<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<div1 type="frontMatter" id="f18670107">
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<p>Sessions Paper.</p>
<persName id="t18670107-name-1" type="judiciaryName">
<interp inst="t18670107-name-1" type="gender" value="male"/>
<interp inst="t18670107-name-1" type="surname" value="BUCKLER"/>
<interp inst="t18670107-name-1" type="given" value="ALEXANDER"/>ALEXANDER BUCKLER</persName>,</p>
<p>Short-hand Writers to the Court,</p>
<persName id="t18670107-name-2" type="judiciaryName">
<interp inst="t18670107-name-2" type="gender" value="male"/>
<interp inst="t18670107-name-2" type="surname" value="LANE"/>
<interp inst="t18670107-name-2" type="given" value="CHANCERY"/>CHANCERY LANE</persName>.</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, January 7th, 1867, and following days,</p>
<hi rend="smallCaps">BEFORE THE RIGHT HON</hi>.
<hi rend="largeCaps">
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<interp inst="t18670107-name-3" type="gender" value="male"/>
<interp inst="t18670107-name-3" type="surname" value="GAVBRIEL"/>
<interp inst="t18670107-name-3" type="given" value="THOMAS"/>
<interp inst="t18670107-name-3" type="occupation" value="Lord mayor of the City of London"/>THOMAS GARRIEL</persName>, LORD MAYOR</hi> of the City of London; Sir
<hi rend="smallCaps">
<persName id="t18670107-name-4" type="judiciaryName">
<interp inst="t18670107-name-4" type="gender" value="male"/>
<interp inst="t18670107-name-4" type="surname" value="SHEE"/>
<interp inst="t18670107-name-4" type="given" value="WILLIAM"/>WILLIAM SHEE</persName> </hi>, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir
<hi rend="smallCaps">
<persName id="t18670107-name-5" type="judiciaryName">
<interp inst="t18670107-name-5" type="gender" value="male"/>
<interp inst="t18670107-name-5" type="surname" value="LUSH"/>
<interp inst="t18670107-name-5" type="given" value="ROBERT"/>ROBERT LUSH</persName> </hi>, Knt., one other of the Justices of the Court of Queen's Bench;
<hi rend="smallCaps">
<persName id="t18670107-name-6" type="judiciaryName">
<interp inst="t18670107-name-6" type="gender" value="male"/>
<interp inst="t18670107-name-6" type="surname" value="SIDNEY"/>
<interp inst="t18670107-name-6" type="given" value="THOMAS"/>THOMAS SIDNEY</persName> </hi>, Esq., and Sir
<hi rend="smallCaps">
<persName id="t18670107-name-7" type="judiciaryName">
<interp inst="t18670107-name-7" type="gender" value="male"/>
<interp inst="t18670107-name-7" type="surname" value="CARDEN"/>
<interp inst="t18670107-name-7" type="given" value="ROBERT WALTER"/>ROBERT WALTER CARDEN</persName> </hi>, Knt., Aldermen of the said City; The Right Hon.
<hi rend="smallCaps">
<persName id="t18670107-name-8" type="judiciaryName">
<interp inst="t18670107-name-8" type="gender" value="male"/>
<interp inst="t18670107-name-8" type="surname" value="GURNEY"/>
<interp inst="t18670107-name-8" type="given" value="RUSSELL"/>RUSSELL GURNEY</persName> </hi>, Q.C., M.P., Recorder of the said City;
<hi rend="smallCaps">
<persName id="t18670107-name-9" type="judiciaryName">
<interp inst="t18670107-name-9" type="gender" value="male"/>
<interp inst="t18670107-name-9" type="surname" value="DAKIN"/>
<interp inst="t18670107-name-9" type="given" value="THOMAS"/>THOMAS DAKIN</persName> </hi>, Esq.,
<persName id="t18670107-name-10" type="judiciaryName">
<interp inst="t18670107-name-10" type="gender" value="male"/>
<interp inst="t18670107-name-10" type="surname" value="GIBBONS"/>
<interp inst="t18670107-name-10" type="given" value="SILLS JOHN"/>
<hi rend="smallCaps">SILLS JOHN GIBBONS</hi> </persName>, Esq.,
<hi rend="smallCaps">
<persName id="t18670107-name-11" type="judiciaryName">
<interp inst="t18670107-name-11" type="gender" value="male"/>
<interp inst="t18670107-name-11" type="surname" value="LUSK"/>
<interp inst="t18670107-name-11" type="given" value="ANDREW"/>ANDREW LUSK</persName> </hi>, M.P., Esq.,
<hi rend="smallCaps">
<persName id="t18670107-name-12" type="judiciaryName">
<interp inst="t18670107-name-12" type="gender" value="male"/>
<interp inst="t18670107-name-12" type="surname" value="STONE"/>
<interp inst="t18670107-name-12" type="given" value="DAVID"/>DAVID STONE</persName> </hi>, Esq., and
<hi rend="smallCaps">
<persName id="t18670107-name-13" type="judiciaryName">
<interp inst="t18670107-name-13" type="gender" value="male"/>
<interp inst="t18670107-name-13" type="surname" value="COTTON"/>
<interp inst="t18670107-name-13" type="given" value="WILLIAM JAMES RICHMOND"/>WILLIAM JAMES RICHMOND COTTON</persName> </hi>, Esq., Aldermen of the said City; and
<hi rend="smallCaps">
<persName id="t18670107-name-14" type="judiciaryName">
<interp inst="t18670107-name-14" type="gender" value="male"/>
<interp inst="t18670107-name-14" type="surname" value="CHAMBERS"/>
<interp inst="t18670107-name-14" type="given" value="THOMAS"/>THOMAS CHAMBERS</persName> </hi>, Esq., Q.C., M.P., Common Serjeant of the said City; Her Majesty's Justices of Oyer and Terminer and General Gaol delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.</p>
<hi rend="smallCaps">
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<interp inst="t18670107-name-15" type="gender" value="male"/>
<interp inst="t18670107-name-15" type="surname" value="WATERLOW"/>
<interp inst="t18670107-name-15" type="given" value="SYDNEY HEDLEY"/>SYDNEY HEDLEY WATERLOW</persName> </hi> Esq., Alderman</p>
<hi rend="smallCaps">
<persName id="t18670107-name-16" type="judiciaryName">
<interp inst="t18670107-name-16" type="gender" value="male"/>
<interp inst="t18670107-name-16" type="surname" value="LYCETT"/>
<interp inst="t18670107-name-16" type="given" value="FRANCIS"/>FRANCIS LYCETT</persName> </hi>, Esq.</p>
<hi rend="italic">Sheriffs.</hi> </p>
<hi rend="smallCaps">
<persName id="t18670107-name-17" type="judiciaryName">
<interp inst="t18670107-name-17" type="gender" value="male"/>
<interp inst="t18670107-name-17" type="surname" value="CROSLEY"/>
<interp inst="t18670107-name-17" type="given" value="ALEXANDER"/>ALEXANDER CROSLEY</persName> </hi>, Esq.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-18" type="judiciaryName">
<interp inst="t18670107-name-18" type="gender" value="male"/>
<interp inst="t18670107-name-18" type="surname" value="JERSEY"/>
<interp inst="t18670107-name-18" type="given" value="HENRY DE"/>HENRY DE JERSEY</persName> </hi>, Esq.</p>
<hi rend="italic">Under-Sheriffs.</hi> </p>
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<hi rend="largeCaps">CENTEAL CRIMINAL COURT</hi>.</p>
<hi rend="largeCaps">GABRIEL, MAYOR. THIRD SESSION</hi>.</p>
<hi rend="italic">A star</hi> (*)
<hi rend="italic">denotes that prisoners have been previously in custody—two stars</hi> (**)
<hi rend="italic">that they have been more than once in custody—an obelisk</hi> (†)
<hi rend="italic">that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.</hi> </p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Monday, January</hi> 7
<hi rend="italic">th</hi>, 1867.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
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<interp inst="def1-147-18670107" type="age" value="31"/>
<interp inst="def1-147-18670107" type="surname" value="STEVENS"/>
<interp inst="def1-147-18670107" type="given" value="FRANCIS WILLIAM"/>
<hi rend="largeCaps">FRANCIS WILLIAM STEVENS</hi> (31)</persName>
<hi rend="smallCaps">
<rs id="t18670107-147-verdict-1" type="verdictDescription">
<interp inst="t18670107-147-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18670107-147-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18670107-147-offence-1" type="offenceDescription">
<interp inst="t18670107-147-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18670107-147-offence-1" type="offenceSubcategory" value="forgery"/> to feloniously endeavouring, to receive 10
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. by delivering a forged in
<lb/>voice, with intent to defraud. His deficiencies were stated to amount to 1000
<hi rend="italic">l</hi>. In twelve months. </rs>
<hi rend="italic"> He received a good character.—
<rs id="t18670107-147-punishment-1" type="punishmentDescription">
<interp inst="t18670107-147-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t18670107-147-punishment-1" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-147-18670107 t18670107-147-punishment-1"/>Six Years' Penal Servitude.</rs> </hi> </p> </div1>
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<hi rend="largeCaps">JAMES GARRETT YATES</hi> (40)</persName>
<rs id="t18670107-148-offence-1" type="offenceDescription">
<interp inst="t18670107-148-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18670107-148-offence-1" type="offenceSubcategory" value="embezzlement"/>, to three indict
<lb/>ments for embezzling various sums amounting to 250
<hi rend="italic">l</hi> </rs>. The prisoner's deficiencies were stated to amount to between 700
<hi rend="italic">l</hi>. and 1000
<hi rend="italic">l</hi>.—
<rs id="t18670107-148-punishment-2" type="punishmentDescription">
<interp inst="t18670107-148-punishment-2" type="punishmentCategory" value="imprison"/>
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<join result="defendantPunishment" targOrder="Y" targets="def1-148-18670107 t18670107-148-punishment-2"/>
<hi rend="italic">Five Years' Penal Servitude.</hi> </rs>
<rs id="t18670107-148-verdict-1" type="verdictDescription">
<interp inst="t18670107-148-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18670107-148-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
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<persName id="def1-149-18670107" type="defendantName">
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<interp inst="def1-149-18670107" type="surname" value="WOODS"/>
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<hi rend="largeCaps">SAMUEL WOODS</hi> (25)</persName>
<rs id="t18670107-149-offence-1" type="offenceDescription">
<interp inst="t18670107-149-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18670107-149-offence-1" type="offenceSubcategory" value="forgery"/>, to six indictments for feloniously forging and uttering requests for the delivery of goods.—</rs>
<rs id="t18670107-149-punishment-3" type="punishmentDescription">
<interp inst="t18670107-149-punishment-3" type="punishmentCategory" value="imprison"/>
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<join result="defendantPunishment" targOrder="Y" targets="def1-149-18670107 t18670107-149-punishment-3"/>
<hi rend="italic">Confined Eighteen Months.</hi> </rs>
<rs id="t18670107-149-verdict-1" type="verdictDescription">
<interp inst="t18670107-149-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18670107-149-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
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<persName id="def1-150-18670107" type="defendantName">
<interp inst="def1-150-18670107" type="gender" value="male"/>
<interp inst="def1-150-18670107" type="age" value="33"/>
<interp inst="def1-150-18670107" type="surname" value="WISLER"/>
<interp inst="def1-150-18670107" type="given" value="THEODORE"/>
<hi rend="largeCaps">THEODORE WISLER</hi> (33)</persName>
<rs id="t18670107-150-offence-1" type="offenceDescription">
<interp inst="t18670107-150-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18670107-150-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, to stealing four dozen pieces of sealskin of
<persName id="t18670107-name-23" type="victimName">
<interp inst="t18670107-name-23" type="gender" value="male"/>
<interp inst="t18670107-name-23" type="surname" value="LOEHL"/>
<interp inst="t18670107-name-23" type="given" value="JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t18670107-150-offence-1 t18670107-name-23"/>Joseph Loehl</persName> and another, his masters. </rs>
<hi rend="italic">He received a good character.—
<rs id="t18670107-150-punishment-4" type="punishmentDescription">
<interp inst="t18670107-150-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18670107-150-punishment-4" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-150-18670107 t18670107-150-punishment-4"/>Confined Nine Months</rs>.</hi>
<rs id="t18670107-150-verdict-1" type="verdictDescription">
<interp inst="t18670107-150-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18670107-150-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
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<persName id="def1-151-18670107" type="defendantName">
<interp inst="def1-151-18670107" type="gender" value="male"/>
<interp inst="def1-151-18670107" type="age" value="14"/>
<interp inst="def1-151-18670107" type="surname" value="BROWN"/>
<interp inst="def1-151-18670107" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES BROWN</hi> (14)</persName>
<rs id="t18670107-151-offence-1" type="offenceDescription">
<interp inst="t18670107-151-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18670107-151-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, to stealing a board and pieces of canvas of
<persName id="t18670107-name-25" type="victimName">
<interp inst="t18670107-name-25" type="gender" value="male"/>
<interp inst="t18670107-name-25" type="surname" value="COOK"/>
<interp inst="t18670107-name-25" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18670107-151-offence-1 t18670107-name-25"/>William Cook</persName> and others.—</rs>
<rs id="t18670107-151-verdict-1" type="verdictDescription">
<interp inst="t18670107-151-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18670107-151-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> </rs>
<rs id="t18670107-151-punishment-5" type="punishmentDescription">
<interp inst="t18670107-151-punishment-5" type="punishmentCategory" value="noPunish"/>
<interp inst="t18670107-151-punishment-5" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-151-18670107 t18670107-151-punishment-5"/>
<hi rend="italic">Judgment respited.</hi> </rs> And,</p> </div1>
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<persName id="def1-152-18670107" type="defendantName">
<interp inst="def1-152-18670107" type="gender" value="male"/>
<interp inst="def1-152-18670107" type="age" value="21"/>
<interp inst="def1-152-18670107" type="surname" value="FORD"/>
<interp inst="def1-152-18670107" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK FORD</hi> (21)</persName>
<rs id="t18670107-152-offence-1" type="offenceDescription">
<interp inst="t18670107-152-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18670107-152-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, to stealing a basket and sixty pounds of sausages of
<persName id="t18670107-name-27" type="victimName">
<interp inst="t18670107-name-27" type="gender" value="male"/>
<interp inst="t18670107-name-27" type="surname" value="HODGES"/>
<interp inst="t18670107-name-27" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18670107-152-offence-1 t18670107-name-27"/>William Hodges</persName>, having been previously convicted.**—</rs>
<rs id="t18670107-152-punishment-6" type="punishmentDescription">
<interp inst="t18670107-152-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18670107-152-punishment-6" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-152-18670107 t18670107-152-punishment-6"/>
<hi rend="italic">Seven Years' Penal Servitude.</hi> </rs> </p> </div1>
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<interp inst="def1-153-18670107" type="gender" value="male"/>
<interp inst="def1-153-18670107" type="age" value="26"/>
<interp inst="def1-153-18670107" type="surname" value="WILLIAMS"/>
<interp inst="def1-153-18670107" type="given" value="DAVID"/>
<hi rend="largeCaps">DAVID WILLIAMS</hi> (26)</persName> was indicted
<rs id="t18670107-153-offence-1" type="offenceDescription">
<interp inst="t18670107-153-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18670107-153-offence-1" type="offenceSubcategory" value="burglary"/> for a burglary in the dwellinghouse of
<persName id="t18670107-name-29" type="victimName">
<interp inst="t18670107-name-29" type="gender" value="male"/>
<interp inst="t18670107-name-29" type="surname" value="WORSLEY"/>
<interp inst="t18670107-name-29" type="given" value="FREDERICK CALEB"/>
<join result="offenceVictim" targOrder="Y" targets="t18670107-153-offence-1 t18670107-name-29"/>Frederick Caleb Worsley</persName>, with intent to steal.</rs> </p>
<hi rend="smallCaps">
<persName id="t18670107-name-30" type="witnessName">
<interp inst="t18670107-name-30" type="gender" value="female"/>
<interp inst="t18670107-name-30" type="surname" value="MURPHY"/>
<interp inst="t18670107-name-30" type="given" value="ELLEN"/>ELLEN MURPHY</persName> </hi>. I am housemaid to Mr. Frederick Worsley, of 38A, St. George's Road—on the morning of 28th December, at past twelve, I was awoke by the police—I had heard a noise outside my bedroom door on the landing, and footsteps go downstairs—I went downstairs with the, police, and was present when the prisoner was found concealed up the kitchen chimney, he was pulled down by the police—the attic window was closed when I went to bed—I could not say it was fastened.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-31" type="witnessName">
<interp inst="t18670107-name-31" type="gender" value="male"/>
<interp inst="t18670107-name-31" type="surname" value="COMPTON"/>
<interp inst="t18670107-name-31" type="given" value="MATTHEW"/>MATTHEW COMPTON</persName> </hi> (
<hi rend="italic">Policeman B</hi> 133). On the night in question I,</p>
<xptr type="pageFacsimile" doc="186701070004"/>
<p>was on duty in the neighbourhood of St. George's Road—in consequence of information, I went to the top of a house, got out of the attic window, and traced marks to the attic window of 38A, which was open—I awoke the servant, called in a sergeant, and searched the house, and found the prisoner up the kitchen chimney, he had got up some little distance, his feet were hanging down; it took three of us to pull him down—when we got him down he pretended to be tipsy, but he was not.</p>
<hi rend="italic">Prisoner.</hi> I was out of work and starving; all I wanted was to get into custody, not to rob the place. I did not break into the place.</p>
<hi rend="smallCaps">
<rs id="t18670107-153-verdict-1" type="verdictDescription">
<interp inst="t18670107-153-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18670107-153-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.*—
<hi rend="italic">
<rs id="t18670107-153-punishment-7" type="punishmentDescription">
<interp inst="t18670107-153-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18670107-153-punishment-7" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-153-18670107 t18670107-153-punishment-7"/>Confined Eighteen Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18670107-154">
<interp inst="t18670107-154" type="uri" value="sessionsPapers/18670107"/>
<interp inst="t18670107-154" type="date" value="18670107"/>
<join result="criminalCharge" id="t18670107-154-charge-1" targOrder="Y" targets="def1-154-18670107 t18670107-154-offence-1 t18670107-154-verdict-1"/>
<persName id="def1-154-18670107" type="defendantName">
<interp inst="def1-154-18670107" type="gender" value="male"/>
<interp inst="def1-154-18670107" type="age" value="22"/>
<interp inst="def1-154-18670107" type="surname" value="STANLEY"/>
<interp inst="def1-154-18670107" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE STANLEY</hi> (22)</persName>
<rs id="t18670107-154-offence-1" type="offenceDescription">
<interp inst="t18670107-154-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18670107-154-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery with violence on
<persName id="t18670107-name-33" type="victimName">
<interp inst="t18670107-name-33" type="gender" value="male"/>
<interp inst="t18670107-name-33" type="surname" value="WACKETT"/>
<interp inst="t18670107-name-33" type="given" value="JOHN"/>
<interp inst="t18670107-name-33" type="occupation" value="fishmonger"/>
<join result="offenceVictim" targOrder="Y" targets="t18670107-154-offence-1 t18670107-name-33"/>John Wackett</persName>, and stealing 6
<hi rend="italic">s</hi>., his moneys.</rs> </p>
<hi rend="smallCaps">MR. GRAIN</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="t18670107-name-34" type="witnessName">
<interp inst="t18670107-name-34" type="gender" value="male"/>
<interp inst="t18670107-name-34" type="surname" value="WACKETT"/>
<interp inst="t18670107-name-34" type="given" value="JOHN"/>JJOHN WACKETT</persName> </hi>. I am a fishmonger at Hatfield—on Wednesday night, 26th December (Boxing night), I was in a public-house in Holborn—I saw the prisoner and a man named Quick there—I betted a half-sovereign about playing the tattoo on the table with my fingers—I handed the half-sovereign to Quick, and he said I had lost and gave it to the prisoner—I said the bet was not decided fairly—he said, "Oh! come along with me; it is only a joke, I will give you your half-sovereign back"—I went out with him, he took me into some alley and passed his hand round my neck, threw me down, and put his hand into my right trousers pocket—I got up and hallooed "Police!" as well as I could, and as I was running to the top of the alley another one ran out and kicked me at the bottom of the belly, I did not stop to examine him, but kept on till I found a police-man—I missed 5
<hi rend="italic">s</hi>. or 6
<hi rend="italic">s</hi>. from my right trousers pocket; I could not say it was Quick who kicked me.</p>
<hi rend="italic">Cross-examined. Q.</hi> Had you been drinking?
<hi rend="italic">A.</hi> Yes, a little, I was not drunk, I might have had a dozen glasses of ale or beer, I had no liquor—I did not know the prisoner or Quick before—the tattoo is a tune that soldiers play—I had been ten years in the Herts military band—Quick was discharged by the Magistrate—I had five sovereigns in my waistcoat pocket—I might have taken them out when I put down the half-sovereign; the silver was in my trousers pocket, I had it safe in the public-house—the prisoner walked with me across the road to the alley, it was right opposite the public-house in Holborn, it was a dark place—the prisoner was taken into custody not above half an hour afterwards, I went with the policeman to several public-houses to find him—Quick was with him.</p>
<hi rend="smallCaps">MR. GRAIN</hi>.
<hi rend="italic">Q.</hi> When you went out of the public-house, did the prisoner remain with you the whole time?
<hi rend="italic">A.</hi> Yes, he was on my right hand, close to me, I had not been out of the house many minutes before it was done.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-35" type="witnessName">
<interp inst="t18670107-name-35" type="gender" value="male"/>
<interp inst="t18670107-name-35" type="surname" value="CARTER"/>
<interp inst="t18670107-name-35" type="given" value="FREDERICK"/>FREDERICK CARTER</persName> </hi> (
<hi rend="italic">City Police Sergeant</hi> 37). I saw the prosecutor in Fetter Lane about three o'clock on the morning of the 27th December—he told me he had been robbed—I went with him to Farringdon Street—he pointed out the prisoner and Quick standing outside a public-house along with about a dozen others, waiting to get in—he said they were the two men that had robbed him—I took them into custody—I found on the prisoner a half-sovereign, a half-crown, 6
<hi rend="italic">d</hi>. and a halfpenny—he refused his address at first, but afterwards gave the address of his mother.</p>
<hi rend="italic">Cross-examined. Q.</hi> How far was the prisoner from where you first saw</p>
<xptr type="pageFacsimile" doc="186701070005"/>
<p>the prosecutor?
<hi rend="italic">A.</hi> Nearly a quarter of a mile—the prosecutor had been drinking, but knew very well what he was doing—he said there were four men—he charged the prisoner and Quick with stealing money, he could not say exactly the sum, about 5
<hi rend="italic">s</hi>. or 6
<hi rend="italic">s</hi>. in silver—he said at the station there was a half-crown amongst it—that was after it had been taken from the prisoner—I was with the prosecutor twenty minutes or half an hoar before he found the prisoner.</p>
<hi rend="smallCaps">
<rs id="t18670107-154-verdict-1" type="verdictDescription">
<interp inst="t18670107-154-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18670107-154-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18670107-155">
<interp inst="t18670107-155" type="uri" value="sessionsPapers/18670107"/>
<interp inst="t18670107-155" type="date" value="18670107"/>
<join result="criminalCharge" id="t18670107-155-charge-1" targOrder="Y" targets="def1-155-18670107 t18670107-155-offence-1 t18670107-155-verdict-1"/>
<persName id="def1-155-18670107" type="defendantName">
<interp inst="def1-155-18670107" type="gender" value="male"/>
<interp inst="def1-155-18670107" type="age" value="37"/>
<interp inst="def1-155-18670107" type="surname" value="ABRAHAMS"/>
<interp inst="def1-155-18670107" type="given" value="LAWRENCE"/>
<hi rend="largeCaps">LAWRENCE ABRAHAMS</hi> (37)</persName>
<rs id="t18670107-155-offence-1" type="offenceDescription">
<interp inst="t18670107-155-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18670107-155-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery with two others on
<persName id="t18670107-name-37" type="victimName">
<interp inst="t18670107-name-37" type="gender" value="male"/>
<interp inst="t18670107-name-37" type="surname" value="WATSON"/>
<interp inst="t18670107-name-37" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18670107-155-offence-1 t18670107-name-37"/>James Watson</persName>, and stealing 5
<hi rend="italic">l</hi>. and a purse, his property.</rs> </p>
<hi rend="smallCaps">MR. CARTER</hi>
<hi rend="italic">conducted the Prosecution</hi>, and
<hi rend="smallCaps">MR. OPPENHEIM</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18670107-name-38" type="witnessName">
<interp inst="t18670107-name-38" type="gender" value="female"/>
<interp inst="t18670107-name-38" type="surname" value="MOSS"/>
<interp inst="t18670107-name-38" type="given" value="ELIZABETH"/>ELIZABETH MOSS</persName> </hi>. I reside at 7, John's Place, Stepney, and am an unfortunate woman—on the night of the 27th December, about half-past twelve, I was going into the Clyde public-house to have some beer—I saw the prisoner there, as I looked in at the door he took hold of my nose and twisted it—there were two more persons behind him, and the prosecutor was standing by the side of them—he came out first, and they followed him to the watering-place—the prosecutor said, "I am too artful for you,"—they shoved him into the watering-place—they stood there about two minutes, and came out again—there were four of them and a little boy—when they came out the prisoner said to the prosecutor, "We will see you home," and they got him into Nelson Street, on the left-hand side—I followed them—they put Mr. Watson on his back, and the prisoner knelt on his chest while the other two robbed him and got away—I saw their hands about his person—I was there because I wanted to give the prisoner in charge for twisting my nose—he stopped there till the two men got away, and then he went—I followed him, and when he got outside Nelson Street I held him by the tail of his coat and hallooed out, "Policeman," and a policeman came and took him back to the prosecutor.</p>
<hi rend="italic">Cross-examined. Q.</hi> Had you ever seen either of them before?
<hi rend="italic">A.</hi> No—I did not speak to the prisoner about pulling my nose before they followed the prosecutor down Nelson Street—I saw the prosecutor thrown down by the prisoner—I was close to them—I stood there all the time because I could not see a policeman—when the prisoner followed the other men I followed him—I had not hold of the tail of his coat three minutes when a constable came up—I think I told him about pulling my nose, but not before I said he had robbed the prosecutor—there was some gentleman who saw them go into the watering-place—I did not see any one while I had hold of the prisoner's coat—I was not speaking to any gentleman when they were in the watering-place.</p>
<hi rend="smallCaps">MR. CARTER</hi>.
<hi rend="italic">Q.</hi> From the time the prisoner was kneeling on the prosecutor to the time the policeman came up, did you lose sight of him?
<hi rend="italic">A.</hi> No.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-39" type="witnessName">
<interp inst="t18670107-name-39" type="gender" value="male"/>
<interp inst="t18670107-name-39" type="surname" value="WATSON"/>
<interp inst="t18670107-name-39" type="given" value="JAMES"/>JAMES WATSON</persName> </hi>. I live at No. 14, Alma Road—I went to the Clyde public-house on the 21st December, about three o'clock in the afternoon—I went to receive some money in Richard Street opposite—I had been backwards and forwards before that, but when I went at three I stopped there—I came out to make water—I then had five sovereigns and two half-sovereigns in a purse, and some loose silver in my pocket—I know the prisoner—I had been several times with him in the afternoon—he had seen me come to fetch some drink for some friends—that was about twelve minutes or a quarter past twelve—he was in front of the bar, and he followed me out to the watering-place with two other men—I saw one of</p>
<xptr type="pageFacsimile" doc="186701070006"/>
<p>them last night—they took me from there into Nelson Street, and then threw me down and got the purse out of my pocket—the person I saw last night was the person who took the purse from my pocket while I was on the ground—I took hold of the purse and got it away, and they bent my thumb back and got it back again—the whole of the money was taken away, and the pocket hung loose—in the afternoon I had taken a sovereign out and changed it, and they gave me half a sovereign out—I had 7
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>. in my pocket at first in the afternoon—they kept me on the ground several minutes, and I screamed "Murder" and "Police" as well as I was able—I cannot say I saw anything further until I saw the prisoner in custody—I was bruised about by the struggle—a policeman came up to me in Nelson Street and took me to the station-house, and there I found the prisoner.</p>
<hi rend="italic">Cross-examined. Q.</hi> When you first went to the Clyde, at three o'clock, did you have anything to drink?
<hi rend="italic">A.</hi> Not in the front of the bar, I went with a bottle to fetch a drop—one of the persons who was with the prisoner asked me to stand a pint of beer, and asked where I was going—I said to Limehouse, and they said they wanted to go there too—I said I could not tell what time I might go—we had about six half-pints of gin between five and six of us, not with the prisoner and the two men, they had no spirits with me—I drank several pots of beer with them—they said they had nothing to do, and asked me to give them a trifle for lodging, and I gave them 6
<hi rend="italic">d</hi>. each—when I left the house to go to the urinal I was not to say tipsy—I knew what I was doing—I could drive my horse and van home—I was not to say sober—I could walk up the street, but the pri
<lb/>soner and the two others took me up the street almost by main force—the prisoner knelt on me, and the man I saw last night took my purse, and the other held my legs—when they ran away they left me on the ground—I got up as soon as I could—I don't believe the policeman found me on the ground—I had two half-sovereigns and 4
<hi rend="italic">s</hi>. in my pocket when I got to the station.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-40" type="witnessName">
<interp inst="t18670107-name-40" type="gender" value="male"/>
<interp inst="t18670107-name-40" type="surname" value="VENABLES"/>
<interp inst="t18670107-name-40" type="given" value="THOMAS"/>THOMAS VENABLES</persName> </hi> (
<hi rend="italic">Policeman</hi> 141
<hi rend="italic">K</hi>). On the morning of the 21st December, between twelve and one, I was on duty in Nelson Street, Commercial Road, within about sixty yards of the Clyde public-house—I heard a cry of "Police" and "Murder"—I ran up Nelson Street and saw the prosecutor lying on the pavement on his back—I saw the witness Moss running after the prisoner—I followed and took him back—I found the prosecutor in about the same spot where I had left him—he said the prisoner was one of the three that had robbed him—I took him to the Clyde, and asked the barman in his presence if the prisoner had been there with the prosecutor—he said yes, he had, and the pri
<lb/>soner said, "I have been here these two or three hours"—the prose
<lb/>cutor's pocket was hanging out, torn from his trousers—he had two half-sovereigns and 4
<hi rend="italic">s</hi>. about him, and a florin I found on the ground close to where he was lying.</p>
<hi rend="italic">Cross-examined. Q.</hi> When you came up to the woman was she holding the prisoner?
