warehouse.</p>
<hi rend="italic">The Prisoner's Statement before the Magistrate</hi>:—I did not go outside the door with it.</p>
<hi rend="smallCaps">
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<interp inst="t18660709-588-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18660709-588-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.*—
<hi rend="italic">
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<join result="defendantPunishment" targOrder="Y" targets="def1-588-18660709 t18660709-588-punishment-1"/>Confined 12 months</rs> </hi>.</p> </div1>
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<hi rend="largeCaps">JOHN HOUGHTON</hi> (19)</persName>
<rs id="t18660709-589-offence-1" type="offenceDescription">
<interp inst="t18660709-589-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18660709-589-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing a coat, the property of
<persName id="t18660709-name-10" type="victimName">
<interp inst="t18660709-name-10" type="gender" value="male"/>
<interp inst="t18660709-name-10" type="surname" value="BELLABY"/>
<interp inst="t18660709-name-10" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18660709-589-offence-1 t18660709-name-10"/>William Bellaby</persName>.</rs> </p>
<hi rend="smallCaps">
<persName id="t18660709-name-11" type="witnessName">
<interp inst="t18660709-name-11" type="gender" value="male"/>
<interp inst="t18660709-name-11" type="surname" value="BANFORD"/>
<interp inst="t18660709-name-11" type="given" value="WILLIAM"/>WILLIAM BANFORD</persName> </hi>. I live at 1, Emmett's Terrace, Ratcliff—on Thursday, 21st June, I saw the prisoner against the side of the Tower—I saw a youth cross the road and hand the prisoner a coat—I went across the road to them—he turned his head, and, seeing me, he took to his heels, and dropped the coat—I ran after them, crying, "Stop thief"—a police constable joined in the chase, and brought the prisoner back—the one who brought the coat out got away—I did not see where it was brought from.</p>
<hi rend="italic">Prisoner. Q.</hi> Did I receive the coat?
<hi rend="italic">A.</hi> Yes. You held out your hand for it, and the other one gave it you.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-12" type="witnessName">
<interp inst="t18660709-name-12" type="gender" value="male"/>
<interp inst="t18660709-name-12" type="surname" value="BELLABY"/>
<interp inst="t18660709-name-12" type="given" value="WILLIAM"/>WILLIAM BELLABY</persName> </hi>. I am a labourer, living at 1, Gloucester Place—I was at work on Tower Hill on 21st June—I left my coat on the top of the pit, the sewer where I was at work—I next saw the coat in the con
<lb/>stable's hand—it had been safe about five minutes before—this is the coat (
<hi rend="italic">produced</hi>).</p>
<hi rend="smallCaps">
<persName id="t18660709-name-13" type="witnessName">
<interp inst="t18660709-name-13" type="gender" value="male"/>
<interp inst="t18660709-name-13" type="surname" value="STEVENS"/>
<interp inst="t18660709-name-13" type="given" value="JOHN"/>JOHN STEVENS</persName> </hi> (137 H). I was on duty in the neighbourhood of Tower Hill on 21st June—I heard a cry of "Stop thief!" and saw the prisoner running—I ran after him and stopped him, and picked up this coat.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-14" type="witnessName">
<interp inst="t18660709-name-14" type="gender" value="male"/>
<interp inst="t18660709-name-14" type="surname" value="BANFORD"/>
<interp inst="t18660709-name-14" type="given" value="WILLIAM"/>WILLIAM BANFORD</persName> </hi> (
<hi rend="italic">Re-examined</hi>). I know the pit where this coat was placed—the prisoner was about five or six yards from there when he received the coat.</p>
<hi rend="smallCaps">
<rs id="t18660709-589-verdict-1" type="verdictDescription">
<interp inst="t18660709-589-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18660709-589-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.**—
<hi rend="italic">
<rs id="t18660709-589-punishment-2" type="punishmentDescription">
<interp inst="t18660709-589-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18660709-589-punishment-2" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-589-18660709 t18660709-589-punishment-2"/>Confined 18 months</rs> </hi>.</p> </div1>
<hi rend="italic">The following prisoners</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>:—</p>
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<interp inst="def1-590-18660709" type="age" value="60"/>
<interp inst="def1-590-18660709" type="surname" value="BURGESS"/>
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<hi rend="largeCaps">HENRY BUR
<lb/>GESS</hi> (60)</persName>
<rs id="t18660709-590-offence-1" type="offenceDescription">
<interp inst="t18660709-590-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18660709-590-offence-1" type="offenceSubcategory" value="coiningOffences"/>, to feloniously uttering counterfeit coin, after previous con
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<hi rend="italic">Five Years' Penal Servitude</hi> </rs>.
<rs id="t18660709-590-verdict-1" type="verdictDescription">
<interp inst="t18660709-590-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18660709-590-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.] </rs> </p> </div1>
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<interp inst="def1-591-18660709" type="gender" value="male"/>
<interp inst="def1-591-18660709" type="age" value="27"/>
<interp inst="def1-591-18660709" type="surname" value="MORRIS"/>
<interp inst="def1-591-18660709" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM MORRIS</hi> (27)</persName>
<rs id="t18660709-591-offence-1" type="offenceDescription">
<interp inst="t18660709-591-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18660709-591-offence-1" type="offenceSubcategory" value="coiningOffences"/>, to a like offence.—</rs>
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<interp inst="t18660709-591-punishment-4" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-591-18660709 t18660709-591-punishment-4"/>
<hi rend="italic">Eighteen Months</hi> </rs>.
<rs id="t18660709-591-verdict-1" type="verdictDescription">
<interp inst="t18660709-591-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18660709-591-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.] </rs> </p> </div1>
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<interp inst="def1-592-18660709" type="gender" value="male"/>
<interp inst="def1-592-18660709" type="age" value="60"/>
<interp inst="def1-592-18660709" type="surname" value="WILLIAMS"/>
<interp inst="def1-592-18660709" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS WILLIAMS</hi> (60)</persName>
<rs id="t18660709-592-offence-1" type="offenceDescription">
<interp inst="t18660709-592-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18660709-592-offence-1" type="offenceSubcategory" value="coiningOffences"/>, to a like offence.</rs>
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<interp inst="t18660709-592-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18660709-592-punishment-5" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-592-18660709 t18660709-592-punishment-5"/>
<hi rend="italic">Twelve Months</hi> </rs>.
<rs id="t18660709-592-verdict-1" type="verdictDescription">
<interp inst="t18660709-592-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18660709-592-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.] </rs> </p> </div1>
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<interp inst="def1-593-18660709" type="gender" value="male"/>
<interp inst="def1-593-18660709" type="age" value="15"/>
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<hi rend="largeCaps">JOHN WALKER</hi> (15)</persName>
<rs id="t18660709-593-offence-1" type="offenceDescription">
<interp inst="t18660709-593-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18660709-593-offence-1" type="offenceSubcategory" value="pocketpicking"/>, to stealing a handkerchief from the person of
<persName id="t18660709-name-19" type="victimName">
<interp inst="t18660709-name-19" type="gender" value="male"/>
<interp inst="t18660709-name-19" type="surname" value=""/>
<interp inst="t18660709-name-19" type="given" value=""/>
<join result="offenceVictim" targOrder="Y" targets="t18660709-593-offence-1 t18660709-name-19"/>Matthew Drew</persName>, after a previous conviction.</rs>
<rs id="t18660709-593-punishment-6" type="punishmentDescription">
<interp inst="t18660709-593-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18660709-593-punishment-6" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-593-18660709 t18660709-593-punishment-6"/>
<hi rend="italic">Eighteen Months</hi> </rs>.
<rs id="t18660709-593-verdict-1" type="verdictDescription">
<interp inst="t18660709-593-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18660709-593-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18660709-594">
<interp inst="t18660709-594" type="uri" value="sessionsPapers/18660709"/>
<interp inst="t18660709-594" type="date" value="18660709"/>
<join result="criminalCharge" id="t18660709-594-charge-1" targOrder="Y" targets="def1-594-18660709 t18660709-594-offence-1 t18660709-594-verdict-1"/>
<xptr type="pageFacsimile" doc="186607090007"/>
<persName id="def1-594-18660709" type="defendantName">
<interp inst="def1-594-18660709" type="gender" value="male"/>
<interp inst="def1-594-18660709" type="age" value="35"/>
<interp inst="def1-594-18660709" type="surname" value="FARDELL"/>
<interp inst="def1-594-18660709" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE FARDELL</hi> (35)</persName>
<rs id="t18660709-594-offence-1" type="offenceDescription">
<interp inst="t18660709-594-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18660709-594-offence-1" type="offenceSubcategory" value="mail"/>, to stealing, whilst employed in the Post Office, three post letters of
<persName id="t18660709-name-21" type="victimName">
<interp inst="t18660709-name-21" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18660709-594-offence-1 t18660709-name-21"/>her Majesty's Postmaster-General</persName>.</rs>
<rs id="t18660709-594-punishment-7" type="punishmentDescription">
<interp inst="t18660709-594-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18660709-594-punishment-7" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-594-18660709 t18660709-594-punishment-7"/>
<hi rend="italic">Five Year' Penal Servitude</hi> </rs>.
<rs id="t18660709-594-verdict-1" type="verdictDescription">
<interp inst="t18660709-594-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18660709-594-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> And,</p> </div1>
<div1 type="trialAccount" id="t18660709-595">
<interp inst="t18660709-595" type="uri" value="sessionsPapers/18660709"/>
<interp inst="t18660709-595" type="date" value="18660709"/>
<join result="criminalCharge" id="t18660709-595-charge-1" targOrder="Y" targets="def1-595-18660709 t18660709-595-offence-1 t18660709-595-verdict-1"/>
<persName id="def1-595-18660709" type="defendantName">
<interp inst="def1-595-18660709" type="gender" value="male"/>
<interp inst="def1-595-18660709" type="age" value="19"/>
<interp inst="def1-595-18660709" type="surname" value="HANSON"/>
<interp inst="def1-595-18660709" type="given" value="CHARLES RICHARD"/>
<hi rend="largeCaps">CHARLES RICHARD HANSON</hi> (19)</persName>
<rs id="t18660709-595-offence-1" type="offenceDescription">
<interp inst="t18660709-595-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18660709-595-offence-1" type="offenceSubcategory" value="mail"/>, to a like offence.—</rs>
<rs id="t18660709-595-punishment-8" type="punishmentDescription">
<interp inst="t18660709-595-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18660709-595-punishment-8" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-595-18660709 t18660709-595-punishment-8"/>
<hi rend="italic">Five Years' Penal Servitude</hi> </rs>.
<rs id="t18660709-595-verdict-1" type="verdictDescription">
<interp inst="t18660709-595-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18660709-595-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, July</hi> 9
<hi rend="italic">th</hi>, 1866.</p>
<hi rend="italic">Before Mr. Common Serjeant</hi>.</p>
<div1 type="trialAccount" id="t18660709-596">
<interp inst="t18660709-596" type="uri" value="sessionsPapers/18660709"/>
<interp inst="t18660709-596" type="date" value="18660709"/>
<join result="criminalCharge" id="t18660709-596-charge-1" targOrder="Y" targets="def1-596-18660709 t18660709-596-offence-1 t18660709-596-verdict-1"/>
<persName id="def1-596-18660709" type="defendantName">
<interp inst="def1-596-18660709" type="gender" value="male"/>
<interp inst="def1-596-18660709" type="age" value="36"/>
<interp inst="def1-596-18660709" type="surname" value="KNIGHT"/>
<interp inst="def1-596-18660709" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN KNIGHT</hi>** (36)</persName>,
<hi rend="smallCaps">
<rs id="t18660709-596-verdict-1" type="verdictDescription">
<interp inst="t18660709-596-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18660709-596-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18660709-596-offence-1" type="offenceDescription">
<interp inst="t18660709-596-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18660709-596-offence-1" type="offenceSubcategory" value="simpleLarceny"/>to stealing a coat, the property of
<persName id="t18660709-name-24" type="victimName">
<interp inst="t18660709-name-24" type="gender" value="male"/>
<interp inst="t18660709-name-24" type="surname" value="HALL"/>
<interp inst="t18660709-name-24" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18660709-596-offence-1 t18660709-name-24"/>James Hall</persName>, after a previous conviction.—</rs>
<hi rend="italic">
<rs id="t18660709-596-punishment-9" type="punishmentDescription">
<interp inst="t18660709-596-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18660709-596-punishment-9" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-596-18660709 t18660709-596-punishment-9"/>Ten Tears' Penal Servitude</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18660709-597">
<interp inst="t18660709-597" type="uri" value="sessionsPapers/18660709"/>
<interp inst="t18660709-597" type="date" value="18660709"/>
<join result="criminalCharge" id="t18660709-597-charge-1" targOrder="Y" targets="def1-597-18660709 t18660709-597-offence-1 t18660709-597-verdict-1"/>
<persName id="def1-597-18660709" type="defendantName">
<interp inst="def1-597-18660709" type="gender" value="male"/>
<interp inst="def1-597-18660709" type="age" value="24"/>
<interp inst="def1-597-18660709" type="surname" value="WARD"/>
<interp inst="def1-597-18660709" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN WARD</hi> (24)</persName>
<rs id="t18660709-597-offence-1" type="offenceDescription">
<interp inst="t18660709-597-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18660709-597-offence-1" type="offenceSubcategory" value="embezzlement"/>, to embezzling the sums of 2
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>. and 1
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. of
<persName id="t18660709-name-26" type="victimName">
<interp inst="t18660709-name-26" type="gender" value="male"/>
<interp inst="t18660709-name-26" type="surname" value="REYNOLDS"/>
<interp inst="t18660709-name-26" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18660709-597-offence-1 t18660709-name-26"/>John Reynolds</persName>, his master, who </rs>
<hi rend="italic">recommended him to mercy.—
<rs id="t18660709-597-punishment-10" type="punishmentDescription">
<interp inst="t18660709-597-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18660709-597-punishment-10" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-597-18660709 t18660709-597-punishment-10"/>Confined Four Months</rs> </hi>.
<rs id="t18660709-597-verdict-1" type="verdictDescription">
<interp inst="t18660709-597-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18660709-597-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18660709-598">
<interp inst="t18660709-598" type="uri" value="sessionsPapers/18660709"/>
<interp inst="t18660709-598" type="date" value="18660709"/>
<join result="criminalCharge" id="t18660709-598-charge-1" targOrder="Y" targets="def1-598-18660709 t18660709-598-offence-1 t18660709-598-verdict-1"/>
<persName id="def1-598-18660709" type="defendantName">
<interp inst="def1-598-18660709" type="gender" value="male"/>
<interp inst="def1-598-18660709" type="age" value="46"/>
<interp inst="def1-598-18660709" type="surname" value="THORNE"/>
<interp inst="def1-598-18660709" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS THORNE</hi> (46)</persName>
<rs id="t18660709-598-offence-1" type="offenceDescription">
<interp inst="t18660709-598-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18660709-598-offence-1" type="offenceSubcategory" value="embezzlement"/>, to embezzling 1
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. of
<persName id="t18660709-name-28" type="victimName">
<interp inst="t18660709-name-28" type="gender" value="male"/>
<interp inst="t18660709-name-28" type="surname" value="HARRIS"/>
<interp inst="t18660709-name-28" type="given" value="HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18660709-598-offence-1 t18660709-name-28"/>Henry Harris</persName>, his master, who </rs>
<hi rend="italic">recommended him to mercy.—
<rs id="t18660709-598-punishment-11" type="punishmentDescription">
<interp inst="t18660709-598-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18660709-598-punishment-11" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-598-18660709 t18660709-598-punishment-11"/>Four Months</rs> </hi>.
<rs id="t18660709-598-verdict-1" type="verdictDescription">
<interp inst="t18660709-598-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18660709-598-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18660709-599">
<interp inst="t18660709-599" type="uri" value="sessionsPapers/18660709"/>
<interp inst="t18660709-599" type="date" value="18660709"/>
<join result="criminalCharge" id="t18660709-599-charge-1" targOrder="Y" targets="def1-599-18660709 t18660709-599-offence-1 t18660709-599-verdict-1"/>
<persName id="def1-599-18660709" type="defendantName">
<interp inst="def1-599-18660709" type="gender" value="male"/>
<interp inst="def1-599-18660709" type="age" value="20"/>
<interp inst="def1-599-18660709" type="surname" value="WANGLER"/>
<interp inst="def1-599-18660709" type="given" value="PAUL"/>
<hi rend="largeCaps">PAUL WANGLER</hi>** (20)</persName>
<rs id="t18660709-599-offence-1" type="offenceDescription">
<interp inst="t18660709-599-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18660709-599-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, to stealing three coats and other articles, the property of
<persName id="t18660709-name-30" type="victimName">
<interp inst="t18660709-name-30" type="gender" value="male"/>
<interp inst="t18660709-name-30" type="surname" value="BURROWS"/>
<interp inst="t18660709-name-30" type="given" value="JOHN STAMFORD"/>
<join result="offenceVictim" targOrder="Y" targets="t18660709-599-offence-1 t18660709-name-30"/>John Stamford Burrows</persName>, after a previous conviction.</rs>
<rs id="t18660709-599-punishment-12" type="punishmentDescription">
<interp inst="t18660709-599-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18660709-599-punishment-12" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-599-18660709 t18660709-599-punishment-12"/>
<hi rend="italic">Seven Years' Penal Servitude</hi> </rs>.
<rs id="t18660709-599-verdict-1" type="verdictDescription">
<interp inst="t18660709-599-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18660709-599-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> And,</p> </div1>
<div1 type="trialAccount" id="t18660709-600">
<interp inst="t18660709-600" type="uri" value="sessionsPapers/18660709"/>
<interp inst="t18660709-600" type="date" value="18660709"/>
<join result="criminalCharge" id="t18660709-600-charge-1" targOrder="Y" targets="def1-600-18660709 t18660709-600-offence-1 t18660709-600-verdict-1"/>
<join result="criminalCharge" id="t18660709-600-charge-2" targOrder="Y" targets="def1-600-18660709 t18660709-600-offence-2 t18660709-600-verdict-1"/>
<join result="criminalCharge" id="t18660709-600-charge-3" targOrder="Y" targets="def1-600-18660709 t18660709-600-offence-3 t18660709-600-verdict-1"/>
<persName id="def1-600-18660709" type="defendantName">
<interp inst="def1-600-18660709" type="gender" value="male"/>
<interp inst="def1-600-18660709" type="age" value="17"/>
<interp inst="def1-600-18660709" type="surname" value="MANCHIN"/>
<interp inst="def1-600-18660709" type="given" value="ANTONY"/>
<hi rend="largeCaps">ANTONY MANCHIN</hi> (17)</persName>
<rs id="t18660709-600-offence-1" type="offenceDescription">
<interp inst="t18660709-600-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18660709-600-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, to stealing a watch and other articles, the property of
<persName id="t18660709-name-32" type="victimName">
<interp inst="t18660709-name-32" type="gender" value="male"/>
<interp inst="t18660709-name-32" type="surname" value="GROSREY"/>
<interp inst="t18660709-name-32" type="given" value="CELESTIN"/>
<join result="offenceVictim" targOrder="Y" targets="t18660709-600-offence-1 t18660709-name-32"/>Celestin Grosrey</persName>, his master;</rs>
<rs id="t18660709-600-offence-2" type="offenceDescription">
<interp inst="t18660709-600-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18660709-600-offence-2" type="offenceSubcategory" value="embezzlement"/>also to embezzling the sum of 6
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. of his said master;</rs>
<rs id="t18660709-600-offence-3" type="offenceDescription">
<interp inst="t18660709-600-offence-3" type="offenceCategory" value="deception"/>
<interp inst="t18660709-600-offence-3" type="offenceSubcategory" value="fraud"/>also to unlawfully obtaining 6
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. of
<persName id="t18660709-name-33" type="victimName">
<interp inst="t18660709-name-33" type="gender" value="male"/>
<interp inst="t18660709-name-33" type="surname" value="DEAN"/>
<interp inst="t18660709-name-33" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18660709-600-offence-3 t18660709-name-33"/>George Dean</persName> by false pretences.</rs>
<hi rend="italic">Recommended to mercy by the prosecutor.—
<rs id="t18660709-600-punishment-13" type="punishmentDescription">
<interp inst="t18660709-600-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18660709-600-punishment-13" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-600-18660709 t18660709-600-punishment-13"/>Confined Twelve Months</rs> </hi>.
<rs id="t18660709-600-verdict-1" type="verdictDescription">
<interp inst="t18660709-600-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18660709-600-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18660709-601">
<interp inst="t18660709-601" type="uri" value="sessionsPapers/18660709"/>
<interp inst="t18660709-601" type="date" value="18660709"/>
<join result="criminalCharge" id="t18660709-601-charge-1" targOrder="Y" targets="def1-601-18660709 t18660709-601-offence-1 t18660709-601-verdict-1"/>
<persName id="def1-601-18660709" type="defendantName">
<interp inst="def1-601-18660709" type="gender" value="male"/>
<interp inst="def1-601-18660709" type="age" value="22"/>
<interp inst="def1-601-18660709" type="surname" value="THOMAS"/>
<interp inst="def1-601-18660709" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES THOMAS</hi> (22)</persName>
<rs id="t18660709-601-offence-1" type="offenceDescription">
<interp inst="t18660709-601-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18660709-601-offence-1" type="offenceSubcategory" value="burglary"/>Burglariously breaking and entering the dwelling-house of
<persName id="t18660709-name-35" type="victimName">
<interp inst="t18660709-name-35" type="gender" value="male"/>
<interp inst="t18660709-name-35" type="surname" value="JACOBSON"/>
<interp inst="t18660709-name-35" type="given" value="NATHANIEL"/>
<join result="offenceVictim" targOrder="Y" targets="t18660709-601-offence-1 t18660709-name-35"/>Nathaniel Jacobson</persName>, and stealing therein two candle-sticks and one pair of boots, his property.</rs> </p>
<hi rend="smallCaps">MR. LANGFORD</hi>
<hi rend="italic">conducted the Prosecution</hi>.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-36" type="witnessName">
<interp inst="t18660709-name-36" type="gender" value="male"/>
<interp inst="t18660709-name-36" type="surname" value="JACOBSON"/>
<interp inst="t18660709-name-36" type="given" value="NATHANIEL"/>NATHANIEL JACOBSON</persName> </hi>. I live at 51, St. Paul's Road, Canonbury—on 5th July I went to bed, having looked round and seen the house safe—my daughter disturbed me at about two o'clock, and I sprang a rattle—a neigh
<lb/>bour came—I went round the house, and found the side door belonging to the garden had been opened, and a zinc plate which had formed a ventilation, to the pantry had been cut out—it had been fixed in the brickwork like a window—I cannot say whether a man could get through the hole, but a large boy could—I found a pair of boots outside—a constable came—I looked over the house, and in about an hour some candlesticks were brought, which I had left in a cheffonier which was unlocked.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-37" type="witnessName">
<interp inst="t18660709-name-37" type="gender" value="male"/>
<interp inst="t18660709-name-37" type="surname" value="PATIS"/>
<interp inst="t18660709-name-37" type="given" value="WILLIAM"/>WILLIAM PATIS</persName> </hi> (107 N). On the morning of 5th July I was on duty in St. Paul's Road, Canonbury—soon after two o'clock I heard a rattle, and went to Mr. Jacobson's house—he gave me some infor
<lb/>mation, and about an hour afterwards I saw the prisoner, and two others not in custody, coming from Canonbury Park Square, about 200 yards from the prosecutor's house—when they saw me coming they turned and went away—I ran after them, and saw the prisoner throw a bundle over some railings into a garden—I went after him—he ran into another garden—I went after him, and he threw a stone at me—he afterwards ran into a garden where I had seen him before, and I saw him get out of an empty water
<lb/>butt—I was with 34 N—we went into a house where there was some glass broken, and found the prisoner up a chimney—we were obliged to light some paper in the chimney before we could get him down—I left him in the sergeant's charge, went to the garden</p>
<xptr type="pageFacsimile" doc="186607090008"/>
<p>where I saw him throw something, and found this bundle, containing two candlesticks.</p>
<hi rend="italic">Prisoner</hi>. I deny throwing a stone at him—he hit his head against the railings.
