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<div1 type="frontMatter" id="f18700131">
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<p>CENTRAL CRIMINAL COURT</p>
<p>Sessions Paper.</p>
<p>BESLEY, MAYOR.</p>
<p>FOURTH SESSION, HELD JANUARY 31ST, 1870.</p>
<p>MINUTES OF EVIDENCE,</p>
<p>TAKEN IN SHORT-HAND, BY</p>
<p>JAMES DROVER BARNETT</p>
<p>AND</p>
<p>
<persName id="t18700131-name-1">
<interp inst="t18700131-name-1" type="gender" value="male"/>
<interp inst="t18700131-name-1" type="surname" value="BUCKLER"/>
<interp inst="t18700131-name-1" type="given" value="ALEXANDER"/>ALEXANDER BUCKLER</persName>,</p>
<p>Short-hand Writers to the Court,</p>
<p>ROLLS CHAMBERS, No. 89, CHANCERY LANE.</p>
<p>THE POINTS OF LAW AND PRACTICE</p>
<p>REVISED AND EDITED, BY</p>
<p>EDWARD T. E. BESLEY, ESQ.,</p>
<p>OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.</p>
<p>LONDON:</p>
<p>BUTTERWORTHS, 7, FLEET STREET,</p>
<p>Law Publishers to the Queen's Most Excellent Majesty.</p>
<xptr type="pageFacsimile" doc="187001310002"/>
<p>THE</p>
<p>WHOLE PROCEEDINGS</p>
<p>On the Queen's Commission of</p>
<p>OYER AND TERMINER AND GAOL DELIVERY</p>
<p>FOR</p>
<p>The City of London,</p>
<p>AND GAOL DELIVERY FOR THE</p>
<p>COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION</p>
<p>OF THE</p>
<p>CENTRAL CRIMINAL COURT,</p>
<p>Held on Monday, January 31st, 1870, and following days,</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-2" type="judiciaryName">
<interp inst="t18700131-name-2" type="gender" value="male"/>
<interp inst="t18700131-name-2" type="surname" value="BESLEY"/>
<interp inst="t18700131-name-2" type="given" value="ROBERT"/>BEFORE THE RIGHT HON. ROBERT BESLEY</persName>, LORD MAYOR</hi> of the City of London; Sir
<hi rend="smallCaps">
<persName id="t18700131-name-3" type="judiciaryName">
<interp inst="t18700131-name-3" type="gender" value="male"/>
<interp inst="t18700131-name-3" type="surname" value="BYLES"/>
<interp inst="t18700131-name-3" type="given" value="JOHN BARNARD"/>JOHN BARNARD BYLES</persName> </hi>, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir
<hi rend="smallCaps">
<persName id="t18700131-name-4" type="judiciaryName">
<interp inst="t18700131-name-4" type="gender" value="male"/>
<interp inst="t18700131-name-4" type="surname" value="DUKE"/>
<interp inst="t18700131-name-4" type="given" value="JAMES"/>JAMES DUKE</persName> </hi>, Knt., Sir
<hi rend="smallCaps">
<persName id="t18700131-name-5" type="judiciaryName">
<interp inst="t18700131-name-5" type="gender" value="male"/>
<interp inst="t18700131-name-5" type="surname" value="SALOMONS"/>
<interp inst="t18700131-name-5" type="given" value="DAVID"/>DAVID SALOMONS</persName> </hi>, Bart., M.P., Sir
<hi rend="smallCaps">
<persName id="t18700131-name-6" type="judiciaryName">
<interp inst="t18700131-name-6" type="gender" value="male"/>
<interp inst="t18700131-name-6" type="surname" value="CARDEN"/>
<interp inst="t18700131-name-6" type="given" value="ROBERT WALTER"/>ROBERT WALTER CARDEN</persName> </hi>, Knt., Sir
<hi rend="smallCaps">
<persName id="t18700131-name-7" type="judiciaryName">
<interp inst="t18700131-name-7" type="gender" value="male"/>
<interp inst="t18700131-name-7" type="surname" value="ROSE"/>
<interp inst="t18700131-name-7" type="given" value="WILLIAM ANDERSON"/>WILLIAM ANDERSON ROSE</persName> </hi>, Knt.,
<hi rend="smallCaps">WARREN STORMES HALE</hi>, Esq., and
<hi rend="smallCaps">
<persName id="t18700131-name-8" type="judiciaryName">
<interp inst="t18700131-name-8" type="gender" value="male"/>
<interp inst="t18700131-name-8" type="surname" value="LAWRENCE"/>
<interp inst="t18700131-name-8" type="given" value="WILLIAM"/>WILLIAM LAWRENCE</persName> </hi>, Esq., M.P., Aldermen of the said City; The Right Hon.
<hi rend="smallCaps">
<persName id="t18700131-name-9" type="judiciaryName">
<interp inst="t18700131-name-9" type="gender" value="male"/>
<interp inst="t18700131-name-9" type="surname" value="GURNET"/>
<interp inst="t18700131-name-9" type="given" value="RUSSELL"/>RUSSELL GURNET</persName> </hi>,
<hi rend="largeCaps">Q.C., M.P</hi>., Recorder of the said City;
<hi rend="smallCaps">
<persName id="t18700131-name-10" type="judiciaryName">
<interp inst="t18700131-name-10" type="gender" value="male"/>
<interp inst="t18700131-name-10" type="surname" value="DAKIN"/>
<interp inst="t18700131-name-10" type="given" value="THOMAS"/>THOMAS DAKIN</persName> </hi>, Esq., and
<hi rend="smallCaps">ROBERT SCAMULIR OWDEN</hi>, Esq., Aldermen of the said City;
<hi rend="smallCaps">
<persName id="t18700131-name-11" type="judiciaryName">
<interp inst="t18700131-name-11" type="gender" value="male"/>
<interp inst="t18700131-name-11" type="surname" value="CHAMBERS"/>
<interp inst="t18700131-name-11" type="given" value="THOMAS"/>THOMAS CHAMBERS</persName> </hi>, Esq.,
<hi rend="largeCaps">Q.C., M.P</hi>., Common Serjeant of the said City; and
<hi rend="largeCaps">
<persName id="t18700131-name-12" type="judiciaryName">
<interp inst="t18700131-name-12" type="gender" value="male"/>
<interp inst="t18700131-name-12" type="surname" value="KERR"/>
<interp inst="t18700131-name-12" type="given" value="ROBERT MALCOLM"/>ROBERT MALCOLM KERR</persName> </hi>, Esq., LL.D., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.</p>
<p>Sir
<hi rend="smallCaps">
<persName id="t18700131-name-13" type="judiciaryName">
<interp inst="t18700131-name-13" type="gender" value="male"/>
<interp inst="t18700131-name-13" type="surname" value="CAUSTON"/>
<interp inst="t18700131-name-13" type="given" value="JOSEPH"/>JOSEPH CAUSTON</persName> </hi>, Knt., Alderman.</p>
<p>Sir
<hi rend="smallCaps">JAMES VALLENTIN</hi>, Knt.</p>
<p>
<hi rend="italic">Sheriffs.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-14" type="judiciaryName">
<interp inst="t18700131-name-14" type="gender" value="male"/>
<interp inst="t18700131-name-14" type="surname" value="CROSLEY"/>
<interp inst="t18700131-name-14" type="given" value="ALEXANDER"/>ALEXANDER CROSLEY</persName> </hi>, Esq.</p>
<p>
<hi rend="italic">Under-Sheriffs.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-15" type="judiciaryName">
<interp inst="t18700131-name-15" type="gender" value="male"/>
<interp inst="t18700131-name-15" type="surname" value="BAYLIS"/>
<interp inst="t18700131-name-15" type="given" value="ALEXANDER JOHN"/>ALEXANDER JOHN BAYLIS</persName> </hi>, Esq.</p>
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<p>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<p>
<hi rend="largeCaps">BESLEY, MAYOR. FOURTH SESSION</hi>.</p>
<p>
<hi rend="italic">A star</hi> (*)
<hi rend="italic">denotes that prisoners have been previously in custody—two stars</hi> (**)
<hi rend="italic">that they have been more than once in custody—an obelisk</hi> (t)
<hi rend="italic">that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.</hi> </p>
<p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Monday, January</hi> 31st,
<hi rend="italic">and Tuesday, February 1st,</hi> 1870.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
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<p>190.
<persName id="def1-190-18700131" type="defendantName">
<interp inst="def1-190-18700131" type="gender" value="male"/>
<interp inst="def1-190-18700131" type="age" value="30"/>
<interp inst="def1-190-18700131" type="surname" value="FELDMAN"/>
<interp inst="def1-190-18700131" type="given" value="SIMON FERDINAND"/>
<hi rend="largeCaps">SIMON FERDINAND FELDMAN</hi> (30)</persName>, was indicted
<rs id="t18700131-190-offence-1" type="offenceDescription">
<interp inst="t18700131-190-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18700131-190-offence-1" type="offenceSubcategory" value="fraud"/> for unlaw-fully removing, concealing, and embezzling part of his property within sixty days of being adjudicated a bankrupt, with intent to defraud his creditors.
<hi rend="italic">Other Counts</hi>—For conspiring with one
<persName id="t18700131-name-17" type="victimName">
<interp inst="t18700131-name-17" type="gender" value="male"/>
<interp inst="t18700131-name-17" type="surname" value="DAVIS"/>
<interp inst="t18700131-name-17" type="given" value="DAVID"/>
<join result="offenceVictim" targOrder="Y" targets="t18700131-190-offence-1 t18700131-name-17"/>David Davis</persName>, with a like intent.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. METOALFE, BESLEY</hi>,
<hi rend="italic">and</hi>
<hi rend="smallCaps">WHITAKER</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<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>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-18" type="witnessName">
<interp inst="t18700131-name-18" type="gender" value="male"/>
<interp inst="t18700131-name-18" type="surname" value="NICHOLSON"/>
<interp inst="t18700131-name-18" type="given" value="BENJAMIN"/>BENJAMIN NICHOLSON</persName> </hi>. I am an accountant, in Gresham Street—I was appointed under the prisoner's bankruptcy to investigate his affairs, shortly after the adjudication, which was on 6th September—I received the books of the bankrupt into my possession—I have carefully gone through those books, with a view to ascertain the state of his affairs—I have received no invoices for the year 1869—up to July, 1868, the invoices were pasted in a book in the ordinary way—I have not been able to get the invoices from that time; that has very much impeded my research into the books—I applied to some of the creditors for copies, and received some; but was not able to get all, not sufficient to enable me to make complete inquiries—I got no original invoices—I am now referring to an account, which I examined with the books, and can speak to—the total amount of the prisoner's purchases in the first three months of 1868 was 1426
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>.; in the corresponding three months, in 1869,
<hi rend="italic">it</hi> was 1867
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.; in August, 1868, the purchases were 360
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>.; in April, 1869, they were 2088
<hi rend="italic">l</hi>.; in May, 1868, 692
<hi rend="italic">l</hi>.; in May, 1869, 1850
<hi rend="italic">l</hi>.; June, 1868, 464
<hi rend="italic">l</hi>.; June, 1869, 2116
<hi rend="italic">l</hi>.; the total of those three months, in 1868, was 1517
<hi rend="italic">l</hi>.; the total for those three months, in 1869, was 6055
<hi rend="italic">l</hi>.; making an excess of 4500
<hi rend="italic">l</hi>. in those three months—the difference between the first three months, in 1869, 1867
<hi rend="italic">l</hi>., and the second three months, 6055
<hi rend="italic">l</hi>., was nearly 4200
<hi rend="italic">l</hi>.—the sales for April, May, and June, 1868, were 3034
<hi rend="italic">l</hi>.; the sales from April to June. 1869, were 3918
<hi rend="italic">l</hi>., being an excess of 884
<hi rend="italic">l</hi>.—that leaves an excess of</p>
<xptr type="pageFacsimile" doc="187001310004"/>
<p>purchases over sales of over 3000
<hi rend="italic">l</hi>.—I can't account for that; I can't account for about half of it—the stock that was actually realized was a little over 1700
<hi rend="italic">l</hi>.—there is a surplus of stock unaccounted for to the extent of about 1500
<hi rend="italic">l</hi>.—that is without taking into consideration any profit to the prisoner on these sales, treating the sales as at cost price—if there were any profits, that would considerably increase the deficit—the debts due to the bankrupt were nearly 1000
<hi rend="italic">l</hi>.; the total assets about 2900
<hi rend="italic">l</hi>.; the total debts about 6500
<hi rend="italic">l</hi>., 750
<hi rend="italic">l</hi>. of which were customers' dishonoured bills; the deficiency, as between the assets and debts, is 3000
<hi rend="italic">l</hi>., 800
<hi rend="italic">l</hi>. being treated as liabilities—the bills represented goods that had been sold to creditors—in August, 1868, he was indebted to trade creditors about 1000
<hi rend="italic">l</hi>.—I don't place any great reliance on those figures; but that is the best I can get from the books—I can't state the amount owing to him at that time—I was not satisfied, from the examination I made, that my figures were correct on that point—the bankrupt admits to 600
<hi rend="italic">l</hi>. or 700
<hi rend="italic">l</hi>. of stock in hand at the beginning of January, 1869; but there are no figures in his books to give me any proper data—I have never received from the bankrupt, or from the books, or in any way, any solution of the 3000
<hi rend="italic">l</hi>. deficiency.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> As far as you were concerned, I believe it was simply as an accountant, without any previous knowledge of the bankrupt's trading?
<hi rend="italic">A.</hi> Quite so—I have verified the accounts—I have been over all the principal items, the purchases and sales in each month—his indebtedness, at the time of his bankruptcy, was about 6500
<hi rend="italic">l</hi>., 750
<hi rend="italic">l</hi>. of which arose from losses and bad debts—he also sustained losses, during the short remaining period of trading, of about 400
<hi rend="italic">l</hi>. more—that would account for about 1200
<hi rend="italic">l</hi>. of the deficiency; that is what I call trading losses—there would have been about 3000
<hi rend="italic">l</hi>. assets to be divided among the creditors—that would be about 10
<hi rend="italic">s</hi>. in the pound—1853
<hi rend="italic">l</hi>. was the amount unaccounted for—I have no knowledge of the cost price of the stock which the bankrupt surrendered to the assignees—it sold for about 1700
<hi rend="italic">l</hi>. at public auction—I believe it was not a forced sale; the prices realized were very high; subject to that, it was a forced sale—the invoices that are missing are all the invoices for three or four months prior to his stoppage, from July, 1868—I do not know that those invoices were, at one time, given up to Mr. Lovering, or Mr. Wyatt—I know the bankrupt so alleged, and that Mr. Lovering denied it—I was employed by the assignees some time in September—I was first employed by some of the creditors; by Mr. Barren, he was the largest creditor—I know, of my own knowledge, that the prisoner has been in business since 1861; he failed then, or in 1860—I don't know that he was enlarging his premises in March, 1869—I don't know what stock he had at that time—I have no data upon which to arrive at that result—supposing his stock was very low at that time it would make a difference in my calcu
<lb/>lation—I have estimated his stock at 1000
<hi rend="italic">l</hi>.—if he had not that stock it would go to hid credit, and if he had more, it would go to his debit—he kept a book, which contained the totals of the invoices; but the details were absent, because the invoices were not forthcoming; it contained the creditors' names—if I had had the invoices I could have seen what class and description of goods had been supplied; as regards the amount it did not mutter—the total purchases for the first three months, in 1869, was 1867
<hi rend="italic">l</hi>., and the total sales for the same period 2630
<hi rend="italic">l</hi>., the difference being 760
<hi rend="italic">l</hi>.—the purchases should also include the manufacturing wages, in order to get the difference between the two—the wages is part of the</p>
<xptr type="pageFacsimile" doc="187001310005"/>
<p>cost of production—they would be 507
<hi rend="italic">l</hi>.—I find that in the books; therefore the proper difference would be 255
<hi rend="italic">l</hi>.—I did not take into account all his trade expenses in this balance sheet, neither did I take into account his profit; that, of course, I could not arrive at—I have given him credit for the full amount of the bad debts, 400
<hi rend="italic">l</hi>. and 750
<hi rend="italic">l</hi>.—I ought not to have taken his trade expenses into account in the balance sheet, because that simply showed the state of his affairs at the date of suspension, that he owed so much and had so much.</p>
<p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> If you had had the invoices, would you have been able to ascertain exactly the amounts and the different qualities?
<hi rend="italic">A.</hi> Yes—the defendant made an assignment in 1860 or 1861—he was not bankrupt.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did the books furnish you with the amounts paid for the purchase of goods?
<hi rend="italic">A.</hi> Yes, but not with all the amounts received on the sale of goods—they were deficient in that respect, but the bulk of them they did—I had to add to the cost price of the goods, the cost of manu
<lb/>facture—I could not tell the profit from the cash book, it was not kept in a manner I could rely upon—I have relied simply upon the sales, the esti
<lb/>mated stock at the beginning, and the actual stock at the end—the difference between the cost of the purchase and the manufacture added together, and the receipts, would show whether the business had been carried on at a profit or loss; in the absence of that, I cannot say whether the sales were remunerative or not—the bankrupt stated that he made 7 1/2 per cent profit on his trading—the amount of his purchases in July and August, including the price of production was about 955
<hi rend="italic">l</hi>. in round numbers, and the sales 1373
<hi rend="italic">l</hi>.—he did not fail till 4th August—he sold 130
<hi rend="italic">l</hi>. worth of goods the first four days in August.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-19" type="witnessName">
<interp inst="t18700131-name-19" type="gender" value="male"/>
<interp inst="t18700131-name-19" type="surname" value="JOHNSON"/>
<interp inst="t18700131-name-19" type="given" value="BERTRAND ROBERT"/>BERTRAND ROBERT JOHNSON</persName> </hi>. I am a clerk in the Bankruptcy Court—I produce two sets of papers relating to the prisoner's bankruptcy—the date of the adjudication is 7th September.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-20" type="witnessName">
<interp inst="t18700131-name-20" type="gender" value="male"/>
<interp inst="t18700131-name-20" type="surname" value="SNELL"/>
<interp inst="t18700131-name-20" type="given" value="GEORGE BLAGROVE"/>GEORGE BLAGROVE SNELL</persName> </hi>. I am the official short-hand writer to the Court of Bankruptcy—I was appointed to take noted of the proceedings in Feldman's case—the transcript is on the proceedings—the first examination was on 20th September, the next on 29th, and the next on 5th October—(
<hi rend="italic">Extracts from the bankrupt's examination were ready in which he stated that he had given up all his property to the man in possession; that he had not sent large quantities of his goods to David Davis in June last; and that cheques for various amounts, which were referred to, were given by him to Davis in exchange for sums lent to him by Davis</hi>)—There are entries in the ledger of sales to Davis, on 20th June, 17
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>.; and on 30th, 15
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>.—Davis was examined on the 29th—I took notes of his examination—I was present at the Bankruptcy Court on 10th November, when the Stargardters and other witnesses were examined—I took notes of their examination—I don't think I saw Feldman and Davis there that day—I think they were there, but I could not say positively.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">Q.</hi> Do I understand the answers which the bankrupt gave in reference to the cheques, to amount to this, that they were post-dated cheques, given by him to Davis, in exchange for loans he had made to him?
<hi rend="italic">A.</hi> That is the inference I should draw from the evidence.</p>
<p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Will you turn to the day-book and see what the entries are on the 29th and 30th?
<hi rend="italic">A.</hi> On the 29th there is" D. Davis, 17
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>. and on the 30th, 15
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>.</p>
<xptr type="pageFacsimile" doc="187001310006"/>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-21" type="witnessName">
<interp inst="t18700131-name-21" type="gender" value="male"/>
<interp inst="t18700131-name-21" type="surname" value="BARRON"/>
<interp inst="t18700131-name-21" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN BARRON</persName> </hi>. I carry on business with my son, in Alderman
<lb/>bury, as leather and shoe merchants and warehousemen—I had dealings with Feldman for some years—I was acquainted with him in 1861—he made an assignment to me at that time for the benefit of his creditors—after that I still traded with him—in April, 1868, I had a conversation with him—I took a memorandum of it at the time—he called on me and applied to have a drawing account, he hitherto having had discount on monthly accounts—the reason he gave was that a gentleman with whom he had been in the habit of having a drawing account at four months had failed, and he wanted to know whether I was disposed to supply that—I asked him some questions, upon which I went down to his place—he told me that he had taken stock about nine months previous to that, and he then had a surplus capital of 1500
<hi rend="italic">l</hi>.—upon that showing, and the appearance of the place, I quite believed him, and I gave him what he wanted, viz., the drawing account—my impression was that he had quite 2000
<hi rend="italic">l</hi>. worth of stock at that time—he continued to deal with me on that drawing account up to July last—at the time he stopped payment he owed me 483
<hi rend="italic">l</hi>.—I attended a meeting of creditors when he first stopped, about the 13th August—Mr. Lovering attended, and the bankrupt—a general statement of his affairs was produced, which I have here—Mr. Lovering prepared it—some questions were put to the bankrupt upon that statement—I was in the chair, and I asked how he could account for his deficiency, as shown by the balance-sheet—this is the statement: the total liabilities is 6553
<hi rend="italic">l</hi>.; assets, 2786
<hi rend="italic">l</hi>.; leaving a defi
<lb/>ciency of about 3767
<hi rend="italic">l</hi>.—I said, "What offer do you wish to make?"and he said 6
<hi rend="italic">s</hi>. in the pound—I also asked him whether he had sold any goods at a loss, to meet payments, and he said "No, I have not sold goods except at a profit, and at an average of 7 1/2 per cent."—he said he could not account for the deficiency—the offer of 6
<hi rend="italic">s</hi>. in the pound was refused, and a petition was presented immediately after the meeting.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> There was a petition against the prisoner in bank-ruptcy, which was dismissed?