<hi rend="italic">A.</hi> I believe she was, she was close to him, saying, "I shall not leave you till such time as the policeman comes," and as soon as she saw me she hallooed" Police," and said, "This is one of the three that knocked the man down, you will find him lying round the street"—she said that before I asked any question—she did not say anything at that time about his having pulled her nose, she did just afterwards—she went with me back to where the prosecutor was lying—a man came out of a</p>
<xptr type="pageFacsimile" doc="186701070007"/>
<p>house close by in his drawers, and he said, "That is not the man that robbed him; a shorter man, a pock-marked man, was the man that robbed him"—the prosecutor was very drank—he was taken to the station by another constable—he could walk—he did not say he did not wish to charge the prisoner—he said at first he knew him, and then he said he was one of the men that robbed him—he got up of his own accord.</p>
<hi rend="smallCaps">
<rs id="t18670107-155-verdict-1" type="verdictDescription">
<interp inst="t18670107-155-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18670107-155-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18670107-155-punishment-8" type="punishmentDescription">
<interp inst="t18670107-155-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18670107-155-punishment-8" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-155-18670107 t18670107-155-punishment-8"/>Confined Twelve Months</rs>.</hi> The Court ordered a reward of 40
<hi rend="italic">s</hi>. to the witness Moss.</p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, January</hi> 7
<hi rend="italic">th</hi>, 1867.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18670107-156">
<interp inst="t18670107-156" type="uri" value="sessionsPapers/18670107"/>
<interp inst="t18670107-156" type="date" value="18670107"/>
<join result="criminalCharge" id="t18670107-156-charge-1" targOrder="Y" targets="def1-156-18670107 t18670107-156-offence-1 t18670107-156-verdict-1"/>
<persName id="def1-156-18670107" type="defendantName">
<interp inst="def1-156-18670107" type="gender" value="male"/>
<interp inst="def1-156-18670107" type="age" value="34"/>
<interp inst="def1-156-18670107" type="surname" value="WILLIAMS"/>
<interp inst="def1-156-18670107" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN WILLIAMS</hi> (34)</persName>
<hi rend="smallCaps">
<rs id="t18670107-156-verdict-1" type="verdictDescription">
<interp inst="t18670107-156-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18670107-156-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18670107-156-offence-1" type="offenceDescription">
<interp inst="t18670107-156-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18670107-156-offence-1" type="offenceSubcategory" value="coiningOffences"/> to unlawfully utter
<lb/>ing counterfeit coin. </rs>
<hi rend="italic">
<rs id="t18670107-156-punishment-9" type="punishmentDescription">
<interp inst="t18670107-156-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18670107-156-punishment-9" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-156-18670107 t18670107-156-punishment-9"/>Confined Nine Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18670107-157">
<interp inst="t18670107-157" type="uri" value="sessionsPapers/18670107"/>
<interp inst="t18670107-157" type="date" value="18670107"/>
<join result="criminalCharge" id="t18670107-157-charge-1" targOrder="Y" targets="def1-157-18670107 t18670107-157-offence-1 t18670107-157-verdict-2"/>
<join result="criminalCharge" id="t18670107-157-charge-2" targOrder="Y" targets="def2-157-18670107 t18670107-157-offence-1 t18670107-157-verdict-1"/>
<persName id="def1-157-18670107" type="defendantName">
<interp inst="def1-157-18670107" type="gender" value="male"/>
<interp inst="def1-157-18670107" type="age" value="25"/>
<interp inst="def1-157-18670107" type="surname" value="MCCARTHY"/>
<interp inst="def1-157-18670107" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES MCCARTHY</hi> (25)</persName> and
<persName id="def2-157-18670107" type="defendantName">
<interp inst="def2-157-18670107" type="gender" value="male"/>
<interp inst="def2-157-18670107" type="age" value="29"/>
<interp inst="def2-157-18670107" type="surname" value="ENGLISH"/>
<interp inst="def2-157-18670107" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES ENGLISH</hi> (29)</persName>
<rs id="t18670107-157-offence-1" type="offenceDescription">
<interp inst="t18670107-157-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18670107-157-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully having counterfeit coin in their possession, with intent to utter it, to which </rs>
<hi rend="largeCaps">ENGLISH</hi>
<hi rend="smallCaps">
<rs id="t18670107-157-verdict-1" type="verdictDescription">
<interp inst="t18670107-157-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18670107-157-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18670107-157-punishment-10" type="punishmentDescription">
<interp inst="t18670107-157-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18670107-157-punishment-10" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-157-18670107 t18670107-157-punishment-10"/>Confined Twelve Months</rs>.</hi> </p>
<hi rend="smallCaps">MESSRS. CRAUFURD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">STRAIGHT</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18670107-name-44" type="witnessName">
<interp inst="t18670107-name-44" type="gender" value="male"/>
<interp inst="t18670107-name-44" type="surname" value="NICHOLSON"/>
<interp inst="t18670107-name-44" type="given" value="JOHN"/>JOHN NICHOLSON</persName> </hi>. I am eleven years old, and live at 8, Unicorn Street, Poplar—on Thursday, the 20th December, I was at the Rum Quay, West India Docks, with a barrow, selling pudding and pea soup—McCarthy bought a pennyworth of pudding, and gave me a shilling—I gave him his change, and then tried the shilling with my teeth, and found it was bad—I called him back, and told him so—he gave me back the change and part of the pudding, and went away—English then came and had a pennyworth of pea soup—he gave me a bad shilling—I gave it back to him, and he paid me with a good sixpence—I gave him his change, and they both went away together—I had marked the shilling I received from McCarthy, with my teeth.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-45" type="witnessName">
<interp inst="t18670107-name-45" type="gender" value="male"/>
<interp inst="t18670107-name-45" type="surname" value="WEST"/>
<interp inst="t18670107-name-45" type="given" value="WILLIAM"/>WILLIAM WEST</persName> </hi> (
<hi rend="italic">West India Dock Constable</hi> 6). On the 20th December, from information I received, I took the prisoners—they were walking and talking together—I had watched them for half an hour—a man named Mutton assisted me—I asked them what they were doing on the road—McCarthy said, "Nothing," and dropped from his right hand a bad shilling, which I picked up—I searched him, and found three sixpences and 5
<hi rend="italic">d</hi>. in copper, good—I showed him the shilling I picked up, and asked how he accounted for it—he said, "I received that at Fresh Wharf yesterday, where I was at work"—I asked English what money he had got about him—he took this purse from his pocket, pitched it on the desk, and said, "That is what I have got about men—it contained one shilling, two six
<lb/>pences, and a halfpenny, good—I then searched him, and found in his waist
<lb/>coat pocket these four bad shillings (
<hi rend="italic">produced</hi>)—they were then flat—I bent them in his presence, and said, "They are bad"—I asked him to account for them—he made no reply.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-46" type="witnessName">
<interp inst="t18670107-name-46" type="gender" value="male"/>
<interp inst="t18670107-name-46" type="surname" value="WEBSTER"/>
<interp inst="t18670107-name-46" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. I am inspector of coin to her Majesty's Mint—this shilling that was dropped is bad—these four found on English are also bad, and two of them are from the same mould as the one uttered.</p>
<hi rend="italic">McCarthy's Defence.</hi> I took it for my work.</p>
<hi rend="largeCaps">McCARTHY</hi>
<hi rend="smallCaps">
<rs id="t18670107-157-verdict-2" type="verdictDescription">
<interp inst="t18670107-157-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18670107-157-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18670107-157-punishment-11" type="punishmentDescription">
<interp inst="t18670107-157-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18670107-157-punishment-11" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-157-18670107 t18670107-157-punishment-11"/>Confined Twelve Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18670107-158">
<interp inst="t18670107-158" type="uri" value="sessionsPapers/18670107"/>
<interp inst="t18670107-158" type="date" value="18670107"/>
<join result="criminalCharge" id="t18670107-158-charge-1" targOrder="Y" targets="def1-158-18670107 t18670107-158-offence-1 t18670107-158-verdict-1"/>
<xptr type="pageFacsimile" doc="186701070008"/>
<persName id="def1-158-18670107" type="defendantName">
<interp inst="def1-158-18670107" type="gender" value="female"/>
<interp inst="def1-158-18670107" type="age" value="55"/>
<interp inst="def1-158-18670107" type="surname" value="WARD"/>
<interp inst="def1-158-18670107" type="given" value="ANN"/>
<hi rend="largeCaps">ANN WARD</hi> (55)</persName>
<rs id="t18670107-158-offence-1" type="offenceDescription">
<interp inst="t18670107-158-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18670107-158-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MESSRS. STRAIGHT</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">GRAIN</hi>
<hi rend="italic">conducted the Prosecution, and</hi>
<hi rend="smallCaps">MR. WOOD</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18670107-name-48" type="witnessName">
<interp inst="t18670107-name-48" type="gender" value="female"/>
<interp inst="t18670107-name-48" type="surname" value="SHEFFIELD"/>
<interp inst="t18670107-name-48" type="given" value="ELIZABETH"/>ELIZABETH SHEFFIELD</persName> </hi>. My father keeps the North Pole public-house, Alfred Street, Millwall—the prisoner has used the house for a long while—on the 27th December I served her with half a gallon of ale, which came to 8
<hi rend="italic">d</hi>.—she gave me a shilling—I returned it to her, and told her it was bad; she gave me another, I bit it and bent it, and returned it; they both gritted—she then gave me another, and that was bad also—they were Victoria shillings—she then went away and returned with a good half-crown, and paid me for the ale.</p>
<hi rend="italic">Cross-examined. Q.</hi> What time was this?
<hi rend="italic">A.</hi> In the morning—she had been there on Christmas Day and Boxing night—this was the morning of the 27th—her husband was with her on the 25th and 26th and several friends, and they paid for several portions of the beer which was ordered—Collins, one of the barmen, was there on the 26th—he was there on account of my father being ill—I do not know whether the prisoner can see without spectacles—she lives a few doors from me—her husband is a navvy, and I believe earns good wages—the prisoner spends a good deal of money in our house—some one showed me five bad shillings on the night of the 26th—we have got them.</p>
<hi rend="smallCaps">MR. STRAIGHT</hi>.
<hi rend="italic">Q.</hi> Did you see the prisoner in your bar on Wednes
<lb/>day night?
<hi rend="italic">A.</hi> Yes, that was the night I received the five bad shillings—I am certain she is the person who gave me the three bad shillings on the 27th—I handed them back to her after bending them—half a gallon of ale comes to 8
<hi rend="italic">d</hi>.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-49" type="witnessName">
<interp inst="t18670107-name-49" type="gender" value="male"/>
<interp inst="t18670107-name-49" type="surname" value="COLLINS"/>
<interp inst="t18670107-name-49" type="given" value="WILLIAM"/>WILLIAM COLLINS</persName> </hi>. On the 27th December I was assisting at the North Pole public-house—the prisoner came in for half a gallon of ale, and put down a shilling—Miss Sheffield took it up, tried it with her teeth, and it bent—it was given back to the prisoner, who put down another—Miss Sheffield tried that with her teeth, and it was bad—the prisoner then put down another, and that was bad also—they were handed back to the prisoner, who some time afterwards came back with a good half-crown, and paid for the ale—we took five bad shillings the night before, and Mr. Sheffield gave me three of them to give to the constable—he could not find the other two—they bent easily, and I said to the prisoner, "You ought to be ashamed of yourself"—she said, "What has it to do with you?"</p>
<hi rend="italic">Cross-examined. Q.</hi> Why did she bite the shillings?
<hi rend="italic">A.</hi> Because we had a suspicion of the woman—she was not sure, because they looked so good—five men and five women were with the prisoner on Boxing night, dancing in front of the bar—I only know John Ward by his coming to the police-court—I do not recollect the prisoner ordering a quart of fourpenny ale on boxing night, and paying with a florin; but I cannot swear she did not—I did not give her a bad shilling in change—I gave change to nobody—I was not selling beer, only fetching it for the boy—I only waited on three young chaps—I had nothing to do behind the bar.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-50" type="witnessName">
<interp inst="t18670107-name-50" type="gender" value="female"/>
<interp inst="t18670107-name-50" type="surname" value="LEVINGSTON"/>
<interp inst="t18670107-name-50" type="given" value="EMILY ANN"/>EMILY ANN LEVINGSTON</persName> </hi>. My father keeps a grocer's shop in Allen Street, Millwall—on 27th December I served the prisoner with some candles, which came to 4 1/2
<hi rend="italic">d</hi>., she gave me a shilling, I gave her the change and she left—I tried the shilling directly she was gone and found it was bad—I kept it and gave it to the constable on Friday—I am sure it is the game—I did not lose sight of it.</p>
<xptr type="pageFacsimile" doc="186701070009"/>
<hi rend="italic">Cross-examined. Q.</hi> Were you alone?
<hi rend="italic">A.</hi> Yes—I described her to the policeman—the shilling did not look bad, but it was bright and a little bent—I did not then know where the prisoner lived—she had dealt with us a fortnight or three weeks.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-51" type="witnessName">
<interp inst="t18670107-name-51" type="gender" value="male"/>
<interp inst="t18670107-name-51" type="surname" value="WATKINSON"/>
<interp inst="t18670107-name-51" type="given" value="FEATY"/>FEATY WATKINSON</persName> </hi> (
<hi rend="italic">Policeman</hi> 214
<hi rend="italic">K</hi>). The prisoner was given into my custody on 28th December—I charged her with passing bad money—she gave me these two bad shillings—I also received a shilling from Miss Levingstone, and three shillings from William Collins, who marked them (
<hi rend="italic">produced</hi>).</p>
<hi rend="smallCaps">MR. WOOD</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">ELIZABETH SHEFFIELD</hi>.
<hi rend="italic">Q.</hi> Did the potman take money for beer on any occasion?
<hi rend="italic">A.</hi> No, he brought money from the tap-room to the bar—I cannot say that he brought the bad money from the tap-room to the bar on Saturday night, or that he did not.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Were you in the tap-room?
<hi rend="italic">A.</hi> No, the pot-boy brought the money to him, and he handed it to me—Collins's duty was not behind the bar—he attended the counter and tap-room.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">WILLIAM COLLINS</hi>.
<hi rend="italic">Q.</hi> Did you go into the tap-room at all to receive money that night?
<hi rend="italic">A.</hi> No; I received one sixpence from the pot-boy that night, that was all—if Miss Sheffield says that I received money in the tap-room and brought it to her, that is not true.</p>
<hi rend="smallCaps">MR. WOOD</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">ELIZABETH SHEFFIELD</hi>.
<hi rend="italic">Q.</hi> What is the pot-boy's name?
<hi rend="italic">A.</hi> George Jerratt, a boy of sixteen or seventeen—he has been there twelve months)—he received money in the tap-room—the prisoner paid this shilling at half-past ten in the morning.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-52" type="witnessName">
<interp inst="t18670107-name-52" type="gender" value="male"/>
<interp inst="t18670107-name-52" type="surname" value="WEBSTER"/>
<interp inst="t18670107-name-52" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These two shillings by themselves are bad, the one uttered is also bad, and from the same mould as the two—here are also three bad shillings from different moulds.</p>
<hi rend="italic">Witnesses for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18670107-name-53" type="witnessName">
<interp inst="t18670107-name-53" type="gender" value="female"/>
<interp inst="t18670107-name-53" type="surname" value="BURROUGHS"/>
<interp inst="t18670107-name-53" type="given" value="JANE"/>JANE BURROUGHS</persName> </hi>. I am the prisoner's daughter-in-law, and was with her on Boxing night at the North Pole—my husband was with me, and Mrs. Matthews and her son, and the prisoner's four men lodgers—she lives across the road, at 7, Alfred Streets-John Ward, her brother-in-law, was also with us—I changed a florin of the little pot-boy, received 1
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>. change, and put the 1
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. into my purse, and the 2
<hi rend="italic">d</hi>. in my pocket—it remained there till morning, when I asked the prisoner if she would go across to the North Pole and fetch half a gallon of ale—I gave her the money, but did not notice it—she came back and said, "The shilling you gave me is a bad one, and I took my frock up and got another shilling to pay for the ale and was told that that was bad, I then took another from my pocket and that was bad"—I had not seen her get any change at the North Pole, the night before, but after we returned to her house she went to fetch a gallon of ale, which came to 1
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>.—she had four shillings to pay for it, from four of us, one pot each, and she brought back the change and gave to each party—she has kept this lodging-house, at different times, for ten or eleven years—her husband is a navvy, in regular employment at the docks at Millwall.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. STRAIGHT</hi>.
<hi rend="italic">Q.</hi> Where do you live?
<hi rend="italic">A.</hi> 47, Commercial Street, Rotherhithe—my husband is a deal porter.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-54" type="witnessName">
<interp inst="t18670107-name-54" type="gender" value="male"/>
<interp inst="t18670107-name-54" type="surname" value="WARD"/>
<interp inst="t18670107-name-54" type="given" value="JOHN"/>JOHN WARD</persName> </hi>. I am a labourer, of Millwall, and am the prisoner's hus
<lb/>band's brother—I was drinking with her and her husband and Mr. Bur
<lb/>roughs at the North Pole on Boxing night, and saw her pay for a gallon of ale, she changed four shillings—I asked her to lend me 6
<hi rend="italic">d</hi>., she said she</p>
<xptr type="pageFacsimile" doc="186701070010"/>
<p>had only got a half-crown—she changed that, lent me 6
<hi rend="italic">d</hi>., and put the 2
<hi rend="italic">s</hi>. in her pocket—I was with her till they shut up, but did not see her pay for anything more—she took the beer home to her house and the change—she changed the half-crown to lend me the 6
<hi rend="italic">d</hi>. because she had to take home the change of four shillings to the men who had given her a shilling a piece—if she had lent me that she would not have had change to give them, because she wanted 8
<hi rend="italic">d</hi>. a piece out of their shillings—I saw the two shillings which the young girl gave her, she put it in her pocket—I have known her since she has been married, she has kept that lodging-house about two months, it is a respectable house—she is as hardworking a woman as ever I knew in my life, I never heard a word against her—Mrs. Matthews was with me when the half-crown was changed.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-55" type="witnessName">
<interp inst="t18670107-name-55" type="gender" value="female"/>
<interp inst="t18670107-name-55" type="surname" value="MATTHEWS"/>
<interp inst="t18670107-name-55" type="given" value="SARAH"/>SARAH MATTHEWS</persName> </hi>. I am a widow, I live at 5, Maynard Road, Rother
<lb/>hithe, and take in lodgers—I was at the North Pole on Boxing night with John Ward and Mrs. Burroughs—the prisoner came in for some beer while we were there—I do not know anything more till next morning, when I saw Mrs. Burroughs give the prisoner a shilling to get half a gallon of fourpenny ale—when she came back she said the shilling was bad, and that she put her hand in her pocket and pulled out two more—she brought he ale back and Is. 4
<hi rend="italic">d</hi>. instead of 1
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>., as they had given her her change wrong, and she went for the 6
<hi rend="italic">d</hi>., and brought it back again—I have known the prisoner two years, I do not know the state of her sight, she does not wear spectacles that I am aware of—I live not far from her, and know her to be a respectable upright woman—her husband is a
<hi rend="italic">navvy.</hi> </p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. STRAIGHT</hi>.
<hi rend="italic">Q.</hi> Had you been making rather a heavy night?
<hi rend="italic">A.</hi> We had been merrymaking, I only saw Mrs. Bur
<lb/>roughs give her one shilling.</p>
<hi rend="italic">The prisoner received a good character.</hi>
<hi rend="smallCaps">
<rs id="t18670107-158-verdict-1" type="verdictDescription">
<interp inst="t18670107-158-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18670107-158-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, January</hi> 8
<hi rend="italic">th</hi>, 1867.</p>
<div1 type="trialAccount" id="t18670107-159">
<interp inst="t18670107-159" type="uri" value="sessionsPapers/18670107"/>
<interp inst="t18670107-159" type="date" value="18670107"/>
<join result="criminalCharge" id="t18670107-159-charge-1" targOrder="Y" targets="def1-159-18670107 t18670107-159-offence-1 t18670107-159-verdict-1"/>
<persName id="def1-159-18670107" type="defendantName">
<interp inst="def1-159-18670107" type="gender" value="male"/>
<interp inst="def1-159-18670107" type="age" value="38"/>
<interp inst="def1-159-18670107" type="surname" value="MITCHAM"/>
<interp inst="def1-159-18670107" type="given" value="JAMES"/>
<interp inst="def1-159-18670107" type="occupation" value="letter carrier"/>
<hi rend="largeCaps">JAMES MITCHAM</hi> (38)</persName> was indicted
<rs id="t18670107-159-offence-1" type="offenceDescription">
<interp inst="t18670107-159-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18670107-159-offence-1" type="offenceSubcategory" value="mail"/> for stealing, whilst em
<lb/>ployed in the Post Office, a post-letter containing sixty-one postage stamps, the property of
<persName id="t18670107-name-57" type="victimName">
<interp inst="t18670107-name-57" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18670107-159-offence-1 t18670107-name-57"/>her Majesty's Postmaster-General</persName>.</rs> </p>
<hi rend="smallCaps">MESSRS. METCALFE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">STRAIGHT</hi>
<hi rend="italic">conducted the Prosecution, and</hi>
<hi rend="smallCaps">MR. PATER</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18670107-name-58" type="witnessName">
<interp inst="t18670107-name-58" type="gender" value="male"/>
<interp inst="t18670107-name-58" type="surname" value="CLARE"/>
<interp inst="t18670107-name-58" type="given" value="WILLIS"/>WILLIS CLARE</persName> </hi>. I am an inspector of letter carriers in the General Post Office—the prisoner was a letter carrier, and his district was Alders
<lb/>gate Street—on 27th December I made up a letter, and enclosed in it sixty penny postage stamps in one piece, I marked each stamp—I addressed the letter to Mr. Jones, bookseller, 91, Aldersgate Street, E.C.—two other letters were also addressed to the same person—I gave them to Crocker, a police officer attached to the Post Office, with instructions to post them—they would arrive at Mr. Jones's about eight next morning—it would have been the prisoner's duty to deliver them—I saw the prisoner on the morn
<lb/>ing of the 28th, a little after eleven—I asked him if he had had any letters for Mr. Jones, 91, Aldersgate Street—he said he believed he had, he had delivered all that he had—I told him that one letter was missing—he said he knew nothing about it, he had delivered all he had received—I then told him that it was one with sixty penny postage stamps in it—he</p>
<xptr type="pageFacsimile" doc="186701070011"/>
<p>said he knew nothing about it—he was then detained—some time after
<lb/>wards I went to the receiving house in Aldersgate Street kept by Mr. Purvis between two and three the same day—I there saw the youth Mayo, who handed me some postage stamps, I don't know exactly how many, there was a large quantity—I examined them, and among them found the sixty that I had placed in the letter addressed to Mr. Jones; they were still in one sheet—I then returned to the Post Office, and the prisoner was asked in my presence if he had seen anything of the letter addressed to Mr. Jones that was missing—he said he had not—he was asked if he had sold any postage stamps that morning—he said he had not—he was further asked, if any one said that he had, would that be true—he said no, it was not true, he had not sold any—Mayo was then sent for, and he said he had bought 13
<hi rend="italic">s</hi>. worth of postage stamps of him that morning, that he had placed them on a back counter, and they were the same stamps he gave me that he had received from the prisoner—the prisoner made no remark on that—he was asked if he wished to ask Mayo any question—I then gave him into custody—these are the stamps (
<hi rend="italic">produced</hi>)—I also received two letters from the constable, which are those I addressed to Mr. Jones, but not the letter that contained the stamps.</p>
<hi rend="italic">Cross-examined. Q.</hi> I believe the prisoner has been near upon ten years in the service of the Post Office?
<hi rend="italic">A.</hi> I believe he has—previous to that I have heard he was a soldier, and had served through the Crimea, and was in the enjoyment of a small pension—it was his duty to divide the letters between himself and two other letter carriers—it was about eleven in the morning when I asked him if he had had a letter with postage stamps; it was about one hour and a half or two hours afterwards, in the solicitor's office, that I asked him if anybody said he had sold any would it be true—I identified the stamps—I have only looked at four—the mark is reproduced by an acid—no mark appears until the acid is used—it is usual for persons at receiving houses to buy stamps of letter carriers or anybody.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-59" type="witnessName">
<interp inst="t18670107-name-59" type="gender" value="male"/>
<interp inst="t18670107-name-59" type="surname" value="CROCKER"/>
<interp inst="t18670107-name-59" type="given" value="GIDEON"/>GIDEON CROCKER</persName> </hi>. I am a constable attached to the General Post Office—on the afternoon of the 27th December Mr. Clare gave me three letters addressed to Mr. Jones, of Aldersgate Street—I posted them the same evening in the London district box at the E.C. office, the chief office—they would remain in the office, and would be taken out for delivery about half-past seven the following morning by the general post delivery.</p>
<hi rend="italic">Cross-examined. Q.</hi> Have you always been on good terms with the Prisoner?
<hi rend="italic">A.</hi> I don't think I have ever spoken to him till he was in custody—I never said that I would serve him out, I had no cause, I never spoke to him in my life—I put the three letters into the box together in the same state that I received them—I communicated at the time with Mr. Dun stall, the inspector on duty—he was not present when I put the letters into the box—he was somewhere near the box when they fell in.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-60" type="witnessName">
<interp inst="t18670107-name-60" type="gender" value="male"/>
<interp inst="t18670107-name-60" type="surname" value="DUNSTALL"/>
<interp inst="t18670107-name-60" type="given" value="WILLIAM GEORGE"/>WILLIAM GEORGE DUNSTALL</persName> </hi>. I am an inspector of letter carriers—about twenty minutes to eight on the evening of the 27th December I went to the letter-box of the London district, and took out three letters addressed to Mr. Jones, of Aldersgate Street—the last despatch of London district letters had then gone—I locked the letters in my desk till the morning—I took them about half-past five and placed them on the sorting table of the Aldersgate Street walk among other letters—I saw the messenger take them away and carry them to the prisoner's seat, at which he was sitting at the time—it was the prisoner's duty to divide them between himself and two others on the walk—it would be to himself that these three letters</p>
<xptr type="pageFacsimile" doc="186701070012"/>
<p>should have been given—I did not see the prisoner leave the office—he left about half-past seven.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-61" type="witnessName">
<interp inst="t18670107-name-61" type="gender" value="male"/>
<interp inst="t18670107-name-61" type="surname" value="JONES"/>
<interp inst="t18670107-name-61" type="given" value="THOMAS"/>THOMAS JONES</persName> </hi>. I am a bookseller—I know the prisoner as delivering letters at my shop—I recollect on Friday morning, the 28th December, his coming to my shop—he delivered three letters to me—I afterwards delivered two of those letters to the constable Bingham—the other letter was from the country, a private letter—this is the envelope of it—I only received those three that morning—I did not receive any letter containing sixty postage stamps.</p>
<hi rend="italic">Cross-examined. Q.</hi> Were you at home where the letters came?
<hi rend="italic">A.</hi> Yes, they were all delivered at the same time.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-62" type="witnessName">
<interp inst="t18670107-name-62" type="gender" value="male"/>
<interp inst="t18670107-name-62" type="surname" value="MAYO"/>
<interp inst="t18670107-name-62" type="given" value="FREDERICK WILLIAM"/>FREDERICK WILLIAM MAYO</persName> </hi>. I am employed in the Post Office recei
<lb/>ving house, at 142, Aldersgate Street—the letter carriers in that district come there, and have their cards signed after their delivery, to show the time they finish—on the morning of the 28th December I saw the prisoner there between eight and nine, and he had his card signed; this is it—the time marked is 8.35—he gave me 13
<hi rend="italic">s</hi>. worth of stamps—I bought them of him—I did not give him any money, because I had not sufficient in the till—I told him to come for the money afterwards—I put the stamps on the back board by themselves—I afterwards gave some to Mr. Clare—there was one sheet containing sixty, and a few more besides—I had broken some off—I only gave to Mr. Clare what I had received from the prisoner.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-63" type="witnessName">
<interp inst="t18670107-name-63" type="gender" value="male"/>
<interp inst="t18670107-name-63" type="surname" value="BINGHAM"/>
<interp inst="t18670107-name-63" type="given" value="HENRY"/>HENRY BINGHAM</persName> </hi>. I am a constable attached to the Post Office—on the 28th December I received two letters from Mr. Jones and the cover of a third—I produce them—I gave them to Mr. Clare—I afterwards searched the prisoner, and found on him 5
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>.</p>
<hi rend="smallCaps">
<rs id="t18670107-159-verdict-1" type="verdictDescription">
<interp inst="t18670107-159-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18670107-159-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18670107-159-punishment-12" type="punishmentDescription">
<interp inst="t18670107-159-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18670107-159-punishment-12" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-159-18670107 t18670107-159-punishment-12"/>Confined Eighteen Months</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18670107-160">
<interp inst="t18670107-160" type="uri" value="sessionsPapers/18670107"/>
<interp inst="t18670107-160" type="date" value="18670107"/>
<join result="criminalCharge" id="t18670107-160-charge-1" targOrder="Y" targets="def1-160-18670107 t18670107-160-offence-1 t18670107-160-verdict-1"/>
<persName id="def1-160-18670107" type="defendantName">
<interp inst="def1-160-18670107" type="gender" value="male"/>
<interp inst="def1-160-18670107" type="age" value="19"/>
<interp inst="def1-160-18670107" type="surname" value="JAMES"/>
<interp inst="def1-160-18670107" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM JAMES</hi> (19)</persName>
<rs id="t18670107-160-offence-1" type="offenceDescription">
<interp inst="t18670107-160-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18670107-160-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery with violence on
<persName id="t18670107-name-65" type="victimName">
<interp inst="t18670107-name-65" type="gender" value="male"/>
<interp inst="t18670107-name-65" type="surname" value="HILL"/>
<interp inst="t18670107-name-65" type="given" value="THOMAS"/>
<interp inst="t18670107-name-65" type="occupation" value="groom"/>
<join result="offenceVictim" targOrder="Y" targets="t18670107-160-offence-1 t18670107-name-65"/>Thomas Hill</persName>, and stealing a handkerchief, his property.</rs> </p>
<hi rend="smallCaps">MR. LILLEY</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="t18670107-name-66" type="witnessName">
<interp inst="t18670107-name-66" type="gender" value="male"/>
<interp inst="t18670107-name-66" type="surname" value="HILL"/>
<interp inst="t18670107-name-66" type="given" value="THOMAS"/>THOMAS HILL</persName> </hi>. I live at 7, Hatton Street, Lisson Grove—I am a groom in the employment of Mr. Meacock—about two o'clock on the morning of the 27th December I was in the Edgware Road, going home—I saw the prisoner walking along—he stopped me and asked me to treat him—I objected and said, "Good night"—he followed me up till we came to a coffee stall—I had a cup of coffee there—he pushed me, and up with his fist, put his hand into my pocket, took out my handkerchief, and gave me two fearful blows on the nose and mouth, and knocked me down—I have had pains in my nose ever since—I saw him take my hand
<lb/>kerchief out of my pocket—I got up and ran away and called "Police!"—I saw a policeman coming—I pointed the prisoner out to him, and he ran away as hard as he could—the policeman ran after him—he was taken about an hour afterwards—I have never seen my handkerchief since.</p>
<hi rend="italic">Cross-examined. Q.</hi> Do you mean that you were coming home from your work at this time?