<hi rend="italic">Witness</hi>. You did, and you hit my head with it—there was nobody else to do it—you were not going towards the house, but from it.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-38" type="witnessName">
<interp inst="t18660709-name-38" type="gender" value="male"/>
<interp inst="t18660709-name-38" type="surname" value="STALLAN"/>
<interp inst="t18660709-name-38" type="given" value="JOHN"/>JOHN STALLAN</persName> </hi> (Police Sergeant 34 N). I was with Patis—I heard a rattle spring, and found the prisoner about six feet up the kitchen chimney of a house—it was very thick with soot, not having been swept for twenty years—I told him that if he did not come down I should light a fire—I lit some paper and he came down—I saw the hole which had been covered up with perforated zinc—it was quite large enough for him to get through—the other men got away.</p>
<hi rend="italic">Prisoner's Defence</hi>. I was coming from Holloway, and saw two bundles in a garden—I picked them up and put them under my coat—I saw the policeman coming, and threw them into the garden—I never threw a stone at the policeman.</p>
<hi rend="smallCaps">
<rs id="t18660709-601-verdict-1" type="verdictDescription">
<interp inst="t18660709-601-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18660709-601-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18660709-601-punishment-14" type="punishmentDescription">
<interp inst="t18660709-601-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18660709-601-punishment-14" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-601-18660709 t18660709-601-punishment-14"/>Confined Nine Months</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18660709-602">
<interp inst="t18660709-602" type="uri" value="sessionsPapers/18660709"/>
<interp inst="t18660709-602" type="date" value="18660709"/>
<join result="criminalCharge" id="t18660709-602-charge-1" targOrder="Y" targets="def1-602-18660709 t18660709-602-offence-1 t18660709-602-verdict-1"/>
<persName id="def1-602-18660709" type="defendantName">
<interp inst="def1-602-18660709" type="gender" value="male"/>
<interp inst="def1-602-18660709" type="age" value="25"/>
<interp inst="def1-602-18660709" type="surname" value="BAMFIELD"/>
<interp inst="def1-602-18660709" type="given" value="EDWARD"/>
<hi rend="largeCaps">EDWARD BAMFIELD</hi> (25)</persName>
<rs id="t18660709-602-offence-1" type="offenceDescription">
<interp inst="t18660709-602-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18660709-602-offence-1" type="offenceSubcategory" value="fraud"/>, Unlawfully attempting to obtain 108 yards of ribbon by false pretences.</rs> </p>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>
<hi rend="italic">conducted the Prosecution, and</hi>
<hi rend="smallCaps">MR. COLLINS</hi>
<hi rend="italic">the Defence</hi>.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-40" type="witnessName">
<interp inst="t18660709-name-40" type="gender" value="male"/>
<interp inst="t18660709-name-40" type="surname" value="ALPETER"/>
<interp inst="t18660709-name-40" type="given" value="PHILIP"/>PHILIP ALPETER</persName> </hi>. I am a foreign importer, carrying on business with my partner at 4, Milk Street—I knew the prisoner—he was in the employ of Peter Jackson, belt and brace manufacturer, of Aldermanbury—on the afternoon of 28th June he came to me and said, "Have you got any of the ribbon in stock the same as the pattern I had a fortnight ago?"—I said, "Yes"—he said, "I shall not want much to-day; I will only take three pieces"—(I knew that he was in Peter Jackson's employ when he came for the pattern)—I made out an invoice for the three pieces, and said, "Is it Peter Jackson or Peter Jackson & Co.?"—he said, "Peter Jackson"—three pieces are 108 yards, and the value is 1
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>.—I handed him the signature book—he signed this entry (
<hi rend="italic">produced</hi>)—I gave him the parcel and he left; but before he was out of the house I went after him and said, "I will come with you to Mr. Jackson, and see if this is correct, because I have heard you have left there"—he owned at once that it was not for Mr. Jackson, and I said that I would give him in charge—he begged me not to do so, and said that he would pay me for the goods—I told him I must give him in charge for the sake of the trade—I thought I was parting with the goods to Peter Jackson—I do not think I should have credited the goods to the prisoner if I had known that they were for his private use.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-41" type="witnessName">
<interp inst="t18660709-name-41" type="gender" value="male"/>
<interp inst="t18660709-name-41" type="surname" value="TOMLIN"/>
<interp inst="t18660709-name-41" type="given" value="EDWARD"/>EDWARD TOMLIN</persName> </hi>. I am in the employ of Peter Jackson, of Alderman-bury—the prisoner was their warehouseman, and was discharged on 26th May—he was not in their employ in June—if we required those goods it would be necessary for him to have an order from me—I gave him no such order.</p>
<hi rend="italic">Cross-examined. Q.</hi> Then I may take it he was not in the employ a fortnight before 28th June?
<hi rend="italic">A.</hi> He was not.</p>
<hi rend="italic">The Prisoner's Statement before the Magistrate</hi>. "I cannot have been in my right mind at the time."
<hi rend="smallCaps">
<rs id="t18660709-602-verdict-1" type="verdictDescription">
<interp inst="t18660709-602-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18660709-602-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18660709-603">
<interp inst="t18660709-603" type="uri" value="sessionsPapers/18660709"/>
<interp inst="t18660709-603" type="date" value="18660709"/>
<join result="criminalCharge" id="t18660709-603-charge-1" targOrder="Y" targets="def1-603-18660709 t18660709-603-offence-1 t18660709-603-verdict-1"/>
<persName id="def1-603-18660709" type="defendantName">
<interp inst="def1-603-18660709" type="gender" value="male"/>
<interp inst="def1-603-18660709" type="age" value="29"/>
<interp inst="def1-603-18660709" type="surname" value="WALMISLEY"/>
<interp inst="def1-603-18660709" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES WALMISLEY</hi> (29)</persName>
<rs id="t18660709-603-offence-1" type="offenceDescription">
<interp inst="t18660709-603-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18660709-603-offence-1" type="offenceSubcategory" value="burglary"/>, Burglariously breaking and enter
<lb/>ing the dwelling-house of
<persName id="t18660709-name-43" type="victimName">
<interp inst="t18660709-name-43" type="gender" value="male"/>
<interp inst="t18660709-name-43" type="surname" value="WATKINS"/>
<interp inst="t18660709-name-43" type="given" value="FREDERICK"/>
<join result="offenceVictim" targOrder="Y" targets="t18660709-603-offence-1 t18660709-name-43"/>Frederick Watkins</persName>, and stealing 14 tame fowls, his property.</rs> </p>
<xptr type="pageFacsimile" doc="186607090009"/>
<hi rend="smallCaps">
<persName id="t18660709-name-44" type="witnessName">
<interp inst="t18660709-name-44" type="gender" value="male"/>
<interp inst="t18660709-name-44" type="surname" value="WATKINS"/>
<interp inst="t18660709-name-44" type="given" value="FREDERICK"/>FREDERICK WATKINS</persName> </hi>. I live at 3, Munster Street, Regent's Park, and am an oilman—on Saturday morning, 9th June, I heard my fowls making a great noise in the back yard, at about half-past three o'clock—I went to sleep again—I got up about half-past seven or twenty minutes to eight, and found the front kitchen, door broken open—that is an outer door—it leads from the yard into the kitchen—the padlock of the fowl house was broken, and I missed 14 fowls, which I had seen safe at half-past one in the night—I saw them at the police-station dead, and knew them directly—the kitchen door leads into the dwelling-house;—a person would be obliged to go that way to steal the fowls—I had barricaded one way—I did not know the prisoner before—two inner doors were broken besides the outer one, which would enable him to get at the fowls.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-45" type="witnessName">
<interp inst="t18660709-name-45" type="gender" value="male"/>
<interp inst="t18660709-name-45" type="surname" value="GRIGSBY"/>
<interp inst="t18660709-name-45" type="given" value="WALTER"/>WALTER GRIGSBY</persName> </hi> (Policeman). On 9th June I was on duty in Fitzroy Square about four in the morning, and saw the prisoner carrying a bag—I asked him what he had got—he said, "Look for yourself," and threw it off his shoulder—I found 14 fowls in it, which had been recently killed—they were hot—I took him to the station, and said, "Where did you get them?"—he made no answer.</p>
<hi rend="italic">Prisoner's Defence</hi>. A man offered me 1
<hi rend="italic">s</hi>. to carry the bag to Leadenhall Market—I did not know what it contained.
<hi rend="smallCaps">
<rs id="t18660709-603-verdict-1" type="verdictDescription">
<interp inst="t18660709-603-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18660709-603-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">He was further charged with having been before convicted</hi>.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-46" type="witnessName">
<interp inst="t18660709-name-46" type="gender" value="male"/>
<interp inst="t18660709-name-46" type="surname" value="TURNER"/>
<interp inst="t18660709-name-46" type="given" value="CHARLES"/>CHARLES TURNER</persName> </hi> (338 S). I find a certificate (
<hi rend="italic">read</hi>)
<hi rend="italic">Marylebone Police Court. James Walmisley, convicted, on his own confession, July</hi>, 1865,
<hi rend="italic">of stealing fowls. Confined Six Months</hi>. I was present—the prisoner is the person.</p>
<hi rend="smallCaps">GUILTY</hi>.
<rs id="t18660709-603-punishment-15" type="punishmentDescription">
<interp inst="t18660709-603-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18660709-603-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-603-18660709 t18660709-603-punishment-15"/>
<hi rend="italic">Confined</hi> 18
<hi rend="italic">Months</hi>.</rs> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, July</hi> 10
<hi rend="italic">th</hi>, 1866.</p>
<hi rend="italic">Before Mr. Common Serjeant</hi>.</p>
<div1 type="trialAccount" id="t18660709-604">
<interp inst="t18660709-604" type="uri" value="sessionsPapers/18660709"/>
<interp inst="t18660709-604" type="date" value="18660709"/>
<join result="criminalCharge" id="t18660709-604-charge-1" targOrder="Y" targets="def1-604-18660709 t18660709-604-offence-1 t18660709-604-verdict-1"/>
<persName id="def1-604-18660709" type="defendantName">
<interp inst="def1-604-18660709" type="gender" value="male"/>
<interp inst="def1-604-18660709" type="age" value="14"/>
<interp inst="def1-604-18660709" type="surname" value="BURNS"/>
<interp inst="def1-604-18660709" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY BURNS</hi> (14)</persName>
<hi rend="smallCaps">
<rs id="t18660709-604-verdict-1" type="verdictDescription">
<interp inst="t18660709-604-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18660709-604-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18660709-604-offence-1" type="offenceDescription">
<interp inst="t18660709-604-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18660709-604-offence-1" type="offenceSubcategory" value="forgery"/>to feloniously forging and uttering an order for the payment of 6
<hi rend="italic">l</hi>., also an order for 4
<hi rend="italic">l</hi>., with intent to defraud.—</rs>
<hi rend="italic">
<rs id="t18660709-604-punishment-16" type="punishmentDescription">
<interp inst="t18660709-604-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18660709-604-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-604-18660709 t18660709-604-punishment-16"/>Confined Nine Months and Four years in a reformatory</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18660709-605">
<interp inst="t18660709-605" type="uri" value="sessionsPapers/18660709"/>
<interp inst="t18660709-605" type="date" value="18660709"/>
<join result="criminalCharge" id="t18660709-605-charge-1" targOrder="Y" targets="def1-605-18660709 t18660709-605-offence-1 t18660709-605-verdict-1"/>
<persName id="def1-605-18660709" type="defendantName">
<interp inst="def1-605-18660709" type="gender" value="male"/>
<interp inst="def1-605-18660709" type="age" value="28"/>
<interp inst="def1-605-18660709" type="surname" value="FERRIS"/>
<interp inst="def1-605-18660709" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY FERRIS</hi> (28)</persName>
<rs id="t18660709-605-offence-1" type="offenceDescription">
<interp inst="t18660709-605-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18660709-605-offence-1" type="offenceSubcategory" value="fraud"/>, to unlawfully obtaining 3
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., 1
<hi rend="italic">l</hi>. 17
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>., and 2
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>. by false pretences, with intent to defraud.—</rs>
<rs id="t18660709-605-punishment-17" type="punishmentDescription">
<interp inst="t18660709-605-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18660709-605-punishment-17" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-605-18660709 t18660709-605-punishment-17"/>
<hi rend="italic">Confined One Month</hi> </rs>.
<rs id="t18660709-605-verdict-1" type="verdictDescription">
<interp inst="t18660709-605-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18660709-605-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18660709-606">
<interp inst="t18660709-606" type="uri" value="sessionsPapers/18660709"/>
<interp inst="t18660709-606" type="date" value="18660709"/>
<join result="criminalCharge" id="t18660709-606-charge-1" targOrder="Y" targets="def1-606-18660709 t18660709-606-offence-1 t18660709-606-verdict-1"/>
<persName id="def1-606-18660709" type="defendantName">
<interp inst="def1-606-18660709" type="gender" value="male"/>
<interp inst="def1-606-18660709" type="age" value="23"/>
<interp inst="def1-606-18660709" type="surname" value="COX"/>
<interp inst="def1-606-18660709" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN COX</hi>**(23)</persName>
<rs id="t18660709-606-offence-1" type="offenceDescription">
<interp inst="t18660709-606-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18660709-606-offence-1" type="offenceSubcategory" value="pocketpicking"/>, to stealing a purse and 2
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. of
<persName id="t18660709-name-50" type="victimName">
<interp inst="t18660709-name-50" type="gender" value="female"/>
<interp inst="t18660709-name-50" type="surname" value="GALLAGHER"/>
<interp inst="t18660709-name-50" type="given" value="ELIZABETH"/>
<join result="offenceVictim" targOrder="Y" targets="t18660709-606-offence-1 t18660709-name-50"/>Elizabeth Gallagher</persName> from her person, having been before convicted.—</rs>
<rs id="t18660709-606-punishment-18" type="punishmentDescription">
<interp inst="t18660709-606-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18660709-606-punishment-18" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-606-18660709 t18660709-606-punishment-18"/>
<hi rend="italic">Seven Years in Penal Servitude</hi> </rs>.
<rs id="t18660709-606-verdict-1" type="verdictDescription">
<interp inst="t18660709-606-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18660709-606-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18660709-607">
<interp inst="t18660709-607" type="uri" value="sessionsPapers/18660709"/>
<interp inst="t18660709-607" type="date" value="18660709"/>
<join result="criminalCharge" id="t18660709-607-charge-1" targOrder="Y" targets="def1-607-18660709 t18660709-607-offence-1 t18660709-607-verdict-1"/>
<join result="criminalCharge" id="t18660709-607-charge-2" targOrder="Y" targets="def1-607-18660709 t18660709-607-offence-2 t18660709-607-verdict-1"/>
<persName id="def1-607-18660709" type="defendantName">
<interp inst="def1-607-18660709" type="gender" value="male"/>
<interp inst="def1-607-18660709" type="age" value="32"/>
<interp inst="def1-607-18660709" type="surname" value="HAZELL"/>
<interp inst="def1-607-18660709" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY HAZELL</hi> (32)</persName>
<rs id="t18660709-607-offence-1" type="offenceDescription">
<interp inst="t18660709-607-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18660709-607-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, to stealing six shirts of
<persName id="t18660709-name-52" type="victimName">
<interp inst="t18660709-name-52" type="gender" value="male"/>
<interp inst="t18660709-name-52" type="surname" value="BAKER"/>
<interp inst="t18660709-name-52" type="given" value="EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18660709-607-offence-1 t18660709-name-52"/>Edward Baker</persName> </rs>
<rs id="t18660709-607-offence-2" type="offenceDescription">
<interp inst="t18660709-607-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18660709-607-offence-2" type="offenceSubcategory" value="simpleLarceny"/>,
<hi rend="italic">also</hi> to seven other indictments for stealing shirts from divers persons. </rs>
<hi rend="italic">He received a good character.—
<rs id="t18660709-607-punishment-19" type="punishmentDescription">
<interp inst="t18660709-607-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18660709-607-punishment-19" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-607-18660709 t18660709-607-punishment-19"/>Confined Twelve Months</rs> </hi>.
<rs id="t18660709-607-verdict-1" type="verdictDescription">
<interp inst="t18660709-607-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18660709-607-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18660709-608">
<interp inst="t18660709-608" type="uri" value="sessionsPapers/18660709"/>
<interp inst="t18660709-608" type="date" value="18660709"/>
<join result="criminalCharge" id="t18660709-608-charge-1" targOrder="Y" targets="def1-608-18660709 t18660709-608-offence-1 t18660709-608-verdict-1"/>
<join result="criminalCharge" id="t18660709-608-charge-2" targOrder="Y" targets="def2-608-18660709 t18660709-608-offence-1 t18660709-608-verdict-1"/>
<persName id="def1-608-18660709" type="defendantName">
<interp inst="def1-608-18660709" type="gender" value="male"/>
<interp inst="def1-608-18660709" type="age" value="20"/>
<interp inst="def1-608-18660709" type="surname" value="CRONAN"/>
<interp inst="def1-608-18660709" type="given" value="JEREMIAH"/>
<hi rend="largeCaps">JEREMIAH CRONAN</hi> </persName>*†(20) and
<persName id="def2-608-18660709" type="defendantName">
<interp inst="def2-608-18660709" type="gender" value="male"/>
<interp inst="def2-608-18660709" type="age" value="20"/>
<interp inst="def2-608-18660709" type="surname" value="COLEMAN"/>
<interp inst="def2-608-18660709" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES COLEMAN</hi>** (20)</persName>
<rs id="t18660709-608-offence-2" type="offenceDescription">
<interp inst="t18660709-608-offence-2" type="offenceCategory" value="violentTheft"/>
<interp inst="t18660709-608-offence-2" type="offenceSubcategory" value="robbery"/>, to a robbery on William Brown, and stealing from his person one watch and part of a chain, his property,</rs>
<rs id="t18660709-608-punishment-20" type="punishmentDescription">
<interp inst="t18660709-608-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18660709-608-punishment-20" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-608-18660709 t18660709-608-punishment-20"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-608-18660709 t18660709-608-punishment-20"/>
<hi rend="italic">Five Years each in Penal Servitude</hi> </rs>.
<rs id="t18660709-608-verdict-1" type="verdictDescription">
<interp inst="t18660709-608-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18660709-608-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> And,</p> </div1>
<div1 type="trialAccount" id="t18660709-609">
<interp inst="t18660709-609" type="uri" value="sessionsPapers/18660709"/>
<interp inst="t18660709-609" type="date" value="18660709"/>
<join result="criminalCharge" id="t18660709-609-charge-1" targOrder="Y" targets="def1-609-18660709 t18660709-609-offence-1 t18660709-609-verdict-1"/>
<persName id="def1-609-18660709" type="defendantName">
<interp inst="def1-609-18660709" type="gender" value="male"/>
<interp inst="def1-609-18660709" type="age" value="30"/>
<interp inst="def1-609-18660709" type="surname" value="WOODWARD"/>
<interp inst="def1-609-18660709" type="given" value="ROBERT"/>
<hi rend="largeCaps">ROBERT WOODWARD</hi> (30)</persName>
<rs id="t18660709-609-offence-1" type="offenceDescription">
<interp inst="t18660709-609-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18660709-609-offence-1" type="offenceSubcategory" value="embezzlement"/>, to two indictments for embezzling 24
<hi rend="italic">l</hi>., 25
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>., 14
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>., and other sums, of
<persName id="t18660709-name-56" type="victimName">
<interp inst="t18660709-name-56" type="gender" value="male"/>
<interp inst="t18660709-name-56" type="surname" value="HUTTON"/>
<interp inst="t18660709-name-56" type="given" value="CHARLES WILLIAM COOKWORTHY"/>
<join result="offenceVictim" targOrder="Y" targets="t18660709-609-offence-1 t18660709-name-56"/>Charles William Cook worthy Hutton</persName> and another, his masters.</rs>
<hi rend="italic">Strongly recommended to mercy by the prosecutors, on account of his family and his bad health.—
<rs id="t18660709-609-punishment-21" type="punishmentDescription">
<interp inst="t18660709-609-punishment-21" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18660709-609-punishment-21" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-609-18660709 t18660709-609-punishment-21"/>To enter into his own recognisances to appear and receive judgment when called upon</rs> </hi>.
<rs id="t18660709-609-verdict-1" type="verdictDescription">
<interp inst="t18660709-609-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18660709-609-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18660709-610">
<interp inst="t18660709-610" type="uri" value="sessionsPapers/18660709"/>
<interp inst="t18660709-610" type="date" value="18660709"/>
<join result="criminalCharge" id="t18660709-610-charge-1" targOrder="Y" targets="def1-610-18660709 t18660709-610-offence-1 t18660709-610-verdict-1"/>
<join result="criminalCharge" id="t18660709-610-charge-2" targOrder="Y" targets="def2-610-18660709 t18660709-610-offence-1 t18660709-610-verdict-1"/>
<persName id="def1-610-18660709" type="defendantName">
<interp inst="def1-610-18660709" type="gender" value="male"/>
<interp inst="def1-610-18660709" type="age" value="34"/>
<interp inst="def1-610-18660709" type="surname" value="ALLEN"/>
<interp inst="def1-610-18660709" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES ALLEN</hi> (34)</persName> and
<persName id="def2-610-18660709" type="defendantName">
<interp inst="def2-610-18660709" type="gender" value="male"/>
<interp inst="def2-610-18660709" type="age" value="19"/>
<interp inst="def2-610-18660709" type="surname" value="DWYER"/>
<interp inst="def2-610-18660709" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS DWYER</hi> (19)</persName>
<rs id="t18660709-610-offence-1" type="offenceDescription">
<interp inst="t18660709-610-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18660709-610-offence-1" type="offenceSubcategory" value="animalTheft"/>, Stealing one gelding and one rug, the property of
<persName id="t18660709-name-59" type="victimName">
<interp inst="t18660709-name-59" type="gender" value="male"/>
<interp inst="t18660709-name-59" type="surname" value="MEACOCK"/>
<interp inst="t18660709-name-59" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18660709-610-offence-1 t18660709-name-59"/>James Meacock</persName>.</rs> </p>
<hi rend="smallCaps">MR. COOPER</hi>
<hi rend="italic">conducted the Prosecution, and</hi>
<hi rend="smallCaps">MR. WILLIAMS</hi>
<hi rend="italic">the Defence</hi>.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-60" type="witnessName">
<interp inst="t18660709-name-60" type="gender" value="male"/>
<interp inst="t18660709-name-60" type="surname" value="MEACOCK"/>
<interp inst="t18660709-name-60" type="given" value="JAMES"/>JAMES MEACOCK</persName> </hi>. I am a gasfitter, of 40, West Smithfield, and have</p>
<xptr type="pageFacsimile" doc="186607090010"/>
<p>stables in Sharpe's Alley—on 21st June I received a horse from the Smithfield station-house—it was mine, and had been standing at the factory in Sharpe's Alley the night before—Taylor gave me a horse
<lb/>rug of mine at his place—it was on the horse's back when he was taken away.</p>
<hi rend="italic">Cross-examined. Q.</hi> Was it a very old horse?
<hi rend="italic">A.</hi> No; he was not blind or a roarer—I gave 30 guineas for him.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-61" type="witnessName">
<interp inst="t18660709-name-61" type="gender" value="female"/>
<interp inst="t18660709-name-61" type="surname" value="WORMENTER"/>
<interp inst="t18660709-name-61" type="given" value="ANN"/>ANN WORMENTER</persName> </hi>. I am servant to Mrs. Harvey, of Sharpe's Alley, West Smithfield—Mr. Meacock's stables are there—on Wednesday night, 20th June, about ten minutes to ten, I saw a short man take the horse out of the stable and lead it into West Street—I saw Dwyer in Sharpe's Alley that night about nine o'clock dressed as he is now—he passed me, and I had a good sight of him—I am sure of him—I had never seen him before.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-62" type="witnessName">
<interp inst="t18660709-name-62" type="gender" value="male"/>
<interp inst="t18660709-name-62" type="surname" value="BRENT"/>
<interp inst="t18660709-name-62" type="given" value="JAMES"/>JAMES BRENT</persName> </hi>. I am an errand boy, and live at 1, Faulkner's Court, Cow Cross—on 20th June, a little before twelve at night, I was playing in the road in West Street and saw the prisoner Allen riding a horse which I have since seen in the stable and recognised as Mr. Meacock's.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-63" type="witnessName">
<interp inst="t18660709-name-63" type="gender" value="male"/>
<interp inst="t18660709-name-63" type="surname" value="DOBELL"/>
<interp inst="t18660709-name-63" type="given" value="SAMUEL"/>SAMUEL DOBELL</persName> </hi> (147 X). On 21st June, about half-past ten in the morning, I went with another policeman to a stable in Carlisle Mews, Edgware Road, and saw Allen there—I told him I had come to take him in custody for being concerned, with other men not in custody, in stealing a horse belonging to Mr. Meacock—he said, "I had nothing to do with stealing the horse, two men brought it to my master's stables last night, it remained there about two hours, and then I took it round to Mr. Taylor's and sold it for 3
<hi rend="italic">l</hi>., Dwyer and two other men went to Mr. Taylor's and knocked him up, he looked out at his window, and they asked him if he would buy the horse, he said, 'Yes,' they asked 6
<hi rend="italic">l</hi>. first, he said that he would not give more than 3
<hi rend="italic">l</hi>., a cabman named Couzens went up for the money, he gave it to them, and they went to a public-house and had some drink"—he said that he did not know the other men, or why they brought the horse to his master's—I found on Allen one shilling and a halfpenny.</p>
<hi rend="italic">Cross-examined. Q.</hi> Did he not say, "The horse was brought to our mews last night about half-past ten for my master to buy?"
<hi rend="italic">A.</hi> I believe he did.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-64" type="witnessName">
<interp inst="t18660709-name-64" type="gender" value="male"/>
<interp inst="t18660709-name-64" type="surname" value="WOODMAN"/>
<interp inst="t18660709-name-64" type="given" value="ARTHUR"/>ARTHUR WOODMAN</persName> </hi> (83 X). I was with Dobell when he took Allen—I took Dwyer at 8, Duke Street, Marylebone—I said, "I shall take you in custody; you are charged with stealing a horse of Mr. Meacock's, from West Street, Smithfield"—he said, "I know nothing about it, I had nothing to do with it, the horse was brought last night about half-past ten to Carlisle Mews, I went with Allen and two other men to Mr. Taylor's, and sold the horse for 3
<hi rend="italic">l</hi>., I said to Allen at the time I thought that the horse was stolen"—I took Dwyer to the station, searched him, and found fourpence and a common key on him.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-65" type="witnessName">
<interp inst="t18660709-name-65" type="gender" value="male"/>
<interp inst="t18660709-name-65" type="surname" value="MORLEY"/>
<interp inst="t18660709-name-65" type="given" value="GEORGE"/>GEORGE MORLEY</persName> </hi>. I live at 18, Greville Street, Leather Lane, and am ostler to Mr. Meacock, whose stables are in Sharpe's Alley—about a quarter-past seven o'clock on the night of 20th June I left Mr. Meacock's horse in the stable—that was the only horse there—the stable door was fastened with a button, and the yard-gate with a padlock—I buttoned the door, locked the gate, and took the key with me—about a quarter-past six next morning the padlock was gone, and the horse also, with the head-stall and cloth—I have seen the horse since—it is the same.</p>
<hi rend="italic">Cross-examined. Q.</hi> What coloured horse was it?
