<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<p>Sessions Paper.</p>
<persName id="t18690503-name-1">
<interp inst="t18690503-name-1" type="gender" value="male"/>
<interp inst="t18690503-name-1" type="surname" value="BARNET"/>
<interp inst="t18690503-name-1" type="given" value="JAMES DROVER"/>JAMES DROVER BARNET</persName> </p>
<persName id="t18690503-name-2">
<interp inst="t18690503-name-2" type="gender" value="male"/>
<interp inst="t18690503-name-2" type="surname" value="BUCKLER"/>
<interp inst="t18690503-name-2" type="given" value="ALEXANDER"/>ALEXANDER BUCKLER</persName>,</p>
<p>Short-hand Writers to the Court,</p>
<persName id="t18690503-name-3">
<interp inst="t18690503-name-3" type="gender" value="male"/>
<interp inst="t18690503-name-3" type="surname" value="BESLEY"/>
<interp inst="t18690503-name-3" type="given" value="EDWARD T. E."/>EDWARD T. E. BESLEY</persName>, ESQ.,</p>
<p>VOL. L X X.</p>
<p>Law Publishers to the Queen's Most Excellent Majesty.</p>
<xptr type="pageFacsimile" doc="186905030002"/>
<p>On the Queen's Commission of</p>
<p>The City Of London,</p>
<p>OF THE</p>
<p>Held on Monday, May 3rd, 1869, and following days,</p>
<hi rend="smallCaps">BEFORE THE RIGHT HON</hi>.
<hi rend="largeCaps">JAMES CLARKE LAWRENCE, M.P., LORD MAYOR</hi> of the City of London; Sir
<hi rend="smallCaps">JOHN BARNARD BYLES</hi>, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir
<hi rend="smallCaps">ANTHONY. CLEASBY</hi>, Knt., one of the Justices of Her Majesty's Court of Exchequer; Sir
<hi rend="smallCaps">
<persName id="t18690503-name-4" type="judiciaryName">
<interp inst="t18690503-name-4" type="gender" value="male"/>
<interp inst="t18690503-name-4" type="surname" value="DUKE"/>
<interp inst="t18690503-name-4" type="given" value="JAMES"/>JAMES DUKE</persName> </hi>, Bart., Sir
<hi rend="smallCaps">
<persName id="t18690503-name-5" type="judiciaryName">
<interp inst="t18690503-name-5" type="gender" value="male"/>
<interp inst="t18690503-name-5" type="surname" value="MOON"/>
<interp inst="t18690503-name-5" type="given" value="FRANCIS GRAHAM"/>FRANCIS GRAHAM MOON</persName> </hi>, Bart., F. S. A., Sir
<hi rend="smallCaps">ROBERT WALTER CARDEN</hi>, Knt.,
<hi rend="smallCaps">
<persName id="t18690503-name-6" type="judiciaryName">
<interp inst="t18690503-name-6" type="gender" value="male"/>
<interp inst="t18690503-name-6" type="surname" value="CARTER"/>
<interp inst="t18690503-name-6" type="given" value="JOHN"/>JOHN CARTER</persName> </hi>, Esq., F.A.S. and F.R.A.S.,
<hi rend="smallCaps">WARREN STORMES HALE</hi>, Esq., and
<hi rend="smallCaps">
<persName id="t18690503-name-7" type="judiciaryName">
<interp inst="t18690503-name-7" type="gender" value="male"/>
<interp inst="t18690503-name-7" type="surname" value="PHILLIPS"/>
<interp inst="t18690503-name-7" type="given" value="BENJAMIN SAMUEL"/>SIR BENJAMIN SAMUEL PHILLIPS</persName> </hi>, Knt., Aldermen of the said City; The Right Hon.
<hi rend="smallCaps">RUSSELL GURNEY</hi>, Q.C., M.P., Recorder of the said City;
<hi rend="smallCaps">
<persName id="t18690503-name-8" type="judiciaryName">
<interp inst="t18690503-name-8" type="gender" value="male"/>
<interp inst="t18690503-name-8" type="surname" value="BESLEY"/>
<interp inst="t18690503-name-8" type="given" value="ROBERT"/>ROBERT BESLEY</persName> </hi>, Esq.,
<hi rend="smallCaps">SILLS JOHN. GIBBONS</hi>, Esq., Sir
<hi rend="smallCaps">
<persName id="t18690503-name-9" type="judiciaryName">
<interp inst="t18690503-name-9" type="gender" value="male"/>
<interp inst="t18690503-name-9" type="surname" value="WATERLOW"/>
<interp inst="t18690503-name-9" type="given" value="SYDNEY HEDLEY"/>SYDNEY HEDLEY WATERLOW</persName> </hi>, Knt.,
<hi rend="smallCaps">
<persName id="t18690503-name-10" type="judiciaryName">
<interp inst="t18690503-name-10" type="gender" value="male"/>
<interp inst="t18690503-name-10" type="surname" value="STONE"/>
<interp inst="t18690503-name-10" type="given" value="DAVID HENRY"/>DAVID HENRY STONE</persName> </hi>, Esq.,
<hi rend="smallCaps">JOSEPH CAUSTON</hi>, Esq., and
<hi rend="smallCaps">THOMAS SCAMBLER OWDEN</hi>, Esq., Aldermen of the said City;
<hi rend="smallCaps">
<persName id="t18690503-name-11" type="judiciaryName">
<interp inst="t18690503-name-11" type="gender" value="male"/>
<interp inst="t18690503-name-11" type="surname" value="CHAMBERS"/>
<interp inst="t18690503-name-11" type="given" value="THOMAS"/>THOMAS CHAMBERS</persName> </hi>, Esq., Q.C., M.P., Common Serjeant of the said City; and
<hi rend="smallCaps">
<persName id="t18690503-name-12" type="judiciaryName">
<interp inst="t18690503-name-12" type="gender" value="male"/>
<interp inst="t18690503-name-12" type="surname" value="KERR"/>
<interp inst="t18690503-name-12" type="given" value="ROBERT MALCOLM"/>ROBERT MALCOLM KERR</persName> </hi>, Esq., L.L.D., Judge of this Sheriff's Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.</p>
<hi rend="smallCaps">WILLIAM JAMES RICHMOND COTTON</hi>, Esq., Alderman.</p>
<hi rend="smallCaps">CHARLES WILLIAM COOKWORTHY HUTTON</hi>, Esq.</p>
<hi rend="italic">Sheriffs.</hi> </p>
<hi rend="smallCaps">ALEXANDER CROSLEY</hi>, Esq.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-13" type="judiciaryName">
<interp inst="t18690503-name-13" type="gender" value="male"/>
<interp inst="t18690503-name-13" type="surname" value="SLEE"/>
<interp inst="t18690503-name-13" type="given" value="ROBERT"/>ROBERT SLEE</persName> </hi>, Esq.</p>
<hi rend="italic">Under-Sheriffs.</hi> </p>
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<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<hi rend="largeCaps">J. C. LAWRENCE, MAYOR. SEVENTH 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 obcliskev</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, May</hi> 3
<hi rend="italic">rd</hi>, 1869.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
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<interp inst="def1-447-18690503" type="age" value="57"/>
<interp inst="def1-447-18690503" type="surname" value="LEWIS"/>
<interp inst="def1-447-18690503" type="given" value="JAMES HENRY FREDERICK"/>
<hi rend="largeCaps">JAMES HENRY FREDERICK LEWIS</hi> (57)</persName>, was indicted
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<interp inst="t18690503-447-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18690503-447-offence-1" type="offenceSubcategory" value="libel"/> for unlawfully composing and publishing a libel of and concerning
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<interp inst="t18690503-name-15" type="gender" value="male"/>
<interp inst="t18690503-name-15" type="surname" value="LEWIS"/>
<interp inst="t18690503-name-15" type="given" value="LOUIS"/>
<join result="offenceVictim" targOrder="Y" targets="t18690503-447-offence-1 t18690503-name-15"/>Louis Lewis</persName>.</rs> </p>
<hi rend="smallCaps">
<persName id="t18690503-name-16" type="witnessName">
<interp inst="t18690503-name-16" type="gender" value="male"/>
<interp inst="t18690503-name-16" type="surname" value="WILLIAMS"/>
<interp inst="t18690503-name-16" type="given" value="MONTAGU"/>MR. MONTAGU WILLIAMS</persName> </hi>,
<hi rend="italic">for the prosecution, offered no evidence, upon the defendant's promise that the matter should not be repeated.</hi> </p>
<hi rend="smallCaps">
<rs id="t18690503-447-verdict-1" type="verdictDescription">
<interp inst="t18690503-447-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18690503-447-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, May</hi> 3
<hi rend="italic">rd</hi>, 1869.</p>
<hi rend="italic">Before Robert Malcolm Kerr, Esq.</hi> </p>
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<persName id="def1-448-18690503" type="defendantName">
<interp inst="def1-448-18690503" type="gender" value="male"/>
<interp inst="def1-448-18690503" type="age" value="31"/>
<interp inst="def1-448-18690503" type="surname" value="BROWN"/>
<interp inst="def1-448-18690503" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN BROWN</hi> (31)</persName>
<rs id="t18690503-448-offence-1" type="offenceDescription">
<interp inst="t18690503-448-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18690503-448-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MESSRS. CRAUFURD</hi>.
<hi rend="italic">and</hi>
<hi rend="smallCaps">COLERIDGE</hi>.
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18690503-name-18" type="witnessName">
<interp inst="t18690503-name-18" type="gender" value="male"/>
<interp inst="t18690503-name-18" type="surname" value="EMMERTON"/>
<interp inst="t18690503-name-18" type="given" value="JAMES"/>JAMES EMMERTON</persName> </hi>. I am ten years old, and live with my parents at 17, Albert Street—on Friday, 9th April, I was in our street and saw the prisoner—I did not know him before—I said, "Where is your little
<hi rend="italic">Tommy</hi> Mr. Dewy?"—I mistook him for somebody else—he said, "Which
<hi rend="italic">Tommy</hi> do you mean"—I said, "The one in Francis Street"—he said, "Never mind him, will you go and get me half an ounce of tobacco?"—I said, "Yes sir"—he gave me a shilling—I went to the tobacconist's and put down the shilling—the man said it was bad, and gave it back to me—I went into the street and saw the prisoner running up Pitfield Street—I went home and gave my mother the shilling—I afterwards pointed the prisoner out to her in Pitfield Street—I had seen Mrs. Nelson come by when I was talking to the prisoner—she spoke to me.</p>
<hi rend="italic">Prisoner. Q.</hi> Was it dark or light?
<hi rend="italic">A.</hi> Dark, but this was near a lamp—I mistook you for Mr. Dewy, because you looked like him.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-19" type="witnessName">
<interp inst="t18690503-name-19" type="gender" value="male"/>
<interp inst="t18690503-name-19" type="surname" value="HALL"/>
<interp inst="t18690503-name-19" type="given" value="CHARLES"/>CHARLES HALL</persName> </hi>. I am a tobacconist, of Old Street—on 9th April this boy came in for some tobacco, and gave me a shilling—I tried it in the A 2.</p>
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<p>detector, and it doubled—I knew the boy, and gave it back to him—he went away, saying that a man gave it to him.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-20" type="witnessName">
<interp inst="t18690503-name-20" type="gender" value="female"/>
<interp inst="t18690503-name-20" type="surname" value="NELSON"/>
<interp inst="t18690503-name-20" type="given" value="CAROLINE"/>CAROLINE NELSON</persName> </hi>. I have known the boy Emmerton about twelve months—I saw him in Old Street Road, on 9th April, between 9 and 9.30, talking to the prisoner, next door to the tobacconist's, near a lamp—I had never seen the prisoner before, but am sure he is the man—about ten minutes afterwards I spoke to the boy, as I heard his mother calling him—I afterwards went to Pitfield Street and saw the prisoner just against a public-house—a great many other people were there, but I knew him from the rest—I said in his hearing that he was the man I saw talking to the little boy a few minutes ago—he said that it was wrong—he was given in custody.</p>
<hi rend="italic">Prisoner.</hi> Did not she say to you, "
<hi rend="italic">Carry</hi>, is not this the man?"
<hi rend="italic">Witness.</hi> No; she said, "Do you know any man standing here?" and I said, "Yes"—you were standing next to the prosecutor.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-21" type="witnessName">
<interp inst="t18690503-name-21" type="gender" value="female"/>
<interp inst="t18690503-name-21" type="surname" value="EMMERTON"/>
<interp inst="t18690503-name-21" type="given" value="CAROLINE"/>CAROLINE EMMERTON</persName> </hi>. I am the wife of John Emmerton, and the mother of this boy—he brought me a bent shilling, and in consequence of what he said, I directed him to change his coat and hat—this was at 17, Henrietta Street, close to Old Street—I sent for Caroline Nelson, and she came—I was then in Pitfield Street—there was a crowd there, and the boy pointed out the prisoner, who was coming along with, I dare say, a dozen people walking behind him—the boy said, "Mother, there is the man who gave me the shilling—and Nelson said, "That man was talking to your little
<hi rend="italic">Jemmy</hi> just now"—the prisoner heard that, and said that she was wrong—I gave the shilling to the constable.</p>
<hi rend="smallCaps">LEWIS</hi>. (
<hi rend="italic">Policeman</hi>). On the evening of 9th April the last witness spoke to me, and gave me a shilling in Pitfield Street—Caroline Nelson afterwards came up and pointed out the prisoner—the boy then said, "Mother, there is the man on the other side of the road"—I took him in custody, and 1
<hi rend="italic">s</hi>. 2 1/4
<hi rend="italic">d</hi>. in good money was found on him.</p>
<hi rend="italic">Prisoner. Q.</hi> Was I going towards the place where this happened?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-22" type="witnessName">
<interp inst="t18690503-name-22" type="gender" value="male"/>
<interp inst="t18690503-name-22" type="surname" value="WEBSTER"/>
<interp inst="t18690503-name-22" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. I am Inspector of Coin to Her Majesty's Mint—this shilling is bad.</p>
<hi rend="italic">Prisoner's Defence.</hi> The boy mistook me for a man who he knew, and therefore he is likely to mistake me for a stranger. I was standing with the prisoner when
<hi rend="italic">Carry</hi> Nelson pointed me out, and she could see that I was in custody. If I had been guilty I should not have been returning to the spot, and no bad money was found on me.</p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">to</hi>
<hi rend="smallCaps">LEWIS</hi>.
<hi rend="italic">Q.</hi> Was the prisoner taken on the same side of the street where the offence was committed?
<hi rend="italic">A.</hi> He was not in the street at all, he was in Pitfield Street, and Mr. Hall's shop is in Old Street Road.</p>
<hi rend="smallCaps">
<rs id="t18690503-448-verdict-1" type="verdictDescription">
<interp inst="t18690503-448-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18690503-448-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
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<persName id="def1-449-18690503" type="defendantName">
<interp inst="def1-449-18690503" type="gender" value="male"/>
<interp inst="def1-449-18690503" type="age" value="30"/>
<interp inst="def1-449-18690503" type="surname" value="PECK"/>
<interp inst="def1-449-18690503" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN PECK</hi> (30)</persName>, was indicted
<rs id="t18690503-449-offence-1" type="offenceDescription">
<interp inst="t18690503-449-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18690503-449-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<hi rend="smallCaps">MESSRS. CRAUFURD</hi>.
<hi rend="italic">and</hi>
<hi rend="smallCaps">COLERIDGE</hi>.
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18690503-name-24" type="witnessName">
<interp inst="t18690503-name-24" type="gender" value="male"/>
<interp inst="t18690503-name-24" type="surname" value="BASSETT"/>
<interp inst="t18690503-name-24" type="given" value="JAMES"/>JAMES BASSETT</persName> </hi>. I live with my father, a licensed victualler, at 1, Garrick Street, Covent Garden—on Saturday night, 10th April, I served the prisoner with a pint of half-and-half—he gave me a shilling—I tried it, and found it was bad—I looked in the till and found another bad one—I gave them to my father—I fetched a constable, and gave the prisoner into custody—I told the prisoner the shilling was bad, and he gave me a good one, and said, "That is all the money I have."</p>
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<hi rend="smallCaps">
<persName id="t18690503-name-25" type="witnessName">
<interp inst="t18690503-name-25" type="gender" value="male"/>
<interp inst="t18690503-name-25" type="surname" value="BASSETT"/>
<interp inst="t18690503-name-25" type="given" value="JAMES"/>JAMES BASSETT</persName> </hi>. (
<hi rend="italic">the elder</hi>). I am the father of the last witness—he called me in and handed me two bad shillings, and I detained the prisoner—I gave them to the constable—I asked him if he had any more money, and he put his hand in his pocket, and I saw another bad shilling in the money he took out—I gave that to the constable.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-26" type="witnessName">
<interp inst="t18690503-name-26" type="gender" value="male"/>
<interp inst="t18690503-name-26" type="surname" value="TRACE"/>
<interp inst="t18690503-name-26" type="given" value="GEORGE"/>GEORGE TRACE</persName> </hi>. (
<hi rend="italic">Policeman F</hi> 109). I took the prisoner on Saturday night, 10th April, at the Peter's Hotel, Garrick Street, Covent Garden—I searched him, and found 3
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>. in good money—there was one shilling, 1
<hi rend="italic">s</hi>. 3 1/2
<hi rend="italic">d</hi>. in copper, and the rest in sixpences, and a bad shilling—I received two bad shillings from Mr. Bassett.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-27" type="witnessName">
<interp inst="t18690503-name-27" type="gender" value="female"/>
<interp inst="t18690503-name-27" type="surname" value="JONES"/>
<interp inst="t18690503-name-27" type="given" value="CHARLOTTE"/>CHARLOTTE JONES</persName> </hi>. I am barmaid to Mr. Bassett—the prisoner came in between 6 and 7 o'clock, on 10th April, for a half-pint of beer, and gave me a bad shilling in payment—I gave it back and told him it was bad—he said he had just received it from his mistress—he gave me a penny—I gave him back the bad shilling, and he went away.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-28" type="witnessName">
<interp inst="t18690503-name-28" type="gender" value="male"/>
<interp inst="t18690503-name-28" type="surname" value="WEBSTER"/>
<interp inst="t18690503-name-28" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These three shillings are bad, and from one mould.</p>
<hi rend="italic">Prisoner's Defence.</hi> I was paid 7
<hi rend="italic">s</hi>., on Saturday night, and another shilling was all the money I had.</p>
<hi rend="italic">Witnesses for the Defence.</hi> </p>
<hi rend="smallCaps">MRS. CRISP</hi>. I paid the prisoner 7
<hi rend="italic">s</hi>., 2
<hi rend="italic">d</hi>. that evening—I am quite sure it was good—I think there were two florins, and three separate shillings—about 7.45, as near as I can say, I sent my little boy to Mr. Davage for change for a sovereign—I examined the change, and am quite sure it was good.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-29" type="witnessName">
<interp inst="t18690503-name-29" type="gender" value="male"/>
<interp inst="t18690503-name-29" type="surname" value="DAVAGE"/>
<interp inst="t18690503-name-29" type="given" value="CHARLES"/>CHARLES DAVAGE</persName> </hi>. I gave change for a half-crown to Mrs. Crisp about fifteen months ago—I believe one of the shillings was bad—I was not aware of it—I gave her change for a sovereign on this occasion—I examined the money carefully, and there—was no bad money amongst the change.</p>
<hi rend="italic">Prisoner.</hi> I say that Mr. Davage is quite liable to give bad change on this as on the previous occasion.</p>
<hi rend="largeCaps">
<rs id="t18690503-449-verdict-1" type="verdictDescription">
<interp inst="t18690503-449-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18690503-449-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18690503-449-punishment-1" type="punishmentDescription">
<interp inst="t18690503-449-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t18690503-449-punishment-1" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-449-18690503 t18690503-449-punishment-1"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18690503-450">
<interp inst="t18690503-450" type="uri" value="sessionsPapers/18690503"/>
<interp inst="t18690503-450" type="date" value="18690503"/>
<join result="criminalCharge" id="t18690503-450-charge-1" targOrder="Y" targets="def1-450-18690503 t18690503-450-offence-1 t18690503-450-verdict-1"/>
<join result="criminalCharge" id="t18690503-450-charge-2" targOrder="Y" targets="def2-450-18690503 t18690503-450-offence-1 t18690503-450-verdict-2"/>
<join result="criminalCharge" id="t18690503-450-charge-3" targOrder="Y" targets="def3-450-18690503 t18690503-450-offence-1 t18690503-450-verdict-2"/>
<persName id="def1-450-18690503" type="defendantName">
<interp inst="def1-450-18690503" type="gender" value="male"/>
<interp inst="def1-450-18690503" type="age" value="44"/>
<interp inst="def1-450-18690503" type="surname" value="REARDON"/>
<interp inst="def1-450-18690503" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM REARDON</hi> (44)</persName>,
<persName id="def2-450-18690503" type="defendantName">
<interp inst="def2-450-18690503" type="gender" value="female"/>
<interp inst="def2-450-18690503" type="age" value="25"/>
<interp inst="def2-450-18690503" type="surname" value="EVANS"/>
<interp inst="def2-450-18690503" type="given" value="REBECCA"/>
<hi rend="largeCaps">REBECCA EVANS</hi> (25)</persName>, and
<persName id="def3-450-18690503" type="defendantName">
<interp inst="def3-450-18690503" type="gender" value="female"/>
<interp inst="def3-450-18690503" type="age" value="60"/>
<interp inst="def3-450-18690503" type="surname" value="HURLEY"/>
<interp inst="def3-450-18690503" type="given" value="MARY"/>
<hi rend="largeCaps">MARY HURLEY</hi> (60)</persName>
<rs id="t18690503-450-offence-1" type="offenceDescription">
<interp inst="t18690503-450-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18690503-450-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully having in their possession counterfeit coin, with intent to utter it.</rs> </p>
<hi rend="smallCaps">MESSRS. COLERIDGE</hi>.
<hi rend="italic">and</hi>
<hi rend="smallCaps">GRAIN</hi>.
<hi rend="italic">conducted the Prosecution</hi>;
<hi rend="smallCaps">MR. PATER</hi>.
<hi rend="italic">appeared for Evans, and</hi>
<hi rend="smallCaps">MR. GREEN</hi>.
<hi rend="italic">for Hurley.</hi> </p>
<hi rend="smallCaps">
<persName id="t18690503-name-33" type="witnessName">
<interp inst="t18690503-name-33" type="gender" value="male"/>
<interp inst="t18690503-name-33" type="surname" value="BRANNAN"/>
<interp inst="t18690503-name-33" type="given" value="JAMES"/>JAMES BRANNAN</persName> </hi>. I live at 39, Radnor Street, St. Luke's, and am agent to the Mint—on 8th April, in consequence of information I went to 21, Dudley Street, between 1 and 2 o'clock, with Inspector Brannan and several other officers—we went to the second floor front room and saw the three prisoners—Reardon was partly undressed, and I said to him, "Well, Mr. Barlow, I need not tell you who I am, I have called to pay you another visit. You are suspected of having counterfeit coin in your possession. We come here with a search warrant"—at that time Hinds handed me this packet, partly open, wrapped up in this piece of carpet—I opened it—it contained three separate packets, containing six crowns, 200 half-crowns and shillings, all counterfeit—I said to Reardon, "You will have to account for the possession of these"—he said, "I am very sorry for it, but not here"—they were all in tissue paper, with paper lapped between them in ten piece packets—Evans then said, "This is what I have got by serving others"—Hurley said, "I only came here for a little washing"—I have</p>
<xptr type="pageFacsimile" doc="186905030006"/>
<p>known Reardon many years, and for the last seven years have had him under constant observation—I found Reardon's rent-book in the room.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PATER</hi>.
<hi rend="italic">Q.</hi> Are you superannuated?
<hi rend="italic">A.</hi> Yes, and have been some years—I now hold an appointment from the Home Office—I decline answering how I am paid, it being a matter you have nothing to do with—I am not paid on the conviction of every case I bring into Court—I object to tell the Jury how I am paid for the services I render—the constables were acting under my directions, by virtue of a Magis
<lb/>trate's search warrant.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-34" type="witnessName">
<interp inst="t18690503-name-34" type="gender" value="male"/>
<interp inst="t18690503-name-34" type="surname" value="HINDS"/>
<interp inst="t18690503-name-34" type="given" value="PHILIP"/>PHILIP HINDS</persName> </hi>. (
<hi rend="italic">Policeman</hi>). On 8th April I was on duty, and saw Hurley coming up Dudley Street, St. Giles's, with a little carpet parcel in her apron, which was turned up in this form—I followed her to the second floor front room at 21, Dudley Street—she went into the room, and shut the door—I pushed it open, it was not locked, and found the three prisoners there—I asked Hurley for the parcel she had just brought in—she said that she brought no parcel—Evans was standing behind the door—I said to Reardon, "Halloa, Barlow!"—he said, "You have come again"—I said, "Yes"—he said, "You have been here before"—I said, "I know I have"—I heard something drop on the floor, and saw a motion of Evans' foot, who was standing at the head of the bed—I found this parcel under the bed, and gave it to Mr. Brannan—Evans tried to get out of the room, but I stopped her—I was alone at first, as the other officers were a minute and a half or two minutes behind me—we took all the prisoners in custody, and also a woman who came in, who lives with Reardon as his wife—she has been discharged.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PATER</hi>.
<hi rend="italic">Q.</hi> Is not she reputed to be his wife in the neighbourhood?
<hi rend="italic">A.</hi> No—I will not undertake to swear that she is not—she was not at home when I went in, she followed the other officers in—I followed Hurley almost at the same time that she went in—I had to cross the street—I walked up the same flight of stairs about a minute or a minute and a half after her—I could not see her going up the stairs—Reardon was sitting by the fire, with one stocking off—I did not see a wound in his leg, and do not know whether he was bathing it—we found this rent-book in a drawer—I kept the door, and if Evans had not been behind it I could have shoved it wide open—Reardon was in his shirt-sleeves.
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GREEN</hi>.
<hi rend="italic">Q.</hi> Were you one of the officers who searched Hurley's house?