<hi rend="italic">A.</hi> Yes, I was required to be out very late by my master—there was no one with the prisoner—the coffee stall was about one hundred yards from where I first saw him—the prisoner was standing close by me when I had my cup of coffee—I only had one cup—I don't know whether the prisoner had a cup—he did not have any with me—I did not see him have any—he had none whilst I was there (
<hi rend="italic">looking at a</hi> </p>
<xptr type="pageFacsimile" doc="186701070013"/>
<hi rend="italic">man called Tom</hi>)—that man was not there; I swear that—I never saw him before—I was quite sober.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-67" type="witnessName">
<interp inst="t18670107-name-67" type="gender" value="male"/>
<interp inst="t18670107-name-67" type="surname" value="URBEN"/>
<interp inst="t18670107-name-67" type="given" value="ALFRED"/>ALFRED URBEN</persName> </hi> (
<hi rend="italic">Policeman X</hi> 171). On the morning of the 27th December, from a quarter to half past twelve, I was on duty in the Edg
<lb/>ware Road—I heard the calling of "Police!"—I ran to the spot, which was about 150 yards off, and saw the prisoner running) and the prosecutor running after him, bleeding from the nose and mouth—on receiving infor
<lb/>mation from him I ran towards the prisoner—as soon as he saw me he turned short round the corner and escaped—I knew him by sight—I went to where he was lodging and waited there about an hour, when I saw him eome running home as fast as he could—I took him into custody—he asked what I wanted him for—I said, "I shall take you into custody for assaulting a man in the Edgware Road about an hour previous and rob
<lb/>bing him of his pocket-handkerchief"—he hit me a violent blow on the nose—I did not see the man Tom—there was no one with the prisoner.</p>
<hi rend="italic">Cross-examined. Q.</hi> I believe he has incurred the displeasure of the police by assaulting them?
<hi rend="italic">A.</hi> Yes, many times—he has been fined a great many times.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-68" type="witnessName">
<interp inst="t18670107-name-68" type="gender" value="male"/>
<interp inst="t18670107-name-68" type="surname" value="HODGES"/>
<interp inst="t18670107-name-68" type="given" value="FREDERICK"/>FREDERICK HODGES</persName> </hi>. I am a gasfitter, and live at 32, Hawker Street—on the morning of the 27th December, about half-past two, I was standing by the side of a coffee stall on Maida Hill—I saw the prisoner strike the prosecutor in the mouth, and follow him up very close and keep striking him—I saw blood from his nose and mouth—the policeman came up shortly afterwards, after the prosecutor called out "Police!" and the prisoner turned round and ran away while the prosecutor was talking to the policeman.</p>
<hi rend="italic">Cross-examined. Q.</hi> Were you there when the prisoner came up to the coffee stall with the prosecutor?
<hi rend="italic">A.</hi> Yes, I saw him all the time they were there—no one else was at the coffee stall at the time.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-69" type="witnessName">
<interp inst="t18670107-name-69" type="gender" value="male"/>
<interp inst="t18670107-name-69" type="surname" value="HILL"/>
<interp inst="t18670107-name-69" type="given" value="THOMAS"/>THOMAS HILL</persName> </hi> (
<hi rend="italic">examined by the</hi>
<hi rend="smallCaps">COURT</hi>.). I know the prisoner—I know the coffee stall on Maida Hill—I was with the prisoner at that coffee stall, and with the prosecutor—he had walked with me and the prisoner from Earl Street, Edgware Road—he came up to us and asked for a light—he seemed about half drunk—the prisoner said to me, "I am going to have a cup of coffee"—the prosecutor said, "I am going to have a cup as well"—we went up to the stall, the prosecutor called for three cups and would not pay for them—they had a bit of a row, and the prosecutor ran into the road hallooing out "Police," and I and the prisoner walked on the other side of the road.</p>
<hi rend="italic">Cross-examined. Q.</hi> Are you a friend or acquaintance of the prisoner?
<hi rend="italic">A.</hi> No, I had seen him before, and drank with him once or twice—I had a cup of coffee myself that night—the prisoner and prosecutor had a fight, and the policeman came up and caught hold of the prisoner, and the pro
<lb/>secutor said, "That is the man that hit me"—they were quarrelling who should pay for the three cups of coffee—there was a man serving the coffee, and a boy also was there—I did not see who paid—no one did while I was there—when the prisoner ran away the policeman caught him and let go of him again.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-70" type="witnessName">
<interp inst="t18670107-name-70" type="gender" value="male"/>
<interp inst="t18670107-name-70" type="surname" value="HODGES"/>
<interp inst="t18670107-name-70" type="given" value="FREDERICK"/>FREDERICK HODGES</persName> </hi> (
<hi rend="italic">re-examined</hi>). I did not see anything of this man—I did not serve the three cups of coffee, my brother did—I was washing up the cups for him—he served one cup to the prosecutor, and two to somebody else, strangers—we served one to the prisoner at the same time—there was a dispute about payment—nobody paid for it.</p>
<xptr type="pageFacsimile" doc="186701070014"/>
<hi rend="smallCaps">
<persName id="t18670107-name-71" type="witnessName">
<interp inst="t18670107-name-71" type="gender" value="male"/>
<interp inst="t18670107-name-71" type="surname" value="URBEN"/>
<interp inst="t18670107-name-71" type="given" value="ALFRED"/>ALFRED URBEN</persName> </hi> (
<hi rend="italic">re-examined</hi>). I did not catch hold of the prisoner and then let him go again—the coffee stall keeper is here.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-72" type="witnessName">
<interp inst="t18670107-name-72" type="gender" value="male"/>
<interp inst="t18670107-name-72" type="surname" value="HODGES"/>
<interp inst="t18670107-name-72" type="given" value="STEPHEN"/>STEPHEN HODGES</persName> </hi>. I remember the morning of the 28th December—the prosecutor had a cup of coffee at my stall—I did not see anybody with him—I did not see the person Hill—I saw the prisoner, he came up about the same time as the prosecutor—the prisoner called for three cups of coffee—I only saw two persons—the prosecutor said he should not pay for them—I said I should look to the, prisoner for it, as he called for them—he said he would not pay, and he up with his fist and struck him in the face and knocked his hat off, and he fell—the prisoner followed him up and struck him again, and then he ran away and the policeman came up and ran after him—I did not see him take anything from him, I was busy attending to my stall at the time—I did not see the witness Hill there—I know him by sight—he was not there—I did not see him there—I did not see whether there were three cups of coffee drank, I was rather busy serving other persons—I hardly noticed who had the cups—I only saw two, the prosecutor and prisoner—I did not see whether the third cup was drank or not.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-73" type="witnessName">
<interp inst="t18670107-name-73" type="gender" value="male"/>
<interp inst="t18670107-name-73" type="surname" value="HILL"/>
<interp inst="t18670107-name-73" type="given" value="THOMAS"/>THOMAS HILL</persName> </hi> (
<hi rend="italic">the Prosecutor, re-examined</hi>). That man (
<hi rend="italic">Hill</hi>) was stand
<lb/>ing by at the time I had the coffee—I did not see him take any coffee—the prisoner ordered it—I paid for mine—the quarrel did not begin about who should pay—the prisoner wanted me to treat him and I objected—I saw him take the handkerchief out of my outside pocket—I saw the man Hill yesterday where I was taking my lunch, and he said, "Which one of you lost your handkerchief?"</p>
<hi rend="smallCaps">
<persName id="t18670107-name-74" type="witnessName">
<interp inst="t18670107-name-74" type="gender" value="male"/>
<interp inst="t18670107-name-74" type="surname" value="HILL"/>
<interp inst="t18670107-name-74" type="given" value="THOMAS"/>THOMAS HILL</persName> </hi> (
<hi rend="italic">re-examined</hi>). I saw the prosecutor yesterday in a public-house over the way, and two policeman with him—I did not ask who had lost the handkerchief—I knew nothing about any handkerchief—I went in by accident, having a paper to appear here—I knew the pro
<lb/>secutor when he was door-keeper at the Metropolitan Music Hall, kept by Mr. Meacock.</p>
<hi rend="smallCaps">
<rs id="t18670107-160-verdict-1" type="verdictDescription">
<interp inst="t18670107-160-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18670107-160-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18670107-161">
<interp inst="t18670107-161" type="uri" value="sessionsPapers/18670107"/>
<interp inst="t18670107-161" type="date" value="18670107"/>
<join result="criminalCharge" id="t18670107-161-charge-1" targOrder="Y" targets="def1-161-18670107 t18670107-161-offence-1 t18670107-161-verdict-1"/>
<persName id="def1-161-18670107" type="defendantName">
<interp inst="def1-161-18670107" type="gender" value="male"/>
<interp inst="def1-161-18670107" type="age" value="36"/>
<interp inst="def1-161-18670107" type="surname" value="GOULSTONE"/>
<interp inst="def1-161-18670107" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES GOULSTONE</hi> (36)</persName>
<hi rend="smallCaps">
<rs id="t18670107-161-verdict-1" type="verdictDescription">
<interp inst="t18670107-161-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18670107-161-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18670107-161-offence-1" type="offenceDescription">
<interp inst="t18670107-161-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18670107-161-offence-1" type="offenceSubcategory" value="bigamy"/> to feloniously marrying
<persName id="t18670107-name-76">
<interp inst="t18670107-name-76" type="gender" value="female"/>
<interp inst="t18670107-name-76" type="surname" value="KITT"/>
<interp inst="t18670107-name-76" type="given" value="MARY ANN"/>Mary Ann Kitt</persName>, his wife being alive.—</rs>
<hi rend="italic">
<rs id="t18670107-161-punishment-13" type="punishmentDescription">
<interp inst="t18670107-161-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18670107-161-punishment-13" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-161-18670107 t18670107-161-punishment-13"/>Confined Six Months</rs>.</hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, January</hi> 8
<hi rend="italic">th</hi>, 1867.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18670107-162">
<interp inst="t18670107-162" type="uri" value="sessionsPapers/18670107"/>
<interp inst="t18670107-162" type="date" value="18670107"/>
<join result="criminalCharge" id="t18670107-162-charge-1" targOrder="Y" targets="def1-162-18670107 t18670107-162-offence-1 t18670107-162-verdict-1"/>
<join result="criminalCharge" id="t18670107-162-charge-2" targOrder="Y" targets="def2-162-18670107 t18670107-162-offence-1 t18670107-162-verdict-1"/>
<persName id="def1-162-18670107" type="defendantName">
<interp inst="def1-162-18670107" type="gender" value="male"/>
<interp inst="def1-162-18670107" type="age" value="30"/>
<interp inst="def1-162-18670107" type="surname" value="DUCK"/>
<interp inst="def1-162-18670107" type="given" value="SIMEON"/>
<interp inst="def1-162-18670107" type="occupation" value="carpenter"/>
<hi rend="largeCaps">SIMEON DUCK</hi> (30)</persName> and
<persName id="def2-162-18670107" type="defendantName">
<interp inst="def2-162-18670107" type="gender" value="male"/>
<interp inst="def2-162-18670107" type="age" value="34"/>
<interp inst="def2-162-18670107" type="surname" value="TAYLOR"/>
<interp inst="def2-162-18670107" type="given" value="WILLIAM HENRY"/>
<interp inst="def2-162-18670107" type="occupation" value="harberdasher"/>
<hi rend="largeCaps">WILLIAM HENRY TAYLOR</hi> (34)</persName>
<rs id="t18670107-162-offence-1" type="offenceDescription">
<interp inst="t18670107-162-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18670107-162-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing twenty-three dozen pairs of gloves, the property of
<persName id="t18670107-name-79" type="victimName">
<interp inst="t18670107-name-79" type="gender" value="male"/>
<interp inst="t18670107-name-79" type="surname" value="ALLCROFT"/>
<interp inst="t18670107-name-79" type="given" value="JOHN DERBY"/>
<join result="offenceVictim" targOrder="Y" targets="t18670107-162-offence-1 t18670107-name-79"/>John Derby Allcroft</persName> and another.</rs> </p>
<hi rend="smallCaps">MESSRS. GIFFARD, POLAND</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">GRAIN</hi>
<hi rend="italic">conducted the Prosecution</hi>;
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">appeared for Duck, and</hi>
<hi rend="smallCaps">MR. DIGBY SEYMOUR</hi>, Q.C.,
<hi rend="italic">for Taylor.</hi> </p>
<hi rend="smallCaps">
<persName id="t18670107-name-80" type="witnessName">
<interp inst="t18670107-name-80" type="gender" value="male"/>
<interp inst="t18670107-name-80" type="surname" value="ADAMS"/>
<interp inst="t18670107-name-80" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY ADAMS</persName> </hi>. I live at Worcester, and am warehouseman to the prosecutors—goods are manufactured at Worcester and sent to London—on the 26th June I entered forty-four dozen ladies' black kid gloves, 8's, and saw them packed, and the case nailed down and placed in an enclosed yard, ready to be fetched away—the number of the case was 636—in the ordinary course an invoice would be made out and sent—this is it—before the 3rd August I had heard of the loss of some goods—on the 3rd August I made up a parcel consisting of twenty-nine and a half dozen</p>
<xptr type="pageFacsimile" doc="186701070015"/>
<p>ladies' bright green kid, 7 1/4 to 8 1/2, and forty-five dozen of ladies' black kid, 6 3/4 to 7 1/4—they were enclosed and packed, and directed to the London house, and it went in the regular way—this is the invoice—the number of the case was 738—the prosecutors are very large manufacturers, and send goods to many places and abroad, and about the dates mentioned I was despatching many parcels of similar goods—all the gloves had the prosecutor's name on—we send all goods to Wood Street.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-81" type="witnessName">
<interp inst="t18670107-name-81" type="gender" value="male"/>
<interp inst="t18670107-name-81" type="surname" value="DARK"/>
<interp inst="t18670107-name-81" type="given" value="BENJAMIN"/>BENJAMIN DARK</persName> </hi>. I am warehousemen to the prosecutors—I send goods from Worcester to Wood Street—on the 16th August I sent a case of goods, twenty-five and a half dozen of men's piqué gold cape, 7 3/4 to 9 1/2—I saw the case packed and fastened, it was No. 786—this is the invoice—on the 28th August I sent a case, No. 809, of twenty-eight dozen of men's piqué coloured kid, 7 1/2 to 8 3/4, of which this is the invoice—I cannot say that the gloves shown to me are those stolen, but they correspond in make, size, colour, and name.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-82" type="witnessName">
<interp inst="t18670107-name-82" type="gender" value="male"/>
<interp inst="t18670107-name-82" type="surname" value="COULDREY"/>
<interp inst="t18670107-name-82" type="given" value="JOSEPH"/>JOSEPH COULDREY</persName> </hi>. I am stationed as clerk in the receiving-room, Wood Street—on the 27th June I received a case from Worcester—I found a vacuum in it, and the paper was crumbled and pushed down at the side—I emptied the case, and took the goods to Weston, who examined them—on the 4th August I opened a case with Nichol, who examined it—on the 25th August I opened a case and found paper crumpled and pushed down, and a vacancy in it.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-83" type="witnessName">
<interp inst="t18670107-name-83" type="gender" value="male"/>
<interp inst="t18670107-name-83" type="surname" value="STEAD"/>
<interp inst="t18670107-name-83" type="given" value="JOHN"/>JOHN STEAD</persName> </hi>. I am manager of a department of the prosecutor's business—on the 27th June I received this invoice, and examined case No. 636, and missed seven and a half dozen ladies' black kid 8's patent make—the wholesale price of these to the trade is 38
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. a dozen, coming to 13
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—they were all stamped Dent and Company's patent, and had "D" on the buttons—on the 24th August I had this invoice—I saw case No. 809 opened, and the goods taken out and carried into the proper department to Weston, I believe.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-84" type="witnessName">
<interp inst="t18670107-name-84" type="gender" value="male"/>
<interp inst="t18670107-name-84" type="surname" value="NICHOL"/>
<interp inst="t18670107-name-84" type="given" value="JOHN"/>JOHN NICHOL</persName> </hi>. I am assistant to the prosecutors—on the 4th August I examined case No. 738, with this invoice before me, and missed three dozen of 7 3/4 ladies' bright green kid, two dozen 6 3/4 ladies' black kid, and one dozen 7 1/4 ladies' black kid—the wholesale price of the green is 41
<hi rend="italic">s</hi>., and of the black 40
<hi rend="italic">s</hi>., amounting to 12
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>.—all were marked with the name and D on the button.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-85" type="witnessName">
<interp inst="t18670107-name-85" type="gender" value="male"/>
<interp inst="t18670107-name-85" type="surname" value="AMORE"/>
<interp inst="t18670107-name-85" type="given" value="BRADLEY"/>BRADLEY AMORE</persName> </hi>. I am a warehouseman at Wood Street—on the 17th August I received case No. 786—I checked the goods with the invoice, and missed two dozen men's 7 3/4 gold cape, second quality, two dozen 8's, and three dozen 8 1/4, the wholesale price coming altogether to 9
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>.—the name was not inside, they being second quality.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> I suppose there is scarcely a hosier in London that Dent's do not furnish gloves to?
<hi rend="italic">A.</hi> I should not like to go so far as that, but the majority.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-86" type="witnessName">
<interp inst="t18670107-name-86" type="gender" value="male"/>
<interp inst="t18670107-name-86" type="surname" value="WESTON"/>
<interp inst="t18670107-name-86" type="given" value="FREDERICK"/>FREDERICK WESTON</persName> </hi>. I am in the prosecutor's service—on the 29th August I received case 809—the goods were brought by Couldrey—I missed one dozen super 7 3/4, at 35
<hi rend="italic">s</hi>.; one dozen 8's; one dozen 8 1/4; one dozen 8 1/2; one dozen 8 3/4; two dozen 7 3/4, second quality; one dozen 8's; one dozen 8 1/4, and one dozen 8 1/2, coming altogether to 15
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-87" type="witnessName">
<interp inst="t18670107-name-87" type="gender" value="male"/>
<interp inst="t18670107-name-87" type="surname" value="NINER"/>
<interp inst="t18670107-name-87" type="given" value="THOMAS GARDINER"/>THOMAS GARDINER NINER</persName> </hi>. I live at No. 7, Red Lion Street, Clerken-well, and travel over London in the brace and garter trade—I sell to the different hosiers—I have known Taylor between three and four years—he carried on business in Little St. Andrew's Street, Seven Dials, where he</p>
<xptr type="pageFacsimile" doc="186701070016"/>
<p>has a haberdasher's shop—I have sold him braces and garters—last July I went and saw him—he said, "I have got a job lot of goods which you can sell among your connection, Dent's kid gloves; I bought them of a person who took them for a bad debt"—he did not name the person—I asked the price, he said, "26
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. for the black ladies' 8's," and I sold them and got what profit I could—at first I had two dozen—I sold to Hemming's for 30
<hi rend="italic">s</hi>., Lack and Kirapton for 31
<hi rend="italic">s</hi>. and 32
<hi rend="italic">s</hi>., and to Hall for 31
<hi rend="italic">s</hi>.—I also had golden cape men's kid, for which I paid 15
<hi rend="italic">s</hi>., and sold at 20
<hi rend="italic">s</hi>.—I bad two dozen ladies' green, at 20
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., and sold them for 31
<hi rend="italic">s</hi>.—some I sold to Dale, some to Morris, some to Burrowes, some to Davis, some to Lewin, some to Toplin, and some to Rawkins—I know George Hook—he is a town traveller—I met him at Taylor's—I never sold gloves before, but it is not unusual for them to be so sold—gloves are sometimes sold under bankruptcies—I sold the gloves wherever I pleased—I con
<lb/>sidered the price I gave fair—after the sale of these gloves Taylor said to me, "I shall have some more gloves, but there is some suspicion that they were stolen, and I shall keep them and give them up to the police"—I had heard that some of the persons who bought the gloves had com
<lb/>municated with the prosecutor, and I told Taylor this, and it was after
<lb/>wards that he said that—he said no more about where he got them from—two or three days afterwards the police came to me—I never dealt in kid gloves before—they appeared to me cheap</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SEYMOUR</hi>.
<hi rend="italic">Q.</hi> Had you known Taylor before?
<hi rend="italic">A.</hi> Yes, he bears the character of an honest respectable man—it was about one o'clock in the day when I saw him—he said nothing to restrict me—I was to sell them where I pleased, and I took them among Dent's customers, whom I have travelled among thirty-eight years—I had not the slightest suspicion of anything being wrong—Taylor knew that I took them to Dent's customers, and said nothing to prevent me.</p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> What do you mean by travelling among Dent's cus
<hi rend="italic">A.</hi> I sell them braces and garters—Taylor knew me—I have two children in his service—the fact is, the thing was left perfectly open—I sold them among respectable men, and if they had known it they would not have purchased them of me—all respectable hosiers deal with Dent's, and when I sold two dozen to Hemming I told Taylor.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-88" type="witnessName">
<interp inst="t18670107-name-88" type="gender" value="male"/>
<interp inst="t18670107-name-88" type="surname" value="HEMMING"/>
<interp inst="t18670107-name-88" type="given" value="EDWARD"/>EDWARD HEMMING</persName> </hi>. I am a hosier, of 14, Titchborne Street—on the 26th July I bought of Niner one dozen ladies' black kid, 8's, at 30
<hi rend="italic">s</hi>.—I produce eleven pairs of them—on the 18th August I bought of him thirty pairs, six of green 7 3/4, and twenty-four black 6 3/4—I produce five pairs of the green and thirteen pairs of the black; I gave 31
<hi rend="italic">s</hi>.—on the 30th August I bought of Niner twenty-four pair men's coloured cape, 23
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., second quality—I produce one pair 7 1/2, thirteen pairs 7 3/4, and six pairs of No. 8—it is not unusual to buy gloves in such a way as this, and at the close of the season they may he had cheap—I never bought Dent's gloves of any other person but Dent except on this occasion—a man in the trade had some that did not suit him, and I bought some of him.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-89" type="witnessName">
<interp inst="t18670107-name-89" type="gender" value="male"/>
<interp inst="t18670107-name-89" type="surname" value="DALE"/>
<interp inst="t18670107-name-89" type="given" value="JOHN"/>JOHN DALE</persName> </hi>. I am a hosier, of Upper Street, Islington—on the 30th July I bought of Niner one dozen ladies' black, 8's, at 31
<hi rend="italic">s</hi>.—I produce ten pairs—on the 21st August I bought of Niner six pairs gold cape, two pairs 7 3/4, one pair 8, and three pairs 8 1/2—I gave 10
<hi rend="italic">s</hi>. for the six—on the 25th August I bought of Niner nine pairs bright green ladies', 7 3/4, for 23
<hi rend="italic">s</hi>.—I produce them all—job and odd lots of gloves are sold sometimes.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-90" type="witnessName">
<interp inst="t18670107-name-90" type="gender" value="male"/>
<interp inst="t18670107-name-90" type="surname" value="MORRIS"/>
<interp inst="t18670107-name-90" type="given" value="GEORGE"/>GEORGE MORRIS</persName> </hi>. I am a hosier, of High Street, Clerkenwell—on the</p>
<xptr type="pageFacsimile" doc="186701070017"/>
<p>30th July I bought of Niner one dozen ladies' black 8 3/4; I produce ten pairs; and on the 28th August eighteen pairs men's coloured cape, for 20
<hi rend="italic">s</hi>.; eight pairs of 7 3/4, nine of No. 8, and one pair of 8 1/2; and on the same day two and a half dozen men's coloured cape, 24
<hi rend="italic">s</hi>., six pairs of 7 3/4, six of No. 8, one dozen of 8 1/4, five pairs of 8 1/2, and one pair of 8 3/4—five pairs of the gold cape were soiled at the top, as if they had been in stock—these pairs I call blemished, and this pair soiled—it was very dark at the time.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-91" type="witnessName">
<interp inst="t18670107-name-91" type="gender" value="male"/>
<interp inst="t18670107-name-91" type="surname" value="LONG"/>
<interp inst="t18670107-name-91" type="given" value="GEORGE"/>GEORGE LONG</persName> </hi>. I am in the employment of Mr. Hall, a hosier, of Bishopsgate Street—on the 1st August I bought of Niner one dozen ladies' black 8's; I gave 31
<hi rend="italic">s</hi>.—I produce ten pairs—I bought them as a job lot—I believe one pair was imperfect.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-92" type="witnessName">
<interp inst="t18670107-name-92" type="gender" value="male"/>
<interp inst="t18670107-name-92" type="surname" value="KIMPTON"/>
<interp inst="t18670107-name-92" type="given" value="PETER"/>PETER KIMPTON</persName> </hi>. I am a hosier, of Bishopggate Street—on the 2nd August I bought of Niner one dozen ladies' black kid 8's for 31
<hi rend="italic">s</hi>.—I pro
<lb/>duce ten pairs—on the 20th August I bought one dozen different sizes at 32
<hi rend="italic">s</hi>., black kid ladies'—I communicated with the prosecutors—Niner said, "I am selling them for a draper at the West End, who cannot get rid of them."</p>
<hi rend="smallCaps">
<persName id="t18670107-name-93" type="witnessName">
<interp inst="t18670107-name-93" type="gender" value="male"/>
<interp inst="t18670107-name-93" type="surname" value="TAPLIN"/>
<interp inst="t18670107-name-93" type="given" value="WILLIAM"/>WILLIAM TAPLIN</persName> </hi>. I am a hosier, of High Holborn—on the 23rd August I bought of Niner one and a half dozen, six pairs of bright green ladies' 7 3/4, 31
<hi rend="italic">s</hi>., and one dozen gold tan, 7 3/4 to 8 1/2, 20
<hi rend="italic">s</hi>.—I produce four pairs of green and one pair of gold—Niner said, "I had them of Mr. Tay
<lb/>lor, a linendraper in St. Giles's, a very respectable man; I hare two sons with him."</p>
<hi rend="smallCaps">
<persName id="t18670107-name-94" type="witnessName">
<interp inst="t18670107-name-94" type="gender" value="male"/>
<interp inst="t18670107-name-94" type="surname" value="RAWKINS"/>
<interp inst="t18670107-name-94" type="given" value="JAMES"/>JAMES RAWKINS</persName> </hi>. I am a hosier, of Holborn Hill—on the 22nd August I bought six pairs of gold tan, 7 3/4 to 8 1/2, for 10
<hi rend="italic">s</hi>. of Niner—they are all sold.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-95" type="witnessName">
<interp inst="t18670107-name-95" type="gender" value="male"/>
<interp inst="t18670107-name-95" type="surname" value="LEWIN"/>
<interp inst="t18670107-name-95" type="given" value="CHARLES"/>CHARLES LEWIN</persName> </hi>. I was at this time a hosier, of the Edgware Road—on the 2nd August I bought three pairs bright green ladies' 7 3/4 of Niner, at 31
<hi rend="italic">s</hi>. a dozen—I produce two pairs of them.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-96" type="witnessName">
<interp inst="t18670107-name-96" type="gender" value="male"/>
<interp inst="t18670107-name-96" type="surname" value="HOOK"/>
<interp inst="t18670107-name-96" type="given" value="GEORGE"/>GEORGE HOOK</persName> </hi>. I am town traveller to Abbott and Co., of Cheapside—on, I think, the 26th July I was in Taylor's shop, and saw some of Dent's gloves—Niner was there—I had half a dozen pairs, which I sold to Bicknell—I went for some more, and Taylor said, "I cannot let you have them, as I have promised them to another man;" this was a week after the 26th July—I was at Taylor's when the detectives came in, and afterwards when I called again Taylor said, "I believe those gloves were stolen, as the detectives were inquiring about them; I bought them of a respectable man, who I have known all his life; indeed I think I went to school with him"—I saw Taylor show the detectives a receipt, which he took off his file—it was in business hours I got the gloves.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> How many detectives were there?
<hi rend="italic">A.</hi> Two—I got the gloves perhaps a month before that, not from Taylor or Niner, but from his principal in the shop—no gloves were shown to me when I went the second time, but I saw some on the back counter; I can
<lb/>not say what quantity—he said that he believed there was something wrong about them.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You said that Taylor said he believed the gloves were stolen, as the detectives were inquiring about them?