<hi rend="italic">A.</hi> A dark bay, not a chestnut.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-66" type="witnessName">
<interp inst="t18660709-name-66" type="gender" value="male"/>
<interp inst="t18660709-name-66" type="surname" value="TAYLOR"/>
<interp inst="t18660709-name-66" type="given" value="RICHARD"/>RICHARD TAYLOR</persName> </hi>. I am a Cowkeeper, of 6, Grove Mews, Lisson</p>
<xptr type="pageFacsimile" doc="186607090011"/>
<p>Grove—on the night of 20th June four men came to my place with a horse—the prisoners are two of them—I had had a drop of drink, and was in bed—I was called by Couzens—one of the men said that they had got an old horse to sell—I put my head out at the window and could just see the horse—that was all—they asked 4
<hi rend="italic">l</hi>. for it, and then 3
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—I bought it for 3
<hi rend="italic">l</hi>.—Couzens was standing with them—he said that it was a "
<hi rend="italic">ball</hi>," and a. broken-kneed one—a "ball" is a
<hi rend="italic">roarer</hi>—the horse-cloth was left with the horse—I gave it to Mr. Meacock the next morning, and he and I took the horse to the station.</p>
<hi rend="italic">Cross-examined. Q.</hi> Did Couzens call you up and describe the animal?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-67" type="witnessName">
<interp inst="t18660709-name-67" type="gender" value="male"/>
<interp inst="t18660709-name-67" type="surname" value="COUZENS"/>
<interp inst="t18660709-name-67" type="given" value="JOSEPH"/>JOSEPH COUZENS</persName> </hi>. I live at 5, Grove Mews—on 20th June at midnight I came in with my cab—the prisoner and two other men were at Taylor's door—I asked them what they were doing—they said that they were knocking Mr. Taylor up, as they had a horse to sell—I said, "I will knock him up"—I did so, and went about my business—Taylor afterwards sent to say he wanted to speak to me—I eventually got two sovereigns and two half-sovereigns from Mr. Taylor to pay the men—I put the horse in Taylor's stable.</p>
<hi rend="italic">Cross-examined. Q.</hi> Did you pay the money to the prisoners?
<hi rend="italic">A.</hi> No—they gave me nothing for my trouble, but we all went and had something to drink—I gave the money to one of the other two men—he had a moustache.</p>
<hi rend="smallCaps">
<rs id="t18660709-610-verdict-1" type="verdictDescription">
<interp inst="t18660709-610-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18660709-610-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18660709-611">
<interp inst="t18660709-611" type="uri" value="sessionsPapers/18660709"/>
<interp inst="t18660709-611" type="date" value="18660709"/>
<join result="criminalCharge" id="t18660709-611-charge-1" targOrder="Y" targets="def1-611-18660709 t18660709-611-offence-1 t18660709-611-verdict-1"/>
<join result="criminalCharge" id="t18660709-611-charge-2" targOrder="Y" targets="def2-611-18660709 t18660709-611-offence-1 t18660709-611-verdict-1"/>
<persName id="def1-611-18660709" type="defendantName">
<interp inst="def1-611-18660709" type="gender" value="male"/>
<interp inst="def1-611-18660709" type="age" value="23"/>
<interp inst="def1-611-18660709" type="surname" value="PEARCE"/>
<interp inst="def1-611-18660709" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN PEARCE</hi> (23)</persName> and
<persName id="def2-611-18660709" type="defendantName">
<interp inst="def2-611-18660709" type="gender" value="male"/>
<interp inst="def2-611-18660709" type="age" value="18"/>
<interp inst="def2-611-18660709" type="surname" value="KELLY"/>
<interp inst="def2-611-18660709" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES KELLY</hi> (18)</persName>
<rs id="t18660709-611-offence-1" type="offenceDescription">
<interp inst="t18660709-611-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18660709-611-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery on
<persName id="t18660709-name-70" type="victimName">
<interp inst="t18660709-name-70" type="gender" value="male"/>
<interp inst="t18660709-name-70" type="surname" value="THURLOW"/>
<interp inst="t18660709-name-70" type="given" value="ROBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t18660709-611-offence-1 t18660709-name-70"/>Robert Thurlow</persName>, and stealing from his person 17
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>., his money.</rs> </p>
<hi rend="smallCaps">MR. COOPER</hi>
<hi rend="italic">Prosecuted</hi>.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-71" type="witnessName">
<interp inst="t18660709-name-71" type="gender" value="male"/>
<interp inst="t18660709-name-71" type="surname" value="THURLOW"/>
<interp inst="t18660709-name-71" type="given" value="ROBERT"/>ROBERT THURLOW</persName> </hi> (City Police Sergeant 58). On Wednesday night, 4th July, about ten minutes to twelve o'clock, I was in plain clothes near the Tower ditch, and met five men—I swear positively to Pearce, and have no doubt Kelly is another—I stood one side, to allow them to pass me, on some blue clay near some sewage works—Pearce struck me, and I fell—he then got on me, tore my watchguard from my pocket, and attempted to take my watch—Kelly was at my trousers pocket, and attempted to take my money—my pocket was completely torn away—about 17
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>. was stolen from me—I called out "Police!" and Pearce took up some blue moist clay and plastered it in my mouth—I struggled hard with them, and eventually they got away—I was in the act of getting up when I was kicked on the knee
<lb/>cap by one of them—I saved my watch—I pursued them, but I was not able to run, and they got away.</p>
<hi rend="italic">Pearce. Q.</hi> Look at me, and see if I am the man.
<hi rend="italic">A.</hi> I am positive of you—I know you by your moustache and general appearance—there were lights at the top of the sewage works not six yards off.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-72" type="witnessName">
<interp inst="t18660709-name-72" type="gender" value="male"/>
<interp inst="t18660709-name-72" type="surname" value="NEWMAN"/>
<interp inst="t18660709-name-72" type="given" value="JOSEPH"/>JOSEPH NEWMAN</persName> </hi> (146 H). On 5th July, about half-past one in the morning, the prisoners and some others were pointed out to me—they ran down a court—I secured Kelly, and Fox took Pearce—I told Kelly I wanted him—he said that he knew nothing about what it was for—I took him to the prosecutor, who said, "That is the man"—I then told him the charge.</p>
<hi rend="italic">Pearce's Defence</hi>. I was pretty well tipsy when I met this sailor
<hi rend="italic">chap</hi>, and as I spoke to him several persons jumped upon him, and I was taken to the station-house—I was not with them—a ship's steward who was with</p>
<xptr type="pageFacsimile" doc="186607090014"/>
<p>me, and who can be found, can prove that I am innocent, and if he cannot be found there is another man, but I do not know his name.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-73" type="witnessName">
<interp inst="t18660709-name-73" type="gender" value="male"/>
<interp inst="t18660709-name-73" type="surname" value="FOX"/>
<interp inst="t18660709-name-73" type="given" value="JOHN"/>JOHN FOX</persName> </hi> (Policeman). I took prisoner on the morning of the 5th, about half-past one o'clock, on a charge of robbing Mullens, a sailor—he said that he had struck him, but had not robbed him—I knew of the rob
<lb/>bery on Thurlow, but said nothing about it, as I took him on a different charge—his dress was pulled about, but it was not covered with mud.</p>
<hi rend="smallCaps">
<rs id="t18660709-611-verdict-1" type="verdictDescription">
<interp inst="t18660709-611-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18660709-611-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18660709-612">
<interp inst="t18660709-612" type="uri" value="sessionsPapers/18660709"/>
<interp inst="t18660709-612" type="date" value="18660709"/>
<join result="criminalCharge" id="t18660709-612-charge-1" targOrder="Y" targets="def1-612-18660709 t18660709-612-offence-1 t18660709-612-verdict-1"/>
<join result="criminalCharge" id="t18660709-612-charge-2" targOrder="Y" targets="def2-612-18660709 t18660709-612-offence-1 t18660709-612-verdict-2"/>
<persName id="def1-612-18660709" type="defendantName">
<interp inst="def1-612-18660709" type="gender" value="male"/>
<interp inst="def1-612-18660709" type="age" value="23"/>
<interp inst="def1-612-18660709" type="surname" value="PEARCE"/>
<interp inst="def1-612-18660709" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN PEARCE</hi> </persName> and
<persName id="def2-612-18660709" type="defendantName">
<interp inst="def2-612-18660709" type="gender" value="male"/>
<interp inst="def2-612-18660709" type="age" value="18"/>
<interp inst="def2-612-18660709" type="surname" value="KELLY"/>
<interp inst="def2-612-18660709" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES KELLY</hi> </persName> were
<hi rend="italic">again</hi> indicted for
<rs id="t18660709-612-offence-1" type="offenceDescription">
<interp inst="t18660709-612-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18660709-612-offence-1" type="offenceSubcategory" value="robbery"/>a robbery on
<persName id="t18660709-name-76" type="victimName">
<interp inst="t18660709-name-76" type="gender" value="male"/>
<interp inst="t18660709-name-76" type="surname" value="MULLENS"/>
<interp inst="t18660709-name-76" type="given" value="HUGH"/>
<join result="offenceVictim" targOrder="Y" targets="t18660709-612-offence-1 t18660709-name-76"/>Hugh Mullens</persName>, and stealing from his person four pieces of paper and 18
<hi rend="italic">s</hi>. in money, his property.</rs> </p>
<hi rend="smallCaps">MR. COOPER</hi>
<hi rend="italic">conducted the Prosecution</hi>.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-77" type="witnessName">
<interp inst="t18660709-name-77" type="gender" value="male"/>
<interp inst="t18660709-name-77" type="surname" value="MULLENS"/>
<interp inst="t18660709-name-77" type="given" value="HUGH"/>HUGH MULLENS</persName> </hi>. I am a seaman, and live at 11, Upper East Smithfield—on 4th July, about one o'clock in the morning, I was passing Rosemary Lane, on my way home, and met Pearce—he walked by my side, and in about five minutes Kelly and four men came up—Pearce then struck me a hard blow on my nose and on my mouth, which made me bleed—Kelly seized me by the throat and robbed me of 18
<hi rend="italic">s</hi>. and these four discharge certificates (
<hi rend="italic">produced</hi>)—I informed the police, who afterwards brought the prisoners to me—I am sure they are the men.</p>
<hi rend="italic">Pearce</hi>. I struck you, but that is not robbing you. Was I by myself?
<hi rend="italic">A.</hi> Yes, at first.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-78" type="witnessName">
<interp inst="t18660709-name-78" type="gender" value="male"/>
<interp inst="t18660709-name-78" type="surname" value="NEWMAN"/>
<interp inst="t18660709-name-78" type="given" value="JOSEPH"/>JOSEPH NEWMAN</persName> </hi> (146 H). On 4th July, about half-past one in the morning, I received information from Mullens, who pointed out Pearce, and I saw four persons—Kelly was among them—I pursued Kelly, and took him back to Mullens, who identified him directly—I searched him at the station, and found 7
<hi rend="italic">d</hi>. on him.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-79" type="witnessName">
<interp inst="t18660709-name-79" type="gender" value="male"/>
<interp inst="t18660709-name-79" type="surname" value="FOX"/>
<interp inst="t18660709-name-79" type="given" value="JOHN"/>JOHN FOX</persName> </hi> (144 H). I took Pearce in Royal Mint Street at half-past one in the morning of 6th July, and found on him these four discharges—Mullens identified him as soon as he saw him.</p>
<hi rend="italic">Pearce's Defence</hi>. I own I struck him—one of the men asked me if I should know the prosecutor again—I said "Yes," and he gave me these discharges to give to him if I saw him.</p>
<hi rend="largeCaps">PEARCE</hi>
<hi rend="smallCaps">
<rs id="t18660709-612-verdict-1" type="verdictDescription">
<interp inst="t18660709-612-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18660709-612-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="largeCaps">KELLY</hi>
<hi rend="smallCaps">
<rs id="t18660709-612-verdict-2" type="verdictDescription">
<interp inst="t18660709-612-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18660709-612-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.**</p>
<hi rend="italic">
<rs id="t18660709-612-punishment-22" type="punishmentDescription">
<interp inst="t18660709-612-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18660709-612-punishment-22" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-612-18660709 t18660709-612-punishment-22"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-612-18660709 t18660709-612-punishment-22"/>Five Year each in Penal Servitude</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18660709-613">
<interp inst="t18660709-613" type="uri" value="sessionsPapers/18660709"/>
<interp inst="t18660709-613" type="date" value="18660709"/>
<join result="criminalCharge" id="t18660709-613-charge-1" targOrder="Y" targets="def1-613-18660709 t18660709-613-offence-1 t18660709-613-verdict-1"/>
<persName id="def1-613-18660709" type="defendantName">
<interp inst="def1-613-18660709" type="gender" value="male"/>
<interp inst="def1-613-18660709" type="age" value="35"/>
<interp inst="def1-613-18660709" type="surname" value="WILLIAMS"/>
<interp inst="def1-613-18660709" type="given" value="STEPHEN"/>
<hi rend="largeCaps">STEPHEN WILLIAMS</hi> (35)</persName>
<rs id="t18660709-613-offence-1" type="offenceDescription">
<interp inst="t18660709-613-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18660709-613-offence-1" type="offenceSubcategory" value="forgery"/>, Feloniously forging and uttering an acceptance for 7
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. with intent to defraud.</rs> </p>
<hi rend="smallCaps">MR. METCALFE</hi> and
<hi rend="smallCaps">MR. PATTESON</hi>
<hi rend="italic">Prosecuted</hi>.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-81" type="witnessName">
<interp inst="t18660709-name-81" type="gender" value="male"/>
<interp inst="t18660709-name-81" type="surname" value="PRESTON"/>
<interp inst="t18660709-name-81" type="given" value="WILLIAM"/>WILLIAM PRESTON</persName> </hi>. I am clerk to Williams, Allanson, and Co., brewers, of North Shields—on 15th June I enclosed a Post Office order for 7
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. to Mr. B. S. Williams, Victoria Nursery, Holloway, London—I also en
<lb/>closed his account, which had to be returned receipted—I fastened my letter, and gave it to another clerk to post.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-82" type="witnessName">
<interp inst="t18660709-name-82" type="gender" value="male"/>
<interp inst="t18660709-name-82" type="surname" value="HARDY"/>
<interp inst="t18660709-name-82" type="given" value="JOHN"/>JOHN HARDY</persName> </hi>. I am in the employ of Messrs. Allanson—on 15th June I procured a Post Office order for 7
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. at the North Shields office, which I took to my employers—I afterwards received a letter from Mr. Preston, addressed to Mr. Williams, and posted it in the same con
<lb/>dition as I received it, between four and five o'clock, at the Bell Inn receiving house, North Shields.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-83" type="witnessName">
<interp inst="t18660709-name-83" type="gender" value="male"/>
<interp inst="t18660709-name-83" type="surname" value="MILNER"/>
<interp inst="t18660709-name-83" type="given" value="WILLIAM"/>WILLIAM MILNER</persName> </hi>. I am a clerk in the North Shields post office—on 15th June I issued this order for 7
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. on the Upper Holloway office, for</p>
<xptr type="pageFacsimile" doc="186607090015"/>
<p>Messrs. Allanson—I forwarded a letter of advice by the same night's post—a letter posted at the Bell Inn shortly after four o'clock would leave Shields at forty-five minutes past nine, and would be delivered in London next morning by the second delivery—I made up the bag.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-84" type="witnessName">
<interp inst="t18660709-name-84" type="gender" value="male"/>
<interp inst="t18660709-name-84" type="surname" value="MENDON"/>
<interp inst="t18660709-name-84" type="given" value="GEORGE"/>GEORGE MENDON</persName> </hi>. I am sorter at the Northern District Office, London—I remember the northern mail bag arriving at twenty minutes past ten on 16th June from North Shields—it was safely tied and sealed—I opened it and took out the letters—a letter for Mr. B.S. Williams, of Holloway, would be forwarded at half-past twelve o'clock to the Upper Holloway office.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-85" type="witnessName">
<interp inst="t18660709-name-85" type="gender" value="male"/>
<interp inst="t18660709-name-85" type="surname" value="BOURNE"/>
<interp inst="t18660709-name-85" type="given" value="HENRY"/>HENRY BOURNE</persName> </hi>. I am a sorter in the northern office—I made up the mail bag on 16th June for the Upper Holloway office—a letter for Mr. B.S. Williams, of Holloway, would be forwarded in that bag.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-86" type="witnessName">
<interp inst="t18660709-name-86" type="gender" value="indeterminate"/>
<interp inst="t18660709-name-86" type="surname" value="HATBUNN"/>
<interp inst="t18660709-name-86" type="given" value="LEWIN"/>LEWIN HATBUNN</persName> </hi>. I am head letter carrier at the Upper Holloway sorting office—the prisoner was a letter carrier employed there—I received the northern mail bag on 16th June shortly after one o'clock—the prisoner was then on duty—I assist in sorting letters that come in the bag—he should have sorted any letters for Mr. Williams, of the Victoria Nursery, to me—I delivered all letters that came into my hands for Mr. Williams that day.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-87" type="witnessName">
<interp inst="t18660709-name-87" type="gender" value="male"/>
<interp inst="t18660709-name-87" type="surname" value="HAWKINS"/>
<interp inst="t18660709-name-87" type="given" value="WILLIAM"/>WILLIAM HAWKINS</persName> </hi>. I am cashier to Mr. Benjamin Williams, of Victoria Nursery—Allanson and Co. are his customers—I received no letter from them containing an order on 16th June—I am authorised to give receipts for orders—I know nothing of the prisoner—I never au
<lb/>thorised him to sign this order.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-88" type="witnessName">
<interp inst="t18660709-name-88" type="gender" value="male"/>
<interp inst="t18660709-name-88" type="surname" value="BARRETT"/>
<interp inst="t18660709-name-88" type="given" value="JOSIAH"/>JOSIAH BARRETT</persName> </hi>. I am assistant to Mrs. Rait, who keeps the receiving house in Manor Place, Upper Holloway—I received this letter of advice, and afterwards, about three o'clock, the prisoner came in plain clothes and presented this order—I said I had not sufficient cash, as I had been paying a large amount away, and asked him to call about five o'clock—he called at five, and waited ten minutes, and then gave me the order not signed—I gave it him back again to sign, and he at once signed it "B.S. Williams," which was the name in my letter of advice—I asked him who it came from—he said Mr. H. Allanson, of North Shields—that corresponded with my letter of advice—I asked him his name—he said, "B.S. Williams," and I at once paid him—he did not count the money, but swept it off the counter and dropped some of it on the floor—that excited my suspicion—he seemed to be in a great hurry—I got out and gave instruction to another assistant, Mr. Paddy, to watch him—I afterwards picked the prisoner out at the Holloway sorting office.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-89" type="witnessName">
<interp inst="t18660709-name-89" type="gender" value="male"/>
<interp inst="t18660709-name-89" type="surname" value="PADDY"/>
<interp inst="t18660709-name-89" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY PADDY</persName> </hi>. I am assistant to Mrs. Rait—on 16th June, about three o'clock, the prisoner came to the office—I saw him again about five—he then received some money—he swept it off the counter, and put it into his pocket—he dropped a sovereign—he left, and I followed him to the Cock Tavern, at the corner of Grove Road—he went up Grove Road—I followed him—he turned down Devonshire Road, where I lost sight of him, and went back to the office—he did not go in the direction of the nursery—on 2nd July I saw him delivering letters—I have no doubt he is the same person.</p>
<hi rend="italic">Prisoner. Q.</hi> You said before the magistrate that you saw me with a woman?
<hi rend="italic">A.</hi> Yes—it was four or five minutes' walk to the public-house.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Where was the woman?
<hi rend="italic">A.</hi> At the corner of the Cock Tavern—after speaking to her he went on—he had dark clothes on and a black hatband.</p>
<xptr type="pageFacsimile" doc="186607090016"/>
<hi rend="smallCaps">
<persName id="t18660709-name-90" type="witnessName">
<interp inst="t18660709-name-90" type="gender" value="male"/>
<interp inst="t18660709-name-90" type="surname" value="BINGHAM"/>
<interp inst="t18660709-name-90" type="given" value="HENRY"/>HENRY BINGHAM</persName> </hi>. I am an officer attached to the Post Office—I took the prisoner on 3rd July—I went to his house, 47, Devonshire Road, and found a suit of mourning and a hat with a band on it—he lives four doors down from where Paddy lost sight of him, so that he would be inside his house before Paddy got to the corner.</p>
<hi rend="italic">Prisoner's Defence</hi>. I never was in company with a woman in the Holloway Road—I had the black clothes ever since the death of my last child, six weeks ago—my wife is dangerously ill at home.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">WILLIAM PRESTON</hi>.
<hi rend="italic">Q.</hi> Did the letter in which you en
<lb/>closed the order contain the name of the person to whom it was payable?
<hi rend="italic">A.</hi> Yes; and the name of Mr. Allanson, and all the particulars.</p>
<hi rend="smallCaps">
<rs id="t18660709-613-verdict-1" type="verdictDescription">
<interp inst="t18660709-613-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18660709-613-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18660709-613-punishment-23" type="punishmentDescription">
<interp inst="t18660709-613-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18660709-613-punishment-23" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-613-18660709 t18660709-613-punishment-23"/>Five Years' Penal Servitude</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18660709-614">
<interp inst="t18660709-614" type="uri" value="sessionsPapers/18660709"/>
<interp inst="t18660709-614" type="date" value="18660709"/>
<join result="criminalCharge" id="t18660709-614-charge-1" targOrder="Y" targets="def1-614-18660709 t18660709-614-offence-1 t18660709-614-verdict-1"/>
<join result="criminalCharge" id="t18660709-614-charge-2" targOrder="Y" targets="def2-614-18660709 t18660709-614-offence-1 t18660709-614-verdict-1"/>
<persName id="def1-614-18660709" type="defendantName">
<interp inst="def1-614-18660709" type="gender" value="male"/>
<interp inst="def1-614-18660709" type="age" value="30"/>
<interp inst="def1-614-18660709" type="surname" value="MITCHELL"/>
<interp inst="def1-614-18660709" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM MITCHELL</hi> (30)</persName> and
<persName id="def2-614-18660709" type="defendantName">
<interp inst="def2-614-18660709" type="gender" value="male"/>
<interp inst="def2-614-18660709" type="age" value="25"/>
<interp inst="def2-614-18660709" type="surname" value="AMBROSE"/>
<interp inst="def2-614-18660709" type="given" value="MONTAGUE"/>
<hi rend="largeCaps">MONTAGUE AMBROSE</hi> (25)</persName>
<rs id="t18660709-614-offence-1" type="offenceDescription">
<interp inst="t18660709-614-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18660709-614-offence-1" type="offenceSubcategory" value="fraud"/>, Unlawfully obtaining a Post Office order for 9
<hi rend="italic">l</hi>. and a promissory note for 150
<hi rend="italic">l</hi>. by false pretences.</rs> </p>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi> and
<hi rend="smallCaps">MR. POLAND</hi>
<hi rend="italic">prosecuted</hi>, and
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">defended Ambrose</hi>.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-93" type="witnessName">
<interp inst="t18660709-name-93" type="gender" value="female"/>
<interp inst="t18660709-name-93" type="surname" value="DORLING"/>
<interp inst="t18660709-name-93" type="given" value="MARIA"/>MARIA DORLING</persName> </hi>. I am the wife of George Dorling, of 422, Euston Road—my husband has lived there for sixteen years and I thirteen years—we keep an oyster shop—early in November last the prisoner Mitchell called, and asked if I would be kind enough to oblige him by taking in a few letters for his father-in-law, Mr. Crofts, who had come up from the country—I said, "Yes"—he said he would pay me half-a-crown a week for my trouble—after that some letters came addressed, "T. W. Crofts, 422, Euston Road"—next day Ambrose came and asked for letters for Mr. Crofts—I gave them to him—letters arrived nearly every day for three weeks or a month, sometimes two a day, and sometimes three—Ambrose gene
<lb/>rally came for them—I knew him by the name of Lisson—Mitchell used to be with him, but waited outside—Mitchell never came alone to fetch letters—my husband gave the letters sometimes—Ambrose used to wear a moustache—we keep the whole of the premises—they are very small—there is no London Imperial Advance Company carrying on business there, or any office, or anything of the kind—I never heard of such A company.</p>
<hi rend="italic">Mitchell. Q.</hi> I believe you saw Mr. Crofts and made arrangements with him?
<hi rend="italic">A.</hi> No; but you brought him with you, and said he was your father-in-law—I never saw his two sons—they did not call.</p>
<hi rend="italic">Cross-examined. Q.</hi> You say Mitchell came first?
<hi rend="italic">A.</hi> Yes; and the next time he brought Crofts—the first time that the letters came Mitchell came and brought Ambrose, and asked me to be kind enough and give them to Ambrose—I had seen Mitchell before—he may have come into my shop before for years on and off as a customer—I have seen Mitchell outside on several occasions when Ambrose has called for letters, but have not seen Ambrose deliver them to Mitchell—Ambrose did not open them inside—he went out as if to deliver them to Mitchell—he used to come every morning—I referred him to my husband when the arrange
<lb/>ment was made, but he did not see my husband till after the letters came.</p>
<hi rend="smallCaps">MR. POLAND</hi>.