<hi rend="italic">A.</hi> There was; I was the petitioner—it was dismissed with costs—I think I had to pay them—I left it in the hands of my solicitor, Mr. Albert Turner—the second petition was by Mr. Newman, another creditor—I don't know the amount of his debt—I have supplied the prisoner with goods from the date of his assignment, the latter end of 1860 or early in 1861, during the time he has been in business at 99, Hackney Road, to the extent of perhaps 3000
<hi rend="italic">l</hi>. or 4000
<hi rend="italic">l</hi>. up to the time of his stoppage—he is now indebted to me in 483
<hi rend="italic">l</hi>.—we drew upon him at three months, after the mouth, and he gave us some customers' bills—112
<hi rend="italic">l</hi>. out of the 483
<hi rend="italic">l</hi>. is in customers' bills, which were dishonoured—I don't think he has paid us as much as 10,000
<hi rend="italic">l</hi>. during the last ten years—I can't state the amount exactly without reference to my book, but I think it would not amount to 4000
<hi rend="italic">l</hi>.—I did not ask him to deal more largely with us—I was not ware that he was enlarging his business in April, 1869—he had not owed and as much as 480
<hi rend="italic">l</hi>. on any previous occasion—I should imagine 150
<hi rend="italic">l</hi>. was the largest amount—I recommended him to place himself in the hands of Mr. Nicholson, instead of Mr. Lovering, simply because Mr. Nicholson was known to the trade and generally employed by them in making up accounts—I think the majority of the prisoner's stock in 1868 consisted of unmade goods; I should think about half of each—I believe he bought the goods, with trifling exceptions, for manufacturing into boots and shoes—he was a wholesale boot and shoe maker—we only supply materials.</p>
<xptr type="pageFacsimile" doc="187001310007"/>
<p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Had the prisoner's account with you increased re
<lb/>cently before his failure?
<hi rend="italic">A.</hi> Yes, from April, 1868, to 4th August, 1869, the amounts averaged about 200
<hi rend="italic">l</hi>. each of the first of these four months, and the last of these four mouths it was 379
<hi rend="italic">l</hi>., the principal amounts being in May and June.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-22" type="witnessName">
<interp inst="t18700131-name-22" type="gender" value="male"/>
<interp inst="t18700131-name-22" type="surname" value="STARGARDTER"/>
<interp inst="t18700131-name-22" type="given" value="ADOLPH"/>ADOLPH STARGARDTER</persName> </hi>. I am a boot and shoe manufacturer—I have had knowledge of the business, from my 14th year—I reside at 366, Hackney Road, which is next door to the house occupied by David Davis—from my house, I could command a view of his premises, I could see from my window right through into his back yard—I could see from my front window at one time, and at other times from my back window—from my front window I could see his front door, and from the back I could tee into his yard—he was a boot and shoe manufacturer, the same business as my own—the first day I noticed anything was on 21st June—I saw Feldman's van loaded with game kid and patent calf, and his carman, Ward, with it—the van was crammed full, right over the top—it was a four-wheeled van—it was driven up to Davis' front door—Mr. Feldman walked up to the door, knocked at it, and it was answered by the foreman, Davis came out and went in again and the things were unloaded in at the front door—Feldman's carman, and a boy of Davis's, and his manager, did the unloading—Feldman remained in
<lb/>side Davis's house—I saw the goods as they were carried in—they were packed in parcels—each dozen in a separate parcel—I believe the value of the property taken in was about 300
<hi rend="italic">l</hi>.—the unloading took a good time—when it was all unloaded the van was driven away empty—I made a memo
<lb/>randum about this—this is it (
<hi rend="italic">produced,</hi>) it is in my handwriting—it was made on the 28th June—if I said it was the 21st, it was a mistake, it was the 28th—that memorandum was made with reference to the transaction I have described—it was made on the same day—the following day, the 29th, I saw the same van and the same carman—the van was loaded with Austra-lian sides; that is leather—there were no other kind of goods—the van was so full that day, that boards were obliged to be placed on each side of the van, to keep the leather up, so that it should not slip down—the boards on the top were placed higher than the inside of the van—I saw Davis superin
<lb/>tending the van—it was backed to the side entrance, and the goods taken into Davis's yard—I saw that myself—I believe the value of those goods to be from 60
<hi rend="italic">l</hi>. to 80
<hi rend="italic">l</hi>.—the van was driven away empty—the goods were weighed in Davis's yard, by Davis and his men, and then taken into his house—the day after that, the 30th, between 7 and 8 o'clock in the evening, the same van came up again—it had then got some Australian sides, and cropped bellies in it—it was almost as loaded as the first one was—I can't say the value of that load—the value differs, but I should say it would come to about 40
<hi rend="italic">l</hi>. or 50
<hi rend="italic">l</hi>.—I was not at home on the morning of the 30th, my son was—in the evening the van was backed in and the goods taken into the side entrance—I don't know whether they were taken into the back premises, or into the house—goods frequently came in there between the 30th June and 4th August, in carts, I believe with an apprentice of Feldman's—it was a person I knew to be in his employment—I have often seen Feldman at Davis's place between the 28th June and 4th August—I can't say how often—I never saw him there at the time goods were being delivered either from the carts or the van, except at the time I have mentioned—on the 4th August I saw the van again—Ward came with it—it was tilled with rolls, not of leather, one roll of the paper was broken</p>
<xptr type="pageFacsimile" doc="187001310008"/>
<p>and it showed like eyelet-holes—those are pieces for the fronts of boots—on the top of those some boards were planted, and three large hampers—I don't know what they contained—
<hi rend="italic">they</hi> came into Davis's front door—the hampers were very full, because the man was compelled to stoop down to keep them on his back, and when he let them down in the passage the house was almost shaken into mine—I did not see Feldman there on that day—I believe I had seen him there the day previous—I went away on the afternoon of the 4th to Kamsgate, and returned on the Friday following—I saw Feldman there several times after that—he came to Davis's front door—it was shut, he knocked, and someone let him in—I saw Davis on several occasions after this, in the evening after 7 o'clock, when I was at a beer-house which I generally use, opposite Feldman's—I have seen Davis's trap standing at the door of Feldman's house for a long time before he came out—they have been acquaintances many years—I had seen them together repeatedly before the 28th June.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Were you a bankrupt a short time ago?
<hi rend="italic">A.</hi> Yes, on 1st March last year—I paid 5
<hi rend="italic">s</hi>. in the pound—Davis was not a creditor of mine—Feldman was, to the amount of 40
<hi rend="italic">l</hi>.—Davis interfered in my bankruptcy—I had no sort of ill feeling against him, only he forced himself to be an assignee in my estate—he managed somehow or other to get hold of Feldman's bill—I don't believe he was a creditor—he got appointed assignee—I never said I was determined to be revenged on Davis and Feldman—I might have said so—I don't think I did—I did not say so of Feldman, because I don't see why I should—I might have said so as to Davis—I might have said I would be revenged on Davis and Feldman, I can't say—I was asked that same question before—I certainly can't disguise that I had a little animosity against Davis—I can't say that I told Mr. Payne I would be revenged on Feldman and Davis—I might have said so—I began to watch on 28th June—my son was called as a witness before the Magistrate, and other persons in my service—Bradley, Kanffl, my brother-in-law, and Miss Kinfolk—they arc here to-day—I took this memorandum on a letter—when I was not at home my son put down something on the same memorandum—I did not tell him to do so—he had seen me putting it down, and I suppose that made him do so—I got this envelope to make the memorandum on—I was the first to make the memorandum—I swear I did not tell my son to make a memorandum of what he saw, nor my wife—my wife does not work at the business, she is in the warehouse when I am not at home—I did not tell her to watch, or anybody—I first told this when I heard of the meeting of creditors, some time in August—I never mentioned it before to anyone—I know Mr. Barron, he did not call on me about this matter—I did not go to him—when the first meeting of crediton was called, I went there and told one of the creditors, Mr. Menden—I worked for Mr. Feldman many years back—I was not dismissed—I went away of my own accord—some goods had been stolen from his place while I was there, and I gave the man into custody who had them—that was about seven or eight years ago—I only worked for him a few weeks—a man stole my work which I had out, and I gave him into custody—there was no quarrel between Feldman and I, then—I did not threaten him when I went away—this was a four-wheeled van, with one horse—I have no doubt Ward was the carman—there was no one with him except Mr. Feldman on one occasion—that was with the first load, on 28th June—I can't say whether his name was on the van—I know it was his van—I can't say the weight</p>
<xptr type="pageFacsimile" doc="187001310009"/>
<p>of the goods in the van, because I don't know the weight of kid and patent calf—the van was there above an hour that day—my son was at home—he saw it—he did not make any memorandum at that time, only myself—I did not suggest to him to make a memorandum—it was between 11 and 2 o'clock—the van was standing, for an hour, in front of the door, next door to me—I mean to say that the whole of those goods went in at the front door—there was rather a large quantity—I am sure my son was at home—he came to me, and said, "Papa, look outside, there is a large van full of goods of Feldman's at Davis's door," and I said, "I have seen it already"—he is going on for fourteen years of age—he did not tell me to make a memorandum of it—I had done that already—I did it in His pre
<lb/>sence—the goods had all been delivered then, they were just taking them down—this is my memorandum—this "June 28th, kid and patent calf," was written on 28th—the next entry is "June 29th, van of Australian sides," and then, "June 30th, patent calf and lining"—that is my son's—"Cropped bellies and Australian" is mine—that third entry was made by my son—I was not there when he made it—I swear that those entries were made at different times—I had left the envelope in ray desk, unlocked, and my son went to the desk and took it—I had not told him it was there—I dare say he saw me put it in the desk—I can't say whether he saw me write the memo
<lb/>random on the 29th—I don't know whether he wrote anything else but what is on that envelope.</p>
<p>
<hi rend="smallCaps">MR. METOALFE</hi>.
<hi rend="italic">Q.</hi> You say you were out on the morning of 30th June?
<hi rend="italic">A.</hi> Yes; and when I came home I found those words had been written on the envelope by my son—these subsequent words about the cropped bellies were written by me—that applies to the load in the evening—the post-mark on the envelope is 25th June—the envelope was lying on my desk on 28th—my bankruptcy was annulled, and after that I went to Mr. Payne, the solicitor, and asked him for my account of my estate—he said he had got nothing to do with it; I must go to Davis—I went to Davis, and he said he had got nothing to do with it; I must go to Mr. Payne—I have never got any account up to the present time, and my property is all gone—that was the same Mr. Payne who was acting for Davis and the prisoner in this case.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-23" type="witnessName">
<interp inst="t18700131-name-23" type="gender" value="male"/>
<interp inst="t18700131-name-23" type="surname" value="STARGARDTER"/>
<interp inst="t18700131-name-23" type="given" value="LEOPOLD"/>LEOPOLD STARGARDTER</persName> </hi>. I am the son of the last witness, and work at his place, next door to Davis—in June last I noticed some goods come to Davis's place—the first day was on the 28th—they came in Mr. Feldman's van—Ward was the driver—the van contained kid and patent calf—it was quite full—I first saw it at Davis's front door—there was no one else with the van when I first saw it—it had driven up, and was standing at the door, and the goods were being taken out of it into the front door by Davis and his man—they received the whole of the load, and that van was driven off—this was between 11 and 2 o'clock in the day—I judge by my dinner hour—on 29th June I saw some more goods come in the same van, with the same driver; they were Australian sides and patent calf—the van drove first to the front door, and was then taken to the side door—the goods were unloaded there, and taken into the yard, and the van afterwards driven away—that was between 11 and 2 o'clock—in the afternoon of the same day I saw the same van loaded with Australian sides—they were driven to the back yard and unloaded; it was the same driver—my father was at home, I believe—on the afternoon of the 30th I saw some lining and patent calf—my father was not at home then—they were unloaded at the front door—on the 28th I was at the door when I saw the things, and I went in to any father and told</p>
<xptr type="pageFacsimile" doc="187001310010"/>
<p>him of it, and he said he had seen it already, and I saw him writing some-thing on the back of an envelope—this is it, and on 30th June, when I saw the load, and
<hi rend="italic">my</hi> father was out, I made an entry there—this is it—I put it on the desk, and my father saw it when he came home—when I made the entry, the entries of the 28th and 29th were already written—at the time I saw this we could see from our side window into the yard—after that a fence was put up, a sort of hoarding of boards, so high that we could not tee; that was put up on Davis's was, so as to prevent our looking into the yard; I can't exactly say how long after that I had seen these loads brought that was done; it was thortly after—our windows were originally ground glass, painted; but tome of the paint was scratched off.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Is this the first time you have mentioned about the screen?
<hi rend="italic">A.</hi> Yes—I had not been watching before the 28th June; I happened to come to the front door and see the things—I don't know whether the person who brought the goods saw me; I did not hide myself; I was standing in the opening of the door—my father had not told me to watch; he was in the warehouse at the time—I went in and told him—I don't know whether I was the first person that saw the van—I think my father bad seen it—I saw an envelope before him that had been written on before I came in—he was in the front; it is not exactly a shop, but a place of business—I did not tell him what to put down—I think it was the kid and patent calf that he put down at that time—I did not see him write it—he had already got the envelope—the first two entries are my father's writing—I never said that he took them down from what I told him—I did not tell him what to put down, he wrote it down without my telling him anything—I think I said at the Police Court what the value of the first load was; I thought it was about 250
<hi rend="italic">l</hi>., and said so—the second load, about 150
<hi rend="italic">l</hi>. or 200
<hi rend="italic">l</hi>., and the third also about 150
<hi rend="italic">l</hi>. or 200
<hi rend="italic">l</hi>.—I did not see the fourth load—I have been with my father about two years—I am getting on for fourteen—I have not been in the habit of buying or selling leather—I have seen the goods father has bought, and have seen the invoices of them; since this, and before, too—the things in the van were not covered over; the sides of the van were boarded up—I said before the Magistrate that the first load was worth 200
<hi rend="italic">l</hi>.; the second, between 150
<hi rend="italic">l</hi>. and 200
<hi rend="italic">l</hi>.; the third, about 150
<hi rend="italic">l</hi>.; and the fourth, about 200
<hi rend="italic">l</hi>. or 250
<hi rend="italic">l</hi>.—my father did not say anything to me about the value—I put the value out of my own head—I left school in November, 1868—I then went to a Mr. Drayson for
<hi rend="italic">two</hi> days a week; I left him in May, 1869—I did not say before the Magistrate that my father put this down on 28th June—from what I told him he did not do so; he wrote it down of his own accord—(
<hi rend="italic">The, witness's deposition, being read, stated</hi> "The first two entries are my father's writing; he put it down from what I told him")—I can't tell why I should have said that—my father did not tell me to watch, nor did my mother—I spoke of what I had seen to my mother, not to the workmen—I was with my father when the van came on the 29th; he saw it, too—I believe my father saw the van first on the 28th—I wrote on the envelope because I saw it lying on the desk, and I thought it would be right for me to write it down as well, because my father had written before.</p>
<p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> When you were before the Magistrate, were you Cross-examined by Mr. Lewis?
<hi rend="italic">A.</hi> Yes—it was in answer to him and adopting his question that I said those words—our shop has a window looking into the road—you can see from that pretty nearly up to Davis's</p>
<xptr type="pageFacsimile" doc="187001310011"/>
<p>door—my father being there would have an opportunity of seeing the van—I did not see anything of the prisoner when I first saw the van on the 28th—I told my father what I had seen, and he said, "I have seen it already, and am writing it down"—he had written it down; he was not doing it at the time, but the envelope was on the desk.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-24" type="witnessName">
<interp inst="t18700131-name-24" type="gender" value="male"/>
<interp inst="t18700131-name-24" type="surname" value="BRADLEY"/>
<interp inst="t18700131-name-24" type="given" value="RICHARD"/>RICHARD BRADLEY</persName> </hi>. In June last I was in the service of Mr. Stargardter, in Hackney Road, next door to Mr. Davis—at the latter end of June, I saw a van which I knew to be Feldman's standing in front of Bavin's door—it contained kid skins and patent calf—they were unloaded and taken into Davis's front entrance—Mr. Feldman's carman was with the van—I don't know his name—I saw the van again a day or two afterwards at Davis's side entrance—it contained Australian sides, elastic, and lining, and was full—they were unloaded and taken into Davis's premises—I saw the van again on another occasion—it then contained Australian sides and elastic—the same thing was done as with the first load—I did not see Foldinan there at all.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Do you know a person of the name of Kanfft?
<hi rend="italic">A.</hi> Yes—I saw three loads; they all came within a week—Kanfft first called my attention to it—I am sure that what I saw occurred within a week after Kanfft called my attention; it was at the end of June—I don't recollect Kanfft leaving Mr. Stargardter's service—he was there up to the time I was—I left in the middle of July; I am quite sure it was not in June—I did not mention to any one at the time what I saw—I recollected it afterwards, not till I heard Feldman was bankrupt—I then went and spoke to Mr. Stargardter—I was in employment then.</p>
<p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Is Kanfft a son-in-law of Stargardter's?
<hi rend="italic">A.</hi> A brother-in-law—he called my attention to the load in a joke.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-25" type="witnessName">
<interp inst="t18700131-name-25" type="gender" value="male"/>
<interp inst="t18700131-name-25" type="surname" value="GOLDNER"/>
<interp inst="t18700131-name-25" type="given" value="HARRIS"/>HARRIS GOLDNER</persName> </hi>. I am a shoemaker—in June last I was in the service of Mr. Stargardter—I have not been in it ever since—I am in it now—I left once at the end of July and went back to him before Christmas—on 28th June I was coming into Mr. Stargardter's about my business, and saw a van standing before Davis's door, loaded with kid and patent calf—I knew it was Feldman's van and carman—I had seen it many times in Hackney Road—the van was unloaded, and the goods taken into the front door of Davis's house—on the next day, the 29th, I saw it again, loaded with Australian sides—they were taken to the back of Davis's premises—I am acquainted with his premises—I could see into his back yard from Mr. Stargardter's premises—Mr. Stargardter's yard is not exactly in the same condition as it was before 28th June; it has been altered, a stable was in it, and that was pulled down; a fence was put up after the affair, I can't tell when—I left last January—I worked for him out of doors, not in doors.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Are you quite sure that you were working for Stargardter in June?
<hi rend="italic">A.</hi> Yes—I went afterwards to a Mr. Cohen to work—that was not in June, it would be about 23rd or 24th July—I went back to Stargardter before Christmas, and have been working for him since; I work for him now.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-26" type="witnessName">
<interp inst="t18700131-name-26" type="gender" value="male"/>
<interp inst="t18700131-name-26" type="surname" value="KANFFT"/>
<interp inst="t18700131-name-26" type="given" value="ISAAC"/>ISAAC KANFFT</persName> </hi> (
<hi rend="italic">Interpreted</hi>). I am brother-in-law to Stargardter—I was at his house at the end of June last—on 28th June my attention was attracted to a large van full of kid and patent calf—it was carried in, or taken in, at Davis's front door, and the van went away—this was from 1 to 3 o'clock—I saw the same van next day, the 29th, with Australian sides—they were taken to Davis's side door, and there weighed—I did not pay any</p>
<xptr type="pageFacsimile" doc="187001310012"/>
<p>more attention to it after that—I spoke to Bradley at the time, and said in a joke, it would be better the leather should be carried to our place—after this a large hoarding was put up in Davis's yard, all along from the house as far as the yard goes—that would hide the view of the yard from our windows, and all the workshops.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Are you still in Stargardter's service?