<hi rend="italic">A.</hi> I believe he said both.</p>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> Will you undertake to swear he said both?
<hi rend="italic">A.</hi> No, I believe he used the word "stolen," but I cannot remember—I left the detectives there, they were not examining the gloves.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SEYMOUR</hi>.
<hi rend="italic">Q.</hi> Did you understand him to give</p>
<xptr type="pageFacsimile" doc="186701070018"/>
<p>his reasons about the gloves from the fact of the detectives being there?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> Did you leave the detectives there?
<hi rend="italic">A.</hi> They went up stairs with Mr. Taylor, and I left before they came down.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-97" type="witnessName">
<interp inst="t18670107-name-97" type="gender" value="male"/>
<interp inst="t18670107-name-97" type="surname" value="BICKNELL"/>
<interp inst="t18670107-name-97" type="given" value="THOMAS CHARLES"/>THOMAS CHARLES BICKNELL</persName> </hi>. I am a hosier, of Oxford Street—on 24th August I bought six pairs of Dent's ladies' black gloves 8's of Hook, at 32
<hi rend="italic">s</hi>. a dozen; I produce four pairs.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-98" type="witnessName">
<interp inst="t18670107-name-98" type="gender" value="male"/>
<interp inst="t18670107-name-98" type="surname" value="DAVIS"/>
<interp inst="t18670107-name-98" type="given" value="GEORGE"/>GEORGE DAVIS</persName> </hi>. I am a hosier, of Oxford Street—on 30th August I bought of Niner one dozen gold cape, 20
<hi rend="italic">s</hi>., six pair green at 31
<hi rend="italic">s</hi>., 7 3/4 to 8 1/2—I produce eleven pairs of gold and all the green, 7 3/4.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-99" type="witnessName">
<interp inst="t18670107-name-99" type="gender" value="male"/>
<interp inst="t18670107-name-99" type="surname" value="BURROWES"/>
<interp inst="t18670107-name-99" type="given" value="JAMES"/>JAMES BURROWES</persName> </hi>. I am a hosier, of Oxford Street—on 24th August I bought of Niner two dozen gold cape, 20
<hi rend="italic">s</hi>., 7 3/4 to 8 1/2, half a dozen ladies' green, 7 3/4, at 31
<hi rend="italic">s</hi>., also three dozen gold cape, 7 1/4 to 8 3/4, at 24
<hi rend="italic">s</hi>.—I pro
<lb/>duce all the green and nineteen pairs of gold cape.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">T. G. NINER</hi>.
<hi rend="italic">Q.</hi> You did not sell them in boxes?
<hi rend="italic">A.</hi> No.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-100" type="witnessName">
<interp inst="t18670107-name-100" type="gender" value="male"/>
<interp inst="t18670107-name-100" type="surname" value="BULL"/>
<interp inst="t18670107-name-100" type="given" value="JOHN MARK"/>JOHN MARK BULL</persName> </hi> (
<hi rend="italic">City Police Sergeant</hi>). On 3rd September I went with Niner and Brett to Taylor's, he keeps a haberdasher's shop in Little St. Andrew's Street, Seven Dials—I told Taylor we were two police officers, and wanted to speak to him respecting some gloves—I asked him if he had given Niner any gloves to sell—he said he had—I asked him where he got them—he produced a receipt, signed J. W. Turnbull, for 10
<hi rend="italic">l</hi>.—I asked him if he knew how many there were—he said he did not—I asked him who he bought them of; he said of a man he had seen two or three times in a public-house in Long Acre, and who he had known two or three months—I asked him if he knew his name or could find him—he said that he could find him another day—I believe he took this receipt off a file—I took it away—I went again next morning, and he asked me to look at the receipt to see if there were two signatures to it—I showed it to him, and he said that he bought them of a man named Duck, a carpenter, who he had known all his life and had done jobs for him, but did not know where he lived—we had an appointment at eight o'clock for him to produce Duck, and went but did not see him—I said to Taylor, "I thought Duck would be here"—he said, "I have not been able to find him, I have no doubt I shall find him—he went out to one or two public-houses and endeavoured to find him—I went again next day, the 5th, and Duck was sent for by Taylor—he came in about half an hour—that was the other prisoner—I told him we were two detective officers, and wished him to be candid in his answers—I asked him if he had sold a lot of gloves to Mr. Taylor—he said that he had—I asked him if the receipt was in his writing—he said that it was—I said, "Is your name Duck?"—he said, "Yes"—I said, "How did you come to sign Turnbull?"—he said, "Well, I was to have 1
<hi rend="italic">l</hi>. for selling the gloves; the man who I sold them for could not write, he said his name was Turnbull, and got me to sign 'Turnbull' for him"—I said, "Who is the man, what business is he, and where does he live?"—he said, "I do not know, I have met him two or three times at the Sun, in Gate Street, Lincoln's Inn Fields; he said that he had them from a party he did not intend to pay for them"—Duck told me he was a French polisher, and worked for Jackson and Graham, of Oxford Street, that he did not know the man's name, but that he was a young man about thirty-five, fair, with no whiskers—he wrote this description in my presence two or three days afterwards at the Sun public-house—(
<hi rend="italic">Read</hi>: "A man about five feet nine high, slightly dark complexion, no whiskers, dressed in black, and rather stout")—on Thursday, the 6th, from instruc
<xptr type="pageFacsimile" doc="186701070019"/>
<p>I received, I went with Brett to Taylor's and said, "You have got some more gloves that you have not given up"—he said, "I want none of Mr. Niner's humbuggery," and produced thirteen pairs of gloves—Duck was not present—I am not sure whether Brett had mentioned Mr. Niner's name—I asked Taylor if he gave all the gloves he had from Duck to Niner to sell—he said that he had, or made no answer; I will not pledge myself, as it is four months ago—I did not take Taylor then, I reported it to the solicitor. (
<hi rend="italic">Receipt read</hi>: "July 4th, 1866, Received of Mr. Taylor for a job lot of gloves 10
<hi rend="italic">l</hi>. J. W. Turnbull.")</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> How many times did you see Taylor and Duck up to his apprehension?
<hi rend="italic">A.</hi> Five or six times—I think I saw Duck alone three times at the Sun, in Gate Street, up to 13th Sep
<lb/>tember—it was on the 5th that I first saw him at Taylor's—I also saw them together at Messrs. Hutching's office—Duck was apprehended by Roskelly, on 5th October—he told me where he was employed, and I pointed him out to Roskelly as he left his work—I have no doubt that he remained at his work at Jackson and Graham's the whole time—I had about three interviews with him—I went there because he said he would endeavour to look for the man—I gave him my card and told him if he did not come quickly to give him in custody and bring him to the Old Jewry to me—the Sun is an ordinary-sized public-house, and is frequented by working men—I went there once or twice when I did not see him—I did not go to Jackson and Graham's to see him—I understand he went to the Old Jewry to see me—that is my police address, and is on my card—I have no doubt he called once—I do not know who he saw—there are something like twenty detective officers there, and perhaps 200 people call every day—there is a little brass box or pigeon-hole, and'if it is a matter of importance the clerk or messenger writes it down and puts it in my compartment—I have inquired since the last trial, of the two station sergeants and the messenger, but they have no recollection; perhaps twenty people call in a day for me—I believe, from what Duck has told me, that be called, and from what Tay
<lb/>lor told me also—there is no question that they actually went to Dent's, I suppose that was to get an interview with Mr. Allcroft—Taylor said that he went there to produce Duck—I said, "It is no use; you should go to Messrs. Lawrence, the solicitors"—I believe the managing clerk would not receive Duck's statement—Taylor and Duck went to the solicitors for the prosecution, and wanted an interview with the managing clerk; that was between the 5th and the 12th, because on the 12th I went to Scotland, and it was before that—I was examined on the former trial and stated all that I have to-day.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SEYMOUR</hi>.
<hi rend="italic">Q.</hi> Have you given us the best of your recollection?
<hi rend="italic">A.</hi> Yes; but I will not pledge myself to every expres
<lb/>sion—when I went to Taylor the receipt was taken off a file on which there were several receipts, an ordinary business file—Taylor told me that although he did not know the exact residence of the person from whom he had bought the gloves, he could find him—Taylor went with Duck to Dent and Allcroft's—I believe I told Taylor that I expected, if he ascer
<lb/>tained anything, he would come to me, because Dent's would not give him an interview—that was between the 5th and the 12th—I cannot say whether it was on the 6th—it is very probable that Taylor came with Duck from Allcroft's, and, not finding me, left a card at my office—I have no question that he called at the Old Jewry with Duck, whether he left a card or not, but to the best of my knowledge his card was not</p>
<xptr type="pageFacsimile" doc="186701070020"/>
<p>left—that may have been on the 6th—I did not know Taylor previous to this transaction.</p>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> Did you receive a note from Duck?
<hi rend="italic">A.</hi> No—no note was left at the Old Jewry for me—I did not tell you last time that a note had been put into the pigeon-hole, I said that if it had been left it would have been put into the pigeon-hole—I do not believe I made inquiries regarding the note, because I feel so positive that any note left would find its way to my pigeon-hole—there is a messenger there on purpose.</p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> You received no note?
<hi rend="italic">A.</hi> No; I look at my pigeon-hole every time I go into the office.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-101" type="witnessName">
<interp inst="t18670107-name-101" type="gender" value="male"/>
<interp inst="t18670107-name-101" type="surname" value="BRETT"/>
<interp inst="t18670107-name-101" type="given" value="FREDERICK CHARLES"/>FFREDERICK CHARLES BRETT</persName> </hi> (
<hi rend="italic">City Detective</hi>). I went with Bull and Mr. Niner to Taylor's house on 3rd September—we asked him if he had given any gloves to Niner to sell, he said "Yes," and produced a receipt from a file in the shop, saying that he bought them as a job lot and gave 10
<hi rend="italic">l</hi>. for them, and had given them to Niner to sell; that he bought them of a man in a public-house in Long Acre, who he had known about three months, and should be able to find him—he was asked how many dozen, he said that he did not know—I was present when Duck was asked the same question, he said that he did not know, and that he got them from a man named Turnbull, whom he had met several times at the Sun public-house, Gate Street, Lincoln's Inn Fields, and had 1
<hi rend="italic">l</hi>. for selling them, and that he sold them for 10
<hi rend="italic">l</hi>.—I produced some gloves and asked him if they were that sort which he had sold to Taylor, he said, "Yes."</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SEYMOUR</hi>.
<hi rend="italic">Q.</hi> You made no memorandum?
<hi rend="italic">A.</hi> No; I have only had one case to attend to since, and that was enough, the ship-scuttling case—there is a public-house called the Sun in Long Acre as well—Taylor said he bought them of a man he met in a public-house in Long Acre, and had known him two or three months—he after
<lb/>wards said that he had known him all his life—that was after he said that Duck was the person—it was not explained that Duck was the person who had met him at the public-house—I have not looked over my evidence since the last trial.</p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> You went with Bull on the first occasion; did Taylor mention Duck?
<hi rend="italic">A.</hi> Not at all, nor did he say anything about knowing the person from whom he got the gloves, all his life.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-102" type="witnessName">
<interp inst="t18670107-name-102" type="gender" value="male"/>
<interp inst="t18670107-name-102" type="surname" value="ROSKELLY"/>
<interp inst="t18670107-name-102" type="given" value="THOMAS"/>THOMAS ROSKELLY</persName> </hi> (
<hi rend="italic">Policeman</hi> 68
<hi rend="italic">E</hi>). I took Duck on the evening of the 6th October in Oxford Street, at the corner of Charles Street, as he was leaving his employment—I told him I had a warrant for his appre
<lb/>hension, and he would have to go with me to the station—he merely said that he should like to go home—I took him to the station, searched him, and found on him a pocket-book, which has been given up, in which was this paragraph cut out of a newspaper—I put my initials on it.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> Did you produce this piece of paper on the last occasion?
<hi rend="italic">A.</hi> No; I did not know that I had got it—I thought I had given up the whole of the papers, and I said so, but I found out afterwards that I was mistaken—I found it in this enve
<lb/>lope—I recollect your putting the question, and I said that to the best of my belief this was given up also—I was aware it existed, because the name of Turnbull is on it—I put it with other memoranda of my own in my desk in this envelope—I took it out of the pocket-book at the station when he was charged—there was nothing in the pocket-book</p>
<xptr type="pageFacsimile" doc="186701070021"/>
<p>in reference to this charge, but I picked this out of the lot and left the pocket-book at the station in Sergeant Smith's custody—I gave him all in the pocket-book except this paper—I believe I found it in the envelope, but I have executed fifty warrants since, and I really forget—the moment I found it I went to the solicitor and put this writing on it—the pocket-book was given up to the prisoner, and a receipt taken in the usual way next morning, and I thought this was given up—this is my writing on the back, "The advertisement
<hi rend="italic">re</hi> Turnbull"—I wrote that subsequently—I took it from his pocket-book, read it, and handed it to the inspector—it was in a plain envelope, and I did not take much notice of it—I recollect showing it to Brett at the time, who said that it was of no importance—I did not read it—I only know that Turnbull name was there, and that Turnbull was the name on the receipt—I do not know how this paper came into my possession again—I found it in my desk—I did not hand the things over to the prisoner, Sergeant Smith did, and this paper must have 'been then put into my hands—I found it in an en
<lb/>velope and knew what it was, and put it in my desk at the station—when I said on the last occasion that to the best of my belief it was given to the prisoner I did not know that I had it in my desk—as soon as I found it I sent it to the attorneys for the prosecution, and since the last trial I put this on it—I looked in my desk and found it after your questions on the last occasion—I did not know where to go and find it, I had great dif
<lb/>faculty in finding it because it was among a lot of other papers—these are my initials, T. R.—the moment I found it I put my initials on it, that I might know it was the same.</p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> You were not the officer engaged in the case, you were only executing the warrant?
<hi rend="italic">A.</hi> That was all—it is my duty to take all property found in a prisoner's possession, and I did that duty in respect of the prisoner Duck, and the property was pnt with the acting inspector, the sergeant on duty at the station, who has a private cupboard for such things—the things taken from Duck were put in that private cupboard, and when he was bailed they were restored to him, which is the practice, unless there is anything particular—I did not attach the slightest importance to it until I was asked about it on the last occasion.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-103" type="witnessName">
<interp inst="t18670107-name-103" type="gender" value="male"/>
<interp inst="t18670107-name-103" type="surname" value="TURNBULL"/>
<interp inst="t18670107-name-103" type="given" value="WILLIAM"/>WILLIAM TURNBULL</persName> </hi>. On the 19th September I appeared before Mr. Commissioner Goulburn as a bankrupt; it was an application for discharge—I know nothing about this receipt or the transaction to which it relates—I do not know that I ever saw either of the prisoners—I have not had rheumatism in my hands or anything to prevent me from writing.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-104" type="witnessName">
<interp inst="t18670107-name-104" type="gender" value="male"/>
<interp inst="t18670107-name-104" type="surname" value="NICHOL"/>
<interp inst="t18670107-name-104" type="given" value="JOHN"/>JOHN NICHOL</persName> </hi> (
<hi rend="italic">re-examined</hi>). These gloves are the same size, quality, and make as those lost, and, with the exception of some few pairs, they correspond in quality also—there are a few pairs less.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-105" type="witnessName">
<interp inst="t18670107-name-105" type="gender" value="male"/>
<interp inst="t18670107-name-105" type="surname" value="STEAD"/>
<interp inst="t18670107-name-105" type="given" value="JOHN"/>JOHN STEAD</persName> </hi> (
<hi rend="italic">re-examined</hi>). These gloves, No. 8, produced, entirely correspond with those missed, in quality, size, make, and quantity.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-106" type="witnessName">
<interp inst="t18670107-name-106" type="gender" value="male"/>
<interp inst="t18670107-name-106" type="surname" value="WESTON"/>
<interp inst="t18670107-name-106" type="given" value="FREDERICK"/>FREDERICK WESTON</persName> </hi> (
<hi rend="italic">re-examined</hi>). I find ten dozen of gloves corre
<lb/>sponding exactly with those which were lost.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-107" type="witnessName">
<interp inst="t18670107-name-107" type="gender" value="male"/>
<interp inst="t18670107-name-107" type="surname" value="AMORE"/>
<interp inst="t18670107-name-107" type="given" value="BRADLEY"/>BRADLEY AMORE</persName> </hi> (
<hi rend="italic">re-examined</hi>). I find gloves corresponding in quality exactly with those which are lost, among these produced.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">GEPRGE HOOK</hi>. You said, "I saw gloves on the back counter, the detectives went up stairs with Taylor, and I came away;" now the first time you said it was after the detectives were gone that Taylor made the statement to you?
<hi rend="italic">A.</hi> Yes, it was the second time I went that the de
<lb/>tectives went up stairs.</p>
<hi rend="italic">The prisoners received good characters.</hi>
<hi rend="smallCaps">
<rs id="t18670107-162-verdict-1" type="verdictDescription">
<interp inst="t18670107-162-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18670107-162-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18670107-163">
<interp inst="t18670107-163" type="uri" value="sessionsPapers/18670107"/>
<interp inst="t18670107-163" type="date" value="18670107"/>
<join result="criminalCharge" id="t18670107-163-charge-1" targOrder="Y" targets="def1-163-18670107 t18670107-163-offence-1 t18670107-163-verdict-1"/>
<join result="criminalCharge" id="t18670107-163-charge-2" targOrder="Y" targets="def2-163-18670107 t18670107-163-offence-1 t18670107-163-verdict-1"/>
<xptr type="pageFacsimile" doc="186701070022"/>
<persName id="def1-163-18670107" type="defendantName">
<interp inst="def1-163-18670107" type="gender" value="male"/>
<interp inst="def1-163-18670107" type="age" value="30"/>
<interp inst="def1-163-18670107" type="surname" value="DUCK"/>
<interp inst="def1-163-18670107" type="given" value="SIMEON"/>
<hi rend="largeCaps">SIMEON DUCK</hi> </persName> and
<persName id="def2-163-18670107" type="defendantName">
<interp inst="def2-163-18670107" type="gender" value="male"/>
<interp inst="def2-163-18670107" type="age" value="34"/>
<interp inst="def2-163-18670107" type="surname" value="TAYLOR"/>
<interp inst="def2-163-18670107" type="given" value="WILLIAM HENRY"/>
<hi rend="largeCaps">WILLIAM HENRY TAYLOR</hi> </persName> were again indicted for
<rs id="t18670107-163-offence-1" type="offenceDescription">
<interp inst="t18670107-163-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18670107-163-offence-1" type="offenceSubcategory" value="simpleLarceny"/> stealing seven and a half dozen pairs of gloves of
<persName id="t18670107-name-110" type="victimName">
<interp inst="t18670107-name-110" type="gender" value="male"/>
<interp inst="t18670107-name-110" type="surname" value="ALLCROFT"/>
<interp inst="t18670107-name-110" type="given" value="JOHN DERBY"/>
<join result="offenceVictim" targOrder="Y" targets="t18670107-163-offence-1 t18670107-name-110"/>John Derby Allcroft</persName> and another, upon which no evidence was offered.</rs> </p>
<hi rend="smallCaps">
<rs id="t18670107-163-verdict-1" type="verdictDescription">
<interp inst="t18670107-163-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18670107-163-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18670107-164">
<interp inst="t18670107-164" type="uri" value="sessionsPapers/18670107"/>
<interp inst="t18670107-164" type="date" value="18670107"/>
<join result="criminalCharge" id="t18670107-164-charge-1" targOrder="Y" targets="def1-164-18670107 t18670107-164-offence-1 t18670107-164-verdict-1"/>
<persName id="def1-164-18670107" type="defendantName">
<interp inst="def1-164-18670107" type="gender" value="male"/>
<interp inst="def1-164-18670107" type="age" value="50"/>
<interp inst="def1-164-18670107" type="surname" value="CLARK"/>
<interp inst="def1-164-18670107" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN CLARK</hi>** (50)</persName>,
<rs id="t18670107-164-verdict-1" type="verdictDescription">
<interp inst="t18670107-164-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18670107-164-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>Pleaded Guilty</rs> to
<rs id="t18670107-164-offence-1" type="offenceDescription">
<interp inst="t18670107-164-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18670107-164-offence-1" type="offenceSubcategory" value="simpleLarceny"/>stealing a carpenter's square of
<persName id="t18670107-name-112" type="victimName">
<interp inst="t18670107-name-112" type="gender" value="male"/>
<interp inst="t18670107-name-112" type="surname" value="TINSON"/>
<interp inst="t18670107-name-112" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18670107-164-offence-1 t18670107-name-112"/>James Tinson</persName>, after a previous conviction.—</rs>
<rs id="t18670107-164-punishment-14" type="punishmentDescription">
<interp inst="t18670107-164-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18670107-164-punishment-14" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-164-18670107 t18670107-164-punishment-14"/>
<hi rend="italic">Confined Twelve Months.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18670107-165">
<interp inst="t18670107-165" type="uri" value="sessionsPapers/18670107"/>
<interp inst="t18670107-165" type="date" value="18670107"/>
<join result="criminalCharge" id="t18670107-165-charge-1" targOrder="Y" targets="def1-165-18670107 t18670107-165-offence-1 t18670107-165-verdict-1"/>
<persName id="def1-165-18670107" type="defendantName">
<interp inst="def1-165-18670107" type="gender" value="male"/>
<interp inst="def1-165-18670107" type="age" value="17"/>
<interp inst="def1-165-18670107" type="surname" value="WOOD"/>
<interp inst="def1-165-18670107" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS WOOD</hi>** (17)</persName>
<rs id="t18670107-165-offence-1" type="offenceDescription">
<interp inst="t18670107-165-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18670107-165-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, to stealing a coat of
<persName id="t18670107-name-114" type="victimName">
<interp inst="t18670107-name-114" type="gender" value="male"/>
<interp inst="t18670107-name-114" type="surname" value="CLEMENTS"/>
<interp inst="t18670107-name-114" type="given" value="HENRY LINCOLN"/>
<join result="offenceVictim" targOrder="Y" targets="t18670107-165-offence-1 t18670107-name-114"/>Henry Lincoln Clements</persName>, after a previous conviction.—</rs>
<hi rend="italic">
<rs id="t18670107-165-punishment-15" type="punishmentDescription">
<interp inst="t18670107-165-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18670107-165-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-165-18670107 t18670107-165-punishment-15"/>Confined Eighteen Months.</rs> </hi>
<rs id="t18670107-165-verdict-1" type="verdictDescription">
<interp inst="t18670107-165-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18670107-165-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18670107-166">
<interp inst="t18670107-166" type="uri" value="sessionsPapers/18670107"/>
<interp inst="t18670107-166" type="date" value="18670107"/>
<join result="criminalCharge" id="t18670107-166-charge-1" targOrder="Y" targets="def1-166-18670107 t18670107-166-offence-1 t18670107-166-verdict-1"/>
<persName id="def1-166-18670107" type="defendantName">
<interp inst="def1-166-18670107" type="gender" value="male"/>
<interp inst="def1-166-18670107" type="age" value="18"/>
<interp inst="def1-166-18670107" type="surname" value="WALKER"/>
<interp inst="def1-166-18670107" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES WALKER</hi>** (18)</persName>
<rs id="t18670107-166-offence-1" type="offenceDescription">
<interp inst="t18670107-166-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18670107-166-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, to stealing one bag and 126 knives of
<persName id="t18670107-name-116" type="victimName">
<interp inst="t18670107-name-116" type="gender" value="male"/>
<interp inst="t18670107-name-116" type="surname" value="GALLIEUSE"/>
<interp inst="t18670107-name-116" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18670107-166-offence-1 t18670107-name-116"/>George Gallieuse</persName>, having been before convicted.—</rs>
<rs id="t18670107-166-punishment-16" type="punishmentDescription">
<interp inst="t18670107-166-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18670107-166-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-166-18670107 t18670107-166-punishment-16"/>
<hi rend="italic">Confined Twelve Months.</hi> </rs>
<rs id="t18670107-166-verdict-1" type="verdictDescription">
<interp inst="t18670107-166-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18670107-166-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18670107-167">
<interp inst="t18670107-167" type="uri" value="sessionsPapers/18670107"/>
<interp inst="t18670107-167" type="date" value="18670107"/>
<join result="criminalCharge" id="t18670107-167-charge-1" targOrder="Y" targets="def1-167-18670107 t18670107-167-offence-1 t18670107-167-verdict-1"/>
<persName id="def1-167-18670107" type="defendantName">
<interp inst="def1-167-18670107" type="gender" value="male"/>
<interp inst="def1-167-18670107" type="age" value="18"/>
<interp inst="def1-167-18670107" type="surname" value="CHANTY"/>
<interp inst="def1-167-18670107" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS CHANTY</hi> (18)</persName>
<rs id="t18670107-167-offence-1" type="offenceDescription">
<interp inst="t18670107-167-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18670107-167-offence-1" type="offenceSubcategory" value="burglary"/>, to burglariously breaking and entering the dwellinghouse of
<persName id="t18670107-name-118" type="victimName">
<interp inst="t18670107-name-118" type="gender" value="male"/>
<interp inst="t18670107-name-118" type="surname" value="CHRISTMAS"/>
<interp inst="t18670107-name-118" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18670107-167-offence-1 t18670107-name-118"/>James Christmas</persName>, and stealing therein three coats and other articles, his property.—</rs>
<hi rend="italic">
<rs id="t18670107-167-punishment-17" type="punishmentDescription">
<interp inst="t18670107-167-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18670107-167-punishment-17" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-167-18670107 t18670107-167-punishment-17"/>Confined Nine Months</rs>.</hi>
<rs id="t18670107-167-verdict-1" type="verdictDescription">
<interp inst="t18670107-167-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18670107-167-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18670107-168">
<interp inst="t18670107-168" type="uri" value="sessionsPapers/18670107"/>
<interp inst="t18670107-168" type="date" value="18670107"/>
<join result="criminalCharge" id="t18670107-168-charge-1" targOrder="Y" targets="def1-168-18670107 t18670107-168-offence-1 t18670107-168-verdict-1"/>
<persName id="def1-168-18670107" type="defendantName">
<interp inst="def1-168-18670107" type="gender" value="male"/>
<interp inst="def1-168-18670107" type="age" value="16"/>
<interp inst="def1-168-18670107" type="surname" value="ROSSITER"/>
<interp inst="def1-168-18670107" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM ROSSITER</hi>** (16)</persName>
<rs id="t18670107-168-offence-1" type="offenceDescription">
<interp inst="t18670107-168-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18670107-168-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, to stealing one coat, the property of
<persName id="t18670107-name-120" type="victimName">
<interp inst="t18670107-name-120" type="gender" value="male"/>
<interp inst="t18670107-name-120" type="surname" value="LINDSEY"/>
<interp inst="t18670107-name-120" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18670107-168-offence-1 t18670107-name-120"/>John Lindsey</persName>.—</rs>
<rs id="t18670107-168-punishment-18" type="punishmentDescription">
<interp inst="t18670107-168-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18670107-168-punishment-18" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-168-18670107 t18670107-168-punishment-18"/>
<hi rend="italic">Confined Six Months.</hi> </rs> And,
<rs id="t18670107-168-verdict-1" type="verdictDescription">
<interp inst="t18670107-168-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18670107-168-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18670107-169">
<interp inst="t18670107-169" type="uri" value="sessionsPapers/18670107"/>
<interp inst="t18670107-169" type="date" value="18670107"/>
<join result="criminalCharge" id="t18670107-169-charge-1" targOrder="Y" targets="def1-169-18670107 t18670107-169-offence-1 t18670107-169-verdict-1"/>
<persName id="def1-169-18670107" type="defendantName">
<interp inst="def1-169-18670107" type="gender" value="male"/>
<interp inst="def1-169-18670107" type="age" value="34"/>
<interp inst="def1-169-18670107" type="surname" value="MALONEY"/>
<interp inst="def1-169-18670107" type="given" value="JAMES DENNIS"/>
<hi rend="largeCaps">JAMES DENNIS MALONEY</hi> (34)</persName>
<rs id="t18670107-169-offence-1" type="offenceDescription">
<interp inst="t18670107-169-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18670107-169-offence-1" type="offenceSubcategory" value="forgery"/>, to feloniously forging and uttering a certain writ of summons; also one other writ of summons;
<hi rend="italic">also</hi> to stealing three sums of 5
<hi rend="italic">s</hi>. each of
<persName id="t18670107-name-122" type="victimName">
<interp inst="t18670107-name-122" type="gender" value="male"/>
<interp inst="t18670107-name-122" type="surname" value="JONES"/>
<interp inst="t18670107-name-122" type="given" value="RICHARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18670107-169-offence-1 t18670107-name-122"/>Richard Jones</persName>, his master.—</rs>
<rs id="t18670107-169-punishment-19" type="punishmentDescription">
<interp inst="t18670107-169-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18670107-169-punishment-19" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-169-18670107 t18670107-169-punishment-19"/>
<hi rend="italic">Confined Twelve Months.</hi> </rs>
<rs id="t18670107-169-verdict-1" type="verdictDescription">
<interp inst="t18670107-169-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18670107-169-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday and Thursday, January</hi> 9
<hi rend="italic">th and</hi> 10
<hi rend="italic">th</hi>, 1867.</p>
<hi rend="italic">Before Mr. Baron Pigott.</hi> </p>
<div1 type="trialAccount" id="t18670107-170">
<interp inst="t18670107-170" type="uri" value="sessionsPapers/18670107"/>
<interp inst="t18670107-170" type="date" value="18670107"/>
<join result="criminalCharge" id="t18670107-170-charge-1" targOrder="Y" targets="def1-170-18670107 t18670107-170-offence-1 t18670107-170-verdict-1"/>
<persName id="def1-170-18670107" type="defendantName">
<interp inst="def1-170-18670107" type="gender" value="male"/>
<interp inst="def1-170-18670107" type="age" value="46"/>
<interp inst="def1-170-18670107" type="surname" value="WILKINSON"/>
<interp inst="def1-170-18670107" type="given" value="JAMES FREELING"/>
<interp inst="def1-170-18670107" type="occupation" value="company director"/>
<hi rend="largeCaps">JAMES FREELING WILKINSON</hi> (46)</persName> was indicted
<rs id="t18670107-170-offence-1" type="offenceDescription">
<interp inst="t18670107-170-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18670107-170-offence-1" type="offenceSubcategory" value="fraud"/> for that be, being a director of the
<persName id="t18670107-name-124" type="victimName">
<interp inst="t18670107-name-124" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18670107-170-offence-1 t18670107-name-124"/>Joint Stock Discount Company Limited</persName>, on the
<rs id="t18670107-cd-1" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18670107-170-offence-1 t18670107-cd-1"/>16th August</rs> unlawfully did apply to bis own use an order for the payment of 4000
<hi rend="italic">l</hi>., the property of the said company. Other counts charging a like offence on the 28th August, with respect to a sum of 860
<hi rend="italic">l</hi>.</rs> </p>
<hi rend="smallCaps">MR. GIFFARD</hi>, Q.C.,
<hi rend="italic">with</hi>
<hi rend="smallCaps">MESSRS. POLAND</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">F.H. LEWIS</hi>,
<hi rend="italic">conducted the Prosecution, and</hi>
<hi rend="smallCaps">MR. COLERIDGE</hi>, Q.C.,
<hi rend="italic">with</hi>
<hi rend="smallCaps">MR. SERJEANT BALLAN
<hi rend="italic">and</hi>
<hi rend="smallCaps">MESSRS. SARGOOD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">SLEIGH</hi>,
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18670107-name-125" type="witnessName">
<interp inst="t18670107-name-125" type="gender" value="male"/>
<interp inst="t18670107-name-125" type="surname" value="LAWSON"/>
<interp inst="t18670107-name-125" type="given" value="WILLIAM"/>WILLIAM LAWSON</persName> </hi>. I am a member of the firm of Camper, Escombe, and Lawson—we are stockbrokers, carrying on business at 4, Adam Street, Old Broad Street—I know the defendant; he was managing director of the Joint Stock Discount Company Limited—from time to time in the years 1864 and 1865 our firm was engaged in buying and selling shares on his behalf personally, at intervals throughout the years 1864 and 1865—he has from time to time made payments on those accounts—some time in August, 1865, we had purchased for him 520 shares in the Joint Stock Discount Company—they were purchased for the account on the 16th August—on that day we were only able to deliver 377 shares—including the price of the 520 shares, the balance owing by the defendant to us on the 16th August was 5016
<hi rend="italic">l</hi>.—the price of the 520 shares taken together was 4257
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—the rest of the 5016
<hi rend="italic">l</hi>. was made up of a sum of 705
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., the balance of an old account; that balance included a sum of about 170
<hi rend="italic">l</hi>. on loans on Hudson's Bay shares; I don't know the exact figures; it was about that amount—on the 16th August, 1865, I sent our clerk, Mr. Ram
<lb/>say, to the defendant, for the purpose of getting a cheque for 4000
<hi rend="italic">l</hi>. on account—he returned without any cheque, and I went over to the com
<lb/>pany's office in Nicholas Lane, and saw the defendant in his private room—I said I required a cheque, and I must have the money, because I had</p>
<xptr type="pageFacsimile" doc="186701070023"/>
<p>paid the money away, and I must have it that afternoon—I said I must have a cheque for 4000
<hi rend="italic">l</hi>. on account—I had not paid the whole away—he told me that he could not pay the money that afternoon, as he had to get the money from another person—I told him I must have it—he then said he would give me a cheque of the company for 4000
<hi rend="italic">l</hi>., which cheque I consented to allow him to pass through our account—he said, "I will give you a cheque for 4000
<hi rend="italic">l</hi>. of the Joint Stock Discount Company, and repay it when I get the money from the third party"—I consented to that, on condition that he should repay the 4000
<hi rend="italic">l</hi>., and no interest should be charged to us, and no security given—I told him I had 377 shares to deliver him that day—those were the ones I had paid for (I delivered the 143 on the 28th August)—I told him I would deliver them as soon as I got them—I then left, and said I would send my clerk over for the cheque—I did so, and he got it and paid it into our bankers, and we were credited with it—our bankers were the Agra and Masterman's—the defendant's company also banked there—on that day, the 16th August, I delivered the 377 shares—the transfers were made out in the ordinary way; they were transferred to Mr. Megaw—we had Mr. Wilkinson's order to that effect—on the 28th August we delivered the remaining 143 shares—the transfers of those shares were also made out to Mr. Megaw—when those remaining shares were delivered the balance to be paid to us was 860
<hi rend="italic">l</hi>.—the remain
<lb/>ing 156
<hi rend="italic">l</hi>. was a dividend that had accrued on the 520 shares; we credited Mr. Wilkinson with that—I can't say whether I saw him with regard to the payment of the balance, 860
<hi rend="italic">l</hi>., on the 28th August; I do not remember—I received this cheque for 860
<hi rend="italic">l</hi>. on the afternoon of the 28th August—I cannot say from whom I received it; it passed through my hands—I re
<lb/>ceived it as the balance of that account—I know Mr. Wilkinson's writing this is his signature (
<hi rend="italic">this was dated the 28th August, 1865, for </hi>860
<hi rend="italic">l., payable to 7660. Signed</hi>
<hi rend="smallCaps">J. F. WILKINSON</hi>,
<hi rend="italic">Managing Director</hi>;
<hi rend="smallCaps">HENRY WHITE</hi>,
<hi rend="italic">Directory</hi>)—I sent that cheque on to our bankers, to be paid in—we were credited with that amount—we gave Mr. Wilkinson credit for that sum in our books, so as to balance the account—that 860
<hi rend="italic">l</hi>. cheque was not a loan to me or my firm in any way, certainly not—we gave no security for it, and paid no interest on it; it was not a loan at all—we paid no interest on the 4000
<hi rend="italic">l</hi>.—I did not at any time repay to Mr. Wilkinson 4000
<hi rend="italic">l</hi>. on the 19th September, or on any other date after—there was no transaction between me and Mr. Wilkinson on the 19th September with regard to the payment of that 4000
<hi rend="italic">l</hi>., or any transaction with reference to 4000
<hi rend="italic">l</hi>. on the 19th September—this cheque for 4000
<hi rend="italic">l</hi>. of the 19th Sep
<lb/>tember, 1865, bears Mr. Wilkinson's signature—I knew nothing at all about that cheque—I never saw it before this prosecution—Mr. Wilkinson made no communication to me about it—I had no concern with any such transaction (
<hi rend="italic">this was dated the 19th September, 1865, for </hi>4000
<hi rend="italic">l. payable to 3030, or bearer, signed as the last.</hi>)</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COLERIDGE</hi>.