<hi rend="italic">Q.</hi> Did Ambrose pay you the half-crown for taking in the letters?
<hi rend="italic">A.</hi> Yes—Mitchell never came alone—I only saw Crofts twice—I don't know where he is—I think newspapers came and about a dozen letters altogether—sometimes two and sometimes more—it was going on for three weeks or a month.</p>
<xptr type="pageFacsimile" doc="186607090017"/>
<hi rend="smallCaps">
<persName id="t18660709-name-94" type="witnessName">
<interp inst="t18660709-name-94" type="gender" value="male"/>
<interp inst="t18660709-name-94" type="surname" value="DORLING"/>
<interp inst="t18660709-name-94" type="given" value="GEORGE"/>GEORGE DORLING</persName> </hi>. I am the husband of the last witness—I know the prisoners—I saw them both about November and December, and my wife told me of the arrangement she had made—Mitchell or Ambrose came next morning for letters addressed, "T. W. Crofts"—he called for about a month or three weeks almost every morning—Mitchell did not come with him except once, when he said I was to give the letters to
<hi rend="italic">Dick</hi>, that they were for his father-in-law, and that it was all right—Dick paid me 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. a week for taking in the letters—I know him by no other name—I do not know Mr. Crofts—after I had been taking in these letters for some time I received a communication from the police, in consequence of which I spoke to
<hi rend="italic">Dick</hi>, and said that a policeman named Mason from Albany Street had been there, and that I should not receive any more letters—Ambrose said, "It is all right; I will fetch Mr. Crofts"—he said it was merely an advertise
<lb/>ment—he also said, "Will you allow me to continue a little longer, as we cannot alter our advertisement for a few days?"—I agreed to take the letters in for a few days longer—I saw Ambrose after that, and said, "The police have come, and your game is up"—he said, "Oh! no; it is quite right; I will go and fetch Mr. Crofts"—that was the last time I saw him—there is no "London Imperial Loan, Credit, and Advance Company" carried on at my house.</p>
<hi rend="italic">Cross-examined. Q.</hi> You are not a director of any company?
<hi rend="italic">A.</hi> No—when he said he would fetch Mr. Crofts he did not say he would fetch Mitchell also—I have known Mitchell six or seven years—the first time I saw Ambrose was when he was introduced by Mitchell.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-95" type="witnessName">
<interp inst="t18660709-name-95" type="gender" value="male"/>
<interp inst="t18660709-name-95" type="surname" value="WOOD"/>
<interp inst="t18660709-name-95" type="given" value="JOHN"/>JOHN WOOD</persName> </hi>. I am a batcher, living at Halifax, Yorkshire—in November last I saw this advertisement in a newspaper (
<hi rend="italic">This was headed "Money, money, money," and offered loans "at a low rate of interest," and requested borrowers to send a reference and a stamped envelope to T.W. Crofts</hi>, 422,
<hi rend="italic">Euston Road, London</hi>)—Being in want of money, I wrote an answer to that advertisement at the latter end of November (
<hi rend="italic">W. T. Kirby here deposed to serving a notice to produce this letter on both the prisoner and on Ambrose's solicitor</hi>)—I wrote, "Sir,—I want you to be so good as to send me word how much interest you require me to pay, and let me know what you mean by a reference"—I addressed it, "T. W. Crofts, 422, Euston Road, London," and received this answer, "December 7, 1865. Yours is to hand, with enclosure, and immediately I hear from your reference the same shall have attention and the matter as speedily arranged as pos
<lb/>sible. T. W. Crofts."—after that I received this letter (
<hi rend="italic">This was dated December</hi> 9, 1865, 422,
<hi rend="italic">Euston Road, from T. W. Crofts to W. T. Kirby, informing him that a loan of</hi> £150
<hi rend="italic">was granted to him for</hi> 12
<hi rend="italic">years, at</hi> 6
<hi rend="italic">per cent., to be repaid by instalments during the last six years, and that on receipt of</hi> £9
<hi rend="italic">for the first year' interest by Post Office order, made payable to T. W. Crofts, at the Charing Cross post office, the amount would be sent either in two large bank notes or in tens and twenties if preferred, and enclosing the form for a promissory note for</hi> 150
<hi rend="italic">l</hi>.)—I signed the promissory note, and enclosed it with this Post Office order (
<hi rend="italic">produced</hi>) in a letter which I posted myself—I believed the letters to be genuine business letters, or I should not have parted with my money—I notice here, "Registered 3714," and "Bill book, 84"—I never received the money—I sent a letter three or four days afterwards, and received it back from London opened and marked, "Not to be found"—in one of the letters they stated that they could not correspond with me without my paying half-a-crown, so I enclosed half-a-crown's worth of postage stamps.</p>
<xptr type="pageFacsimile" doc="186607090018"/>
<hi rend="smallCaps">
<persName id="t18660709-name-96" type="witnessName">
<interp inst="t18660709-name-96" type="gender" value="male"/>
<interp inst="t18660709-name-96" type="surname" value="MATTHEW"/>
<interp inst="t18660709-name-96" type="given" value="ALFRED"/>ALFRED MATTHEW</persName> </hi>. I am a clerk in the office of the
<hi rend="italic">Halifax Guardian</hi>—on the 24th November I received this letter of the 23rd, enclosing 5
<hi rend="italic">s</hi>. worth of stamps, and an advertisement, which was printed in our paper of 25th November (
<hi rend="italic">This was a request to insert the advertisement, signed "T. W. Crofts</hi>").</p>
<hi rend="smallCaps">
<persName id="t18660709-name-97" type="witnessName">
<interp inst="t18660709-name-97" type="gender" value="male"/>
<interp inst="t18660709-name-97" type="surname" value="RUDDALL"/>
<interp inst="t18660709-name-97" type="given" value="WALTER JOHN"/>WALTER JOHN RUDDALL</persName> </hi>. I am a clerk in the General Post Office—all Post office orders that are cashed are forwarded to my office—this order was forwarded to me from the Charing Cross district—it bears their mark of December 13th, which indicates that it has been paid—it is dated the 12th, and signed, "T. W. Crofts."</p>
<hi rend="smallCaps">
<persName id="t18660709-name-98" type="witnessName">
<interp inst="t18660709-name-98" type="gender" value="male"/>
<interp inst="t18660709-name-98" type="surname" value="HUTCHINSON"/>
<interp inst="t18660709-name-98" type="given" value="ROBERT"/>ROBERT HUTCHINSON</persName> </hi>. I am assistant to my father, a publican, of the Royal Exchange Tavern, Hartland Road, Camden Town—I have known the prisoner for eight or nine months—the top part of this letter is in Lissen's writing—that is Ambrose—he told me his name was Montague Ambrose Lissen.</p>
<hi rend="italic">Cross-examined. Q.</hi> Do you mean to say that the rest of it is not his?
<hi rend="italic">A.</hi> I cannot say, but the top part is—I have not examined the other part—it was shown to me before I went to the police-court—I looked at it all, and I said that I could only identify the top part—I have examined the other part, and am able to say whose it is.</p>
<hi rend="italic">Court. Q.</hi> Why did you say that you had not?
<hi rend="italic">A.</hi> I had not just now.</p>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> On your oath, have you a belief about the first part, and no belief about the rest?
<hi rend="italic">A.</hi> Yes—I say that it is Ambrose's writing—it seems like his hand—I have had letters from him, and Mr. Smith, the detective, has got one—the flourishing of this "Euston Road" is Ambrose's, and so is this "Advances granted"—he does not always write in this rounded hand—the officer showed me this letter before my evidence at the police-court, and I identified the first part as Lissen's writing.</p>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> Do you say that you have often seen Ambrose write?
<hi rend="italic">A.</hi> Yes—I once saw him write a different hand-writing.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-99" type="witnessName">
<interp inst="t18660709-name-99" type="gender" value="male"/>
<interp inst="t18660709-name-99" type="surname" value="ECOTT"/>
<interp inst="t18660709-name-99" type="given" value="THOMAS"/>THOMAS ECOTT</persName> </hi>. I live at 40, Holland Road, Kentish Town, and know the prisoners—Mitchell came to lodge with me on 19th August, and Ambrose about 30th September—Mitchell had one room on the first floor, and on 30th September Ambrose took the back room—they continued there until the case happened—I have seen them go out with letters in their hands—I have seen Ambrose take eight or ten letters to the post—they had no office then—they said that they were writing letters for the newspapers—Ambrose left, I believe, the day before Mitchell was taken in custody—he gave me no notice—he did not tell me where he went to—Ambrose used to wear a moustache.</p>
<hi rend="italic">Mitchell's Defence</hi>. I was engaged by Croft to get him a place to have his letters directed to—I can neither read nor write, and did not know the nature of the business.</p>
<hi rend="smallCaps">
<rs id="t18660709-614-verdict-1" type="verdictDescription">
<interp inst="t18660709-614-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18660709-614-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18660709-614-punishment-24" type="punishmentDescription">
<interp inst="t18660709-614-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t18660709-614-punishment-24" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-614-18660709 t18660709-614-punishment-24"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-614-18660709 t18660709-614-punishment-24"/>Five Years each in Penal Servitude</rs> </hi>.</p>
<hi rend="italic">There were other indictments against the prisoners</hi>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, July</hi> 10
<hi rend="italic">th</hi>, 1866.</p>
<hi rend="italic">Before Mr. Recorder</hi>.</p>
<div1 type="trialAccount" id="t18660709-615">
<interp inst="t18660709-615" type="uri" value="sessionsPapers/18660709"/>
<interp inst="t18660709-615" type="date" value="18660709"/>
<join result="criminalCharge" id="t18660709-615-charge-1" targOrder="Y" targets="def1-615-18660709 t18660709-615-offence-1 t18660709-615-verdict-1"/>
<persName id="def1-615-18660709" type="defendantName">
<interp inst="def1-615-18660709" type="gender" value="male"/>
<interp inst="def1-615-18660709" type="age" value="47"/>
<interp inst="def1-615-18660709" type="surname" value="POTTS"/>
<interp inst="def1-615-18660709" type="given" value="RICHARD ORMEROD"/>
<hi rend="largeCaps">RICHARD ORMEROD POTTS</hi> (47)</persName> was indicted
<rs id="t18660709-615-offence-1" type="offenceDescription">
<interp inst="t18660709-615-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18660709-615-offence-1" type="offenceSubcategory" value="fraud"/> for unlawfully causing
<persName id="t18660709-name-101" type="victimName">
<interp inst="t18660709-name-101" type="gender" value="male"/>
<interp inst="t18660709-name-101" type="surname" value="BREAKSPEAR"/>
<interp inst="t18660709-name-101" type="given" value="WILLIAM GOWER"/>
<join result="offenceVictim" targOrder="Y" targets="t18660709-615-offence-1 t18660709-name-101"/>William Gower Break spear</persName> to accept a bill of exchange for 200
<hi rend="italic">l</hi>., with intent to defraud; 19 other counts, varying the manner of stating the charge.</rs> </p>
<xptr type="pageFacsimile" doc="186607090019"/>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>,
<hi rend="italic">with</hi>
<hi rend="smallCaps">MR. SLEIGH</hi>,
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. MONTAGUE CHAMBERS</hi>, Q. C., M. P.,
<hi rend="italic">with</hi>
<hi rend="smallCaps">MR. METCALFE</hi>,
<hi rend="italic">the Defence</hi>.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-102" type="witnessName">
<interp inst="t18660709-name-102" type="gender" value="male"/>
<interp inst="t18660709-name-102" type="surname" value="SPEAR"/>
<interp inst="t18660709-name-102" type="given" value="WILLIAM GOWER BREAK"/>WILLIAM GOWER BREAK SPEAR</persName> </hi>. I am at present a lieutenant in the 31st Foot—in November last year I was with my regiment quartered at Aldershot—about the 5th or 6th November last I received this letter—I had subsequent correspondence with the defendant on the subject of it, and about six weeks afterwards I saw him at his house, 57, Cum
<lb/>berland Street, the address on the letter—I replied to that letter, directed to Cumberland Street—I received another letter—that is lost—I destroyed a great many on leaving Aldershot—I have searched for it—this bill was enclosed in the letter—I accepted it and sent it back, addressed to Mr. Ormerod, 57, Cum
<lb/>berland Street—when I saw him I asked where was the bill for 200
<hi rend="italic">l</hi>., as he had not let me have any money upon it—he said he had it; it was per
<lb/>fectly safe in his hands—it was in consequence of some statements in the letter that I parted with the bill.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-103" type="witnessName">
<interp inst="t18660709-name-103" type="gender" value="male"/>
<interp inst="t18660709-name-103" type="surname" value="GOATLEY"/>
<interp inst="t18660709-name-103" type="given" value="WALTER EVELYN"/>WALTER EVELYN GOATLEY</persName> </hi>. I know the prisoner's handwriting—I believe this letter to be his writing.</p>
<hi rend="italic">Cross-examined. Q.</hi> Have you seen him write?
<hi rend="italic">A.</hi> Yes, frequently—I have seen him write letters in my presence, and I have received letters from him—I am a solicitor—I acted as his solicitor in 1862.</p>
<hi rend="italic">Letter read</hi>. "6th November, 1865. To William Gower Break spear, Esq. Sir,—As a retired officer of the army, and therefore aware of the occasional requirements of gentlemen in the service, I take the liberty of acquainting you that I am in a position to make immediate cash advances upon personal security alone, and should you feel at any time disposed to entrust me with your confidence you may rely upon the most entire secrecy being observed towards any transaction. I am, your obedient servant,
<hi rend="smallCaps">J. ORMEROD</hi>."</p>
<hi rend="smallCaps">MR. BREAKSPEAR</hi> (
<hi rend="italic">continued</hi>). That is the letter I refer to—I sent a reply to that (
<hi rend="italic">called for and produced</hi>)—this is it (
<hi rend="italic">read</hi>). "November 7th. My dear Sir,—I can assure you I am very thankful to you for answering my letter so quickly. I have enclosed the bill, signed. I hope you will let me have the money by return of post, if possible"—I have never received one farthing on that 200
<hi rend="italic">l</hi>. bill—I am at this moment being sued upon that bill.</p>
<hi rend="italic">Cross-examined. Q.</hi> You are still in the same regiment, the 31st?
<hi rend="italic">A.</hi> I am—I have been in the army since 1861—in 1861 I was in the 32nd at Malta, and at home with the depot—I afterwards exchanged into the 31st—I have been with the 31st since 1864—I have lately raised a good deal of money upon bills of exchange, to the amount of about 1800
<hi rend="italic">l</hi>. or 2000
<hi rend="italic">l</hi>., I think not more—I have raised it through agents and principals—I raised some money through one agent—the only one I can for certain say was an agent was a man of the name of Pugh—I think he lived in Great Vine Street—I heard from him by his writing to me—I afterwards went to see him—I signed a bill to him for 150
<hi rend="italic">l</hi>.—that was about November; about the same time I was endeavouring to get money on these acceptances—I had not signed it before I sent up the 200
<hi rend="italic">l</hi>. acceptance—I think it was after
<lb/>wards—I can't be certain—I believe it was after I had entered into commu
<lb/>nication with the prisoner—I can't say to a few days, about a fortnight, I suppose—I think I got 100
<hi rend="italic">l</hi>. on the 150
<hi rend="italic">l</hi>. bill—I got it the same day I</p>
<xptr type="pageFacsimile" doc="186607090020"/>
<p>saw Pugh—I went with him to get it discounted—Pugh did not put his name on it—it was discounted by a man named Morris, of Regent Street—I don't know what Morris is—it was not Mr. Morris the attorney—I also raised money through a Mr. Hyman Davis, of Bruton Street, Bond Street—I raised 400
<hi rend="italic">l</hi>. or 500
<hi rend="italic">l</hi>. through him, upon three or four acceptances, at several times—that was at the end of 1864 and the beginning of 1865—September or October, 1865, I think was the last—there were three or four bills—I don't know exactly the number—the amount was 400
<hi rend="italic">l</hi>. or 500
<hi rend="italic">l</hi>.—I had 300
<hi rend="italic">l</hi>. or 400
<hi rend="italic">l</hi>. from Davis—I don't know where he got them dis
<lb/>counted—I believe he was the principal, he always gave me the money, I am not sure, but I believe he was—he charged me 20 per cent. for three months, not 50—I have also employed Baxter & Co.—they carry on busi
<lb/>ness in a turning out of Regent Street (I forget the name), St. James's Street, I think—I began to have transactions with them, I think, in January or February this year—they did not get me any money—I was only negotiating with them—I asked them to get me 400
<hi rend="italic">l</hi>.—they told me they were agents, they would try and get me the money—I don't know how long they were trying to get the money—they had the bills some time in their hands—there were two bills, I think two 200
<hi rend="italic">l</hi>. bills—I have not tried any other persons since—I tried another person before, Percy, of Craig's Court, in the beginning of 1865—I gave him an acceptance—I think the first was 100
<hi rend="italic">l</hi>.—he discounted it himself—I think he calls it a loan agency—he discounted two or three bills—those bills were running when I applied to the prisoner; I think between 400
<hi rend="italic">l</hi>. and 500
<hi rend="italic">l</hi>.—I had no transaction with a person named Thornton—I raised money on one bill from a man named Gorrar—when I applied to the prisoner in November I had not 2000
<hi rend="italic">l</hi>. worth of acceptances out; I had about 1500
<hi rend="italic">l</hi>. or 1600
<hi rend="italic">l</hi>.—I got them discounted—they have been paid since—they are all paid—they were paid this year—not after I had instituted this prosecution—arrange
<lb/>ments were made to pay them before—I believe I am right in saying that some of them were paid before—they were all to be paid before, and all have been paid—it was not a part of the arrangement that my acceptances and liabilities should be taken up if I persisted in this prosecution—there is no reason for-saying that—I did not see the prisoner until about six weeks after I had written to him—I believe the 200
<hi rend="italic">l</hi>. bill was dated the same day as the letter, 7th November—I believe the date is the prisoner's writing—I think it was sent to me ready drawn, but I won't be sure—I suppose it arrived on the 7th—I cannot recollect the day—there are two or three deliveries a day at Aldershot—I cannot recollect at what time in the day I sent the letter off—he answered my first letter—I must have sent him a letter before this one—I cannot find his answer—I have tried to do so when I was sued for the 200
<hi rend="italic">l</hi>. bill—I do not remember his saying in that letter, "I can get you a bill discounted for 200
<hi rend="italic">l</hi>. if you will send your acceptance"—he did not say so; as far as I remember, he said he enclosed the bill for 200
<hi rend="italic">l</hi>., and if I accepted it he would give or send me the money for it; I believe those were the words—if he had sent me the money short of discount it was no business of mine where he got it—I should have written to acknowledge it—I should have said nothing more—I think I had a reply to this letter of 7th November a few days after—I can't say for certain how many days; I think two or three days—I have not got any letter except the first and second—I can't be certain whether I got one or two letters before 15th November—I can't say how many letters I received from him, three or four I think about November—I have</p>
<xptr type="pageFacsimile" doc="186607090021"/>
<p>the last letter I received from him—that was after I had found out he had negotiated the bill—that was in February, I think—when I wrote in November, asking for the money by return of post, he answered in a few days that he could not advance me money upon so large an acceptance—it was not that he could not get me the money—on 15th November I received a letter from him stating that I had doubtless been daily expecting to hear from him with reference to my 200
<hi rend="italic">l</hi>. acceptance—he did not say, "Much greater difficulty exists than I anticipated when I first addressed you. You are, I have ascertained, involved with Mr. C., and Thornton and Co. refuse to touch your paper upon any terms. There is, however, a channel in the City, and I am now waiting the result of their inquiries of your agents, Messrs. Bryce and Bowstead. If their reply is favourable I believe the bill will be done. I hope to be able to write more satisfactorily in a few days."—I got no letter to that effect about 15th November—I have not the least idea who the Mr. C. is that you allude to—I have heard of Mr. Calisher—I never had any transaction with him—I do not know Thornton and Co.—Bryce and Bowstead are army agents—I had not referred the prisoner to them in any way—he could ascertain that they were my agents by looking at the
<hi rend="italic">Army List</hi>—I did not on 20th November receive a letter to this effect: "No direct information can, it appears, be obtained from Messrs. Bryce and Co., but an offer is made to the following effect: namely, if you are disposed to allow your acceptance for 200
<hi rend="italic">l</hi>. to remain as a collateral security, the party I alluded to in my letter of the 15th will discount two bills for you of 100
<hi rend="italic">l</hi>. each."—I believe I sent him a bill for 100
<hi rend="italic">l</hi>. about 22nd November—I don't know the exact date—that was in consequence of a letter I got from him—this is it (
<hi rend="italic">read</hi>): "November 22nd. Dear Sir,—I beg to enclose you the bill signed. If you can let me have the other money I shall feel obliged for it. Will you kindly send the money for the enclosed bill to-morrow morning to Norfolk Square Hotel, Paddington, as I shall be passing through London that evening or next morning, and will call for it? Put on, 'To be called for,' and the other money, if you can get it, please send to Aldershot."—I believe this (
<hi rend="italic">produced</hi>) was the bill I enclosed him on 22nd November—there were two 100
<hi rend="italic">l</hi>. bills—I cannot tell which was the one I enclosed in that letter—this is dated 21st November—I think I was at the Norfolk Square Hotel, Paddington, about that time—I don't think I found a letter for me there, because I sent a mes
<lb/>senger to his house—I did not get a letter containing a cheque of a Mr. Lyon for 50
<hi rend="italic">l</hi>.—I believe not—I never remember receiving a cheque (
<hi rend="italic">looking at a cheque</hi>)—I never remember having this—I never remember seeing that cheque—I sent a porter with a letter to the prisoner, asking if he could let me have the money he had promised—I won't be certain whether 50
<hi rend="italic">l</hi>. in bank notes was sent back by the porter or by post—I received 50
<hi rend="italic">l</hi>. from him in bank notes—that was after I had sent him this bill on the 22nd—he had then two 100
<hi rend="italic">l</hi>. bills of mine—I do not remember the day I sent him the first 100
<hi rend="italic">l</hi>. bill—I don't remember how long it was before this one—I know he had two 100
<hi rend="italic">l</hi>. bills of mine in his possession—this one was paid by my agents—I have not stated that the 100
<hi rend="italic">l</hi>. bills were in substitution for the 200
<hi rend="italic">l</hi>. bill—it is not so—I sent him two 100
<hi rend="italic">l</hi>. bills, as he asked me, and he asked me at the same time to allow him to keep the 200
<hi rend="italic">l</hi>. bill as a collateral security—he asked me that by letter, a few days before 22nd November, when he told me he could not cash the large amount—I think it was after I sent him the two bills for 100
<hi rend="italic">l</hi>.—this is the letter I sent before getting the 50
<hi rend="italic">l</hi>. (
<hi rend="italic">read</hi>): "23rd November. Dear Sir,—I have just</p>
<xptr type="pageFacsimile" doc="186607090022"/>
<p>received your letter. Will you kindly send part of the money, or a note, to
<lb/>morrow night, to the same address as the note?"—I had previously re
<lb/>ceived a letter from him—I have lost it—I have lost all the letters—that letter did not refer to Lyon's cheque—I never heard of Lyon, I said just now—I heard of Lyon's cheque at the police-court, and I said I had not received it—I did get the 50
<hi rend="italic">l</hi>.—I believe I never received the cheque (
<hi rend="italic">Mr. Chambers read the following letter</hi>:—"November 25th. Dear Sir,—I beg to acknowledge your letter. Am I to understand that 50
<hi rend="italic">l</hi>. is all the value I am to receive out of the first bill, signed for 100
<hi rend="italic">l</hi>., or do you mean you can let me have the remainder of the first 100
<hi rend="italic">l</hi>. to-day? I shall be happy to allow my first bill to remain in your hands. When can you let me have the money for the enclosed bill for 100
<hi rend="italic">l</hi>.? If you can manage the whole to-day I should be very much obliged.")—I sent him this bill, dated 24th November—I don't remember on what day—he told me he could not advance me any more money until I had seen him—I did see him—I don't remember the day—I saw him at his own house in Cumberland Street in December, or the beginning of January—he then told me that he found I had a good many bills out—I sent him this letter of 12th December (
<hi rend="italic">read</hi>): "I have just got your letter, and the first I have received on the matter. Can you name a day to see me at the Queen's Hotel, North Camp? Say Thursday next, and name hour if you can. Please send or bring the rest of the money."—I never saw him at Aldershot—when I saw him at his own house he said he could not let me have the money, because I had so many bills out—when these bills became due I did not find out that they were in the hands of Mr. Lyon—I don't know that he took up one—he presented one at Cox's—that is the only one I know about—I don't know whether this bill of 21st November was taken up at Cox's or not—one 100
<hi rend="italic">l</hi>. bill was paid at Cox's, and only one—I asked him at his house what he was going to do—he did not tell me the bill was coming due, and I should have to pay it or he must take it up—we arranged to renew—he had given me 50