<hi rend="italic">A.</hi> Yes—I carried on the business in my name during his bankruptcy; it was his business.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-27" type="witnessName">
<interp inst="t18700131-name-27" type="gender" value="female"/>
<interp inst="t18700131-name-27" type="surname" value="STARGARDTER"/>
<interp inst="t18700131-name-27" type="given" value="SARAH"/>SARAH STARGARDTER</persName> </hi>. I am the wife of Mr. Stargardter—on 28th June last I saw Feldman's carman with Feldman's van, loaded with goods—they were taken into Davis's—the next day I saw the same carman and the same van loaded with Australian sides; it was backed to the back entrance, and the goods unloaded then—the day after I saw the same van again, loaded with goods—they were taken to the front place and unloaded there—the first time the van came I saw Mr. Feldman knocking at the front door, he went in, and remained there—I could not see who came to the door—I have seen him there at other times; I used to see him there very often before this occurred—he used to come there occasionally—I did not see him there on the 29th—I saw him afterwards, but not so frequently—after I saw these goods a fence was put up to obstruct the view in Davis's yard, so that we could not see into the yard.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-28" type="witnessName">
<interp inst="t18700131-name-28" type="gender" value="female"/>
<interp inst="t18700131-name-28" type="surname" value="KANFFT"/>
<interp inst="t18700131-name-28" type="given" value="PAULINE"/>PAULINE KANFFT</persName> </hi> (
<hi rend="italic">Interpreted</hi>). I am the wife of Isaac Kanfft—I was living with him at Mr. Stargardter's on 28th June—about that time I noticed a great many goods brought to Davis's premises—I did not at first take notice of the dates, not until I heard Feldman was a bankrupt, and then I took notice of the dates—they were brought in a large van; that was more than once, during several days—I did not know Mr. Feldman, and therefore can't say whether I saw him—I did not know whose van it was—there were two persons in charge of it on the first day.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-29" type="witnessName">
<interp inst="t18700131-name-29" type="gender" value="male"/>
<interp inst="t18700131-name-29" type="surname" value="FRYER"/>
<interp inst="t18700131-name-29" type="given" value="JOHN CORNELIUS"/>JOHN CORNELIUS FRYER</persName> </hi>. I am employed by Mr. Nicholson, the account-ant, and am also in business on my own account—I have had great experience in the leather trade for twenty-five years—I have been in the habit of valuing goods in that trade, such goods as the prisoner dealt in—I made an inven
<lb/>tory of Feldman's stock on 14th September; this is it; the full value of the goods was 1616
<hi rend="italic">l</hi>. 17
<hi rend="italic">s</hi>. 0 1/2
<hi rend="italic">d</hi>., some were manufactured, and some unmanufactured.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Have you had much experience in valuations in bankruptcy?
<hi rend="italic">A.</hi> Some two years—I was sent to value these goods by Mr. Nicholson, I don't know who it was for—Mr. Johnson afterwards sold them; I believe he was aware of the amount of my valuation; I did not tell him what it was before the sale; I presume he must have Been the stock-book afterwards, at Mr. Nicholson's—the greater proportion of the stock was unmade.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-30" type="witnessName">
<interp inst="t18700131-name-30" type="gender" value="male"/>
<interp inst="t18700131-name-30" type="surname" value="JOHNSON"/>
<interp inst="t18700131-name-30" type="given" value="SAMUEL"/>SAMUEL JOHNSON</persName> </hi>. I am an auctioneer, of Aldersgate Street—I have been for between forty and fifty years extensively engaged in my business, especially in the leather trade—I sold the goods found on the bankrupt's premises—I think they sold well—they realized rather over 1700
<hi rend="italic">l</hi>.—I speak of the stock in trade only.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Was there a discrepancy between Mr. Fryer's valuation and the amount that you sold at?
<hi rend="italic">A.</hi> Yes, his valuation was less than the price the goods realized—the goods were sold on the premises—there was a man in possession, and we sold everything that was there—</p>
<xptr type="pageFacsimile" doc="187001310013"/>
<p>there was nothing sold off the premises—Mr. Fryer made his valuation before I sold—the difference between us was about 100
<hi rend="italic">l</hi>.—some goods were sold above the value, and some below, as is usual at a sale—the sale was on 3rd November—I have furnished a marked catalogue to the solicitor—I have been for many years in the habit of conducting sales in bankruptcy; that is my particular department—I am auctioneer and valuer to the leather and shoe trade.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-31" type="witnessName">
<interp inst="t18700131-name-31" type="gender" value="male"/>
<interp inst="t18700131-name-31" type="surname" value="LOVERING"/>
<interp inst="t18700131-name-31" type="given" value="JOHN FOLLAND"/>JOHN FOLLAND LOVERING</persName> </hi>. I am an accountant—I was employed by some of the creditors under the first bankruptcy—the bankrupt's affairs were placed in my hands—I had all his books on 6th August, I think—he assisted me in making out a statement of his affairs, which was submitted to the creditors—invoices were produced by the bankrupt, extending over this transaction—those relating to the latter part of 1868 and the half of 1869 were also on files—I think we went back as far as January 1st—after I had worked out the statement, I handed these invoices to Messrs, Sole and Turner—there were five files of invoices, and here is their receipt for them—all the invoices were on the files—a large number of invoices passed through my hands—this (
<hi rend="italic">produced</hi>) is a book kept by Feldman, with the dates, names, and amounts—when we went through the books, we endeavoured to check the goods off with this, and when we could not find any invoice, we put a cross against the item—that applied to the months of April, May, and June, and up to the bankruptcy—these invoices were left in our office—Mr. Wyatt, my clerk, can tell you what became of them—I did not hand them over to the defendant—I have been applied to for papers connected with the matter, on behalf of the assignees—I have not refused to deliver them—I have delivered every paper we have—we gave copies of the account we took—we have not given the originals—I certainly refused to give the originals—a different accountant was employed—we never give up original documents.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Is there any pretence for saying that you have with-held documents from Mr. Nicholson?
<hi rend="italic">A.</hi> None whatever—this receipt for the invoice is signed by Mr. Moore, one of Sole and Turner's clerks, and is dated 28th October, 1869—I believe all the invoices I saw were given up by my clerk to Sole and Turner with all papers—I have not kept back one—no paper of any kind was given up to the bankrupt—we did not send the books to Mr. Nicholson, we sent them all to Mr. Barren, at his request, and when Mr. Turner wrote for the others we sent them to him—this is a copy of the invoice-book made by the prisoner—in going over that I saw invoices of nearly all the amounts in it except those that are crossed in pencil, that indicates that the invoice is not there—with those exceptions, all the invoices were given up—the bankrupt never had a paper from our office after they came there—not one of them is in our office at the present time.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-32" type="witnessName">
<interp inst="t18700131-name-32" type="gender" value="male"/>
<interp inst="t18700131-name-32" type="surname" value="HUMPHREYS"/>
<interp inst="t18700131-name-32" type="given" value="WILLIAM"/>WILLIAM HUMPHREYS</persName> </hi>. I am a messenger's assistant—I was put in pos-session of the bankrupt's property, in the Hackney Hoad, by Mr. Stubbs, about 7th or 8th September—I held possession up to the time of the tale—I know Mr. Davis—I saw him at 99, Hackney Road, while I was in possession there—Feldman remained at his place of business while I was in possession—Davis called to see him some five or six times, perhaps, during the earlier part of that time—I have seen him in conversation with Feldman in the back part of the shop.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Did other people call?
<hi rend="italic">A.</hi> Yes; not very many—they also conversed with Feldman in the back part of the shop.</p>
<xptr type="pageFacsimile" doc="187001310014"/>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-33" type="witnessName">
<interp inst="t18700131-name-33" type="gender" value="male"/>
<interp inst="t18700131-name-33" type="surname" value="CHASE"/>
<interp inst="t18700131-name-33" type="given" value="THOMAS HAYTER"/>THOMAS HAYTER CHASE</persName> </hi>. I am a retired police-constable, and was em-ployed by the assignees to serve summonses for attendance at the Bank-ruptcy Court, on 10th November—among others, I summoned Feldman and Davis—I saw them in attendance on that day in the Bankruptcy Court—that was the same day that Stargardter and other witnesses were examined—they were in attendance until after those witnesses had been examined—at the end of their examination I was instructed to assist the officers in arrest
<lb/>ing them—a warrant was obtained—I endeavoured to find them, but could not—I had seen them at the Bankruptcy Court half-an-hour or an hour before—I went to Feldman's house that night, and watched some time, and could not find him, or Davis either—I have never seen Davis since—Feldman surrendered on the Wednesday following, and was represented by Mr. Lewis—before that Davis had been represented by Mr. Payne—a reward was offered for his apprehension.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-34" type="witnessName">
<interp inst="t18700131-name-34" type="gender" value="male"/>
<interp inst="t18700131-name-34" type="surname" value="BULL"/>
<interp inst="t18700131-name-34" type="given" value="JOHN MARK"/>JOHN MARK BULL</persName> </hi> (
<hi rend="italic">City Detective Sergeant</hi>). I held a warrant for the arrest of Feldman and Davis—Feldman surrendered—I have used every exer
<lb/>tion to find Davis, but he has absconded from the country—I looked for Feldman after the warrant was issued, but could not find him—I searched his house. (
<hi rend="italic">The</hi> London Gazette,
<hi rend="italic">advertising the adjudication, was here put in.</hi>)</p>
<p>
<hi rend="italic">The following witnesses were examined for the Defence:</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-35" type="witnessName">
<interp inst="t18700131-name-35" type="gender" value="male"/>
<interp inst="t18700131-name-35" type="surname" value="WARD"/>
<interp inst="t18700131-name-35" type="given" value="WILLIAM"/>WILLIAM WARD</persName> </hi>. I was in the prisoner's employment as carman, from 1860 down to his failure—I am not in his employ now—I am employed by Mr. Jacobs, of Great Cambridge Street, Hackney Road—the prisoner had a small four-wheeled pony van—I never had on it, myself, more than between 5 and 6 cwt.; that was as much as it would bear—it would hold from 5 to 10 cwt—I used to drive it with the pony—whenever I took out goods I always took an invoice and delivery note—I know Mr. Davis, of Hackney Road—I have taken goods to his place—I did not, on any day in June last, take goods there, to the value of 300
<hi rend="italic">l</hi>.—I did not, at the end of June, take large quantities of goods to his place; I took very small quan
<lb/>tities of goods in June—I took none that required me to put up a board on the van—I used to go to dinner between 1 and 2 o'clock—I recollect on the afternoon of 29th June going out with Mr. Lesser, Mr. Feldman'a clerk, between 2 and 2.30—went that day to Spice & Hawley's, in the City, and to Mr. Hoffmael's, a shipping agent, in Old Broad Street—I have not taken out goods in a truck for the last seven or eight years—I have a slight recollection of a hoarding being up at Davis's—I recollect the 29th June—I have a great recollection of the 28th—I was out on all that day—I never took any goods to Davis on that day—Mr. Feldman had his name on a card at the side of the van—the van is here—I was storekeeper as well as carman.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Have you been so for the last ten or eleven years?
<hi rend="italic">A.</hi> I was up to very lately, and I have been out as traveller, to take orders—I was with Mr. Feldman when he failed before—I can't tell exactly what year that was in—I can't say how long the business was suspended at that time—I used to pack the orders and take them out, the same as I do now—I don't know what he paid in the pound, he never told me—I can't tell what stock there was on the premises at that time—it is so many years ago, and I was very young—I got my present situation at Mr. Jacobs', immediately after I left the prisoner; he knew that I was there—I have been back to his place several times to assist him, two or</p>
<xptr type="pageFacsimile" doc="187001310015"/>
<p>three times a week—he knew where to find me—I was served with a sum
<lb/>mons, by the assignees, to attend the Bankruptcy Court on 29th October, but I did not get paid for it—I don't know that they had been looking for me, from August up to that time; they had plenty of opportunity to catch me—I told the officer who served the summons, that it was no more than I expected—I might have said, "Caught at last"—I had not been playing hide and seek; I did not know that the bankrupt had stated that he did not know where I was—I took some goods to Davis's place in June, in the van, with one blind pony, about 14 or 15 hands high—I frequently went to Davis's with a note or a letter—I can't say how often I went with the van—I should not think it was three or four times a week—I always took a delivery note and an invoice, and they signed a receipt, which I brought back—I generally saw them filed, but sometimes, when in a hurry, I have put them on the desk; the delivery notes were not in a book, merely pieces of square paper—I believe I delivered the goods at the side door, when I did take them—that is the door opening into the back yard—on one or two occasions, when I had a small parcel, I took them in at the front door, because I did not like to leave the van, in case things might be stolen out of it—Shea, Mr. Davis's foreman, generally received them from me.</p>
<p>
<hi rend="smallCaps">MR. LEWIS</hi>.
<hi rend="italic">Q.</hi> You were caught on 29th October, you say?
<hi rend="italic">A.</hi> I was served with a summons on the 29th, in a coffee-shop—I was in Mr. Jacobs' employment, as carman—I have never been examined by the assignees.</p>
<p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> Were the delivery-notes in counterfoil, and printed?
<hi rend="italic">A.</hi> They were all printed, and on separate slips of paper, with Mr. Feldman's name at the head—they were not bound in a book with counterfoils.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-36" type="witnessName">
<interp inst="t18700131-name-36" type="gender" value="male"/>
<interp inst="t18700131-name-36" type="surname" value="HARRISON"/>
<interp inst="t18700131-name-36" type="given" value="WILLIAM"/>WILLIAM HARRISON</persName> </hi>. I was a workman in Mr. Feldman's employment for eighteen months prior to August last—I am not in employ now—it was my duty to weigh all rough goods coming in or going out of Mr. Feldman's warehouse—I also assisted in loading the van—I had nothing to do with giving the delivery-notes—I weighed the goods, and used to put it down on a piece of paper, and take it in to our clerk and see it booked—it is not true that at the end of June last I loaded the van very largely with kid and patent calf, or Australian sides—I weighed all rough goods coming in and going out—I never assisted in loading such goods in June; they never went out.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> What did they call you?
<hi rend="italic">A.</hi> was operator on the black sole sewing machine; but I did not have full work at that, and I used to nil up my time at the rough cutting department, and weighing in and out rough goods—I pretty well had the command of the back premises—I call Australian sides, and English and foreign bellies, rough goods—I used to weigh them and load them from the back—rough goods never went from the back premises to the front; they went from the back premises into the van—I never made it my business to keep entries of the goods that went out; I took them in to the clerk, and he booked them—I don't know whether considerable quantities of calf kid came in in June, because calf kid used to come in at the front—that is not rough goods—I believe no Australian goods came in in June at all—about April we might have had a small quantity, not a particularly large quantity; we never had a great deal in at a time—we could use as many Australian sides as we could get of them for ourselves—we sent out very few indeed; the most we should send out would be from 4 cwt. to 6 cwt. at a time—we used to send them to different places—I had the weighing of them out—I don't remem
<lb/>ber</p>
<xptr type="pageFacsimile" doc="187001310016"/>
<p>sending any out in June—large quantities of goods did not come in in June; I swear that—I did not see any goods come in in June; I can swear that; I do swear it—I did not see any come into the back warehouse in June; they did not come under my eye—I can answer for the back pre
<lb/>mises—I can't see what comes in in front, or goes out.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-37" type="witnessName">
<interp inst="t18700131-name-37" type="gender" value="male"/>
<interp inst="t18700131-name-37" type="surname" value="SULLIVAN"/>
<interp inst="t18700131-name-37" type="given" value="JOHN"/>JOHN SULLIVAN</persName> </hi>. I live at Buxton Street, Mile End—I was shopman to Mr. Feldman for three years and a half, before August last—about the middle of May I was foreman—goods going out generally came under my notice—it is not true, to my knowledge, that, at the end of June, large quantities of goods went out to Mr. Davis, of the Hackney Road—if they had gone, I should have known it; from the quantity, we should have missed them—our hours of business were from 8 o'clock in the morning to 8.30 in the evening—I went to dinner about 2 o'clock, and returned about 2.30 or 2.45—these lists produced contain the retail selling prices.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-38" type="witnessName">
<interp inst="t18700131-name-38" type="gender" value="male"/>
<interp inst="t18700131-name-38" type="surname" value="JOHNSON"/>
<interp inst="t18700131-name-38" type="given" value="SAMUEL"/>SAMUEL JOHNSON</persName> </hi> (
<hi rend="italic">re-examined</hi>). I put against each lot the price it which it sold—I don't know the cost price—I should not know that without examining them—I did not value them—it is part of my business to know generally the cost price of each article—in my opinion the sale realized within 10 per cent, of its actual market value, wholesale—I did not lot the goods myself—I saw them at the time I sold them, and I also noticed them during the process of lotting.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-39" type="witnessName">
<interp inst="t18700131-name-39" type="gender" value="male"/>
<interp inst="t18700131-name-39" type="surname" value="SULLIVAN"/>
<interp inst="t18700131-name-39" type="given" value="JOHN"/>JOHN SULLIVAN</persName> </hi> (
<hi rend="italic">re-examined</hi>). I don't know what the cost prices were, only the price at which I sold over the counter—Mr. Feldman bought a great many job lots; they would be bought less than in the ordinary way.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> When did you leave Mr. Feldman?
<hi rend="italic">A.</hi> In Sep
<lb/>tember last—between August and September I was laid up with bronchitis—I left about a fortnight before the place was closed—I was there in June—I took in and gave out work, and had access to all parts of the premises, back and front—large quantities of goods did not come in in June, to my knowledge—none came in, that I am aware of—I can't say, because I was engaged all over the premises—goods might have come in—I am not aware of anything like 2000
<hi rend="italic">l</hi>. worth of goods coming in in June—I can't answer that question.</p>
<p>
<hi rend="smallCaps">MR. LEWIS</hi>.
<hi rend="italic">Q.</hi> How used goods to come in, in large parcels?
<hi rend="italic">A.</hi> Yes—they were opened and counted—goods used to come in from day to day—we never had 2000
<hi rend="italic">l</hi>. worth come in at a time.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-40" type="witnessName">
<interp inst="t18700131-name-40" type="gender" value="male"/>
<interp inst="t18700131-name-40" type="surname" value="LESSER"/>
<interp inst="t18700131-name-40" type="given" value="HENRY"/>HENRY LESSER</persName> </hi>. I was clerk to Mr. Feldman prior to September last—it was my duty to book goods and check them before leaving the premises—I recollect the month of June last (
<hi rend="italic">referring to the day-book</hi>)—nothing went out to Davis's on the 28th—there was a small parcel on the 29th, value 17
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>.; a parcel on the 30th, value 15
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>., consisting of lining and patent calf, and that would be about three arm fulls in size, and about a 1/2 cwt. in weight—I always gave invoices and receipt notes for goods that had not been paid for—sometimes we might have a customer come in and pay for them over the counter, and then an apprentice generally took them home, or now and then the carman might take them in the van—when it was a credit transaction I always gave an invoice and a receipt note which was to be brought back by the carman to show that he had delivered—those that I have enumerated were all the parcels that I booked to go to Davis's on those three days—I see the entry on the 30th is in Mr. Feldman's writing, the other is mine—I recollect the 29th June—I was out with Ward, the carman, that day; not in the early part—we went to Messrs.</p>
<xptr type="pageFacsimile" doc="187001310017"/>
<p>S. C. Hoffmael & Co., in New Broad Street, then to Westminster, to two parties named Chapman and Rowe, and then to Messrs. Spice, Hawley & Co., in Jewin Street—I was with Ward that day from about 2 o'clock, directly after the workmen came back from dinner.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> How long were you with Mr. Feldman?