<hi rend="italic">Q.</hi> When did you receive this 156
<hi rend="italic">l</hi>. which you passed to Mr. Wilkinson's credit?
<hi rend="italic">A.</hi> I do not know the date, I cannot tell about the date—I was instructed by Mr. Wilkinson to buy and sell shares for himself—we always understood it was his private account; he told us to buy and sell shares—we must have bought the shares before we could carry them over—we could not carry them over unless we had got them—we had not the shares in our possession when we carried them over from time to time—we charged him with the difference, whatever it might be, profit or loss, without being in possession of the</p>
<xptr type="pageFacsimile" doc="186701070024"/>
<p>shares upon which that profit or loss accrued—those differences were from time to time settled between Mr. Wilkinson and us—money passed be
<lb/>tween us on both sides—on 16th August we had 377 shares in our pos
<lb/>session—they were delivered on that day—they had been bought for him at different times—I can't say whether the number of shares we were carrying over for him had remained at 200 for a considerable number of months—I don't remember, our bookkeeper can state that—upon my oath I do not remember—I can't say that they ever stood actually at 200, I know that the total number of shares was 520—I do not know whether they stood at 200 for many months—I won't say they did not—I won't say they did not stand at 200 from November till June, I don't know—whatever shares there were were carried over from time to time—I had 377 shares delivered to me on 16th August—none were actually bought that day, they were paid for on that day—up to 16th August 520 were bought—I don't know how many I had bought within a fortnight of 16th August—I cannot give you the least notion—I should think it would not be the difference between 200 and 520, but I am not certain—I think the price of the 520 shares was 4257
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—some of that was paid on 16th August, and some was paid before that, and the difference of the carrying over, and some of it was paid up to 28th August, as the shares were delivered—the shares may have been delivered in tens, twenties, fifties, or anyhow—it was all paid before 28th August—the 4257
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. was not paid on 26th July—I cannot tell what was owing from the defendant to us on 26th July—doubtless something was, I don't know what—I cannot say that I saw Mr. Wilkinson myself on the subject of these 520 shares before 16th August—the first time I saw him that day was after I had sent Ramsay for a cheque and he had come back without one—I think no one was present when I saw him, I am sure there was not—it was in his own private room at the company's office in Nicholas Lane, in the afternoon I think between twelve and four, I can't give you the time nearer than that—I made no note of it at the time, the interview did not last long—I don't think I ever spoke to Mr. Wilkinson again on the subject—we afterwards had a notice to the effect that the company claimed the sum of 860
<hi rend="italic">l</hi>. from us—I never communicated with Mr. Wilkinson on the subject, we simply sent the account back to the company when we received it—I can't give you the date, I have no idea of it, I only know we sent it back directly it was received—I did not send it back myself, Mr. Capper, my partner, did—I never communicated with Mr. Wilkinson about it after that—I was not examined before the Liqui
<lb/>dator about this matter, Mr. Capper was—I did not then communicate with Mr. Wilkinson—we had had loans from the company from time to time—we always paid interest—I mean to swear that we never had a loan from the company that we did not pay interest for—we had frequent loans, considerable sums, 10,000
<hi rend="italic">l</hi>., perhaps more, I dare say 20,000
<hi rend="italic">l</hi>.—I dare say in the course of a year there have been loans to the amount of 30,000
<hi rend="italic">l</hi>., not in single loans—we might have had 7000
<hi rend="italic">l</hi>. or 8000
<hi rend="italic">l</hi>. at one time—we never had a loan of any kind upon which we did not pay interest—I don't know that we ever had a loan that we repaid on the very day we got it—I should think that would be an exceptional case—I do not remember any such case—we have not had loans without giving security for them—we never had a loan but what we gave security for, stock or shares—I assert positively that on no occasion did we ever receive a loan, great or small, without giving some security besides our own personal security—I under
<lb/>stood the business of the Discount Company to be immense, to the extent of</p>
<xptr type="pageFacsimile" doc="186701070025"/>
<p>hundreds of thousands a day, that was my impression—I should certainly consider that large.</p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> Is there any book here from which you can give approximately the date of the dividend that you received upon these shares?
<hi rend="italic">A.</hi> I think the ledger is here—the bookkeeper made these entries—he is not here, he is gone for—although shares are not actually delivered, we enter into contracts for them—the differences which are paid from time to time do not go into our pocket, but into the pocket of the seller or the buyer, as the case may be—the shares are bought when carried over, though not necessarily delivered—the course of business is to send fortnightly contract accounts—those were sent to Mr. Wilkinson every time, showing the purchase and the prices at which they were purchased and carried over—we send to the customer every fortnight a contract, and an account as between ourselves and the principals (
<hi rend="italic">Mr. Henry Thomas Gird-wood proved the service of a notice on the prisoner on January 8th to produce these contract notes accounts, and other documents relating to these shares</hi>)—It was the rule to settle with Mr. Wilkinson from time to time on the differences—money passed between us—I never heard from him that he had not received the contract notes and accounts—as a rule, one of our boys took them over—in the absence of those notes Mr. Wilkinson could not know what to settle upon—we have in fact settled with him fortnightly upon those accounts, either paying or receiving money.</p>
<hi rend="smallCaps">MR. COLERIDGE</hi>.
<hi rend="italic">Q.</hi> Has not the defendant sent to you for these very things which you say you sent to him, some time since this prosecution, long before yesterday, and been unable to get them?
<hi rend="italic">A.</hi> No, he has not—he has sent, but he has not been unable to get them—he sent for leave to come and make copies of them from our books a week or ten days ago, and we granted permission—we were applied to by Mr. Holt to furnish the names of the persons from whom he bought these shares—they are in court—we did not decline to furnish them to Mr. Holt—we did not furnish them to him, we consented to an accountant coming, but he did not come—I don't know that we declined to furnish them, I did not myself personally—he did apply for them, and I know he has not had them—I learnt that he wanted to know the names of the vendors on these very contracts—that was a week or ten days ago—Mr. Holt did not tell me that Mr. Wilkinson had never had them—I was told that he wanted them to compare with papers that he had got—that was what was told me by the accountant that came to our office; with papers that he had got at other times, with the original contracts—that was the way I understood it—I did not see Mr. Holt—the accountant he sent told me he wanted them to compare with other papers, which I understood to be the original contract</p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> Was it ever suggested that the original contracts that you send to your customers were still in your possession?
<hi rend="italic">A.</hi> No—we keep in our books copies of every account and contract that we send to our customers—in the ordinary course of business the contract notes and accounts do not disclose the names of the persons from whom the shares are bought; not unless they are asked for specially by the client—they must appear in the transfers—the name of the customer for whom we purchase appears in the contract, but not the name of the vendor, we take the responsibility ourselves—after delivering the contract note we are responsible for the delivery of the shares—the dealings with Mr. Wilkinson in this course of busiuess went on for some months—we have dealt with him for two years off and on—he never complained of the non-receipt of</p>
<xptr type="pageFacsimile" doc="186701070026"/>
<p>these contract notes, or of our charging him for carrying over shares not actually in our hands—carrying over shares is a familiar practice on the Stock Exchange, without actually having the shares in your possession at the moment—we could tell by reference to our books when the 520 shares were paid for—it would take a very long time—they were all paid for before 28th August—we paid for the 377 when we got possession of them on 16th August—I do not know what the total amount of the 377 shares was—the demand for the 860
<hi rend="italic">l</hi>. was sent back the moment it was received—from that time until the official liquidator asked us for it again, we had no further demand for it, as far as I know—one of our clerks, the book-keeper, took back the notice—the claim was originally made in 1866—I don't know the date.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-126" type="witnessName">
<interp inst="t18670107-name-126" type="gender" value="male"/>
<interp inst="t18670107-name-126" type="surname" value="CAPPER"/>
<interp inst="t18670107-name-126" type="given" value="GEORGE COPELAND"/>GEORGE COPELAND CAPPER</persName> </hi>. I am senior member of the firm of Capper, Escombe, and Lawson—we have had dealings with Mr. Wilkinson as stockbrokers in buying and selling shares—on the 16th August our firm did not, to my knowledge, borrow a sum of 4000
<hi rend="italic">l</hi>. of the Joint Stock Dis
<lb/>count Company—we received that sum; it was credited to Mr. Wilkinson's account—on the 19th September neither I or my firm, to my knowledge, repaid a sum of 4000
<hi rend="italic">l</hi>. to the Joint Stock Discount Company—I never saw or knew anything about this cheque of the 19th September until this prosecution was commenced—I did not pay interest for the sum of 4000
<hi rend="italic">l</hi>., or give any security—I did not on the 28th August borrow a sum of 860
<hi rend="italic">l</hi>., nor did I pay interest or give security for that sum—there was an account sent charging us with 860
<hi rend="italic">l</hi>.; it was not an account showing any balance, it was merely an interest account; that was received some time in October, 1865, I think it related to a debit and credit interest account upon different sums between us and the Company—I communicated with our ledger-keeper on the subject, Mr. Delachaumette, he brought me the account into the inner office and drew my attention to it—we told him to take it back, and he took it away; I never saw it since before this trial began.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-127" type="witnessName">
<interp inst="t18670107-name-127" type="gender" value="male"/>
<interp inst="t18670107-name-127" type="surname" value="DELACHAUMETTE"/>
<interp inst="t18670107-name-127" type="given" value="LOUIS JOHN"/>LOUIS JOHN DELACHAUMETTE</persName> </hi>. I am a clerk in the service of Messrs. Capper, Escombe, and Lawson, and was so in October, 1865—I remember seeing an account from the Joint Stock Discount Company of interest charged to our firm—I looked at it and compared it with our books, and in consequence of what I noticed I spoke to Mr. Capper on the subject—I showed him the account—from directions he gave me I took it back to the Joint Stock Discount Company's office in Nicholas Lane and left it with one of the clerks—I have never seen it since—I never saw any amended interest account after that, I asked for it several times, but never got one; I applied for one both to Mr. Hill and Mr. Westrop at different times—Mr. Hill was the assistant manager.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-128" type="witnessName">
<interp inst="t18670107-name-128" type="gender" value="male"/>
<interp inst="t18670107-name-128" type="surname" value="BIDEN"/>
<interp inst="t18670107-name-128" type="given" value="EDWARD LAVENDER"/>EDWARD LAVENDER BIDEN</persName> </hi>. I am clerk to Mr. Harding, the official liquidator—I have had the papers of the Joint Stock Discount Company under my management and control, they have been in the liquidator's legal custody and possession—I have made diligent search amongst those papers for an interest account of October, 1865, between the defendant's Com
<lb/>pany and Messrs. Capper—I have been unable to find it—I found one account and produce it—this piece of paper was pinned to it as it is now, bearing a memorandum (
<hi rend="italic">handed in</hi>).</p>
<hi rend="smallCaps">MR. DELACHAUMETTE</hi> (
<hi rend="italic">re-examined</hi>). I think this is the account I took back—I believe it to be the account—I have no doubt of it; it is the very piece of paper. (
<hi rend="italic">Objected to and withdrawn.</hi>)</p>
<xptr type="pageFacsimile" doc="186701070027"/>
<hi rend="smallCaps">MR. CAPPER</hi> (
<hi rend="italic">recalled</hi>).</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>.
<hi rend="italic">Q.</hi> Does the whole of your business come under your attention, or do you leave parts of it to your partners?
<hi rend="italic">A.</hi> I think I may safely say nearly the whole—when we are instructed to buy particular shares we make a bargain with a jobber or broker; there is no written contract between us, it is merely a bargain by word of mouth—I go first to a jobber, if I cannot buy of him at the price I seek among other brokers to see if I can find a seller amongst them; he does it through a jobber; we do not necessarily resort to a jobber, a broker sells without a jobber—we sometimes contract with a broker without a jobber, and never with a contract note, we enter it in our respective books And what we call check the bargain next morning by our clerks reading over what we have done—no document exists between us and the seller; we cannot tell whether he is in possession of the shares at the time we buy, he may or may not be, we don't assume it; very often we know he has them, it is not our business to assume anything—on settling days we are looked to to produce the money, we are bound to pay the differences, and to pay the value of the shares if the seller demands it—it depends upon your credit whether the seller calls upon you to take up the shares; I have never been asked to do so—it is not on those days that we require loans, we may have principals to look to to pay the differences; that is always the case I hope—we never have such black accounts as to require loans I am thankful to say—we have required loans on securities sometimes for principals—that has sometimes been on settling days, not always—we have to make loans of course, it is part of our business on those occasions to borrow money at one price and try and lend it at a higher price, but that is not to pay differences; of course we cannot tell where each sovereign goes; it is very rarely applied to that purpose, it is sometimes—I have seen Mr. Wilkinson several times, and conversed with him upon business transactions—I used to go and see him very nearly every morning—I have seen other persons there—I have seen Mr. Hill sometimes on matters of business and sometimes for chat—I have received cheques from Mr. Wilkinson, I cannot remember whether I have done so individually—I cannot say whether I have or not.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-129" type="witnessName">
<interp inst="t18670107-name-129" type="gender" value="male"/>
<interp inst="t18670107-name-129" type="surname" value="RAMSEY"/>
<interp inst="t18670107-name-129" type="given" value="JOHN"/>JOHN RAMSEY</persName> </hi>. I am a clerk to Messrs. Capper, Escombe, and Lawson, and was so on the 16th August, 1865—I recollect on that day taking over to the office of the Joint Stock Discount Company 377 shares of that com
<lb/>pany—I delivered them, I think, to Mr. Hill, and transfers for them—I made an application for a cheque—I did not receive one at that time—I asked Mr. Hill for a cheque—I afterwards communicated with one of our firm, I do not recollect which—I afterwards received instructions from one of the firm to go again to the office of the company that same day, and on that second occasion I received a cheque for 4000
<hi rend="italic">l</hi>.—I received it from Mr. Hill, to the best of my recollection—I cannot say whether it was a company's cheque or a private cheque of Mr. Wilkinson's—I do not re
<lb/>collect; all I know is it was a cheque, I did not notice the form of it—on that same day I paid in to the Agra and Masterman's bank certain moneys and cheques—this credit slip (
<hi rend="italic">produced</hi>) is my writing—I paid in the sums contained in that to the credit of my principals—I find in this credit slip a cheque for 4000
<hi rend="italic">l</hi>. in their favour—I am able to say I paid that in—it is the only cheque for 4000
<hi rend="italic">l</hi>. on the slip.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COLERIDGE</hi>.
<hi rend="italic">Q.</hi> Were these two occasions the only times you were at the Joint Stock Discount Company's office about</p>
<xptr type="pageFacsimile" doc="186701070028"/>
<p>this matter, when you were sent over about this cheque?
<hi rend="italic">A.</hi> As far as I recollect I believe I saw Mr. Hill on both occasions, on one occasion cer
<lb/>tainly—that was the only day I went over about this 4000
<hi rend="italic">l</hi>.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-130" type="witnessName">
<interp inst="t18670107-name-130" type="gender" value="male"/>
<interp inst="t18670107-name-130" type="surname" value="CHOLMONDELEY"/>
<interp inst="t18670107-name-130" type="given" value="HERMAN"/>HERMAN CHOLMONDELEY</persName> </hi>. In August, 1865, I was in the employment of the Agra and Masterman's bank—I was on duty as receiving clerk on the 16th of that month—this credit slip is one of the forms used by the bank—Messrs. Capper were customers of the bank; the Joint Stock Dis
<lb/>count Company also had an account there—this slip was paid in to the credit of Messrs. Capper on the 16th August—the 4000
<hi rend="italic">l</hi>. cheque was placed to their credit, and was put to the debit of the Joint Stock Dis
<lb/>count Company (
<hi rend="italic">slip read</hi>:—"Agra and Masterman's Bank, Limited, 35, Nicholas Lane, August 16, 1865, credit Capper, Escomb, and Lawson, London, drafts payable in London, 4000
<hi rend="italic">l</hi>.")—I entered the cheque in the receiving book—this is the entry: "16th August, credit of Capper, Escombe, and Lawson, debit of the Joint Stock Discount Company, 4000
<hi rend="italic">l</hi>."—the 4000
<hi rend="italic">l</hi>. mentioned in that slip was a cheque of the Joint Stock Discount Company—I can give no further particulars of the cheque—the cheque is paid at the counter, and is put into a box, and I take it and put it down to the credit of Messrs. Capper, detach the cheques, and put them in two separate boxes, the credit slip I should file for the ledger keeper, and the debit I should put into the debit box—the ledger keepers would have the cheque after that.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COLERIDGE</hi>.
<hi rend="italic">Q.</hi> You do not make the entries in the ledger?
<hi rend="italic">A.</hi> No, only in the cash-book—all I know about it is that I received a cheque and put it in the right place—I am the cash-book keeper—I have nothing to do with the slip until it comes into the cash-box—I make an entry to the debit of the Joint Stock Discount Company, and an entry to the credit of Messrs. Capper, our bank being the bankers of both, no money passing, only the cheque—the cheque represented so much put to the debit of the one and the credit of the other.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-131" type="witnessName">
<interp inst="t18670107-name-131" type="gender" value="male"/>
<interp inst="t18670107-name-131" type="surname" value="MATTHEWS"/>
<interp inst="t18670107-name-131" type="given" value="HENRY PETER"/>HENRY PETER MATTHEWS</persName> </hi>. In August last I was in the employ of Mr. Cannon, the liquidator of the Agra and Masterman's, until the stop
<lb/>page of that bank—I was a clerk there—I was chief ledger keeper—it was part of my duty to take the customers' cheques off the file after they had been entered by the paying clerk into the paying book—on 16th August I find a debit, written by myself, which, in the course of business, would be written from the cheque itself—it is a cheque of the Joint Stock Discount Company, representing a cheque for 4000
<hi rend="italic">l</hi>., the payee being No. 7445—the Joint Stock Discount Company had a pass-book, into the pocket of which all the cheques were put and returned to them—the company sent for their pass-book every morning—I never heard any com
<lb/>plaint that that particular cheque had not been returned—I believe it was returned—it would have been the duty of the pass-book clerk to return them—I agreed the book the following morning.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COLERIDGE</hi>.
<hi rend="italic">Q.</hi> Have you anything by which you can give me the least notion of the time of day at which this would pass?
<hi rend="italic">A.</hi> No; we generally begin to post about twelve or one in the day; that would not indicate the time it came in—it might come in in the early part of the morning, and I might not receive it till one or two—I do not enter them in order, just whichever cheque comes first off the file—I have no means of saying at what time of day this cheque for 4000
<hi rend="italic">l</hi>. was paid in—I should say it was after one o'clock, for I generally went to lunch at twelve, and I never post anything till after one—it might have been paid in early in the morning, perhaps the cash-book would tell.</p>
<xptr type="pageFacsimile" doc="186701070029"/>
<hi rend="smallCaps">MR. COLERIDGE</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">HERMAN CHOLMONDELEY</hi>.
<hi rend="italic">Q.</hi> Can you tell me from any book in the bank about what time in the day a particular cheque is paid in?
<hi rend="italic">A.</hi> No; only if it came in the first thing in the morning it would be entered first in the cash-book—the second that came in would not be entered second—the first lot would be entered before we go to lunch—there is no counter-book, the cash-book is the counter-book—there is no means at all of telling the time a particular cheque comes in—I cannot tell whether this was before or after luncheon—it would be in the early part of the day, from nine to twelve or one—I should think it was about one o'clock, because it comes in about the middle of the business of the day—it is generally at the latter part of the day that we are most busy.</p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> Beyond the situation of the entry on the page, have you any means of ascertaining the time?
<hi rend="italic">A.</hi> No, and that is a con
<lb/>jecture as to the amount of business we have previously done—the entries are not made as each particular document comes in, they are all put into a box anyhow, and you empty the box and enter them as you take them out—it does not follow that the first entry relates to the document that comes first into the bank'—there are four cashiers, and they may each put an article in at the same time—if a clerk happens to take out of the box first that which came in last he would enter it first.</p>
<hi rend="smallCaps">MR. BIDEN</hi> (
<hi rend="italic">re-examined</hi>). I have made diligent search for the 4000
<hi rend="italic">l</hi>. cheque of 16th August among the papers of the Joint Stock Discount Company—I have not been able to find it—this (
<hi rend="italic">produced</hi>) is one of the counterpart books of the company—on 16th August there is a counterpart of a cheque. (
<hi rend="smallCaps">MR. COLERIDGE</hi>
<hi rend="italic">objected to the reading of this counterpart, as it was not shown to be in the defendants handwriting or traced to him</hi>,
<hi rend="smallCaps">MR. GIFFARD</hi>
<hi rend="italic">contended that it was admissable, first because there was proof of an interview with the defendant at which he agreed to hand over a cheque for </hi>4000
<hi rend="italic">l., and secondly that as a manager of the bank every book in the bank would be evidence against him.</hi>
<hi rend="smallCaps">MR. BARON PIGOTT</hi>.
<hi rend="italic">"He promises to send a cheque for a specific amount on a certain day: on that day a cheque is sent for that amount, and now a counterfoil of that amount on that day is tendered, and I admit it."</hi>) (
<hi rend="italic">Read:—"No. 7445. </hi>4000
<hi rend="italic">l. paid Capper, Escombe, and Lawson" There was no date to the particular counterfoil, but a previous counterfoil was dated 16th August.</hi>)</p>
<hi rend="smallCaps">
<persName id="t18670107-name-132" type="witnessName">
<interp inst="t18670107-name-132" type="gender" value="male"/>
<interp inst="t18670107-name-132" type="surname" value="MILDRED"/>
<interp inst="t18670107-name-132" type="given" value="FREDERICK"/>FREDERICK MILDRED</persName> </hi>. I was in the employment of the Agra and Masterman's Bank in 1865—Messrs. Capper, Escombe, and Lawson had a drawing account there—on 28th August I was doing duty as receiving waste-book clerk—on that day I find a credit to Messrs. Capper of 10,549
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>.—that credit consisted of seven cheques—they were paid in on a paying-in credit slip, particularising the amounts of the drafts—I have it here—one cheque forming part of that amount was for 860
<hi rend="italic">l</hi>. of the Joint Stock Discount Company—I have no date of the cheque—it was. paid in on 28th August—I have not got the No. it was payable to, that would be in another book.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-133" type="witnessName">
<interp inst="t18670107-name-133" type="gender" value="male"/>
<interp inst="t18670107-name-133" type="surname" value="MATTHEWS"/>
<interp inst="t18670107-name-133" type="given" value="HENRY PETER"/>HENRY PETER MATTHEWS</persName> </hi> (
<hi rend="italic">re-examined</hi>). A cheque for 860
<hi rend="italic">l</hi>., payable to No. 7660, dated 28th August, is entered in the ledger to the credit of Messrs. Capper, and to the debit of the Joint Stock Discount Company—it is Mr. Cholmondeley's entry.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-134" type="witnessName">
<interp inst="t18670107-name-134" type="gender" value="male"/>
<interp inst="t18670107-name-134" type="surname" value="WHITE"/>
<interp inst="t18670107-name-134" type="given" value="HENRY"/>HENRY WHITE</persName> </hi>. I am a merchant carrying on business at 16, Bishopsgate Street Within—I was from the commencement one of the directors of the Joint Stock Discount Company Limited—the defendant was from its</p>
<xptr type="pageFacsimile" doc="186701070030"/>
<p>commencement the managing director; it began, I think, on the 1st March, 1863—before the formation of the company the defendant had been a discount broker on his own account—I was one of the persons originally signing the memorandum of association—the company was partly formed on the basis of purchasing the defendant's business; they did purchase it—I from time to time attended as one of the directors of the company—the cheques were signed by one director and the managing director—they always had the signature of the managing director—in his absence the sub-manager or assistant manager, Mr. Hill, signed for him—each director took a rota of one week to attend.</p>
<hi rend="italic">Q.</hi> What was the course of business pursued while you were a director with reference to the granting of loans and the acceptance of securities?