<hi rend="italic">A.</hi> Yes; I went there about a quarter of an hour or twenty minutes afterwards, accompanied by two other officers—it was 200 or 250 yards off—I searched her room, but found no counterfeit coin—I could not judge how she earned her living—some wet clothes were hanging on a chair, and there was a little tub of water on a chair—I saw no linen ready for delivery.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-35" type="witnessName">
<interp inst="t18690503-name-35" type="gender" value="male"/>
<interp inst="t18690503-name-35" type="surname" value="KENLIT"/>
<interp inst="t18690503-name-35" type="given" value="FREDERICK"/>FREDERICK KENLIT</persName> </hi>. (
<hi rend="italic">Police Sergeant F</hi> 10). I took Reardon to the station—he said, going to the Police Court, "Supposing I say I picked that parcel up; but there, it is no good my saying anything, the old man has got me right by this time.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PATER</hi>.
<hi rend="italic">Q.</hi> Were you in the room when Hinds gave the packet to Brannan?
<hi rend="italic">A.</hi> Yes—Reardon was dressed, but had one stocking off, bathing his leg.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-36" type="witnessName">
<interp inst="t18690503-name-36" type="gender" value="male"/>
<interp inst="t18690503-name-36" type="surname" value="MILLER"/>
<interp inst="t18690503-name-36" type="given" value="WILLIAM"/>WILLIAM MILLER</persName> </hi>. (
<hi rend="italic">Policeman</hi>). I went to 21, Dudley Street, with the other officers—I said to Hurley, "What have you got there?"—she said, "Nothing"—I pulled up her dress, and she had a large packet under</p>
<xptr type="pageFacsimile" doc="186905030007"/>
<p>it—she pointed to Evans, who shoved a large parcel under the bed, tied up in carpet—I took Hurley, and going down stairs she said, "It is no use pumping me, the sucker is dry; you found nothing on me"—on the road to the station, she said to a young man, "Run to my house as fast as you can, you devil, run"—she afterwards told me her house was 11, Church Row—I went there, and found that she carried on washing; there were lines, and other things.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-37" type="witnessName">
<interp inst="t18690503-name-37" type="gender" value="female"/>
<interp inst="t18690503-name-37" type="surname" value="WINKLES"/>
<interp inst="t18690503-name-37" type="given" value="ELIZABETH"/>ELIZABETH WINKLES</persName> </hi>. I am the wife of John Winkles, of 21, Dudley Street, and let lodgings—Reardon has lived in our house five years and a half—he had occupied the second floor front about eighteen months, with his wife; and Rebecca Evans, his servant, and her three children, occupied the second pair back—Reardon paid the rent of both rooms—I have seen Hurley come in once or twice, but the shop door was generally shut.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PATER</hi>.
<hi rend="italic">Q.</hi> Do you know what Reardon paid Mrs. Evans?
<hi rend="italic">A.</hi> Half-a-crown a week and her victuals—I know the woman who was taken the same day, she is his wife, as far as I know, and has lived with him five years—I never heard a whisper to the contrary—he has been suffering from a bad leg—his wife had not long gone out when the constable came.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GREEN</hi>.
<hi rend="italic">Q.</hi> Do you know that Hurley used to do washing?
<hi rend="italic">A.</hi> She used to go out sometimes.</p>
<hi rend="smallCaps">MR. COLERIDGE</hi>.
<hi rend="italic">Q.</hi> Has Mrs. Reardon passed by that name all that time?
<hi rend="italic">A.</hi> Yes, but Reardon has been asked for by the name of Barlow, once or twice.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-38" type="witnessName">
<interp inst="t18690503-name-38" type="gender" value="male"/>
<interp inst="t18690503-name-38" type="surname" value="WEBSTER"/>
<interp inst="t18690503-name-38" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These coins are all bad; they are new.</p>
<hi rend="italic">Reardon's Statement before the Magistrate.</hi> "I acknowledge the parcel, the women had nothing to do with it."</p>
<hi rend="largeCaps">HURLEY</hi>
<hi rend="italic">received a good character.</hi> </p>
<hi rend="smallCaps">
<rs id="t18690503-450-verdict-1" type="verdictDescription">
<interp inst="t18690503-450-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18690503-450-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18690503-450-verdict-2" type="verdictDescription">
<interp inst="t18690503-450-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18690503-450-verdict-2" type="verdictSubcategory" value="withRecommendation"/>The Jury recommended Evans and Hurley to mercy</rs>.</hi> </p>
<hi rend="largeCaps">REARDON</hi>** and
<hi rend="largeCaps">EVANS</hi>†.—
<hi rend="italic">
<rs id="t18690503-450-punishment-2" type="punishmentDescription">
<interp inst="t18690503-450-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18690503-450-punishment-2" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-450-18690503 t18690503-450-punishment-2"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-450-18690503 t18690503-450-punishment-2"/>Five Years' Penal Servitude each</rs>.</hi> </p>
<hi rend="largeCaps">HURLEY</hi>.—
<hi rend="italic">
<rs id="t18690503-450-punishment-3" type="punishmentDescription">
<interp inst="t18690503-450-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18690503-450-punishment-3" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-450-18690503 t18690503-450-punishment-3"/>Eighteen Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18690503-451">
<interp inst="t18690503-451" type="uri" value="sessionsPapers/18690503"/>
<interp inst="t18690503-451" type="date" value="18690503"/>
<join result="criminalCharge" id="t18690503-451-charge-1" targOrder="Y" targets="def1-451-18690503 t18690503-451-offence-1 t18690503-451-verdict-1"/>
<persName id="def1-451-18690503" type="defendantName">
<interp inst="def1-451-18690503" type="gender" value="male"/>
<interp inst="def1-451-18690503" type="age" value="22"/>
<interp inst="def1-451-18690503" type="surname" value="WALKER"/>
<interp inst="def1-451-18690503" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE WALKER</hi> (22)</persName>
<rs id="t18690503-451-offence-1" type="offenceDescription">
<interp inst="t18690503-451-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18690503-451-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MESSRS. COLERIDGE</hi>.
<hi rend="italic">and</hi>
<hi rend="smallCaps">GRAIN</hi>.
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18690503-name-40" type="witnessName">
<interp inst="t18690503-name-40" type="gender" value="female"/>
<interp inst="t18690503-name-40" type="surname" value="FINNIS"/>
<interp inst="t18690503-name-40" type="given" value="SUSAN"/>SUSAN FINNIS</persName> </hi>. I am barmaid to my father, at the George public-house, Goodman's Yard—on 8th April, between 8 and 9 a.m., I served the prisoner with a half-pint of porter—he gave me a shilling—I broke it with my teeth, told him it was bad, and that it was the second time he had been there—he said that he had never been in the house before, and ran away—I gave the shilling to my father—this is it (
<hi rend="italic">produced</hi>)—on 27th March I had served the prisoner with a glass of ale—he gave me a florin, I told him it was bad, and gave it to him back—he then asked me for a glass of porter, and gave me a penny—I am sure the prisoner was the man.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-41" type="witnessName">
<interp inst="t18690503-name-41" type="gender" value="male"/>
<interp inst="t18690503-name-41" type="surname" value="FINNIS"/>
<interp inst="t18690503-name-41" type="given" value="NATHANIEL"/>NATHANIEL FINNIS</persName> </hi>. I am the brother of the last witness—I saw the prisoner come into the bar and give my sister a shilling—she broke it, and said, "This is a bad shilling"—he said, "No, it is not"—she told him about taking one on 27th March, and he opened the door and ran out—I ran after him, but could not catch him—I told a young man.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-42" type="witnessName">
<interp inst="t18690503-name-42" type="gender" value="male"/>
<interp inst="t18690503-name-42" type="surname" value="WEEKS"/>
<interp inst="t18690503-name-42" type="given" value="JOHN"/>JOHN WEEKS</persName> </hi>. (
<hi rend="italic">Policeman H</hi> 201). I saw the prisoner running, and a young man after him—I stopped him—he was very violent—I took him to the station—he said on the way that it was a very good job for me that a</p>
<xptr type="pageFacsimile" doc="186905030008"/>
<p>City constable come up, or I shouled not have taken him to the station—Mr. Finnis gave me this shilling.</p>
<hi rend="italic">Prisoner.</hi> I never said anything of the kind. It does not stand feasible that a person would do such a thing twice.</p>
<hi rend="smallCaps">
<rs id="t18690503-451-verdict-1" type="verdictDescription">
<interp inst="t18690503-451-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18690503-451-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18690503-451-punishment-4" type="punishmentDescription">
<interp inst="t18690503-451-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18690503-451-punishment-4" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-451-18690503 t18690503-451-punishment-4"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18690503-452">
<interp inst="t18690503-452" type="uri" value="sessionsPapers/18690503"/>
<interp inst="t18690503-452" type="date" value="18690503"/>
<join result="criminalCharge" id="t18690503-452-charge-1" targOrder="Y" targets="def1-452-18690503 t18690503-452-offence-1 t18690503-452-verdict-1"/>
<persName id="def1-452-18690503" type="defendantName">
<interp inst="def1-452-18690503" type="gender" value="male"/>
<interp inst="def1-452-18690503" type="age" value="36"/>
<interp inst="def1-452-18690503" type="surname" value="CLARK"/>
<interp inst="def1-452-18690503" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM CLARK</hi> (36)</persName>
<rs id="t18690503-452-offence-1" type="offenceDescription">
<interp inst="t18690503-452-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18690503-452-offence-1" type="offenceSubcategory" value="mail"/>,
<hi rend="smallCaps">
<rs id="t18690503-452-verdict-1" type="verdictDescription">
<interp inst="t18690503-452-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18690503-452-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. to stealing two post letters, the property of the
<persName id="t18690503-name-44" type="victimName">
<interp inst="t18690503-name-44" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18690503-452-offence-1 t18690503-name-44"/>Postmaster General</persName>
<hi rend="italic">
<rs id="t18690503-452-punishment-5" type="punishmentDescription">
<interp inst="t18690503-452-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18690503-452-punishment-5" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-452-18690503 t18690503-452-punishment-5"/>Five Years' Penal Ser
<lb/>vitude.</rs> </hi> And</rs> </p> </div1>
<div1 type="trialAccount" id="t18690503-453">
<interp inst="t18690503-453" type="uri" value="sessionsPapers/18690503"/>
<interp inst="t18690503-453" type="date" value="18690503"/>
<join result="criminalCharge" id="t18690503-453-charge-1" targOrder="Y" targets="def1-453-18690503 t18690503-453-offence-1 t18690503-453-verdict-1"/>
<persName id="def1-453-18690503" type="defendantName">
<interp inst="def1-453-18690503" type="gender" value="male"/>
<interp inst="def1-453-18690503" type="age" value="30"/>
<interp inst="def1-453-18690503" type="surname" value="CURTIS"/>
<interp inst="def1-453-18690503" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS CURTIS</hi> (30)</persName>
<rs id="t18690503-453-offence-1" type="offenceDescription">
<interp inst="t18690503-453-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18690503-453-offence-1" type="offenceSubcategory" value="pocketpicking"/>, to stealing a purse and 12
<hi rend="italic">l</hi>. in money, of
<persName id="t18690503-name-46" type="victimName">
<interp inst="t18690503-name-46" type="gender" value="female"/>
<interp inst="t18690503-name-46" type="surname" value="BOOTH"/>
<interp inst="t18690503-name-46" type="given" value="NINA ELIZABETH"/>
<join result="offenceVictim" targOrder="Y" targets="t18690503-453-offence-1 t18690503-name-46"/>Nina Elizabeth Booth</persName> from her person.—</rs>
<hi rend="italic">
<rs id="t18690503-453-punishment-6" type="punishmentDescription">
<interp inst="t18690503-453-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18690503-453-punishment-6" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-453-18690503 t18690503-453-punishment-6"/>Twelve Months' Imprisonment</rs>.</hi>
<rs id="t18690503-453-verdict-1" type="verdictDescription">
<interp inst="t18690503-453-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18690503-453-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, May</hi> 4
<hi rend="italic">th</hi>, 1869.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18690503-454">
<interp inst="t18690503-454" type="uri" value="sessionsPapers/18690503"/>
<interp inst="t18690503-454" type="date" value="18690503"/>
<join result="criminalCharge" id="t18690503-454-charge-1" targOrder="Y" targets="def1-454-18690503 t18690503-454-offence-1 t18690503-454-verdict-1"/>
<persName id="def1-454-18690503" type="defendantName">
<interp inst="def1-454-18690503" type="gender" value="male"/>
<interp inst="def1-454-18690503" type="age" value="27"/>
<interp inst="def1-454-18690503" type="surname" value="BESWICK"/>
<interp inst="def1-454-18690503" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE BESWICK</hi> (27)</persName>
<rs id="t18690503-454-offence-1" type="offenceDescription">
<interp inst="t18690503-454-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18690503-454-offence-1" type="offenceSubcategory" value="bigamy"/>,
<hi rend="smallCaps">
<rs id="t18690503-454-verdict-1" type="verdictDescription">
<interp inst="t18690503-454-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18690503-454-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. to feloniously marry
<persName id="t18690503-name-48" type="victimName">
<interp inst="t18690503-name-48" type="gender" value="female"/>
<interp inst="t18690503-name-48" type="surname" value="OWEN"/>
<interp inst="t18690503-name-48" type="given" value="MARY"/>
<join result="offenceVictim" targOrder="Y" targets="t18690503-454-offence-1 t18690503-name-48"/>Mary Owen</persName>, his wife being alive.
<hi rend="italic">
<rs id="t18690503-454-punishment-7" type="punishmentDescription">
<interp inst="t18690503-454-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18690503-454-punishment-7" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-454-18690503 t18690503-454-punishment-7"/>—Nine Months' Imprisonment.</rs> </hi> And</rs>
<rs id="t18690503-454-verdict-1" type="verdictDescription">
<interp inst="t18690503-454-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18690503-454-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18690503-455">
<interp inst="t18690503-455" type="uri" value="sessionsPapers/18690503"/>
<interp inst="t18690503-455" type="date" value="18690503"/>
<join result="criminalCharge" id="t18690503-455-charge-1" targOrder="Y" targets="def1-455-18690503 t18690503-455-offence-1 t18690503-455-verdict-1"/>
<join result="criminalCharge" id="t18690503-455-charge-2" targOrder="Y" targets="def2-455-18690503 t18690503-455-offence-1 t18690503-455-verdict-1"/>
<persName id="def1-455-18690503" type="defendantName">
<interp inst="def1-455-18690503" type="gender" value="male"/>
<interp inst="def1-455-18690503" type="age" value="22"/>
<interp inst="def1-455-18690503" type="surname" value="JONES"/>
<interp inst="def1-455-18690503" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN JONES</hi> (22)</persName>, and
<persName id="def2-455-18690503" type="defendantName">
<interp inst="def2-455-18690503" type="gender" value="male"/>
<interp inst="def2-455-18690503" type="age" value="19"/>
<interp inst="def2-455-18690503" type="surname" value="MOORE"/>
<interp inst="def2-455-18690503" type="given" value="JOSHUA"/>
<hi rend="largeCaps">JOSHUA MOORE</hi> (19)</persName>,
<rs id="t18690503-455-offence-1" type="offenceDescription">
<interp inst="t18690503-455-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18690503-455-offence-1" type="offenceSubcategory" value="theftFromPlace"/>to feloniously breaking and entering the warehouse of
<persName id="t18690503-name-51" type="victimName">
<interp inst="t18690503-name-51" type="gender" value="female"/>
<interp inst="t18690503-name-51" type="surname" value="EDWARDS"/>
<interp inst="t18690503-name-51" type="given" value="SARAH"/>
<join result="offenceVictim" targOrder="Y" targets="t18690503-455-offence-1 t18690503-name-51"/>Sarah Edwards</persName>, and stealing a set of teeth and some ivory, value 47
<hi rend="italic">l</hi>., her property.</rs>
<hi rend="italic">
<rs id="t18690503-455-punishment-8" type="punishmentDescription">
<interp inst="t18690503-455-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18690503-455-punishment-8" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-455-18690503 t18690503-455-punishment-8"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-455-18690503 t18690503-455-punishment-8"/>Twelve Months' Imprison
<lb/>ment each</rs>.</hi>
<rs id="t18690503-455-verdict-1" type="verdictDescription">
<interp inst="t18690503-455-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18690503-455-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18690503-456">
<interp inst="t18690503-456" type="uri" value="sessionsPapers/18690503"/>
<interp inst="t18690503-456" type="date" value="18690503"/>
<join result="criminalCharge" id="t18690503-456-charge-1" targOrder="Y" targets="def1-456-18690503 t18690503-456-offence-1 t18690503-456-verdict-1"/>
<persName id="def1-456-18690503" type="defendantName">
<interp inst="def1-456-18690503" type="gender" value="male"/>
<interp inst="def1-456-18690503" type="age" value="26"/>
<interp inst="def1-456-18690503" type="surname" value="HAWKINS"/>
<interp inst="def1-456-18690503" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS HAWKINS</hi> (26)</persName>
<rs id="t18690503-456-offence-1" type="offenceDescription">
<interp inst="t18690503-456-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18690503-456-offence-1" type="offenceSubcategory" value="mail"/>, Stealing, whilst employed under the Post Office, a post letter, containing a brooch, value 1
<hi rend="italic">s</hi>., and a paper box, of
<persName id="t18690503-name-53" type="victimName">
<interp inst="t18690503-name-53" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18690503-456-offence-1 t18690503-name-53"/>Her Majesty's Postmaster General</persName>.</rs> </p>
<hi rend="smallCaps">MESSRS. METCALFE</hi>.
<hi rend="italic">and</hi>
<hi rend="smallCaps">SLADE</hi>.
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18690503-name-54" type="witnessName">
<interp inst="t18690503-name-54" type="gender" value="female"/>
<interp inst="t18690503-name-54" type="surname" value="MARCH"/>
<interp inst="t18690503-name-54" type="given" value="DORA"/>DORA MARCH</persName> </hi>. I live at Broadstairs—on 31st March I was staying with some friends in the Brixton Road—on that day I wrote a letter to my sister, and enclosed in it a brooch in a box—I addressed it to "Miss March, the Vale, Broadstairs"—I gave it to Miss Cronin to post—this (
<hi rend="italic">produced</hi>) is the brooch.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-55" type="witnessName">
<interp inst="t18690503-name-55" type="gender" value="indeterminate"/>
<interp inst="t18690503-name-55" type="surname" value="CRONIN"/>
<interp inst="t18690503-name-55" type="given" value="CHARLOTT"/>CHARLOTT CRONIN</persName> </hi>. I live at Claremont House, Brixton Road—on 31st March, about 4 in the afternoon, I took a packet, given me by Miss March, to post in Old Dorset Place, Clapham Road—a little boy named McCarthy actually dropped it into the post—but I saw him do so.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-56" type="witnessName">
<interp inst="t18690503-name-56" type="gender" value="male"/>
<interp inst="t18690503-name-56" type="surname" value="GUMBLITON"/>
<interp inst="t18690503-name-56" type="given" value="RICHARD"/>RICHARD GUMBLITON</persName> </hi>. I keep the Post Office receiving house, 12, Old Dorset Place, Clapham Road—a letter posted at my receiving house at 4 o'clock, would be sent on at 4.45 to the S. W. district office.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-57" type="witnessName">
<interp inst="t18690503-name-57" type="gender" value="male"/>
<interp inst="t18690503-name-57" type="surname" value="PICKERSGILL"/>
<interp inst="t18690503-name-57" type="given" value="GEORGE"/>GEORGE PICKERSGILL</persName> </hi>. I am assistant charge taker at the S. W. district office—a letter coming from the Clapham Road office at 4.45 on the after
<lb/>noon of 31et March, would, in the regular course, come to the S.W. district office about 5.30—it would be stamped in our office and passed on to the E.C. office at 5.45—there is no doubt this letter bears the stamp of the S.W. office—it would get to the chief office about 6.5 or 6.10.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-58" type="witnessName">
<interp inst="t18690503-name-58" type="gender" value="male"/>
<interp inst="t18690503-name-58" type="surname" value="WILLIAMS"/>
<interp inst="t18690503-name-58" type="given" value="ERNEST KERR"/>ERNEST KERR WILLIAMS</persName> </hi>. I am a sorter in the General Post Office, in the newspaper branch—the prisoner was employed in the same branch—I was on duty there on 31st March—the prisoner was there—I was there from 9 in the morning—I saw the prisoner there from about 4 o'clock, on and off—about 6.20 I noticed him with a packet, like the one produced, in his hand, with some newspapers that he had been collecting—he went towards the S. E. division, deposited the papers on the table, and brought</p>
<xptr type="pageFacsimile" doc="186905030009"/>
<p>the packet back again—I made a communication to another officer in that branch.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-59" type="witnessName">
<interp inst="t18690503-name-59" type="gender" value="male"/>
<interp inst="t18690503-name-59" type="surname" value="PEREIRA"/>
<interp inst="t18690503-name-59" type="given" value="HENRY CHARLES"/>HENRY CHARLES PEREIRA</persName> </hi>. I am a book officer in the newspaper branch at the Poet Office—on the afternoon of 31st March I received a communication from Mr. Williams, in consequence of which I noticed the prisoner—he was collecting papers and packets for the S. E. division, to take to the S.E. table—he had his left arm stretched out, with a package between his thumb and fingers, and some papers and packets on his left arm—I then communicated with Mr. Payne, the overseer of the S.E. division—while I went to Mr. Payne I saw the prisoner take the packet from his left hand into his right—I should say it was a packet of this size—I did not see the face of it.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-60" type="witnessName">
<interp inst="t18690503-name-60" type="gender" value="male"/>
<interp inst="t18690503-name-60" type="surname" value="PAYNE"/>
<interp inst="t18690503-name-60" type="given" value="WALTER EDWIN"/>WALTER EDWIN PAYNE</persName> </hi>. I am the overseer of the newspaper branch of the south-eastern division in the General Post Office—on the evening of 31st March, my attention was drawn to the prisoner—he was collecting newspapers and packets for the south-eastern division—when I saw him first he held an armful of papers in his left arm, and a packet in his right—after carrying it some little distance in his right hand, I saw him place it in his right hand coat pocket—he went to the south-eastern division table and placed the papers there—when he placed the packet in his pocket, he withdrew his hand at the same time, used it, and placed it back again—I reported the matter to Mr. Capstick, a brother officer—I went with the prisoner and Mr. Capstick into the inspector's room—the inspector ques
<lb/>tioned him with regard to his having anything in his pocket that did not belong to him—he said, "No"—he pressed the question—he then said he believed he had taken a packet from the table, and at the same moment he produced it, and put it on the desk, from his pocket—this is the packet.</p>
<hi rend="italic">Prisoner.</hi> I should say it was an utter impossibility for the witness to see me putting the packet in my pocket; there was a table between us this height from the ground.
<hi rend="italic">Witness.</hi> There was nothing between us to pre
<lb/>vent my seeing him; I was standing at the end of the stamping table.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-61" type="witnessName">
<interp inst="t18690503-name-61" type="gender" value="male"/>
<interp inst="t18690503-name-61" type="surname" value="CARTER"/>
<interp inst="t18690503-name-61" type="given" value="HUGH"/>HUGH CARTER</persName> </hi>. I am acting inspector at the General Post Office—the prisoner was brought into my room about 6.30, on the evening of 31st March—in consequence of what I asked him, if he had anything on his person that did not belong to him, he said, "No"—I said, "Are you quite sure?"—he said, "Quite sure, sir"—I then said, "Now be very careful what you say; did you take anything off the table, and place it in your pocket, that does not belong to you?"—he said, "No, sir"—I said again, "Be very careful what you say"—then there was a pause, and then he said, "Well, I think I did, sir," and he produced this from his pocket—he first pulled out his handkerchief, and then he pulled out the packet—he said, "I put it in my pocket, but I had no felonious intent"—I think he said he pulled out his handkerchief with the intention of using it—the prisoner was collecting from the table—he ought to have left this packet at the south-eastern table, and not to have brought it back again—it was his duty to collect parcels of every description sorted to that particular division—he should have put it down with the other things he collected.</p>
<hi rend="smallCaps">MR. MKTCALPE</hi>.
<hi rend="italic">Q.</hi> Did you see the packet opened?
<hi rend="italic">A.</hi> Yes, at Bow Street, it contained a brooch.</p>
<hi rend="italic">Prisoner.</hi> He says he asked me four times; he only asked me twice, and the second time I produced the packet.
<hi rend="italic">Witness.</hi> He was not only asked twice, but the third time I asked him more impressively, and I believe the fourth time it was that he said, "I think I did."</p>
<xptr type="pageFacsimile" doc="186905030010"/>
<hi rend="italic">The prisoner put in a written defence, stating that as he was collecting the parcels, and while he had the packet in his hand, a Mr. Levy, who was there, gave him a pinch of snuff, which caused a violent fit of sneezing, and he put the packet in his pocket while he used his handkerchief; that he then went about his duty, and forgot that he had placed it there.</hi> </p>
<hi rend="smallCaps">
<persName id="t18690503-name-62" type="witnessName">
<interp inst="t18690503-name-62" type="gender" value="male"/>
<interp inst="t18690503-name-62" type="surname" value="PAYNE"/>
<interp inst="t18690503-name-62" type="given" value="WALTER EDWIN"/>WALTER EDWIN PAYNE</persName> </hi>. (
<hi rend="italic">re-examined</hi>). I saw a Mr. Levy there, he was em
<lb/>ployed there as an auxiliary—I did not see him speaking to the prisoner—I did not see the taking of any pinch of snuff—it might have taken place without my noticing it—to the best of my recollection he produced the packet the second time he was asked.</p>
<hi rend="smallCaps">
<rs id="t18690503-456-verdict-1" type="verdictDescription">
<interp inst="t18690503-456-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18690503-456-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18690503-457">
<interp inst="t18690503-457" type="uri" value="sessionsPapers/18690503"/>
<interp inst="t18690503-457" type="date" value="18690503"/>
<join result="criminalCharge" id="t18690503-457-charge-1" targOrder="Y" targets="def1-457-18690503 t18690503-457-offence-1 t18690503-457-verdict-1"/>
<persName id="def1-457-18690503" type="defendantName">
<interp inst="def1-457-18690503" type="gender" value="male"/>
<interp inst="def1-457-18690503" type="age" value="29"/>
<interp inst="def1-457-18690503" type="surname" value="BURNS"/>
<interp inst="def1-457-18690503" type="given" value="FELIX"/>
<hi rend="largeCaps">FELIX BURNS</hi> (29)</persName>
<rs id="t18690503-457-offence-1" type="offenceDescription">
<interp inst="t18690503-457-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18690503-457-offence-1" type="offenceSubcategory" value="assaultWithIntent"/>, Unlawfully assaulting
<persName id="t18690503-name-64" type="victimName">
<interp inst="t18690503-name-64" type="gender" value="female"/>
<interp inst="t18690503-name-64" type="surname" value="BULL"/>
<interp inst="t18690503-name-64" type="given" value="MARY ANN"/>
<join result="offenceVictim" targOrder="Y" targets="t18690503-457-offence-1 t18690503-name-64"/>Mary Ann Bull</persName>, with intent to ravish her.</rs> </p>
<hi rend="smallCaps">MR. HARRIS</hi>.