<hi rend="italic">A.</hi> About sixteen months—before that I was a solicitor's clerk in two situations, with Mr. Hall, now of Fenchurch Street, then of Lincoln's Inn Fields, and with Mr. Soarth, of Welbeck Street—Mr. Hall had been Mr. Scarth's manager—I was with him seven or eight months, and with Mr. Scarth about twelve months—before that I was with Solomon & Co., wholesale clothiers—I am travelling now—I generally went out with Ward when I wanted to go to certain customers—Mr. Davis was not one of those—I have been there, but I don't remember ever taking any goods there—Davis often came to our place; about as frequently as any other customer, I can't say: it might have been two or three times a week, sometimes less—Feldman did not go to his place as frequently—I remember Davis coming and looking over some goods on 30th June—that must have been before 2 o'clock—I can't say how long before—it would not have been about 11 o'clock—he saw some new brands of patent calf, and asked me the price of them; he said he had never seen them before—he did not come on the previous day, to my recollection, nor on the 28th—I can't say whether he was there on the 27th—I don't know where Mr. Feldman was on the 28th, whether he went to Davis's or not on that day—I can't tell—I was clerk and traveller—I have not described myself here as manager—I did on another occasion—I made a mistake, I mistook the word—at times I overlooked the taking in of the work and always paid the work people, so I thought that would consist of about the same thing—I generally managed the business when at home—I believe I did describe myself as manager; that was in the proof I made against the estate—I have not withdrawn my claim—I did not endorse any bills or cheques for Mr. Feldman—when customers' bills were dishonoured, cheques were sometimes made out, and I used to take them up, and Mr. Feldman would put in my name or any name that came into his head—he might have put his own, sometimes—if I had the invoices here I could tell you what goods came in in June; I can't tell without—there is a small book here I could tell you by—I know that goods did come in in June, and I could tell you the amount to a penny if you give me the book—I know the invoices were on the premises at the time Mr. Feldman was bankrupt, and they have been withheld—this book (
<hi rend="italic">referring to it</hi>) is in my hand
<lb/>writing—it was made up as an easy way of telling what was purchased in one month, without making any further casting—I began this book about the end of July, 1868, and continued it up to August, 1869—the invoices them
<lb/>selves, of which this is an abstract, were all filed in the usual manner—I believe the delivery notes were also filed—I saw them brought here only half-an-hour ago in a large basket (
<hi rend="italic">a number were here produced</hi>)—here are some in June, 1869, of goods to Davis (
<hi rend="italic">the witness selected some and handed in, but they did not relate to Davis</hi>)—about 2000
<hi rend="italic">l</hi>. worth of goods came in in June—they went into the general manufacture and general sales; some were made into boots and shoes, and some sold unmanufactured—we did a large trade that way—I don't think the trade was particularly increased during the three months before the stoppage—taking them altogether, the purchases and sales were on a par; perhaps one month we might have bought more and sold less, and another month bought less and sold</p>
<xptr type="pageFacsimile" doc="187001310018"/>
<p>more—I will not swear that the purchases were or were not three times so large during the last three months to what they were before; I can't swear either way—I came up to the Court of Bankruptcy repeatedly while the examination was going on, and I believe I was twice at the Police Court; but was not called—I was never with David at the Bankruptcy Court—I don't believe I spoke to him there; I never saw him there; I don't believe I did—I may have seen him; but I never spoke to him—I do remember seeing him, now I come to recollect it—I think in September—I did not go across and have some refreshment with him; I have with Feldman, many times—I don't believe I went with Davis and Feldman—I did not go frequently to Feldman's place after the bankruptcy; now and then I may have called there—I was not there continually—perhaps I have not called for a month together—I can't say that I saw Davis there—he may have been there—I attended the sale—I bought some things there, to the amount of about 80
<hi rend="italic">l</hi>., for myself—it was my own money—I paid with notes and gold—I can't say how many notes—I don't know whether they were tens or fifties—I believe I wanted change of a 100
<hi rend="italic">l</hi>., and Mr. Johnson could not give it me, now I come to recollect, and I got it elsewhere—the 100
<hi rend="italic">l</hi>. note was my own savings—I kept it at home—I had not had it long; I almost forget where I got it; let me see! I believe it was from Mr. Wolff, I fancy he gave it to me—he is the prisoner's father-in-law—he gave it me about two or three days before—I said I wanted some, and he lent me some, too—it was my own money—I believe it was about 5
<hi rend="italic">l</hi>. he lent me—I wanted a large note, a 50
<hi rend="italic">l</hi>. note, because I had some smaller ones, and he did not have it, only this 100
<hi rend="italic">l</hi>. note—I did not care about carrying many notes about with me—this was not to go to the sale with—it was after the sale—I will swear I had it from Wolff—I did not have it from Nicholl—I believe I got it the day after the sale—I paid a deposit of 2
<hi rend="italic">l</hi>. or 3
<hi rend="italic">l</hi>. at the sale, and the remainder a day or two after—I can't say why small notes would not have done as well—it may have been a fancy to get a large one, nothing further—I will swear I did not receive it from the prisoner—Mr. Nicholl was a customer of his—I don't know about his being a friend—I have seen them together constantly, since the bankruptcy—he is one of his bail—he did not send a cheque to the bank and get that 100
<hi rend="italic">l</hi>. note and give to the prisoner, nor did the prisoner give it to me; I swear that—I can't answer for Mr. Nicholl's act—I did not see him send a cheque to the bank—I swear that Wolff gave me the note—I can't swear that it was in the prisoner's presence; he may have been there—it was not at the prisoner's place; it was at 12, Camomile Street, Wolff's place—the prisoner did not go with me to Wolff's—I bought the 80
<hi rend="italic">l</hi>. worth of goods because I knew what they cost, and if they went under cost I knew where to sell them—I sold part of them—I took some away and left some at the pre
<lb/>mises, 99, Hackney Road, where the sale took place—there is a small portion there now that I cannot sell.</p>
<p>
<hi rend="smallCaps">MR. LEWIS</hi>.
<hi rend="italic">Q.</hi> Did you buy cheap at the sale?
<hi rend="italic">A.</hi> I did.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-41" type="witnessName">
<interp inst="t18700131-name-41" type="gender" value="male"/>
<interp inst="t18700131-name-41" type="surname" value="SHEA"/>
<interp inst="t18700131-name-41" type="given" value="JOHN"/>JOHN SHEA</persName> </hi>. I was foreman to Mr. Davis, of Hackney Road—I was four years in his employment—I saw all the goods that came in; it was my duty to check them with the invoices—after checking them, I put the invoices on the file—it is not true that, at the latter end of June, large quantities of goods were delivered from Feldman's, at Davis's—they could not have been delivered without my knowing it—his warehouse would not hold one-third of goods to the value of 700
<hi rend="italic">l</hi>. or 800
<hi rend="italic">l</hi>., apart from his general stock—there</p>
<xptr type="pageFacsimile" doc="187001310019"/>
<p>was a hoarding put up about three years ago; the Stargardters, next door, knocked it down bit by bit; another was put up about four or five months ago—I went to the premises at 8 o'clock in the morning, and stayed till 7 o'clock at night, and never went out to my meals—I am now in the employment of Mr. Davis's brother, at No. 8, not the same house—goods were delivered at the side door.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> His brother is carrying it on, is he?
<hi rend="italic">A.</hi> He has a power-of-attorney—I can't say where Davis is, I don't know—he has a wife and child—they live there still—I have not seen him lately, not since about 10th November—his books remain on the premises—there is not a large stock of goods; it was sold off, I believe, a week ago to-morrow—I don't know what they realised—I can't say the amount of stock there was to 100
<hi rend="italic">l</hi>.—there was no calf kid—that will not go into a very small compass—we should not have had room for 700
<hi rend="italic">l</hi>. or 800
<hi rend="italic">l</hi>. worth in the warehouse; you might put them all over the place—there is a good large yard, but you could not put good skins there—there were scales kept in the yard, at the lide door—I have nothing to do with the weighing, Lyons did that; the rough stuff welter he always weighed—I never saw a parcel come in at the front door—I had strict orders against it—Ward never delivered any parcels of goods to me from the van at the front door—they always came to the tide door, except they came by Parcels Delivery Company or omnibus, then they might be taken in at the front—there were seven men employed besides myself and the boy—I did not take the goods to the sale room when the stock was sold, the carman did—I don't know his name, it was not Davis's carman—I had nothing to do with loading them; I took an account of them before they were loaded and gave it to Mr. S. Davis, but I did not go through the amount to see what it was; they went to Mr. Levy's sale rooms—there were three loads, two of goods and one of cutting machinery—the sales had been stopped somewhere about Christmas—I believe the sale was by private contract; they sold the goods for so much to one person, I believe—they were taken to a sale room, and Mr. Levy sold them.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-42" type="witnessName">
<interp inst="t18700131-name-42" type="gender" value="male"/>
<interp inst="t18700131-name-42" type="surname" value="YERVIL"/>
<interp inst="t18700131-name-42" type="given" value="JOSEPH"/>JOSEPH YERVIL</persName> </hi>. I was in Davis's employment—I went there in the Easter week of 1868—I recollect June last—goods to a large amount were not delivered at Davis's from Feldman's—the large parcels of goods were received at the back entrance; never in the front—such a large quantity of goods as have been mentioned could not have been delivered without my seeing them, because they always came through the rooms where we were employed at work—I was what they call a clicker.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> What room do you speak of where you work?
<hi rend="italic">A.</hi> The back room ground floor, looking into the yard—I could see into the yard from where I worked—all the material would come through our rooms into the front warehouse, in the shape of skins and such like—I should see them if they came in the front way, because I could see through the parlour door—they are folding doors, and you can see through into the front ware-house—I never saw goods come in the front way while I was there—I saw no goods come in during June—I did not see Feldman's van there, either at the back or front—I was so placed that I could see it—I saw goods come in, but I was not supposed to know where they came from, it was not my duty to know.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-43" type="witnessName">
<interp inst="t18700131-name-43" type="gender" value="male"/>
<interp inst="t18700131-name-43" type="surname" value="LYONS"/>
<interp inst="t18700131-name-43" type="given" value="JOSHUA"/>JOSHUA LYONS</persName> </hi>. I was in Davis's employment for about a year and a half—my hours were from 8 in the morning till 7, with an hour for dinner—it was my duty, when goods were received, to weigh them—I recollect the</p>
<xptr type="pageFacsimile" doc="187001310020"/>
<p>month of June last—it is not true that large quantities of goods were delivered to Davis by Feldman's van—there were a few small parcels, I believe—after I had weighed the goods, I used to sign the bill that was sent in, not always—I mean a receipt note—the scales were kept in the yard, at the back of the house—goods were always brought in at the back—I never saw them come in at the front—my ordinary place, when not weighing goods, was in the workshop—the scales were hung at the side of the work-shop—nobody could have weighed goods without my seeing them—it was the duty of no one but myself to weigh them.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Goods did come in in June, did not they?
<hi rend="italic">A.</hi> Very few, I believe—about twenty odd pounds worth, I should say—Davis always used to have a quantity of goods in the place—he had twenty odd pounds worth of this person's, and some of that—machines were going—there were a quantity of persons that he had goods of—I can't say the amount he had in June, whether it was 200
<hi rend="italic">l</hi>. or 300
<hi rend="italic">l</hi>.—what did come, came in through the back yard—when they were weighed they were passed in to the underneath cellars, and the workshop—there were cellars down stairs, and the kitchen—you got to them through the yard and into the passage—I took a memo-randum of the weight when I weighed them, and I used to write it on the wall with a piece of chalk, and rub it out after I found it was correct—I did not make any entry of it—the invoice showed the weight, and if that stated the weight correctly, that was sufficient—I took the invoice up to the foreman, Shea.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-44" type="witnessName">
<interp inst="t18700131-name-44" type="gender" value="male"/>
<interp inst="t18700131-name-44" type="surname" value="PHILLIPS"/>
<interp inst="t18700131-name-44" type="given" value="ABRAHAM"/>ABRAHAM PHILLIPS</persName> </hi>. I am sixteen years old, and was an apprentice to Davis—I never took in any goods—I used to be principally in the ware-house, but I was in different parts of the shop; sometimes I was in the back shop, but principally in the front—I always opened the front door during business hours—no large parcels of goods came from Feldman to Davis, to the front door, in June—I never took in goods at the front door—I never assisted in taking in any goods from Feldman that month, unless they were small parcels—the van never came to the front door.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Are you sure of that?
<hi rend="italic">A.</hi> Yes—all the vans backed down to the side—I don't remember Feldman's van coming in June—I have seen it there two or three times—it may have been in June; I can't swear that—Ward always came with it, and he always drove to the side door—it was not very full; pretty full—it was unloaded at the side door, and the goods were weighed there.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-45" type="witnessName">
<interp inst="t18700131-name-45" type="gender" value="male"/>
<interp inst="t18700131-name-45" type="surname" value="VAUGHAN"/>
<interp inst="t18700131-name-45" type="given" value="RICHARD WILLIAM"/>RICHARD WILLIAM VAUGHAN</persName> </hi>. I was in Davis's service for a year and eight months—my hours were from 8 o'clock till 7—all goods coming into the warehouse would have to pass us—they were always delivered at the back door—I never knew large parcels delivered at the front—the scales were kept in the back yard—all goods that were received were weighed—I did not see large quantities of goods received from Feldman's in June—if there had been goods to the extent of several hundreds of pounds, I must have seen them—Davis's warehouse would not have held such a quantity—he had a regular stock of his own.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Were you in the same room with Yervil?
<hi rend="italic">A.</hi> Yes—there were three clickers in the same room—only about the usual quan
<lb/>tity of goods came that we always had for immediate use—there were a pretty goodish many persons employed on the premises—there were four or five rivetters, altogether: perhaps eleven or twelve persons—the machinists worked off the premises—there was a pretty good business done—a con
<lb/>siderable</p>
<xptr type="pageFacsimile" doc="187001310021"/>
<p>quantity of goods came in for immediate use; not such large quantities—we had things in pretty well every week, for immediate use—I could not see the van from where I sat.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-46" type="witnessName">
<interp inst="t18700131-name-46" type="gender" value="male"/>
<interp inst="t18700131-name-46" type="surname" value="HAWKINS"/>
<interp inst="t18700131-name-46" type="given" value="CHARLES WILLIAM"/>CHARLES WILLIAM HAWKINS</persName> </hi>. I worked, as a rivetter, for Mr. Davis—I saw the greatest portion of the Australian sides and leather that came in the back way—I assisted in unloading them—I did not see large quantities of goods delivered, from Feldman's, at Davis's, in June last—I should have seen them if they had come—I never saw any leather come, only what we term "six-pennyworth" of leather at a time; that is, a few hides.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Did you work in the same room as the clickers?
<hi rend="italic">A.</hi> No, I worked in the back shop, with the rough stuff cutters—I could see the side door from there, as I sat at work—I did not see Feldman's van come at all in June, neither to the front nor side door—I have never seen it there, and I never saw Feldman at all—there were no large quantities of goods delivered in June at all.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-47" type="witnessName">
<interp inst="t18700131-name-47" type="gender" value="male"/>
<interp inst="t18700131-name-47" type="surname" value="LEIGHTON"/>
<interp inst="t18700131-name-47" type="given" value="JAMES"/>JAMES LEIGHTON</persName> </hi>. I was in Mr. Feldman's employment, as foreman of the clickers—no large quantities of goods went out from Feldman's to Davis's, in June last, to my knowledge; I never saw them—I was down stairs nine or ten times in the course of the day—it was not my ordinary duty to be otherwise than in the clicking room.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> You were generally up stairs, then?
<hi rend="italic">A.</hi> Yes—I came down occasionally—there was a shopman of the name of Hyam; he was at the counter—he would see what goods went in and out—I don't know where Hyam is—I have not seen him since he left the premises.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-48" type="witnessName">
<interp inst="t18700131-name-48" type="gender" value="female"/>
<interp inst="t18700131-name-48" type="surname" value="MARRABONES"/>
<interp inst="t18700131-name-48" type="given" value="ELIZABETH"/>ELIZABETH MARRABONES</persName> </hi>. My maiden name was Swift—I was in Mr. Davis's service before I was married, as a general servant—I could see goods that came in—I never saw large quantities come in in June last—goods were generally delivered at the yard, at the back entrance—vans never stopped to deliver goods at the front while I was there; that was seven months and a fortnight.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-49" type="witnessName">
<interp inst="t18700131-name-49" type="gender" value="male"/>
<interp inst="t18700131-name-49" type="surname" value="YEOWELL"/>
<interp inst="t18700131-name-49" type="given" value="WILLIAM JAMES"/>WILLIAM JAMES YEOWELL</persName> </hi>. I was a clicker in Davis's service for seven years, up to a fortnight after Christmas—I worked in the back room—I could see a portion of the back yard from there—I could see all goods delivered—I remember June last—I saw goods delivered in that month; various quantities; not considerable quantities—we never had vast quanti
<lb/>ties in at a time; 5 cwt or 6 cwt., sometimes more—Australian sides, kid and calf in some quantities, cropped bellies, and things of that kind.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Were you in the same room with Yervil and Vaughan?
<hi rend="italic">A.</hi> Yes—I could see the things delivered, through the door, but I could not see the van—I could see the things delivered from the van, and see them weighed in the scales.</p>
<p>
<hi rend="smallCaps">
<rs id="t18700131-190-verdict-1" type="verdictDescription">
<interp inst="t18700131-190-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18700131-190-verdict-1" type="verdictSubcategory" value="withRecommendation"/>GUILTY Recommended to mercy on account of his connection with Davis—</rs> </hi>.—
<hi rend="italic">
<rs id="t18700131-190-punishment-1" type="punishmentDescription">
<interp inst="t18700131-190-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t18700131-190-punishment-1" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-190-18700131 t18700131-190-punishment-1"/>Eighteen Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18700131-191">
<interp inst="t18700131-191" type="uri" value="sessionsPapers/18700131"/>
<interp inst="t18700131-191" type="date" value="18700131"/>
<join result="criminalCharge" id="t18700131-191-charge-1" targOrder="Y" targets="def1-191-18700131 t18700131-191-offence-1 t18700131-191-verdict-1"/>
<p>191.
<persName id="def1-191-18700131" type="defendantName">
<interp inst="def1-191-18700131" type="gender" value="male"/>
<interp inst="def1-191-18700131" type="age" value="31"/>
<interp inst="def1-191-18700131" type="surname" value="RUST"/>
<interp inst="def1-191-18700131" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN RUST</hi> (31)</persName>
<rs id="t18700131-191-offence-1" type="offenceDescription">
<interp inst="t18700131-191-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18700131-191-offence-1" type="offenceSubcategory" value="embezzlement"/>, Embezzling and stealing an order for the pay
<lb/>ment of 6
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>., which he had received on account of
<persName id="t18700131-name-51" type="victimName">
<interp inst="t18700131-name-51" type="gender" value="male"/>
<interp inst="t18700131-name-51" type="surname" value="SMITH"/>
<interp inst="t18700131-name-51" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18700131-191-offence-1 t18700131-name-51"/>William Smith</persName>, his master.</rs> </p>
<p>
<hi rend="smallCaps">MR. BESLEY</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. WARNER SLEIGH</hi>
<hi rend="italic">the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-52" type="witnessName">
<interp inst="t18700131-name-52" type="gender" value="male"/>
<interp inst="t18700131-name-52" type="surname" value="ANDREWS"/>
<interp inst="t18700131-name-52" type="given" value="HENRY"/>HENRY ANDREWS</persName> </hi>. I am clerk to England & Co., engineers, New Cross Road—our firm advertise their locomotive engines in the
<hi rend="italic">Artisan</hi> paper—this account came to us from the
<hi rend="italic">Artizan,</hi> for 4th September—I sent this cheque for 6
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. in this letter; it is drawn on the London and Westminster</p>
<xptr type="pageFacsimile" doc="187001310022"/>
<p>Bank, to the order of William Smith, and has come back through the Bank as paid—I afterwards received this receipt for the amount—I don't know the handwriting.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Have you ever been at Mr. Smith's office?
<hi rend="italic">A.</hi> No; the receipt is dated 4th September, the day on which the cheque was for-warded, and is signed J. M. Rust.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-53" type="witnessName">
<interp inst="t18700131-name-53" type="gender" value="male"/>
<interp inst="t18700131-name-53" type="surname" value="SMITH"/>
<interp inst="t18700131-name-53" type="given" value="WILLIAM"/>WILLIAM SMITH</persName> </hi>. I am a civil engineer—I was carrying on two magazines, the
<hi rend="italic">Artizan,</hi> and the
<hi rend="italic">Freemasons' Magazine,</hi> at 19, Salisbury Street—the prisoner was in my service about four and a half years—his wages, latterly, were 31
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., I believe—I have been engaged in a good many joint
<lb/>stock companies—on 13th August last I was arrested and put into Whitecross Street—whilst I was there the prisoner came to me, almost daily—his duties then were the same as they always were—he was publishing clerk in the office of the
<hi rend="italic">Artizan</hi> and
<hi rend="italic">Freemason's Magazine</hi>—it was his duty to receive money when tendered at the office, receive all letters and hand them over to me, and if I was absent, to my wife—with reference to cheques drawn to order, it was his duty to hand them to me, or, if I was absent, to Mrs. Smith, to be endorsed; that is, if they came open—he had no business to open a letter—he certainly had no right to endorse my name on cheques; they should have been handed to me in the same state he received them—I was in Whitecross Street nearly three weeks, that would include the week ending on 4th September—this sheet, headed "Statement for the week, ending 4th September, 1869," is the prisoner's writing; it includes sums received and disbursed—the disbursements appear as 13
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>., and this is a receipt given by him to my wife for that amount—I discharged him on 7th October—I did not know at that time, nor for a considerable time after-wards, that Messrs. England bad sent the cheque for 6
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>.—the first I knew of it was by a letter from them, in reply to an application for payment—that was about a fortnight before the prisoner was arrested—the endorse
<lb/>ment on the cheque is in the prisoner's writing; he had no authority to make it—he has not entered the amount in the cash-book, but it is in the ledger, under the head of 1st July—it should have passed this, the cash-book, in order to get into the ledger—this is the letter-book—it was kept by the prisoner—there is no entry of the receipt of Messrs. England's letter enclosing the cheque.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Were you a bankrupt in 1850?
<hi rend="italic">A.</hi> I was; it was in connection with some partnership proceedings; it was not on my own petition—I swore last August, when I was being examined about the state of my affairs, that I had no books, and I still say so—I have, before this, charged a person in my employ with forgery and embezzlement; he was acquitted—Mr. Lewis interceded for him, and it was upon that I consented not to press the charge; Mr. Payne read him a lecture, and told him he had a very narrow escape, and had to thank me for it—he was acquitted after the evidence had been given.</p>
<p>
<hi rend="italic">Q.</hi> Did you ever get a lad of fifteen to sign names on fictitious bills of exchange that you sent into the market to raise money upon?