<hi rend="italic">A.</hi> The business was usually conducted by Mr. Wilkinson alone—he had power to grant loans and to negotiate the ordinary business of the company—the particular securities were not submitted to the consideration of the directors in ordinary transactions; by that I mean the ordinary business of discount and granting loans from day to day; that was the ordinary business of the bank; any special matters that Mr. Wilkinson did not like to take upon himself to operate in he referred to the weekly meeting of the board—it depended entirely upon himself whether he referred them—they would be introduced through the secretary generally; the managing director would be cognisant of the transaction and probably would direct the secretary to bring the matter before the board—I was on the rota of directors attending in August, 1865—I signed both these cheques—in the register of cheques signed there is an entry not in Mr. Wilkinson's writing but of one of the clerks. (
<hi rend="smallCaps">MR. GIFFARD</hi>
<hi rend="italic">proposed to read this entry, con
<lb/>tending that the defendant, as managing director of the company, was respon
<lb/>sible criminally for everything that appeared on the books, and that as a director and shareholder, the books were his in point of law.</hi>
<hi rend="smallCaps">MR. BARON POGOTT</hi>
<hi rend="italic">could not see how the entry could affect the defendant unless he was shown to have the book under his notice; it would be better to carry the evidence further.</hi>) During the day this book was laid upon the table in the board-room—it is headed, "Cash balances and cheques signed, Board-room"—in the ordinary course of things Mr. Wilkinson was not in the board-room; he was a member of the board, and at the weekly meetings he usually attended, unless occupied in other business of the company—this book always lay on a side table at these meetings, for the purpose of reference if necessary—I cannot call to mind any particular instance in which it was referred to—at the weekly meetings the general business of the company during the week preceding was brought under the notice of the directors; results were stated, every transaction was noted in books which were placed on the table for every director to see—only any special business that required to be referred to the board was brought to the knowledge of the directors who were present—the secretary always read the minutes of the previous meeting, and they were confirmed by the signature of the chairman, and the cash balances were read out; the chairman for the time being read them from the minutes; the different balances at the bankers on that particular day or the day previous, at four o'clock, were noted by him; any transfers of shares that were made during the week were always noted, and then came such special business as the secretary had instructions to bring under our notice—if a loan for 4000
<hi rend="italic">l</hi>. was granted it would not be specially brought under our notice, it would be entered in the loan-book, and, the book being on the table, any of the directors could see it—</p>
<xptr type="pageFacsimile" doc="186701070031"/>
<p>the loan-books and discount-books were always laid on the table every board day, to allow the directors to see what business had been done during the week—Mr. Wilkinson would have the management of the loan—the existence of the loan would first find its way into the banker's cheque-book—a cheque would be written for the amount, from that it would go into the cash-book; that would be done by the cashier, of course under the direction of Mr. Wilkinson—all loans ought to appear in this book—Mr. Wilkinson had the general superintendence of all the business; he used to receive bills from various customers of the company and discount them—I was present constantly when he received bills from different parties, and said that they would be discounted—he handed them to the clerk whose duty it was to receive them, and they were then entered into a book and passed through in the usual way—I can't say that I ever saw him over look that book—I have no recollection of ever having seen him with that book before him—this book was for the informa
<lb/>tion of the directors on rota—the cheques when they were signed were entered here—this book had nothing to do with the managing director—I fancy it was simply for the information of the directors on rots (
<hi rend="italic">the book was withdrawn</hi>)—This book (
<hi rend="italic">produced</hi>) is the cash-book—I am not familiar with it—I have seen it in the office of the company, on one of the desks in the general office—I mean where the business with the public is carried on, in the lower room—I have seen Mr. Wilkinson there daily—his room is off the general office; it is a continuation of it—there is simply a glass screen between—he was generally there from ten or eleven till four, either in the office or in his own room—this book would contain an account of the receipts and disbursements of the company during the day—that would include loans—I don't remember ever seeing that book before Mr. Wilkin
<lb/>son—it might be found necessary to refer to it—the business of the company could not go on without referring to it—the bookkeeper must refer to it to post into his ledger—unless there was any special matter he would not require any orders—he would do so in his capacity—if special orders were necessary, the managing director would be the person to give them, if not, he would post it up in the ordinary course of daily work—as an officer in the establishment he had his particular work to do, and he would do it without any special instructions—he would know which was a loan transaction from instructions from Mr. Wilkinson—if any special date was named for a loan I should look to this book to find it out—I do not remember a transaction of a loan of 4000
<hi rend="italic">l</hi>. to Messrs. Capper, Escombe, and Lawson being brought to my attention by Mr. Wilkinson, or of 860
<hi rend="italic">l</hi>. or any sum at all—this cheque for 860
<hi rend="italic">l</hi>. is signed by me—I have no recollection of the matter to which it refers—I was not at all aware that it was to pay a private debt of Mr. Wilkinson's—I also signed this cheque of 19th September—I know nothing of that transaction—I signed it in the ordinary course of business—it was some transaction entered into by Mr. Wilkinson, and the cheque was brought to me to sign—I was told what it was for and I signed it—I cannot remember it especially—I was not told it would be paid to the credit of our own company—when the clerk brought cheques for signature he always told me for what purpose they were drawn, for loans or repayment, or whatever it might be—I do not remember what I was told about these cheques—the cash-book was kept by one clerk and this by another—I have not the slightest idea of their names—I believe one clerk kept the whole of it—the entries were very numerous—it might require more than one clerk to</p>
<xptr type="pageFacsimile" doc="186701070032"/>
<p>get through the work sometimes—sometimes I signed the cheques first, and sometimes Mr. Wilkinson—usually Mr. Wilkinson signed first.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COLERIDGE</hi>.
<hi rend="italic">Q.</hi> You say there were a number of clerks in the office who each had their appointed duty to perform?
<hi rend="italic">A.</hi> Yes, and as far as I know they performed it—I did not interfere in the matter—Mr. Wilkinson often gave instruction to the clerks in special matters—by the memorandum of association he was to be the managing director of the company, and to have the management of the discounting business thereof, subject to the resolutions of the board of directors—he was to give his whole time and attention to the business of the company, and not engage himself or be concerned in any other business than that of the company—in special matters reference would he had to him—if a loan was applied for, a cheque would be drawn, which would be entered in one book, and from that to another, each clerk performing his ordinary and proper duty in reference to the transaction in the books of the company—the cheque itself would not shew whether it was for a loan or not—the counterfoil would always show it—I believe it was generally nearly always written, "Paid to" such a name, "loan," "discount," "repay
<lb/>ment," or whatever it was—the clerk would take the counterfoil and make the necessary entry, and that would be followed by clerk after clerk in the ordinary course—the transactions of the company were very numerous indeed and very large, sometimes many hundred thousand pounds a day—the aggregate of the dealings of the company during the time it was in operation would be hundreds of millions—at times there was a very great stress on Mr. Wilkinson's time and energies—he from time to time asked for assistance and aid in his work, on the ground that it was too much for him—as far as I know his time was fully occupied with the affairs of the company—he was very seldom absent—he was not always there—Mr. Hill then signed cheques for him—I don't recollect a Mr. Sutton having authority to sign cheques—he was in the office—he was the cashier—before any cheque arrived in the board-room to be signed it always bore the initials of two clerks as well as the signature of the managing director—that was to show that it had passed properly through the office—there was a special regulation to that effect made by directors of the board some short time after the company began business—the two cheques I have looked at are both initialed by two clerks—Mr. Wilkinson was originally a discount broker—we bought his business—that appears from the articles of association—he had the financial operations of the company under his control—his judgment was referred to upon the subject of making advances—that was the main object for which he was looked to—the sum of 800,000
<hi rend="italic">l</hi>. was paid up—there were from time to time periods of difficulty and pressure upon the company, which they bided through till the final smash came—they had large loans from bankers from time to time—there were very large transactions with Mr. Kleman—I am not aware that he was from time to time largely in advance to the company—he used to get bills discounted for us in the market, in the ordinary capacity of a broker—he was largely used by us to get our paper discounted—he was our broker—we had an accountant in the office, a bookkeeper who acted as an accountant—he controlled the general system of bookkeeping, and arranged what books should contain what sort of items—he had nothing to do with the items—I forget his name.</p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> Do you mean Mr. Brand?
<hi rend="italic">A.</hi> I think that was his name, I cannot remember the date of his appointment—I think it was</p>
<xptr type="pageFacsimile" doc="186701070033"/>
<p>about two years before the company stopped payment, in March, 1866—his duties were to keep the general accounts of the company—he did not keep all the books himself, he had to superintend it—I don't know whether he made any original entries—he had nothing to do with the entry of cash payments and receipts; that was done by a clerk in the lower office; he was in an upper room and had the books entirely under his control (
<hi rend="italic">Mr. Brand called</hi>)—I recognise that gentleman as a clerk in the office—I do not refer to him especially—there was a bookkeeper, who he was I do not know—I don't know what his business was; he had to render a balance-sheet—I know that the duties of bookkeeper and accountant were per
<lb/>formed, but I never was brought into immediate contact with the person and cannot tell which gentleman it was that did it—his duties as accountant and bookkeeper were the ordinary duties of that particular occupation—he rendered a general balance of account
<lb/>ant the end of the year; that is all I know about it—so far as I know he had nothing to do with the entry of a particular item on a particular day—I think I said that the loans or discounts usually would appear on the counterfoils of the cheques—it does not appear upon any one of these on the first page; there are four cheques on each page—none appear on the second page; there are in some places; I was under the impression that they were always there.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-135" type="witnessName">
<interp inst="t18670107-name-135" type="gender" value="male"/>
<interp inst="t18670107-name-135" type="surname" value="WILLIAMS"/>
<interp inst="t18670107-name-135" type="given" value="ALFRED ERNEST"/>ALFRED ERNEST WILLIAMS</persName> </hi>. I was a clerk in the Agra and Master-man's bank in September, 1865—this cheque of the 19th September, 1865, has the stamp on it as having been paid in on that day, it was perforated on that day—it is debited in the books to the Joint Stock Discount Com
<lb/>pany in my handwriting—I cannot say to whose credit it was paid in—it would first of all go through the receiving book and then it would come to me—that was the only cheque of that amount debited to the company on that day.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-136" type="witnessName">
<interp inst="t18670107-name-136" type="gender" value="male"/>
<interp inst="t18670107-name-136" type="surname" value="MATTHEWS"/>
<interp inst="t18670107-name-136" type="given" value="HENRY PETER"/>HENRY PETER MATTHEWS</persName> </hi> (
<hi rend="italic">re-examined</hi>). A sum of 70,182
<hi rend="italic">l</hi>. 6
<hi rend="italic">d</hi>. 10
<hi rend="italic">d</hi>. was paid in on the 19th September, 1865, to the credit of the Joint Stock Discount Company—part of that sum was a cheque of their own for 4000
<hi rend="italic">l</hi>. payable to No. 3030—this is the cheque.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-137" type="witnessName">
<interp inst="t18670107-name-137" type="gender" value="male"/>
<interp inst="t18670107-name-137" type="surname" value="MEGAW"/>
<interp inst="t18670107-name-137" type="given" value="JOHN GEORGE"/>JOHN GEORGE MEGAW</persName> </hi>. I am manager of the Merchant Bank—I am on the register for 520 Joint Stock Discount shares and on the contributory list under the winding-up of the company—I became pos
<lb/>sessed of those shares I think on the 30th of August, 1865—I think I had them all together on that date—I had them from a party with whom we had some transactions; I do not know that I should disclose the name of one of the customers of the bank; it was Mr. Kleman, he asked me, as manager of the bank, to make an advance to him upon certain securities, and amongst them were these shares—I did so, and I have the shares (
<hi rend="italic">producing them</hi>)—there are the 520 spoken of—I signed my name as the transferee to all of them—I received no other shares of the Joint Stock Discount Company in August—I have no doubt I sent them down for registration—I advanced 8000
<hi rend="italic">l</hi>. to Mr. Kleman upon these and the other securities which he deposited on or about the 30th August; the amount was afterwards reduced by 1000
<hi rend="italic">l</hi>. in the following February—I should say Kleman had made the application for the loan within a week or ten days prior to the advance—I knew nothing whatever of Mr. Wilkinson in the transaction, I never heard his name mentioned in the matter—I still hold part of those securities—I do not know when I last saw Mr. Kleman, I should think not for six months—I have not the slightest idea what has become of him—I do not know whether he is to be found at his ordinary place of business—I have not looked for him.</p>
<xptr type="pageFacsimile" doc="186701070034"/>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COLERIDGE</hi>.
<hi rend="italic">Q.</hi> Was Mr. Kleman in a very large way of business indeed?
<hi rend="italic">A.</hi> So I have heard—he had only two transactions with us that I remember—I should not say that he was in credit in London at that time—I have heard that he had done a very large business with some great houses—his two transactions with us amounted to some ten or twenty thousand pounds—that was a small matter compared with some amounts—our company has had to pay the calls upon these shares—Kleman deposited with us securities which at that time would a great deal more than cover the advance; they are not so valuable now—a good many things that looked very good at that time went down at the time of the crisis; the decline was very rapid in some of them—it was a Tery severe crisis.</p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> To what extent are you secured in respect of Kle
<lb/>man's advance?
<hi rend="italic">A.</hi> We are secured to the extent; we consider the Joint Stock Discount Company's shares worthless, but we have other securities—they will not cover the advance, he owes us money—I have not taken the slightest trouble to find out where he is, because I don't think he is worth anything.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-138" type="witnessName">
<interp inst="t18670107-name-138" type="gender" value="male"/>
<interp inst="t18670107-name-138" type="surname" value="NUPNOW"/>
<interp inst="t18670107-name-138" type="given" value="EDMUND"/>EDMUND NUPNOW</persName> </hi>. I am clerk to Mr. Straith, bill broker—I was for
<lb/>merly in the service of the Joint Stock Discount Company—I entered their employment on the 18th September, 1865—I was a cashier—there is an entry here in the cash-book in my writing, on the 19th September—this "16th August" is not my writing; that is the writing of a clerk of the name of Sherrar—I don't know what has become of him—there is no writing of mine on that same line—there are several entries in that page in my writing—there is a folio in my writing on the line you speak of, to show that I had posted it into the ledger; that is on the right hand side of the page—some of this entry on the left side of the page, the tenth entry from the bottom, is in my writing—I do not remember anything about it—there is the word "repaid" in my writing, but I do not remember putting it—I have no specific remembrance of that item at all—I do not remember writing it at ail—at the time I wrote it I should say the date in Sherrar's writing was there—it does not look as if it was put in afterwards—I can see clearly that what I wrote was written since the other was written—I should not have written it without directions—I should say I had directions about it—I should not have made an entry without—there were two persons from whom I might have received directions—I do not remember having instructions from anybody, but the only two persons I could have had instructions from would have been Mr. Hill and Mr. Sutton, the two clerks between myself and Mr. Wilkinson—Mr. Sutton has gone abroad I have heard—I may occasionally hare received directions from Mr. Wilkinson, but I very seldom had communication with him—occasionally I may have asked him if such a thing was right—I certainly did occasionally get instructions from him—I have asked him perhaps when I took a cheque to him to sign whether it was to go to such an account, and he would say "Yes"—I never consulted him with reference to entries in the books that I kept; I referred to Mr. Hill and Mr. Sutton, if necessary, on that subject—they were assistant managers—I have frequently seen them with Mr. Wilkinson, I was not presen't to hear in respect of what matters—I have seen them receive instructions, I can't say what instructions—I never saw Mr. Wilkinson give directions to either of them about the books—there is nothing in the fifth entry on the right hand page that is in my writing except the folio, the reference to</p>
<xptr type="pageFacsimile" doc="186701070035"/>
<p>the ledger—the date here is August 16—the word "folio" is not here, only the figure "10"—I put that on the day that I posted the whole of these entries, that would be a few days after the 19th September—as far as I can remember the page was in the same condition it is now when I posted it up—I think the erasure was there when I posted it—the date August 16 was there, as far as I can remember; I have no proof before me, my belief is that it was there as it is now—I have now before me the advance ledger—the whole of the posting is in my writing, and written at the time it purports to bear date—the entry of the 19th September is my writing—the entry is on the 19th September in the cash-book, and I must have omitted It—it has August 16 written against it—I must have missed it entirely in the cash-book at first, and posted up this account until I arrived at the 19th October, and then, finding this entry was missed, I could not interpolate it, so I entered it here, 4000
<hi rend="italic">l</hi>.," with the date of the 19th September against it—I argue from what I see here; I have no distinct recollection of it; I can't say that I have any recollection of it—I did not enter this by any one's direction, it was simply copied from the cash-book—I bring this 4000
<hi rend="italic">l</hi>. from the cash-book—the cash-book bears the date of August.</p>
<hi rend="italic">Q.</hi> What I want to know is how you came to enter this between the 19th and 20th October, aind to copy it as of the date of the 19th September, which is not the date of the original entry?
<hi rend="italic">A.</hi> I missed it altogether first of all in the cash-book, but it certainly was not interpolated here—I did not apply to any one for an explanation of that entry—the next folio in the cash-book is in my writing, 74, referring to 30,000
<hi rend="italic">l</hi>.—I cannot offer any explanation of that beyond that I missed it—this piece of paper pinned to this account is my writing—I don't remember having any instructions to write it—I wrote it after going to Messrs. Capper's office—I had no instructions from any one to write it—I made out the whole of the interest account; it was my duty to do it regularly—Messrs. Capper repudiated the account—upon hearing that I did not apply to any one in our office for instructions—I wrote this of my own accord, without any instructions—there is no date to it; I wrote it shortly before the company stopped, about the end of December, 1865—I have no recollection of showing it to any one in the office—I thought it was only an entry made to Capper's account by mistake, that should have belonged to some other account—I never saw Mr. Wil
<lb/>kinson on the subject of this account of Messrs. Capper's, never to my recollection certainly—if I required instructions in the course of my duty I referred to Mr. Hill and Mr. Sutton—I do not remember referring to either of them when Messrs. Capper repudiated this account, I should say I certainly did not, nor to Mr. Wilkinson—as well as I can remember anything, I never spoke a word to Mr. Wilkinson about it—this is the account, there was no other; it is my writing—the account was not tendered, because this 860
<hi rend="italic">l</hi>. was in dispute—I never made any fresh claim upon them for it, I left it in the hands of Mr. Ball, that was after the company stopped—I did not send in any further account than this.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COLERIDGE</hi>.
<hi rend="italic">Q.</hi> We have heard that Mr. Hill occasionally signed cheques for Mr. Wilkinson; do you know whether Mr. Sutton did also occasionally?
<hi rend="italic">A.</hi> Yes, he did—Mr. Wilkinson was very seldom away—he was away a few days during the twelve months—during his absence Mr. Hill or Mr. Sutton performed his functions—when he was there, but overpressed with business, Mr. Hill often signed cheques.</p>
<hi rend="italic">Adjourned.</hi> </p>
<xptr type="pageFacsimile" doc="186701070036"/>
<hi rend="italic">Thursday, January 10th.</hi> </p>
<hi rend="smallCaps">
<persName id="t18670107-name-139" type="witnessName">
<interp inst="t18670107-name-139" type="gender" value="male"/>
<interp inst="t18670107-name-139" type="surname" value="HILL"/>
<interp inst="t18670107-name-139" type="given" value="ROBERT"/>ROBERT HILL</persName> </hi>. I was assistant-manager to this company—it was my duty to find the money for the financing of the company for the day—I had to raise loans and discount bills, for the purpose of raising money for the wants of the company for the day—I had to do that on bills; that was what in fact I did—I consulted Mr. Wilkinson with reference to the performance of those duties—I always consulted him upon each transaction—this counterfoil of the 28th August for 860
<hi rend="italic">l</hi>. is my writing—I do not at all remember the transaction to which it relates—in the ordinary course of things it would not be part of my duty to draw such a cheque as that without instructions from Mr. Wilkinson—Sherrar would not draw a cheque without instructions—these three counterfoils of the 18th September are either in Mr. Sutton or Mr. Sherrar's writing, I do not know which, it is one or the other—they write so much alike that I cannot distinguish—in the ordinary course the cheque-book was kept on the cashier's desk.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COLERIDGE</hi>.
<hi rend="italic">Q.</hi> When did you join the company?
<hi rend="italic">A.</hi> When it first started; I was brought in by Mr. Wilkinson—I was in constant and intimate relations with him—it was an immense concern, the business done was enormous; I don't know about hundreds oof millions, it might be that, I cannot tell; the pressure upon Mr. Wilkinson at times was very great—I did not of course consult him upon everything I did—he was occasionally absent, not very often—I then had to do the best I could without him—I remember that he was away for nine or ten days—I can't remember when it was; somewhere during the summer I believe—while he was away all the advances were made by me, and I looked into and sanctioned them—I cannot tell you whether as much as 48,000
<hi rend="italic">l</hi>. was advanced to Mr. Kleman during that time—I will not undertake to say it was not so; it might have been so, I really cannot tell—I do not remember—Mr. Kleman had very large transactions with the company—he was sometimes of great assistance to them, and they gave him assistance when he wanted it—I do not remember the facts relating to this 860
<hi rend="italic">l</hi>., I only see that my writing is to this counterfoil; that does not refresh my memory at all—the cheque itself does not lead me to know anything more about it—it has my initials to it—Capper and Lawson had advances made to them by the company from time to time—they were not made by me—if advances were made to them they would be made on stock and shares, and that I should never do—I do not think I have advanced to them when Mr. Wilkinson has been away, I do not remember it, I can't say one way or the other—Mr. Wilkinson's time was very much occupied; he was usually with the directors when they met—if any pressing matters occurred in the office at the time he was engaged with the directors I should refer to him; I should not have acted at all if I could not have got at him—I always could do so by note—I should have sent a message to him if anything had been wanted while he was in the house—I won't say I referred everything to him, but a matter of this sort I should—when it was a plain thing, and one that obviously ought to be done, I did it without referring to him at all—I do not include in that the making of a loan; I should advance a few hundred pounds on bills, but not on stock—I do not remember ever having a case of the sort—if one of our regular customers wanted a few hundred pounds and Mr. Wilkinson was engaged, and it was a thing that obvioubly the company would tlo, I should do it—I do not mean on</p>
<xptr type="pageFacsimile" doc="186701070037"/>
<p>stock, unless it was a very small transaction—I do not remember seeing Mr. Lawson or Mr. Capper about these shares, or Mr. Ramsay; the shares may have been given to me, I really cannot tell, not necessarily so—I cannot remember whether the 377 shares were handed to me—I might have received them, I cannot say—I do not remember anything about the 4000
<hi rend="italic">l</hi>. cheque—I don't think I initialed it—I have not seen it, I don't know—this counterfoil of the 16th August for 4000
<hi rend="italic">l</hi>. is either Mr. Sutton's or Mr. Sherrar's writing,' it is not mine—the initials do not appear to the counterfoil—I do not remember whether I ever had possession of the 4000
<hi rend="italic">l</hi>. cheque, I might have had, I really cannot tell—I do not recollect giving it to Mr. Ramsay—I might have, I cannot tell—I don't remember anything about it—I don't remember the cheque in any way—I do not remember handing the 4000
<hi rend="italic">l</hi>. cheque to Mr. Ramsay and getting from him the 377 shares; it is not a thing I should remember, I was doing so many things in that way; I cannot remember one way or the other—I do not remember whether I received the 143 shares later in the month—I know Saltmarsh, Mr. Kleman's clerk—I do not remember handing to him the 520 shares—such a thin? may have happened, and I may have forgotten it—I left the company before Mr. Wilkinson—I was not a shareholder—I think a Captain Johns was elected a director after I left—I was not present at a meeting where he made a speech, I heard of it and read it—Mr. Wilkinson was in a large way of business before this company was instituted, and making a large income—he is married and has a lot of children—the whole business of the company practically went through his hands, and the company rested very much upon him—he was in very good credit—he could lend 10,000
<hi rend="italic">l</hi>., 20,000
<hi rend="italic">l</hi>., or 30,000
<hi rend="italic">l</hi>. to persons, practically on his own resposibility—I see among the counterfoils of the 19th September a cheque drawn for 30,000
<hi rend="italic">l</hi>., I can't tell whether or not I signed it—I did not draw it—I will not undertake to say that I and Mr. White did not sign a cheque for 30,000
<hi rend="italic">l</hi>. for a loan.</p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> Whenever you did sign a cheque did you do it upon specific instructions or from your general authority?
<hi rend="italic">A.</hi> My general authority—a loan on the security of shares is a transaction that I never remember to have done—I continually signed cheques when Mr. Wilkinson was there; I should not necessarily do so under his directions—if there were a number of cheques that required signing, for discount for instance, if Mr. Wilkinson was busy, they would be brought to me for signature—I should not do so on a loan transaction—if the cheque had already been drawn the transaction would of course have been confirmed by Mr. Wilkinson, and in that case it would be brought to me for signature if he was engaged—I should merely sign the cheque, not negotiate the transaction—(
<hi rend="italic">looking at a cheque for</hi> 30,000
<hi rend="italic">l</hi>.) I do not know anything of this transaction—I cannot tell whether Mr. Wilkinson was there that day—if money was required while Mr. Wilkinson was at the office I should go round to the banker's and negotiate loans with them—I should exercise my own discretion as to the rate of interest, and so on—that was my department, and I should repay loans made to the company—I should not make advances of any kind without consulting him, I might to a small amount on bills, but not on shares—I have done so—I remember a bill-broker having come in and wanted 2000
<hi rend="italic">l</hi>. or 3000
<hi rend="italic">l</hi>., late in the afternoon, on good bills, and I have advanced money upon them—that would be entered in a book of the transactions of the day—I should have spoken to Mr. Wilkinson had he been there, or I should tell him of it afterwards—I should always have it confirmed—</p>
<xptr type="pageFacsimile" doc="186701070038"/>
<p>the signatures to these depositions in Chancery are Mr. Wilkinson's (
<hi rend="italic">read</hi>:) "In Chancery. In the matter of the Companies Act, 1862, and in the matter of the Joint Stock Discount Company Limited. Deposition of James Freeling Wilkinson, called on behalf of the liquidators; sworn the 17th October, 1866; filed 12th November, 1866: states:—I was the managing director of the Joint Stock Discount Company Limited in January, 1866. In the latter part of the month I resigned my office of managing director. In that month there had been rumours of the financial position of the company, and Messrs. Quilter, Ball, and Co. had been occupied in investigating the accounts of the company. The general meeting of the company was held on the 31st of January, 1866. I was present. A committee of investigation was appointed at that meeting, and after their appointment the committee had daily meetings, and so had the board I believe. Johann Gustaf Carl Pontus Kleman was a customer of the company, upon a loan and discount account, which account commenced soon after the company was formed. The nature of our dealings with him was that he would bring bills to us for discount like an ordinary merchant. The company debited him with the cash advanced by the company on bills or otherwise, and credited him with the bills when received, or any cash he might pay. On the 31st of December, 1865, the company was in advance to Eleman to the extent of 30,000
<hi rend="italic">l</hi>. This was a balance unsecured and carried on to the next year. At the end of January, 1866, that balance had increased to the sum of 108,789
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>., which was un
<lb/>secured. None of the advances made to Kleman after the 3rd of February, 1866, were, I believe, brought specifically to the notice of the directors. The advances appear iu the loan ledger, marked T4, and in the advance ledger, marked T5. The advances which had been made to Kleman between the 1st of January and the 1st of February, 1866, which increased the balance to his debit to the sum of 108,789
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>., were not specifi
<lb/>cally brought before the board of directors, nor were any advances gene
<lb/>rally speaking brought before the board, but there was a book which contained every cheque which was drawn, and for whom it was drawn, always upon the board table; in other words, every director who signed a cheque could know for whom it was signed. The directors were in the habit of leaving-cheques signed in blank, that is to say, without any num
<lb/>ber or amount being filled in, and without the name of any payee being put on the counterfoil. Ordinarily the director who was in the weekly rota for signing cheques when he came to the office would go upstairs and sign a lot of cheques, and then go away. I believe that the cheques for the advances which appear to Kleman's debit in the loan ledger were signed in the above manuer. I refer to the account of Messrs. Capper, Escombe, and Lawson, at page 226 of the loan ledger, and as to the item on the debit side under date 28th August, 1865, I say that sum must have been advanced to them with my knowledge and authority, but I do not recollect for what purpose the advance was made. I had no account with them personally, but I had done business with them as brokers. I can't recollect that I was personally indebted to them in the year 1865. The loan ledger was not nor were any books kept under my superintendence. On the 28th August, 1865, a cheque for 860
<hi rend="italic">l</hi>. was paid by the company's bankers out of its funds. Looking at the counterfoil of the cheque No. 7660 at the bankers' pass book, marked 5 L, and the account of Capper, Escombe, and Lawson in the loan ledger, I have no doubt the sum of 860
<hi rend="italic">l</hi>. was paid to Messrs. Capper, Escombe, and Co. by the company on the 28th August,</p>
<xptr type="pageFacsimile" doc="186701070039"/>
<p>1865, as a loan. I should say, generally speaking, that persons applying to the company for a loan would see me before the loan was made. Capper, Escombe, and Co. have applied to me for loans. I have no doubt that Capper, Escombe, and Co. were debtors to the company on the 7th March, 1866, in the balance which appears to their debit in the loan ledger, being 959
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>. in respect of the before-mentioned loan of 860
<hi rend="italic">l</hi>. and interest from the time of the advance."