<hi rend="italic">conducted the Prosecution</hi>; and
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">the Defence.</hi> </p>
<rs id="t18690503-457-verdict-1" type="verdictDescription">
<interp inst="t18690503-457-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18690503-457-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>. of an indecent assault.</rs>
<hi rend="italic">
<rs id="t18690503-457-punishment-9" type="punishmentDescription">
<interp inst="t18690503-457-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18690503-457-punishment-9" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-457-18690503 t18690503-457-punishment-9"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18690503-458">
<interp inst="t18690503-458" type="uri" value="sessionsPapers/18690503"/>
<interp inst="t18690503-458" type="date" value="18690503"/>
<join result="criminalCharge" id="t18690503-458-charge-1" targOrder="Y" targets="def1-458-18690503 t18690503-458-offence-1 t18690503-458-verdict-1"/>
<persName id="def1-458-18690503" type="defendantName">
<interp inst="def1-458-18690503" type="gender" value="male"/>
<interp inst="def1-458-18690503" type="age" value="30"/>
<interp inst="def1-458-18690503" type="surname" value="BURKE"/>
<interp inst="def1-458-18690503" type="given" value="FRANCIS"/>
<hi rend="largeCaps">FRANCIS BURKE</hi> (30)</persName>
<rs id="t18690503-458-offence-1" type="offenceDescription">
<interp inst="t18690503-458-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18690503-458-offence-1" type="offenceSubcategory" value="wounding"/>, Unlawfully wounding
<persName id="t18690503-name-66" type="victimName">
<interp inst="t18690503-name-66" type="gender" value="male"/>
<interp inst="t18690503-name-66" type="surname" value="HANLEY"/>
<interp inst="t18690503-name-66" type="given" value="CORNELIUS"/>
<join result="offenceVictim" targOrder="Y" targets="t18690503-458-offence-1 t18690503-name-66"/>Cornelius Hanley</persName>.</rs> </p>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">conducted the Prosecution</hi>; and
<hi rend="smallCaps">MR. MONTAGU WILLIAMS</hi>.</p>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18690503-name-67" type="witnessName">
<interp inst="t18690503-name-67" type="gender" value="male"/>
<interp inst="t18690503-name-67" type="surname" value="HANLEY"/>
<interp inst="t18690503-name-67" type="given" value="CORNELIUS"/>CORNELIUS HANLEY</persName> </hi>. I am a tailor, and live in Little Britain—I knew the prisoner, he is a tailor, and lives in Edward's Place—on the night of 17th April, I was in Alderagate Street—we had been out together that day, drinking—I was sober, none of us were the worse for drink—the prisoner accused me of sending him a valentine—I said I had not sent it—he called me a liar—I said, "You are another"—he then rushed on me, and caught me round the neck, and bit my lip off, or partly so—I went to the hospital and had it dressed—I did not strike him before he rushed at me.</p>
<hi rend="italic">Cross-examined. Q.</hi> Did you not say to him, "You b—, if you call me a liar again?"
<hi rend="italic">A.</hi> No—I did not rush at him—we had been to a friend's house—I did not go out with him, I met him about ten minutes before this happened.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-68" type="witnessName">
<interp inst="t18690503-name-68" type="gender" value="male"/>
<interp inst="t18690503-name-68" type="surname" value="COLLINS"/>
<interp inst="t18690503-name-68" type="given" value="JOHN"/>JOHN COLLINS</persName> </hi>. I am a hawker, and live in Edward's Place—the prose
<lb/>cutor and prisoner are strangers to me—on this night I saw them together at the corner of Edward's Place—I heard something said about dirty blinds and sending valentines—the prisoner accused Hanley of sending him a valentine—he said he did not—he called him a liar, and he called him one back—with that the prisoner rushed at him, caught him round the neck, and bit his lip—a constable came up and pulled him away—Hanley said he had bit his lip—the officer said "Serve you right," and shoved him away—I went to the hospital with him.</p>
<hi rend="italic">Q.</hi> Do you mean the officer said it served him right?
<hi rend="italic">A.</hi> Yes, he said that to the prosecutor—I stated that to the' Magistrate—this was near 8 o'clock at night—I was standing at the corner, not two yards from them; they were close together, talking—the prisoner caught Hanley round the neck, and he struggled to get away—the policeman pulled them away.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-69" type="witnessName">
<interp inst="t18690503-name-69" type="gender" value="male"/>
<interp inst="t18690503-name-69" type="surname" value="ANSCOMB"/>
<interp inst="t18690503-name-69" type="given" value="ROBERT"/>ROBERT ANSCOMB</persName> </hi>. (
<hi rend="italic">City Policeman</hi> 112). On this Sunday night, I heard a disturbance in Edward's Place—I heard Hanley call the prisoner a b——liar—he said, "If you call me that again"—I could not hear what else passed between them—I saw them closing together, and in the struggle Hanley's hat fell off—I went and took hold of Hanley—he had got Burke round the neck with his arms, and I had to force him on to the pavement</p>
<xptr type="pageFacsimile" doc="186905030011"/>
<p>before I could make him release his hold—I told him he had better go away, and Hanley likewise—there was nothing said about taking the prisoner in charge at the time, and not a word about his lip being bit—I saw the lip bleeding—it was trifling at the time—he went away somewhere—I don't know where—I did not see Collins there.</p>
<hi rend="italic">Cross-examined. Q.</hi> Had you seen Hanley following the prisoner' about for some time?
<hi rend="italic">A.</hi> I had; and aggravating him—the first time I saw them, was about 6.45, that was about an hour and a half before the occurrence—I heard him use bad language—I saw him several times during that hour and a half—they were walking together, Hanley was abusing the prisoner, and he returned the compliment; I saw Hanley's arm round the prisoner's neck, and I had a job to get him off, they were struggling together, not on the ground—I had to force Hanley on the ground before I could get him to release his hold—his lip was bleeding at that time, but nothing was said about it, or about taking him into custody—I did not say it served him right, or any such expression.</p>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> Had you ever seen the prisoner before?
<hi rend="italic">A.</hi> Yes; but not to know him, or have any conversation with him.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-70" type="witnessName">
<interp inst="t18690503-name-70" type="gender" value="male"/>
<interp inst="t18690503-name-70" type="surname" value="BUTCHER"/>
<interp inst="t18690503-name-70" type="given" value="WILLIAM DEAN"/>WILLIAM DEAN BUTCHER</persName> </hi>. I was house surgeon at St. Bartholomew's hospital—Hanley was brought there by Collins, about 9 o'clock—I examined him—I found a small piece cut completely out of his lip, he had lost a good deal of blood, but was not bleeding at that time—he will always have the mark, it will never completely recover—there were the marks of teeth on the lip.</p>
<hi rend="italic">Cross-examined. Q.</hi> Did he appear as if he had been drinking very much?
<hi rend="italic">A.</hi> He had been drinking, certainly—a blow with a ring would not have caused the injury, a piece was cut completely out, and there were the marks of teeth—the front of his dress was stained with blood.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-71" type="witnessName">
<interp inst="t18690503-name-71" type="gender" value="male"/>
<interp inst="t18690503-name-71" type="surname" value="TURNER"/>
<interp inst="t18690503-name-71" type="given" value="JOHN"/>JOHN TURNER</persName> </hi>. (
<hi rend="italic">City Polwefmian</hi> 162). I apprehended the prisoner about 10.15 the same evening—I told him I wanted him on a charge of assault, and biting a man's lip off—he said he did not do it, and he did not know anything about it—he was sober, but appeared as if he had been drinking.</p>
<hi rend="italic">Cross-examined. Q.</hi> Where did you take him?
<hi rend="italic">A.</hi> At his lodging, in bed.</p>
<hi rend="italic">The prisoner received a good character.</hi> </p>
<hi rend="smallCaps">
<rs id="t18690503-458-verdict-1" type="verdictDescription">
<interp inst="t18690503-458-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18690503-458-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18690503-458-punishment-10" type="punishmentDescription">
<interp inst="t18690503-458-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18690503-458-punishment-10" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-458-18690503 t18690503-458-punishment-10"/>Four Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18690503-459">
<interp inst="t18690503-459" type="uri" value="sessionsPapers/18690503"/>
<interp inst="t18690503-459" type="date" value="18690503"/>
<join result="criminalCharge" id="t18690503-459-charge-1" targOrder="Y" targets="def1-459-18690503 t18690503-459-offence-1 t18690503-459-verdict-1"/>
<join result="criminalCharge" id="t18690503-459-charge-2" targOrder="Y" targets="def2-459-18690503 t18690503-459-offence-1 t18690503-459-verdict-2"/>
<join result="criminalCharge" id="t18690503-459-charge-3" targOrder="Y" targets="def3-459-18690503 t18690503-459-offence-1 t18690503-459-verdict-3"/>
<persName id="def1-459-18690503" type="defendantName">
<interp inst="def1-459-18690503" type="gender" value="male"/>
<interp inst="def1-459-18690503" type="age" value="48"/>
<interp inst="def1-459-18690503" type="surname" value="COLEMAN"/>
<interp inst="def1-459-18690503" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN COLEMAN</hi> (48)</persName>,
<persName id="def2-459-18690503" type="defendantName">
<interp inst="def2-459-18690503" type="gender" value="male"/>
<interp inst="def2-459-18690503" type="age" value="60"/>
<interp inst="def2-459-18690503" type="surname" value="LAWRENCE"/>
<interp inst="def2-459-18690503" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN LAWRENCE</hi> (60)</persName>, and
<persName id="def3-459-18690503" type="defendantName">
<interp inst="def3-459-18690503" type="gender" value="male"/>
<interp inst="def3-459-18690503" type="age" value="25"/>
<interp inst="def3-459-18690503" type="surname" value="HOOPER"/>
<interp inst="def3-459-18690503" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WIL
<lb/>LIAM HOOPER</hi> (25)</persName>
<rs id="t18690503-459-offence-1" type="offenceDescription">
<interp inst="t18690503-459-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18690503-459-offence-1" type="offenceSubcategory" value="fraud"/>, Unlawfully conspiring together, with others, to procure for sale twenty copies of a painting called "The Railway Station," and other Paintings, without the consent of the publisher.</rs> </p>
<hi rend="largeCaps">COLEMAN</hi>
<hi rend="smallCaps">
<rs id="t18690503-459-verdict-1" type="verdictDescription">
<interp inst="t18690503-459-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18690503-459-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.</p>
<hi rend="smallCaps">MR. H. S. GIFFARD</hi>, Q. C.,
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. MONTAGU WILLIAMS</hi>.
<hi rend="italic">conducted the Prose
<hi rend="smallCaps">MR. UNDERDOWN</hi>.
<hi rend="italic">defended Lawrence, and</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">defended Hooper.</hi> </p>
<hi rend="smallCaps">
<persName id="t18690503-name-75" type="witnessName">
<interp inst="t18690503-name-75" type="gender" value="male"/>
<interp inst="t18690503-name-75" type="surname" value="GRAVES"/>
<interp inst="t18690503-name-75" type="given" value="HENRY"/>HENRY GRAVES</persName> </hi>. I am a publisher and print seller, at 6, Pall Mall—I published a painting called "The Railway Station"—I produce an engraving of that picture—I registered the painting at Stationer's Hall, on 30th April—this is an impression from my engraved steel plate—this (
<hi rend="italic">produced</hi>) is a photograph from my engraving—I have a picture called "My First Sermon, "Painted by Mr. Millais—this is a photograph of my engraving of "My First Sermon"—this is a photograph of a picture called "My Second Sermon," from my engraving—I have copies of my engraving here—this is</p>
<xptr type="pageFacsimile" doc="186905030012"/>
<p>a photograph of a picture called "Ordered on Foreign Service," from my engraving—I also produce the photograph of the painting called "The Anxious Mother," from my engraving—I published an engraving of the picture called "The Last Kiss"—this is the photograph from it—I know a picture called "The Parable of the Woman Searching for the Lost Piece of Money"—this is a photograph from my engraving of that picture—I am sole publisher of those engravings, the photographs of which have been produced—I never gave my consent to either of the prisoners to copy or sell them—I have spent a very large sum of money on these pictures and their copyrights, since I have been in business, nearly half a million of money—I have found, from time to time, the engravings have decreased in sale on account of these photographs—an engraving of "The Railway Station" would be five guineas—the photographs are sold for 10
<hi rend="italic">s</hi>., 12
<hi rend="italic">s</hi>., or 15
<hi rend="italic">s</hi>.—I never gave Lawrence any authority to copy my works at all—the painting would not produce a photograph—the plate must be done first, and then the photograph taken from the plate.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. UNDERDOWN</hi>.
<hi rend="italic">Q.</hi> We will take the pictures in order—the first, I believe was "The Railway Station;" who was the painter of that?
<hi rend="italic">A.</hi> Mr. Frith, the R A.—I have the agreement here signed by him and Mr. Flatow—I bought it from Mr. Flatow on 7th July, 1863—I did not buy it from Mr. Frith, but he was a party to the agreement—I bought it of Mr. Flatow—I registered the copyright myself at Stationer's Hall—I have never seen a registration of the copyright in Mr. Frith's, nor in Mr. Flatow's name—there is the registration (
<hi rend="italic">produced</hi>) which I made myself—it certifies that I am the owner of the copyright (
<hi rend="italic">read</hi>)—that is the only registration of copyright I have, and this is the agreement between Mr. Flatow and myself—the date of registration is May 30th, 1868—the agreement is dated 11th July, 1863—that is the evidence of my copyright in that picture—the next is "My First Sermon,"That was painted by Mr. Millais, R A.—I don't know when—I bought it of the trustees of Moore & McQueen, the publishers, a limited society—they had the management, I believe under the Court of Chancery, or some Court, for the winding up of the affairs—I have not that agreement here—I think it was burnt in my unfortunate fire when the Opera was burnt—the copyright and picture was sold to me by that agreement—the copyright and the steel plates—I caused that to be entered in the registry (
<hi rend="italic">read</hi>)—I made the transaction with Mr. Agnew, one of the trustees—"My Second Sermon" was also painted by Mr. Millais—it was a companion picture to it—I bought it at the same time, and under the same circumstances, from the same person—I have never discovered that agreement since—that, with others, was in the centre room of my premises, which was burnt to ashes—I saw it when it was made, and read it through carefully—Moore & McQueen were the owners of the picture when I bought it—I don't know that that appeared on the face of the agreement—it was well known in the trade they were the owners of the copyright, and I was perfectly satisfied of it, or I should not have bought it—I satisfied myself that Mr. Agnew had sold it to Moore & McQueen, who bought it from Mr. Millais—I was not present when it was first purchased—the picture, "Ordered on Foreign Service," was painted by Mr. Collinson, and I purchased it and the copyright direct from him—the memorandum of agreement was burnt in the fire on my premises when Her Majesty's Theatre was destroyed—I bought the picture at the British Institution in 1863, and the copyright was transferred to me subsequently—the "Anxious</p>
<xptr type="pageFacsimile" doc="186905030013"/>
<p>Mother" was painted by Mr. G. B. O'Niel—the copyright of this picture I purchased of Mr. Flatow, and it was duly registered—"The Last Kits" is the work of Miss Edwards; I bought it at the Royal Academy, private view, and it was registered in 1865—it was said by Mr. Trewbridge that he had previously purchased the picture, but Miss Edwards arranged matters, and I retained it—"The Lost Piece of Money" was painted by Mr. Millais for Baron Marochetti—I bought copyright and picture direct from the artist—when my plate was finished I sent the picture home to Baron Marochetti, and that is all I know respecting it—"The Piper and Pair of Nutcrackers" was painted by Sir E. Landseer, and I published the engraving in 1866—I bought the copyright of Mr. Flatow—I never purchased the picture—Mr. Flatow bought it of Sir E. Landseer—I am sorry to say that these pirated photographs are made in too many places.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-76" type="witnessName">
<interp inst="t18690503-name-76" type="gender" value="male"/>
<interp inst="t18690503-name-76" type="surname" value="BURGESS"/>
<interp inst="t18690503-name-76" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY BURGESS</persName> </hi>. I am in the employment of Mr. Graves—I have seen Coleman hawking photographs about, from 10 o'clock in the morning till 9 o'clock at night, for six or seven weeks together—I have purchased photographs of him—I know the prisoner Lawrence—he occupied a room on the third floor at 15, Powell Street, Goswell Street West, Goswell Road—I watched the house for some considerable time, and saw Coleman go in and out with a black box—I have seen brown paper parcels taken to Lawrence's by Coleman—on one occasion, in Lime Street Square, part of a parcel was open, and I saw photographs of "My First Sermon," and "My Second Sermon," inside—I was present when Lawrence's house was searched by the police—850 photographs of pictures were found there.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. UNDERDOWN</hi>.
<hi rend="italic">Q.</hi> Are you the gentleman who describes himself on this card as a private detective, ready to get up evidence in divorce, bigamy, county court, and other cases?
<hi rend="italic">A.</hi> I am; but for two years I have been employed by Mr. Graves, exclusively—there have been a great many convictions, and a good many people have been imprisoned—I was introduced to Mr. Graves by Mr. Curry, a clerk to an optician—I made it my business to be intimate with the prisoners—I may have written letters to people, asking them to get photographs for me—I have seen photographs of almost all the subjects which have been mentioned here—I saw Coleman pay Lawrence money on one or two occasions—I cannot say that I have paid particular attention to any female relatives of the prisoners—I was never engaged to be married to one of them.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-77" type="witnessName">
<interp inst="t18690503-name-77" type="gender" value="male"/>
<interp inst="t18690503-name-77" type="surname" value="MCDOUGAL"/>
<interp inst="t18690503-name-77" type="given" value="EDWARD JOHN"/>EDWARD JOHN McDOUGAL</persName> </hi>. I have been engaged for several weeks in watching the three prisoners—I went to Hooper's shop, on one occasion, to take two photographs to be mounted, and I saw Lawrence there—he left with a brown paper parcel in his possession—it was the same parcel that Mr. Hooper had previously shown me—it contained photographs of "The Railway Station," "My Second Sermon," and other pictures—I have seen. Coleman go into Lawrence's house; and Lawrence, on other occasions, has met Coleman in Lime Street Square, and received money from him.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. UNDERDOWN</hi>.
<hi rend="italic">Q.</hi> Is the letter produced in your handwriting?
<hi rend="italic">A.</hi> It is (
<hi rend="italic">Letter read. It was addressed to Messrs. Beckman Brothers, and asked them to obtain photographs of certain pictures, including</hi> "
<hi rend="italic">My Second Sermon" some landscapes, &c.</hi>)—The letter was not written exactly at the dictation of Mr. Graves; I used my own discretion as to what I should say—it is a practice generally adopted—I have asked shop-keepers for photographs, that I might buy them—Mr. Graves always found the money.</p>
<xptr type="pageFacsimile" doc="186905030014"/>
<hi rend="smallCaps">
<persName id="t18690503-name-78" type="witnessName">
<interp inst="t18690503-name-78" type="gender" value="indeterminate"/>
<interp inst="t18690503-name-78" type="surname" value="BULL"/>
<interp inst="t18690503-name-78" type="given" value="JOHJI MARK"/>JOHJI MARK BULL</persName> </hi>. (
<hi rend="italic">City Detective Sergeant</hi>). I received warrants to apprehend the prisoners—I and Sergeant Funnel! watched Lawrence's house on 17th December—I saw Coleman come out with a black box over his shoulders—we followed him as far as Old Street, where we stopped him, and took from him the box—it contained photographs of some of the engravings produced, "The Railway Station," "The Piper and Nutcrackers," "My First Sermon," "My Second Sermon," and "Ordered on Foreign Service"—we afterwards searched Lawrenoe's house.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-79" type="witnessName">
<interp inst="t18690503-name-79" type="gender" value="male"/>
<interp inst="t18690503-name-79" type="surname" value="FUNNILL"/>
<interp inst="t18690503-name-79" type="given" value="EDWARD"/>EDWARD FUNNILL</persName> </hi>. (
<hi rend="italic">Detective Sergeant</hi>). I acted with the last witness in apprehending the prisoners—I sent a person to knock at Lawrence's door—on Lawrence coming out we walked in—I asked him if his name was Lawrence, and he said that it was—I told him that I held a warrant for his apprehension—he became very excited—I said that I wanted to search his house, and he replied that if I had not plenty of strength with me, if I had only two or three officers, I should not take him out of his house alive—I had five officers with me—I took him up into a room, and read the warrant, and then we searched him, and the house—I found about 850 photographs, of different kinds, and they were identified by Mr. Graves as copies of his engravings—there were hundreds of others of which the prosecutor knew nothing—there were copies of "The Railway Station," "My First Sermon," "My Second Sermon," "Ordered on Foreign Service," "The Last Kiss," &c.—he was asked by Mr. Graves from whence he had the photographs, and he replied from a person in Scotland, but that he did not know exactly where he lived.</p>
<hi rend="italic">Cross-examined. Q.</hi> Were there as many photographs found, which were not copies of Mr. Graves' pictures, as there were copies?
<hi rend="italic">A.</hi> More.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-80" type="witnessName">
<interp inst="t18690503-name-80" type="gender" value="male"/>
<interp inst="t18690503-name-80" type="surname" value="CUMROY"/>
<interp inst="t18690503-name-80" type="given" value="JOHN"/>JOHN CUMROY</persName> </hi>. I am a picture dealer, and have been to Lawrence's place of business six or seven times altogether—I purchased small photographs from him on different occasions—they were the size of
<hi rend="italic">cartes de visite</hi>—I bought copies of "My Second Sermon," "The Piper and Pair of Nutcrackers," and "Ordered on Foreign Service"—I paid a mere trifling price for them, about 1 1/2
<hi rend="italic">d</hi>. each, or 1
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>. per dozen, I forget which—we had a few words about his selling these photographs—he said that it could not interfere with the sale of Mr. Graves' large engravings, he thought Mr. Graves would not look after such little things, but that it would be better to be cautious.</p>
<hi rend="italic">Cross-examined. Q.</hi> You have been in this line of business yourself?
<hi rend="italic">A.</hi> Not very much; I have been charged with it, but not convicted—I was summoned, but the summons was in the wrong name, and I did not appear—they afterwards fetched me in the right name—there was no trial—Mr. Graves was very lenient with me, and let me off, and then his agent asked me if I would appear against Lawrence—I told him that I would find out all that I could—I said that my transaction with Lawrence was of so trifling a character that anything that I could say would not do him any injury.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-81" type="witnessName">
<interp inst="t18690503-name-81" type="gender" value="male"/>
<interp inst="t18690503-name-81" type="surname" value="MANSER"/>
<interp inst="t18690503-name-81" type="given" value="HENRY"/>HENRY MANSER</persName> </hi>. I live at 188, Si John Street, Clerkenwell, and am a picture-frame maker—I know Lawrence, and have purchased from him, at different times, photographs of "The Railway Station," "The Piper and Pair of Nutcrackers," "Ordered on Foreign Service," "My First Sermon," "The Last Kiss," and others—I have been prosecuted for these things myself, but was let off on consideration—I paid the expenses of the sum
<lb/>mouses—I gave Mr. Graves 30
<hi rend="italic">s</hi>.</p>
<hi rend="italic">Witnesses for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18690503-name-82" type="witnessName">
<interp inst="t18690503-name-82" type="gender" value="male"/>
<interp inst="t18690503-name-82" type="surname" value="MILLAIS"/>
<interp inst="t18690503-name-82" type="given" value="JOHN EVERETT"/>JOHN EVERETT MILLAIS</persName> </hi>, R. A. I am the painter of "The First</p>
<xptr type="pageFacsimile" doc="186905030015"/>
<p>Sermon"—I finished it about January, 1863—I sold it to Mr. Gambart—I should have reserved the copyright to myself at the time it was paid for; I did not—I painted "The Second Sermon" in 1864, and sold it to Mr. Agnew—I painted it for him—it was understood that the copyright was to pass to him—"The Lost Piece of Money" is mine; the transaction of that was, that Baron Marochetti made a bust of my wife, and I promised to do something in return—I gave it to him after it came from the exhibition—it was painted before that, in 1862—I sold the copyright to Mr. Graves, in December, 1862—I have an entry in my book of the payment at the time I sold it, and there was a payment afterwards—it came from the exhibition to me, and then went into the hands of Mr. Graves.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> I believe you spoke of having sold the first picture that was mentioned to Mr. Gambart; what do you mean, exactly? do you mean, you agreed to sell it to him, and it was not entirely carried out?
<hi rend="italic">A.</hi> It was not, it was a peculiar case; it was in this way: Mr. Gambart came to me, and I understood he was to have the picture; and a short time after that Mr. Agnew came to my studio, and saw the picture, and told me he had bought it of Mr. Gambart, and at that time he understood that the copyright was mine, a fact which he must have dis
<lb/>covered from Mr. Agnew—he wished to have the copyright as well as the picture, and there and then he gave me a cheque for the copyright—that was on 27th January, 1863, and the next day Mr. Gambart paid me for the picture; so I was paid by Mr. Agnew for the copyright before I was paid for the picture—Mr. Gambart has not complained.</p>
<hi rend="smallCaps">MR. UNDERDOWN</hi>.