<hi rend="italic">A.</hi> Never, that I know of; I could not do such a thing and forget it—I never did such a thing; that I swear (
<hi rend="italic">a person named Deacon was called in</hi>)—I see that young man—at this distance of time I don't know whether ha was ever in my employment; there was a person named Deacon, but I don't recognize him; it is some years ago; he left me in 1861, probably—I think he was then about sixteen or seventeen—he never accepted an accommodation bill</p>
<xptr type="pageFacsimile" doc="187001310023"/>
<p>for me, by my authority, in the name of George Duncan, engineer, Liver
<lb/>pool—I have no recollection of the name of Duncan—he may have accepted such a hill, but I never authorized him; he certainly did not do so by my inducement or authority—I did tell him to accept a bill in the name of C. J. Taylor, engineer, Glasgow—they were not fictitious bills; I had an authority to have bills accepted—he did not accept another bill in the name of Taylor with a different initial; the bill was payable at 5, Adam Street, Adelphi—I don't remember going to Deacon's house after he left me; I certainly did not go there in a cab, and take him to my place, and want him to sign a paper to the effect that he had never signed bills for me—I swear that—he was asked as to certain bills of Taylor's, and if he ever signed any other bills, and he said "No"—I think that was at Messrs. Bambra & Some-body's office—I am a bankrupt to the amount of nearly 10,000
<hi rend="italic">l</hi>.—a propo
<lb/>sition has been made to pay 10
<hi rend="italic">d</hi>. in the pound—I am opposed by the gentle-man who instructs you—I have not got to come up for a further examina
<lb/>tion, that I am aware of—I am an Associate Member of the Society of Civil Engineers, and have been so fifteen years—there was a company carry
<lb/>ing on business in Salisbury Street, called the National Cotton Cultivation Company of Greece Limited; it is not carried on now—the name is not up against my door, that I am aware of—the name was painted out some time ago—I was engineer to the company, not one of the directors, as far as I remember; it is seven or eight years ago—to the best of my belief I was not a director—I should fancy there were seven or more directors, according to the Act of Parliament—I can't, at this moment, recollect any of their names—I attended some six or seven of their meetings—I did not promote the company—I was interested in its operations—there is another company that has its name up at my door, "The Public Works and Credit Company of Italy; "I am the engineer of that; it is the engineer's office; I don't know where their offices are—there has been no business done for some time past, like a great many other companies—the "Agricultural and General Machinery Agency Company Limited," has its name up on my door—I don't remember the day the prisoner was arrested, we had a difficulty in finding him, and I went with the detective sergeant to point him out—I did not go to his rooms and carry away all his papers; the sergeant did—I know that there were some letters from my agent at Glasgow, addressed to the prisoner's private house; also some other letters announcing the payment of money on account of the Freemasons' Bank, in which he acknowledges to taking money—I do not know whether he is indicted for that; I am not a lawyer—I appeared against him at Bow Street, and I acted under advice—I have no doubt that forging the cheque was one of the forms the charge took at Bow Street—whether it was embezzlement or forgery he is being tried for, I do not know—I do not know that a witness who was called at Bow Street is not to be called to-day—I do not know the name which was struck out—I heard Mr. Rogers examined at Bow Street—the prisoner was taken in custody on a Saturday night, or 12.30 or 1.0 on Sunday morning; he did not come home till that time—I knew of this cheque being paid some time in the middle of November, a fortnight, or it may be three weeks, before he was taken in custody—I will not swear it was not five weeks; you have the means of ascertaining very much better than myself—the gentleman who instructs you drew an affidavit, and it was sworn to by Mr. Rust; I heard it read out, and it was full of untruths—I did not go to Mr. Rogers on 30th October, and ask him about this</p>
<xptr type="pageFacsimile" doc="187001310024"/>
<p>cheque, or at any other time—he called at my house, I think, about 13th November, and apologised, and explained the circumstances under which he gave the prisoner change for the cheque—there were two reasons why he was not taken in custody before; all his friends told me he was sold up at his house, and I did not look for him; but when I ascertained that he was at a public-house, I sent to inform the officer—I never heard of his being employed at the Carbon Oil Company, at Westminster, till afterwards—I gave no instructions that he should be searched for, because I was advised that until the evidence was complete I should not be justified in giving him in custody; but when we found another case of fraud, and that he him falsified the books, I was advised to give him in custody—I never saw or spoke to Rust at the Bankruptcy Court—I have not read the affidavit he signed, but I know it is so full of untruths, because statements have been made by the gentleman instructing you upon the contents of it, which, if they represent the contents, it must be full of untruths—this "National Masonic Calender, Pocket Book, and Diary for 1870," is advertised to be edited and published by me, but it is not published—subscriptions and advertisements have been applied for—I cannot tell how many advertise
<lb/>ments have been ordered to be inserted—it is usually published on 31st December—no advertisements have been paid for, as far as I know—it is the advertising agent's business to receive the advertisements and the money; he has very likely received some, but none has been paid to me—if you see in print, "Post Office order and cheques payable to Henry Her
<lb/>bert Montague," that must be the case, but whether that applies to 1869 or 1870, I cannot tell you—Henry Herbert Montague are my son's Chris
<lb/>tian names—he is nine years old—it is a common plan to use a name—the prisoner had not a right to use money which came into his hands for office purposes, excepting for petty cash—he had no authority to pay wages, unless the money was handed to him for that purpose—he had authority to disburse the moneys he received for petty cash, and stamps for newspapers—I describe him thus: "Post Office orders payable to John Rust, publisher of the
<hi rend="italic">Freemasons' Magazine</hi>"—on 4th September he came to see me in Whitecross Street Prison, on two occasions during the day, in the morning, early, and at nearly 3 o'clock in the afternoon; I told you so before, at the Police Court—he also called a third time, in the evening, but I did not see him—I raised a question about the petty cash, when he called at 3 o'clock—England's payment, in the ledger, is entered on 1st July—I had not given him instructions to enter cheques on different dates to what they were received on—a cheque for 8
<hi rend="italic">l</hi>., from Taylor & Co., of Birkenhead, on 31st August, is entered in the prisoner's writing, on 1st September—I did not tell him to enter it on 31st July, it would be perfectly absurd—this enve
<lb/>lope (
<hi rend="italic">produced</hi>) is not my writing—I see several pencil marks on the back of it—I see no initials on it; I see some on the letter of advice—they are not mine; one is a very good imitation, and the other a very bad one—I never asked Mr. Rogers to attest signatures which he had not seen written; but in the case of a specification for patents, a person will come in and sign, and if it cannot be attested then, he attests it afterwards—the stamps of our newspapers posted vary; here is one account, 1
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>., another, 1
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>.; and another, 2
<hi rend="italic">l</hi>. 0
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>.</p>
<p>
<hi rend="smallCaps">MR. BESLEY</hi>.
<hi rend="italic">Q.</hi> Has any charge of fraud been made against you?
<hi rend="italic">A.</hi> Never, nor against my character; I have always stood very high in the estimation of my friends—I have been utterly ruined by the failure of joint</p>
<xptr type="pageFacsimile" doc="187001310025"/>
<p>stock companies to pay my fair and reasonable charges—that represents a sum of 2000
<hi rend="italic">l</hi>., in sums varying from 1
<hi rend="italic">l</hi>. to 200
<hi rend="italic">l</hi>.—the charge of embezzle-ment was at the Sessions House, Westminster; I think it was thirteen years ago—I really do not know now whether I withdrew—the gentle-man's sister was a public character, and she said that it would be her ruin, he was not punished—I was interceded with by the father, mother, and sister, and by a very eminent Judge who is now on the bench—Mr. Rogers, who was examined at the Police Court, was my representative in my absence, and acted as my amanuensis—as to Taylor, a question arose, through a combination of the persons who I prosecuted, and the allegation was made and followed up by persons who I was connected with, who it was sought to withdraw from me, and so satisfied was I that it was untrue, that I continued to act for the head of the firm till the day of his death—these books are produced at my request—they belong pertly to the
<hi rend="italic">Free-masons' Magazine,</hi> and partly to the
<hi rend="italic">Artisan</hi>—they have nothing to do with my civil engineering at all—these publications are not mine—a great number of publications were found at this man's place, belonging to me, and others were on business, which he had had directed to his own house; and one among them had Mr. Jordan's name on it—after he was discharged, but while he was receiving money with me, he was receiving money to betray the secrets of my office to a rival newspaper; and there are a great many documents belonging to me which he ought not to have had.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-54" type="witnessName">
<interp inst="t18700131-name-54" type="gender" value="female"/>
<interp inst="t18700131-name-54" type="surname" value="SMITH"/>
<interp inst="t18700131-name-54" type="given" value="FANNY"/>FANNY SMITH</persName> </hi>. I am the wife of the last witness—this little blue piece of paper has my writing on it, and is a receipt for 1
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>.—the dates here, of the payments out in the business, are my writing—I paid over the moneys to the prisoner—he did not hand me a cheque for 6
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. from England's—he accounted to me for moneys from time to time—his weekly sheet does not include the name of Mr. England—this is the statement he made that week, when he got the 13
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. from me, and he does not take notice of having got the 6
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-55" type="witnessName">
<interp inst="t18700131-name-55" type="gender" value="male"/>
<interp inst="t18700131-name-55" type="surname" value="KELLY"/>
<interp inst="t18700131-name-55" type="given" value="FREDERICK"/>FREDERICK KELLY</persName> </hi> (
<hi rend="italic">Detective Sergeant E</hi>). I went to 219, Euston Road on the morning of 5th December—it is a private house—I saw the prisoner going up the garden, about 1 o'clock, in the middle of the night (Mr. Smith was with me)—I said, "I believe your name is Rust"—he said, "No"—Mr. Smith came up, and said, "Yes; that is the man"—I told him I was a police officer, and should take him in charge for forging the endorsement to a cheque for 6
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>.—I searched the house, and found private papers and letters, which Mr. Smith has seen.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> When you took him to the station I believe he said that he did sign the cheque, and used the money for business purposes?
<hi rend="italic">A.</hi> Yes, when the charge was read over to him.</p>
<p>
<hi rend="italic">Witnesses for the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-56" type="witnessName">
<interp inst="t18700131-name-56" type="gender" value="male"/>
<interp inst="t18700131-name-56" type="surname" value="ROGERS"/>
<interp inst="t18700131-name-56" type="given" value="WILLIAM FREDERICK"/>WILLIAM FREDERICK ROGERS</persName> </hi>. I am a gentleman, and reside at Great College Street, Camden Town—I have been some time in Mr. Smith's employment as amanuensis when he was out of the way—I have had notice to produce my cheques—I produce three cheques which I gave to the prisoner—the prisoner was at Salisbury Street on Saturday, 4th September—he presented this cheque (
<hi rend="italic">produced</hi>) to me, and said he wanted 3
<hi rend="italic">l</hi>. for the office—it was crossed, and I gave him this crossed cheque for 3
<hi rend="italic">l</hi>. (
<hi rend="italic">produced</hi>) on my own banker, dated, in error, 4th August—I paid the cheque for 6
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. to my bankers, in Covent Garden, at once, with instructions to clear it—I hold a cheque in my hand, which I had lent him previously, dated 2nd Sep
<lb/>tember</p>
<xptr type="pageFacsimile" doc="187001310026"/>
<p>No. 24,425—No. 24,426 is the August one; that was an error on my part, being so early in the month; it really was 4th September—I also have a cheque for 24
<hi rend="italic">s</hi>., dated 14th September—Rust frequently opened letters in the office, and it was my duty to enter them in Mr. Smith's absence—I put them on the desk—I never signed a cheque for Mr. Smith; I was too cautious—Rust was in the habit of signing post-office orders; but I am not sure about cheques—he always paid for the stamps—the
<hi rend="italic">Artison</hi> journal comes out on the 27th or 28th of the month; it is supposed to be published on the 1st—the
<hi rend="italic">Freemasons' Magazine</hi> is issued every Friday—there would be a large number that day to go to all parts of England, and some would go abroad; they were sent out before the beginning of the month, and sometimes not then, in consequence of an absence of money—Rust always paid my salary for the last twelve or eighteen months—he was publisher of the three periodicals, he managed them—he was a person of authority in the office—I considered myself under him—there was no con
<lb/>cealment about the cheque.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BESLEY</hi>.
<hi rend="italic">Q.</hi> Were you in the service in 1867?
<hi rend="italic">A.</hi> Yes—my salary was raised, I believe, a shilling a week without my asking for it—the signature to this document is like mine; it bears date 8th July, 1867—I do not remember whether that was the time my salary was raised—it has been raised more than once—I borrowed money, from time to time, from my master—I had one loan, and I might have borrowed half-a-sovereign or a sovereign—I had not twenty loans; they were generally accorded with very bad grace—I borrowed 5
<hi rend="italic">l</hi>. in 1867 (
<hi rend="italic">looking at a letter</hi>)—I made excuses for not repaying it, and I explained it to Mr. Smith at the time, and part of it has been paid back—the letter of 11th August, 1869, is my writing—I do not know whether Mr. Smith was attending to business at that time—I say here, "Will you oblige me with the loan of 3
<hi rend="italic">l</hi>., to be paid as follows: 15
<hi rend="italic">s</hi>. on Saturday, 1
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. on the 21st; and the balance on the 28th; the fact is the poor rates have been collected sooner than I anticipated, and I have to pay them, 7
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>. to day"—I do not mean that I have seen Rust sign Mr. Smith's name on a cheque—I had an interview with Mr. Smith on 30th October, about my passing the cheque through my banker's—I do not remember saying, at that interview, that I had never known him to sign Mr. Smith's name before—I might have said that, I was indiscreet—there was a debt of 3
<hi rend="italic">l</hi>. due to me from September 2nd, and this cheque repre
<lb/>sents it—all these cheques are taken from the same book—I hare not got the counterfoils—I buy twenty-four at once—this cheque of the 2nd was not drawn on the 12th, or the 22nd.</p>
<p>
<hi rend="italic">Q.</hi> Hold it to the light, and see whether there was not another figure before the "2" originally?
<hi rend="italic">A.</hi> I see what you mean; it is drawn with a very bad quill pen, and the prisoner said that they would not cash it—it is possible I might have written "1st September"—I have not got the cheques preceding, or the counterfoils, or the pads-book; but the cheques show that they have been through the London and County Bonk, by the stamp—the cheque of 4th August is from a new book, which accounts for the difference of 500 in the numbers—when I said that the cheques came from the same book I referred to these two—I had had a banking account there for six years, and yet I was borrowing to pay by instalments—I will explain that; I had not a large balance at my banker's, perhaps 1
<hi rend="italic">l</hi>., which I was bound to keep, and Rust said, "I shall have money on Saturday, and you can pay in this cheque to meet the 3
<hi rend="italic">l</hi>."—I went to my bauker's and bogged them to</p>
<xptr type="pageFacsimile" doc="187001310027"/>
<p>pass it through, so that it should be paid on the Saturday, although the usual course is to do it next day—I was in a hurry, because I thought it would meet the cheque for 3
<hi rend="italic">l</hi>. that was coming in—I got my master's cheque on Satur
<lb/>day turned into cash to meet my cheque on Monday, and left his service on the Saturday night, without notice—I bad nothing to do with the books—I find in the prisoner's statement, "Cash received, 3
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. from the
<hi rend="italic">Artizan</hi> office," and "Cash paid to Mr. Smith, 6
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>."—I may have put down 35
<hi rend="italic">s</hi>. for wages on Saturday night, but that is a mistake; it should be 30
<hi rend="italic">s</hi>.—this is not in the prisoner's writing—I find the items on this side, and on the other side, and 9
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>., 3
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.; I do not see 6
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—I do not understand the account—I find 4
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. and 1
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>., but not 16
<hi rend="italic">s</hi>.—I know nothing about the accounts whatever.</p>
<p>
<hi rend="smallCaps">MR. W. SLEIGH</hi>.
<hi rend="italic">Q.</hi> Was it a common thing, or was it a very rare thing indeed, that the office should be hard up for money, and the clerks obliged to supply it?
<hi rend="italic">A.</hi> I have heard the prisoner say so many times and that he did not even know how he was to get the stamps to post the magazines—I left, I believe it was on the 4th, because I did not wish to be mixed up with this matter at all—he knew where to find me, but he pre
<lb/>tended not to know my address—his solicitor has not communicated with me—a summons was left at the residence, on Friday, which I occupied when Mr. Smith employed me—I never absconded, or tried to run away—the "Instruct Rust," on this envelope, is, I have no doubt, in Smith's writing, and the "W. S." is very much like the way he used to sign his initials—I should certainly think it is his writing, without swearing to it, because I did not see him write it—I should also say that the prosecutor wrote this "Enter" on the back—it would have been inconvenient to me to have paid the loan of 3
<hi rend="italic">l</hi>. at once—1
<hi rend="italic">l</hi>. was to be paid back the first week, not 15
<hi rend="italic">s</hi>., because the prosecutor said it would come easier to me afterwards.</p>
<p>
<hi rend="smallCaps">MR. BKSLEY</hi>.
<hi rend="italic">Q.</hi> Have you been shown the envelope, and the pencil writing?
<hi rend="italic">A.</hi> Yes; I have had them in my possession once—I do not remember whether that was at the Police Court—it was not just before I was examined as a witness—I did not hear my late master examined there, I was not in Court—I heard him examined to-day, and swear that this pencil is not his writing; I do not swear that it is, but as near as I can possibly go without seeing him write it—I do not pledge my oath that it is his writing, but I certainly think it is.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you ever mention the transaction of the cheque for 6
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. to Mr. Smith?
<hi rend="italic">A.</hi> Yes, on 13th October—up to that time I said nothing; I had left—I did not let him know; the prisoner was so much mixed up in the prosecutor's matters that it was not necessary—I did not think it wrong or suspicious in any way.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-57" type="witnessName">
<interp inst="t18700131-name-57" type="gender" value="male"/>
<interp inst="t18700131-name-57" type="surname" value="ROBERTS"/>
<interp inst="t18700131-name-57" type="given" value="FREDERICK HEBBERT"/>FREDERICK HEBBERT ROBERTS</persName> </hi>. I am a civil engineer; my office is at Adam Street, Adelphi—I have known Mr. Smith for the last ten years—I was articled to him, and was manager of his branch business—I have fre
<lb/>quently seen him write—these words on the envelope, "Instruct Rust; entered July 31," are, to the best of ray belief, in Mr. Smith's writing, and the initials on the letter of advice are, to the best of my belief, the same.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Have you been subpoenaed to attend this trial?
<hi rend="italic">A.</hi> Yes, on Saturday afternoon; unwillingly—I did not say, to-day, that I had not been subpoenaed; I said that I came down for my own conveni
<lb/>ence, having met the case before, and came down to see the issue—Mr.</p>
<xptr type="pageFacsimile" doc="187001310028"/>
<p>Smith and I have had disputes—I had an action against him—he did not bring an action against me—he won the day, and I had to become insolvent because I could not pay my costs.</p>
<p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">F. KELLY</hi>.
<hi rend="italic">Q.</hi> Have you seen this envelope?
<hi rend="italic">A.</hi> No—I do not think it was among the papers I took from the prisoner.</p>
<p>
<hi rend="smallCaps">MR. SMITH</hi> (
<hi rend="italic">re-examined</hi>). The envelope was produced by the prisoner's counsel, and it ought to have been among the papers in my office.</p>
<p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> Whose business was it to post the cash into the ledgers
<hi rend="italic">A.</hi> The prisoner's.</p>
<p>
<hi rend="smallCaps">
<rs id="t18700131-191-verdict-1" type="verdictDescription">
<interp inst="t18700131-191-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18700131-191-verdict-1" type="verdictSubcategory" value="withRecommendation"/>GUILTY Strongly recommended to mercy by the Jury under the very pacu
<lb/>liar circumstances of Mr. Smith's office.—</rs> </hi>.—
<hi rend="italic">
<rs id="t18700131-191-punishment-2" type="punishmentDescription">
<interp inst="t18700131-191-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18700131-191-punishment-2" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-191-18700131 t18700131-191-punishment-2"/>Four Months' Imprisonment.</rs> </hi> </p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>,
<hi rend="italic">Monday, January</hi> 31
<hi rend="italic">st</hi>, 1870.</p>
<p>
<hi rend="italic">Before Robert Malcolm Kerr, Esq.</hi> </p>
<div1 type="trialAccount" id="t18700131-192">
<interp inst="t18700131-192" type="uri" value="sessionsPapers/18700131"/>
<interp inst="t18700131-192" type="date" value="18700131"/>
<join result="criminalCharge" id="t18700131-192-charge-1" targOrder="Y" targets="def1-192-18700131 t18700131-192-offence-1 t18700131-192-verdict-1"/>
<p>192.