<hi rend="italic">l</hi>., and we arranged to renew a bill for 60
<hi rend="italic">l</hi>., 10
<hi rend="italic">l</hi>. being the interest on the 50
<hi rend="italic">l</hi>. for another three months—he did not arrange that I should give two fresh acceptances—I signed an acceptance, which I thought was for 60
<hi rend="italic">l</hi>., but it turns out that he afterwards filled it in for 100
<hi rend="italic">l</hi>.—I did not give him two other bills for 100
<hi rend="italic">l</hi>. each, not renewals—they were for other money—I did give him two 100
<hi rend="italic">l</hi>. bills at the Great Western Hotel, Paddington—that was about February, I think—when I signed those other two I renewed one bill for the money I had had—I had had 50
<hi rend="italic">l</hi>.—I asked him to renew that 100
<hi rend="italic">l</hi>. bill upon which I had got the 50
<hi rend="italic">l</hi>.—he was to have a fresh bill for 60
<hi rend="italic">l</hi>.—I gave him one for 60
<hi rend="italic">l</hi>., a renewal, and two for 100
<hi rend="italic">l</hi>.—he was to get one cashed by a man named Gorrar if he could, and the other was to be kept as a collateral security, but which he negotiated, and I got sued for—I gave him three acceptances—one was to be for 60
<hi rend="italic">l</hi>., but it turned out not to be 60
<hi rend="italic">l</hi>.—I believe there are three 100
<hi rend="italic">l</hi>. bills now due—I have not seen the 60
<hi rend="italic">l</hi>. bill since I gave the acceptance—I gave him 18
<hi rend="italic">l</hi>. for renewing the bill upon which I had got the 50
<hi rend="italic">l</hi>.—I gave him a cheque on Cox's—he did not say that he would have to contribute 10
<hi rend="italic">l</hi>. if the 100
<hi rend="italic">l</hi>. bill upon which I had got the 50
<hi rend="italic">l</hi>. was renewed—I renewed it, as I thought, for 60
<hi rend="italic">l</hi>.—he said he would cancel the 100
<hi rend="italic">l</hi>. bill if I would give him a bill for 601. for the 50
<hi rend="italic">l</hi>. I had had—I gave him the 10
<hi rend="italic">l</hi>. for the next three months' interest—he did not bring me 50
<hi rend="italic">l</hi>.—he had sent me 50
<hi rend="italic">l</hi>. three months before—the 100
<hi rend="italic">l</hi>. bill produced just now was not taken up by him—I believe that to be the bill which he cancelled upon my renewing one, as I</p>
<xptr type="pageFacsimile" doc="186607090023"/>
<p>thought, and giving him a bill for 60
<hi rend="italic">l</hi>.—he said it would be cancelled—I gave a new bill for it—I gave the 10
<hi rend="italic">l</hi>. for renewing the 50
<hi rend="italic">l</hi>. that I had had—when I was Sued for the 200
<hi rend="italic">l</hi>. bill I put the matter into the hands of a solicitor—I asked Mr. Morris to write a letter—I did not afterwards go to Mr. Lyon with Mr. Morris—I went by myself—he lives in the Poultry, I think—I went to ask him if he was the Mr. Lyon whose name was on the back of the 200
<hi rend="italic">l</hi>. bill—I did not know that he had got the bill; I was not certain of it; I asked him—he said he would make inquiries (I was sued by a man of the name of Solomon, of Bristol, about this bill)—that was all the conversation—he must have parted with it, for Solomon, of Bristol, had got it—he did not say at that time that Mr. Potts had given him into custody for not giving him up the bill—he was not given into custody for six weeks afterwards—I only saw him once—I have never sworn that I heard him say he had been given into custody—I said before the magistrate that I heard he had been given into custody—before and since these pro
<lb/>ceedings every bill of mine has been paid, with the exception of those bills which the defendant has, the 200
<hi rend="italic">l</hi>. bill and the other bills—it was long before I was sued on the 200
<hi rend="italic">l</hi>. bill that I called on Mr. Potts—I never saw Mr. Lyon till after I was sued on the 200
<hi rend="italic">l</hi>. bill—that was about February or March, I think—it was a three months' bill—Mr. Potts did not tell me that he had arranged with Mr. Lyon to get back the two original bills, to renew one and keep back the other—I never heard of Lyon till I was sued on the 200
<hi rend="italic">l</hi>. bill—I employed Mr. Morris to write one letter to Mr. Potts; afterwards it came into the hands of my father's solicitor, and I believe he wrote to him about it—the case was never in Mr. Morris's hands, I simply asked him to write a letter to ask him the meaning of my being sued on these bills—I believe Mr. Morris is a solicitor in the Strand—he showed my solicitor a letter that he got in reply, which I saw—I don't know who has got it—I believe I heard from Mr. Potts my-self—I believe that letter is in the hands of my solicitor—I suppose Mr. Morris has the reply that was sent to him—this (
<hi rend="italic">produced</hi>) is the letter that was sent to me (
<hi rend="italic">this was not read</hi>)—Mr. Potts was not to get me the money from Gorrar on the 60
<hi rend="italic">l</hi>. bill—it was on a bill of 100
<hi rend="italic">l</hi>.—he told me when I signed the two 100
<hi rend="italic">l</hi>. bills that he would get the money, that he could not give it me himself, he would get it from a man in the city—that was Gorrar.</p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> With regard to the bills of Pugh, Davis, and Percy, you received consideration for them, according to the agreement made? A. Yes—they openly charged me with the interest, and I paid it—I quite understood that they charged me the interest—every one of those bills has been paid—with regard to Baxter and Company they retained the bills for a time, and then, finding they could not negotiate them, returned them—the bills arising out of these transactions with the prisoner amount to 700
<hi rend="italic">l</hi>., of which a bill of 100
<hi rend="italic">l</hi>. was paid by Cox's, my agents—the bill of Gorrar has been paid by me—all I have received upon all the transactions was 50
<hi rend="italic">l</hi>. originally, and another 50
<hi rend="italic">l</hi>. from Gorrar—then I paid back 10
<hi rend="italic">l</hi>., leaving 90
<hi rend="italic">l</hi>.—I am being sued on the other bills at the present time—I never heard of Lyon until after I had been sued on the 200
<hi rend="italic">l</hi>. bill—I mentioned to my solicitor that I had lost the letters sent to me at Aldershot—I first mentioned it publicly before the magistrate, I believe on the first occasion—I was not cross-examined as to some supposed letters until the subsequent examination—I had then stated that I had lost them.</p>
<xptr type="pageFacsimile" doc="186607090024"/>
<hi rend="smallCaps">
<persName id="t18660709-name-104" type="witnessName">
<interp inst="t18660709-name-104" type="gender" value="male"/>
<interp inst="t18660709-name-104" type="surname" value="HUMPHREYS"/>
<interp inst="t18660709-name-104" type="given" value="RICHARD"/>RICHARD HUMPHREYS</persName> </hi>. I am one of the officers of the Insolvent Debtors Court—I produce the proceedings in the insolvency of Richard Ormerod Potts for the years 1850, 1852, and 1857—the petition in the first was filed on 18th December, 1850; in the second, 20th August, 1852; and in the third, 17th December, 1857—as to the first, the date of his final examination and being heard for discharge was 27th June, 1851—his debts were returned as 2257
<hi rend="italic">l</hi>., and credits 233
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>.—some of the credits are returned as good, some doubtful, and some bad—in 1852 the debts were returned as 109
<hi rend="italic">l</hi>. odd, and the credits
<hi rend="italic">nil</hi>—in 1857 the debts were returned as 449
<hi rend="italic">l</hi>., and credits
<hi rend="italic">nil</hi>—the endorsement on the proceedings is, "Insolvent does not appear, if he applies under 28th section, see the commissioner's note to-day." (
<hi rend="italic">In the proceedings the insolvent described himself as having served in the army in India and various places, and as subsequently passing by different names at a variety of residences. On the second insolvency he appeared to have been discharged by the detaining creditor</hi>.)</p>
<hi rend="smallCaps">
<persName id="t18660709-name-105" type="witnessName">
<interp inst="t18660709-name-105" type="gender" value="male"/>
<interp inst="t18660709-name-105" type="surname" value="BUCK"/>
<interp inst="t18660709-name-105" type="given" value="HENRY LANDON"/>HENRY LANDON BUCK</persName> </hi>. I was managing clerk to the firm of Baxter, Rose, and Norton—in 1863 I obtained an order from the Divorce Court for the payment of 487
<hi rend="italic">l</hi>., the costs of the co
<lb/>respondent, Lord Bateman—I have not got them—I gave instructions for demand to be made upon the prisoner, but he could never be found—he was living in such a state that it seemed very improbable he would be likely to pay that sum—his address at that time was somewhere in York Road, Lambeth—when the case was called on for trial no appearance was made—the taxed costs against the prisoner was 400
<hi rend="italic">l</hi>., of which I have not got a farthing—I did not know till recently of his living in Cumberland Terrace—I have not got any costs now.</p>
<hi rend="smallCaps">W. E. GOATLEY</hi> (
<hi rend="italic">Re-examined</hi>). I was solicitor for the prisoner in his divorce suit against Lord Bateman—the balance of my costs was about 70
<hi rend="italic">l</hi>.—he owes me that still—I did not know that he was living in Cumber
<lb/>land Street—I did not know him by the name of McClellan.</p>
<hi rend="italic">Cross-examined. Q.</hi> When was this divorce affair?
<hi rend="italic">A.</hi> In 1861, I think—I was acting as his solicitor for about a twelvemonth—there was a commission applied for to examine witnesses in Switzerland, and Mr. Potts could not bear the expense, and the matter was abandoned wholly in con
<lb/>sequence of that—I do not know that his wife's name was McClellan.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-106" type="witnessName">
<interp inst="t18660709-name-106" type="gender" value="female"/>
<interp inst="t18660709-name-106" type="surname" value="BATES"/>
<interp inst="t18660709-name-106" type="given" value="MARY"/>MARY BATES</persName> </hi>. I am a widow, and live in York Road, Lambeth—I deal in milk—I knew Captain Potts for a good many years—he lived in York Road at the time he dealt with me—he left in my debt 2
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>.—I did not know where he went to for some time, not until these proceedings—he has paid me the bill since—it was owing to me since 1861, when he left the York Road—I don't think I have seen him since—I saw an account in the paper of these proceedings—I called at his house, and he very kindly paid me.</p>
<hi rend="italic">Cross-examined. Q.</hi> How long did he deal with you?
<hi rend="italic">A.</hi> Nine or ten years—this bill was running for about a year or two—he had no family at that time, only himself.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-107" type="witnessName">
<interp inst="t18660709-name-107" type="gender" value="female"/>
<interp inst="t18660709-name-107" type="surname" value="FARRETT"/>
<interp inst="t18660709-name-107" type="given" value="CAROLINE"/>CAROLINE FARRETT</persName> </hi>. I reside in Palace Road, Lambeth, and am a stationer and newsvendor—Captain Potts was a customer of mine—when he left he owed me 1
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>. for 1861—I applied for it many times, as long as I could find him—he could not pay me—he put me off, and then we could not find him—I was summoned to the police-court and saw him there, and got a pound.</p>
<hi rend="italic">Cross-examined. Q.</hi> Had you often supplied him before?
<hi rend="italic">A.</hi> Yes, for</p>
<xptr type="pageFacsimile" doc="186607090025"/>
<p>two or three years—he would sometimes pay me a little on account—he never paid up—the last payment was in 1861.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-108" type="witnessName">
<interp inst="t18660709-name-108" type="gender" value="female"/>
<interp inst="t18660709-name-108" type="surname" value="LAGASSE"/>
<interp inst="t18660709-name-108" type="given" value="LOUISA"/>LOUISA LAGASSE</persName> </hi>. I am the wife of Thomas Lagasse—Captain Potts resided at my mother's house in the York Road for four or five years—his rent was 18
<hi rend="italic">s</hi>. or 1
<hi rend="italic">l</hi>. a week—he owes my mother about 40
<hi rend="italic">l</hi>.—she is a widow—she let part of the house in lodgings at that time—I applied to Captain Potts for payment while he was lodging with my mother—he said he had it not in his power then, but if he ever had he should pay it—I have not applied to him since he left—I did not know where he went to—I did not know of his being in Cumberland Street—the money has never been paid—my mother is too ill to attend.</p>
<hi rend="italic">Cross-examined. Q.</hi> He left in 1861?
<hi rend="italic">A.</hi> I think about three years ago.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-109" type="witnessName">
<interp inst="t18660709-name-109" type="gender" value="female"/>
<interp inst="t18660709-name-109" type="surname" value="BERGNER"/>
<interp inst="t18660709-name-109" type="given" value="SARAH"/>SARAH BERGNER</persName> </hi>. I am a widow—the prisoner has been for two years residing at 57, Cumberland Street, a house let by me—he occupies it still—he has gone by the name of Charles McClellan there—I never knew him as Mr. Ormerod or Captain Potts.</p>
<hi rend="italic">Cross-examined. Q.</hi> What rent does he pay?
<hi rend="italic">A.</hi> 55
<hi rend="italic">l</hi>. a year—the rent is regularly paid—I did not know his wife before she came there—I did not know her as Mrs. McClellan—I don't know what name she went by—I don't know anything about his dealings with the neighbouring tradesmen—I live two or three doors off—all I know is he used to pay the rent and taxes regularly—I have an agreement signed "McClellan"—he is still there under that name.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-110" type="witnessName">
<interp inst="t18660709-name-110" type="gender" value="male"/>
<interp inst="t18660709-name-110" type="surname" value="SMITH"/>
<interp inst="t18660709-name-110" type="given" value="CHARLES"/>CHARLES SMITH</persName> </hi>. I am a cheesemonger in the Westminster Road—I have served the prisoner for some time—he owed me 1
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>. in 1859—I got a judgment in the county court, but never obtained the money.</p>
<hi rend="italic">Cross-examined. Q.</hi> Have you come all the way from the Westminster Road to tell us this?
<hi rend="italic">A.</hi> I have come because I was subpoenaed, not to please myself.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-111" type="witnessName">
<interp inst="t18660709-name-111" type="gender" value="male"/>
<interp inst="t18660709-name-111" type="surname" value="PARKER"/>
<interp inst="t18660709-name-111" type="given" value="ALFRED"/>ALFRED PARKER</persName> </hi>. I am a dressing-case maker—I know the prisoner—he owes me 8
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>., and has done since 1860—I have tried to find him since, while he was in the York Road I frequently applied to him for payment, I also put it into the hands of one or two persons to get it for me, but I never got it—I only knew lately of his living in Cumberland Street, through seeing his name in the police reports—I called there yesterday—I also asked him at the police-court, and he promised to pay me in a fortnight's time—the debt was for a dispatch box and other goods.</p>
<hi rend="smallCaps">MR. CHAMBERS</hi>
<hi rend="italic">submitted that the letter of the defendant did not bear the construction attempted to be put upon it in any of the counts of the indictment</hi> (
<hi rend="italic">twenty in number</hi>);
<hi rend="italic">that the fair inference from it was, not that the defendant himself was in a position to make an immediate cash advance, but that he would obtain it; and if so, that would not be an offence within the statute</hi>.</p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>,
<hi rend="italic">upon being appealed to by the Recorder, intimated that he would rely upon the last four counts, which omitted the innuendoes contained in the previous counts, and upon those four counts</hi>
<hi rend="smallCaps">MR. CHAMBERS</hi>
<hi rend="italic">went to the jury</hi>.</p>
<hi rend="smallCaps">MR. CHAMBERS</hi>
<hi rend="italic">then called the following witnesses for the defence</hi>:—
<hi rend="smallCaps">JAMES WALTER LYON</hi>. My firm is Lyon, McKenzie, and Co., of No. 18, Poultry—we call ourselves bankers and bill brokers—I have known Mr. Potts for some time—he has brought bills to me to be discounted on several occasions—he had an account at our bank—he lodged bills, and we gave him cash—that has not been for some years, of very little importance</p>
<xptr type="pageFacsimile" doc="186607090026"/>
<p>till this transaction took place—occasionally I had bills of him before, but of very small amounts prior to this transaction—there have been a great many since this transaction, I think to the amount of 2000
<hi rend="italic">l</hi>.—during the currency of these transactions he brought me this bill (
<hi rend="italic">produced</hi>) for 200
<hi rend="italic">l</hi>., accepted by Mr. Break spear—it is dated 7th November—I don't remember exactly when he brought it to me—I have my books, but they are in the hands of the assignees—I think it was about the 12th or 14th—I have not got my books—I have not had timely notice—I did not get the notice of this Court till Saturday night, and the case was for Monday morning—I have all the documents that are necessary—I had a subpoena on Saturday afternoon about six or seven o'clock down at Maida Hill, but it was impossible to get the books up on Monday morning—it did not occur to me, as you did not refer to them before the magistrate; you refused to look at them, and I had so much trouble to get them from the assignees then—I have not produced them—I dare say I could get them by applying to the assignees for them—it is a troublesome thing to get books from the assignees.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> When was the bill brought to you?
<hi rend="italic">A.</hi> Between the 12th and the 14th November, certainly.</p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Was it brought to you then by Mr. Potts?
<hi rend="italic">A.</hi> By Mr. Potts—I at first declined to discount it—I declined it
<hi rend="italic">in toto</hi>—I did not direct him to bring other bills, I simply declined it—after that he brought me other bills—on 24th November he brought back this bill of 200
<hi rend="italic">l</hi>., and one for 100
<hi rend="italic">l</hi>.—that was the earliest in date, one dated 21st November—I gave him 100
<hi rend="italic">l</hi>., less the discount—I gave him 80
<hi rend="italic">l</hi>.—that was in two cheques, one of 50
<hi rend="italic">l</hi>. and the other of 30
<hi rend="italic">l</hi>.—he brought the next day another 100
<hi rend="italic">l</hi>. bill dated 24th, and I gave him a further advance of 100
<hi rend="italic">l</hi>., less the discount, 80
<hi rend="italic">l</hi>. again—I gave him 80
<hi rend="italic">l</hi>. and 5
<hi rend="italic">l</hi>. for commission—I should say the bill was brought on the 25th, the next day—that 5
<hi rend="italic">l</hi>. was commission for him as an agent, because the 200
<hi rend="italic">l</hi>. bill was not drawn, and he produced a letter from Mr. Break spear—the 200
<hi rend="italic">l</hi>. bill was not signed—it was accepted, but not signed.</p>
<hi rend="smallCaps">MR. CHAMBERS</hi>.
<hi rend="italic">Q.</hi> You mean it had not the drawer's name?
<hi rend="italic">A.</hi> The drawer's name.</p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> The first bill became due on 10th February, I think?
<hi rend="italic">A.</hi> The first bill became due on 10th February, the 200
<hi rend="italic">l</hi>. bill, and not paid—when the 200
<hi rend="italic">l</hi>. bill became due he brought me two bills of 100
<hi rend="italic">l</hi>.—he paid me on that occasion 100
<hi rend="italic">l</hi>. in cash and two bills for 100
<hi rend="italic">l</hi>. each, drawn in the same way, accepted by Mr. Breakspear—this signature is mine (
<hi rend="italic">looking at a paper</hi>)—I adopt it—I did not give him that at the time he gave me these two bills, and you know it; I did shortly afterwards—I was deceived into it—this is what I gave him when I received the 200
<hi rend="italic">l</hi>. bill (
<hi rend="italic">read</hi>: "21st February, 1866, received of Captain R. O. Potts 100
<hi rend="italic">l</hi>., and two bills accepted by Captain Breakspear for 100
<hi rend="italic">l</hi>. each, to retire the undermentioned bills on Breakspear, one due 21st February for 200
<hi rend="italic">l</hi>., one of the same date for 100
<hi rend="italic">l</hi>., and one of 24th February for 100
<hi rend="italic">l</hi>.")—at that time I had not the 200
<hi rend="italic">l</hi>. bill—I cannot tell whether I had both the 100
<hi rend="italic">l</hi>. bills or not—I know one I had already discounted—one he had paid me 100
<hi rend="italic">l</hi>. for, and I had handed it over to him—this is the bill—I had not got the one of 24th November at the time I gave this receipt—I had rediscounted the 200
<hi rend="italic">l</hi>. with Mr. Solomon—he is a bill discounter—I had discounted the 100
<hi rend="italic">l</hi>. bill dated 24th November, I think with a Mr. Flight—I have since discounted the other two bills for</p>
<xptr type="pageFacsimile" doc="186607090027"/>
<hi rend="italic">l</hi>. each—the one dated 24th November was paid in the regular course, through Messrs. Cox, the army agents—I have told you the whole of the money which I gave to the prisoner for Mr. Breakspear—not 80
<hi rend="italic">l</hi>., 165
<hi rend="italic">l</hi>.—I afterwards received from the prisoner 100
<hi rend="italic">l</hi>., and also received from him a cheque for 20
<hi rend="italic">l</hi>., which he got back again; at least, the money, 17
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. of it, he got back again—he has drawn upon it—he had it added to his account—he did give me a cheque for 20
<hi rend="italic">l</hi>., but he had it back again—160
<hi rend="italic">l</hi>. was not all he had upon these bills we are speaking of, and he should not have had that had I known he had no right to these bills—15
<hi rend="italic">l</hi>. was the discount charge on the 200
<hi rend="italic">l</hi>. bill—I had 185
<hi rend="italic">l</hi>., and I gave 165
<hi rend="italic">l</hi>.—I gave him two 80
<hi rend="italic">l</hi>. and 5
<hi rend="italic">l</hi>.—that was not on the 100
<hi rend="italic">l</hi>. bills—that is just how they are confused—here are his documents to prove that I advanced him 100
<hi rend="italic">l</hi>., less discount, on the four bills, and instead of his handing the money to Mr. Breakspear he keeps the money—he kept me in the dark—I am dealing with facts—it is your inte
<lb/>rest to confuse them.
<hi rend="italic">Q.</hi> You paid him 200
<hi rend="italic">l</hi>., less the discount, which which means 165
<hi rend="italic">l</hi>.?
<hi rend="italic">A.</hi> On the three bills amounting to 400
<hi rend="italic">l</hi>.—100
<hi rend="italic">l</hi>. I got from him three months afterwards—on the other bill through Cox's I received 100
<hi rend="italic">l</hi>.; at least, the holder did, which is the same thing; on the 200
<hi rend="italic">l</hi>. bill, 185
<hi rend="italic">l</hi>., and I got 90
<hi rend="italic">l</hi>. each on the two 100
<hi rend="italic">l</hi>. bills that I received afterwards—that is 180
<hi rend="italic">l</hi>. on the two new bills—that is, 365
<hi rend="italic">l</hi>. I got.
<hi rend="italic">Q.</hi> And you have paid this man 165
<hi rend="italic">l</hi>., making 400
<hi rend="italic">l</hi>. clear?
<hi rend="italic">A.</hi> Very well, but you see these bills would have been retired but for this man's conduct—if you mix them all together it is so—he demanded these bills from me about a fortnight or a month after they became due, after the first bill of 200
<hi rend="italic">l</hi>. became due—he gave me into custody for stealing the bill of 200
<hi rend="italic">l</hi>., for which he got 165
<hi rend="italic">l</hi>.—there is his receipt—the prosecutor also, Mr. Breakspear, came down and demanded the bills from me, and I promised to return them to him, and should have done so—it was not possible for me to have returned them—everybody knows the state of matters on 22nd February, I had 4100
<hi rend="italic">l</hi>. in bills, and could not get a shilling on them—I had arrangements made for returning them—they would have been returned but for Potts's conduct—he has ruined me, unquestionably—he gave me into custody for a bill which he got the value for—Mr. Morris, the attorney for Mr. Breakspear, also demanded the bills from me, and I don't know that I had any right to give them up—even now there is 600
<hi rend="italic">l</hi>. of Potts's bills not paid.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> How long have you known Mr. Potts?
<hi rend="italic">A.</hi> I should think about twelve months before this transaction—I always knew him as Potts; no other name—I had transactions with him before I came into the Poultry—I did not make any inquiries about him then, because he was known to me—I had discounted one or two bills previously, before I came into the Poultry, to the amount of about 200
<hi rend="italic">l</hi>. altogether—before I went into the Poultry I was in Bond Court House, Poultry—we were then bill brokers—we must have known where Mr. Potts lived—we had got his address then—I cannot tell from memory where he lived; it is impossible—I declare upon my oath at this moment I could not tell where he was living—I dare say I should know if you told me—I do not think it was Cumberland Street, not in the first transaction—I knew of him in Cumberland Street when he opened his account in the Poultry with me as a banker—we had been in the Poultry since August as bankers—we had current accounts—persons had accounts with us, and Mr. Potts had—he opened an account—I should think he opened it by the discount of a bill—we had a regular banker's book—they</p>
<xptr type="pageFacsimile" doc="186607090028"/>
<p>have it here—we knew where he resided then—I never went to his residence—I thought his name was Potts—I never heard of his going by the name of McClellan—I never heard of it at all—I got 565
<hi rend="italic">l</hi>. out of this matter—I do not mean to keep it, certainly not—I am going to retire these bills with it, as a matter of course—there is the account (
<hi rend="italic">referring to a paper</hi>)—I shall have to retire 400
<hi rend="italic">l</hi>.—that is through Potts.
<hi rend="italic">Q.</hi> So that, in point of fact, you have rather
<hi rend="italic">done</hi> Potts?