<hi rend="italic">Q.</hi> Until the transaction was completed you con
<lb/>sidered the copyright was yours?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-83" type="witnessName">
<interp inst="t18690503-name-83" type="gender" value="male"/>
<interp inst="t18690503-name-83" type="surname" value="FRITH"/>
<interp inst="t18690503-name-83" type="given" value="WILLIAM POWELL"/>WILLIAM POWELL FRITH</persName> </hi>, R. A. I am the painter of the picture called "The Railway Station"—it was begun in 1860 and finished in 1862—the picture from which the engraving was taken was finished in December, 1862, and the whole transaction was completed in 1863—it was painted on commission for Mr. Flatow—he had two pictures of the same subject.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-84" type="witnessName">
<interp inst="t18690503-name-84" type="gender" value="male"/>
<interp inst="t18690503-name-84" type="surname" value="COLLINSON"/>
<interp inst="t18690503-name-84" type="given" value="ROBERT"/>ROBERT COLLINSON</persName> </hi>. I painted the picture "Ordered on Foreign Ser
<lb/>vice"—I commenced it in 1861, and completed it in 1862—I sent it to the British Institution, in Pall Mall, and subsequently sold it te Mr. Graves—I made certain reservations as to the copyright when I transferred it to Mr. Graves—I reserved to myself the right of disposing of all studies and sketches of the said picture in my possession—this is a memorandum I made: "I afterwards, before the said payment was made, transferred to him the copyright, and gave him a slip to that effect."</p>
<hi rend="smallCaps">
<persName id="t18690503-name-85" type="witnessName">
<interp inst="t18690503-name-85" type="gender" value="male"/>
<interp inst="t18690503-name-85" type="surname" value="O'NEILL"/>
<interp inst="t18690503-name-85" type="given" value="GEORGE"/>GEORGE O'NEILL</persName> </hi>. I am the painter of the picture called "The Anxious Mother"—I painted it in 1865, and sold it to Mr. Flatow—I gave him a written transfer of the picture and copyright.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-86" type="witnessName">
<interp inst="t18690503-name-86" type="gender" value="male"/>
<interp inst="t18690503-name-86" type="surname" value="MURRAY"/>
<interp inst="t18690503-name-86" type="given" value="HENRY"/>HENRY MURRAY</persName> </hi>. I am a solicitor—I have the agreement about "The Railway Station," between Mr. Frith and Mr. Flatow—the date is the 10th September, 1860—I have nothing about "The Anxious Mother"—I have the transfer, to Mr. Flatow, of "The Piper and Nutcrackers"—I have the draft proposal to sell the copy; that is dated 4th November, 1864.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-87" type="witnessName">
<interp inst="t18690503-name-87" type="gender" value="male"/>
<interp inst="t18690503-name-87" type="surname" value="HILLS"/>
<interp inst="t18690503-name-87" type="given" value="THOMAS HIND"/>THOMAS HIND HILLS</persName> </hi>. I am a friend of Sir Edwin Landseer's, and take care of his things, sometimes—I recollect the painting of "The Piper and the Nutcrackers"—that was sold to Mr. Flatow in 1864, I think—he bought three pictures.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-88" type="witnessName">
<interp inst="t18690503-name-88" type="gender" value="male"/>
<interp inst="t18690503-name-88" type="surname" value="DAY"/>
<interp inst="t18690503-name-88" type="given" value="ALFRED"/>ALFRED DAY</persName> </hi>. I have examined the register of drawings, paintings, and</p>
<xptr type="pageFacsimile" doc="186905030016"/>
<p>Photographs, at Stationer's Hall, from the commencement—there is no entry there of a transferrence of a copyright from Sir Edwin Landseer to Mr. Flatow, of "The Piper and the Pair of Nutcrackers"—all I have here is from Flatow to Mr. Graves—there is no entry of the First and Second Sermons, from Moore & McQueen to Graves & Co.; nor from Millais to Mr. Gambart; nor from Mr. Gambart to Moore & McQueen—there is no entry from Millais to Mr. Agnew; or from O'Neill to Flatow—there is a registration of "The Lost Piece of Money," from Mr. Millais to Mr. Graves—I have no entry in the name of Mr. Millais, as being the proprietor of that copyright—I have not seen it.</p>
<hi rend="largeCaps">LAWRENCE</hi>
<hi rend="smallCaps">
<rs id="t18690503-459-verdict-2" type="verdictDescription">
<interp inst="t18690503-459-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18690503-459-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18690503-459-punishment-11" type="punishmentDescription">
<interp inst="t18690503-459-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18690503-459-punishment-11" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-459-18690503 t18690503-459-punishment-11"/>Twelve Months Imprisonment.</rs> </hi> </p>
<hi rend="largeCaps">HOOPER</hi>
<hi rend="smallCaps">
<rs id="t18690503-459-verdict-3" type="verdictDescription">
<interp inst="t18690503-459-verdict-3" type="verdictCategory" value="notGuilty"/>
<interp inst="t18690503-459-verdict-3" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<hi rend="largeCaps">COLEMAN</hi>
<hi rend="italic">
<rs id="t18690503-459-punishment-12" type="punishmentDescription">
<interp inst="t18690503-459-punishment-12" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18690503-459-punishment-12" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-459-18690503 t18690503-459-punishment-12"/>To enter into recognizance to appear to receive judgment when called upon.</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, May</hi> 4
<hi rend="italic">th</hi>, 1869.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18690503-460">
<interp inst="t18690503-460" type="uri" value="sessionsPapers/18690503"/>
<interp inst="t18690503-460" type="date" value="18690503"/>
<join result="criminalCharge" id="t18690503-460-charge-1" targOrder="Y" targets="def1-460-18690503 t18690503-460-offence-1 t18690503-460-verdict-1"/>
<persName id="def1-460-18690503" type="defendantName">
<interp inst="def1-460-18690503" type="gender" value="male"/>
<interp inst="def1-460-18690503" type="age" value="31"/>
<interp inst="def1-460-18690503" type="surname" value="THIERRY"/>
<interp inst="def1-460-18690503" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY THIERRY</hi> (31)</persName>
<rs id="t18690503-460-offence-1" type="offenceDescription">
<interp inst="t18690503-460-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18690503-460-offence-1" type="offenceSubcategory" value="forgery"/>,
<hi rend="smallCaps">
<rs id="t18690503-460-verdict-1" type="verdictDescription">
<interp inst="t18690503-460-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18690503-460-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. to feloniously forging and uttering an order for the payment of 5
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>.;
<hi rend="italic">also</hi>, an order for the payment of 4
<hi rend="italic">l</hi>.;
<hi rend="italic">alto</hi>, an order for the payment of 4
<hi rend="italic">l</hi>., he having been convicted, at Clerkenwell, in May, 1867—</rs>
<hi rend="italic">
<rs id="t18690503-460-punishment-13" type="punishmentDescription">
<interp inst="t18690503-460-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18690503-460-punishment-13" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-460-18690503 t18690503-460-punishment-13"/>Two Years' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18690503-461">
<interp inst="t18690503-461" type="uri" value="sessionsPapers/18690503"/>
<interp inst="t18690503-461" type="date" value="18690503"/>
<join result="criminalCharge" id="t18690503-461-charge-1" targOrder="Y" targets="def1-461-18690503 t18690503-461-offence-1 t18690503-461-verdict-1"/>
<persName id="def1-461-18690503" type="defendantName">
<interp inst="def1-461-18690503" type="gender" value="male"/>
<interp inst="def1-461-18690503" type="age" value="22"/>
<interp inst="def1-461-18690503" type="surname" value="COLVIN"/>
<interp inst="def1-461-18690503" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES COLVIN</hi> (22)</persName>
<rs id="t18690503-461-offence-1" type="offenceDescription">
<interp inst="t18690503-461-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18690503-461-offence-1" type="offenceSubcategory" value="fraud"/>, to unlawfully obtaining 5
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>. and 8
<hi rend="italic">d</hi>. 4
<hi rend="italic">d</hi>., by false pretences;
<hi rend="italic">also</hi>, the sum of 3
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>.;
<hi rend="italic">also</hi>, to feloniously forging and uttering a receipt for 3
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., with intent to defraud;
<hi rend="italic">also</hi>, to stealing twenty-four bill-heads of the
<persName id="t18690503-name-91" type="victimName">
<interp inst="t18690503-name-91" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18690503-461-offence-1 t18690503-name-91"/>Great Northern Railway Company</persName>, his masters—
<hi rend="italic">
<rs id="t18690503-461-punishment-14" type="punishmentDescription">
<interp inst="t18690503-461-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18690503-461-punishment-14" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-461-18690503 t18690503-461-punishment-14"/>Twelve Months Imprisonment</rs>.</hi> And</rs>
<rs id="t18690503-461-verdict-1" type="verdictDescription">
<interp inst="t18690503-461-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18690503-461-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18690503-462">
<interp inst="t18690503-462" type="uri" value="sessionsPapers/18690503"/>
<interp inst="t18690503-462" type="date" value="18690503"/>
<join result="criminalCharge" id="t18690503-462-charge-1" targOrder="Y" targets="def1-462-18690503 t18690503-462-offence-1 t18690503-462-verdict-1"/>
<persName id="def1-462-18690503" type="defendantName">
<interp inst="def1-462-18690503" type="gender" value="male"/>
<interp inst="def1-462-18690503" type="age" value="35"/>
<interp inst="def1-462-18690503" type="surname" value="HARGREAVES"/>
<interp inst="def1-462-18690503" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE HARGREAVES</hi> (35)</persName>
<rs id="t18690503-462-offence-1" type="offenceDescription">
<interp inst="t18690503-462-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18690503-462-offence-1" type="offenceSubcategory" value="burglary"/>, to burglariously breaking and entering the dwelling-house of
<persName id="t18690503-name-93" type="victimName">
<interp inst="t18690503-name-93" type="gender" value="male"/>
<interp inst="t18690503-name-93" type="surname" value="RITTER-MULLER"/>
<interp inst="t18690503-name-93" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18690503-462-offence-1 t18690503-name-93"/>James Ritter-muller</persName>, and stealing one handkerchief and 6
<hi rend="italic">d</hi>.;
<hi rend="italic">also</hi>, to burglariously breaking and entering the dwelling-house of
<persName id="t18690503-name-94" type="victimName">
<interp inst="t18690503-name-94" type="gender" value="female"/>
<interp inst="t18690503-name-94" type="surname" value="STEPHENS"/>
<interp inst="t18690503-name-94" type="given" value="EMMA"/>
<join result="offenceVictim" targOrder="Y" targets="t18690503-462-offence-1 t18690503-name-94"/>Emma Stephens</persName>, with intent to steal. </rs>
<hi rend="italic">He received a good character—
<rs id="t18690503-462-punishment-15" type="punishmentDescription">
<interp inst="t18690503-462-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18690503-462-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-462-18690503 t18690503-462-punishment-15"/>Nine Months Impritonment</rs>.</hi>
<rs id="t18690503-462-verdict-1" type="verdictDescription">
<interp inst="t18690503-462-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18690503-462-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18690503-463">
<interp inst="t18690503-463" type="uri" value="sessionsPapers/18690503"/>
<interp inst="t18690503-463" type="date" value="18690503"/>
<join result="criminalCharge" id="t18690503-463-charge-1" targOrder="Y" targets="def1-463-18690503 t18690503-463-offence-1 t18690503-463-verdict-1"/>
<persName id="def1-463-18690503" type="defendantName">
<interp inst="def1-463-18690503" type="gender" value="male"/>
<interp inst="def1-463-18690503" type="age" value="45"/>
<interp inst="def1-463-18690503" type="surname" value="TESTER"/>
<interp inst="def1-463-18690503" type="given" value="MALCOLM"/>
<hi rend="largeCaps">MALCOLM TESTER</hi> (45)</persName>
<rs id="t18690503-463-offence-1" type="offenceDescription">
<interp inst="t18690503-463-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18690503-463-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, Stealing 139
<hi rend="italic">l</hi>. 13
<hi rend="italic">e.</hi>, 116
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., and 83
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., of
<persName id="t18690503-name-96" type="victimName">
<interp inst="t18690503-name-96" type="gender" value="male"/>
<interp inst="t18690503-name-96" type="surname" value="HIGGINS"/>
<interp inst="t18690503-name-96" type="given" value="RICHARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18690503-463-offence-1 t18690503-name-96"/>Richard Higgins</persName> and others, his masters.</rs> </p>
<hi rend="smallCaps">
<persName id="t18690503-name-97" type="witnessName">
<interp inst="t18690503-name-97" type="gender" value="indeterminate"/>
<interp inst="t18690503-name-97" type="surname" value="HUDDLESTON"/>
<interp inst="t18690503-name-97" type="given" value="MIL"/>MIL HUDDLESTON</persName> </hi>, Q. C.,
<hi rend="italic">with</hi>
<hi rend="smallCaps">MR. STRAIGHT</hi>,
<hi rend="italic">conducted the Prosecution; and</hi> </p>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>,
<hi rend="italic">with</hi>
<hi rend="smallCaps">MR. F. H. LEWIS</hi>,
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18690503-name-98" type="witnessName">
<interp inst="t18690503-name-98" type="gender" value="male"/>
<interp inst="t18690503-name-98" type="surname" value="MCDARBY"/>
<interp inst="t18690503-name-98" type="given" value="JAMES"/>JAMES McDARBY</persName> </hi>. I am a laceman, of Han way Street, Oxford Street—on 3rd March, 1866, an acceptance of mine for 139
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>. was coming due, and I sent this cheque for that amount, dated 2nd March, 1866, to Messrs. Eagle, Higgins, & Hutchinson—I have looked for the acceptance, but cannot find it—the cheque was returned to me by my bankers, who have debited me with the amount—my pass-book is here—the acceptance was given for goods supplied by the firm.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> If I understand the trans-action, you sent the cheque to Higgins & Co. to take up a bill which was due on the 3rd?
<hi rend="italic">A.</hi> Yes—I crossed the cheque—I believe this to be Mr. Higgins' writing on the back—he is the principal of the firm.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-99" type="witnessName">
<interp inst="t18690503-name-99" type="gender" value="male"/>
<interp inst="t18690503-name-99" type="surname" value="EDWARDS"/>
<interp inst="t18690503-name-99" type="given" value="EDWARD"/>EDWARD EDWARDS</persName> </hi>. I am chief clerk and cashier to Higgins, Eagle & Co.—I keep the books of the firm, and have them all here—the course of business is to enter the goods supplied to customers in the journal, and the goods so supplied and entered are posted to the debit of the customer in the ledger—when goods were paid for in cash it was the duty of the person</p>
<xptr type="pageFacsimile" doc="186905030017"/>
<p>holding the prisoner's position to debit himself in the cash-book with that amount, which would be posted to the credit of the customer's account in the ledger—in ordinary transactions goods were supplied and money paid, but in cases where acceptances are given the course is that the acceptances shall be entered to the debit of the customer the same as cash—that item so entered to the debit would be carried to the credit of the customer's account in the ledger, the same as cash, and a folio would be entered intimating that it had been carried into the cash-book—whether the prisoner would keep those acceptances in his cash-box or pay them into the bank, would vary according to circumstances—if the acceptance was discounted before it came to maturity, it would sometimes be taken up by a cheque of the firm, but not always—where it was taken up by a cheque of the firm a credit entry for the amount would appear on the credit side of the cash-book, and where the customer's cheque or money is received to take up the acceptance, it would appear on the debit side—where an acceptance is taken up by a cheque of the firm, there would be a credit entry in the cash-book, and a debit entry of the money received from the customers—it is our practice to put what we term exchange folios, a folio opposite the debit, indicating where the credit is made, and a folio opposite the credit, intimating where the debit is made—this would not be a ledger transaction—in the case where an acceptance is dishonoured, a cheque would be drawn by the firm, and entered on the credit side of the cash-book—where the bill is dishonored, the credit would be carried to the customer's account, which would be charged with it—the credit entry would have the folio of the ledger, and the entry in the ledger would have, the folio of the cash-book credit—when the customer paid the money it would appear on the debit side of the cash-book, and would be posted on the credit side of the ledger to the customer's credit, whose account would then be square, and the transaction in the cash-book would appear, the prisoner debiting himself with the acceptance, and crediting himself with the cheque or money to take up the acceptance—in McDarby's account here is a debit of 139
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>., for goods supplied between September 19th and October 19th inclusive—the cash-book containing the entry of McDarby's acceptances is missing—I last saw it in the autumn of 1867, in the prisoner's possession, but have not been able to find it since—McDarby's account is credited in the ledger with this acceptance, and bean a folio referring to the missing cash-book—McDarby's account stands debited with goods and credited by the acceptance which had been dis
<lb/>counted—this cheque (
<hi rend="italic">produced</hi>) is drawn in the prisoner's writing, and I find that be credits himself with it in March, 1866—it is the cheque given by the firm to pay McDarby's acceptance, and therefore that item appears to the credit of the prisoner's account—this cheque (
<hi rend="italic">produced</hi>), given by McDarby to take up his acceptance, is not debited in the prisoner's account—it nowhere appears to his debit—I find on the credit side the exchange folio 29, but at folio 29 on the debit side there is no entry—that folio 29 is a fictitious entry—in the course of writing, the figures indicating the folio would be made after the corresponding debit entry; it would not be made till he had made the entry on the debit side—this cheque of McDarby's did go through the prosecutor's bank—the prisoner's cash balance would be made up of the money in the bank, plus the money in the cash-box, and the amount of the cash balance would appear according to the debits in the cash-book—if any sum was not entered to the debit the cash balance would be so much less, and although the cheque might be carried to the cash</p>
<xptr type="pageFacsimile" doc="186905030018"/>
<p>account, the cash balance would still be the less—a corresponding amount might be taken out of the cash-box, but when we cast up the cash balance there was this amount against him.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> Was this cash-book entirely kept by the prisoner?
<hi rend="italic">A.</hi> Entirely, but I occasionally posted into it; I posted all cash for goods bought—I should not post this cheque to take up an acceptance—I cannot speak positively, but I believe the prisoner had occa
<lb/>sionally the assistance of other clerks—he gave himself credit for this 139
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>., and then he would have to account for that amount; it is rightly entered to the credit of cash, not to the credit of Tester, that is the payment side—the entry of McDarby's original cheque for 139
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>. is in the missing book, he there debits himself with the bill—what I say is, that he ought to have debited himself with this cheque—he has not debited him
<lb/>self with the cheque in the missing book, but with the original acceptance—I say that, because it ends December 31st, 1865, therefore the cheque could not appear in it, because it is dated March, 1866—it ought to have appeared at page 29 of the cash-book of March 2nd—what appeared in the missing book was the three months' bill—what he ought to have done, was to debit himself with the cheque, and he has not done it—his duties were very responsible—I have succeeded him, and my duties are very respon
<lb/>sible—I believe he had been twelve years in the service of the firm, six years with me—I believe that almost all the gentlemen connected with the firm, and also their chief clerk, and Tester, left another lace firm and established this busines, but I do not know it of my own knowledge—I know that Mr. Tester has been known to the firm for a longer period than he has served them as clerk—I have heard that his salary was 340
<hi rend="italic">l</hi>. a-year—he left on 31st March, 1868—he received many cheques and a great quantity of cash in the course of a month, and on the two principal collecting days he would receive a larger amount of cash than on other days—he sometimes had more than 1000
<hi rend="italic">l</hi>. in cheques, and cash, and notes, in his cash-box, to pay into the bank—the two collecting days were the 10th of the month and the second Thursday, which varied from the 8th to the 14th—I do not know whether he received and opened all the letters that came from the country of a morning, I do not do so, one of the firm does that—if one of the firm opened the letters, then the remittances from the country would pass through Tester's hands every morning—that is the case with me now—we send out about eight collectors to collect the town accounts, the business has increased very much since that—I observe that on 1st, 2nd, and 3rd March, 1866, 2774
<hi rend="italic">l</hi>. odd passed through his hands—there are numerous items—that goes on through the book—all these entries are made by him, but I believe he occasionally had assistance—I do not receive the same salary as he did, I receive 270
<hi rend="italic">l</hi>.—very nearly a quarter of a million passed through his hands in a year—I have been engaged in investigating these accounts since Mr. Tester left, to discover anything which I believed was wrong, and I stated it to my employers, and they acted upon it—I have gone back as far as 1862—the amount per annum that passed through his hands extended over that time—this book commences January, 1866, and ends September, 1867—besides the duty of making all these entries, it was his duty to pay all cash into the bank—the cheque for McDarby has been paid into the bank—this is the banker's pass-book of March, 1866 (
<hi rend="italic">produced</hi>)—the payments were generally made in the gross, but occasionally not so—this 800
<hi rend="italic">l</hi>. on March 1st represents the</p>
<xptr type="pageFacsimile" doc="186905030019"/>
<p>receipts of the day; and March 2nd is 176
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—on March 10th 882
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>. was paid in in one amount—these amounts were left entirely to Mr. Tester—there was never an audit of accounts during the six years he was there, that I am aware of—my examination extended to 1866 and 1867 only.</p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> Was there a cash account kept, showing the amount paid in?
<hi rend="italic">A.</hi> There would be, but those books are all missing—McDarby's acceptance was due on 3rd March, he sent a cheque on the 2nd, and the firm drew a cheque on the 2nd—this acceptance was held by the Bank of England, and at maturity they present it to me for payment—they would not take McDarby's cheque, they would only take our cheque—I should say that the acceptance was payable at our warehouse, but I cannot say, they are occa
<lb/>sionally made payable there.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">to</hi>
<hi rend="smallCaps">J. MCDARBY</hi>.
<hi rend="italic">Q.</hi> Where was your acceptance made payable?
<hi rend="italic">A.</hi> I think at the prosecutor's warehouse.</p>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">to</hi>
<hi rend="smallCaps">E. EDWARDS</hi>.
<hi rend="italic">Q.</hi> Would the cheque given to Higgins be actually given to the banker's clerk when he called when the bill was due?
<hi rend="italic">A.</hi> Yes—the cheque of Higgins went into the Bank of England at once—ocurs is the City Bank—the prisoner, on behalf of his employers, got the various bills that came into his possession discounted at various houses; that was part of his duty—this bill of McDarby's was discounted by him at the Bank of England—we discounted once a month, and took a lot together—that is part of my duty now—the prisoner kept a bill-book, in which it was his duty to enter all bills—perhaps fifty bills would pass through his hands in a month—I should multiply that by twelve for the year—about 600 bills would pass through his hands in a year—it is about the same number now—this entry of 31st March (
<hi rend="italic">produced</hi>) is in the prisoner's writing, that discharges McDarby—there is no complaint of any entry in this account, or of the absence of any entry—the town ledger clerk kept this book—this "29" is in the pri
<lb/>soner's writing, it refers to the opposite page of the same book, because by acci
<lb/>dent the dates are the same—we occasionally discounted with the City Bank, and the National Discount Company, and three or four places—an I O U system prevailed, but it does not practically prevail now—the clerks and servants were in the habit of obtaining an advance of their salaries, and giving I O U's for it to Mr. Tester—the firm also obtained money from him—I do not know whether they gave I O U 's, that would be known only to them—the firm take cash of me—they do not give I O U 's, it is charged to them in a certain account immediately—the prisoner might have 1000
<hi rend="italic">l</hi>., and it might have been 2000
<hi rend="italic">l</hi>. on the evening of the 10th—he generally had to keep a small balance in the cash-box for change—I do not know that on 25th January, 1866, he had advanced cash to the amount of 191
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>., there are no means by which I can tell—I have the cheque-books here—I believe large sums were advanced on account of salaries—here is a counter
<lb/>foil, on 25th June, I O U's 19
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>., and total for salaries 301
<hi rend="italic">l</hi>.—that was paid in sundry sums, and the prisoner would take credit for it in his cash-book—on 29th March, 1866, he appears to have advanced 498
<hi rend="italic">l</hi>. on I O U 's, and the balance of wages is 150
<hi rend="italic">l</hi>.—on 20th June, 1866, I find, "I O U's 515
<hi rend="italic">l</hi>.," cheques 182
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>."—on 28th June, "I O U's 270
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., cheques 300
<hi rend="italic">l</hi>.," being 570
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. together—the salaries and wages were paid monthly, as a rule—since I have been at the head of the counting-house, this system of I O U 's has been practically abolished, it is reduced to as many tens as there were hundreds—that arrangement applied to all that were paid monthly, and not to porters, they were paid weekly.</p>
<xptr type="pageFacsimile" doc="186905030020"/>
<hi rend="smallCaps">MR. HUDDLESTON</hi>.
<hi rend="italic">Q.</hi> Was this system of I O U's a transaction between the clerk who wanted an advance and the prisoner?
<hi rend="italic">A.</hi> Yes—the clerk who wants an advance goes to the prisoner, gives an I O U, and receives part of his salary, to be debited at the end of the month—the I O U's represent cash—this one item in January, 191
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>., seems to have been advanced by him to clerks whose salaries were coming due—at the end of that month he would repay himself by writing off that amount—this is the first time he has ever suggested that—no suggestion of that kind was made before the Magistrate—this "folio" 29 is in the prisoner's writing, indicating that there is a corresponding debit entry at folio 29, but there is no such entry—the amount is greater now than when the prisoner filled the situa
<lb/>tion, but I have no difficulty in discharging the duties—the banker's pass-book says "Cash 139
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>.,"There is nothing there to show that that came from McDarby—he has nothing to do with the entry in the pass-book, it would not show to any person who looked at it that that was McDarby's cheque, it would look the same as if it was paid in in gold and silver—the cash-book is not forthcoming—it was in the prisoner's custody—it cannot be found since he has left, nor the paying in cash-book—when bills were received they would be initialed by the prisoner.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-100" type="witnessName">
<interp inst="t18690503-name-100" type="gender" value="male"/>
<interp inst="t18690503-name-100" type="surname" value="HIGGINS"/>
<interp inst="t18690503-name-100" type="given" value="RICHARD"/>RICHARD HIGGINS</persName> </hi>. I am a member of the firm of Higgins, Eagle, Hutchinson & Co., of 6, Cannon Street, lace warehousemen—the prisoner came into our service in 1856 as principal clerk, his salary when he left was 360
<hi rend="italic">l</hi>. a year—Mr. Edwards now occupies the same position—this cheque was signed by me on behalf of the firm, to take up the acceptance of McDarby for 139
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>.—the date is March 3rd, 1866—we hare been de
<lb/>bited with that in our banker's book—stock was taken at Christmas, 1866—I have not the stock taking book for 1866 here, but I have for 1867—after taking stock in 1866 we had a conversation with the prisoner respect
<lb/>ing the stock taking, but I do not recollect whether any reference was made to the deficiency—I believe the deficiency was 462
<hi rend="italic">l</hi>.—we took stock again at Christmas, 1867, and the deficiency was then about 900
<hi rend="italic">l</hi>.—the paper (
<hi rend="italic">produced</hi>) represents the debts owing to the firm in 1866, but it does not contain the stock taking—after the stock taking in 1867, when we found 900
<hi rend="italic">l</hi>. deficiency, I had a conversation with the prisoner on the subject—he was asked if he could account for the deficiency by myself, in conjunction with Mr. Eagle, and I believe we were all present—he said, "I do not believe it"—he was asked if he could account for it in any way—in consequence of that conversation it was arranged that Mr. Hutchinson should examine the books—I believe that was in January, 1868—Mr. Hutchinson fell ill, and the examination was carried on by Mr. Edwards at a subsequent period.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> Is this (
<hi rend="italic">the stock-book</hi>) in your writing?