<persName id="def1-192-18700131" type="defendantName">
<interp inst="def1-192-18700131" type="gender" value="male"/>
<interp inst="def1-192-18700131" type="age" value="43"/>
<interp inst="def1-192-18700131" type="surname" value="SMITH"/>
<interp inst="def1-192-18700131" type="given" value="RICHARD"/>
<hi rend="largeCaps">RICHARD SMITH</hi> (43)</persName>
<rs id="t18700131-192-offence-1" type="offenceDescription">
<interp inst="t18700131-192-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18700131-192-offence-1" type="offenceSubcategory" value="coiningOffences"/>,
<hi rend="largeCaps">
<rs id="t18700131-192-verdict-1" type="verdictDescription">
<interp inst="t18700131-192-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18700131-192-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>* to unlawfully having in his possession a mould for coining—</rs>
<hi rend="italic">
<rs id="t18700131-192-punishment-3" type="punishmentDescription">
<interp inst="t18700131-192-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18700131-192-punishment-3" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-192-18700131 t18700131-192-punishment-3"/>Fifteen Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18700131-193">
<interp inst="t18700131-193" type="uri" value="sessionsPapers/18700131"/>
<interp inst="t18700131-193" type="date" value="18700131"/>
<join result="criminalCharge" id="t18700131-193-charge-1" targOrder="Y" targets="def1-193-18700131 t18700131-193-offence-1 t18700131-193-verdict-1"/>
<p>193.
<persName id="def1-193-18700131" type="defendantName">
<interp inst="def1-193-18700131" type="gender" value="female"/>
<interp inst="def1-193-18700131" type="age" value="33"/>
<interp inst="def1-193-18700131" type="surname" value="MCLACHLAN"/>
<interp inst="def1-193-18700131" type="given" value="MARY ANN"/>
<hi rend="largeCaps">MARY ANN McLACHLAN</hi> (33)</persName>
<rs id="t18700131-193-offence-1" type="offenceDescription">
<interp inst="t18700131-193-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18700131-193-offence-1" type="offenceSubcategory" value="forgery"/>, to three indictments for feloniously forging and uttering authorities for the payment of 6
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>., 6
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., and 4
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>., with intent to defraud—</rs>
<rs id="t18700131-193-verdict-1" type="verdictDescription">
<interp inst="t18700131-193-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18700131-193-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs>
<hi rend="italic">
<rs id="t18700131-193-punishment-4" type="punishmentDescription">
<interp inst="t18700131-193-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18700131-193-punishment-4" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-193-18700131 t18700131-193-punishment-4"/>Fifteen Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18700131-194">
<interp inst="t18700131-194" type="uri" value="sessionsPapers/18700131"/>
<interp inst="t18700131-194" type="date" value="18700131"/>
<join result="criminalCharge" id="t18700131-194-charge-1" targOrder="Y" targets="def1-194-18700131 t18700131-194-offence-1 t18700131-194-verdict-1"/>
<p>194.
<persName id="def1-194-18700131" type="defendantName">
<interp inst="def1-194-18700131" type="gender" value="male"/>
<interp inst="def1-194-18700131" type="age" value="34"/>
<interp inst="def1-194-18700131" type="surname" value="CLARK"/>
<interp inst="def1-194-18700131" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS CLARK</hi>** (34)</persName>
<rs id="t18700131-194-offence-1" type="offenceDescription">
<interp inst="t18700131-194-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18700131-194-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, to stealing a bottle of gin, the property of
<persName id="t18700131-name-61" type="victimName">
<interp inst="t18700131-name-61" type="gender" value="male"/>
<interp inst="t18700131-name-61" type="surname" value="CLARK"/>
<interp inst="t18700131-name-61" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18700131-194-offence-1 t18700131-name-61"/>William Clark</persName></rs>
<rs id="t18700131-194-verdict-1" type="verdictDescription">
<interp inst="t18700131-194-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18700131-194-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs>
<hi rend="italic">
<rs id="t18700131-194-punishment-5" type="punishmentDescription">
<interp inst="t18700131-194-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18700131-194-punishment-5" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-194-18700131 t18700131-194-punishment-5"/>Two Years' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18700131-195">
<interp inst="t18700131-195" type="uri" value="sessionsPapers/18700131"/>
<interp inst="t18700131-195" type="date" value="18700131"/>
<join result="criminalCharge" id="t18700131-195-charge-1" targOrder="Y" targets="def1-195-18700131 t18700131-195-offence-1 t18700131-195-verdict-1"/>
<p>195.
<persName id="def1-195-18700131" type="defendantName">
<interp inst="def1-195-18700131" type="gender" value="male"/>
<interp inst="def1-195-18700131" type="age" value="21"/>
<interp inst="def1-195-18700131" type="surname" value="PAULEY"/>
<interp inst="def1-195-18700131" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM PAULEY</hi> (21)</persName>
<rs id="t18700131-195-offence-1" type="offenceDescription">
<interp inst="t18700131-195-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18700131-195-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, to stealing three shirts, and other articles, of
<persName id="t18700131-name-63" type="victimName">
<interp inst="t18700131-name-63" type="gender" value="male"/>
<interp inst="t18700131-name-63" type="surname" value="BIRTH"/>
<interp inst="t18700131-name-63" type="given" value="ROBERT JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18700131-195-offence-1 t18700131-name-63"/>Robert James Birth</persName> and another, his masters—</rs>
<rs id="t18700131-195-verdict-1" type="verdictDescription">
<interp inst="t18700131-195-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18700131-195-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs>
<hi rend="italic">
<rs id="t18700131-195-punishment-6" type="punishmentDescription">
<interp inst="t18700131-195-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18700131-195-punishment-6" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-195-18700131 t18700131-195-punishment-6"/>Fifteen Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18700131-196">
<interp inst="t18700131-196" type="uri" value="sessionsPapers/18700131"/>
<interp inst="t18700131-196" type="date" value="18700131"/>
<join result="criminalCharge" id="t18700131-196-charge-1" targOrder="Y" targets="def1-196-18700131 t18700131-196-offence-1 t18700131-196-verdict-1"/>
<p>196.
<persName id="def1-196-18700131" type="defendantName">
<interp inst="def1-196-18700131" type="gender" value="male"/>
<interp inst="def1-196-18700131" type="age" value="20"/>
<interp inst="def1-196-18700131" type="surname" value="WHENLOCK"/>
<interp inst="def1-196-18700131" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES WHENLOCK</hi> (20)</persName>
<rs id="t18700131-196-offence-1" type="offenceDescription">
<interp inst="t18700131-196-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18700131-196-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, to stealing one hat and a quantity of tea and sugar, of
<persName id="t18700131-name-65" type="victimName">
<interp inst="t18700131-name-65" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18700131-196-offence-1 t18700131-name-65"/>the London and South-Western Railway Company</persName>, his masters—</rs>
<rs id="t18700131-196-verdict-1" type="verdictDescription">
<interp inst="t18700131-196-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18700131-196-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs>
<hi rend="italic">
<rs id="t18700131-196-punishment-7" type="punishmentDescription">
<interp inst="t18700131-196-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18700131-196-punishment-7" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-196-18700131 t18700131-196-punishment-7"/>Fifteen Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18700131-197">
<interp inst="t18700131-197" type="uri" value="sessionsPapers/18700131"/>
<interp inst="t18700131-197" type="date" value="18700131"/>
<join result="criminalCharge" id="t18700131-197-charge-1" targOrder="Y" targets="def1-197-18700131 t18700131-197-offence-1 t18700131-197-verdict-2"/>
<join result="criminalCharge" id="t18700131-197-charge-2" targOrder="Y" targets="def2-197-18700131 t18700131-197-offence-1 t18700131-197-verdict-1"/>
<p>197.
<persName id="def1-197-18700131" type="defendantName">
<interp inst="def1-197-18700131" type="gender" value="male"/>
<interp inst="def1-197-18700131" type="age" value="45"/>
<interp inst="def1-197-18700131" type="surname" value="CLIFFORD"/>
<interp inst="def1-197-18700131" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES CLIFFORD</hi> (45)</persName>, and
<persName id="def2-197-18700131" type="defendantName">
<interp inst="def2-197-18700131" type="gender" value="female"/>
<interp inst="def2-197-18700131" type="age" value="12"/>
<interp inst="def2-197-18700131" type="surname" value="CLIFFORD"/>
<interp inst="def2-197-18700131" type="given" value="ELLEN"/>
<hi rend="largeCaps">ELLEN CLIFFORD</hi> (12)</persName>
<rs id="t18700131-197-offence-1" type="offenceDescription">
<interp inst="t18700131-197-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18700131-197-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Felo
<lb/>niously impairing, diminishing, and lightening ten sovereigns and ten half-sovereigns, with intent to defraud.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. COLERIDGE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">WIGHTMAN</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-68" type="witnessName">
<interp inst="t18700131-name-68" type="gender" value="male"/>
<interp inst="t18700131-name-68" type="surname" value="BRANNAN"/>
<interp inst="t18700131-name-68" type="given" value="JAMES"/>JAMES BRANNAN</persName> </hi>. I have been for thirty-one years employed by the Treasury—on 1st January, from information I received, I went to Sewaid-atone Road, about 3 o'clock, with other officers—we posted ourselves in a position to command a view of No. 14, and shortly afterwards the little girl (
<hi rend="italic">the prisoner Ellen</hi>) came from the door and passed us—we watched her to Mann's, the baker's, shop, and when she came out I sent Chapman in—he gave me information, and Inspector Honey went to a public-house—he took possession of a half-sovereign, and showed it to me—we watched the girl home, and about a quarter of an hour afterwards she came out again, and Honey and Chapman followed her, while I kept within view of the door of No. 14, and saw her return, and the officers folio wing her—I stopped her, and said, "My little girl, what is your name?"—she said, "Cave, sir"—I said, "Where do you live?"—she said, "14, down there, sir," pointing to the door which I had seen her go in and come out from—I told her she was suspected of passing coin which had been impaired, diminished, and light
<lb/>ened—she made no reply—I said, "Do you understand me, my girl, or shall I explain it to you?"—she said, "If you please, sir,"—I said, "For lighten-ing the sovereigns and making them of less value, and then passing them; you answer the description of a little girl that passed some light sovereigns to Mr. West, the brewer, in the Hackney Road"—she said, "Yes, sir, I had</p>
<xptr type="pageFacsimile" doc="187001310029"/>
<p>them from my father, who is a collector in the City"—I said, "What have you got about you?"—she said, "Nothing"—Chapman said, "Yes; you have a sovereign you had at Mr. Telford's, the pawnbroker, for silver"—she then pulled from her dress pocket this little canvas bag, which con
<lb/>tained this sovereign—a key was attached by a string to the dress—I said, "What key is this—she said, "The key of our door, sir; we live on the first floor, at No. 14, down there; my father and mother are at home, will you take me to them?"—we took possession of the key, and I detained her, but did not take her home—I gave the key to Chapman, with instructions to open the street door quietly; he did so, and Honey and I entered the passage and immediately went up stairs, and, in the first floor hack room, we found the male prisoner with his wife; he sat by a table, which formed a bench, in a recess between the fireplace and the wall—I saw him take his hand from the top of this box (
<hi rend="italic">produced</hi>)—he was seized on one side by Honey, and I seized his other arm—Honey put his hand in his right coat pocket, and took from it 4
<hi rend="italic">d</hi>. in copper and two sovereigns, a loaded pistol, with powder and boll, capped, and half-cocked—I told him I had a search warrant, and he was entitled to have it read—he said, "All right"—I looked at the two sovereigns, and saw, without using a glass, that they had been tampered with; I afterwards used my glass and found evident traces of it—I looked at the box, and found two galvanic batteries, charged with solution, an outer jar, containing sulphate of zinc, and an inner jar, containing this solution (
<hi rend="italic">produced</hi>)—inside the battery was this broken inkstand, containing a solution, which has been analyzed by a chemist; I tested it on some paper, and found that it obliterated the print, and that it was acid—I took possession of a number of bent wires, a file with white metal on it, a large quantity of white metal, some plaster of Paris, and other articles used for coining purposes, also this piece of board, hollowed out in the middle, much used, and this wire brush, and these scales and weights—he said, "I suppose you
<hi rend="italic">chaps</hi> expected to find me here coining"—I said, "We find you at almost as mischievous a calling"—he said, "If you were to go to any electro-gilders in Clerkeuwell, you would find batteries like them"—I said, "Probably we might; but we might not be satisfied in finding two sovereigns in their possession which have been tampered with ai these have been"—he made no reply—I emptied the battery charges into bottles, and left them at the Mint with the chemist—I strictly enjoined Chapman to take great care of the teacup of sulphuric acid; it had a heavy deposit in it—I then went into the adjoining room to search, and heard Inspector Brannan call out to me, "If there is anything material in that cup, prisoner has thrown the contents in the fire"—the prisoner said, "It only contains sulphuric acid."</p>
<p>
<hi rend="italic">Prisoner</hi> (
<hi rend="italic">James</hi>).
<hi rend="italic">Q.</hi> What distance is it from the front door of the house to my apartments?
<hi rend="italic">A.</hi> Twelve or fifteen feet—I did not count the stairs—I went up two or three at a time—I found no wet coin or metal, but this pair of wooden pliers were wet—the coins might have dried in your pocket—I do not know that you have diminished gold coin, but I have reason to believe you have done so very extensively—you got full value for the coins afterwards, which you could not have got at a bullion office—I cannot prove that your daughter knew she was tendering light coin—many light coins are circulated daily—not one shopkeeper in fifty weighs them.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-69" type="witnessName">
<interp inst="t18700131-name-69" type="gender" value="male"/>
<interp inst="t18700131-name-69" type="surname" value="HONEY"/>
<interp inst="t18700131-name-69" type="given" value="THOMAS"/>THOMAS HONEY</persName> </hi> (
<hi rend="italic">Police Inspector</hi>). On 1st January I was looking out near Sewardstone Road, and saw the little girl leave No. 14, about 3 o'clock</p>
<xptr type="pageFacsimile" doc="187001310030"/>
<p>—I followed her to Mr. Mann's, a baker's, 150 yards off, and saw her leave—I then, in consequence of information from Chapman, went to the Prince of Wales' public-house, and the barman, Fordham, gave me this half-sovereign (
<hi rend="italic">No.</hi> 8)—it was rough, and appeared to hare been tampered with—I showed it to Bran Nan—I saw the girl leave the house again—I had not seen her go in—I followed her to Gloucester Place, Hackney Road, where I missed her—I waited there, and shortly afterwards she came back, and I followed her, and met Mr. Braunan—we stopped her about 150 yards from her house, and Brannan spoke to her—we then went into the house—the passage is about three or four yards long, and there is a flight of stairs—Chapman opened the street door—we found the male prisoner and his wife in the room; he was sitting on a chair, with this box, in the act of fastening it—the things taken from the room have been in my charge ever since—I drew the charge from the pistol; it was loaded with powder and ball, and was capped—I produce some crucibles, two ladles, with white metal adhering, a blow-pipe, two life preservers, a sling shot, and four daggers—I received these three sovereigns, 5, 6, and 7, from Mr. Sutcliff—I also produce a book and a piece of paper.</p>
<p>
<hi rend="italic">Prisoner</hi> (
<hi rend="italic">James</hi>).
<hi rend="italic">Q.</hi> What time did it take you from the front door till you got to my apartments?
<hi rend="italic">A.</hi> About a second and a half—I did not see any coins or metal undergoing the process of reduction, or anything wet, at if it had come from the battery—I had you in custody.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-70" type="witnessName">
<interp inst="t18700131-name-70" type="gender" value="indeterminate"/>
<interp inst="t18700131-name-70" type="surname" value="JIGGER"/>
<interp inst="t18700131-name-70" type="given" value="SQUIRES"/>SQUIRES JIGGER</persName> </hi>. I am barman to Joseph West, who keeps the Temple Brewery, Hackney Road—on 11th December the female prisoner care in, alxnit 6.45, for a pint of fourpenny ale, and gave me a sovereign—I put it into the change-drawer, where there was no gold, and gave her the change—I saw my master take the sovereign away, about half an-hour afterwards, and he gave me instructions—on 23rd December the girl came in again, for a pot of fourpenny ale—I recognized her—she paid with a sovereign, which I put into the till, the change-drawer—I saw my master take it out—then was no gold there—I noticed that it felt a great deal lighter than other sovereigns.</p>
<p>
<hi rend="italic">Prisoner</hi> (
<hi rend="italic">James</hi>).
<hi rend="italic">Q.</hi> How do you recognize my daughter?
<hi rend="italic">A.</hi> By her features.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-71" type="witnessName">
<interp inst="t18700131-name-71" type="gender" value="male"/>
<interp inst="t18700131-name-71" type="surname" value="CLARK"/>
<interp inst="t18700131-name-71" type="given" value="THOMAS CHARLES"/>THOMAS CHARLES CLARK</persName> </hi>. I am also a barman to Mr. West—on 28th December the girl came in, about 11 o'clock, for a pint of fourpenny ale, and gave me a sovereign—I gave her change, and in consequence of in
<lb/>structions I had received, I had her watched by Knight, the potman—I had seen her in the house before, two or three times, and have not the slightest doubt about her—I gave the sovereign to Mr. West—it is rather more than a quarter of a mile from Mr. West's to the prisoner's house, and be could have got fourpenny ale at fourteen other houses nearer.</p>
<p>
<hi rend="italic">Prisoner</hi> (
<hi rend="italic">James</hi>).
<hi rend="italic">Q.</hi> Is not the beer sold at brewers' better than you get at public-houses?
<hi rend="italic">A.</hi> Yes, far superior.</p>
<p>
<hi rend="smallCaps">MR. COLERIDGE</hi>.
<hi rend="italic">Q.</hi> Are there any breweries between your house and his?
<hi rend="italic">A.</hi> Yes, two.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-72" type="witnessName">
<interp inst="t18700131-name-72" type="gender" value="male"/>
<interp inst="t18700131-name-72" type="surname" value="WRIGHT"/>
<interp inst="t18700131-name-72" type="given" value="CHARLES"/>CHARLBS WRIGHT</persName> </hi>. I am potman to Mr. West—on 28th December, about 11 o'clock, I received instructions from him, and followed this girl to 14, Sewardstone Road—she went in, and shut the door.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-73" type="witnessName">
<interp inst="t18700131-name-73" type="gender" value="male"/>
<interp inst="t18700131-name-73" type="surname" value="WEST"/>
<interp inst="t18700131-name-73" type="given" value="JOSEPH"/>JOSEPH WEST</persName> </hi>. I keep a brewery, and have a branch establishment called the Temple, at the corner of Temple Street—previous to 20th De
<lb/>cember I had received two sovereigns from the Temple, which looked as if</p>
<xptr type="pageFacsimile" doc="187001310031"/>
<p>they had been tampered with—I weighed one, and it was light—in conse
<lb/>quence of that, I gave instructions to Jagger, Clark, and Wright—on 11th December, in consequence of something I was told, I took a sovereign from the change drawer, weighed it, locked it up, and afterwards gave it to the police—it was much lighter than it ought to be—on 23rd December I took a sovereign out of the change drawer, weighed it, and found it was twelve grains light—Clark also brought me a light sovereign, which I handed to Mr. Sutcliff, my assistant—I had seen the little girl in the house on several occasions, and saw her once pay four coppers for a pot of ale, and a sove-reign on the 23rd.</p>
<p>
<hi rend="italic">Prisoner</hi> (
<hi rend="italic">James</hi>).
<hi rend="italic">Q.</hi> Where were you when my daughter changed the sovereign, on the 11th?
<hi rend="italic">A.</hi> I was absent then—I know it had been tam
<lb/>pered with, by its appearance—I recognize her by her appearance; I could pick her out from a hundred, by her features—I had taken no other gold coin that morning, there was none in the drawer—I looked it up in my scale box, after weighing it and finding it light.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-74" type="witnessName">
<interp inst="t18700131-name-74" type="gender" value="male"/>
<interp inst="t18700131-name-74" type="surname" value="SUTCLIFF"/>
<interp inst="t18700131-name-74" type="given" value="RICHARD"/>RICHARD SUTCLIFF</persName> </hi>. I am assistant to West & Sons—on 28th December I received three sovereigns from Mr. Went, which I marked, at the Police Court, on the right side of the crown—these marked "5," "6," and "7," are them; these are my marks—I left them with Inspector Honey, having marked them in his presence.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-75" type="witnessName">
<interp inst="t18700131-name-75" type="gender" value="male"/>
<interp inst="t18700131-name-75" type="surname" value="BRANNAN"/>
<interp inst="t18700131-name-75" type="given" value="JAMES"/>JAMES BRANNAN</persName> </hi> (
<hi rend="italic">Police Inspector</hi>). On 1st January I followed Brannan and the other officers to the prisoner's house—they left me in charge of the male prisoner—he was in a very excited state—there was a cup there, with some liquid in it—he said he was thirsty, and wanted some water; he reached over to the cup, threw the contents of it into the fire, went to a jug, rinsed the cup out twice, put some water in it, and put it on one side without drinking it, which aroused my attention, and I asked the first witness if there was anything in the cup; he said, "Yes."</p>
<p>
<hi rend="italic">Prisoner</hi> (
<hi rend="italic">James.</hi>) Explain what you mean by being "excited."