<hi rend="italic">Further examined on the</hi> 31
<hi rend="italic">st of October</hi>:—"I do not know what the company got from Mr. Kleman for the 12,000
<hi rend="italic">l</hi>. advanced to him on 3rd February, 1866. I cannot tell whether he could have received the money without its passing through my hands, until I see the cheque. No one ought to draw a cheque on the company's funds without authority. I should certainly say that all the cheques drawn in behalf of the company while I was managing director were not drawn by my authority. In practice all the proposals for loans or advances to customers of the company or discount of bills were submitted to me, and were not entertained without my approval. I cannot recollect any single instance of an advance or loan or discount of bills being made by the company to a customer which had not been approved by me. While I was in the office I believe that every advance made to Mr. Kleman by the company was made with my authority. I was away from the office a week in the month of September, and a week or ten days in January, 1866. During my absence I think Mr. Hill performed my duties, but I should not like to say. I believe that advances and discounts were made just the same in my absence as while I was there. During my absence I do not remember that I had correspondence on the affairs of the company. I was at the office in the first week of February, 1866. I have no doubt thai the advance to Kleman of 12,000
<hi rend="italic">l</hi>. on the 3rd February, 1866, was made with my authority. The security which the company would get for the 12,000
<hi rend="italic">l</hi>. would be bills or cheques. It was perfectly well known to the directors that advances were being made to Kleman, and that there was a large balance due from him on the 31st December, 1865, amounting to over 30,000
<hi rend="italic">l</hi>. I was not aware that the balance due from Kleman had increased between the 31st December, 1865, and the 31st January, 1866, to over 100,000
<hi rend="italic">l</hi>., so I never commun
<lb/>icated to the directors. I do not know whether the company had any security for the balance of 108,000
<hi rend="italic">l</hi>. due from Kleman, nor do I know of any book of the company from which that information can be derived. Kleman was a large commission agent. I had an account with him per
<lb/>sonally. He does not owe me anything. There is an open account between us.
<hi rend="italic">Q.</hi> Have you received any money from Kleman? (
<hi rend="italic">The witness objected to answer this and other questions, as relating to private trans
<lb/>actions between himself and Mr. Kleman.</hi>) I have not kept any books since January, 1866. I can't recollect where I recorded my private transactions with Mr. Kleman. They amounted to 30,000
<hi rend="italic">l</hi>. I can't say from what materials I could make out an account between myself and Mr. Kleman or check his account. I have not in my possession any materials, memoranda, or papers from which I could make out an account with Mr. Kleman of any transactions. I have no letters in my possession from Mr. Kleman, and I think I never had to the best of my recollection.
<hi rend="italic">Q.</hi> Do you keep a banking account at the present time? (
<hi rend="italic">The witness declined to answer.</hi>)
<hi rend="italic">Q.</hi> Have you kept a banking account since the 1st of January, 1866? (
<hi rend="italic">The witness declined to answer.</hi>)
<hi rend="italic">Q.</hi> Has Kleman made advances to you from time to time?
<hi rend="italic">A.</hi> He has rendered an account. I do not</p>
<xptr type="pageFacsimile" doc="186701070040"/>
<p>know where Kleman is now. I saw him about two or three months ago in London. I do not know whether any portion of the balance of 108,000
<hi rend="italic">l</hi>. due from Kleman on the 31st January, 1866, has been paid. I look at the advance ledger, marked T6. I do not know what was the balance due from Kleman on the 3rd March, 1866.
<hi rend="italic">Q.</hi> Have you any reason to doubt that the entry to the debit of Kleman at page 12 of Exhibit T6 of 184,838
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>. is correct, and that that sum was on that day due from him to the company?
<hi rend="italic">A.</hi> I know nothing about it. It formed no part of my duty as managing director of the company to receive moneys on account of the company, and I have received no moneys from Mr. Kleman on account of the company since the 31st January, 1866. I decline to answer the question so far as it relates to private transactions between me and Mr. Kleman, inasmuch as there are important questions pending between us relative thereto. I protest against your right to ask a question as to my banking account, but I state that I have had no private banking account since the stoppage of the company.
<hi rend="italic">Q.</hi> What date do you refer to when you speak of the stoppage of the company?
<hi rend="italic">A.</hi> I can give on other answer. I look at the minute book of the company, market T I was present at the meeting of the 1st March, 1866.
<hi rend="italic">Q.</hi> Had the company then stopped payment?
<hi rend="italic">A.</hi> I believe not.
<hi rend="italic">Q.</hi> Had you a banking account on that day?
<hi rend="italic">A.</hi> I can't say.
<hi rend="italic">Q.</hi> By that answer do you mean that you don't know or that you decline to say?
<hi rend="italic">A.</hi> I can't recollect.
<hi rend="italic">Q.</hi> Who were your private bankers before that time?
<hi rend="italic">A.</hi> Bar-nett, Hoare, and Co.
<hi rend="italic">Q.</hi> Have you drawn out all the money that stood to your credit with them?
<hi rend="italic">A.</hi> I decline to answer.
<hi rend="italic">Q.</hi> Where are your old pass books with Barnett, Hoare, and Co.
<hi rend="italic">A.</hi> I have them in my possession.
<hi rend="italic">Q.</hi> And the counterfoils of the cheques you drew upon them?
<hi rend="italic">A.</hi> I may or may not have them.
<hi rend="italic">Q.</hi> Have you, to your knowledge or belief, destroyed any counterfoils of cheques drawn by you on Barnett, Hoare, and Co. since the 1st June, 1866?
<hi rend="italic">A.</hi> Not to my knowledge or belief.
<hi rend="italic">Q.</hi> Then, if not destroyed, they would necessarily be in your possession?
<hi rend="italic">A.</hi> Yes, and I have no doubt they are."</p>
<hi rend="smallCaps">
<persName id="t18670107-name-140" type="witnessName">
<interp inst="t18670107-name-140" type="gender" value="male"/>
<interp inst="t18670107-name-140" type="surname" value="SPUR"/>
<interp inst="t18670107-name-140" type="given" value="RICHARD"/>RICHARD SPUR</persName> </hi>. I am clerk in the office of the Registrar of Joint Stock Companies—I produce the original memorandum of association of the Joint Stock Discount Company Limited, the articles of association, and this is the certificate of incorporation. (
<hi rend="italic">The company was registered on the</hi> 21
<hi rend="italic">st February</hi>, 1863.
<hi rend="italic">Articles</hi> 3, 50,
<hi rend="italic">and</hi> 51
<hi rend="italic">were ready defining the objects of the association and the terms and nature of the defendant's engagement as managing director.</hi>)</p>
<hi rend="smallCaps">
<persName id="t18670107-name-141" type="witnessName">
<interp inst="t18670107-name-141" type="gender" value="male"/>
<interp inst="t18670107-name-141" type="surname" value="BIDEN"/>
<interp inst="t18670107-name-141" type="given" value="EDWARD LAVENDER"/>EDWARD LAVENDER BIDEN</persName> </hi> (
<hi rend="italic">re-examined</hi>). I produce the register of shareholders in this company; the defendant is registered for 100 shares, and was so in 1865.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COLERIDGE</hi>.
<hi rend="italic">Q.</hi> How many shares stand in the name of Mr. Giles Loder?
<hi rend="italic">A.</hi> 500—he has now 1850—I cannot tell from whom they were transferred to him—the share list gives the number of the transfer, but does not show the names of the transferors or transferees—on the 8th February, 1864, 1180 shares stand in Mr. Wilkinson's name—(
<hi rend="italic">referring</hi>)—I find none of the 1850 shares held by Mr. Loder were transferred to him by Mr. Wilkinson; they were transferred by various persons—there are as many as twenty transfers.</p>
<hi rend="smallCaps">MR. POLAND</hi>.
<hi rend="italic">Q.</hi> When the company stopped the defendant was registered as the holder of 100 shares?
<hi rend="italic">A.</hi> Yes—I believe 100 shares is necessary to qualify a director—in February, 1864, he held 1180—on</p>
<xptr type="pageFacsimile" doc="186701070041"/>
<p>the 30th December, 1864, he held 100, and has held them ever since—on the 3rd November, 1863, 1500 shares were tranferred into his name.</p>
<hi rend="smallCaps">MR. HILL</hi> (
<hi rend="italic">re-examined</hi>). I know that the shares which stand in Mr. Loder's name are in truth Mr. Wilkinson's shares; I do not know any
<lb/>thing about the calls—I should think he was the largest shareholder—I have heard about the shares from Mr. Wilkinson, and also from Mr. Loder.</p>
<hi rend="smallCaps">MR. GIFFARD</hi>
<hi rend="italic">proposed to read an entry in the cash-book of September</hi>, 1865.
<hi rend="smallCaps">MR. BARON PIGOTT</hi>
<hi rend="italic">inquired whether it was specifically referred to by the defendant in his deposition, or whether there was any evidence to show that he had personal knowledge of the entry or was ever seen to overlook the book; and upon</hi>
<hi rend="smallCaps">MR. GIFFARD</hi>
<hi rend="italic">replying in the negative, he refused to admit it.</hi> </p>
<hi rend="italic">Martin Tupper Smith, Esq., John Gurney Hoare, Esq., and nine other gentlemen deposed to the defendant's high character, for honour and integrity for many years.</hi> </p>
<hi rend="smallCaps">
<rs id="t18670107-170-verdict-1" type="verdictDescription">
<interp inst="t18670107-170-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18670107-170-verdict-1" type="verdictSubcategory" value="withRecommendation"/>GUILTY</rs> </hi>.
<hi rend="italic">Strongly recommended to mercy by the Jury on account of his previous good character.—
<rs id="t18670107-170-punishment-20" type="punishmentDescription">
<interp inst="t18670107-170-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18670107-170-punishment-20" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-170-18670107 t18670107-170-punishment-20"/>Five Years' Penal Servitude.</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday, January</hi> 9
<hi rend="italic">th</hi>, 1867.</p>
<hi rend="italic">Before Mr. Justice Shee.</hi> </p>
<div1 type="trialAccount" id="t18670107-171">
<interp inst="t18670107-171" type="uri" value="sessionsPapers/18670107"/>
<interp inst="t18670107-171" type="date" value="18670107"/>
<join result="criminalCharge" id="t18670107-171-charge-1" targOrder="Y" targets="def1-171-18670107 t18670107-171-offence-1 t18670107-171-verdict-1"/>
<persName id="def1-171-18670107" type="defendantName">
<interp inst="def1-171-18670107" type="gender" value="male"/>
<interp inst="def1-171-18670107" type="age" value="27"/>
<interp inst="def1-171-18670107" type="surname" value="BICKNELL"/>
<interp inst="def1-171-18670107" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK BICKNELL</hi> (27)</persName>
<rs id="t18670107-171-offence-1" type="offenceDescription">
<interp inst="t18670107-171-offence-1" type="offenceCategory" value="damage"/>
<interp inst="t18670107-171-offence-1" type="offenceSubcategory" value="arson"/>, Feloniously setting fire to his dwellinghouse, with intent to defraud.</rs> </p>
<hi rend="smallCaps">MESSRS. METCALFE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">STRAIGHT</hi>
<hi rend="italic">conducted the Prosecution, and</hi>
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18670107-name-143" type="witnessName">
<interp inst="t18670107-name-143" type="gender" value="male"/>
<interp inst="t18670107-name-143" type="surname" value="GRIFFIN"/>
<interp inst="t18670107-name-143" type="given" value="JAMES"/>JAMES GRIFFIN</persName> </hi> (
<hi rend="italic">Police Inspector K</hi>). On the night of the 5th De
<lb/>cember, a few minutes after twelve o'clock, I went to the prisoner's house, 3, Queen's Terrace, Commercial Road, Rotherhithe—I had been to a large fire at Bow Common, and was called from there by Smith, and rode with the salvage corps men on their waggon—when I arrived I found Sherman in the shop—there is a window in the shop door, the shutter of which was driven in, so that there was a large aperture in the door, and the door was found partly open—there were bolts on both sides, and it was still bolted on the back or hinge side, and the socket of the bolt was strained or bent—the shop was full of smoke, and there was a little fire flickering round the gas pendant at the ceiling—some crinolines were hung about the shop suspended to strings—the firemen were at that moment extinguishing a fire under the counter the further end from the shop door, trampling and kicking it—it consisted of paper, a portion of an umbrella, burnt, and the remains of some children's stays, and rags—the fire under the counter was nine feet distant from the fire round the pendant, taking a vertical line, and the face of the counter would prevent any fire falling under it; you have to go round it or over it to look under—there was no fire between the two I have described—I then went upstairs and found a fire on the floor in the front room and firemen extinguishing it—it corresponded with the fire about the pendant downstairs, only that it was larger on the upper side; it was about fifteen inches square, while that underneath was about nine inches by five—the gas pendant was fixed to the rafters of the ceiling—the burner was three feet four inches from the ceiling—the hole imme
<lb/>diately over the gas pendant was about fifteen inches square and was com
<lb/>pletely destroyed—the whole of that room was on fire; it was charred all</p>
<xptr type="pageFacsimile" doc="186701070042"/>
<p>round—there were two beds in that room about two feet from the square hole and within reach of the flames—I then went to the back room and found the paper all stripped down, from the ceiling downwards, and hang
<lb/>ing in festoons across the door about breast high; it had come clean away from the wall, and the part which had been pasted over the door hung across it; it was as if the paste had been damp, it had come away so easily—before I could get into the room I had to divide the paper by a stroke of my hand, as I could not get in walking upright—I then looked under the bed—there was no fire in that room that I observed, but one of the flooring boards was raised about three-eighths of an inch above the level of the others—this is the board (
<hi rend="italic">produced</hi>)—I examined it again next day, and found it charred on the under side; it smelt strongly of paraffin, which was on the under side, and the edges of the boards on each side were saturated with paraffin—I saw this rubbish (
<hi rend="italic">produced</hi>) taken from immediately under the board; it was tried there and then, and it burnt as an inflammable oil would burn, though it is ordinary plaster—it still smells strongly—a piece of shaving was also lighted and it burnt—I found the ceiling underneath that place stained with oil to the extent of thirty inches by eighteen—I got a fireman to push a long screwdriver through at that spot, and had a portion of the ceiling cut away with an axe, and have a portion of it here—it smells strongly of paraffin—a piece of it was ignited at the police-court by the Magistrate's order, and it burnt with a clear flame, as gas or oil would burn—I examined the plaister round the gas pendant in front of the shop, and it was in a similar state for about forty-one inches by fifteen (the first place was where the gas pipe goes through to the back of the shop)—I found that that burnt clearly also—the fanlight was obscured by a large piece of board, fastened by two screws at either end, which would prevent the flare of the flame being seen from the street—on the floor of the front kitchen I found some sawdust and small chips of wood, showing that somebody had been at work—I have applied them to the board which was taken down from the fanlight and they correspond—a door was missing from the coal cellar, and I found that it was part of it which was over the fanlight—I found the whole of the door—it had been recently sawn, and I found a saw and sawdust on the cloth of the kitchen table—the fireman handed me, in the parlour on the night of the fire, a bottle of paraffin containing nearly a pint, and I found a paper in a box on the sideboard. (
<hi rend="smallCaps">MR. CHARLES YOUNG</hi>,
<hi rend="italic">solicitor, here proved the service of a notice upon the prisoner, and also upon his solicitort to produce his policy of insurance.</hi>) I read the paper to the inspector of the fire brigade, and the superinten-deut of the salvage corps, and then put it back into the same box—I made a search for it afterwards.</p>
<hi rend="italic">Cross-examined. Q.</hi> You say that you found a piece of paper?
<hi rend="italic">A.</hi> Yes, with printing and writing upon it—it was in a little oak box without hinges, about fifteen inches square—there were other papers with it, an agreement for the house, which I read, and the other papers also—there were two papers at least, and a private letter or two, which I did not read.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-144" type="witnessName">
<interp inst="t18670107-name-144" type="gender" value="male"/>
<interp inst="t18670107-name-144" type="surname" value="SMITH"/>
<interp inst="t18670107-name-144" type="given" value="JOSEPH"/>JOSEPH SMITH</persName> </hi>. I am a member of the salvage corps which is attached to the insurance office—I saw Inspector Griffin take a paper from a box on the premises and return it to the box—a few hours after that I saw it in the prisoner's hands, he read some portion of it to me, and I never saw it afterwards—I was left in possession.</p>
<hi rend="italic">Cross-examined. Q.</hi> Did you see Griffin read it?
<hi rend="italic">A.</hi> No, I saw it in</p>
<xptr type="pageFacsimile" doc="186701070043"/>
<p>his hands, and saw him take it out of the box—I believe he read it, but not to me—he opened it, read the contents, and put it back in the box—there was, I believe, another sheet of paper with it—I did not examine it—the prisoner afterwards took a paper of the same size and colour from a little box with the lid broken off, which lay on the right-hand side of the sideboard, and I saw it in his hands when he was sitting by the table in the same room.</p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Did you hear the prisoner read it out?
<hi rend="italic">A.</hi> Yes, it was respecting the stock, tools, and furniture—it was a policy.
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">objected to any secondary evidence of the contents of the policy, as it was not proved to have been effected by the prisoner, or that he was cognisant of its liaving been effected. The</hi>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">considered that that would be a question for the Jury.</hi> </p>
<hi rend="smallCaps">
<persName id="t18670107-name-145" type="witnessName">
<interp inst="t18670107-name-145" type="gender" value="male"/>
<interp inst="t18670107-name-145" type="surname" value="GRIFFIN"/>
<interp inst="t18670107-name-145" type="given" value="JAMES"/>JAMES GRIFFIN</persName> </hi> (
<hi rend="italic">continued</hi>). It was headed "Liverpool, London, and Globe Insurance," and purported to be the insurance of Frederick Bicknell, on his furniture and effects and cooper's tools; but there was a clause that they were not to be used on the premises—the house was stated to be 3, Queen's Terrace, and that it was in trust for his wife, a stay and crinoline manufacturer—the policy was stamped—there was 150
<hi rend="italic">l</hi>. on the furniture and effects, and I think 140
<hi rend="italic">l</hi>. on the stock in trade, 60
<hi rend="italic">l</hi>. on the shop fittings and fixtures, and 50
<hi rend="italic">l</hi>. on cooper's tools, the whole making 400
<hi rend="italic">l</hi>.—the 23rd October was one date, and another was 9th November—I produce a list of the effects in the various rooms, made by a constable and myself, he wrote it while I called them over—those are all the goods which were on the premises—on the night of the fire I saw the prisoner at his house about twenty minutes past one o'clock with his wife, two children, a little servant girl, and two men—he gained access to-the house by the back door—I know that, because I was at the front door, and he did not pass in that way—the salvage corps man called me, and I found the prisoner in the back parlour—I said to him, "Are you the proprietor of this place?"—he said, "I am; this is a mysterious matter; can you account for it? it is a bad job"—I said, "It is to be hoped you are insured?"—he said, "I have been to an office, but it is so recently that I am not sure they will pay me"—I said, "If you have paid your premium and got your receipt and policy they will pay you"—he said, "If they do not I am a ruined man"—we walked about the premises, and there was a good deal of conversation as to where his family should sleep that night—next day I went to the docks with Mr. Rees, who began to ask the prisoner questions—I said, "You had better stop, I am going to apprehend him; I am not allowed to ask him questions, and you cannot do it"—Mr. Rees said, "You are insured in our office; do you mean to make any claim?"—he said, "Of course I must be recompensed" or "compensated for my loss"—I then took him in a cab to Arbour Square Sta
<lb/>tion and charged him—I found a paraffin lamp, on the night of the fire, stand
<lb/>ing on the mantelpiece, the chimney was unattached and lay behind the lamp; the fireman raised it and said, "This lamp is empty"—the brass part of the burner was hanging aside loose—these are termed crinolines (
<hi rend="italic">produced</hi>), but they are not; the waist is sewn together—these three are entirely saturated.</p>
<hi rend="italic">Cross-examined. Q.</hi> How many firemen were there before you arrived?
<hi rend="italic">A.</hi> Two or three from Ratcliff station and a small hand engine—the water had not been playing on the flames, they were kicking it out with their feet, and were just about to use a small hand pump, which you can work out of a bucket of water like a large syringe—a bucket or two of water</p>
<xptr type="pageFacsimile" doc="186701070044"/>
<p>had been thrown before I arrived—I do not know how many, but only on the first floor rooms, which were a little wet—the shop was perfectly dry—they had broken two bars from the landing window where there is a cistern, and they had two buckets—these crinolines are
<hi rend="italic">dummies</hi>, such as tradesmen hang about—the gas meter is under a framework for goods to be exposed upon, in front of the shop under the window, and the pipe is laid from that—it ascends and runs between the ceiling and the flooring to where the pendant is, and afterwards to where the second batch of paraffin was—the gas pipe was melted—there had been a good deal of fire in the front room when I arrived—the flame had spread through the whole of that room—the fire under the counter was nineteen or twenty feet from the meter—ten persons may have arrived before me—I mean to say that I read the paper so carefully as to tell you the contents—the fire was wholly extinguished then, but I stopped to see the proprietor come home, to judge what I should do—I have used the words "a paper which appeared to be a policy of insurance," because I was not allowed to say that it was a policy, but I know what a policy of insurance is, because I am insured myself—the prisoner came home at twenty minutes to one, and remained about half an hour—he sent his wife away first, and there was a tall gentleman named Strannick; he left the house I think before me—there was a great deal of conversation, and he said he was determined on going to the inspectors of the fire brigade, and they should find him a lodging—I had not drawn his attention to the policy, but I asked him if he was insured—he left saying that he would see the super-intendant, and I left just afterwards—Mr. East came down in the morn
<lb/>ing, and after a conversation with him I determined to apprehend the prisoner—I found him at his work—he is a foreman cooper at St. Katherine's Docks—his family had gone to 101, East Street, their servant's house—I had a constable to watch them there—I do not know what became of the prisoner—I had a constable to watch him also—he told me that he should go to the fire brigade station, Wellclose Square, and I found that he did so—I have been close upon twenty-one years in the police, and have been to every fire in the district—flame will not often go round corners, but it will follow a gas escape—I have had my attention drawn to many fires, the cause of which was never discovered, and some were very suspicious ones—fires frequently arise from trifling matters—the paraffin lamp on the back parlour mantelpiece, did not appear to have been overturned, there was no paraffin about, nor was the lamp or the glass broken—the shop goes into both rooms, and there is a room built out beyond, which is used as a sitting-room—there were no candles or matches in the shop, they could not have been burnt there unless they were under the counter—this fanlight would shut the view of the flames out from the street, but that would not apply to the fire on the first floor—I saw that on my arrival, and the windows were cracking and flying—the fire originated in two places, lighted within a minute of each other—I should imagine that the fire upstairs was lighted first, a person would not light the downstairs first and go up afterwards, for fear he should not escape.</p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Did the fire between the floor and the ceiling communicate with the fire in the front room?
<hi rend="italic">A.</hi> Not at all; nor with the counter; there were three independent and distinct fires.</p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> Was the gas turned on at the meter?
<hi rend="italic">A.</hi> It was turned off when I got there.</p>
<xptr type="pageFacsimile" doc="186701070045"/>
<hi rend="smallCaps">
<persName id="t18670107-name-146" type="witnessName">
<interp inst="t18670107-name-146" type="gender" value="male"/>
<interp inst="t18670107-name-146" type="surname" value="SHERMAN"/>
<interp inst="t18670107-name-146" type="given" value="HENRY"/>HENRY SHERMAN</persName> </hi>. I am a photographer, of 3, Queen's Terrace, Com
<lb/>mercial Road, next door to the prisoner—on December 5th, about half-past eleven or twenty minutes to twelve, I heard a cry of "Fire!" and on looking out I saw a fire on the first floor—somebody burst the door open and I went in—I saw the gas pendant alight and the ceiling all round it—I do not think, the burners were alight—I went upstairs and saw the first floor burning, and a bed which I thought the children were in, but there was no one in the house at all—I came down, borrowed a light of a policeman, and turned the gas off, which is under the counter board—I am sure it was on—I saw no fire under the counter—there is a large window-board—I did not go round the counter—I ran through the opening to get to the door—I waited till Inspector Griffin came.</p>
<hi rend="italic">Cross-examined. Q.</hi> Did you see the firemen there?
<hi rend="italic">A.</hi> Yes, I was there before them—I went into the shop before them—I saw the flame playing about the ceiling—the gas was flaming up from the leaden pipe, which was dripping, and that made me turn the gas off—there was no light at the burner, there could not be, because the pipe was uncon
<lb/>nected with the pendant by the pipe burning and melting away—the gas had gone out in the burner—I stayed in the shop about an hour or an hour and a half—I heard the firemen say that there was a fire under the counter, and saw them kick the ash, but I did not see it burning—they went behind the counter and kicked some rags and different things, shavings or something.</p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> How fer was that from the meter?
<hi rend="italic">A.</hi> Twelve or fourteen feet—I might have been half an hour or an hour in the house before the inspector came.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-147" type="witnessName">
<interp inst="t18670107-name-147" type="gender" value="male"/>
<interp inst="t18670107-name-147" type="surname" value="SWANTON"/>
<interp inst="t18670107-name-147" type="given" value="WILLIAM"/>WILLIAM SWANTON</persName> </hi>. I am superintendent of the salvage corps, and have been attached to the fire brigade nearly nine years—on the 5th of December I was at the fire on Row Common, and from information I re
<lb/>ceived I went to the prisoner's house about twenty minutes to twelve—the first floor was burning fiercely about the ceiling of the shop, and the floo
<lb/>ring of the room over it—I managed to put it out, and then returned to the shop and saw a second fire under the counter, twelve or fourteen feet from the level of where the fire was burning on the ceiling—it was a quantity of rubbish and waste paper, and some cuttings like these, used in their busi
<lb/>ness—I saw some crinolines hanging up, to which paraffin or something of that description had been applied—as no water was to be had, I stamped out the fire under the counter, and kicked it about the place—next morning I saw that the ceiling not only in the front but in the back room was stained, showing that oil or grease of some kind had been used, and a board in the back room was half an inch above the level of the ordinary flooring, showing that it had been lifted up and not properly placed back again—I saw that something had been thrown under it, and each side of the board was marked with oil; if the oil had been placed in while the board laid there the board would have been smothered with it as well—I took out some rubbish, applied a light to it, and it burnt as brightly as a candle, or more so, and so did the plaster ceiling underneath, which I tried a piece of—a piece of paper steeped in paraffin could not burn much fiercer—the fanlight over the door was blocked up—I saw some wood and sawdust in the kitchen corresponding with the wood over the fanlight—there is no doubt that the fire in the ceiling originated in the flooring over the ceiling, but not from the gas, and my impression is that it began between the flooring and the ceiling of the shop.</p>
<xptr type="pageFacsimile" doc="186701070046"/>
<hi rend="smallCaps">
<persName id="t18670107-name-148" type="witnessName">
<interp inst="t18670107-name-148" type="gender" value="male"/>
<interp inst="t18670107-name-148" type="surname" value="COOPER"/>
<interp inst="t18670107-name-148" type="given" value="JAMES"/>JAMES COOPER</persName> </hi>. I am foreman of the salvage corps, and hare had fifteen years' experience—I went to the prisoner's house on the night of the fire—it had been burning ten minutes or a quarter of an hour—I noticed the fire in the ceiling—in my judgment it originated between the ceiling and the flooring of the first floor—that must have been independent of the other fire—I assisted in extinguishing a bedstead which was on fire.</p>
<hi rend="italic">Cross-examined. Q.</hi> At what time did you get there?
<hi rend="italic">A.</hi> About half-past eleven—I should not say that the fire had been burning there more than twenty minutes, or half an hour at the outside—it might have burnt longer than ten minutes or a quarter of an hour if the door was kept closed—I was there before any attempt was made to put it out, and had a perfect opportunity of examining it.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-149" type="witnessName">
<interp inst="t18670107-name-149" type="gender" value="male"/>
<interp inst="t18670107-name-149" type="surname" value="GALLARD"/>
<interp inst="t18670107-name-149" type="given" value="RICHARD COLLINS"/>RICHARD COLLINS GALLARD</persName> </hi>. I am a fireman in the salvage corps—I went to the fire at the prisoner's house—after going upstairs I went into the back parlour, and found the window barred with a screw bolt—there were sliding shutters, with a bar and a bolt to screw in; they were bolted—I called one of the men to get a ladder, and get up to the cistern, which is on top of the watercloset, and I went to the staircase to take the water from him through the window—there was no water before that, that I know of.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-150" type="witnessName">
<interp inst="t18670107-name-150" type="gender" value="male"/>
<interp inst="t18670107-name-150" type="surname" value="LOWE"/>
<interp inst="t18670107-name-150" type="given" value="ROBERT"/>ROBERT LOWE</persName> </hi>. I am an auctioneer and valuer, of 2, Southampton Street, Strand—on the 10th and 11th December I valued the furniture left on the premises at 77
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>.—that is, in my judgment, a liberal valuation—the household effects and wearing apparel come to 53
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>., the stock in trade and utensils, 11
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>., business fixtures, 10
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., and cooper's tools, 2
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.</p>
<hi rend="italic">Cross-examined. Q.</hi> Were you sent by the insurance office after the fire?