<hi rend="italic">A.</hi> No—I did not superintend the stock taking, I left it principally to Mr. Hutchinson—this was at the end of 1867—I do not speak from the results he arrived at, but from the results shown by the prisoner—the greater part of this book is in the prisoner's writing—he took the accounts and balanced—we take the quantity of goods that are on the premises at the end of the year—we also take the amount of our pur
<lb/>chases and sales; but that has nothing to do with the stock taking—this, "Bought ledger," is in Mr. Edwards' writing—this, "Town debts," is not in the prisoner's writing, I told you that some part of it was—this all comes from my books, which are kept in the counting house—the prisoner had</p>
<xptr type="pageFacsimile" doc="186905030021"/>
<p>nothing to do with the accounts—the stock in hand remaining unsold in 1867 was about 30,000
<hi rend="italic">l</hi>., and at the end of 1866 it was about the same—we do not value it at invoice prices, we put an actual value, according to the state of the market—if goods have increased in value, we take the increased value, and if lessened, the lesser value—the value is what the firm would have to give if ther went into the market and bought it on that day; the market price—a deficiency of 900
<hi rend="italic">l</hi>. is not the correct term, it is not a de
<lb/>ficiency on the transactions of the year's business, but it is a discrepancy, which is not accounted for by comparing the sales and profit on the sales with the expenses and outgoings—we arrived at it by comparing Mr. Edwards' books with Mr. Tester's, and therefore, there was a check so far as those books were concerned, in comparing the profit with the expenses-book, there is a discrepancy of about 900
<hi rend="italic">l</hi>.; not a deficiency on the year's trading, but debiting the expenses, there is something wrong in the result—that discrepancy would not be at all affected by the variation of the market—this is the definite result, it has nothing to do with the diminished value of the goods—a balance sheet was struck at the end of 1866—that shows a deficiency, in the same manner as 1867, of 400
<hi rend="italic">l</hi>.—the balance sheet con
<lb/>sists of the entire transactions of one year—we have premises in the Curtain Road—I will pledge my oath that in that balance sheet for 1866 a deficiency is shown—this (
<hi rend="italic">produced</hi>) is the balance sheet for 1867; but it will not show the amount; it shows a loss, in 1867, of 446
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>.—that re
<lb/>presents the amount unaccounted for between profits and expenses—we took the bad debts at a valuation.</p>
<hi rend="italic">Q.</hi> You value them at 200
<hi rend="italic">l</hi>., suppose they were to produce 300
<hi rend="italic">l</hi>., that would lessen the amount?
<hi rend="italic">A.</hi> No—it would not show in that year, it would show in the following year—the 900
<hi rend="italic">l</hi>. does not include the dis
<lb/>crepancy of 400
<hi rend="italic">l</hi>. in the previous year—the balance less 446
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. means that comparing the profits made, which are ascertained from various books, and the expenses compared with the profits, there is an amount of 446
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. unaccounted for—during the whole of this time the prisoner's accounts were not checked or audited by me—they were partially checked by Mr. Hutchinson, but to what extent I am not able to say—I was sometimes in the habit of taking money from the prisoner, and giving him an I O U; but the practice invariably was that in receiving money for my private purposes, the amounts were entered in the cash-book, and initialed by myself, to show that I had received the money—the practice ought always to have been so, and it was so, with very rare exceptions—I believe my partners occasionally gave I O U's for money—Mr. Tester also kept the private ledger for the firm—he did not assist in the warehouse; he may have done so voluntarily, but it was not part of his usual work.</p>
<hi rend="smallCaps">MR. HUDDLESTON</hi>.
<hi rend="italic">Q.</hi> Instead of going to your bank, you would take your own money from Tester, and give him an acknowledgment?
<hi rend="italic">A.</hi> Yes; almost invariably the amount was entered in the cash-book, and initialed by us—it would go to our private accounts, and he would get credit for it—Mr. Hutchinson used to call for the cash balance occasionally, and the balance would be made up by the amount in the bank, and the amount in the cash-box—he was liable to be called upon at any time for the cash balance—when we made up our account, I put on one side our expenses and outgoings, and on the other our sales and profits, and comparing the one with the other, I find in one year 400
<hi rend="italic">l</hi>., and in the other 900
<hi rend="italic">l</hi>., less than there ought to be.</p>
<xptr type="pageFacsimile" doc="186905030022"/>
<hi rend="smallCaps">
<persName id="t18690503-name-101" type="witnessName">
<interp inst="t18690503-name-101" type="gender" value="male"/>
<interp inst="t18690503-name-101" type="surname" value="EAGLE"/>
<interp inst="t18690503-name-101" type="given" value="WILLIAM"/>WILLIAM EAGLE</persName> </hi>. I am one of the firm of Higgins, Eagle & Hutchinson—in January last the prisoner called me into the counting-house, and said that he objected very much to Mr. Hutchinson going over the books, that they were all right, and he considered it casting a reflection on him; and he talked of resigning—Mr. Hutchinson was ill—he came down twice a week, and then Mr. Edwards went on—the prisoner asked for a partnership, which we did not entertain for a moment; and then he gave notice, in March, 1868.</p>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> That put an end to all engagements between you?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-102" type="witnessName">
<interp inst="t18690503-name-102" type="gender" value="male"/>
<interp inst="t18690503-name-102" type="surname" value="POWIS"/>
<interp inst="t18690503-name-102" type="given" value="JOSEPH HARLET"/>JOSEPH HARLET POWIS</persName> </hi>. I live at 11, Temple Street, Birmingham—in April, 1866, I carried on business in Birmingham, under the style of H. Powis & Co.—I had an acceptance coming due on 14th April, 1866, drawn by Higgins, Eagle & Hutchinson, for goods supplied—I cannot tell you where the acceptance was payable—I was in the habit of accepting bills drawn by Messrs. Higgins, payable, I think, at the Joint Stock Bank—the date of this cheque is 12th April, 1866—I sent it by my clerk—he omitted to send it before bank hours, and I sent it by post to the prose
<lb/>cutor—it is for 116
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—I am debited with it in my bankers' book, which I have with me—the cheque is crossed to the City Bank, and is payable to Higgins, Eagle & Hutchinson, or order—it is endorsed, "Higgins, Eagle & Hutchinson."</p>
<hi rend="smallCaps">
<persName id="t18690503-name-103" type="witnessName">
<interp inst="t18690503-name-103" type="gender" value="male"/>
<interp inst="t18690503-name-103" type="surname" value="EDWARDS"/>
<interp inst="t18690503-name-103" type="given" value="EDWARD"/>EDWARD EDWARDS</persName> </hi>. (
<hi rend="italic">re-examined</hi>). By the ledger account, I find that Mr. Powis is debited with goods to the amount of 116
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>., 6
<hi rend="italic">d</hi>.; and in the cash account Mr. Powis's acceptance is debited to the prisoner for 116
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., on the 15th January, 1866—the acceptance is debited, and the cash account is credited to the prisoner, in the ledger—Powis's acceptance was dishonoured, through omission to advise the bank in time—this cheque for 116
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. was drawn by Messrs. Higgins to pay Powis's acceptance; 1
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. is added for noting—the prisoner ought to credit himself with that cheque, and he has not done so—as Powis's acceptance was dishonoured, this entry ought to have been carried to the debit of Powis, in the ledger, as a dis
<lb/>honoured acceptance, and it is so carried—Powis sent up this cheque for 116
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., which bears the endorsement of the firm in the prisoner's writing, and it was paid into the bank—he has not debited himself in the cash account with that cheque—Powis's account in the ledger is debited with the dishonoured acceptance, 116
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>., to which there is "Fo. 45," indicating that at folio 45 the cheque will appear in the cash-book—I find, opposite Powis's account, for the dishonoured acceptance in the ledger account, "Fo. 76, 116
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>."—that means that at folio 76 will be found this entry; but there is no such entry—there is no debit to the cash account for Powis's cheque.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-104" type="witnessName">
<interp inst="t18690503-name-104" type="gender" value="indeterminate"/>
<interp inst="t18690503-name-104" type="surname" value="HALLIWELL"/>
<interp inst="t18690503-name-104" type="given" value="JANI"/>JANI HALLIWELL</persName> </hi>. I am a ladies' outfitter, of Croydon—on 1st May, 1866, I accepted the draft for 83
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., drawn by Messrs. Higgins, Eagle & Hutchinson, payable on 4th August at their warehouse—it was met when due.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-105" type="witnessName">
<interp inst="t18690503-name-105" type="gender" value="male"/>
<interp inst="t18690503-name-105" type="surname" value="EDWARDS"/>
<interp inst="t18690503-name-105" type="given" value="EDWARD"/>EDWARD EDWARDS</persName> </hi>. (
<hi rend="italic">re-examined</hi>). In Mrs. Halliwell's account, goods to the amount of 83
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. appeared to her debit—she also appears to be credited with an acceptance, and "Fo". 86 is appended to that credit entry—that means folio 86 in the cash-book—the prisoner does not debit himself with that acceptance in the cash-book—this is the date of the acceptance when the bill began to run—there is no such debit—this was paid by Mrs.</p>
<xptr type="pageFacsimile" doc="186905030023"/>
<p>Halliwell at maturity—I cannot find that the prisoner debits himself with it anywhere.</p>
<hi rend="italic">The prisoner received an excellent character.</hi> </p>
<hi rend="smallCaps">
<rs id="t18690503-463-verdict-1" type="verdictDescription">
<interp inst="t18690503-463-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18690503-463-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>. (
<hi rend="italic">See</hi> page 37).</p> </div1>
<div1 type="trialAccount" id="t18690503-464">
<interp inst="t18690503-464" type="uri" value="sessionsPapers/18690503"/>
<interp inst="t18690503-464" type="date" value="18690503"/>
<join result="criminalCharge" id="t18690503-464-charge-1" targOrder="Y" targets="def1-464-18690503 t18690503-464-offence-1 t18690503-464-verdict-1"/>
<join result="criminalCharge" id="t18690503-464-charge-2" targOrder="Y" targets="def2-464-18690503 t18690503-464-offence-1 t18690503-464-verdict-1"/>
<join result="criminalCharge" id="t18690503-464-charge-3" targOrder="Y" targets="def3-464-18690503 t18690503-464-offence-1 t18690503-464-verdict-1"/>
<persName id="def1-464-18690503" type="defendantName">
<interp inst="def1-464-18690503" type="gender" value="male"/>
<interp inst="def1-464-18690503" type="age" value="20"/>
<interp inst="def1-464-18690503" type="surname" value="RYAN"/>
<interp inst="def1-464-18690503" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES RYAN</hi> (20)</persName>,
<persName id="def2-464-18690503" type="defendantName">
<interp inst="def2-464-18690503" type="gender" value="male"/>
<interp inst="def2-464-18690503" type="age" value="18"/>
<interp inst="def2-464-18690503" type="surname" value="MURRAY"/>
<interp inst="def2-464-18690503" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN MURRAY</hi> (18)</persName>, and
<persName id="def3-464-18690503" type="defendantName">
<interp inst="def3-464-18690503" type="gender" value="male"/>
<interp inst="def3-464-18690503" type="age" value="18"/>
<interp inst="def3-464-18690503" type="surname" value="COOMBES"/>
<interp inst="def3-464-18690503" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM COOMBES</hi> (18)</persName>
<rs id="t18690503-464-offence-1" type="offenceDescription">
<interp inst="t18690503-464-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18690503-464-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing one puree, one sovereign, and other money, from the person of
<persName id="t18690503-name-109" type="victimName">
<interp inst="t18690503-name-109" type="gender" value="female"/>
<interp inst="t18690503-name-109" type="surname" value="WALKER"/>
<interp inst="t18690503-name-109" type="given" value="EMMA"/>
<join result="offenceVictim" targOrder="Y" targets="t18690503-464-offence-1 t18690503-name-109"/>Emma Walker</persName>, to which they</rs> </p>
<hi rend="smallCaps">
<rs id="t18690503-464-verdict-1" type="verdictDescription">
<interp inst="t18690503-464-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18690503-464-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.</p>
<hi rend="largeCaps">MURRAY</hi> and
<hi rend="largeCaps">CROOMES</hi> were further charged with having been before convicted.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-110" type="witnessName">
<interp inst="t18690503-name-110" type="gender" value="male"/>
<interp inst="t18690503-name-110" type="surname" value="PHKLAN"/>
<interp inst="t18690503-name-110" type="given" value="THOMAS"/>THOMAS PHKLAN</persName> </hi>. (
<hi rend="italic">Policeman L</hi> 170). I produce a certificate—(
<hi rend="italic">Read: William Cope convicted at Lambeth Police Court, April</hi>, 1868,
<hi rend="italic">of stealing a purse. Two months' imprisonment"</hi>)—I was present at the trial—Coombes is the man.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-111" type="witnessName">
<interp inst="t18690503-name-111" type="gender" value="male"/>
<interp inst="t18690503-name-111" type="surname" value="KEMP"/>
<interp inst="t18690503-name-111" type="given" value="RICHARD"/>RICHARD KEMP</persName> </hi>. I am a warder of the House of Correction—I produce a certificate—(
<hi rend="italic">Read: "Thomas Dixon, convicted July</hi>, 1867,
<hi rend="italic">at Southwark, of stealing</hi> 8
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.
<hi rend="italic">from the person. Four months imprisonment"</hi>)—Murray is the person—I had charge of him.</p>
<hi rend="largeCaps">MURRAY</hi> and
<hi rend="largeCaps">CROOMES</hi>
<hi rend="smallCaps">GUILTY</hi>.—
<hi rend="italic">
<rs id="t18690503-464-punishment-16" type="punishmentDescription">
<interp inst="t18690503-464-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18690503-464-punishment-16" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-464-18690503 t18690503-464-punishment-16"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-464-18690503 t18690503-464-punishment-16"/>Years' each in Penal Servitude.</rs> </hi>
<hi rend="largeCaps">RYAN</hi>.—
<hi rend="italic">
<rs id="t18690503-464-punishment-17" type="punishmentDescription">
<interp inst="t18690503-464-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18690503-464-punishment-17" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-463-18690503 t18690503-464-punishment-17"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Tuesday, May</hi> 4
<hi rend="italic">th</hi>, 1869.
<hi rend="italic">Before Robert Malcolm, kerr, Esq.</hi> </p>
<div1 type="trialAccount" id="t18690503-465">
<interp inst="t18690503-465" type="uri" value="sessionsPapers/18690503"/>
<interp inst="t18690503-465" type="date" value="18690503"/>
<join result="criminalCharge" id="t18690503-465-charge-1" targOrder="Y" targets="def1-465-18690503 t18690503-465-offence-1 t18690503-465-verdict-1"/>
<persName id="def1-465-18690503" type="defendantName">
<interp inst="def1-465-18690503" type="gender" value="male"/>
<interp inst="def1-465-18690503" type="age" value="17"/>
<interp inst="def1-465-18690503" type="surname" value="WHITE"/>
<interp inst="def1-465-18690503" type="given" value="JOSEPH"/>
<hi rend="largeCaps">JOSEPH WHITE</hi> (17)</persName>
<rs id="t18690503-465-offence-1" type="offenceDescription">
<interp inst="t18690503-465-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18690503-465-offence-1" type="offenceSubcategory" value="burglary"/>, Burglary in the dwelling-house of
<persName id="t18690503-name-113" type="victimName">
<interp inst="t18690503-name-113" type="gender" value="male"/>
<interp inst="t18690503-name-113" type="surname" value="GOODFELLOW"/>
<interp inst="t18690503-name-113" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18690503-465-offence-1 t18690503-name-113"/>William Goodfellow</persName>, and stealing two coats, his property.</rs> </p>
<hi rend="smallCaps">MR. HUNT</hi>.
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18690503-name-114" type="witnessName">
<interp inst="t18690503-name-114" type="gender" value="female"/>
<interp inst="t18690503-name-114" type="surname" value="GOODFELLOW"/>
<interp inst="t18690503-name-114" type="given" value="MARY ANN"/>MARY ANN GOODFELLOW</persName> </hi>. I am the wife of William Goodfellow, and live at 93, Norfolk Road, Essex Road—on Saturday evening, 24th April, I went out at 10.45 to meet my son—I returned at two or three minutes past 11, with my son, and when I got near my gate, I saw the prisoner jump out at the window—I went after him, caught hold of him, and asked what business he had in my room—he said he had not been in the room—he pulled his coat open, and said, "You see, I have got nothing about me"—I said, "No, but you were in my room with intention to rob me"—he said, "I have not been in the room; go back to the house and see, and let your son stand by me;" but I stood by him myself, and sent my son back—a policeman came up, and I gave him in custody—the policeman went into the house—when I went out I had left the house fastened securely—the window was shut, and the doors all shut and fastened.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-115" type="witnessName">
<interp inst="t18690503-name-115" type="gender" value="indeterminate"/>
<interp inst="t18690503-name-115" type="surname" value="GOODFELLOW"/>
<interp inst="t18690503-name-115" type="given" value="FRIDERICK"/>FRIDERICK GOODFELLOW</persName> </hi>. I am the prosecutrix' son—on 24th April, I was coming home with her about 11.5—I was close by the gate, and I saw the prisoner jump out at the window—my mother ran after him and I fol
<lb/>lowed—the prisoner said he had nothing, and told my mother to go back to the house and leave me with him, but mother sent me back—I found the window and door open, and two coats on the sofa—I did not lose sight of the prisoner till he was given in custody.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-116" type="witnessName">
<interp inst="t18690503-name-116" type="gender" value="male"/>
<interp inst="t18690503-name-116" type="surname" value="HOWLETT"/>
<interp inst="t18690503-name-116" type="given" value="ZACHARIAH"/>ZACHARIAH HOWLETT</persName> </hi>. (
<hi rend="italic">Policeman N</hi> 70). The prisoner was given into my custody—I went to the parlour and took the prisoner with me—I saw these two coats lying on the sofa—the prosecutrix said she had left them safe in the drawer when she went out.</p>
<hi rend="italic">Prisoner's Defence.</hi> I was on the opposite side of the road, going along, and the witness came and stopped me.</p>
<hi rend="smallCaps">
<rs id="t18690503-465-verdict-1" type="verdictDescription">
<interp inst="t18690503-465-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18690503-465-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>. *</p>
<hi rend="italic">
<rs id="t18690503-465-punishment-18" type="punishmentDescription">
<interp inst="t18690503-465-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18690503-465-punishment-18" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-465-18690503 t18690503-465-punishment-18"/>Eighteen Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18690503-466">
<interp inst="t18690503-466" type="uri" value="sessionsPapers/18690503"/>
<interp inst="t18690503-466" type="date" value="18690503"/>
<join result="criminalCharge" id="t18690503-466-charge-1" targOrder="Y" targets="def1-466-18690503 t18690503-466-offence-1 t18690503-466-verdict-1"/>
<xptr type="pageFacsimile" doc="186905030024"/>
<persName id="def1-466-18690503" type="defendantName">
<interp inst="def1-466-18690503" type="gender" value="male"/>
<interp inst="def1-466-18690503" type="age" value="19"/>
<interp inst="def1-466-18690503" type="surname" value="BARRATT"/>
<interp inst="def1-466-18690503" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS BARRATT</hi> (19)</persName>
<rs id="t18690503-466-offence-1" type="offenceDescription">
<interp inst="t18690503-466-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18690503-466-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing part of a gold chain from the person of
<persName id="t18690503-name-118" type="victimName">
<interp inst="t18690503-name-118" type="gender" value="male"/>
<interp inst="t18690503-name-118" type="surname" value="JACOBS"/>
<interp inst="t18690503-name-118" type="given" value="MARK"/>
<join result="offenceVictim" targOrder="Y" targets="t18690503-466-offence-1 t18690503-name-118"/>Mark Jacobs</persName>.</rs> </p>
<hi rend="smallCaps">MR. BRINDLEY</hi>.
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18690503-name-119" type="witnessName">
<interp inst="t18690503-name-119" type="gender" value="male"/>
<interp inst="t18690503-name-119" type="surname" value="JACOBS"/>
<interp inst="t18690503-name-119" type="given" value="MARK"/>MARK JACOBS</persName> </hi>. I live at 6, Brown's Lane, Spitalfields, and am a cap maker—on 17th April I was in Artillery Street—two men came up to me all of a sudden, one on one side and one on the other—Barratt was the one on my left—he snatched my chain—it broke, and he ran away—this is part of the chain, the other part is gone—I saw him in custody after.</p>
<hi rend="italic">Prisoner. Q.</hi> Did you ever see me before I was in the policeman's hands?
<hi rend="italic">A.</hi> I believe you are the one who snatched my chain—I ran after you, calling "Stop thief!"—I don't know what trowsers you had on—I swear to you—I saw your face distinctly—I can't say that I ever saw you before.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-120" type="witnessName">
<interp inst="t18690503-name-120" type="gender" value="indeterminate"/>
<interp inst="t18690503-name-120" type="surname" value="DUNNAWAY"/>
<interp inst="t18690503-name-120" type="given" value="PORTER WILLIAM"/>PORTER WILLIAM DUNNAWAY</persName> </hi>. (
<hi rend="italic">Sergeant H</hi> 11). I was in Artillery Street on this night, and heard a cry of "Stop thief!"—I saw Barratt running—I ran after him along Dorset Street into French Alley—when he got to the top he turned round and walked back, and struck me on the cheek as hard as he could; I struck him back—he kicked me, and I kicked him and said if he kicked me I would kick his legs off—Mr. Osborne came up, and I took him to the station—at the station he said, if he had taken any of the chain, he had not got it; he did not know where it was—he also said, "I don't think you ought to say anything about the assault, I think you have hurt me as much as I have you"—I had charged him with stealing the chain.</p>
<hi rend="italic">Prisoner.</hi> Did you find anything on me?
<hi rend="italic">Witness.</hi> No—when the pro
<lb/>secutor came up he said it was you who took the chain.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-121" type="witnessName">
<interp inst="t18690503-name-121" type="gender" value="male"/>
<interp inst="t18690503-name-121" type="surname" value="OSBORN"/>
<interp inst="t18690503-name-121" type="given" value="JAMES"/>JAMIS OSBORN</persName> </hi>. (
<hi rend="italic">Police Inspector H</hi>). I was in Artillery Street with Dunnaway—I heard a cry of "Stop thief!"—I saw Barratt running—I followed after Dunnaway—I saw the prisoner turn round and walk back about six or eight yards, meeting Dunnaway, who was in advance of me—when he got up, before Dunnaway had laid hands on him, the prisoner aimed a blow at him, and struck him on the neck—I took hold of him one side, and Dunnaway the other—he was very violent—I can't say that I saw him kick Dunnaway, but I heard the kick, and heard Dunnaway call out—he was taken to the station.</p>
<hi rend="italic">Prisoner. Q.</hi> How far is White's Row from Artillery Lane?
<hi rend="italic">A.</hi> Very short distance—you did not go into White's Row—I had just discharged a cab at that moment—I was at the corner of Raven Row—I was eleven yards from Dunnaway when you struck him.</p>
<hi rend="italic">Prisoner Defence.</hi> I was with my mother, at the corner of Artillery Street, and saw three men come up and snatch the gentleman's chain—mother told me not to follow them or I might get in charge—I ran after them, and Dunnaway caught hold of me—I said if he hit me again I would kick him—I have got the marks now—he can't say I kicked him.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-122" type="witnessName">
<interp inst="t18690503-name-122" type="gender" value="female"/>
<interp inst="t18690503-name-122" type="surname" value="BARRETT"/>
<interp inst="t18690503-name-122" type="given" value="MARY ANN"/>MARY ANN BARRETT</persName> </hi>. I am the mother of the prisoner—I was with my son, and saw three men rush up to the old gentleman—we were coming from Petticoat Lane—the man called out "Robbery!" and "Stop thief!"—and I told my son not to run, but he would in spite of me—my son was with me after selling some work.</p>
<hi rend="italic">Cross-examined. Q.</hi> How far were you from the old gentleman?
<hi rend="italic">A.</hi> Across the street—it is a narrow street—my son ran because everyone ran—it was 5 o'clock in the evening—I was not at the station when my son</p>
<xptr type="pageFacsimile" doc="186905030025"/>
<p>was charged I went straight home—I live in Whitecross Street—I did not know he was locked up till the evening—I went and brought him some food—I was not asked to make a statement before the Magistrate—I was there, but I was not called—they were tall men that attacked the gentleman—none of them were so short as my son—one was a great deal taller than my son, and I believe that was the man that did it; because he ran first.</p>
<hi rend="smallCaps">
<rs id="t18690503-466-verdict-1" type="verdictDescription">
<interp inst="t18690503-466-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18690503-466-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">further</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>. **
<hi rend="italic">to a farmer conviction on the</hi> 7
<hi rend="italic">th January</hi>, 1867,
<hi rend="italic">
<rs id="t18690503-466-punishment-19" type="punishmentDescription">
<interp inst="t18690503-466-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18690503-466-punishment-19" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-466-18690503 t18690503-466-punishment-19"/>the name of Thomas Wood.—Seven Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18690503-467">
<interp inst="t18690503-467" type="uri" value="sessionsPapers/18690503"/>
<interp inst="t18690503-467" type="date" value="18690503"/>
<join result="criminalCharge" id="t18690503-467-charge-1" targOrder="Y" targets="def1-467-18690503 t18690503-467-offence-1 t18690503-467-verdict-1"/>
<persName id="def1-467-18690503" type="defendantName">
<interp inst="def1-467-18690503" type="gender" value="male"/>
<interp inst="def1-467-18690503" type="age" value="19"/>
<interp inst="def1-467-18690503" type="surname" value="LEWIS"/>
<interp inst="def1-467-18690503" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN LEWIS</hi> (19)</persName>
<rs id="t18690503-467-offence-1" type="offenceDescription">
<interp inst="t18690503-467-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18690503-467-offence-1" type="offenceSubcategory" value="forgery"/>, Forging and uttering a request for the delivery of twelve pieces of glass, with intent to defraud.</rs> </p>
<hi rend="smallCaps">MR. LEIGH</hi>.