<hi rend="italic">Witness.</hi> You were trembling, and nervous, and I told you to be calm—a glass might possibly have been taken from the table when I was not there—you never raised the cup to your lips, which excited my suspicion.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-76" type="witnessName">
<interp inst="t18700131-name-76" type="gender" value="male"/>
<interp inst="t18700131-name-76" type="surname" value="HONEY"/>
<interp inst="t18700131-name-76" type="given" value="THOMAS"/>THOMAS HONEY</persName> </hi> (
<hi rend="italic">re-examined</hi>). I took three knobs of coal from the fire-place to the laboratory at the Mint.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-77" type="witnessName">
<interp inst="t18700131-name-77" type="gender" value="male"/>
<interp inst="t18700131-name-77" type="surname" value="CHAPMAN"/>
<interp inst="t18700131-name-77" type="given" value="WILLIAM"/>WILLIAM CHAPMAN</persName> </hi> (
<hi rend="italic">Policeman K</hi>). On 1st January I went with Brannan and Honey to Sewardstone Road, and saw the girl come out of No. 14—I fol
<lb/>lowed her to Mrs. Mann's, and saw something pass from her to the little boy, who went across to the Prince of Wales public-house—I stopped and asked Mrs. Mann what the girl came for—when the boy came back he gave something to the girl; I could not see what—she then left, and I followed her home, and then to Telffer's, the pawnbroker's—I spoke to Honey, who went to the Prince of Wales, and afterwards showed me a half-sovereign (
<hi rend="italic">No.</hi> 8)—I saw her come out of Telffer's, and on the way back she was stopped by Brannan—I took the key, went to the first floor back, and saw the male prisoner sitting in a chair, in front of a box—his wife took these three rings (
<hi rend="italic">produced</hi>) off her fingers, and said, "This is what my husband
<hi rend="italic">do,</hi> he has gild these three rings for me"—I gave them to Honey—I was left in charge of the male prisoner while Brannan and Honey went into the back room—he said, "I want to drink," and took this cup off the mantel-piece, threw the contents into the fire, rinsed the cup out, and raised it to his lips; but I do not think he drank—I found this book (
<hi rend="italic">produced</hi>)—I assisted Honey</p>
<xptr type="pageFacsimile" doc="187001310032"/>
<p>in taking the coals out of the fire—we took them to the Mint—I produce a sovereign and a half-sovereign, numbered 3 and 4, which I received from Mr. Westaby.</p>
<p>
<hi rend="italic">Prisoner</hi> (
<hi rend="italic">James</hi>).
<hi rend="italic">Q.</hi> How long did it take from the time you opened the door till you arrived at my quarters?
<hi rend="italic">A.</hi> It might be six or seven seconds—I found no coin or metal undergoing the process of reduction by the battery, or any coin which looked as if it was taken from an acid.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-78" type="witnessName">
<interp inst="t18700131-name-78" type="gender" value="male"/>
<interp inst="t18700131-name-78" type="surname" value="WESTABY"/>
<interp inst="t18700131-name-78" type="given" value="WILLIAM"/>WILLIAM WESTABY</persName> </hi>. I am a butcher, of the Hackney Road—on 13th December, between 10 and 11 o'clock, a girl came to my shop for 2 lbs. of ham and beef, which came to 2
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>.—she gave me a sovereign; I told her I thought it was light—she said that her father took it in the City, that morning—she gave me her right name and address, and I gave her the change, and marked the sovereign—this is it (
<hi rend="italic">No.</hi> 3)—I ultimately gave it to Chapman.</p>
<p>
<hi rend="italic">Prisoner</hi> (
<hi rend="italic">James</hi>).
<hi rend="italic">Q.</hi> Was it of a King or a Queen?
<hi rend="italic">A.</hi> The Queen—I put a cross on the head—I took it because the girl gave me her address, and I said, if I could not pass it, I would send it back, which I should have done.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-79" type="witnessName">
<interp inst="t18700131-name-79" type="gender" value="female"/>
<interp inst="t18700131-name-79" type="surname" value="SCADDON"/>
<interp inst="t18700131-name-79" type="given" value="MARTHA"/>MARTHA SCADDON</persName> </hi>. My father keeps the Royal Victor public-house—on Tuesday, 11th December, I served the female prisoner with a quartern of gin, and she gave me a sovereign—I weighed it, and found it considerably light—I asked her where she lived—she said, "14, Sewardstone Road"—I told her she had better fetch her father or mother, and she returned in a quarter of an hour with the male prisoner, he spoke to my father, who gave him the sovereign back—he asked what was the matter with it, and rang it twice on a form in the shop—I said, "It is considerably light in weight, that is all"—the gin came to 6
<hi rend="italic">d</hi>.—he paid with a half-crown, and took the sovereign away.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-80" type="witnessName">
<interp inst="t18700131-name-80" type="gender" value="male"/>
<interp inst="t18700131-name-80" type="surname" value="SCADDON"/>
<interp inst="t18700131-name-80" type="given" value="WILLIAM"/>WILLIAM SCADDON</persName> </hi>. I am the father of the last witness—on 4th Decem
<lb/>ber she gave me a light sovereign—I retained it—there was a little girl in the shop—the prisoner afterwards came—I gave it back to him, and he paid me with a half-crown—I instructed the boy to watch him, to see that he gave the right address.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-81" type="witnessName">
<interp inst="t18700131-name-81" type="gender" value="male"/>
<interp inst="t18700131-name-81" type="surname" value="MANN"/>
<interp inst="t18700131-name-81" type="given" value="JOHN"/>JOHN MANN</persName> </hi>. I live with my mother, a biscuit baker, at 1, Bonner Road—on 1st January this little girl came to the shop for a quartern loaf, and gave me a half-sovereign—I had no change, and went to get it at the Prince of Wales, where Henry Fordham gave it to me, and I took this change back, and gave it to her—I am sure she is the girl—she had been in before, several times, and nearly always paid in gold.</p>
<p>
<hi rend="italic">Prisoner</hi> (
<hi rend="italic">James</hi>).
<hi rend="italic">Q.</hi> Did you ever hear of any of the gold you received before, being light?
<hi rend="italic">A.</hi> Yes.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-82" type="witnessName">
<interp inst="t18700131-name-82" type="gender" value="male"/>
<interp inst="t18700131-name-82" type="surname" value="FORDHAM"/>
<interp inst="t18700131-name-82" type="given" value="HENRY"/>HENRY FORDHAM</persName> </hi>. I am barman at the Prince of Wales—on 1st January the little boy, Mann, came for change for a half-sovereign—I put it in a glass, where there was no other, and gave him the change—shortly afterwards Honey came in, and I marked the half-sovereign, and gave it to him—this is it (
<hi rend="italic">No.</hi> 8).</p>
<p>
<hi rend="italic">Prisoner</hi> (
<hi rend="italic">James</hi>).
<hi rend="italic">Q.</hi> What was in the glass?
<hi rend="italic">A.</hi> Four sovereigns—I am positive this is the coin the boy gave me.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-83" type="witnessName">
<interp inst="t18700131-name-83" type="gender" value="male"/>
<interp inst="t18700131-name-83" type="surname" value="LOWE"/>
<interp inst="t18700131-name-83" type="given" value="HENRY"/>HENRY LOWE</persName> </hi>. I am assistant to Mr. Telffer, a pawnbroker, of the Hackney Road—on 1st January the female prisoner came and asked me to give her a sovereign for 1
<hi rend="italic">l</hi>. worth of silver—I knew her by sight, having seen her there before—four of us serve in the shop, and I had not served</p>
<xptr type="pageFacsimile" doc="187001310033"/>
<p>her before—I gave her the sovereign, and she left the shop with it in her hand—she brought the silver in her hand.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-84" type="witnessName">
<interp inst="t18700131-name-84" type="gender" value="female"/>
<interp inst="t18700131-name-84" type="surname" value="BATES"/>
<interp inst="t18700131-name-84" type="given" value="ELIZABETH"/>ELIZABETH BATES</persName> </hi>. I am the wife of George Bates, of 14, Sewardstone Road—about three months ago the male prisoner took our first floor lodging, for himself and his wife and child—they lived together there—he was mostly indoors—he told me he lived on his private income—only one person came once to see them, and that was a long time before he was taken in custody—the little girl brought me a half-sovereign for the rent—I tried to change it, and it was short weight—I returned it to the prisoner's wife.</p>
<p>
<hi rend="italic">Prisoner</hi> (
<hi rend="italic">James</hi>).
<hi rend="italic">Q.</hi> Do you remember what my wife did with that half-sovereign?
<hi rend="italic">A.</hi> No—she did not pay me the rent that day—I do remember now that your wife sent your daughter to change that half-sovereign at a public-house where she had got it from some time before, and the person gave her another, remarking that it was the same she had given her; but as far as my memory goes I did not receive it.</p>
<p>
<hi rend="italic">Prisoner</hi> (
<hi rend="italic">Ellen</hi>). When Mrs. Bates brought it up it was given to Emma, on the landing—my mother asked me where I got it—I said, "From the Prince of Wales, the day before," and I took it back, and the young woman give me another for it—the barmaid was there—after she gave it to me she said she remembered taking the one the day before, and I gave Mrs. Bates the half-sovereign for the rent.
<hi rend="italic">Witness.</hi> I got it in silver, as far as I can remember.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-85" type="witnessName">
<interp inst="t18700131-name-85" type="gender" value="male"/>
<interp inst="t18700131-name-85" type="surname" value="DENNIS"/>
<interp inst="t18700131-name-85" type="given" value="WILLIAM"/>WILLIAM DENNIS</persName> </hi>. I am assistant to Mr. Griffiths, a chemist, of 41, Clerkenwell Green—the male prisoner has been in the habit of coming there constantly, since 16th July, and has purchased cyanide of potassium, an ounce at a time—he has frequently asked me to give him a sovereign for 1
<hi rend="italic">l</hi>. worth of silver.</p>
<p>
<hi rend="italic">Prisoner</hi> (
<hi rend="italic">James</hi>).
<hi rend="italic">Q.</hi> Have I not purchased other chemicals there?
<hi rend="italic">A.</hi> Yes.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-86" type="witnessName">
<interp inst="t18700131-name-86" type="gender" value="male"/>
<interp inst="t18700131-name-86" type="surname" value="ROBERTS"/>
<interp inst="t18700131-name-86" type="given" value="WILLIAM CHANDLER"/>WILLIAM CHANDLER ROBERTS</persName> </hi>. I am chemist to Her Majesty's Mint—I have examined these articles—this box contains two batteries, a wire brush, a pair of scissors, two steal burnishers, and a clasp knife—there is no trough to the butteries, but a tea cup could be used as a trough—various solvents may be used in the trough; cyanide of potassium and various acids—there are two wires, which are in a very similar position to that in which they would be used for electro-gilding—this battery would extract gold from sovereigns, with the aid of acids—with the connection complete, a sovereign would be decomposed—I received the charges drawn from the battery, and charged it with them—I then operated with it upon a half-sovereign, using a solution of cyanide of potassium in the cup, and removed from the half-sovereign these three-tenths of a grain of gold (
<hi rend="italic">produced</hi>)—I used the other battery, and worked with hydrocloric acid, by which means I removed ten grains of gold from a sovereign in an hour—I have analyzed the liquids with which the battery was charged; one was sulphate of copper, and the other sulphate of zinc—the acid in the cup contained a small quantity of gold—the board with a round hole in it is, I believe, used as a support for the coin after its removal from the solution—here is a sovereign which has been practised upon, and which is still uncleaned; it is dull—this brush would brighten it, and take off the rough red appearance—these bent wires are used to support the coin in this position—the process of electro-dissolu-tion is precisely the reverse of electro-plating; the one is putting gold on, the other is taking it off: you just change the wires—I believe this</p>
<xptr type="pageFacsimile" doc="187001310034"/>
<p>sovereign, No. 1, has been so acted upon; it has lost eleven grains of gold, which, at 2
<hi rend="italic">d</hi>. a grain, is 1
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>.; No. 2 has lost twelve grains and a half; No. 3, thirteen grains; No. 4 has been withdrawn; No. 5, fifteen grains; No. 6, thirteen grains; No. 7, twelve grains; No. 8, seven and a half grains—twenty-two parts out of twenty-four in a sovereign are gold—part of the alloy would be deposited with the gold, and part would remain in the solu
<lb/>tion—a lot of alloys were handed to me; they were principally lead and tin; also some emery powder, which he used to polish sovereigns, and remove gold from their surface—the constable brought me ten ounces of coal—I analyzed 200 grains of it, and obtained half a grain of gold (
<hi rend="italic">pro
<lb/>duced</hi>), and some traces of copper—these chemicals are, nitric, sulphuric, hydrocloric, prussic, and cyanic acids, and cyanide of potassium—assuming such a process to be carried on, some of those acids would be used—I have also found gold in the shavings or scrapings of these wooden pliers—this packet is labelled, "Protosulphate of iron"—that is used for precipitating gold, depending upon the solution—here is also some chlorate of potass, and a bottle marked, "
<hi rend="italic">Nuxvomica</hi>"—those might be used in subsequent operations, I cannot say—I believe these three rings to be brass-electro gilt.</p>
<p>
<hi rend="italic">Prisoner</hi> (
<hi rend="italic">James</hi>).
<hi rend="italic">Q.</hi> Are there not several kinds of galvanic batteries?
<hi rend="italic">A.</hi> Yes; this is a very suitable one for electro-plating—they are used by mere amateurs sometimes, and they would have the same articles—then are no articles here which would only be used for reducing gold coin, but the construction of the wires I attach great importance to—it is necessary, in gilding, to avoid putting the copper wire into the solution—I could not reduce gold with this battery, without a gold solution in the decomposing trough—the gold I found was nearly pure, there was a slight trace of copper—if it had been taken from a sovereign it would have been of the same quality, provided you had not used copper wires—I do not consider that a person wishing to obtain gold would use copper wire to sustain the gold to be dissolved, and spoil his gold—the coins I have experimented upon might he circulated among persons whose suspicions had not been aroused—you could get gold from a bag of powdered quartz with this battery, if there was metallic contact—the battery would be just the same if it was used to extract gold from any old gilt articles.</p>
<p>
<hi rend="smallCaps">MR. COLERIDGE</hi>.
<hi rend="italic">Q.</hi> You say that a person who wanted to get the best gold would not use copper wire to get it with?
<hi rend="italic">A.</hi> I consider not—copper is much more easily reduced than gold, and if there is a small quantity of copper in a solution it will come down first—I found gold on the opposing copper wire; it is only at the dissolving wire that the copper would be injurious to the gold.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> There is no doubt that by means of this machine gold could be dissolved, whether a sovereign, a gold brooch, or quartz?
<hi rend="italic">A.</hi> Certainly—the cup, which may have been used as a dissolving trough, contained a small quantity of gold, and there was some on the opposing wire, which was done by accident—no one wishing to deposit gold would use copper wire, because there would be more copper than gold deposited.</p>
<p>
<hi rend="italic">James Cliford, in his defence, stated that, if he fad been engaged in any illegal transaction his door would have been fastened. He entered into the construction of different galvanic batteries, and contended that those found would not be the best adapted to the purpose suggested; stating that what in the cup was a mixture called "pickle" which was used to clean metals before undergoing electroplating, by removing the oxide from them, and contends</hi> </p>
<xptr type="pageFacsimile" doc="187001310035"/>
<p>
<hi rend="italic">that if the gold found by the chemist had been, taken from sovereigns, is would have been standard gold, which it was not proved to be, and that all the articles found were those used by ordinary electrotypists. He stated that he was an artillerist, and had been twenty years experimenting in torpedos and shells, and that the chemicals found were used to make an explosive substance twelve times stronger than the best blasting powder; that he made the shells water
<lb/>tight by depositing copper upon the joints by the electrotype process, and that he received the gold coins in change, and had not diminished them; that the pistol was used for experiments with the torpedos, and that he had served twenty-two years for his pension, which would be forfeited if he was convicted.</hi> </p>
<p>
<hi rend="smallCaps">MR. COLERIDGE</hi>
<hi rend="italic">withdrew the case against</hi> </p>
<p>
<hi rend="largeCaps">ELLEN CLIFFORD</hi>
<hi rend="smallCaps">
<rs id="t18700131-197-verdict-1" type="verdictDescription">
<interp inst="t18700131-197-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18700131-197-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p>
<p>
<hi rend="largeCaps">JAMES CLIFFORD</hi>
<hi rend="smallCaps">
<rs id="t18700131-197-verdict-2" type="verdictDescription">
<interp inst="t18700131-197-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18700131-197-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18700131-197-punishment-8" type="punishmentDescription">
<interp inst="t18700131-197-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18700131-197-punishment-8" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-197-18700131 t18700131-197-punishment-8"/>Two years' Imprisonment.</rs> </hi> </p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>
<hi rend="italic">Tuesday, February</hi> 1
<hi rend="italic">st</hi>, 1870.</p>
<p>
<hi rend="italic">Before Robert Malcolm Kerr, Esq.</hi> </p>
<div1 type="trialAccount" id="t18700131-198">
<interp inst="t18700131-198" type="uri" value="sessionsPapers/18700131"/>
<interp inst="t18700131-198" type="date" value="18700131"/>
<join result="criminalCharge" id="t18700131-198-charge-1" targOrder="Y" targets="def1-198-18700131 t18700131-198-offence-1 t18700131-198-verdict-1"/>
<p>198.
<persName id="def1-198-18700131" type="defendantName">
<interp inst="def1-198-18700131" type="gender" value="male"/>
<interp inst="def1-198-18700131" type="age" value="20"/>
<interp inst="def1-198-18700131" type="surname" value="HOLYOAKE"/>
<interp inst="def1-198-18700131" type="given" value="FRANCIS"/>
<hi rend="largeCaps">FRANCIS HOLYOAKE</hi> (20)</persName>
<rs id="t18700131-198-offence-1" type="offenceDescription">
<interp inst="t18700131-198-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18700131-198-offence-1" type="offenceSubcategory" value="coiningOffences"/>,
<hi rend="smallCaps">
<rs id="t18700131-198-verdict-1" type="verdictDescription">
<interp inst="t18700131-198-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18700131-198-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to four indict
<lb/>ments for feloniously forging and uttering orders for 2
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>., 4
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>., and 5
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>., with intent to defraud—</rs>
<hi rend="italic">
<rs id="t18700131-198-punishment-9" type="punishmentDescription">
<interp inst="t18700131-198-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18700131-198-punishment-9" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-198-18700131 t18700131-198-punishment-9"/>Eighteen Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18700131-199">
<interp inst="t18700131-199" type="uri" value="sessionsPapers/18700131"/>
<interp inst="t18700131-199" type="date" value="18700131"/>
<join result="criminalCharge" id="t18700131-199-charge-1" targOrder="Y" targets="def1-199-18700131 t18700131-199-offence-1 t18700131-199-verdict-1"/>
<p>199.
<persName id="def1-199-18700131" type="defendantName">
<interp inst="def1-199-18700131" type="gender" value="male"/>
<interp inst="def1-199-18700131" type="age" value="19"/>
<interp inst="def1-199-18700131" type="surname" value="BRADLEY"/>
<interp inst="def1-199-18700131" type="given" value="SAMUEL"/>
<hi rend="largeCaps">SAMUEL BRADLEY</hi> (19)</persName>
<rs id="t18700131-199-offence-1" type="offenceDescription">
<interp inst="t18700131-199-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18700131-199-offence-1" type="offenceSubcategory" value="pocketpicking"/>, to stealing a watch and chain, of
<persName id="t18700131-name-89" type="victimName">
<interp inst="t18700131-name-89" type="gender" value="male"/>
<interp inst="t18700131-name-89" type="surname" value="ROGERS"/>
<interp inst="t18700131-name-89" type="given" value="SAMUEL"/>
<join result="offenceVictim" targOrder="Y" targets="t18700131-199-offence-1 t18700131-name-89"/>Samuel Rogers</persName>, from his person—</rs>
<rs id="t18700131-199-verdict-1" type="verdictDescription">
<interp inst="t18700131-199-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18700131-199-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs>
<hi rend="italic">
<rs id="t18700131-199-punishment-10" type="punishmentDescription">
<interp inst="t18700131-199-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18700131-199-punishment-10" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-199-18700131 t18700131-199-punishment-10"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18700131-200">
<interp inst="t18700131-200" type="uri" value="sessionsPapers/18700131"/>
<interp inst="t18700131-200" type="date" value="18700131"/>
<join result="criminalCharge" id="t18700131-200-charge-1" targOrder="Y" targets="def1-200-18700131 t18700131-200-offence-1 t18700131-200-verdict-1"/>
<p>200.