<hi rend="italic">A.</hi> Quite the contrary—I have at this moment 600
<hi rend="italic">l</hi>. worth of bills that I have discounted for him returned, and I don't know that I should be justified in returning him a shilling—he owes my estate at this moment 600
<hi rend="italic">l</hi>.—he was not an utter pauper at the time this matter occurred—these are bills that I discounted for him re
<lb/>turned dishonoured—I gave notice of their dishonor, and if I had been continuing in business at this moment I should not have returned the bills till I saw the result of it—I did not make any inquiries about Mr. Break-spear, from his position in the army—I found that out by the
<hi rend="italic">Army List</hi>—Potts brought me this bill of Mr. Breakspear's—I did not know how Mr. Breakspear became a client of his—I know now of his writing to Mr. Breakspear; I saw his letter, not before he wrote it—I saw Mr. Break-spear's letter to him, with the 200
<hi rend="italic">l</hi>. bill—I did not see Potts's letter—he brought Mr. Breakspear's answer to me on the 25th November, when I discounted the second bill—I had refused to discount it before the 24th—up to the 24th I had not promised to discount it—the 200
<hi rend="italic">l</hi>. bill was left as a collateral security—I had refused the 200
<hi rend="italic">l</hi>. bill—that was all I saw—I never offered to take it as a collateral security, that I swear—some con
<lb/>versation as to taking it as a collateral security took place between us subsequently, after he brought the other bill, on the 24th—then I simply lent him 100
<hi rend="italic">l</hi>.—nothing was decided then—I did not take it as a collateral security on the 24th—I never did—I took it as a principal bill originally—I cashed it on the 25th—I never said I would take it as a collateral security; I took the other two bills as collateral security—I did not take them as security, I made an advance upon the whole bills—I did not take them as a collateral security—I did not understand your question.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> It was not in answer to a question, it was your own volun
<lb/>teering—when you were asked if you took the 200
<hi rend="italic">l</hi>. bill as a collateral security you said, "I did not take that, I took the two 100
<hi rend="italic">l</hi>. bills?"
<hi rend="italic">A.</hi>, I certainly took none as a collateral security, I got
<hi rend="italic">bamboozled</hi> by the counsel—here are the facts: I advanced 200
<hi rend="italic">l</hi>. on three bills amounting to 400
<hi rend="italic">l</hi>.—that was the transaction, and there is his acknowledgment that he received that money, that advance, which he ought to have remitted, and he never did, and that was his position—it depends upon circumstances whether we make inquiries about persons whose acceptances are brought to us—their position is sometimes such that there is no occasion—a young officer in the army, if he has purchased his steps, is good for 500
<hi rend="italic">l</hi>.—that is the way we calculate—I have nothing to do with his relations.</p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Was not the real history of this, that you and Potts shared this person between you?
<hi rend="italic">A.</hi> Not at all—it was decidedly not a joint transaction between me and Potts—there was nothing in the transaction to justify you in making that remark—it is totally untrue that he and I were to share, and that I have kept it all.</p>
<hi rend="smallCaps">MR. CHAMBERS</hi>.
<hi rend="italic">Q.</hi> You have used the expression "collateral security?"
<hi rend="italic">A.</hi> It came from your side—I never made use of it—you will find in my bill book when I first got possession of the 200
<hi rend="italic">l</hi>. bill—I can send for it to the assignees and get it—I don't believe it was spoken of before it was</p>
<xptr type="pageFacsimile" doc="186607090029"/>
<p>brought to me—nothing was said about my getting it discounted, or dis
<lb/>counting it—I believe he brought the bill itself—I looked at the date of the bill—it was dated the 7th of November—I think it was brought to me on the 12th or 14th—I think a conversation occurred about it on the 12th—I don't know whether it ended in his taking it away—I see by my letter book I wrote to him to say that I declined the bill—I don't know whether he took it away or left it with me—he did not bring me both the 100
<hi rend="italic">l</hi>. bills at one and the same time—on the 24th November he brought me the 100
<hi rend="italic">l</hi>. bill again, with the 200
<hi rend="italic">l</hi>. bill, and asked for an advance of 100
<hi rend="italic">l</hi>.—he must have got the 200
<hi rend="italic">l</hi>. bill away—I cannot tell when or how—he was coming in and out almost every day, not inquiring whether I would discount it, I had refused it—he did not ask me about this bill before he brought me the first 100
<hi rend="italic">l</hi>. bill—not at all—he brought me the 100
<hi rend="italic">l</hi>. bills, and asked me to lend him 100
<hi rend="italic">l</hi>. on the two bills.</p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Are these receipts in the prisoner's handwriting?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-112" type="witnessName">
<interp inst="t18660709-name-112" type="gender" value="male"/>
<interp inst="t18660709-name-112" type="surname" value="MORRIS"/>
<interp inst="t18660709-name-112" type="given" value="WILLIAM FRANCIS"/>WILLIAM FRANCIS MORRIS</persName> </hi>. I am an attorney, of Leicester Square now, late of Beaufort Buildings—I was of Beaufort Buildings at the time this matter occurred—I was instructed by Mr. Breakspear to inquire into this matter at the beginning of April—I made an application to Mr. Potts by letter, I think—I received the answer that has been read—he called on me and said, "I have come in reply to your letter. Messrs. Lyon & Co. have the bills. I have one. I will go and see them, and make it all right. As regards Messrs. Lyon & Co., they have received 100
<hi rend="italic">l</hi>. from Messrs. Cox, and of course they must give it back; and as regards any money that is owing on the transaction, I will see it paid"—he showed me the bill he had—I think it was a 100
<hi rend="italic">l</hi>. bill—I went to Mr. Lyon a great number of times—Mr. Breakspear did not go with me—I did not see Lyon at any time with Mr. Breakspear—I saw Mr. Lyon by himself—I was directed by Mr. Breakspear's solicitor to demand the bills—I have the demand in my pocket—I did demand them of Mr. Lyon—I did not get them—I had a great deal of trouble about it, and did not get them—at last Mr. Lyon promised to give them up—I gave him till the following Monday to do so—I heard of his being taken into custody.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-113" type="witnessName">
<interp inst="t18660709-name-113" type="gender" value="male"/>
<interp inst="t18660709-name-113" type="surname" value="LEGG"/>
<interp inst="t18660709-name-113" type="given" value="GEORGE"/>GEORGE LEGG</persName> </hi>. I am a detective officer—I took Mr. Lyon into custody on 22nd May—he attempted to cut his throat, attempted to commit suicide—I told him the charge I took him on—he asked me for a minute to speak to his solicitor, and momentarily he took a penknife from his sleeve and commenced cutting his throat—with great difficulty I prevented him, and saved his life—he was afterwards taken to the station—here is a copy of the charge—he was charged with stealing the 200
<hi rend="italic">l</hi>. bill—that was the first charge.</p>
<hi rend="italic">Cross-examined. Q.</hi> Who gave him in charge for stealing the bill?
<hi rend="italic">A.</hi> Mr. Potts—I believe Mr. Potts appeared before the magistrate—he did not give evidence, and, there being no evidence against Mr. Lyon, he was discharged—the solicitors on both sides said there was no evidence, they should not offer any evidence, and the consequence was he was discharged by the Lord Mayor, the two solicitors agreeing together—the second charge was never gone into.</p>
<hi rend="smallCaps">MR. CHAMBERS</hi>.
<hi rend="italic">Q.</hi> Was he well at that time? Had he recovered from his wound?
<hi rend="italic">A.</hi> I sent for a surgeon and his wound was dressed where I apprehended him, in the Temple—he was perfectly well at the time the charge was not gone on with, that was the next day, the 21st.</p>
<xptr type="pageFacsimile" doc="186607090030"/>
<hi rend="smallCaps">
<persName id="t18660709-name-114" type="witnessName">
<interp inst="t18660709-name-114" type="gender" value="male"/>
<interp inst="t18660709-name-114" type="surname" value="CALISHER"/>
<interp inst="t18660709-name-114" type="given" value="JULIUS"/>JULIUS CALISHER</persName> </hi>. I am a bill discounter—I know Mr. Potts—he was in the habit of discounting bills with me for the last year, and up to the time he was taken into custody—I should say he has discounted bills with me to the amount of some 2000
<hi rend="italic">l</hi>. or 3000
<hi rend="italic">l</hi>.—I knew that he was a money agent.</p>
<hi rend="italic">Cross-examined. Q.</hi> At what interest?
<hi rend="italic">A.</hi> From 40 to 60 per cent., not more—I do not think I discounted any bills for him before 6th November—the first was, I should say, some two years ago—up to the 6th November, I should say, he had brought 3000
<hi rend="italic">l</hi>. or 4000
<hi rend="italic">l</hi>. worth to me to discount—from the first of my discounting with him, some two or three years altogether, I say it was some 3000
<hi rend="italic">l</hi>. or 4000
<hi rend="italic">l</hi>.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Then up to the 6th November he had been in the habit of discounting bills to the amount of more than 2000
<hi rend="italic">l</hi>.?
<hi rend="italic">A.</hi> Yes—there has been very little since—that extended over a time recently before the 6th November—I could not say whether it was three months before.</p>
<hi rend="italic">The following papers were put in and read</hi>:—"24th November, 1865—Re
<lb/>ceived from Messrs. Lyon, Mackenzie, & Co., 100
<hi rend="italic">l</hi>., less the discount, and changes as an advance on bill, Lyon on Breakspear, dated 7th November, 1865, for 200
<hi rend="italic">l</hi>.; and bill, Potts on Breakspear, dated 21st November, 1865, for 100
<hi rend="italic">l</hi>., signed by Potts.—25th November—Received from Messrs. Lyon, Mackenzie, & Co. a further sum of 100
<hi rend="italic">l</hi>., less the discount and charges as in advance on the following bills, namely—Lyon on Breakspear, 7th November, at three months, for 200
<hi rend="italic">l</hi>.; Potts on Breakspear, 21st November, at three months, for 100
<hi rend="italic">l</hi>.; and Potts on Breakspear, 24th November, at three months, for 100
<hi rend="italic">l</hi>."—(
<hi rend="italic">Letter read</hi>) "24th November. Enclosed is a cheque for 50
<hi rend="italic">l</hi>., of Lyon, Mackenzie, & Co., bankers, in the City. If you are in want of the money, as the cheque is crossed, you can return it, and I will send you bank notes instead."</p>
<hi rend="smallCaps">
<rs id="t18660709-615-verdict-1" type="verdictDescription">
<interp inst="t18660709-615-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18660709-615-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18660709-615-punishment-25" type="punishmentDescription">
<interp inst="t18660709-615-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t18660709-615-punishment-25" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-615-18660709 t18660709-615-punishment-25"/>Confined Eighteen Months</rs> </hi>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, July</hi> 11
<hi rend="italic">th</hi>, 1866.</p>
<hi rend="italic">Before Lord Chief Justice Cockburn</hi>.</p>
<div1 type="trialAccount" id="t18660709-616">
<interp inst="t18660709-616" type="uri" value="sessionsPapers/18660709"/>
<interp inst="t18660709-616" type="date" value="18660709"/>
<join result="criminalCharge" id="t18660709-616-charge-1" targOrder="Y" targets="def1-616-18660709 t18660709-616-offence-1 t18660709-616-verdict-1"/>
<persName id="def1-616-18660709" type="defendantName">
<interp inst="def1-616-18660709" type="gender" value="male"/>
<interp inst="def1-616-18660709" type="age" value="77"/>
<interp inst="def1-616-18660709" type="surname" value="HARRINGTON"/>
<interp inst="def1-616-18660709" type="given" value="PATRICK"/>
<hi rend="largeCaps">PATRICK HARRINGTON</hi> (77)</persName> was indicted
<rs id="t18660709-616-offence-1" type="offenceDescription">
<interp inst="t18660709-616-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18660709-616-offence-1" type="offenceSubcategory" value="murder"/>for the wilful murder of
<persName id="t18660709-name-116" type="victimName">
<interp inst="t18660709-name-116" type="gender" value="male"/>
<interp inst="t18660709-name-116" type="surname" value="MANN"/>
<interp inst="t18660709-name-116" type="given" value="PETER"/>
<join result="offenceVictim" targOrder="Y" targets="t18660709-616-offence-1 t18660709-name-116"/>Peter Mann</persName>. He was also charged, on the Coroner's inquisition, with the manslaughter of the said Peter Mann.</rs> </p>
<hi rend="smallCaps">MR. SLEIGH</hi>
<hi rend="italic">conducted the Prosecution, and</hi>
<hi rend="smallCaps">MR. MONTAGU WILLIAMS</hi>
<hi rend="italic">the Defence</hi>.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-117" type="witnessName">
<interp inst="t18660709-name-117" type="gender" value="male"/>
<interp inst="t18660709-name-117" type="surname" value="LEARY"/>
<interp inst="t18660709-name-117" type="given" value="CORNELIUS"/>CORNELIUS LEARY</persName> </hi>. I live at 41, Royal Mint Street, Whitechapel, and am a tailor—I know the prisoner—I did not know him before 24th June, to my knowledge—about twelve o'clock that night I was at the door of my house in the street—I heard a female voice crying out and making a noise in Bakers' Arms Alley, close by—I could not see up the alley from where I stood—I saw the deceased and his wife come out of the alley—the woman had a long-handled broom in her hand—I did not know them before—they came into the street, the wife defending herself—the husband hit her a blow in the face—she lifted the broom again—he stopped the broom, and hit her a second blow in the face—she did not strike him, because he defended himself, and she said, "You call me a wh—, and I am none"—they both fell on the ground—she fell from the blow he hit her, and he fell a-top of her—she dropped the broom and got up and hit him two blows with the right hand on the right cheek; then the prisoner came out of the</p>
<xptr type="pageFacsimile" doc="186607090031"/>
<p>alley, stood between me and the deceased, lifted his hand, and hit the deceased a blow—I can't say where he hit her—directly the blow was given the deceased turned round and said, "Old man, you have stabbed me"—I stood where I was till some woman turned the deceased over, and said, "The man is bleeding"—I then went over, and said, "Good God! the old man has killed him"—I saw that he was bleeding—the prisoner walked away—I saw him in custody about ten minutes afterwards—I did not hear a word said by either party at the time the blow was struck—I believe they were all the worse for liquor.</p>
<hi rend="italic">Cross-examined. Q.</hi> What distance were you from the place where the man fell?
<hi rend="italic">A.</hi> About two and a half yards—the female was crying "Murder!" in Bakers' Arms Alley—I did not see her then—the deceased did not strike her any violent blows—the third blow he hit her knocked her down—the prisoner only struck the deceased one blow.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-118" type="witnessName">
<interp inst="t18660709-name-118" type="gender" value="male"/>
<interp inst="t18660709-name-118" type="surname" value="LEARY"/>
<interp inst="t18660709-name-118" type="given" value="DANIEL"/>DANIEL LEARY</persName> </hi>. The last witness is my father—I was in Royal Mint Street on this night, and saw a man and woman quarrelling—I heard a cry of "Murder!" in Bakers' Arms Alley—I ran downstairs and saw the woman strike the deceased twice in the face—they were then in the middle of Royal Mint Street—I did not see the man do anything to the woman—I was not down at the time—I saw the prisoner come from the court and strike the man in the breast, and he turned round, and said, "Old man, you have stabbed me"—the prisoner after he struck the blow walked over to the court—the deceased fell down and there he laid—the woman turned him over, and I saw that he was bleeding—I saw a constable take the prisoner—he was then about four yards from where the deceased fell—he said to him, "Old man, you are accused of doing this murder"—he said, "I do not know; I do not know nothing, and I was not there at all"—I had never seen the prisoner before or the deceased—they were all strangers to me—the prisoner was tipsy, and so was the deceased.</p>
<hi rend="italic">Cross-examined. Q.</hi> Was not what the prisoner said this? "What is this for? I know nothing about it."
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Could the prisoner see deceased strike his daughter?
<hi rend="italic">A.</hi> No, he could not until he came to the corner of the court—I think there was sufficient time to allow of his seeing the blow struck.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-119" type="witnessName">
<interp inst="t18660709-name-119" type="gender" value="female"/>
<interp inst="t18660709-name-119" type="surname" value="KEEFE"/>
<interp inst="t18660709-name-119" type="given" value="HELENA"/>HELENA KEEFE</persName> </hi>. I live in Royal Mint Street, and am married—I was at this place when this disturbance happened—I saw the deceased and his wife running out of Bakers' Arms Alley—I was standing at my father's door, where I live—the woman had a long-handled broom in her hand—the hus
<lb/>band hit the wife in the face with his shut fist, and she hit him back again with her fist—she never used the broom then—both of them came together and fell—the husband got up and hit the wife while she was still on the ground, and I went and stood between them and saved her from the blow—she then hit her husband twice in the face—he was drawing his hands back again to hit his wife, and the prisoner just at that moment came out of the alley and gave the blow—the deceased staggered, went about four or five yards, and fell—the prisoner went away and left him there—they were all strangers to me.</p>
<hi rend="italic">Cross-examined. Q.</hi> Were they all the worse for liquor apparently?
<hi rend="italic">A.</hi> Yes, they were—I heard the woman hallooing out in the court—I do not know what she was hallooing.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-120" type="witnessName">
<interp inst="t18660709-name-120" type="gender" value="male"/>
<interp inst="t18660709-name-120" type="surname" value="SHIELDS"/>
<interp inst="t18660709-name-120" type="given" value="WILLIAM"/>WILLIAM SHIELDS</persName> </hi>. I live at 38, Royal Mint Street—I was indoors on this night—I heard some screams of murder, went out, and saw the deceased being taken away—I saw a man pick up the knife, and
<hi rend="italic">chuck</hi> </p>
<xptr type="pageFacsimile" doc="186607090032"/>
<p>it away—this is it (
<hi rend="italic">produced</hi>)—it was some man who was standing round when the murder happened—I do not know him—he kicked it in the road—I picked it up and gave it to the constable—the blade was all over blood—it was shut when I picked it up—I saw the other man pick it up close against the building where the man was lying—it was closed then.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-121" type="witnessName">
<interp inst="t18660709-name-121" type="gender" value="male"/>
<interp inst="t18660709-name-121" type="surname" value="GREATHEAD"/>
<interp inst="t18660709-name-121" type="given" value="JOHN"/>JOHN GREATHEAD</persName> </hi> (31 H). In consequence of information, I went to Royal Mint Street—I saw the deceased lying on the ground—he was dead—I caused him to be removed—I took the prisoner into custody about five minutes afterwards at the corner of Bakers' Arms Alley—I told him it was for causing the death of his son-in-law—he said, "I know nothing about it whatever"—he had been drinking.</p>
<hi rend="italic">Cross-examined. Q.</hi> How far from Bakers' Arms Alley is it to 41, Royal Mint Street?
<hi rend="italic">A.</hi> About eleven or twelve yards—it is the opposite side.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-122" type="witnessName">
<interp inst="t18660709-name-122" type="gender" value="male"/>
<interp inst="t18660709-name-122" type="surname" value="DENDY"/>
<interp inst="t18660709-name-122" type="given" value="JOSEPH"/>JOSEPH DENDY</persName> </hi> (Police Inspector). I booked the charge against the prisoner at the station—I told him he was charged with causing the death of his son-in-law, who was lying dead at his feet then—he said, "I did not do it; I do not know anything about it; I was not there at all"—he was the worse for liquor.</p>
<hi rend="italic">Cross-examined. Q.</hi> That is to say he was drunk?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-123" type="witnessName">
<interp inst="t18660709-name-123" type="gender" value="male"/>
<interp inst="t18660709-name-123" type="surname" value="LOAME"/>
<interp inst="t18660709-name-123" type="given" value="JOHN"/>JOHN LOAME</persName> </hi>. I am a licentiate of the College of Physicians and a surgeon—I made a
<hi rend="italic">post mortem</hi> examination of the body of the deceased, in conjunction with Mr. Phillips, on the Tuesday morning, the next day but one after the 24th—there were two wounds on the breast, one on each side—the one on the left side had stopped short of the lower rib—it was stopped by the rib—the one on the right side had penetrated the cavity of the chest—it had first of all entered between the second and third ribs, had stopped short of the intercostal muscle, passing over the third rib, and had penetrated the cavity of the chest just below the third rib—it had wounded the right lung and punctured the ascending aorta just above the heart—the cause of death was the failure of the heart's action, due to the excessive hemorrhage caused by the wound—this knife might possibly have caused the wounds, but it is not such an instrument as I should have expected to have produced them.</p>
<hi rend="italic">Cross-examined. Q.</hi> I believe it was utterly impossible that both wounds could have been caused by the same blow?
<hi rend="italic">A.</hi> They could not have been.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-124" type="witnessName">
<interp inst="t18660709-name-124" type="gender" value="male"/>
<interp inst="t18660709-name-124" type="surname" value="MANN"/>
<interp inst="t18660709-name-124" type="given" value="MICHAEL"/>MICHAEL MANN</persName> </hi>. The deceased, Peter Mann, was my brother—I know this knife—it is the same size, appearance, and colour, and has the same sort of string to it that the prisoner used to use—I have had it in my possession several times in the last few years—I have seen him use it over a hundred times—he sells laces in the streets, and he uses that for the purpose of cutting the laces when the people buy of him—I had seen it in his possession on the Sunday previous to this.</p>
<hi rend="italic">Cross-examined. Q.</hi> Has the prisoner lent it to you?
<hi rend="italic">A.</hi> Yes, to cut tobacco with—he always keeps it round his neck—if he wanted to lend it he would take it off his neck—I cannot say really this is the knife, but it is the same sort of knife—I was in Bakers' Arms Alley from first to last when this occurred—the deceased and his wife had been drinking all the night—I was in the alley when they were fighting, and I separated them—she struck him twice over the face, and called him everything alive—I heard him call her a wh—.</p>
<hi rend="italic">The prisoner's statement read</hi>. "I have nothing to say, but I had not a knife in my hand, or anything like it—if I did not strike him with my</p>
<xptr type="pageFacsimile" doc="186607090033"/>
<p>nails I had nothing else—his wife told me he tried to cut his throat with a razor."</p>
<hi rend="italic">The Lord Chief Justice (upon being appealed to by Mr. Williams as to whether there was any case to go to the jury upon the charge of murder) stated that the only ground upon which the offence could be reduced to man
<lb/>slaughter, would be that the fatal blow was struck under the impulse of strong resentment caused by seeing his daughter assailed by her husband, although not in a manner calculated to endanger her life. This was a some-what novel point, and if it became necessary it should be reserved</hi>.</p>
<rs id="t18660709-616-verdict-1" type="verdictDescription">
<interp inst="t18660709-616-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18660709-616-verdict-1" type="verdictSubcategory" value="manslaughter"/>
<hi rend="smallCaps">GUILTY OF MANSLAUGHTER</hi>.
<hi rend="italic">Recommended to mercy by the jury on account of his age, his being in liquor at the time, and under the belief that he struck the fatal blow for the protection of his daughter.</hi> </rs>
<hi rend="italic">
<rs id="t18660709-616-punishment-26" type="punishmentDescription">
<interp inst="t18660709-616-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t18660709-616-punishment-26" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-616-18660709 t18660709-616-punishment-26"/>Confined Twelve Months</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18660709-617">
<interp inst="t18660709-617" type="uri" value="sessionsPapers/18660709"/>
<interp inst="t18660709-617" type="date" value="18660709"/>
<join result="criminalCharge" id="t18660709-617-charge-1" targOrder="Y" targets="def1-617-18660709 t18660709-617-offence-1 t18660709-617-verdict-1"/>
<persName id="def1-617-18660709" type="defendantName">
<interp inst="def1-617-18660709" type="gender" value="male"/>
<interp inst="def1-617-18660709" type="age" value="39"/>
<interp inst="def1-617-18660709" type="surname" value="TEMPLE"/>
<interp inst="def1-617-18660709" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES TEMPLE</hi> (39)</persName> was indicted
<rs id="t18660709-617-offence-1" type="offenceDescription">
<interp inst="t18660709-617-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18660709-617-offence-1" type="offenceSubcategory" value="murder"/> for and charged on the coroner's inquisition with the wilful murder of
<persName id="t18660709-name-126" type="victimName">
<interp inst="t18660709-name-126" type="gender" value="female"/>
<interp inst="t18660709-name-126" type="surname" value="TEMPLE"/>
<interp inst="t18660709-name-126" type="given" value="FANNY"/>
<join result="offenceVictim" targOrder="Y" targets="t18660709-617-offence-1 t18660709-name-126"/>Fanny Temple</persName>.</rs> </p>
<hi rend="smallCaps">MR. SLEIGH</hi>
<hi rend="italic">prosecuted</hi>.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-127" type="witnessName">
<interp inst="t18660709-name-127" type="gender" value="male"/>
<interp inst="t18660709-name-127" type="surname" value="ALLEN"/>
<interp inst="t18660709-name-127" type="given" value="JOHN"/>JOHN ALLEN</persName> </hi>. I am proprietor of the house, 5, High Street, Chelsea—I live in the house and let part of it—on 5th May the prisoner hired two rooms in the upper part at 2
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>. a week—about nine or ten o'clock that night I opened the door to him—he had a bundle in his arm, from which proceeded a moaning noise—I said to him, "For God's sake, is that a child you have there, or an animal?"—he said, "Yes, it is a young b—, four years and a half old. It is a great trouble to me and my
<hi rend="italic">missus</hi>. I wish the young b—was dead"—nothing further passed—he went upstairs with the bundle—he had a woman, whom he was living with, and three or four children—he remained in the apartments until he was apprehended, about three weeks—the deceased child was removed to the workhouse about a fortnight after he came there—during that time I know that all the children wanted food—I have heard them crying for food during the prisoner's absence, and I have supplied them—I did not go into the room until after the deceased child was taken away—the prisoner was never in the house after nine in the morning, except on Sunday—he used to come home at eleven, twelve, one, and two in the morning, and the woman generally came home after him—the children were generally left from nine in the morning till that time, except on Sunday—the woman went out too, I don't know where to—the eldest child was about eleven or twelve—all the furniture in the rooms was two half mattresses, a chair without a bottom, a broken table, a French bedstead, and a half butter firkin, used as a urinal and water
<lb/>closet—that furniture belonged to the prisoner, what he brought to occupy the rooms with—there were no blankets, sheets, or anything of that kind—all the children were most filthily dirty—there were no bed-clothes—after the deceased child was removed to the workhouse I went into the rooms—they were filthy and dirty, and a strong smell throughout—the butter firkin was used for the purposes of nature—there was plenty of convenience of the kind attached to the house.</p>
<hi rend="italic">Prisoner. Q.</hi> When did I take the rooms of you?