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="largeCaps">WILLIAM BRIDEN</hi>. I am a looking-glass silver, and I reside at Great Alie Street, Whitechapel—on 31st March, the prisoner brought me this paper (
<hi rend="italic">Read</hi>:"Please to send by the bearer, one dozen best plate glass, 10ft. by 8ft W. Griffin")—I knew a tradesman of the name of Griffin—I supplied him for many years, I supposed the prisoner came from him—it was on the faith of that order that I supplied the goods to him—there was an order after that, for eighteen pieces of glass—the value was about 13
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>—this order marked "A," for a dozen and a half, was the first order—that was on the 3rd, a little boy brought that—I sent my man outside, and he brought the prisoner in, and I sent for a constable and gave him into custody—I supplied the goods on the faith that it was Mr. Griffin's name.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-124" type="witnessName">
<interp inst="t18690503-name-124" type="gender" value="male"/>
<interp inst="t18690503-name-124" type="surname" value="GRIFFIN"/>
<interp inst="t18690503-name-124" type="given" value="ALFRED"/>ALFRED GRIFFIN</persName> </hi>. I live at Bowling Green Lane, Hoxton, and am a dressing case maker—I am an occasional customer of the last witness—this paper is not in my handwriting or by my authority—I did not authorize the prisoner to get any glass for me—some six years ago he was my errand boy—he left to learn a trade—I did not authorize him to present this piece of paper for me.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-125" type="witnessName">
<interp inst="t18690503-name-125" type="gender" value="male"/>
<interp inst="t18690503-name-125" type="surname" value="FRANKLIN"/>
<interp inst="t18690503-name-125" type="given" value="GEORGE"/>GEORGE FRANKLIN</persName> </hi>. (
<hi rend="italic">Policeman H</hi> 162). On 3rd April the prisoner was given into my custody—I told him the charge, and he said he had had the glass.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-126" type="witnessName">
<interp inst="t18690503-name-126" type="gender" value="male"/>
<interp inst="t18690503-name-126" type="surname" value="WALKER"/>
<interp inst="t18690503-name-126" type="given" value="HENRY"/>HENRY WALKER</persName> </hi>. I live at Baker's Buildings, Liverpool Road—on 3rd April I was in the Whitechapel Road—I saw the prisoner there, and he asked me if I wanted a job—I said, "Yes"—he said, "Come along with me"—I went with him, and he said, "Take this to the glass manufac
<lb/>turer's"—he gave me that paper, and I went into Mr. Griffin's with it.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-127" type="witnessName">
<interp inst="t18690503-name-127" type="gender" value="male"/>
<interp inst="t18690503-name-127" type="surname" value="BRIDEN"/>
<interp inst="t18690503-name-127" type="given" value="WILLIAM"/>WILLIAM BRIDEN</persName> </hi>. (
<hi rend="italic">re-examined</hi>). When the prisoner bought the paper marked "A," I asked him if it was Mr. Griffin's handwriting—he said, "No, it is Miss Griffin's, Mr. Griffin is out all day to-day."</p>
<hi rend="smallCaps">
<persName id="t18690503-name-128" type="witnessName">
<interp inst="t18690503-name-128" type="gender" value="female"/>
<interp inst="t18690503-name-128" type="surname" value="GRIFFIN"/>
<interp inst="t18690503-name-128" type="given" value="EMMA"/>EMMA GRIFFIN</persName> </hi>. I did not write these papers—the writing is strange to me—I know nothing about it at all.</p>
<hi rend="italic">Prisoner Defence.</hi> It is not my handwriting. I was sent by Mr. Griffin's man to fetch the glass. I did not know the order was forged.</p>
<hi rend="smallCaps">
<rs id="t18690503-467-verdict-1" type="verdictDescription">
<interp inst="t18690503-467-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18690503-467-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18690503-467-punishment-20" type="punishmentDescription">
<interp inst="t18690503-467-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18690503-467-punishment-20" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-467-18690503 t18690503-467-punishment-20"/>Eighteen Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18690503-468">
<interp inst="t18690503-468" type="uri" value="sessionsPapers/18690503"/>
<interp inst="t18690503-468" type="date" value="18690503"/>
<join result="criminalCharge" id="t18690503-468-charge-1" targOrder="Y" targets="def1-468-18690503 t18690503-468-offence-1 t18690503-468-verdict-1"/>
<join result="criminalCharge" id="t18690503-468-charge-2" targOrder="Y" targets="def2-468-18690503 t18690503-468-offence-1 t18690503-468-verdict-2"/>
<persName id="def1-468-18690503" type="defendantName">
<interp inst="def1-468-18690503" type="gender" value="male"/>
<interp inst="def1-468-18690503" type="age" value="38"/>
<interp inst="def1-468-18690503" type="surname" value="MUNDAY"/>
<interp inst="def1-468-18690503" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES MUNDAY</hi> (38)</persName>, and
<persName id="def2-468-18690503" type="defendantName">
<interp inst="def2-468-18690503" type="gender" value="male"/>
<interp inst="def2-468-18690503" type="age" value="34"/>
<interp inst="def2-468-18690503" type="surname" value="ARMSTRONG"/>
<interp inst="def2-468-18690503" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM ARMSTRONG</hi> (34)</persName>
<rs id="t18690503-468-offence-1" type="offenceDescription">
<interp inst="t18690503-468-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18690503-468-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, Breaking and entering the shop of
<persName id="t18690503-name-131" type="victimName">
<interp inst="t18690503-name-131" type="gender" value="male"/>
<interp inst="t18690503-name-131" type="surname" value="FISHER"/>
<interp inst="t18690503-name-131" type="given" value="FREDERICK CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t18690503-468-offence-1 t18690503-name-131"/>Frederick Charles Fisher</persName>, and stealing 6030 pieces of paper, a watch and breast pin, and other goods, his pro
<lb/>perty, </rs>
<persName id="def3-468-18690503" type="defendantName">
<interp inst="def3-468-18690503" type="gender" value="indeterminate"/>
<interp inst="def3-468-18690503" type="surname" value="MUNDAY"/>
<interp inst="def3-468-18690503" type="given" value=""/>
<hi rend="largeCaps">MUNDAY</hi> </persName>
<hi rend="smallCaps">
<rs id="t18690503-468-verdict-1" type="verdictDescription">
<interp inst="t18690503-468-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18690503-468-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.</p>
<hi rend="smallCaps">MR. DALT</hi>.
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18690503-name-133" type="witnessName">
<interp inst="t18690503-name-133" type="gender" value="male"/>
<interp inst="t18690503-name-133" type="surname" value="GISBEY"/>
<interp inst="t18690503-name-133" type="given" value="THOMAS"/>THOMAS GISBEY</persName> </hi>. (
<hi rend="italic">City Police Sergeant</hi> 51). About 3.30, on Thursday morning</p>
<xptr type="pageFacsimile" doc="186905030026"/>
<p>last, I was assisting Inspector Harding to search the rear of the premise at 31, London Wall—that is about seventy yards from 13, Moorgate Street—I found Armstrong on a stack of bricks, in the rear of 34, London Wall—I don't think he was asleep—I pulled him up, and said, "What are you doing here? '—he made no answer—I found 3
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>. worth of postage stamps, in a piece of brown paper, under the breast of his coat, a silver watch, a scarf pin, 7
<hi rend="italic">s</hi>. 38
<hi rend="italic">d</hi>. in coppers, a medal, a crossed cheque for 70
<hi rend="italic">l</hi>., and a knife; and Sergeant Hurst, in my presence, took out of his pocket a dark lantern—I took him to the station—he did not give a correct address.</p>
<hi rend="italic">Armstrong.</hi> I was fast asleep, and the officer woke me up—I did not know where I was.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-134" type="witnessName">
<interp inst="t18690503-name-134" type="gender" value="male"/>
<interp inst="t18690503-name-134" type="surname" value="HURST"/>
<interp inst="t18690503-name-134" type="given" value="THOMAS"/>THOMAS HURST</persName> </hi>. (
<hi rend="italic">City Police Sergeant</hi> 62). I have heard the evidence just given—that is correct—I was present when he was taken—I went on the roof of 38, Moorgats Street, and I went over the roof of the houses till I got to 13, occupied by Mr. Fisher—I found the trap door broken open—on one side of the door, where the bolts pass, there was a pane of glass at the top, that was broken so that anyone could put their hand in—there were marks on the door, which I compared with this chisel—I found this screw-driver on the roof of 15, Moorgats Street—the prisoners were traced over twenty-seven houses—I went through the trap door into the house, and found on the staircase a door had been broken open—I proceeded down, and getting into the passage the door leading to the shop had been broken open—after passing through the shop into the counting-house, we found an iron safe lying on the floor, broken open, and the cash-box also broken open, and the whole place in disorder—I was present when some wedges were found, a hammer, and two crowbars—the safe appeared to have been opened by the crowbars—I took a lantern out of the prisoner Armstrong's pocket, and some silent matches—I assisted Sergeant Gisbey in waking him up—he was not drunk—I don't think he was asleep.</p>
<hi rend="italic">Munday.</hi> He was not the man who was with me—he was not the man who travelled the roofs with me.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">to</hi>
<hi rend="smallCaps">THOMAS GISBEY</hi>.
<hi rend="italic">Q.</hi> What kind of place is this stack of bricks?
<hi rend="italic">A.</hi> They are in the rear of 34, London Wall—it was under repair—there was a boarding round the front of the house, about 14ft. or 15 ft high—I broke the lock off the door when I went in, it was a padlock—I forced it off myself—there was no entrance to the stack of bricks except by the door from the street.</p>
<hi rend="italic">Armstrong.</hi> I went in through the door.</p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> What time did you break the lock off?
<hi rend="italic">A.</hi> At 12.50—the back of the house is at the corner of Coleman Street—I traced the marks of feet from 13, Moorgate Street to the roof of the building which was under repair.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you search the prisoner?
<hi rend="italic">A.</hi> Yes—I found the brown paper parcel on his chest—his coat was buttoned over it—the watch was in his trowsers pocket, and the cheque also—the dark lantern was in his jacket pocket—I whistled to Sergeant Hurst to come up, and he pulled the lantern out of his pocket—it was not alight, it had been lit—the prisoner was lying on his right side—all these things were found in his left pockets—I think the cheque was in the right hand pocket.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-135" type="witnessName">
<interp inst="t18690503-name-135" type="gender" value="male"/>
<interp inst="t18690503-name-135" type="surname" value="FISHER"/>
<interp inst="t18690503-name-135" type="given" value="FREDERICK CHARLES"/>FREDERICK CHARLES FISHER</persName> </hi>. I keep the District Post Office, at 13, Moorgate Street—this watch and other things are mine—there was about</p>
<xptr type="pageFacsimile" doc="186905030027"/>
<hi rend="italic">l</hi>. worth of postage stamps stolen—this pin belonged to me also—this cheque for 70
<hi rend="italic">l</hi>. was in was in a table drawer in the counting-house—a safe was I broken open—some of this paper also belongs to me.</p>
<hi rend="italic">Armstrong's Statement before the Magistrate.</hi>—"I left work at 6.15, and I came to the City. I had been a teetotaller till that night I went to a I public-house, and a man asked me to take some of his drink. I got very I drunk, and came out of the house. I knocked up against the door of the I hoarding and the door came open. I tried to get out, and could not do so. I I got on the top of the bricks and went to sleep till the constable found me, I and then I did not know what I was about"</p>
<hi rend="italic">Witness for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18690503-name-136" type="witnessName">
<interp inst="t18690503-name-136" type="gender" value="male"/>
<interp inst="t18690503-name-136" type="surname" value="MUNDAY"/>
<interp inst="t18690503-name-136" type="given" value="CHARLES"/>CHARLES MUNDAY</persName> </hi>. (
<hi rend="italic">the Prisoner</hi>). The prisoner Armstrong was no party to this robbery—the man who was with me escaped—I never saw Armstrong before he was brought to the station—when I saw the lanterns over the I roofs, I jumped over the hoarding, and was taken—I left the other man inside, coming from the roof—we came along the roofs and got into the place by a ladder in the front—I took this watch and chain, and the cheque for 70
<hi rend="italic">l</hi>. out of the safe, and gave them to the man who was with me—they called him
<hi rend="italic">Browney</hi>, I don't suppose that is his name—he is ft Liverpool man—I don't know how the things got into the possession of Armstrong, whether the man left them with him, I can't say—there was a purse I took out of a drawer, and a I watch out of the safe; that was not broken open, I found the key, and unlocked that—there was nothing in the safe that was broken open—I made the parcel of stamps up—I can't account for the parcel being found on Armstrong—I never saw the man till he was brought to the station.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-137" type="witnessName">
<interp inst="t18690503-name-137" type="gender" value="male"/>
<interp inst="t18690503-name-137" type="surname" value="GISBEY"/>
<interp inst="t18690503-name-137" type="given" value="THOMAS"/>THOMAS GISBEY</persName> </hi>. (
<hi rend="italic">re-examined</hi>). Armstrong gave a false address—he said he lived at 4, Sidney Street, Somers Town, and when before the Magistrate he said he lived at Bermondsey—I went to a house there, and found that such a person lived there—I waited for five hours, but no one came home.</p>
<rs id="t18690503-468-verdict-2" type="verdictDescription">
<interp inst="t18690503-468-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18690503-468-verdict-2" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>.—</rs>
<rs id="t18690503-468-punishment-21" type="punishmentDescription">
<interp inst="t18690503-468-punishment-21" type="punishmentCategory" value="noPunish"/>
<interp inst="t18690503-468-punishment-21" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-468-18690503 t18690503-468-punishment-21"/>
<hi rend="italic">Judgment Respited.</hi> </rs> </p>
<hi rend="largeCaps">MUNDAY</hi>
<hi rend="italic">
<rs id="t18690503-468-punishment-22" type="punishmentDescription">
<interp inst="t18690503-468-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18690503-468-punishment-22" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-468-18690503 t18690503-468-punishment-22"/>Seven Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18690503-469">
<interp inst="t18690503-469" type="uri" value="sessionsPapers/18690503"/>
<interp inst="t18690503-469" type="date" value="18690503"/>
<join result="criminalCharge" id="t18690503-469-charge-1" targOrder="Y" targets="def1-469-18690503 t18690503-469-offence-1 t18690503-469-verdict-1"/>
<persName id="def1-469-18690503" type="defendantName">
<interp inst="def1-469-18690503" type="gender" value="male"/>
<interp inst="def1-469-18690503" type="age" value="27"/>
<interp inst="def1-469-18690503" type="surname" value="SMITH"/>
<interp inst="def1-469-18690503" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE SMITH</hi> (27)</persName>
<rs id="t18690503-469-offence-1" type="offenceDescription">
<interp inst="t18690503-469-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18690503-469-offence-1" type="offenceSubcategory" value="robbery"/>, Feloniously assaulting
<persName id="t18690503-name-139" type="victimName">
<interp inst="t18690503-name-139" type="gender" value="male"/>
<interp inst="t18690503-name-139" type="surname" value="DAVIS"/>
<interp inst="t18690503-name-139" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18690503-469-offence-1 t18690503-name-139"/>George Davis</persName>, with intent to rob him.</rs> </p>
<hi rend="smallCaps">MR. COLLINS</hi>.
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18690503-name-140" type="witnessName">
<interp inst="t18690503-name-140" type="gender" value="male"/>
<interp inst="t18690503-name-140" type="surname" value="DAVIS"/>
<interp inst="t18690503-name-140" type="given" value="GEORGE"/>GEORGE DAVIS</persName> </hi>. I am a merchant, at 39, Gannon Street—about 2.30 on Saturday, 3rd April, I was going to the Cannon Street Railway Station—I was wearing a watch and chain, attached to; my waistcoat—I received a blow in the stomach, which took the wind entirely away from me—at the time I received the blow the prisoner grabbed at my chain, but he could not pull the watch through—he ran away and was pursued and brought back—I am sure he is the man who grabbed my chain, and struck me in the stomach.</p>
<hi rend="italic">Prisoner.</hi> Did I not come face to face with you as you came along?
<hi rend="italic">Witness</hi> I did not see you coming towards me at all—I saw you strike the blow, as well as grab the chain.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-141" type="witnessName">
<interp inst="t18690503-name-141" type="gender" value="male"/>
<interp inst="t18690503-name-141" type="surname" value="MILLER"/>
<interp inst="t18690503-name-141" type="given" value="JOHN"/>JOHN MILLER</persName> </hi>. I am warehouseman to Messrs. Arthur, Kay & Evans—I was in Cannon Street on 3rd April—I heard Mr. Davis cry "Stop thief?" and saw the prisoner running before him—I pursued him, and caught him—Mr. Davis seemed to be doubled up.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-142" type="witnessName">
<interp inst="t18690503-name-142" type="gender" value="male"/>
<interp inst="t18690503-name-142" type="surname" value="MANNERS"/>
<interp inst="t18690503-name-142" type="given" value="JOHN"/>JOHN MANNERS</persName> </hi>. I am a warehouseman, at 9, Saint Paul's Churchyard—on</p>
<xptr type="pageFacsimile" doc="186905030028"/>
<p>3rd April I saw the prisoner running towards me—I tripped him up, I and handed him over to the officer.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-143" type="witnessName">
<interp inst="t18690503-name-143" type="gender" value="male"/>
<interp inst="t18690503-name-143" type="surname" value="GREEN"/>
<interp inst="t18690503-name-143" type="given" value="WILLIAM"/>WILLIAM GREEN</persName> </hi>. (
<hi rend="italic">City Detective</hi>). The prisoner was given into my custody by the last witness—I took him to Bow Lane Station—the charge was read I over to him, and he said, "I plead guilty to attempting to steal the gentle
<lb/>man's. watch, but I did not strike him"—he refused his address.</p>
<hi rend="smallCaps">
<rs id="t18690503-469-verdict-1" type="verdictDescription">
<interp inst="t18690503-469-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18690503-469-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">He also</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>. **
<hi rend="italic">to having been before convicted, on</hi> 15
<hi rend="italic">th</hi> August, 1864,
<hi rend="italic">in the name of John Atkinson.—
<rs id="t18690503-469-punishment-23" type="punishmentDescription">
<interp inst="t18690503-469-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18690503-469-punishment-23" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-469-18690503 t18690503-469-punishment-23"/>Seven Year's Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18690503-470">
<interp inst="t18690503-470" type="uri" value="sessionsPapers/18690503"/>
<interp inst="t18690503-470" type="date" value="18690503"/>
<join result="criminalCharge" id="t18690503-470-charge-1" targOrder="Y" targets="def1-470-18690503 t18690503-470-offence-1 t18690503-470-verdict-1"/>
<persName id="def1-470-18690503" type="defendantName">
<interp inst="def1-470-18690503" type="gender" value="male"/>
<interp inst="def1-470-18690503" type="age" value="24"/>
<interp inst="def1-470-18690503" type="surname" value="O'CONNELL"/>
<interp inst="def1-470-18690503" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN O'CONNELL</hi> (24)</persName>
<rs id="t18690503-470-offence-1" type="offenceDescription">
<interp inst="t18690503-470-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18690503-470-offence-1" type="offenceSubcategory" value="robbery"/>,
<hi rend="smallCaps">
<rs id="t18690503-470-verdict-1" type="verdictDescription">
<interp inst="t18690503-470-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18690503-470-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. to feloniously assaulting
<persName id="t18690503-name-145" type="victimName">
<interp inst="t18690503-name-145" type="gender" value="male"/>
<interp inst="t18690503-name-145" type="surname" value="LUKE"/>
<interp inst="t18690503-name-145" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18690503-470-offence-1 t18690503-name-145"/>John Luke</persName>, with intent to rob him.—</rs>
<hi rend="italic">
<rs id="t18690503-470-punishment-24" type="punishmentDescription">
<interp inst="t18690503-470-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t18690503-470-punishment-24" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-470-18690503 t18690503-470-punishment-24"/>Six Imprisonment.</rs> </hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, May</hi> 6
<hi rend="italic">th</hi>, 1869.
<hi rend="italic">Before Mr. Justice Byles.</hi> </p>
<div1 type="trialAccount" id="t18690503-471">
<interp inst="t18690503-471" type="uri" value="sessionsPapers/18690503"/>
<interp inst="t18690503-471" type="date" value="18690503"/>
<join result="criminalCharge" id="t18690503-471-charge-1" targOrder="Y" targets="def1-471-18690503 t18690503-471-offence-1 t18690503-471-verdict-1"/>
<persName id="def1-471-18690503" type="defendantName">
<interp inst="def1-471-18690503" type="gender" value="male"/>
<interp inst="def1-471-18690503" type="age" value="22"/>
<interp inst="def1-471-18690503" type="surname" value="WHITE"/>
<interp inst="def1-471-18690503" type="given" value="HORACE"/>
<hi rend="largeCaps">HORACE WHITE</hi> (22)</persName>
<rs id="t18690503-471-offence-1" type="offenceDescription">
<interp inst="t18690503-471-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18690503-471-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, Stealing a 5
<hi rend="italic">l</hi>. bank note, of
<persName id="t18690503-name-147" type="victimName">
<interp inst="t18690503-name-147" type="gender" value="male"/>
<interp inst="t18690503-name-147" type="surname" value="MORLEY"/>
<interp inst="t18690503-name-147" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18690503-471-offence-1 t18690503-name-147"/>James Morley</persName> and others, his masters.</rs> </p>
<hi rend="smallCaps">MESSRS. POLAND</hi>. and
<hi rend="smallCaps">STRAIGHT</hi>.
<hi rend="italic">conducted the Proucution; and</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18690503-name-148" type="witnessName">
<interp inst="t18690503-name-148" type="gender" value="male"/>
<interp inst="t18690503-name-148" type="surname" value="ATKINSON"/>
<interp inst="t18690503-name-148" type="given" value="ALFRED"/>ALFRED ATKINSON</persName> </hi>. I am waste book clerk at the London and County Bank, 21, Lombard Street—the prisoner was a walk clerk there—he had to collect money in the day—when notes are paid into the bank, it is my duty I to enter them in the waste-book—I have the waste-book here—on 25th I March I entered the particulars of a Bank of England note, 00892, dated 2nd February, paid in by Mr. Perry—this is my handwriting—I made that entry from the note itself, a little before or after 2 o'clock—I then placed the note, with others, in a tin tray—it would be the prisoner's duty to collect the notes from the tin, and enter them in the bank list register—one other clerk would have access to the tray—when the bank was closed the note was missing.</p>
<hi rend="italic">Cross-examined. Q.</hi> Did you count them or look for them?
<hi rend="italic">A.</hi> No—I am not a cashier, I do not receive at the counter—the notes are put in our boxes—we receive them from there—I am the waste-book clerk—my duty is to superintend that book—the cashier places the notes in a box behind him, and another clerk enters them, and then I enter them in the waste book—the other clerk does not enter the notes, only the amount of the credits, merely the totals, and I enter in the waste-book how the totals are composed—I enter them separately—several notes were paid in at once by Mr. Perry—I enter cheques as well as notes—I then place them in a tin in front of me—I place the notes by themselves, and the cheques by them
<lb/>selves, in different tins—it would be the prisoner's duty to take the notes from there; it was also the duty of another clerk, Mr. George; and to enter them in the bank Let register previous to their being made up into a bank list for the Bank of England—the notes were collected by either of them promiscuously—the numbers and dates are entered in the register—other clerks have access to the tray where the notes are put—it is an open tray, and they are put in loose—all the clerks could get at them, but they have no right to touch them—they would come to the part where they were—the prisoner or Mr. George would have to make them up into the list, and tie them up after they are balanced for the night, in what is called the bank list—a slip goes on the top of the notes, stating how many notes there are in the list—they enter the numbers and dates—the register remains at</p>
<xptr type="pageFacsimile" doc="186905030029"/>
<p>our office—the slip list goes to the Bank of England next morning—the register is a book—the slip does not show the numbers—we keep the numbers in the register, and also in the waste-book—the notes are kept in the safe till the next morning—they ought to be placed in the safe immediately the list is made out, as soon as they are balanced—it was the prisoner's and MrGeorge's duty to balance them up—that was the way the note was found to be missing—they take the totals of all the waste-books, together with the totals of other books, and ascertain whether the totals are right—that is done after 4 o'clock.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-149" type="witnessName">
<interp inst="t18690503-name-149" type="gender" value="male"/>
<interp inst="t18690503-name-149" type="surname" value="GEORGE"/>
<interp inst="t18690503-name-149" type="given" value="PETER JOSEPH"/>PETER JOSEPH GEORGE</persName> </hi>. I am a clerk in the London and County Bank, Lombard Street—it is part of my duty, after the notes have been entered in the waste-book, to take charge of them when they are put in the tray, and to make out a list in the Bank list register—the prisoner shared that duty with me—I was at the bank on the 25th March—about 2 o'clock that day he said, "Shall you want me this afternoon?—I said, "I shall, the notes are rather heavy"—he said, "All right, I shall be back soon"—he went out, at least he left me—I saw him again about 3 o'clock—I said to him, "You have been rather long," looking at the clock—he replied, "Yes, I have, just an hour"—I entered in the bank list register all the notes I took charge of that day from the trays—at the end of the day I went through the list to see whether the notes were all right—I balanced them with our books, and found we were 105
<hi rend="italic">l</hi>. short—it might have been two notes or more—I examined the whole of the waste-books, and tried my balances twice—I could not say whether it was a 5
<hi rend="italic">l</hi>. note, a 50
<hi rend="italic">l</hi>. note, or ✗ several 5
<hi rend="italic">l</hi>. notes—I ascertained, by working up the register, that it was a 5
<hi rend="italic">l</hi>. note—I examined the waste-book—I knew the note, 00892, was missing—I found that out about two or three days afterwards, when I worked up the balances—that is a very long job, it takes us four hours to work up the notes and check them—we send the notes to the bank once a day.</p>
<hi rend="italic">Cross-examined. Q.</hi> Do you send the notes on next morning that have been taken in the day?