<hi rend="italic">A.</hi> Yes—I do not know whether they had sent before the fire—in the business fixtures I included a sixteen-feet counter, for which I allowed 30
<hi rend="italic">s</hi>.—the prisoner was not present, nor was there any one to represent him that I know of—several men were there—I think the counter could be put up for less than thirty shillings—there was a gauze wire-blind in a mahogany frame, which I value at seven shillings—I have not got a plate glass front, but there was one—I cannot say the value of it, because I did not notice it—the value would depend on the quality of the work, and whether it was Spanish or Honduras mahogany—it may be worth from ten to twenty-five pounds—twenty-seven shelves are included; I value them at a shilling each—I know of no blinds but the gauze wire-blind which was over the window, dividing the parlour from the shop; it was about two feet three by one foot two, and was an old one before the fire—it was not burnt at all—the gas fittings are included, but not the stoves—I valued the whole at 77
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>., but supposing everything was new I should add another twenty pounds—this is my list (
<hi rend="italic">produced</hi>).</p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Have you allowed for the articles as if before the fire.?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-151" type="witnessName">
<interp inst="t18670107-name-151" type="gender" value="male"/>
<interp inst="t18670107-name-151" type="surname" value="VALENTINE"/>
<interp inst="t18670107-name-151" type="given" value="ALGERNON PELHAM"/>ALGERNON PELHAM VALENTINE</persName> </hi>. I am a clerk in the Liverpool, London, and Globe Insurance Office, Poultry—the prisoner was insured there—I produce an abstract of his policy—it is not the document from which the policy is made out, it is a copy of the policy before it is issued—I examine policies before they go out—I do not receive the premiums—this (
<hi rend="italic">produced</hi>) is the proposal originally sent in—I cannot say who sent it—on the basis of this proposal the policy is prepared, but we have verbal instructions—this is the writing of a clerk in the office—I cannot say his</p>
<xptr type="pageFacsimile" doc="186701070047"/>
<p>name—he writes down the instructions and receives the premium, and upon those instructions he makes out the policy—this policy contains a correct abstract of the policy sent to the prisoner—I had nothing to do with writing it, only with examining it—I handed it over to Mr. Upfold, the policy clerk, who is here.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Is Mr. Upfold the person who receives the proposal?
<hi rend="italic">A.</hi> No; various clerks do that—a reeord is kept in the office of the num
<lb/>bers of the policies and their dates.
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">objected to any evidence of the contents of the policy, and the Court declined to receive it at present.</hi> </p>
<hi rend="smallCaps">
<persName id="t18670107-name-152" type="witnessName">
<interp inst="t18670107-name-152" type="gender" value="female"/>
<interp inst="t18670107-name-152" type="surname" value="STEVENS"/>
<interp inst="t18670107-name-152" type="given" value="ELIZABETH"/>ELIZABETH STEVENS</persName> </hi>. I live with my mother at 101, Heath Street, Stepney—my sister Margaret was the prisoner's servant—I used not to go there, but I went on the evening of the fire about half-past five or twenty minutes to six in the evening—I saw the prisoner there, his wife, three children, and my sister—the prisoner's brother, Mr. Charles Bicknell, afterwards came in an omnibus—my sister took the baby to my mother's at not quite six o'clock, and after she came back Mrs. Bicknell, Mr. Charles Bicknell, my sister, and the two children left for Weston's Music Hall—I do not know where that is—they left about six o'clock, and the prisoner and I remained in the house alone—in about half an hour Mr. Strannick came in—they were in the back parlour and I was in the shop—they re
<lb/>mained there a little time, and then they went upstairs, but I cannot say whether they both went up the first time—they came out from the parlour together—they had a paraffin lamp, and I think Mr. Bicknell was carrying it—they remained ten minutes or a quarter of an hour, and then came back and went into the back parlour, still carrying the lamp—I saw the prisoner carrying it again—they remained some time in the back par
<lb/>lour, and then the prisoner came out and called to me to go out and get some ale—it was then not quite nine—I went out and got the ale—I was not gone many minutes—I took it to them in the back parlour, and after a few minutes I went to get some steak—the fire was out, and I went down and got some wood and the frying pan, lit a fire in the back parlour, and cooked the steak—they remained in the back parlour while I did that, but the prisoner went and shut up the shop—I left about half-past nine or twenty minutes to ten—they were both there then—the kitchen floor was perfectly clean—there was no wood or sawdust about—when I left the prisoner said that he was going to meet Mrs. Bicknell at Weston's Music Hall, for he was well known there—I went out at the shop door, the fanlight was not blocked up then—the bottom of the door is glass, and I think the shutter was over the glass, but am not quite sure—I cannot say whether the door was fastened behind me—about eight months before the fire the prisoner and his family changed into that house from another, and I helped them to move their things—when I left I saw nothing uucommon and did not smell fire.</p>
<hi rend="italic">Cross-examined. Q.</hi> Was the fire in the kitchen out?
<hi rend="italic">A.</hi> Yes; I lighted the back parlour fire to cook a steak—I put some wood on, but no coals—I lighted the wood with paper, which I lit at the top of the gas-burner, because I could not find any matches—the gas in the shop waa alight—I made a good fire.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-153" type="witnessName">
<interp inst="t18670107-name-153" type="gender" value="female"/>
<interp inst="t18670107-name-153" type="surname" value="STEVENS"/>
<interp inst="t18670107-name-153" type="given" value="MARGARET"/>MARGARET STEVENS</persName> </hi>. I had been about three months in the prisoner's employment at the time of the fire—I was with him when he removed to 3, Queen's Terrace—on the 5th December I took Mrs. Bicknell's baby to my mother's at about half-past six—when I came back I waited in the shop and then took a bundle of clothes to the mangling woman—there are</p>
<xptr type="pageFacsimile" doc="186701070048"/>
<p>three children, one is going on for five, and the middle one three, and the youngest is going on for two—the prisoner came home at about half-past five that evening and said, "I have got two orders for Weston's Music Hall, but I will not let you go unless you take Mr. Charles Bicknell with you"—Mrs. Bicknell and Mr. Charles Bicknell and the two children and I went out about seven o'clock to Weston's Music Hall—we got back to the Royal Exchange at about twelve o'clock—I did not see the clock, but as we went by Bennett's clock in Cheapside it was ten minutes to twelve—we waited at the Iioyal Exchange about a quarter of an hour, and then the prisoner came up, and Mr. Strannick—we walked down the street, and on the way home the prisoner said, "You had better not go the front way, because it is bolted up"—we went in the back way, and found the firemen and policemen—I did not see a shutter over the fanlight—on the night before this Mrs. Bicknell sent me with this bottle (
<hi rend="italic">produced</hi>), to get some paraffin oil—the prisoner was there—I filled the lamp with it—the oil used to last about a week when I filled it—I left the rest of the paraffin in the bottle and put it in the cupboard—on Wednesday evening the 5th I was in the kitchen a little before Mr. Bicknell came in—there was no sawdust or bits of wood on the kitchen floor then; it was quite clean—I had scrubbed the kitchen floors that morning—there was no sawdust on the tablecloths—there was no wood over the fanlight when we went to Weston's.</p>
<hi rend="italic">Cross-examined. Q.</hi> Was it the Tuesday you went for the oil?
<hi rend="italic">A.</hi> Tuesday night about six o'clock—the prisoner came home about five o'clock on the Tuesday night, but I caunot exactly say, because they had no clock or watch—I went for the oil after he came home—he had been in the house an hour, I think, before I went for the oil—I bought it of Lawrence, next door—Mrs. Bicknell gave me directions to buy it in the little back room—no one was present but Mr. Bicknell—I am sure he had been in an hour.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-154" type="witnessName">
<interp inst="t18670107-name-154" type="gender" value="male"/>
<interp inst="t18670107-name-154" type="surname" value="BANKS"/>
<interp inst="t18670107-name-154" type="given" value="JOHN ALBERT"/>JOHN ALBERT BANKS</persName> </hi>. I live at 2, Old Church Road, Stepney, and am in the employ of Mr. Lawrence, who sells paraffin oil, and lives next door to the prisoner—I remember Margaret Stevens coming on the 4th December for some paraffin oil, about half-past four o'clock—I had supplied more paraffin that day to the biggest girl.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> To the prisoner's daughter?
<hi rend="italic">A.</hi> Yes; I supplied a pint on the two occasions.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-155" type="witnessName">
<interp inst="t18670107-name-155" type="gender" value="male"/>
<interp inst="t18670107-name-155" type="surname" value="REES"/>
<interp inst="t18670107-name-155" type="given" value="WILLIAM ANDREW"/>WILLIAM ANDREW REES</persName> </hi>. I am one of the surveyors of the London, Liverpool, and Globe Insurance Company—on the 6th December I went with Inspector Griffin to St. Katherine's Docks, and asked the prisoner if his name was Frederick Bicknell—he said, "Yes"—I had this proposal sheet in my hand, and said, "You have a policy in our office, insuring property at 3, Queen's Terrace, No. 860,631"—he said that he did not know the number—I said, "It insures household goods for 140
<hi rend="italic">l</hi>.; stock in trade and utensils for 150
<hi rend="italic">l</hi>.; business fixtures, 60
<hi rend="italic">l</hi>.; and cooper's tools, 50
<hi rend="italic">l</hi>."—he said, "Yes"—I am sure he said, "Yes"—I said, "There has been a fire there; I have seen the premises; can you account for the fire?"—he said, "No"—I said, "I have looked at the articles there, and they appear to be very much over insured; what was the value of your furniture when you took out the policy?"—he said, "About 70
<hi rend="italic">l</hi>."—I said, "Why have you insured for more than there was there?"—Griffin, who had been standing outside, then came into the prisoner's office, and said, "I am going to take him in custody; you had better not ask him questions."</p>
<xptr type="pageFacsimile" doc="186701070049"/>
<hi rend="italic">Cross-examined. Q.</hi> What was your object in asking those questions?
<hi rend="italic">A.</hi> Those arc the questions I always ask after a fire—I was instructed to adjust the loss—I only conversed with him for a minute before Griffin came in—his first answer was that he did not know the number of the policy.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> You have an easy mode, I suppose, of determining who it is effects a policy of insurance?
<hi rend="italic">A.</hi> I have no means, but I suppose they have at the office—they only ask the clerk at the counter—private houses are not surveyed and the furniture estimated before issuing the policy—it is the exception and not the rule.</p>
<hi rend="smallCaps">MR. STRAIGHT</hi>.
<hi rend="italic">Q.</hi> Would persons whose property is worth 70
<hi rend="italic">l</hi>. insure for 400
<hi rend="italic">l</hi>.
<hi rend="italic">A.</hi> No—when the inspector came in I said to the prisoner, "Are you going to make any claim?"—he said, "Yes"—I said, "Are you going to make it out yourself, or going to employ anybody to do it for you?"—he said, "I think I shall make it out myself; I can do it better"—that was the termination.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-156" type="witnessName">
<interp inst="t18670107-name-156" type="gender" value="male"/>
<interp inst="t18670107-name-156" type="surname" value="TAYLOR"/>
<interp inst="t18670107-name-156" type="given" value="RICHARD FELIX"/>RICHARD FELIX TAYLOR</persName> </hi>. I am steam sub-engineer—I saw the prisoner shortly before the fire, I had not known him before—he asked me if he might look at the steamer—I said yes—he looked at it some four or five minutes, and then, asked me how long it took to get up steam—I said it was all according to whether we had the gas under the boiler; if we had gas under it would take four or five minutes, if not, some seven or eight minutes—he said that he was a foreman cooper in St. Katherine's Docks, and his wife kept a crinoline shop in the Commercial Road—he asked me if I remembered the fires which had had happened a few months back at St. Katherine's Docks—I said, "Yes, I was at them"—he inquired how many there were at the station—I said six, and that two of them were special duty men and sometimes were out together for a few hours—he said that he was just insured or just going to insure—he asked me, "How is it I see sometimes three men on the engine and sometimes four?"—I said, "That is all according to the number of men we have at home; if we have four men we leave one to look after the telegraph and take three"—a long time after that he said, "Well, I never had a fire myself and do not want one, and I hope I shall never have one"—he also said, "When you are away with your steamer we shall have no help and no protection what
<lb/>ever if a fire happens in the neighbourhood"—he was talking to me quite three-quarters of an hour.</p>
<hi rend="italic">Cross-examined. Q.</hi> Had there been a fire a very short time before at Mr. Thomas's, the photographer's?
<hi rend="italic">A.</hi> Yes, that is 100 or 120 yards from the prisoner's house on the same side of the way—he said that the man was doing a nice business, and it was a bad job for him—I do not think he asked how much damage had been done; he may have—I think my fellow-servant who was with me answered his question—the first question he asked was about the engine, and then about Thomas's fire.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-157" type="witnessName">
<interp inst="t18670107-name-157" type="gender" value="male"/>
<interp inst="t18670107-name-157" type="surname" value="BLISS"/>
<interp inst="t18670107-name-157" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN BLISS</persName> </hi>. I was present at the conversation between the prisoner and Taylor.</p>
<hi rend="italic">Cross-examined. Q.</hi> Did he first speak about the fire at Thomas's?
<hi rend="italic">A.</hi> Yes, and I believe I said that it was a bad job, for he had got a good connection.</p>
<hi rend="smallCaps">MR. LEWIS</hi>.
<hi rend="italic">Q.</hi> Did he speak about that first?
<hi rend="italic">A.</hi> He spoke about Thomas's first, and then about the engine.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-158" type="witnessName">
<interp inst="t18670107-name-158" type="gender" value="male"/>
<interp inst="t18670107-name-158" type="surname" value="GATEHOUSE"/>
<interp inst="t18670107-name-158" type="given" value="RICHARD"/>RICHARD GATEHOUSE</persName> </hi>. I am a fireman in the Metropolitan Fire Brigade—on 5th December, between nine and ten at night, I was called to</p>
<xptr type="pageFacsimile" doc="186701070050"/>
<p>a fire at Bow Common—I was on the steam engine, and passed through Commercial Road and past the prisoner's house—it was then nine o'clock—I observed no fire or light then.</p>
<hi rend="italic">Cross-examined. Q.</hi> Have not you stated that you were called between nine and ten?
<hi rend="italic">A.</hi> If I said so before the Magistrate I said what I knew to be true at the time—I started from Wellclose Square, which is about a mile and a quarter from the prisoner's house—I was four or five minutes getting ready.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-159" type="witnessName">
<interp inst="t18670107-name-159" type="gender" value="male"/>
<interp inst="t18670107-name-159" type="surname" value="SMITH"/>
<interp inst="t18670107-name-159" type="given" value="WILLIAM"/>WILLIAM SMITH</persName> </hi>. I am an engineer, of 27, King Street, Ratcliff—on 5th December I went to the fire on Bow Common, and in returning I passed the prisoner's house about thirty minutes past eleven, and saw two men leave the back door, and hurry away down the York Road—I was ten or fifteen yards from them, on the opposite side—I did not see their faces, as it was dark—I described one as five feet ten, and the other five feet six—I directly looked up at the house and saw smoke at the back part—I walked to the corner and heard a cracking of glass and a cry of "Fire"—I saw a light both upstairs and downstairs, and ran off to Bow Common for the engines and Inspector Griffin.</p>
<hi rend="italic">Cross-examined. Q.</hi> Have you ever been asked the height of the two men before to-day?
<hi rend="italic">A.</hi> Yes, Inspector Griffin asked me—I was before the Magistrate, but was not called—I told Swanton, the chief of the fire brigade—Griffin asked me the height of the two men, and asked if I could; swear to them—I said no.</p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> How close did you get to the two men?
<hi rend="italic">A.</hi> Be
<lb/>tween ten and fifteen yards, I was on the opposite side of the way; there; was a lamp, but it was dark—I could see their figures.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-160" type="witnessName">
<interp inst="t18670107-name-160" type="gender" value="male"/>
<interp inst="t18670107-name-160" type="surname" value="YOUNG"/>
<interp inst="t18670107-name-160" type="given" value="CHARLES WILLIAM"/>CHARLES WILLIAM YOUNG</persName> </hi> (
<hi rend="italic">re-examined</hi>). I gave notice to Messrs. Lewis and Lewis, the attorneys for the defence, that the last witness would be called.</p>
<hi rend="smallCaps">INSPECTOR GRIFFIN</hi> (
<hi rend="italic">re-examined</hi>). I know Strannick by sight, I have seen him twice, he is rather more than six feet high, and the prisoner is about five feet eight; there is about four inches difference between them.</p>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> Were you in Court when I was examining him?
<hi rend="italic">A.</hi> Yes, when Smith came to the fire he told me that he had seen two men leave the house—I afterwards asked him to describe them, and he gave me their heights—I have not told him that they were taller, but I believe I said, "You are somewhat mistaken as to their heights."</p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> In what clothes were they dressed?
<hi rend="italic">A.</hi> Both in dark clothes, the prisoner had on the same overcoat that he has now.</p>
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">contended that there was no evidence on the Count to defraud, and no evidence to make the prisoner responsible for the details of the policy, which might have been obtained by his wife or any other person; unknown to him.</hi>
<hi rend="smallCaps">MR. METCALFE</hi>
<hi rend="italic">submitted that the intent was laid under the Act of Parlia
<lb/>ment, which made Oie intent to defraud generally, sufficient. The</hi>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">considered that there was evidence for the Jury that the prisoner was insured in the office, and knew the contents of the policyt and that it was sufficient to state the intent to defraud generally.</hi> </p>
<hi rend="italic">Witnesses for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18670107-name-161" type="witnessName">
<interp inst="t18670107-name-161" type="gender" value="male"/>
<interp inst="t18670107-name-161" type="surname" value="STRANNICK"/>
<interp inst="t18670107-name-161" type="given" value="HENRY"/>HENRY STRANNICK</persName> </hi>. I am assistant warehousckeeper in St. Katherine's Docks, and have been in their employ eleven or twelve years—I am twenty-seven years old—I have known the prisoner almost the whole time, but was not in the habit of going to his house till seven months ago</p>
<xptr type="pageFacsimile" doc="186701070051"/>
<p>—I called there on the night of the fire about twenty minutes to seven to pay a bill for a pair of stays made by his wife, which the girl Margaret had brought to my house a few days previously—his family had left, the girl Lizzy was there, and the prisoner was asleep in the back parlour—I knew he was not well and did not wake him, but sat in the parlour till he awoke—I then offered him the money for the stays, but he said that he would not take it, he never interfered in the business—he was going upstairs to change his clothes, and said, "Do not remain there by yourself, come up with me," and he went into a bedroom over the shop—I went into the room with him and remained while he changed a portion of his clothes, we went down together; he had a lamp which he had taken up with him, but I cannot say whether it was brought down—we went into the back parlour, and he finished dressing himself there—the shop was not closed then, he did not shut up till about nine—he shut it up himself—I saw the girl Stevens there, she brought some ale and steak, I ate a portion of it, he was too ill to eat any, and the girl Stevens ate some—she loft at about half-past nine, and we left about ten—the prisoner shut the shop up—the house was closed, he put up the shutters about nine, but did not close up then, he closed up directly the girl left—when he bolted the door he said, "I do not think it is safe to leave the house like that, it is not secure," and that he had got a board which he had prepared some time before, which was too long, and he would go down in the kitchen and saw an inch off—I did not see him saw it, I did not go down with him, but he brought it up and I held it while he fastened it up over the fanlight—it was done that night because he said that he did not think it was safe to leave the fanlight, as there were many bad characters in front of the house, and the house had not been left empty before—we went out at the back entrance—he was perfectly sober—I saw no ladder, nor any paraffin oil on the floor—the shop seemed secure—he left one gas burner burning in the shop, I cannot say how many burners were alight, but all the burners were not alight, he turned down some, but not all—those which were not turned out were full on I think—I did not see the time, but I should think it was ten or a quarter past, I am sure it was not later—we went into the Commercial Road near Whitechapel Church, and through Aldgate, Leadenhall Street, Cheapside, and Holborn, to Weston's—they had left Weston's, and the prisoner asked a gentleman if they were all out; he said that there might be a few gentlemen left—the prisoner said that most likely he should see his wife at the Exchange waiting for a bus—we went to the Exchange and saw them there at a few minutes after twelve o'clock; I returned with them and went into the house, which was in the possession of the police and the firemen, but the fire was out—from the time I left the house with the prisoner, between ten and a quarter past, till we returned with his wife neither he or I went back to the house.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> How did you go from Weston's to the Exchange?
<hi rend="italic">A.</hi> We walked back and got there at a few minutes after twelve—I cannot say whether people come out of Weston's at twelve o'clock, it is two years since I went there—it was not as late as eleven when we came out of the prisoner's house, because the girl left at half-past nine, and I do not think we were in more than half an hour afterwards—we came out together at the back entrance—the prisoner bolted the shop door inside—he screwed the bit of wood into the fanlight—he first proposed to do that after the girl had gone, after he bolted the door—the fanlight is seven or eight feet from the ground</p>
<xptr type="pageFacsimile" doc="186701070052"/>
<p>—there was a pair of steps in the shop—I did not know that he cut up a door—I had not been down in the kitchen—he did not go upstairs again after the girl left—I remained in the back parlour—I could not see the staircase from there, but I could hear if he went upstairs ordi
<lb/>narily—when we went out at the back door he locked it after us and took the key with him—I did not notice anybody as we went out—we did not go into the York Road, but into the Commercial Road—the back door is about ten yards from the Commercial Road—it opens into the York Road, or else we could not leave the house—you get from York Road into the Commercial Road—I saw some crinolines hanging about the shop—I did not notice the ceiling—I went upstairs, because the prisoner said, "Do not stop there by yourself, come up with me"—he changed his clothes soon after I went there—I noticed nothing about the flooring at that time, and I think I should have noticed if it had been raised, because I walked to the window and looked out into the street—I think I can say that the floor was not damaged—he only went up once—I should not like to swear that he did not bring the lamp down with him and blow it out—I am almost positive he blew it out, but I do not remember it—he did not continue to burn it, because there was gas—I do not know where I saw it last, but I think it very probable he brought it down and blew it out—I do not remember whether he took any light when he went down to saw the wood; he must have had the lamp—I cannot remember whether he brought the lamp back when we were screwing the wood up—I have been joint security for him, and a borrower as well, at Aldgate—he was joint security for me when I bor
<lb/>rowed 25
<hi rend="italic">l</hi>. there about three months ago—it is nearly two years ago that I was joint security for him—he renewed it again—it was for 20
<hi rend="italic">l</hi>.—the 25
<hi rend="italic">l</hi>. was lent to me when he was security—after the fire I went to business and remained there all day—I did not hear of the prisoner being taken till after four o'clock that day—all the next day I remained at business, and on Friday I went to business in the morning and was taken ill at two o'clock, and obliged to go into one of the waterclosets—I remained there till about half-past three or four o'clock—my illness was the rupture of a blood vessel—I remained in the watercloset on the premises an hour and a half—I vomited blood before I got to the closet—no one came while I was there—besides the vomiting, there were some sores on my arm—I did not show the inspector and the doctor marks and cuts on my arm; I have-a sore place here, and another here—one is a chilblain and the other a boil—I did not afterwards show a wound on my upper arm—this (
<hi rend="italic">produced</hi>) is not my knife, I have never seen it before—I did not notice it in the closet—on my oath I had not this knife in the closet at the time I was there—I do not see an S on it—I had a doctor previous to seeing the police inspector—I did not write and tell the doctor I had cut my arm by a tin case, I said by a box of fruit—I showed him the sore and told him about my vomiting blood—I did not cut my arm in two or three places in the closet, and it was not from that that the blood came in the closet—I went home after I got out of the closet, and remained at home all day and the next day, but I went up to Mr. Lewis's, at Ely Pluce, the prisoner's attorney, on Monday—I was well enough to do that—I was very bad, but it was necessary, and I went—after that I went back home—I went back to work last Monday week—I did not give Mr. Lewis an
<hi rend="italic">anecdote</hi> of what took place—I did not go to the police-court.</p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Had you been ill before that day?
<hi rend="italic">A.</hi> No, but</p>
<xptr type="pageFacsimile" doc="186701070053"/>
<p>unfortunately the whole family suffer from the complaint—I lost a sister six months ago from decline—the doctor's name is Clark—I actually vomited blood that day—there is no truth in the suggestion of my cutting my arm—on the Thursday, the day after the fire, I went to work as usual, and the prisoner was there—I heard after business that he was apprehended—I was going to leave, with the intention of going to the police-court, and had got as far as I could get, when I was taken with that feeling in my throat, and was so ill in the closet that I was obliged to remain—the doctor saw me next day—I have lived at 2, Wellesley Street, Stepney, four years—I heard of the prisoner's remand and went to Mr. Lewis on Monday, and what was done was under his directions—the prisoner's brother was with Mrs. Bickneli when we met her at the Royal Exchange—the prisoner's house is in Ratcliff, it is a long way from there to Weston's—he and I walked to Weston's—I can say that from the time he and I came down stairs together, before the girl left, he never went up stairs again.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-162" type="witnessName">
<interp inst="t18670107-name-162" type="gender" value="male"/>
<interp inst="t18670107-name-162" type="surname" value="BICKNELL"/>
<interp inst="t18670107-name-162" type="given" value="CHARLES"/>CHARLES BICKNELL</persName> </hi>. I am a brother of the prisoner, and have been a clerk at St. Katherine's Docks, from eighteen months to two years—on he night of the fire I went to his house at about half-past five, and left with Mrs. Bickneli and the two children between six and seven o'clock—we walked to Whitechapel Church and then took an omnibus and went to Weston's Music Hall—there was an arrangement that if the prisoner did not meet us at Weston's, he was to meet us at the Royal Exchange—we rode in an omnibus which was passing Weston's to the Royal Exchange—it was ten minutes to twelve when we passed Bennett's clock, and a few minutes after twelve when we got to the Exchange—we waited a few minutes there and saw my brother "coming from the Poultry, accompanied by Mr. Strannick—that would be the way from Weston's—he joined us and we returned home, we went in the back way and found the police and firemen in possession.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Did the people all leave Weston's by the time you did?
<hi rend="italic">A.</hi> Yes; the place was not closed, but other people were leaving also—they were all leaving—it is closed I believe at twelve o'clock—that was the first time I was there.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-163" type="witnessName">
<interp inst="t18670107-name-163" type="gender" value="male"/>
<interp inst="t18670107-name-163" type="surname" value="PULLEN"/>
<interp inst="t18670107-name-163" type="given" value="JAMES"/>JAMES PULLEN</persName> </hi>. I am a general dealer, of Queen's Terrace, Queen's Road, two doors from the prisoner—I was the first that saw the fire at his house—I saw smoke from the upper windows about eleven o'clock, and went for the engines—I looked down the York Road and saw a man about my height coming out of the premises, that was two or three minutes after I saw the smoke—I am not able to say who it was.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Have you ever said to Inspector Griffiths that you saw one or two men come out, you could not say which?
<hi rend="italic">A.</hi> I told Mr. Griffiths only one man—I did not go to Bow Common for the engine, but to Wellclose Square, that is about half a mile—I got one in' about half an hour and came back with it—I knew the driver of the horse, a man named Orchard—there was no engine there before that—I know the prisoner, but am not a companion of his.</p>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> How long have you known him?
<hi rend="italic">A.</hi> Only since he moved into the house, I never spoke to him—I have only seen him coming out of the house—I knew his personal appearance—I made it my business to speak to Griffin next day—there is no truth in the suggestion that I said one or two men.</p>
<hi rend="smallCaps">
<persName id="t18670107-name-164" type="witnessName">
<interp inst="t18670107-name-164" type="gender" value="male"/>
<interp inst="t18670107-name-164" type="surname" value="BATEMAN"/>
<interp inst="t18670107-name-164" type="given" value="CHARLES WILLIAM"/>CHARLES WILLIAM BATEMAN</persName> </hi>. I am a foreman cooper in St. Kathe
<xptr type="pageFacsimile" doc="186701070054"/>
<p>Docks, and have known the prisoner ten years—he bears a very good character—I visited him at his house on the night of the fire, and saw the family—I went about five o'clock, and stayed till about a quarter to six—I left Mrs. Bicknell there—the prisoner asked me to stay and have a cup of tea with him, I declined, and he said, "Do you mean to say you are going away and won't have a cup of tea?"—I said, "I have somewhere to go to"—he said, "I shall take it as an insult if you do not, for I don't think it will be right."</p>
<hi rend="smallCaps">
<persName id="t18670107-name-165" type="witnessName">
<interp inst="t18670107-name-165" type="gender" value="male"/>
<interp inst="t18670107-name-165" type="surname" value="LEWIS"/>
<interp inst="t18670107-name-165" type="given" value="JAMES GRAHAM"/>JAMES GRAHAM LEWIS</persName> </hi>. I am a member of the firm of Lewis and Lewis—on the Monday afternoon after the fire, Strannick called at our place and made a communication to me, in consequence of which it was under my advice that he was not called before the Magistrate—I con
<lb/>sidered it a useless expense to the prisoner if there was conflicting evi
<lb/>dence, and therefore I declined to attend at the police-court.</p>
<hi rend="smallCaps">
<rs id="t18670107-171-verdict-1" type="verdictDescription">
<interp inst="t18670107-171-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18670107-171-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18670107-171-punishment-21" type="punishmentDescription">
<interp inst="t18670107-171-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18670107-171-punishment-21" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-171-18670107 t18670107-171-punishment-21"/>Ten Years' Penal Servitude.</rs> </hi> </p> </div1>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Wednesday, January</hi> 9
<hi rend="italic">th</hi>, 1867.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18670107-172">
<interp inst="t18670107-172" type="uri" value="sessionsPapers/18670107"/>
<interp inst="t18670107-172" type="date" value="18670107"/>
<join result="criminalCharge" id="t18670107-172-charge-1" targOrder="Y" targets="def1-172-18670107 t18670107-172-offence-1 t18670107-172-verdict-1"/>
<join result="criminalCharge" id="t18670107-172-charge-2" targOrder="Y" targets="def2-172-18670107 t18670107-172-offence-1 t18670107-172-verdict-1"/>
<persName id="def1-172-18670107" type="defendantName">
<interp inst="def1-172-18670107" type="gender" value="male"/>
<interp inst="def1-172-18670107" type="age" value="20"/>
<interp inst="def1-172-18670107" type="surname" value="CONNOR"/>
<interp inst="def1-172-18670107" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS CONNOR</hi> (20)</persName> and
<persName id="def2-172-18670107" type="defendantName">
<interp inst="def2-172-18670107" type="gender" value="female"/>
<interp inst="def2-172-18670107" type="age" value="27"/>
<interp inst="def2-172-18670107" type="surname" value="COOPER"/>
<interp inst="def2-172-18670107" type="given" value="MARGARET"/>
<hi rend="largeCaps">MARGARET COOPER</hi> (27)</persName>
<rs id="t18670107-172-offence-1" type="offenceDescription">
<interp inst="t18670107-172-offence-1" type="offenceCategory" value="violentTheft"/>