<hi rend="italic">A.</hi> A day or two pre
<lb/>vious to your coming in—I saw you many times—you and the woman came together to take the rooms.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-128" type="witnessName">
<interp inst="t18660709-name-128" type="gender" value="female"/>
<interp inst="t18660709-name-128" type="surname" value="ELLIS"/>
<interp inst="t18660709-name-128" type="given" value="CAROLINE"/>CAROLINE ELLIS</persName> </hi>. I am the wife of Frederick Ellis, a marine store dealer, and live at No. 5, High Street, Battersea, at Mr. Allen's—on 5th May, between 11 and 12 of night, the prisoner came there with a woman and his children—he had the baby in his arms; at least, I suppose</p>
<xptr type="pageFacsimile" doc="186607090034"/>
<p>he had by the sound of it—Mr. Allen said to him, "For God's sake, what have you got there? an infant?"—he said, "No, it is four and a half years old, the young b—. I wish it was dead. It is more trouble to me and my mistress than enough"—they then went upstairs—some 8 or 9 days afterwards I went into their room—I saw the child that is now dead on a bundle, I could not say whether it was rags or flock—it was very filthy and dirty—I have often heard it cry, particularly when the prisoner has been the worse for drink—it has cried for bread, and for water—it has been left without its father or the woman from nine in the morning till eleven, twelve, and perhaps one o'clock—I could not say that the children were left without food all that time, but they have been left by themselves, and have cried for food during the day, and we have relieved them in the house—I knew the prisoner three years ago, and he was a bad man to his wife then—she has been dead about three years.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-129" type="witnessName">
<interp inst="t18660709-name-129" type="gender" value="female"/>
<interp inst="t18660709-name-129" type="surname" value="SUTTON"/>
<interp inst="t18660709-name-129" type="given" value="MARY"/>MARY SUTTON</persName> </hi>. I am matron at Chelsea Workhouse—the deceased child was brought there on 23rd May by a person named Fleming—it was very much emaciated, very much bruised, and very dirty, and covered with vermin; it had scarcely any clothes on, except mere rags; it was very hungry—I ordered some arrowroot, with a little brandy as a stimulant—she gradually sank, and died on 28th—I saw the prisoner once, on the night he was given into custody—he did not see the child after the time it was ill, nor after its death.</p>
<hi rend="italic">Prisoner. Q.</hi> Did not I come that night to demand the child?
<hi rend="italic">A.</hi> No—I had nothing to do with giving you in charge—I believe you came there the night the child was brought in, but I did not see you—you never came near her afterwards.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-130" type="witnessName">
<interp inst="t18660709-name-130" type="gender" value="male"/>
<interp inst="t18660709-name-130" type="surname" value="CHINNERY"/>
<interp inst="t18660709-name-130" type="given" value="FREDERICK"/>FREDERICK CHINNERY</persName> </hi> (282 T). I took the prisoner into custody for wilful neglect on the 23rd—he said he could not help it—he afterwards said if he was locked up he should lose his place of work, where he was earning 30
<hi rend="italic">s</hi>. a week.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-131" type="witnessName">
<interp inst="t18660709-name-131" type="gender" value="female"/>
<interp inst="t18660709-name-131" type="surname" value="FLEMING"/>
<interp inst="t18660709-name-131" type="given" value="GRACE"/>GRACE FLEMING</persName> </hi>. I am a widow—in the forenoon of 23rd May I took the child to the workhouse, and left it there—it was fearfully bruised on the face, and right down the side—it bones were nearly through the skin.</p>
<hi rend="italic">Prisoner. Q.</hi> Who did you take it from?
<hi rend="italic">A.</hi> From its mother—she was quite drunk at the time—she was sitting on the church steps.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-132" type="witnessName">
<interp inst="t18660709-name-132" type="gender" value="male"/>
<interp inst="t18660709-name-132" type="surname" value="KEMPSTER"/>
<interp inst="t18660709-name-132" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY KEMPSTER</persName> </hi>. I am a surgeon at Battersea—on 30th April the deceased child was brought to my surgery for medical advice by some relation, I believe by the woman with whom the prisoner lived—it was a very small stunted child, unusually small for its age—it had disease of the lungs, tubercular deposition in the lungs, and disease of the mesenteric glands—I saw it several times between that period and 23rd May, when it was brought to me by the grandmother—the second time it was brought to me by a woman named Sweeney, with whom the prisoner lived—on 23rd May it was very much worse indeed; in fact, it had sunk rapidly from the time I saw it before—that was the last time I saw it—deprivation of food, and want of clothing and other comforts, would have a great deal to do with accelerating its death—I must say in fairness that the child undoubtedly would have died at some period, and at no distant period, from the disease under which it laboured, consumption both of the lungs and the mesenteric glands, but the absence of food and clothing would accelerate its death; in fact, the child was in a starving condition on the last occasion when I saw it.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-133" type="witnessName">
<interp inst="t18660709-name-133" type="gender" value="male"/>
<interp inst="t18660709-name-133" type="surname" value="DICKENSON"/>
<interp inst="t18660709-name-133" type="given" value="THOMAS"/>THOMAS DICKENSON</persName> </hi>. I am a surgeon attached to the workhouse—on</p>
<xptr type="pageFacsimile" doc="186607090035"/>
<p>23rd May I was called to see this child—it was very much emaciated, very dirty, bruised, and suffering from diarrhoea—I attended it until its death, which occurred on 28th—I made a
<hi rend="italic">post mortem</hi> examination—externally the child was in the condition I have described—the left lung was con
<lb/>sumptive to a considerable extent, and there was extensive disease of the mesenteric glands—the disease was the cause of death, both the lung and the mesenteric—they are the same disease, only in different parts of the body—it was scrofulous disease—the deprivation of food and the want of proper care, cleanliness, and attention would accelerate the death—in my judgment the child would not have died so soon as it did if it had had proper food, care, and clothing.</p>
<hi rend="italic">Prisoner. Q.</hi> How long was the child out of your care before you had it again?
<hi rend="italic">A.</hi> Perhaps a month—I had it under my charge several times in the sick ward—emaciation would be the result of the disease, or of starvation—it had frequently been in the infirmary of the workhouse.</p>
<hi rend="italic">The prisoner in his defence stated that the child had been ailing from its birth, and that he had done for it all that laid in his power</hi>.</p>
<hi rend="smallCaps">
<rs id="t18660709-617-verdict-1" type="verdictDescription">
<interp inst="t18660709-617-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18660709-617-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday, July</hi> 11
<hi rend="italic">th</hi>, 1866.</p>
<hi rend="italic">Before Mr Recorder</hi>.</p>
<div1 type="trialAccount" id="t18660709-618">
<interp inst="t18660709-618" type="uri" value="sessionsPapers/18660709"/>
<interp inst="t18660709-618" type="date" value="18660709"/>
<join result="criminalCharge" id="t18660709-618-charge-1" targOrder="Y" targets="def1-618-18660709 t18660709-618-offence-1 t18660709-618-verdict-1"/>
<persName id="def1-618-18660709" type="defendantName">
<interp inst="def1-618-18660709" type="gender" value="female"/>
<interp inst="def1-618-18660709" type="age" value="23"/>
<interp inst="def1-618-18660709" type="surname" value="MURPHY"/>
<interp inst="def1-618-18660709" type="given" value="MARGARET"/>
<hi rend="largeCaps">MARGARET MURPHY</hi> (23)</persName>
<hi rend="smallCaps">
<rs id="t18660709-618-verdict-1" type="verdictDescription">
<interp inst="t18660709-618-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18660709-618-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18660709-618-offence-1" type="offenceDescription">
<interp inst="t18660709-618-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18660709-618-offence-1" type="offenceSubcategory" value="wounding"/> to feloniously throwing oil of vitriol on
<persName id="t18660709-name-135" type="victimName">
<interp inst="t18660709-name-135" type="gender" value="male"/>
<interp inst="t18660709-name-135" type="surname" value="MURPHY"/>
<interp inst="t18660709-name-135" type="given" value="MAURICE"/>
<join result="offenceVictim" targOrder="Y" targets="t18660709-618-offence-1 t18660709-name-135"/>Maurice Murphy</persName>, with intent to do him some grievous bodily harm.—</rs>
<hi rend="italic">
<rs id="t18660709-618-punishment-27" type="punishmentDescription">
<interp inst="t18660709-618-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t18660709-618-punishment-27" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-618-18660709 t18660709-618-punishment-27"/>Confined Eighteen Months</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18660709-619">
<interp inst="t18660709-619" type="uri" value="sessionsPapers/18660709"/>
<interp inst="t18660709-619" type="date" value="18660709"/>
<join result="criminalCharge" id="t18660709-619-charge-1" targOrder="Y" targets="def1-619-18660709 t18660709-619-offence-1 t18660709-619-verdict-1"/>
<persName id="def1-619-18660709" type="defendantName">
<interp inst="def1-619-18660709" type="gender" value="male"/>
<interp inst="def1-619-18660709" type="age" value="67"/>
<interp inst="def1-619-18660709" type="surname" value="MARTIN"/>
<interp inst="def1-619-18660709" type="given" value="AMBROSE"/>
<hi rend="largeCaps">AMBROSE MARTIN</hi> (67)</persName>
<rs id="t18660709-619-offence-1" type="offenceDescription">
<interp inst="t18660709-619-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18660709-619-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, Breaking and entering the ware-house of
<persName id="t18660709-name-137" type="victimName">
<interp inst="t18660709-name-137" type="gender" value="male"/>
<interp inst="t18660709-name-137" type="surname" value="SMITH"/>
<interp inst="t18660709-name-137" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18660709-619-offence-1 t18660709-name-137"/>John Smith</persName>, and stealing therein 672 yards of muslin, his property.
<hi rend="italic">Second Count</hi>, Feloniously receiving the same.</rs> </p>
<hi rend="smallCaps">MR. DALY</hi>
<hi rend="italic">conducted the Prosecution, and</hi>
<hi rend="smallCaps">MR. COOPER</hi>
<hi rend="italic">the Defence</hi>.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-138" type="witnessName">
<interp inst="t18660709-name-138" type="gender" value="male"/>
<interp inst="t18660709-name-138" type="surname" value="SMITH"/>
<interp inst="t18660709-name-138" type="given" value="JOHN"/>JOHN SMITH</persName> </hi>. I am a merchant and agent, of 139, Cheapside—I am agent to James Arden and Co., of Glasgow, and other firms, manufacturers of muslins—on 15th May I left my place safe at a few minutes past five—I went at half-past nine next morning, and found the place broken open, and a policeman in charge—I missed twenty-six pieces of black soft muslin, two pieces of other muslin, and other property which I have not found—I was out with Gayler, the officer, met the prisoner, and gave him in custody—I asked him if his name was Martin; he said, "Yes", and took this invoice (
<hi rend="italic">produced</hi>) out of his pocket, to show that he had bought the goods—here are some cords mentioned on it which I missed from my office, and have not found.</p>
<hi rend="italic">Cross-examined. Q.</hi> Are there muslins on that invoice?
<hi rend="italic">A.</hi> I under-stand it to be so, but it is in French—(
<hi rend="italic">this, being translated, was for</hi> 736
<hi rend="italic">yards of muslin, sold to A. Martin for</hi> 184
<hi rend="italic">francs, and six pieces of fancy cord in pledge at Lisle and Morris's, Clerkenwell, dated</hi> 17
<hi rend="italic">th May</hi>, 1866, 7
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>.,
<hi rend="italic">but not receipted</hi>)—the goods are worth considerably more—the black soft goods are worth 10
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. a piece at least, wholesale price.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> What is the value of the goods included in the invoice?
<hi rend="italic">A.</hi> About 14
<hi rend="italic">l</hi>.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-139" type="witnessName">
<interp inst="t18660709-name-139" type="gender" value="male"/>
<interp inst="t18660709-name-139" type="surname" value="GAYLER"/>
<interp inst="t18660709-name-139" type="given" value="CHARLES THOMAS"/>CHARLES THOMAS GAYLER</persName> </hi> (City Policeman 47). On 16th May I went to Mr. Smith's premises, and found they had been broken open—on 2nd</p>
<xptr type="pageFacsimile" doc="186607090036"/>
<p>June, about half-past ten o'clock, I was with Police-constable Crisp, and met Emery going with a bundle—I stopped him, and detained some muslin I found in the bundle—it has been identified—Emery told me something, and I went to Mr. Cutler's, who gave me a description of the man he bought it of—we afterwards met Martin in Basinghall Street—Mr. Smith spoke to him, and gave him into my charge—I told him we had found some muslins at Mr. Cutler's, which had been identified by Mr. Smith, and asked him how he became possessed of them—he pulled out this invoice, and said he bought them of a tall Englishman and a short French-man, whom he did not know, and that the cord had gone to Paris.</p>
<hi rend="italic">Cross-examined. Q.</hi> Did he give you his direction?
<hi rend="italic">A.</hi> Yes, at the station, 26, Caledonian Road—I found it correct—I called his attention to the date being the 17th, and the duplicate shows that the things were not pledged till the 18th, but all I could get out of him was that he bought it of a tall Englishman and a short Frenchman—he pretended that he could not speak English.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-140" type="witnessName">
<interp inst="t18660709-name-140" type="gender" value="male"/>
<interp inst="t18660709-name-140" type="surname" value="CUTLER"/>
<interp inst="t18660709-name-140" type="given" value="WILLIAM"/>WILLIAM CUTLER</persName> </hi>. I am a wholesale draper, of 47, London Wall—on 18th May the prisoner was introduced to me by Mr. Barr, whom I had some little knowledge of—he brought 27 pieces of muslin, of 24 or 25 yards each, and asked me to lend him some money on them, but I bought them for 4
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—my young man gave Emery a piece of them as a sample—after Martin delivered me the goods, he brought me an order to deliver them to some other person—I have lost it—it was merely to deliver them at such an address—I refused to give them up unless I was paid.</p>
<hi rend="italic">Cross-examined. Q.</hi> Who is Mr. Barr?
<hi rend="italic">A.</hi> A bankrupt, and I took his offices—I have no doubt these goods cost 8
<hi rend="italic">s</hi>. a piece to manufacture, but there is no sale for them now—I would not give 2 1/2
<hi rend="italic">d</hi>. a yard for them.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-141" type="witnessName">
<interp inst="t18660709-name-141" type="gender" value="male"/>
<interp inst="t18660709-name-141" type="surname" value="EMERY"/>
<interp inst="t18660709-name-141" type="given" value="JAMES"/>JAMES EMERY</persName> </hi>. I am an agent, of 8, New Street, and have known Martin some months—on 17th May I met him in Basinghall Street—he said that he had some muslins for sale—I told him I could sell them, and he promised to bring me a sample next morning—I met him the same day; he brought a box, with 27 or 28 pieces of muslin, and we went to Mr. Gre
<lb/>gory's in the Minories, who refused to buy them—we then took them to Mr. Myers's, but he offered too small a price—Martin said that there were so many hundred yards, but he did not say how many pieces there were—Myers said that he would buy some, and I was taking some to him when I was taken in custody—I had sold them previously, by Martin's order, but they would not give them up.</p>
<hi rend="italic">Cross-examined. Q.</hi> Did you get into trouble through it?
<hi rend="italic">A.</hi> Yes; he did not restrict me where I was to go to sell them—I offered them in Falcon Square, which is close to Cheapside.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-142" type="witnessName">
<interp inst="t18660709-name-142" type="gender" value="male"/>
<interp inst="t18660709-name-142" type="surname" value="GURR"/>
<interp inst="t18660709-name-142" type="given" value="JOHN"/>JOHN GURR</persName> </hi>. I am assistant to Lisle and Morris, pawnbrokers, I produce six pieces of fancy cord pledged on 18th May by two foreigners, and redeemed next day by the prisoner.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-143" type="witnessName">
<interp inst="t18660709-name-143" type="gender" value="male"/>
<interp inst="t18660709-name-143" type="surname" value="TIBBETTS"/>
<interp inst="t18660709-name-143" type="given" value="HENRY"/>HENRY TIBBETTS</persName> </hi>. I am Mr. Smith's housekeeper—on 15th May the place was broken open—I had seen the prisoner in the gateway of the side entrance on two or three occasions, and within a week of the 15th—you have to come down a passage about 60 feet to get there.</p>
<hi rend="italic">Cross-examined. Q.</hi> Is it a pretty crowded place, where merchants congre
<hi rend="italic">A.</hi> Yes—I have not spoken to him or seen him talking to people.
<hi rend="italic">The Prisoner's statement before the Magistrate</hi>. "I bought these goods conscientiously and honestly."</p>
<xptr type="pageFacsimile" doc="186607090037"/>
<hi rend="italic">Witnesses for the Defence</hi>.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-144" type="witnessName">
<interp inst="t18660709-name-144" type="gender" value="female"/>
<interp inst="t18660709-name-144" type="surname" value="BAKER"/>
<interp inst="t18660709-name-144" type="given" value="ELIZABETH"/>ELIZABETH BAKER</persName> </hi>. I keep a lodging-house at 34, Henry Street, Hampstead Road—In May last I let the back bedroom to two French-man—one was named John Aldous—he took it, I believe, on the Derby day, 16th or 17th May, and occupied it for four weeks—he paid three weeks' rent in advance, and left without notice on Monday, owing me nothing—they were there a fortnight and four days—it may have been 3rd June that they left—I thought they were commercial travellers—they had a package or two done up in their room, and I saw the prisoner take two or three parcels away—I was asked for a receipt stamp on that day, I had not got one, and the youngest of my lodgers, the young Frenchman, said "I will go and get one," which he did—I have seen the prisoner at my house, but not more than three times.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. DALY</hi>.
<hi rend="italic">Q.</hi> How many days was it after these French people came to your house that they asked for a stamp?
<hi rend="italic">A.</hi> It may be two or three—it was nothing like a week—it was two or three days before they left—it was on the Wednesday or Thursday, and they left on the following Monday—they were there a fortnight altogether—I never saw the prisoner till he took away the parcels—they paid me 5
<hi rend="italic">s</hi>. a week in advance for the apartments.</p>
<hi rend="smallCaps">MR. COOPER</hi>.
<hi rend="italic">Q.</hi> Did they come on the Derby day, or the day before, or the day afterwards?
<hi rend="italic">A.</hi> I believe it was on the Derby day—I did not go to the Derby—it was on Wednesday they came, and the Derby was on Wednesday—they came to me on the Derby day, and they did not come before, on my oath—a man, and his wife, and two children, had that room before they came—they left a fortnight before the gentlemen took posses
<lb/>sion—I know the day the prisoner came and took the parcels away from my lodgers, because it was a race week—it was a very exciting week for a great many—I cannot tell you the day, but it was that week.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You are sure it was either Wednesday or Thursday before they left that you were asked for a stamp?
<hi rend="italic">A.</hi> It was the week before—it was during that week—it was the fore part of the week.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-145" type="witnessName">
<interp inst="t18660709-name-145" type="gender" value="male"/>
<interp inst="t18660709-name-145" type="surname" value="ARMAND"/>
<interp inst="t18660709-name-145" type="given" value="AUGUSTE"/>AUGUSTE ARMAND</persName> </hi>. I am a commission agent, of Frith Street, Soho—I know M. Aldous—I met him on 17th May on a penny boat—he told me that he had known me some time, and offered to do business with me—he said that he had 30 or 35 pieces of muslin to sell, and gave me his address, 34, Henry Street, Hampstead Road—I called on him next morning, and saw the muslin, but did not buy any—while I was there the prisoner came in—he examined the muslins and bought some—I cannot say whether he bought the whole—I think a duplicate was handed to him—Aldous signed a receipt, and I saw him fetch a cab, but did not see him take the goods away—it was about eleven o'clock in the morning.</p>
<hi rend="italic">Cross-examined. Q.</hi> Did you see the receipt signed?
<hi rend="italic">A.</hi> I saw him sign it, but I did not have it in my hand—it was on the 17th I met him, and the 18th that the receipt was signed.</p>
<hi rend="smallCaps">MR. COOPER</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">ELIZABETH BAKER</hi>.
<hi rend="italic">Q.</hi> Did you see this gentleman at your house?
<hi rend="italic">A.</hi> I believe I saw him once—it was about the latter end of the time that those gentlemen were lodging there. I cannot say the day—it was about the same day that the receipt was signed—it was, I believe, the last Wednesday or Thursday before they left.</p>
<rs id="t18660709-619-verdict-1" type="verdictDescription">
<interp inst="t18660709-619-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18660709-619-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">on the Second Count.</hi> </rs>
<hi rend="italic">He was further charged with having been before convicted at this Court, in April</hi>, 1863,
<hi rend="italic">when he was sentenced to three</hi> </p>
<xptr type="pageFacsimile" doc="186607090038"/>
<hi rend="italic">years penal servitude—to this he</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>.—
<hi rend="italic">
<rs id="t18660709-619-punishment-28" type="punishmentDescription">
<interp inst="t18660709-619-punishment-28" type="punishmentCategory" value="imprison"/>
<interp inst="t18660709-619-punishment-28" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-619-18660709 t18660709-619-punishment-28"/>Seven Years' Penal Servitude</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18660709-620">
<interp inst="t18660709-620" type="uri" value="sessionsPapers/18660709"/>
<interp inst="t18660709-620" type="date" value="18660709"/>
<join result="criminalCharge" id="t18660709-620-charge-1" targOrder="Y" targets="def1-620-18660709 t18660709-620-offence-1 t18660709-620-verdict-2"/>
<join result="criminalCharge" id="t18660709-620-charge-2" targOrder="Y" targets="def2-620-18660709 t18660709-620-offence-1 t18660709-620-verdict-1"/>
<persName id="def1-620-18660709" type="defendantName">
<interp inst="def1-620-18660709" type="gender" value="male"/>
<interp inst="def1-620-18660709" type="age" value="27"/>
<interp inst="def1-620-18660709" type="surname" value="SMITH"/>
<interp inst="def1-620-18660709" type="given" value="JOHN WYCH"/>
<hi rend="largeCaps">JOHN WYCH SMITH</hi> (27)</persName> and
<persName id="def2-620-18660709" type="defendantName">
<interp inst="def2-620-18660709" type="gender" value="male"/>
<interp inst="def2-620-18660709" type="surname" value="WATTEZ"/>
<interp inst="def2-620-18660709" type="given" value="ADOLPHE"/>
<hi rend="largeCaps">ADOLPHE WATTEZ</hi> </persName>
<rs id="t18660709-620-offence-1" type="offenceDescription">
<interp inst="t18660709-620-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18660709-620-offence-1" type="offenceSubcategory" value="fraud"/>( ), Unlawfully conspiring to defraud
<persName id="t18660709-name-148" type="victimName">
<interp inst="t18660709-name-148" type="gender" value="female"/>
<interp inst="t18660709-name-148" type="surname" value="BASSETT"/>
<interp inst="t18660709-name-148" type="given" value="LUCY"/>
<join result="offenceVictim" targOrder="Y" targets="t18660709-620-offence-1 t18660709-name-148"/>Lucy Bassett</persName>, and other persons of divers sums of money, to which </rs>
<hi rend="largeCaps">WATTEZ</hi>
<hi rend="smallCaps">
<rs id="t18660709-620-verdict-1" type="verdictDescription">
<interp inst="t18660709-620-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18660709-620-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.
<hi rend="italic">
<rs id="t18660709-620-punishment-29" type="punishmentDescription">
<interp inst="t18660709-620-punishment-29" type="punishmentCategory" value="imprison"/>
<interp inst="t18660709-620-punishment-29" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-620-18660709 t18660709-620-punishment-29"/>Confined Six Months</rs> </hi>.</p>
<hi rend="smallCaps">MESSRS. BESLEY</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MOIR</hi>
<hi rend="italic">conducted the Prosecution, and</hi>
<hi rend="smallCaps">MR. PATER</hi>
<hi rend="italic">defended Smith</hi>.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-149" type="witnessName">
<interp inst="t18660709-name-149" type="gender" value="female"/>
<interp inst="t18660709-name-149" type="surname" value="SHEARING"/>
<interp inst="t18660709-name-149" type="given" value="ADELAIDE"/>ADELAIDE SHEARING</persName> </hi>. I live at 9, Mortimer Street, Herne Bay—on Easter Monday the prisoners came to my father's shop, walked upstairs, and had some refreshment—they then went into the shop, and Smith asked my father if he could tell him of some nice walk—my father told him to go to the Reculvers—Smith then said, "I see you sell Baker's tea"—my father said, "Yes"—Smith asked if he would mind sending some up to Lon
<lb/>don—my father said, "Yes, if you send the money, but you can get it in London"—he said that he preferred having it from the sea-side, as it would be much superior—they went out, and returned to tea at about five o'clock, and as they left they said, "We will send you down an order for some tea"—some time after that a letter came, and after that we received 50 or 60 letters, addressed, "Mrs. Ablett, under care of Mr. Shearing, 9, Mortimer Street, Herne Bay"—my father took them down to the General Post-office—one of them was addressed to my father—we have lived at Herne Bay two years—I know no one named George Ablett there—nobody of that name has been to our house that I know of.</p>
<hi rend="italic">Cross-examined. Q.</hi> Was Easter Monday the first time you saw the prisoners?