<hi rend="italic">A.</hi> Yes—after finding the deficiency of 105
<hi rend="italic">l</hi>., I I still sent on those notes to the Bank of England, with the list I had—in the register the number and date of each note is entered, likewise in the I waste-books, and, consequently, we are enabled to work or check one against the other—the clerks go to their dinner or lunch from about 12 to 3, at various times—there are a great number of clerks—they could not all go together, they go as their duties will allow them—they are allowed to be absent three-quarters of an hour—I can't say whether the prisoner had been to luncheon—he left me with that intention, as I understood, not to go for the day—he would still be required in the bank to assist me—he was only a quarter of an hour beyond his proper time—it was not an unusual time for him to go to his lunch—he assisted me for the remainder of the afternoon in registering the notes.</p>
<hi rend="smallCaps">MR. POLAND</hi>.
<hi rend="italic">Q.</hi> Is this particular 5
<hi rend="italic">l</hi>. note entered in the bank list register?
<hi rend="italic">A.</hi> It is not.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-150" type="witnessName">
<interp inst="t18690503-name-150" type="gender" value="male"/>
<interp inst="t18690503-name-150" type="surname" value="DEANE"/>
<interp inst="t18690503-name-150" type="given" value="WILLIAM SENIOR"/>WILLIAM SENIOR DEANE</persName> </hi>. I am a clerk in the issue department, Bank of England—on 25th March this 5
<hi rend="italic">l</hi>. note was brought to me there to cash over the counter—I know the date by referring to my book, it was some time between 2 and 3.15—I asked the person presenting it what name—this, "George Brad, 25, Philpot Lane," was on the note when it was pre
<lb/>sented—I asked the name, because I thought he had possibly left out the termination, and that it was Bradley, or Bradford, or something of that</p>
<xptr type="pageFacsimile" doc="186905030030"/>
<p>sort—he told me it was George Brad, 25, Philpot Lane—on 31st March I went to the London and County Bank—I was shown into a room there—there might have been ten or twelve, or perhaps fifteen persons in the room—the prisoner was among them—I can't swear positively that he is the person who presented the note; but it is my firm impression he is the man; he very much resembles the man—I can't swear positively, it would be im
<lb/>possible—I said he resembled the man.</p>
<hi rend="italic">Cross-examined. Q.</hi> He resembled him more than any of the other clerks
<hi rend="italic">A.</hi> Yes—I think there were between 400 and 500 people presenting notes that day; it was a very busy day—there were three of us to pay perhaps over 1000 persons—I merely enter the names in a memorandum book, but the notes are taken from me, and entered by an accountant, who takes the numbers and dates; I simply enter the name that is written on the note—the note was brought with the name written upon it—he might have written it there, or before he came.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-151" type="witnessName">
<interp inst="t18690503-name-151" type="gender" value="male"/>
<interp inst="t18690503-name-151" type="surname" value="MCKEWAN"/>
<interp inst="t18690503-name-151" type="given" value="WILLIAM"/>WILLIAM McKEWAN</persName> </hi>. I am general manager of the London and County Bank, at the chief office, Lombard Street—the prisoner was one of the clerks there—on Wednesday morning, 31st March, I called the prisoner into my room—I had this 5
<hi rend="italic">l</hi>. note in my possession—I asked him whether he was aware that a 5
<hi rend="italic">l</hi>. note had been missing—he said he was—I said, "Can you tell me anything about it?—he said, "No"—I said, "You had leave of absence yesterday, at 3 o'clock, to meet a friend who was coming from Dover by train; did you meet your friend 1"—he said, "No"—I said, "Why did you not return to your duty, then?"—he said he did not think he should have anything to do if he returned—I said, "What did you do with yourself?—he said he went home—I said, "Where do you live f"—he said, "Peckham"—I said, "Then you left your friend, did you?" he having mentioned that his friend was a sick volunteer—he said, "No, I came back to meet a train that they told me would be coming in soon after I 5 o'clock, but in the meantime I went down to Woolwich, to see the friend I who had asked me to go and see this other friend"—I then said, "Do you know a person of the name of Brad?"—he said, "No, I don't"—I repeated the question—he said, "No, I don't know the name at all"—I then pro
<lb/>duced the note to him, and said, "Do you know that writing?"—he said, "No, I don't"—I said, "You don't know any person of the name of Brad, living at 25, Philpot Lane?"—he said, "I know a person who lived at, I think, 25, Philpot Lane, but I don't know his name"—I said, "It is rather strange you should know a person living at that place, and not know his name; Mr. Brad knows you"—he said he did not know; he had been once to Philpot Lane, to see a person there who owed him some money for a bet, but he did not know hie name—I said, "I will ask Mr. Brad to come and see you;" and Mr. Brad came later in the day, and the prisoner recognized him—he said, "I know you"—I said, "This is Mr. Brad"—he said, "I never knew your name"—Mr. Brad replied, "Well, that is strange, because I have dined with you"—he said, "I never knew your name; I never heard your name before"—when he said he went to Philpot Lane to see the person, he said he met him coming out of his doorway, otherwise he should not have known for whom to ask—later in the day, Mr. Deane came to the bank—I told the prisoner the purpose for which I should require him to go into another room, that he might be seen—there were some ten or twelve other clerks—Mr. Deane passed through the room—I only know the pri
<lb/>soner's handwriting by comparison—I have not referred to the bank books;</p>
<xptr type="pageFacsimile" doc="186905030031"/>
<p>I referred to letters that I had of his; I referred to his original application—I believe the "Geo. Brad, 25, Philpot Lane," on this note, to be the prisoner's writing.</p>
<hi rend="italic">Cross-examined. Q.</hi> Was there another note lost that day, a 100
<hi rend="italic">l</hi>. note?
<hi rend="italic">A.</hi> Yes—I inquired into the loss of both notes—no one was with me when I called the prisoner into my room—I did not think it advisable—he is 22 years of age—he did not mention the period at which he went to 25, Philpot Lane—I think he said it was for 4
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. owing to him on the Oxford I and Cambridge boat race—he was the only clerk I called in—he knew Mr. Deane was coming to inspect him—I don't know whether the other clerks knew, I merely requested several to come in, I did not tell them why; I I requested Mr. Livermore, the chief clerk, to send a number of clerks in at the particular moment—before the prisoner came into the bank he was in the employment of the Merchants' Banking Company—his character was good—he was with us a little more than three months.</p>
<hi rend="smallCaps">MR. POLAND</hi>.
<hi rend="italic">Q.</hi> Had you seen Mr. Deane before you had this interview with the prisoner?
<hi rend="italic">A.</hi> No; I had seen him outside my room, but had no conversation.</p>
<hi rend="smallCaps">MR. DIANE</hi>. (
<hi rend="italic">re-examined</hi>). It was in a private room at the bank, that I saw the prisoner with some other parties, they all had their hate off—when he came to the bank he had his hat on.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-152" type="witnessName">
<interp inst="t18690503-name-152" type="gender" value="male"/>
<interp inst="t18690503-name-152" type="surname" value="LIVERMORE"/>
<interp inst="t18690503-name-152" type="given" value="EZRA"/>EZRA LIVERMORE</persName> </hi>. I am chief clerk in the London and County Bank—I know the prisoner's handwriting—I believe the name of Brad, 25, Philpot Lane, on this note, to be in his handwriting.</p>
<hi rend="italic">Cross-examined. Q.</hi> Do not the bank clerks write very much alike?
<hi rend="italic">A.</hi> When they write carelessly, they get into a somewhat similar mode of writing sometimes—I do not peak positively to the handwriting, only to the best of my belief; it is not written particularly well, but it tallies very much with the prisoner's handwriting in the several books we have.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> If you had merely seen that handwriting, and heard nothing about the prisoner, J suppose you would not have known it?
<hi rend="italic">A.</hi> I should not immediately have said it was the prisoner's handwriting; I should not have known it.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-153" type="witnessName">
<interp inst="t18690503-name-153" type="gender" value="male"/>
<interp inst="t18690503-name-153" type="surname" value="BRAD"/>
<interp inst="t18690503-name-153" type="given" value="GEORGE"/>GEORGE BRAD</persName> </hi>. I am a merchant and shipping agent, of 25, Philpot Lane, and have been there four years—I have known the prisoner between four and five years, it might be longer—I used to meet him en the cricket-field, and elsewhere—I have dined at his lodging, I think—I knew his name—I knew he was a clerk in the Merchants' Banking Company—I can't say that I knew any of the clerks at the London and County Bank except the prisoner—I had a bet with the prisoner; I think it was 4
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. and it was, I should think three years ago; it was with reference to the Oxford and Cambridge boat race; I can't say whether I had to pay him or he me—I never remember having seen him at my office—I don't think be ever came and saw me coming out of my office.</p>
<hi rend="italic">Cross-examined. Q.</hi> Can you recollect whether he did or not?
<hi rend="italic">A.</hi> No, I cannot recollect—if I lost the money I paid him; whether I lost it or received it I cannot tell, or whether it was paid at the time—I did not go with him to the boat race; it must have been paid subsequent to that—I cannot state whether he ever came to Philpot Lane or not; I do not remember ever having seen him there—I have seen him since—about three weeks prior to the 31st of March I met him in the street, coming towards London Bridge—I stopped, and shook hands with him—that was not the</p>
<xptr type="pageFacsimile" doc="186905030032"/>
<p>only time I saw him during the three years; I have, no doubt, seen him since then, but I cannot remember any occasion except the one three weeks prior to 31st March—he has never been to my house—I can't say that I ever told him my name.</p>
<hi rend="smallCaps">MR. POLAND</hi>.
<hi rend="italic">Q.</hi> When was it you dined with him?
<hi rend="italic">A.</hi> Between three and four years ago—I daresay I stayed the evening with him—I can't say how often I have seen him in the last three years—I may have seen him fifty times, I may have seen him but twice; the chief meeting was on the cricket-field.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-154" type="witnessName">
<interp inst="t18690503-name-154" type="gender" value="male"/>
<interp inst="t18690503-name-154" type="surname" value="GEORGE"/>
<interp inst="t18690503-name-154" type="given" value="PETER JOSEPH"/>PETER JOSEPH GEORGE</persName> </hi>. (
<hi rend="italic">re-examined</hi>). I have here the bank list register, in which the 5
<hi rend="italic">l</hi>. notes are entered on the day in question; the note in question is not amongst them—the entries in this book are in the prisoner's writing and in mine—this book only contains the fives; the other book contains the tens, twenties, and larger sums—James Morley and others are partners in the bank—it was about 6 in the evening when the 105
<hi rend="italic">l</hi>. was found to be short—it was composed of the 5
<hi rend="italic">l</hi>. note and one note for 100
<hi rend="italic">l</hi>.—it was not an unusual occurrence to have a deficiency in making up the accounts at night; it did not occur frequently; a deficiency is soon found out by our system of bookkeeping—a deficiency unaccounted for is not unusual; perhaps I may qualify my answer by saying that perhaps two or three times a year amounts are missing.</p>
<hi rend="italic">The prisoner received an excellent character.</hi> </p>
<hi rend="smallCaps">
<rs id="t18690503-471-verdict-1" type="verdictDescription">
<interp inst="t18690503-471-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18690503-471-verdict-1" type="verdictSubcategory" value="withRecommendation"/>GUILTY</rs> </hi>.
<hi rend="italic">Recommended to mercy by the Jury, on account of hit character.—
<rs id="t18690503-471-punishment-25" type="punishmentDescription">
<interp inst="t18690503-471-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t18690503-471-punishment-25" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-471-18690503 t18690503-471-punishment-25"/>Fifteen Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18690503-472">
<interp inst="t18690503-472" type="uri" value="sessionsPapers/18690503"/>
<interp inst="t18690503-472" type="date" value="18690503"/>
<join result="criminalCharge" id="t18690503-472-charge-1" targOrder="Y" targets="def1-472-18690503 t18690503-472-offence-1 t18690503-472-verdict-1"/>
<persName id="def1-472-18690503" type="defendantName">
<interp inst="def1-472-18690503" type="gender" value="male"/>
<interp inst="def1-472-18690503" type="age" value="27"/>
<interp inst="def1-472-18690503" type="surname" value="RUSSELL"/>
<interp inst="def1-472-18690503" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES RUSSELL</hi> (27)</persName>
<rs id="t18690503-472-offence-1" type="offenceDescription">
<interp inst="t18690503-472-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18690503-472-offence-1" type="offenceSubcategory" value="sodomy"/>, b—st—lty.</rs> </p>
<hi rend="smallCaps">MR. DAVIN</hi>.
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<rs id="t18690503-472-verdict-1" type="verdictDescription">
<interp inst="t18690503-472-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18690503-472-verdict-1" type="verdictSubcategory" value="lesserOffence"/>GUILTY</rs> </hi>.
<hi rend="italic">of the attempt.—
<rs id="t18690503-472-punishment-26" type="punishmentDescription">
<interp inst="t18690503-472-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t18690503-472-punishment-26" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-472-18690503 t18690503-472-punishment-26"/>Three Months' Imprisonment.</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday, May</hi> 5
<hi rend="italic">th</hi>, 1869.</p>
<hi rend="italic">before Mr. Baron Cleasby.</hi> </p>
<div1 type="trialAccount" id="t18690503-473">
<interp inst="t18690503-473" type="uri" value="sessionsPapers/18690503"/>
<interp inst="t18690503-473" type="date" value="18690503"/>
<join result="criminalCharge" id="t18690503-473-charge-1" targOrder="Y" targets="def1-473-18690503 t18690503-473-offence-1 t18690503-473-verdict-1"/>
<persName id="def1-473-18690503" type="defendantName">
<interp inst="def1-473-18690503" type="gender" value="male"/>
<interp inst="def1-473-18690503" type="age" value="18"/>
<interp inst="def1-473-18690503" type="surname" value="ROLAND"/>
<interp inst="def1-473-18690503" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK ROLAND</hi> (18)</persName>, was indicted
<rs id="t18690503-473-offence-1" type="offenceDescription">
<interp inst="t18690503-473-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18690503-473-offence-1" type="offenceSubcategory" value="rape"/> for carnally knowing and abusing
<persName id="t18690503-name-157" type="victimName">
<interp inst="t18690503-name-157" type="gender" value="male"/>
<interp inst="t18690503-name-157" type="surname" value="APSALL"/>
<interp inst="t18690503-name-157" type="given" value="CAROLINE LOUISA"/>
<join result="offenceVictim" targOrder="Y" targets="t18690503-473-offence-1 t18690503-name-157"/>Caroline Louisa Apsall</persName>, a child under the age of ten years.</rs> </p>
<hi rend="smallCaps">MR. BESLEY</hi>.
<hi rend="italic">conducted the Prosecution.</hi> </p>
<rs id="t18690503-473-verdict-1" type="verdictDescription">
<interp inst="t18690503-473-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18690503-473-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>. of an attempt</rs>
<hi rend="italic">
<rs id="t18690503-473-punishment-27" type="punishmentDescription">
<interp inst="t18690503-473-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t18690503-473-punishment-27" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-473-18690503 t18690503-473-punishment-27"/>Eighteen Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18690503-474">
<interp inst="t18690503-474" type="uri" value="sessionsPapers/18690503"/>
<interp inst="t18690503-474" type="date" value="18690503"/>
<join result="criminalCharge" id="t18690503-474-charge-1" targOrder="Y" targets="def1-474-18690503 t18690503-474-offence-1 t18690503-474-verdict-1"/>
<join result="criminalCharge" id="t18690503-474-charge-2" targOrder="Y" targets="def2-474-18690503 t18690503-474-offence-1 t18690503-474-verdict-2"/>
<persName id="def1-474-18690503" type="defendantName">
<interp inst="def1-474-18690503" type="gender" value="female"/>
<interp inst="def1-474-18690503" type="age" value="17"/>
<interp inst="def1-474-18690503" type="surname" value="TOOHEY"/>
<interp inst="def1-474-18690503" type="given" value="ELLEN HANNAH"/>
<hi rend="largeCaps">ELLEN HANNAH TOOHEY</hi> (17)</persName>, and
<persName id="def2-474-18690503" type="defendantName">
<interp inst="def2-474-18690503" type="gender" value="female"/>
<interp inst="def2-474-18690503" type="age" value="20"/>
<interp inst="def2-474-18690503" type="surname" value="WHIMPER"/>
<interp inst="def2-474-18690503" type="given" value="FRANCIS ALICE"/>
<hi rend="largeCaps">FRANCIS ALICE WHIMPER</hi> (20)</persName>
<rs id="t18690503-474-offence-1" type="offenceDescription">
<interp inst="t18690503-474-offence-1" type="offenceCategory" value="damage"/>
<interp inst="t18690503-474-offence-1" type="offenceSubcategory" value="arson"/>, Feloniously setting fire to the dwelling-house of
<persName id="t18690503-name-160" type="victimName">
<interp inst="t18690503-name-160" type="gender" value="male"/>
<interp inst="t18690503-name-160" type="surname" value="BARHAM"/>
<interp inst="t18690503-name-160" type="given" value="CORNELIUS"/>
<join result="offenceVictim" targOrder="Y" targets="t18690503-474-offence-1 t18690503-name-160"/>Cornelius Barham</persName>, Percy Borham and others being therein.</rs> </p>
<hi rend="smallCaps">MESSRS. METCALFE</hi>.
<hi rend="italic">and</hi>
<hi rend="smallCaps">TATLOR</hi>.
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. RIBTON</hi>.</p>
<hi rend="italic">defended Toohey.</hi> </p>
<hi rend="smallCaps">
<persName id="t18690503-name-161" type="witnessName">
<interp inst="t18690503-name-161" type="gender" value="male"/>
<interp inst="t18690503-name-161" type="surname" value="BARIUM"/>
<interp inst="t18690503-name-161" type="given" value="CORNELIUS"/>CORNELIUS BARIUM</persName> </hi>. I live at 3, Raven's Row, Spitalfields, where I carry on the business of a grocer—the prisoners were my servants, Whimper as nurse and Toohey as her assistant—there was another servant, named Martha Bradley, who was my cook—on the afternoon of Sunday, 11th April, I and my wife went from home, and we did not return till about 11.30 at night—when we left, Toohey was gone to a Sunday school, and Bradley was to leave about 6 o'clock—everything was perfectly safe up to 3.45—on my return I found the police and firemen in charge of my house—ray bedroom on the second floor had been very extensively burnt—a chest of drawers</p>
<xptr type="pageFacsimile" doc="186905030033"/>
<p>were nearly consumed—the partition between the room and the adjoining one was burnt through—the part destroyed was not near the drawers, but in another part of the room—the paint on the wall was blistered—the bed-room on the third floor, which was occupied by the assistants, had been in flames all round—the mattress of the bed had been out open, and the straw pulled out on both sides, and it had been burnt, as also the bed-clothes, though they were not entirely destroyed—in this room the fire had not extended to the walls—in the room adjoining, the servant's room, the bed had been fired—the mattress on one side had been cut open, and the straw pulled out, and part of it had been consumed—the bed-clothes were also burnt—the walk were not injured—in the dressing-room adjoining my own room on the second floor, was a chest of drawers—a fireman opened one of the drawers, and called my attention to the burnt condition of some of my shirts there—on the Sunday night we questioned each of the servants as to how the fire had happened—Toohey made a statement to me and the inspector of the Fire Brigade—she said that at 10.30 she went up stairs with the candles and slop pail, to prepare her mistress's room for the night; that when she went to her mistress's bed-room door, a cloud of smoke came from the top of the house; that she placed the candlestick on the drawers and called loudly for help, and the other servant came up—I questioned Whimper the same night, and she told me she could give no information as to how the fire bad originated.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-162" type="witnessName">
<interp inst="t18690503-name-162" type="gender" value="female"/>
<interp inst="t18690503-name-162" type="surname" value="BARHAM"/>
<interp inst="t18690503-name-162" type="given" value="ELIZABETH"/>ELIZABETH BARHAM</persName> </hi>. I am the wife of the last witness—Whimper had been in my service three, and Toohey two months—I corroborate my husband as to the state of the premises when we returned home—about a fortnight before the fire I lost a bunch of keys—in the drawer above the one in which the shirts were placed, I placed, after I lost the keys, a small cash-box, con
<lb/>taining two sovereigns and two half-sovereigns—after the fire the money was missing—I have since recovered the keys—I was present when the prisoners were given into custody on the Friday after the fire—Toohey said that she had not fired the house herself, but that Whimper had done it—she was with her when she opened the drawer, and that she, Whimper, took the money and placed it in her bosom—she said they had broken open the box in the young men's room; that they tried to break it open at the back by forcing open the hinges, but that they broke the back as well, and that Whimper said it was a judgment on them for doing wrong; that she should get up and murder Mr. Airton, one of the assistants, in the night; that she, Toohey, said, "Do not do that;" upon which Whimper remarked, "Then I will set the house on fire"—this conversation took place in the morning.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> When was the box opened?
<hi rend="italic">A.</hi> Before the house was burnt—between 6 o'clock and 8.20.</p>
<hi rend="smallCaps">MR. TAYLOR</hi>.
<hi rend="italic">Q.</hi> Did you have more than one conversation with Toohey about this?
<hi rend="italic">A.</hi> Only one—it related to different periods—she said they came down into the nursery to put the baby to bed; that while they were so engaged the cook came home, and that she, Toohey, knew nothing more as to what occurred up stairs after that—she said she was not present with Whimper when she set fire to the house—she said that she went up stairs after the cook came home, that then she saw the smoke, and gave the alarm of fire—Toohey said she was with Whimper when she opened the drawers and took away the money, and that it was between 10 o'clock and 10.30—they were up stairs twice that evening previous to the fire—she said that about 10.20 she went up into the nursery, Whimper having gone up pre
<xptr type="pageFacsimile" doc="186905030034"/>
<p>that Whimper then said, "How the fire smells, Mary, the cook," (Bradley) "will smell it presently"—Toohey then said, "I shall call Mary to come and save the children;" upon which Whimper observed, "Don't do that, wait until I save my things"—Toohey asked, "What things?" and Whimper said her earrings, a ring, and several little trinkets, and that if Toohey would go with her she would show her where they were—this statement was made to me on the Friday—I was leaving the kitchen with Toohey, to go with her to find the purse containing the money, when Whimper said, "You will not find the purse, it is gone"—this statement was made in the presence of Whimper.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">Q.</hi> You went, and found that the purse and earrings were gone?
<hi rend="italic">A.</hi> Yes—Toohey assisted in the nursery and in the house—I found when I got home on the Sunday night that the things in my dressing-room were all set right for the night—Toohey admitted being present when the box was unlocked, but she denied all knowledge of the fire.</p>
<hi rend="italic">Whimper.</hi> I have to say that my age is not 20, it is only 18.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-163" type="witnessName">
<interp inst="t18690503-name-163" type="gender" value="female"/>
<interp inst="t18690503-name-163" type="surname" value="BRADLEY"/>
<interp inst="t18690503-name-163" type="given" value="MARTHA"/>MARTHA BRADLEY</persName> </hi>. I am a cook in the service of Mr. Barham—they call me Mary—on Sunday, April 11th, I went out about 6 o'clock in the evening, and returned about 8.20—Toohey and Whimper were in the house then, and master's three young children, Percy, Louisa, and Cor
<lb/>nelius—I went into the kitchen and lit the gas, and then I accompanied Toohey to the nursery—Whimper was in the night nursery, getting the baby to bed—we had our supper in the nursery, and after that I went up stain with Toohey, for the purpose of taking my clothes into my own bed-room, at the top of the house—this was about 9 o'clock—she lit the candle on the landing, and then set it down on the table in my bed-room, and left—there was nothing the matter with my bed at that time—after I had put my things away, I came down into my mistress's bed-room, and all appeared to be right there—then I went into the right nursery, and next into the kitchen, and there I saw Whimper and Toohey—it was now about 9.20—we then went into the dining-room and played the piano, and there we remained about a quarter of an hour—Whimper then went up stairs, and Toohey remained with me in the dining-room—whilst Whimper was up stairs we heard a noise at the door, and I and Toohey went to see what it was—we found that some boys were at play; we ordered them away, and remained at the door for about five or ten minutes—then we returned to the dining-room, and it was about 9.55 then—Whimper had come down stairs again, I then went into the night nursery, looked at the baby, and returned to the dining room, where I had left Whimper and Toohey—in a short time Whimper asked Toohey to go up stairs, as she thought she heard the baby cry—Toohey was away about five or ten minutes, and when she came down she said the reason she had been so long was that the baby was awake, and that she had been lying down because she had a very bad headache—we remained in the dining-room for a short time longer, when Toohey asked Whimper to fetch down a piece of music which Whimper possessed, and she replied she did not know where it was—Toohey said it was the third piece from the bottom, in the night nursery, and she would go herself—I said that master and mistress would soon be at home, and that we had better go to our right places—this was about 10.20—Whimper then took the music, and went up stairs, and was followed by Toohey; but Toohey came down again, and fetched the</p>
<xptr type="pageFacsimile" doc="186905030035"/>
<p>slop-pail, and said she was going into her mistress's bed-room, to make it right for the night—as she was going up stain she called out to me that smoke was coming down, and that the house was on fire—I ran at once to my mistress's bed-room, and then to the top of the home—I saw that the bed in the young men's room was all in flames—I and Toohey then made our way to the nursery, and took the children down stain, and then into a neighbour's—Toohey called "Fire!" and the firemen were fetched—I remember my mistress losing a bunch of keys, about a fortnight before the fire, and on the Friday after I heard Toohey say that she took them out of her mistress's drawer, and gave them to Whimper—Toohey brought the keys on Friday, and a small bag, with some money in it, and threw them on the kitchen table, saying to Whimper, "Don't you know who they belong to and where they were?" and Whimper said, "No, I do not, I don't know anything about them"—they were taken possession of by one of the salvage men—the next day I found a purse in a small room adjoining the day nursery, in a hole at the bottom of the skirting-board, with a piece of slate placed in front of it—it is Whimper's purse, and it contains earrings and a ring—Toohey said to mistress that Whimper was trying to save some of her things before they called me.</p>
<hi rend="italic">Cross-examined. Q.</hi> Toohey told her mistress that Whimper had said, "Let me save some of my things before you call Mary?"