<hi rend="italic">A.</hi> Yes—I am certain they are the men—they had no conversa
<lb/>tion with my father at which I was not present—we take lodgers in the summer time.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-150" type="witnessName">
<interp inst="t18660709-name-150" type="gender" value="male"/>
<interp inst="t18660709-name-150" type="surname" value="SHEARING"/>
<interp inst="t18660709-name-150" type="given" value="JAMES"/>JAMES SHEARING</persName> </hi>. I am a baker, and keep a refreshment-room at 9, Mortimer Street, Herne Bay—on Easter Monday, about one o'clock, the prisoners came and had dinner—Smith afterwards said, "You sell Baker and Baker's tea, do you not?" I said, "Yes." He said, "I suppose if I was to send you down an order you would have no objection, if I sent the cash, to execute the order?" I said, "It is not worth your while to send down to me, I have the tea from London." He said, "Being at the seaside, it may be a superior article." I said, "Probably it may be"—they went for a walk and came back to tea—I thought I was going to get a very large order, but I only received 2
<hi rend="italic">s</hi>. worth of postage stamps in a letter for half a pound of the celebrated tea—letters afterwards came addressed to Mrs. Ablett—I have lived at Herne Bay some time, but never heard of anybody of that name there.</p>
<hi rend="italic">Cross-examined. Q.</hi> Have letters never been left at your house before?
<hi rend="italic">A.</hi> Not one—I left the letter with the postmaster.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-151" type="witnessName">
<interp inst="t18660709-name-151" type="gender" value="female"/>
<interp inst="t18660709-name-151" type="surname" value="VAN-DE-VELDE"/>
<interp inst="t18660709-name-151" type="given" value="MARY"/>MARY VAN-DE-VELDE</persName> </hi>. I am single, and live at Chelsea at present—I saw an advertisement in the
<hi rend="italic">Times</hi> and
<hi rend="italic">Telegraph</hi> in April, in consequence of which I wrote to the Cavendish Institution, and received a prospectus in reply—I went there on 9th April—it was at 9, Mortimer Street, Regent Street—I saw both the prisoners there, and asked for the address of the companionship advertised in the
<hi rend="italic">Times</hi>—Wattez, I think, wrote it and gave it to me, saying that I ought to write soon—Smith said I was to pay 5
<hi rend="italic">s</hi>. before I received the address, which I paid, and got a receipt—this is the address: "Mrs. Duperny, 40, Rue St. Omer, Pas de Calais"—I wrote</p>
<xptr type="pageFacsimile" doc="186607090039"/>
<p>there, but received no answer, and my letter was returned about three weeks afterwards through the dead letter office—after that I went to the institution again, and saw both the prisoners—I complained about the letter being returned, and they said that the lady had returned a week since to London, and they would give me the address when they got it—I think it was Wattez said that—I went again in about a fortnight, and saw, I think, Wattez alone—he gave me the address, "Mrs. Ablett, Mr. Shearing, 9, Mortimer Street, Herne Bay"—I wrote to that lady, but had no reply, nor did I have the letter back—I received this letter between the first and the last addresses—it is in Wattez's writing—I have seen him write—he wrote me the address. (
<hi rend="italic">This was dated March</hi> 20
<hi rend="italic">th, and stated that there were no situations on the books likely to suit the witness at present, but that the first that came would be sent to her, in the meantime giving her the address, "Mr. Donovan</hi>, 30,
<hi rend="italic">King's Road, Ball's Pond," who required a young lady to instruct his daughter in music</hi>.) I do not remember whether I received that in March or April, but it was after I received the first address—I have not noticed that it is dated 20th March, and not April—I went to the institu
<lb/>tion again, and saw Smith—I told him there was no such name as Mrs. Ablett at Mr. Shearing's—he said that it was all a mistake what I had seen in the newspapers—I had referred to that—I told him that he might either return the money or I should expose him—he said that it was not customary to return money when once received—this letter marked B is in Wattez's writing (
<hi rend="italic">read</hi>): "Mr. Ablett, care of Mr. Henniford, 20, Old Street, St. Luke's. Sir,—I will thank you to send me half a pound of your celebrated tea as a trial, together with any letters that may have come for myself or wife, and oblige yours, respectfully, George Alford. "</p>
<hi rend="italic">Cross-examined. Q.</hi> Did you know when you paid the 5
<hi rend="italic">s</hi>. that no situa
<lb/>tion was guaranteed?
<hi rend="italic">A.</hi> Yes; that was put in the paper—I paid the 5
<hi rend="italic">s</hi>. as a registration fee.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-152" type="witnessName">
<interp inst="t18660709-name-152" type="gender" value="female"/>
<interp inst="t18660709-name-152" type="surname" value="HANCOCK"/>
<interp inst="t18660709-name-152" type="given" value="MARY"/>MARY HANCOCK</persName> </hi>. I live at Ealing—early in April I saw an advertise
<lb/>ment in the
<hi rend="italic">Telegraph</hi>, and received a paper like this (
<hi rend="italic">produced</hi>) from the Cavendish Institution—I wrote to the institution, sent the money, and got this receipt and this application, which I filled up and returned, with 5
<hi rend="italic">s</hi>. in stamps—this is the reply I received. (
<hi rend="italic">This was stated by Miss Van-de-Velde to be in Wattez's writing. It acknowledged the receipt of the </hi>5
<hi rend="italic">s., and enclosed the name of a lady wanting a companion, Mrs. Ablett, Mr. Shearing, 9, Mortimer Street, Herne Bay. Signed, J. Smith</hi>.) My letter came back to me through the dead letter office—I did not go to the institution again—I received other addresses, but returned them—I went to the institution before that and saw Smith—I had written previously stating that I had not heard from the lady, and therefore nothing passed about the address—I merely said that he had my name on his books, had he anything likely to suit me—he sent me to a gentleman at King's Road, Ball's Pond, Islington, who he said required a housekeeper, and that no music was required—when I got there I found that music was required, so I went back and told him I was very much vexed at being sent that distance, because they wanted music, and I did not know music, but he did not take the slightest notice—I did not go back again—it was after that that the letter I addressed to Mrs. Ablett came back—I got no situation.</p>
<hi rend="italic">Cross-examined. Q.</hi> Did Smith tell you he did not guarantee to get you a situation?
<hi rend="italic">A.</hi> No, but it was on the prospectus—I knew that the money I was paying was a registration fee.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-153" type="witnessName">
<interp inst="t18660709-name-153" type="gender" value="female"/>
<interp inst="t18660709-name-153" type="surname" value="MARTIN"/>
<interp inst="t18660709-name-153" type="given" value="EMMA"/>EMMA MARTIN</persName> </hi>. I am single, and live with my brother-in-law in Nor
<xptr type="pageFacsimile" doc="186607090040"/>
<p>—I saw an advertisement in the
<hi rend="italic">Standard</hi>, and wrote to the Cavendish Institution—I received in reply this paper, which has written on it, "On receipt of registration fee we will at once send you the vacancy"—I sent 5
<hi rend="italic">s</hi>. in stamps and received this letter. (
<hi rend="italic">This was proved by Miss Van-de-Velde to be in Wattez's writing. It was signed "J. Smith," acknowledging the receipt of the registration fee, and giving the name of a lady requiring a com
<lb/>panion, Mrs. Ablett, Mr. Shearing</hi>, 9,
<hi rend="italic">Mortimer Street, Herne Bay</hi>.) I wrote to Mrs. Ablett, but received no answer—my letter came back through the dead letter office—I never went to the institution and never got a situation.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-154" type="witnessName">
<interp inst="t18660709-name-154" type="gender" value="male"/>
<interp inst="t18660709-name-154" type="surname" value="WARNER"/>
<interp inst="t18660709-name-154" type="given" value="JOSEPH"/>JOSEPH WARNER</persName> </hi>. I live at 15, South Street, Brighton, and keep the Crystal Palace Dining-rooms there—on Easter Sunday, about one o'clock, the defendants dined there—they said they had had a good dinner and asked me if I could take in their circulars, as they kept a school, and would come with the teachers one day in the centre of the week to partake of tea—they wished to know what I should charge—I said that I was very moderate—they said they did not know whether they should remain in Brighton that night or not, but if any letters came for them addressed "Fosdyke, Esq.," would I send them to the address they wished me to take down—Smith said, "You write it down"—I said, "No, I am busy cutting up dinners; you write it"—I received letters next morning addressed to Fosdyke, Esq., and took them to the dead letter office—three letters came to be left at my house addressed for different people—I took them to the post office—the prisoners said on the paper they left me that the letters that came to my house were to be sent to Fosdyke, Esq., in London—I took no care of the paper—I threw it on the floor and left it there—I have never seen it since—it had on it, "Fosdyke, Esq.," at a school in London, at some place which I forget—no one has ever been to my place in that name—I know nothing of the name except what I heard from the prisoners.</p>
<hi rend="italic">Cross-examined. Q.</hi> Were the persons you saw strangers to you?
<hi rend="italic">A.</hi> Yes—I saw them again at Marlborough Street on 14th June—I was sub
<lb/>poenaed there and said that I believed them to be the men—I may have said, "I do not recognise the prisoners; I will not swear to them"—I said that I could not recognise them as they stood there, because they were in a different situation to what I saw them in—it was after I left the court that I became certain they were the men—I was thinking the matter over all night—when I saw them I said that I believed they were the men, but so many weeks had passed that I could not swear to them—they were then remanded for a week.</p>
<hi rend="smallCaps">MR. BESLEY</hi>.
<hi rend="italic">Q.</hi> Did you see Wattez afterwards?
<hi rend="italic">A.</hi> Yes, just after they left the court-house—he had his hat on then, and I heard him speak—I became positive directly I saw him with his hat on—that was the first time I went before the magistrate—Smith is the man who wrote down "Fosdyke, Esq."</p>
<hi rend="smallCaps">
<persName id="t18660709-name-155" type="witnessName">
<interp inst="t18660709-name-155" type="gender" value="female"/>
<interp inst="t18660709-name-155" type="surname" value="GILPIN"/>
<interp inst="t18660709-name-155" type="given" value="ISABELLA"/>ISABELLA GILPIN</persName> </hi>. I am single, and lived at this time at Francis Terrace, Victoria Park—I saw an advertisement in the
<hi rend="italic">Clerkenwell News</hi>, and on 4th April I went to the institution and saw Wattez—I asked him whether a young lady was wanted for a confectioner's shop—he said, "Yes"—I said that I wanted the address—he referred me to the rules in a frame, and I said, "Do I understand rightly that by paying 5
<hi rend="italic">s</hi>. you obtain me a situation?"—he said, "Yes"—I said, "I have not sufficient cash with me to do that, but I will call to-morrow"—I called next day</p>
<xptr type="pageFacsimile" doc="186607090041"/>
<p>and paid him 5
<hi rend="italic">s</hi>.—he wrote down the address, C. "Fosdyke, Esq., 15, South Street, Brighton," but I destroyed it—I wrote to that address, but received no answer—my letter was returned through the dead letter office—I then wrote to the prisoner Smith, and afterwards called at the institu
<lb/>tion and saw them both—I asked Wattez the reason I had my letter re
<lb/>turned—he had written to say that perhaps I did not stamp my letter, so I took him the envelope to convince him that I did—he at the same time enclosed me another address of a Mrs. Clark, in Kent—I wrote there, and received my letter back through the dead letter office—I afterwards re
<lb/>ceived this letter: "Cavendish Institution, 14, Mortimer Street. Madam,—We cannot understand the reason your letter was returned from Mrs. Clark. Immediately on receiving fresh addresses we will forward them. Yours respectfully,
<hi rend="smallCaps">J. SMITH</hi>." After some little time I went to the in
<lb/>stitution again, and saw Smith and a Miss Hawkins—I believe I said that it was very strange I could not obtain a situation, and if I did not get one I should have to ask him to return my money, or make it payable some-where else—he told me to do my best and worst—I said that I should endeavour to do so.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-156" type="witnessName">
<interp inst="t18660709-name-156" type="gender" value="female"/>
<interp inst="t18660709-name-156" type="surname" value="STUDWELL"/>
<interp inst="t18660709-name-156" type="given" value="MARY ANN"/>MARY ANN STUDWELL</persName> </hi>. I live at 7, Bedford Row, Clapham Rise—about the end of March I was living at Stamford, in Lincolnshire—I saw an advertisement in the
<hi rend="italic">Daily Telegraph</hi>, came to London, and went to the Cavendish Institution, 14, Mortimer Street, Regent Street, a week after Easter—there were placards in the window referring to various situations—I saw both the defendants—I told Smith I had called respecting an advertisement I had seen in the
<hi rend="italic">Telegraph</hi>—he said that he could refer me to a situation, provided I paid 5
<hi rend="italic">s</hi>.—I paid Smith 5
<hi rend="italic">s</hi>., and Wattez wrote me this receipt produced (
<hi rend="italic">produced</hi>)—he was behind the desk—he then gave me the address of Mrs. Davis, Wigmore Street—I went there, and then went back and told Smith that it was a general servant that was required, and that Mrs. Davis was very annoyed that there were so many always calling—(I had asked them for a situation as assistant in a fancy general business)—he said that Mrs. Davis had misrepresented the place—he then gave me the address of Mrs. Menere—I asked him parti
<lb/>cularly what situation it was—he said it was to stand behind the counter at a fancy baby linen shop—I went there, and it was a wardrobe shop, a dealer in second-hand clothes—I went back again, and saw Smith—I told him it was a very different situation from what I wanted, and that the vacancy had been filled up six weeks ago—he said it was very strange—some days afterwards I went again, and saw Smith—I got the address from him of Mrs. Bouverie, a fancy establishment, Edgware Road—I went there, and it was a dyeing establishment—I went back, and told Smith that they did not require any one—he said that he had nothing more on hand that day—I went again two or three times, and saw Miss Hawkins, but got no situation.</p>
<hi rend="smallCaps">MR. PATER</hi>
<hi rend="italic">here stated that he could not resist the case, and had advised Smith to leave himself in the hands of the Court</hi>.</p>
<hi rend="largeCaps">SMITH</hi>
<hi rend="smallCaps">
<rs id="t18660709-620-verdict-2" type="verdictDescription">
<interp inst="t18660709-620-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18660709-620-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18660709-620-punishment-30" type="punishmentDescription">
<interp inst="t18660709-620-punishment-30" type="punishmentCategory" value="imprison"/>
<interp inst="t18660709-620-punishment-30" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-620-18660709 t18660709-620-punishment-30"/>Confined Two Years</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18660709-621">
<interp inst="t18660709-621" type="uri" value="sessionsPapers/18660709"/>
<interp inst="t18660709-621" type="date" value="18660709"/>
<join result="criminalCharge" id="t18660709-621-charge-1" targOrder="Y" targets="def1-621-18660709 t18660709-621-offence-1 t18660709-621-verdict-1"/>
<persName id="def1-621-18660709" type="defendantName">
<interp inst="def1-621-18660709" type="gender" value="female"/>
<interp inst="def1-621-18660709" type="age" value="33"/>
<interp inst="def1-621-18660709" type="surname" value="ALLEN"/>
<interp inst="def1-621-18660709" type="given" value="ELLEN"/>
<hi rend="largeCaps">ELLEN ALLEN</hi> (33)</persName> was indicted
<rs id="t18660709-621-offence-1" type="offenceDescription">
<interp inst="t18660709-621-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18660709-621-offence-1" type="offenceSubcategory" value="perjury"/> for wilful and corrupt perjury.</rs> </p>
<hi rend="smallCaps">MESSRS. POLAND, LEWIS</hi>,
<hi rend="italic">and</hi>
<hi rend="smallCaps">WILLIAMS</hi>
<hi rend="italic">conducted the Prosecution, and</hi>
<hi rend="smallCaps">MR. METCALFE</hi>
<hi rend="italic">the Defence</hi>.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-158" type="witnessName">
<interp inst="t18660709-name-158" type="gender" value="male"/>
<interp inst="t18660709-name-158" type="surname" value="LEVERETT"/>
<interp inst="t18660709-name-158" type="given" value="FRANCIS"/>FRANCIS LEVERETT</persName> </hi> (Police Sergeant 7 S). I produce a charge-sheet</p>
<xptr type="pageFacsimile" doc="186607090042"/>
<p>signed by the prisoner—she came to the station a moment or two before Mr. Moseley, and I saw her sign it—(
<hi rend="italic">This was the charge-sheet of Albany Street Police-station. The charge was made by Ellen Allen, of Warwick Street, Pimlico, against Alexander Moseley, of</hi> 16,
<hi rend="italic">Sunderland Terrace, Bayswater, for an assault, in a railway carriage, on the said Ellen Allen, with an intent to commit a rape. Charged before J. S. Mansfield, Esq., and discharged</hi>)—she told me she lived at 112, Warwick Street, and I wrote it down in a scrap-book—the charge-sheet is the prisoner's writing—on her making the charge against Mr. Moseley he said, "Good God! what
<hi rend="italic">won't</hi> the woman say?"—she had a large bouquet in her hand, which was not in the least disarranged, nor her bonnet, dress, or hair—his dress was not disarranged in any way.</p>
<hi rend="italic">Cross-examined. Q.</hi> Where is the police-station?
<hi rend="italic">A.</hi> In Little Albany Street, near the Regent's Park—they came from Euston Square Station—Eppin, a railway-constable, and Matthews, the platform-inspector, came with Mrs. Allen.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-159" type="witnessName">
<interp inst="t18660709-name-159" type="gender" value="male"/>
<interp inst="t18660709-name-159" type="surname" value="STANLEY"/>
<interp inst="t18660709-name-159" type="given" value="CHARLES"/>CHARLES STANLEY</persName> </hi>. I am chief usher at Marylebone Police-court—I was present on 13th May, when the prisoner was examined—I administered the oath to her before she was examined.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-160" type="witnessName">
<interp inst="t18660709-name-160" type="gender" value="male"/>
<interp inst="t18660709-name-160" type="surname" value="SHELDON"/>
<interp inst="t18660709-name-160" type="given" value="ANTHONY"/>ANTHONY SHELDON</persName> </hi>. I am a reporter attached to Marylebone Police-court—I was present on 13th May, when the prisoner preferred a charge against Mr. Moseley, and took a short-hand note of her evidence—this (
<hi rend="italic">produced</hi>) is a transcript of it. (
<hi rend="italic">In this the prisoner stated that she lived at</hi> 112,
<hi rend="italic">Warwick Street, Pimlico, and was the wife of a military outfitter; that on the previous day she travelled from Watford to London with Mr. Moseley, who locked the carriage door, and violently dragged her from one side of the carriage to the other, threw her clothes over her head, and otherwise assaulted and ill-used her, and that he was smoking during the whole journey</hi>.)</p>
<hi rend="smallCaps">
<persName id="t18660709-name-161" type="witnessName">
<interp inst="t18660709-name-161" type="gender" value="male"/>
<interp inst="t18660709-name-161" type="surname" value="MOSELEY"/>
<interp inst="t18660709-name-161" type="given" value="ALEXANDER"/>ALEXANDER MOSELEY</persName> </hi>, M. R. C. S. I live at 16, Sunderland Terrace, Paddington, and practise as a surgeon-dentist, in partnership with my father—I am 29 years old, and am married, and have two children—on 29th May I was living at home with my wife and children—I went to Watford that day on business, and returned to the station to meet the six o'clock train—I saw the prisoner on the platform, she asked me if the train which was approaching was the train for London—I said, "Yes"—she asked me if I was going to London—I said, "Yes"—the train drew up at the station—I walked to the first empty second-class compartment and entered it—the prisoner followed me into the carriage—it was the compart
<lb/>ment nearest the engine—she was carrying a large bouquet—she began talk
<lb/>ing about the aspect of the country, and said that she was very fatigued; she had been to Watford to see her children, who were at school there, and had been rambling in the fields—after a short time she alluded to her children again, and said that the youngest was a very fine little fellow, something like she was—I had asked her if she had any objection to smoking before we got to Pinner, and she led me to infer that she rather liked it than not—I then lit a pipe, it was almost immediately we started—I then took a book from my bag, not wishing for conversation of that description, and commenced reading—on the train arriving at Pinner there were a great many people on the platform, and I observed to her, "You have no objection to smoking. As there seem a great many people here, somebody may get in who has, and if you have no objection I will lock the door of the carriage"—I locked the door with a key which I had in my pocket—</p>
<xptr type="pageFacsimile" doc="186607090043"/>
<p>the train stopped at Harrow, Sudbury, and Camden Town, where the tickets were collected, and I unlocked the door either just before or after we got there—we both gave up our tickets, and the train arrived at Euston Square—from Camden Town to Euston Station it takes six minutes—the train was due at London at a quarter to seven, leaving Watford at five minutes to six—I cannot say whether it was late or not—I took up my bag and got out of the carriage first, and was proceeding along the platform, when a railway inspector came up to me and said that a lady desired to speak to me—I went back to where the prisoner was; she accused me of having grossly insulted her and asked me for my card, I refused to give it to her and denied the charge—she said that she must have my card, or she would give me in charge for haying insulted her—I was asked my name, and I gave the name of Jackson—I then asked to be taken to the police-station and to have the case thoroughly investigated before a magistrate—several railway officers accompanied me to the station with the prisoner—I gave my correct name and address at the station—the charge was entered against me, and I was locked up that night and taken before a magistrate next morning—I took no indecent liberty with the prisoner during that railway journey, nor did I attempt to throw her on her back on the seat of the carriage—I did not pull her about, or throw her clothes over her head, or touch her, or commit any act; nor did I expose myself in any way, or use any indecent language—she had her bouquet on the platform, and at the station too; it was not injured in the least, nor were her clothes or her bonnet in any way rumpled or injured—her hair was not disturbed that I observed—my dress was in the ordinary way—she was a perfect stranger to me—the matter was investigated next day, Wednesday, at the police-court, and I was discharged—on the following day I applied for a summons, and she was arrested on a warrant.</p>
<hi rend="italic">Cross-examined. Q.</hi> You describe yourself as a surgeon?
<hi rend="italic">A.</hi> Yes. I am a M. R C. S.—I practise, in partnership with my father and brother, at 19, Grosvenor Street, Grosvenor Square, also at Watford, Hertfordshire, Bedfordshire, and all through the counties—we have certain days of attendance—we advertise—I have never given the name of Jackson before—I did so on the spur of the moment to the railway porters and Mrs. Allen—they were all standing together—I do not know whether the prisoner was told that she had better give me in charge, but I insisted upon being taken.</p>
<hi rend="italic">Q.</hi> Were you the first person to say, "We must go to the station?"
<hi rend="italic">A.</hi> I believe the policemen advised her to go to the station—she wanted my card, I refused to give it, and insisted on going to the station—it was not till I got to the station that I gave my name—the flowers were not pieces of may plucked in the fields, they were roses and other things—it was a bunch of flowers cut at random, not a nosegay made up—our conversation was merely as to the aspect of the country, and I asked her if I might smoke and lock the door—she asked me at Camden Town if the tickets were collected there, and I said, "Yes"—I said nothing about my wife being about to be confined—she has not been confined recently, it is 12 or 13 months back—I did not show the book or the railway key to anybody—I do not know who gave up the railway tickets—she was sitting immediately opposite me by the door, so I imagine she gave her own ticket—I seated myself at the opposite extremity, and when she got into the carriage she seated herself immediately opposite me—the conversation was not so dis
<lb/>agreeable as to make me wish to remove—when I moved to lock the door,</p>
<xptr type="pageFacsimile" doc="186607090044"/>
<p>I moved back again, because the platform where we got in is not on the same line as where we got out—but they had the other stations to stop at on the side on which I was sitting—nobody came into the train—I was still smoking at Camden Town—I fancy I finished my pipe there, and unlocked the door—it was just before or just after—I make an invariable rule to get into an empty carriage, for the purpose of smoking—I noticed that the first compartment was empty, and walked in without taking notice of the others—I got out before the train stopped, and had got some distance on the platform before I was stopped—I think I was very near the engine—I had walked some yards, certainly—I was walking fast.</p>
<hi rend="smallCaps">MR. POLAND</hi>.
<hi rend="italic">Q.</hi> How long have you had a key?
<hi rend="italic">A.</hi> Four or five years at least, and I have invariably locked the doors—it is the practice with many dentists to go to different towns to see patients on different days—from the Euston Station to get to my house I have to go to the Gower Street Station.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-162" type="witnessName">
<interp inst="t18660709-name-162" type="gender" value="male"/>
<interp inst="t18660709-name-162" type="surname" value="COPPING"/>
<interp inst="t18660709-name-162" type="given" value="NIGEL"/>NIGEL COPPING</persName> </hi>. I am a sergeant of the detective department of the London and North-Western Railway—I was called to the place where Mr. Moseley was standing near the prisoner—she said that after the train left Bushey Station he had grossly and most indecently insulted her—he said that it was all false—after some further conversation, I said, "We had better go to the police-station"—we had some further conver
<lb/>sation, and I said that the case had better be investigated before a magistrate—I particularly noticed her bonnet and dress; they were not the least disarranged or injured, and it was a frail, delicate bonnet—it had long white strings—they were not crumpled—her hair was not in the least disarranged—she had a bouquet in her hand, which presented no appearance of injury—Mr. Moseley's dress was not disarranged—the prisoner was excited, but her clothes did not present the appearance of having been in a struggle in the slightest degree.</p>
<hi rend="italic">Cross-examined. Q.</hi> I understand you were the first to propose going to the station?
<hi rend="italic">A.</hi> Yes; I felt it my duty to take them there, whether they liked it or not—she went on to state that after the tickets were collected at the Camden Station Mr. Moseley got hold of her legs, threw her from one side of the carriage to the other, exposed his person, and did everything he could to effect his purpose—he said that it was absolutely false.</p>
<hi rend="smallCaps">
<persName id="t18660709-name-163" type="witnessName">
<interp inst="t18660709-name-163" type="gender" value="male"/>
<interp inst="t18660709-name-163" type