<hi rend="italic">A.</hi> Yes—Toohey had said that she knew where Whimper had put her purse, and Whimper said she would not find it there—Whimper was up stain about ten minutes—Toohey had just gone up, and was standing on the landing, when she shouted out, "Oh! Mary, look at the smoke; the house is on fire."</p>
<hi rend="smallCaps">
<persName id="t18690503-name-164" type="witnessName">
<interp inst="t18690503-name-164" type="gender" value="male"/>
<interp inst="t18690503-name-164" type="surname" value="KNIGHT"/>
<interp inst="t18690503-name-164" type="given" value="HENRY"/>HENRY KNIGHT</persName> </hi>. I am one of the Fire Brigade men—about 10.30 o'clock on the night of Sunday, the 11th April, I received information that Mr. Barham's house was on fire in Raven Row—some of the firemen got there in about five minutes afterwards, and I followed them—I found the fire was in the front bed room, on the second floor—the petition was burnt through—there were drawers in both the bed and dressing room adjoining—those in the front room were burnt—the dressing room drawers contained some burnt clothes—I could not get on the third floor, the smoke being then so dense—a bed had been burnt there.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-165" type="witnessName">
<interp inst="t18690503-name-165" type="gender" value="male"/>
<interp inst="t18690503-name-165" type="surname" value="GATEHOUSE"/>
<interp inst="t18690503-name-165" type="given" value="RICHARD"/>RICHARD GATEHOUSE</persName> </hi>. I belong to the C division of the Fire Brigade—I reached Mr. Barham's about 10.50 on the Sunday night, and found several firemen there—I searched the premises very carefully after the fire—I find that the mattress of the bed in the young men's room, on the third floor, had been cut open on both sides, and underneath, and set fire to—the bed clothes in the servant's bed-room were burnt—there was a box in the young men's room to which I directed my attention—there was a shirt and a collar and a pair of trowsers, slightly burnt—the lid was down, and the inside was just slightly blackened, not charred—it had been set fire to separately—it was away from the bed altogether, and under the window—the lid must have been opened, and then the things were set on fire—the hasps had been drawn out.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-166" type="witnessName">
<interp inst="t18690503-name-166" type="gender" value="male"/>
<interp inst="t18690503-name-166" type="surname" value="BOURNE"/>
<interp inst="t18690503-name-166" type="given" value="JOHN"/>JOHN BOURNE</persName> </hi>. I belong to the Salvage Corps, and had charge of the premises after the fire—on the Friday after, I was in the bed-room on the second floor, when the cook, Bradley, told me I was wanted down stain, as there was a little altercation between the prisoners—I heard Toohey accuse the other of setting the house on fire—Whimper made no answer—Toohey</p>
<xptr type="pageFacsimile" doc="186905030036"/>
<p>then went away and returned with the purse and keys, which she threw on the table, saying she had got them out of the coal cellar.</p>
<hi rend="italic">Cross-examined. Q.</hi> Did not Toohey say, "You persuaded me to go and do the robbery?"
<hi rend="italic">A.</hi> She did not say anything about persuasion—she said, "You told me to go"—Toohey said that she knew nothing about the fire after taking the money from the drawers.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-167" type="witnessName">
<interp inst="t18690503-name-167" type="gender" value="male"/>
<interp inst="t18690503-name-167" type="surname" value="OSBORNE"/>
<interp inst="t18690503-name-167" type="given" value="JAMES"/>JAMES OSBORNE</persName> </hi>. (
<hi rend="italic">Police Inspector</hi> H.) I went to Mr. Barbam's about 11 o'clock on the Sunday night—I saw the prisoners in the drawing-room afterwards, and spoke to them—Toohey said, that at 10.30 she took a slop
<lb/>pail and a candle to go and empty the slops in her mistress's bed-room, and that when she got on the landing on the second floor she saw smoke descend
<lb/>ing, and gave the alarm; everything appeared to be safe in her mistress's bed-room at the time she went in; they rescued the children, the firemen were fetched, and soon the fire was extinguished—I took down a statement in writing, on the day they were taken into custody—I charged Toohey, first with stealing the money from the drawer, and then with wilfully setting fire to the house—this is the statement—Toohey said, "After Mary went out at 6 o'clock, we sat down against the window in the kitchen till 10.30, and then we put Percy to bed We then went into master's bed-room; Whimper had the keys, and looked into the dressing-room drawers; she opened a little box, which was inside, and locked it again. We then went up stairs to Mr. Airton's bed-room, and she undid the box—the lock broke whilst she was undoing the back screws with a small hammer. I said, 'That is a judgment on us;' she said, 'I don't know what to do, I shall murder Mr. Airton in the middle of the night;' I said, 'Don't do that.' We then came down stairs, and she said, 'I will set the house on fire;' then we put the baby to bed and Mary came in; we all three then had our supper in the nursery. Mary and I then went up stairs to our bed-room to take her things off. I came down first and she followed, and then we went into the kitchen and washed up the tea-things. We all three then proceeded to the dining-room and played the piano. This was about 9.30. Whimper sat in the arm chair a little while, and then went up stairs for about five minutes, then came down and played the piano for about ten minutes; she next went up stairs to fetch her music. When she came back she said, 'I can't find the keys of mistress's drawers; you go.' I said, 'I shall not.' She said, again, 'Go, your life depends on it.' Mary was present when this was said, but did not hear it. I refused to go; she then gave me the keys, and told me to go up stairs to mistress's drawers. Whimper went with me. I unlocked the dressing-room, and Whimper took the money out of the drawer, and put it into her bosom; she then said, whilst on the stairs, 'Don't it smell; Mary will smell it in a minute.' I then came down, and Whimper stayed up stairs. I washed my hands, and in five or ten minutes I went up stairs again with the slop pail and candle. I said, 'Look at the smoke, nurse; I shall call Mary.' She said, 'No,' but I did call her, and we all three took the children out of bed and saved them. Whimper has told me that she put lucifers into her mistress's drawers. This was said while she and I were making the young mens' bed that same night, after the fire was extinguished; she also told me she put the money and purse into the coal-cellar, and the keys under the sofa in the dining-room."—I saw both keys and money put into the coal-cellar by the nurse, the money about 10 o'clock in the morning, and the keys on Tuesday—I had seen Whimper a short time previous to this take the keys from a crevice in the night
<xptr type="pageFacsimile" doc="186905030037"/>
<p>Tuesday Whimper said to Mary, "I will take poison rather than go to prison"—I fetched the money from the coal-cellar, and gave it to Mr. Bourne, of the Salvage Corps.</p>
<hi rend="italic">Whimper's Defence.</hi> I deny all that has been said. I am innocent of it. I don't know anything about it.</p>
<hi rend="largeCaps">TOOHEY</hi>
<hi rend="smallCaps">
<rs id="t18690503-474-verdict-1" type="verdictDescription">
<interp inst="t18690503-474-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18690503-474-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<hi rend="largeCaps">WHIMPER</hi>
<hi rend="smallCaps">
<rs id="t18690503-474-verdict-2" type="verdictDescription">
<interp inst="t18690503-474-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18690503-474-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18690503-474-punishment-28" type="punishmentDescription">
<interp inst="t18690503-474-punishment-28" type="punishmentCategory" value="imprison"/>
<interp inst="t18690503-474-punishment-28" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-474-18690503 t18690503-474-punishment-28"/>Ten Years' Penal Servitude.</rs> </hi> </p> </div1>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Wednesday, May</hi> 5
<hi rend="italic">th, and Thursday, May</hi> 6
<hi rend="italic">th</hi>, 1869.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18690503-475">
<interp inst="t18690503-475" type="uri" value="sessionsPapers/18690503"/>
<interp inst="t18690503-475" type="date" value="18690503"/>
<join result="criminalCharge" id="t18690503-475-charge-1" targOrder="Y" targets="def1-475-18690503 t18690503-475-offence-1 t18690503-475-verdict-1"/>
<persName id="def1-475-18690503" type="defendantName">
<interp inst="def1-475-18690503" type="gender" value="male"/>
<interp inst="def1-475-18690503" type="surname" value="TESTER"/>
<interp inst="def1-475-18690503" type="given" value="MALCOLM"/>
<hi rend="largeCaps">MALCOLM TESTER</hi> </persName> was
<hi rend="italic">again</hi> indicted
<rs id="t18690503-475-offence-1" type="offenceDescription">
<interp inst="t18690503-475-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18690503-475-offence-1" type="offenceSubcategory" value="stealingFromMaster"/> for stealing the sums of 40
<hi rend="italic">l</hi>. 0
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>., 62
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>., and 47
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>., of
<persName id="t18690503-name-169" type="victimName">
<interp inst="t18690503-name-169" type="gender" value="male"/>
<interp inst="t18690503-name-169" type="surname" value="HIGGINS"/>
<interp inst="t18690503-name-169" type="given" value="RICHARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18690503-475-offence-1 t18690503-name-169"/>Richard Higgins</persName> and others, his masters.</rs> </p>
<hi rend="smallCaps">MR. HUDDLESTON</hi>, Q. C.,
<hi rend="italic">with</hi>
<hi rend="smallCaps">MESSRS. POLAND, SLEIGH</hi>,
<hi rend="italic">and</hi>
<hi rend="smallCaps">STRAIGHT</hi>,</p>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. F. H. LEWIS</hi>.
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18690503-name-170" type="witnessName">
<interp inst="t18690503-name-170" type="gender" value="male"/>
<interp inst="t18690503-name-170" type="surname" value="PEARCH"/>
<interp inst="t18690503-name-170" type="given" value="GEORGE"/>GEORGE PEARCH</persName> </hi>. I am a draper, of Bristol, and was a customer of Higgins, Eagle & Co.—I produce a bill for 40
<hi rend="italic">l</hi>. 0
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>., drawn on me by them, and dated February 2nd—I accepted it—it was due on 10th May, 1867—it was not met on 10th May, and on the 11th I advised my bankers to pay it through Lubbock & Co.; and I am debited with it on the 11th in my bank-book.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-171" type="witnessName">
<interp inst="t18690503-name-171" type="gender" value="male"/>
<interp inst="t18690503-name-171" type="surname" value="COOPER"/>
<interp inst="t18690503-name-171" type="given" value="WILLIAM"/>WILLIAM COOPER</persName> </hi>. I am a clerk to Robarts, Lubbock & Co., of Lombard Street—on 13th May, 1867, I paid this bill for 40
<hi rend="italic">l</hi>. 0
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>. over the counter—I gave two 20
<hi rend="italic">l</hi>. notes, Nos. 36050 and 61668, both dated 21st March, 1867; and 11
<hi rend="italic">d</hi>.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-172" type="witnessName">
<interp inst="t18690503-name-172" type="gender" value="male"/>
<interp inst="t18690503-name-172" type="surname" value="SMITH"/>
<interp inst="t18690503-name-172" type="given" value="PHILIP EDWARD"/>PHILIP EDWARD SMITH</persName> </hi>. I am a clerk to the prosecutors—this "Re
<lb/>ceived, P. Smith," on the back of this bill for 40
<hi rend="italic">l</hi>. 0
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>., is my writing—I received that amount from Robarts & Co., and handed it to the prisoner in the ordinary course.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-173" type="witnessName">
<interp inst="t18690503-name-173" type="gender" value="male"/>
<interp inst="t18690503-name-173" type="surname" value="EDWARDS"/>
<interp inst="t18690503-name-173" type="given" value="EDWARD"/>EDWARD EDWARDS</persName> </hi>.
<hi rend="italic">This witness's evidence in the former case</hi> (See p. 16)
<hi rend="italic">was read over to him by</hi>
<hi rend="smallCaps">THE COURT</hi>,
<hi rend="italic">to which he assented, and added</hi>: The prisoner's entry, charging himself with this 40
<hi rend="italic">l</hi>. 0
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>., ought to appear on 13th May, the date it was received—there is no such entry in the cash-book—having charged himself in the cash-book with the acceptance, and discharged himself by the cheque of the firm, there is a marginal note, "838," opposite the discharge—that would indicate that that item was carried to the debit of the customer in the ledger, charging the customer's account with the dishonoured acceptance—the marginal reference is to the cheque of the firm—that would indicate that the item was carried to its proper place in the ledger—that is a false entry—I have referred, and there is no such entry at folio 838—no cheque was drawn for the dishonoured acceptance of Pearce; it was charged to us—it is ledger folio 838—no cheque was drawn, it was paid into the bank—he would have credit, because it diminished his cash balance with the bank; and to show that it is carried to its proper place, he makes a marginal note, referring to the folio of the ledger or cash-book, not to the number of a note or cheque; it would have nothing to do with that.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. LEWIS</hi>.
<hi rend="italic">Q.</hi> I presume you had advances upon your wages?
<hi rend="italic">A.</hi> Yes—I believe the prisoner was entitled to advances—I applied what I received in advance, to my own private purposes, although they were notes from the cash-box.</p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> What is the amount of your petty cash a year?
<hi rend="italic">A.</hi> About 500
<hi rend="italic">l</hi>.—none of these accounts would be on the debit side of the petty cash book.</p>
<xptr type="pageFacsimile" doc="186905030038"/>
<hi rend="smallCaps">
<persName id="t18690503-name-174" type="witnessName">
<interp inst="t18690503-name-174" type="gender" value="female"/>
<interp inst="t18690503-name-174" type="surname" value="BARROW"/>
<interp inst="t18690503-name-174" type="given" value="HARRIETT"/>HARRIETT BARROW</persName> </hi>. I live at Preston Road, Hastings, and am a milliner—on 1st March 1867, I accepted a draft of Higgles, Eagle & Co., for 62
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>., payable at the warehouse—it would become due on 4th June—I paid 62
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>., on 3rd June, to the prosecutors' account, at the Hastings branch of the London and County Bank—I communicated with the prosecutors, and afterwards received this acceptance.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-175" type="witnessName">
<interp inst="t18690503-name-175" type="gender" value="male"/>
<interp inst="t18690503-name-175" type="surname" value="ATTWOOD"/>
<interp inst="t18690503-name-175" type="given" value="CHARLES"/>CHARLES ATTWOOD</persName> </hi>. I am a clerk at the head office of the London and County Bank—on 3rd June I received this cheque (
<hi rend="italic">produced</hi>) for 62
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>.—it was paid through the clearing house on the 4th—it would come up from the Hastings branch, which would provide the cheque, the actual piece of paper.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-176" type="witnessName">
<interp inst="t18690503-name-176" type="gender" value="male"/>
<interp inst="t18690503-name-176" type="surname" value="EDWARDS"/>
<interp inst="t18690503-name-176" type="given" value="EDWARD"/>EDWARD EDWARDS</persName> </hi>. (
<hi rend="italic">re-examined</hi>). This is the prisoner's signature to this cheque, in the course of his duty—I do not know who drew it—it is nowhere charged by him to himself in the book, nor is the money—here is a marginal folio, on the credit side of the cash book—as this acceptance is payable at the prosecutors' warehouse, a cheque would be drawn to take it up—an entry would be made by the prisoner, discharging himself of that amount to his credit—the marginal folio is 823, that indicates that it has been charged to Miss Barrow's account in the ledger, but it does not appear there in her account—her account is balanced by the acceptance.</p>
<hi rend="italic">Cross-examined. Q.</hi> To what do you find the margin refers?
<hi rend="italic">A.</hi> June 4th, to the amount of the check which was drawn—823 is the credit folio of Miss Barrow's account—he might know, by heart, a great many of the folio references.</p>
<hi rend="smallCaps">MR. HUDDLESTON</hi>.
<hi rend="italic">Q.</hi> When originally the acceptance was given, would there be an entry of the prisoner's, charging himself with it?
<hi rend="italic">A.</hi> Yes—and when the cheque was given to take it up, an entry, discharging himself—when he received the cash, he ought to have charged himself with it, but he has not done so—there ought to be an entry charging Miss Barrow, but there is nothing of the kind.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-177" type="witnessName">
<interp inst="t18690503-name-177" type="gender" value="male"/>
<interp inst="t18690503-name-177" type="surname" value="BROMHALL"/>
<interp inst="t18690503-name-177" type="given" value="BENJAMIN"/>BENJAMIN BROMHALL</persName> </hi>. I am a dresser, of Westbourne Grove, Bayswater—on 6th June, 1867, the prosecutors discounted this bill of mine for 47
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>.—it is drawn by me on Henrietta Whitton, and accepted by her—I discounted it with the prosecutors, and received on 6th June, the cheque (
<hi rend="italic">produced</hi>) for the amount, less discount, 46
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-178" type="witnessName">
<interp inst="t18690503-name-178" type="gender" value="female"/>
<interp inst="t18690503-name-178" type="surname" value="WHITTON"/>
<interp inst="t18690503-name-178" type="given" value="HENRIETTA"/>HENRIETTA WHITTON</persName> </hi>. I live at 21, Dunstan Square—this is my accept
<lb/>ance—I paid it when it came to maturity.</p>
<hi rend="smallCaps">E. EDWARDS</hi>. (
<hi rend="italic">re-examined</hi>). This being a case where the firm discounted Whitton's acceptance on Mr. Bromhall, the prisoner would discharge himself of that sum by a cheque—I find an entry of a cheque to his credit—he ought to have charged himself with the acceptance, but has not done so any
<lb/>where—opposite the entry of the cheque is "Fo 241;"That means that at page 241, of the cash-book, the acceptance will be found entered; I have re
<lb/>ferred to page 241, and he does not charge himself with the acceptance—that acceptance was paid in with others, and carried to his credit, with the amount at the bank; so that he has credit for the amount with the bank, and does not charge himself with it with the firm.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-179" type="witnessName">
<interp inst="t18690503-name-179" type="gender" value="male"/>
<interp inst="t18690503-name-179" type="surname" value="ARTER"/>
<interp inst="t18690503-name-179" type="given" value="ALBERT"/>ALBERT ARTER</persName> </hi>. I am a clerk to Higgins, Eagle & Hutchinson—on 3rd January, 1867, I received three 5
<hi rend="italic">l</hi>. notes, from Mr. Glossock, in payment of an account—I do not remember it, but I wrote on the face of the notes, the customer's name—on the same day, I received a 5
<hi rend="italic">l</hi>. note from Mrs. Jane</p>
<xptr type="pageFacsimile" doc="186905030039"/>
<p>Winch, and wrote her name on it—I gave the amounts to Mr. Tester, and he initialed them in my book—on 5th June I received two 5
<hi rend="italic">l</hi>. notes from Mr. Orton, entered them in my rough cash-book, and handed them to the prisoner, who initialed them—these are the notes (
<hi rend="italic">produced</hi>) with the names of Glossock, Winch, and Orton, on them.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-180" type="witnessName">
<interp inst="t18690503-name-180" type="gender" value="male"/>
<interp inst="t18690503-name-180" type="surname" value="HACKMAN"/>
<interp inst="t18690503-name-180" type="given" value="WILLIAM GEORGE"/>WILLIAM GEORGE HACKMAN</persName> </hi>. I am a clerk in the Bank of England, and have my books here—on 6th June, 1867, I changed ten 5
<hi rend="italic">l</hi>. notes for a 50
<hi rend="italic">l</hi>. note—these (
<hi rend="italic">produced</hi>) are six out of the ten, and this is the 50
<hi rend="italic">l</hi>. note (
<hi rend="italic">This was endorsed</hi> "M. Tester 5—6—67.)</p>
<hi rend="smallCaps">
<persName id="t18690503-name-181" type="witnessName">
<interp inst="t18690503-name-181" type="gender" value="male"/>
<interp inst="t18690503-name-181" type="surname" value="BENNETT"/>
<interp inst="t18690503-name-181" type="given" value="GILES"/>GILES BENNETT</persName> </hi>. I am a builder, of Vauxhall Bridge Road—I received this 50
<hi rend="italic">l</hi>. note from the prisoner on 6th June, 1867, in part payment for some work I had done for him—I put my name on it, and paid it into the London and County Bank, to my account—I do not remember asking him to put his name on it.</p>
<hi rend="italic">Cross-examined. Q.</hi> How do you know that this "M. Tester" was not on it when he gave it to you?
<hi rend="italic">A.</hi> It may have been.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-182" type="witnessName">
<interp inst="t18690503-name-182" type="gender" value="male"/>
<interp inst="t18690503-name-182" type="surname" value="BIGGINS"/>
<interp inst="t18690503-name-182" type="given" value="RICHARD"/>RICHARD BIGGINS</persName> </hi>. I am a partner in the firm of Higgins, Eagle, & Co.—a suggestion was made at the end of 1867, that Mr. Hutchinson should go through the accounts, and the prisoner said that it would be showing a want of confidence in him—the prisoner left the firm in March, 1868, and after he left these entries were pointed out to me, and I examined each separately—we afterwards saw Tester, told him what we had found out, and asked him if be would give any explanation of a particular entry omitted—I think it was the one referring to Mrs. Barrow—I asked him if he could give any explanation of it—he said he could not, but it was an error which he could not account for—one or two of these items were pointed out to him, and he gave the same reply to each—this was before we took any criminal steps against him—about a month afterwards we directed that he should be given in custody, and during the whole of that time no explanation was afforded to us—he was taken before Sir Benjamin Phillips, these charges were made against him on several remands, and he was committed for trial—we were prepared with all our witnesses to go into the case at the last Sessions—I was present when Serjeant Parry applied for the case to stand over to these Sessions, that the prisoner might have an opportunity of inquiring into the charges which had been before the Magistrate—that adjournment was granted, and I gave directions that the prisoner should be furnished with any of the books of the firm which he might require, and they were sent to him—the cash-book of 1866 is missing, and the payment books into the bank—the prisoner had the custody of them—it was his duty to give them up to me when he went away, but he did not do so, to my knowledge.</p>
<hi rend="italic">Cross-examined. Q.</hi> Had he any opportunity of examining the books until after he was taken in custody: they were in the bands of an accountant, were they not?
<hi rend="italic">A.</hi> Some of them were—I don't know that the prisoner examined them before he was committed for trial; but he had the oppor
<lb/>tunity before he was given in custody—I don't know whether he has had twelve hours given him to examine the books of twelve years—the books were taken from the warehouse and brought to this building two or three times, books extending over nearly three years—he and I were formerly in the service of Fisher & Robinson—Mr. Eagle and I were travellers there—one of the reasons that we seceded was that a clerk, who had been a long while in the establishment, had been badly treated, Mr. Bate—I had been in their service with the prisoner ten or twelve years before the prisoner</p>
<xptr type="pageFacsimile" doc="186905030040"/>
<p>entered our service—he has been twelve years in our service, so that I have known him twenty-four years—when he was taken in custody, he was carrying on business as a bill-broker in Cheapside, and also when we communicated with him—he continued there; we knew where to find him—when we showed him these items, I don't know whether he offered to make good any deficiencies occasioned by reason of his errors; but my impression is that he did.</p>
<hi rend="smallCaps">MR. HUDDLESTON</hi>.
<hi rend="italic">Q.</hi> You say he was allowed from the last Session to the present for an investigation?
<hi rend="italic">A.</hi> Yes—the charges had then, I believe, been investigated before the Magistrate—I gave directions after that that every facility should be given him in reference to the books.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-183" type="witnessName">
<interp inst="t18690503-name-183" type="gender" value="male"/>
<interp inst="t18690503-name-183" type="surname" value="WEBB"/>
<interp inst="t18690503-name-183" type="given" value="HENRY"/>HENRY WEBB</persName> </hi>. (
<hi rend="italic">City Detective</hi>). I took the prisoner on 6th March—I afterwards went with the books of the firm to him, when the case was ad
<lb/>journed last Session, to afford him facilities for looking into them, on three different occasions—I was prepared to supply any books that he might require further.</p>
<hi rend="italic">Cross-examined. Q.</hi> Are you an accountant?
<hi rend="italic">A.</hi> No—I was sixteen hours with him, and he had a copy of the depositions with him.</p>
<hi rend="smallCaps">
<persName id="t18690503-name-184" type="witnessName">
<interp inst="t18690503-name-184" type="gender" value="male"/>
<interp inst="t18690503-name-184" type="surname" value="EDWARDS"/>
<interp inst="t18690503-name-184" type="given" value="EDWARD"/>EDWARD EDWARDS</persName> </hi>. (
<hi rend="italic">re-examined</hi>). When the prisoner left in March, 1868, he handed over his cash balance to me—the amount was 1801
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>.—that does not contain either of these three sums mentioned—I found that balance correct, according to the balance in the book.</p>
<hi rend="italic">Cross-examined. Q.</hi> He handed over to you the apparent balance, as it appeared in the books?
<hi rend="italic">A.</hi> Yes; and I succeeded him at once—I com
<lb/>menced the investigation of the books about six weeks afterwards, and continued to do so for about ten months.</p>
<hi rend="italic">The prisoner received an excellent character.</hi> </p>
<hi rend="smallCaps">
<rs id="t18690503-475-verdict-1" type="verdictDescription">
<interp inst="t18690503-475-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18690503-475-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18690503-475-punishment-29" type="punishmentDescription">
<interp inst="t18690503-475-punishment-29" type="punishmentCategory" value="imprison"/>
<interp inst="t18690503-475-punishment-29" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-475-18690503 t18690503-475-punishment-29"/>Two Years' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18690503-476">
<interp inst="t18690503-476" type="uri" value="sessionsPapers/18690503"/>
<interp inst="t18690503-476" type="date" value="18690503"/>
<join result="criminalCharge" id="t18690503-476-charge-1" targOrder="Y" targets="def1-476-18690503 t18690503-476-offence-1 t18690503-476-verdict-1"/>
<persName id="def1-476-18690503" type="defendantName">
<interp inst="def1-476-18690503" type="gender" value="male"/>
<interp inst="def1-476-18690503" type="age" value="38"/>
<interp inst="def1-476-18690503" type="surname" value="BROOKE"/>
<interp inst="def1-476-18690503" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY BROOKE</hi> (38)</persName>
<rs id="t18690503-476-offence-1" type="offenceDescription">
<interp inst="t18690503-476-offence-1" type="offenceCategory" value="deception"