<persName id="def1-200-18700131" type="defendantName">
<interp inst="def1-200-18700131" type="gender" value="male"/>
<interp inst="def1-200-18700131" type="age" value="32"/>
<interp inst="def1-200-18700131" type="surname" value="DUNN"/>
<interp inst="def1-200-18700131" type="given" value="PATRICK"/>
<hi rend="largeCaps">PATRICK DUNN</hi> (32)</persName>
<rs id="t18700131-200-offence-1" type="offenceDescription">
<interp inst="t18700131-200-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18700131-200-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, to feloniously breaking and entering the shop of
<persName id="t18700131-name-91" type="victimName">
<interp inst="t18700131-name-91" type="gender" value="male"/>
<interp inst="t18700131-name-91" type="surname" value="CAMPBELL"/>
<interp inst="t18700131-name-91" type="given" value="ANDREW"/>
<join result="offenceVictim" targOrder="Y" targets="t18700131-200-offence-1 t18700131-name-91"/>Andrew Campbell</persName>, and stealing therein two watches and other articles, his property—</rs>
<rs id="t18700131-200-verdict-1" type="verdictDescription">
<interp inst="t18700131-200-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18700131-200-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs>
<hi rend="italic">
<rs id="t18700131-200-punishment-11" type="punishmentDescription">
<interp inst="t18700131-200-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18700131-200-punishment-11" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-200-18700131 t18700131-200-punishment-11"/>Twelve Months' Imprisonment.</rs> </hi> And</p> </div1>
<div1 type="trialAccount" id="t18700131-201">
<interp inst="t18700131-201" type="uri" value="sessionsPapers/18700131"/>
<interp inst="t18700131-201" type="date" value="18700131"/>
<join result="criminalCharge" id="t18700131-201-charge-1" targOrder="Y" targets="def1-201-18700131 t18700131-201-offence-1 t18700131-201-verdict-1"/>
<join result="criminalCharge" id="t18700131-201-charge-2" targOrder="Y" targets="def1-201-18700131 t18700131-201-offence-2 t18700131-201-verdict-1"/>
<p>201.
<persName id="def1-201-18700131" type="defendantName">
<interp inst="def1-201-18700131" type="gender" value="male"/>
<interp inst="def1-201-18700131" type="age" value="17"/>
<interp inst="def1-201-18700131" type="surname" value="SPALDING"/>
<interp inst="def1-201-18700131" type="given" value="ALFRED"/>
<hi rend="largeCaps">ALFRED SPALDING</hi>** (17)</persName>
<rs id="t18700131-201-offence-1" type="offenceDescription">
<interp inst="t18700131-201-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18700131-201-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, to stealing eight watches and other articles, of
<persName id="t18700131-name-93" type="victimName">
<interp inst="t18700131-name-93" type="gender" value="male"/>
<interp inst="t18700131-name-93" type="surname" value="MULLER"/>
<interp inst="t18700131-name-93" type="given" value="MARK LEOPOLD"/>
<join result="offenceVictim" targOrder="Y" targets="t18700131-201-offence-1 t18700131-name-93"/>Mark Leopold Muller</persName>, his master</rs>;
<hi rend="italic">also</hi>
<rs id="t18700131-201-offence-2" type="offenceDescription">
<interp inst="t18700131-201-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18700131-201-offence-2" type="offenceSubcategory" value="stealingFromMaster"/> to stealing a cash box and 32
<hi rend="italic">l</hi>., of
<persName id="t18700131-name-94" type="victimName">
<interp inst="t18700131-name-94" type="gender" value="male"/>
<interp inst="t18700131-name-94" type="surname" value="PARMINSTER"/>
<interp inst="t18700131-name-94" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18700131-201-offence-2 t18700131-name-94"/>William Parminster</persName>, his master—</rs>
<rs id="t18700131-201-verdict-1" type="verdictDescription">
<interp inst="t18700131-201-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18700131-201-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs>
<hi rend="italic">
<rs id="t18700131-201-punishment-12" type="punishmentDescription">
<interp inst="t18700131-201-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18700131-201-punishment-12" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-201-18700131 t18700131-201-punishment-12"/>Three Months' Imprisonment on the first indictment</rs>, and
<rs id="t18700131-201-punishment-13" type="punishmentDescription">
<interp inst="t18700131-201-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18700131-201-punishment-13" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-201-18700131 t18700131-201-punishment-13"/>Twelve Months' on the second.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18700131-202">
<interp inst="t18700131-202" type="uri" value="sessionsPapers/18700131"/>
<interp inst="t18700131-202" type="date" value="18700131"/>
<join result="criminalCharge" id="t18700131-202-charge-1" targOrder="Y" targets="def1-202-18700131 t18700131-202-offence-1 t18700131-202-verdict-1"/>
<p>202.
<persName id="def1-202-18700131" type="defendantName">
<interp inst="def1-202-18700131" type="gender" value="female"/>
<interp inst="def1-202-18700131" type="age" value="19"/>
<interp inst="def1-202-18700131" type="surname" value="WELCH"/>
<interp inst="def1-202-18700131" type="given" value="MARY ANN"/>
<hi rend="largeCaps">MARY ANN WELCH</hi> (19)</persName>
<rs id="t18700131-202-offence-1" type="offenceDescription">
<interp inst="t18700131-202-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18700131-202-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. CRAUFURD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">B. F. WILLIAMS</hi>
<hi rend="italic">conducted the Prosecution.</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-96" type="witnessName">
<interp inst="t18700131-name-96" type="gender" value="male"/>
<interp inst="t18700131-name-96" type="surname" value="AUSTIN"/>
<interp inst="t18700131-name-96" type="given" value="ALFRED HENRY"/>ALFRED HENRY AUSTIN</persName> </hi>. I am an eating-house keeper, at 125, Ossulston Street, Somers Town—on 5th January, I served the prisoner with a 1/4 lb. of ham—she gave me a florin—I gave her the change, and she left—I after-wards found it was bad, marked it, and took it to the police-station—this is it (
<hi rend="italic">produced</hi>)—I saw the prisoner again two days after, when she came for 2 ozs. of ham, and gave me a bad shilling—I walked round the counter and shut the door, and before I said anything, she said, "I did not know it was bad"—I said, "I did not say it was bad"—I gave her in charge with the shilling.</p>
<p>
<hi rend="italic">Prisoner.</hi> I never said I did not know it was bad, until you told a lady in the shop that it was bad, and showed it to her.
<hi rend="italic">Witness.</hi> That is not true; the lady said that she had taken two or three lately, and asked me if it was bad.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-97" type="witnessName">
<interp inst="t18700131-name-97" type="gender" value="male"/>
<interp inst="t18700131-name-97" type="surname" value="HARSE"/>
<interp inst="t18700131-name-97" type="given" value="JOHN"/>JOHN HARSE</persName> </hi> (
<hi rend="italic">Policeman Y</hi> 309). I took the prisoner on the 7th—she said the shilling was given her by the man she was living with—I received the shilling and florin—she gave a correct address.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-98" type="witnessName">
<interp inst="t18700131-name-98" type="gender" value="male"/>
<interp inst="t18700131-name-98" type="surname" value="WEBSTER"/>
<interp inst="t18700131-name-98" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. I am Inspector of Coin to Her Majesty's Mint—this florin and shilling are bad.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I did not know the shilling was bad. I was never in the shop before.</p>
<p>
<hi rend="smallCaps">
<rs id="t18700131-202-verdict-1" type="verdictDescription">
<interp inst="t18700131-202-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18700131-202-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18700131-202-punishment-14" type="punishmentDescription">
<interp inst="t18700131-202-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18700131-202-punishment-14" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-202-18700131 t18700131-202-punishment-14"/>Eight Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18700131-203">
<interp inst="t18700131-203" type="uri" value="sessionsPapers/18700131"/>
<interp inst="t18700131-203" type="date" value="18700131"/>
<join result="criminalCharge" id="t18700131-203-charge-1" targOrder="Y" targets="def1-203-18700131 t18700131-203-offence-1 t18700131-203-verdict-1"/>
<join result="criminalCharge" id="t18700131-203-charge-2" targOrder="Y" targets="def2-203-18700131 t18700131-203-offence-1 t18700131-203-verdict-1"/>
<xptr type="pageFacsimile" doc="187001310036"/>
<p>203.
<persName id="def1-203-18700131" type="defendantName">
<interp inst="def1-203-18700131" type="gender" value="male"/>
<interp inst="def1-203-18700131" type="age" value="24"/>
<interp inst="def1-203-18700131" type="surname" value="BOLLINSON"/>
<interp inst="def1-203-18700131" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY BOLLINSON</hi> (24)</persName>, and
<persName id="def2-203-18700131" type="defendantName">
<interp inst="def2-203-18700131" type="gender" value="female"/>
<interp inst="def2-203-18700131" type="age" value="24"/>
<interp inst="def2-203-18700131" type="surname" value="BOLLINSON"/>
<interp inst="def2-203-18700131" type="given" value="ELLEN"/>
<hi rend="largeCaps">ELLEN BOLLINSON</hi> (24)</persName>, were indicted for
<rs id="t18700131-203-offence-1" type="offenceDescription">
<interp inst="t18700131-203-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18700131-203-offence-1" type="offenceSubcategory" value="coiningOffences"/> a like offence.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-101" type="witnessName">
<interp inst="t18700131-name-101" type="gender" value="indeterminate"/>
<interp inst="t18700131-name-101" type="surname" value="CRAUFURD"/>
<interp inst="t18700131-name-101" type="given" value="MISSRS"/>MISSRS. CRAUFURD</persName> </hi>
<hi rend="italic">end</hi>
<hi rend="smallCaps">B. F. WILLIAMS</hi>
<hi rend="italic">conduced the Prosesution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-102" type="witnessName">
<interp inst="t18700131-name-102" type="gender" value="female"/>
<interp inst="t18700131-name-102" type="surname" value="SHAW"/>
<interp inst="t18700131-name-102" type="given" value="MARY ANN"/>MART ANN SHAW</persName> </hi>. My husband keeps a milk shop in Stanley Street East—on 21st January, in the evening, I served the female prisoner with three new laid eggs, which came to 4 1/2
<hi rend="italic">d</hi>—she gave me a crown—I called to my husband in the parlour for change—he brought me 4
<hi rend="italic">s</hi>., which I gave her, and the rest out of the till—when she left, I went to the door; she crossed over and joined the male prisoner—I then handed the coin to my husband, who found it was bad—at the time I asked my husband for the change, another woman came in with a child—she afterwards left, and walked behind the prisoners.</p>
<p>
<hi rend="italic">Prisoner Ellen.</hi> I am not the person who gave you the crown.
<hi rend="italic">Witness.</hi> I am sure of you.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-103" type="witnessName">
<interp inst="t18700131-name-103" type="gender" value="male"/>
<interp inst="t18700131-name-103" type="surname" value="SHAW"/>
<interp inst="t18700131-name-103" type="given" value="THOMAS"/>THOMAS SHAW</persName> </hi>. On 21st January, my wife called me into the shop to give change, and I saw the female prisoner there; after she left I bit the crowed, found it was bad, ran out, and saw the prisoners together, and a young girl with them—the prisoner Ellen then had a baby—I followed them to Shoreditch, where I informed an officer, and gave him the crown—I followed him into the White Horse and charged the prisoners.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-104" type="witnessName">
<interp inst="t18700131-name-104" type="gender" value="male"/>
<interp inst="t18700131-name-104" type="surname" value="BENNETT"/>
<interp inst="t18700131-name-104" type="given" value="EDWIN"/>EDWIN BENNETT</persName> </hi> (
<hi rend="italic">Policeman G</hi> 28). Mr. Shaw pointed out the prisoners to me in Shoreditch—
<hi rend="italic">G R</hi> 13 followed them with me to the White Horse—I went in and told the woman she was charged with uttering a crown in Stanley Street—she had a child in her arms—other persons were there, but I cannot say whether she was with them—she said she knew nothing about it—I told the male prisoner, as he was in her company I should search him—he said, "You can do so"—in his breast pocket I found three new laid eggs, and in his trowsers pocket 6
<hi rend="italic">d</hi>. and two halfpence—I took him in custody—going to the station I had him by the right arm, I saw him shake his left arm, and saw something white go from it; a boy picked up two counterfeit crowns in white paper, and handed them to me; I showed them to him, and said, "I saw you throw something away"—he said, "It could not be me, you searched me in the house."</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-105" type="witnessName">
<interp inst="t18700131-name-105" type="gender" value="male"/>
<interp inst="t18700131-name-105" type="surname" value="CLOGG"/>
<interp inst="t18700131-name-105" type="given" value="JOSHUA"/>JOSHUA CLOGG</persName> </hi>. I saw Bennett with the male prisoner outside the White Horse; he threw some money down; I picked it up and gave it to the constable.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-106" type="witnessName">
<interp inst="t18700131-name-106" type="gender" value="male"/>
<interp inst="t18700131-name-106" type="surname" value="HARDY"/>
<interp inst="t18700131-name-106" type="given" value="THOMAS"/>THOMAS HARDY</persName> </hi> (
<hi rend="italic">Policeman G R</hi> 13). I took the female prisoner; the male prisoner was in front of us on the way to the station, and I saw him jerk his left arm; something fell close to my feet, which the boy picked up—fifteen shillings, three florins, and two halfpence were found on the woman; she gave it up voluntarily, and said that it was all she had, and that she had no bad money—I received this bad crown from Mr. Shaw.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-107" type="witnessName">
<interp inst="t18700131-name-107" type="gender" value="male"/>
<interp inst="t18700131-name-107" type="surname" value="WEBSTER"/>
<interp inst="t18700131-name-107" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. The three crowns produced are bad, and from the same mould.</p>
<p>
<hi rend="italic">Henry Bollinson's Defend.</hi> The female prisoner is innocent, and I am guilty.</p>
<p>
<hi rend="italic">Ellen Bollinsar it Defence.</hi> I am innocent; it was the other female.</p>
<p>
<hi rend="smallCaps">
<rs id="t18700131-203-verdict-1" type="verdictDescription">
<interp inst="t18700131-203-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18700131-203-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>*—
<hi rend="italic">
<rs id="t18700131-203-punishment-15" type="punishmentDescription">
<interp inst="t18700131-203-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18700131-203-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-203-18700131 t18700131-203-punishment-15"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-203-18700131 t18700131-203-punishment-15"/>Two Years' Imprisonment each</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18700131-204">
<interp inst="t18700131-204" type="uri" value="sessionsPapers/18700131"/>
<interp inst="t18700131-204" type="date" value="18700131"/>
<join result="criminalCharge" id="t18700131-204-charge-1" targOrder="Y" targets="def1-204-18700131 t18700131-204-offence-1 t18700131-204-verdict-1"/>
<p>204.
<persName id="def1-204-18700131" type="defendantName">
<interp inst="def1-204-18700131" type="gender" value="female"/>
<interp inst="def1-204-18700131" type="age" value="10"/>
<interp inst="def1-204-18700131" type="surname" value="LISBERT"/>
<interp inst="def1-204-18700131" type="given" value="SOPHIA"/>
<hi rend="largeCaps">SOPHIA LISBERT</hi> (10)</persName>, was indicted
<rs id="t18700131-204-offence-1" type="offenceDescription">
<interp inst="t18700131-204-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18700131-204-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. CRAUFURD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">B. F. WILLIAMSM</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-109" type="witnessName">
<interp inst="t18700131-name-109" type="gender" value="male"/>
<interp inst="t18700131-name-109" type="surname" value="TURNER"/>
<interp inst="t18700131-name-109" type="given" value="THOMAS"/>THOMAS TURNER</persName> </hi>, I keep the Refona beer-shop, Waterloo Street, St.</p>
<xptr type="pageFacsimile" doc="187001310037"/>
<p>Luke's—on 38th November I served the prisoner with a half-quartern of port wine, which come to 3
<hi rend="italic">d</hi>.; she tendered 1
<hi rend="italic">s</hi>.; I gave her the wine and the change, and she left; I then noticed that it was bad, and put it by itself—on 1st December, near 10 o'clock at night, she came again with a teacup for some port wine and gave me If.; I told her it was bad, and I should detain her, as she had been there before—she said nothing, and I gave her in charge, with the two shillings.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-110" type="witnessName">
<interp inst="t18700131-name-110" type="gender" value="male"/>
<interp inst="t18700131-name-110" type="surname" value="HARRIS"/>
<interp inst="t18700131-name-110" type="given" value="CHARLES"/>CHARLES HARRIS</persName> </hi> (
<hi rend="italic">Policeman G R</hi> 21). I took the prisoner on 1st Decem
<lb/>ber, and received these coins (
<hi rend="italic">produced</hi>)—I asked her where she got them, and who sent her—she made no reply—I was in uniform—she was taken before a Magistrate, remanded, and discharged on 8th December.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-111" type="witnessName">
<interp inst="t18700131-name-111" type="gender" value="male"/>
<interp inst="t18700131-name-111" type="surname" value="BOLLARD"/>
<interp inst="t18700131-name-111" type="given" value="ALFRED"/>ALFRED BOLLARD</persName> </hi>. I live with my father, a confectioner—on 5th January I served the prisoner with some candy; she gave me a bad 6
<hi rend="italic">d</hi>.; I called my father, and gave it to him; he sent for a constable.</p>
<p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to the Prisoner. Q.</hi> Who gave it to you?
<hi rend="italic">A.</hi> My mother, sir.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-112" type="witnessName">
<interp inst="t18700131-name-112" type="gender" value="male"/>
<interp inst="t18700131-name-112" type="surname" value="BOLLARD"/>
<interp inst="t18700131-name-112" type="given" value="JOHN"/>JOHN BOLLARD</persName> </hi>. I have heard what my son has said, it is correct—my mother asked the prisoner where she got the 6
<hi rend="italic">d</hi>.—she said that her aunt gave it to her; we asked where her aunt lived—she said she did not know—I gave her in charge.</p>
<p>
<hi rend="italic">Prisoner.</hi> I did not say it was my aunt; it was my mother.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-113" type="witnessName">
<interp inst="t18700131-name-113" type="gender" value="male"/>
<interp inst="t18700131-name-113" type="surname" value="GOODCHILD"/>
<interp inst="t18700131-name-113" type="given" value="JOHN"/>JOHN GOODCHILD</persName> </hi> (
<hi rend="italic">Policeman G</hi> 122). I took the child in custody, and received this bad 6
<hi rend="italic">d</hi>.—I asked her where she got it—she said her aunt gave it her—I asked where her aunt lived—she said she did not know—I asked her where she lived—she refused her address, but gave her name—1
<hi rend="italic">d</hi>. was found on her.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-114" type="witnessName">
<interp inst="t18700131-name-114" type="gender" value="male"/>
<interp inst="t18700131-name-114" type="surname" value="WEBSTER"/>
<interp inst="t18700131-name-114" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These two shillings and the 6
<hi rend="italic">d</hi>. are bad.</p>
<p>
<hi rend="smallCaps">
<rs id="t18700131-204-verdict-1" type="verdictDescription">
<interp inst="t18700131-204-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18700131-204-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>,
<hi rend="italic">believing her to have acted under the influence of others.</hi> </p> </div1>
<div1 type="trialAccount" id="t18700131-205">
<interp inst="t18700131-205" type="uri" value="sessionsPapers/18700131"/>
<interp inst="t18700131-205" type="date" value="18700131"/>
<join result="criminalCharge" id="t18700131-205-charge-1" targOrder="Y" targets="def1-205-18700131 t18700131-205-offence-1 t18700131-205-verdict-1"/>
<p>205.
<persName id="def1-205-18700131" type="defendantName">
<interp inst="def1-205-18700131" type="gender" value="female"/>
<interp inst="def1-205-18700131" type="age" value="22"/>
<interp inst="def1-205-18700131" type="surname" value="PHILLIPS"/>
<interp inst="def1-205-18700131" type="given" value="SUSAN"/>
<hi rend="largeCaps">SUSAN PHILLIPS</hi> (22)</persName>, was indicted
<rs id="t18700131-205-offence-1" type="offenceDescription">
<interp inst="t18700131-205-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18700131-205-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. CRAUFURD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">B. F. WILLIAMS</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-116" type="witnessName">
<interp inst="t18700131-name-116" type="gender" value="male"/>
<interp inst="t18700131-name-116" type="surname" value="MOORE"/>
<interp inst="t18700131-name-116" type="given" value="WILLIAM JAMES"/>WILLIAM JAMES MOORE</persName> </hi>. I assist my father, who keeps the Red Lion, Hanway Street—on 5th January the prisoner came in for twopennyworth of gin, and gave me a shilling—just as she had gone out I found it was bad—she came again on the 12th; I recognized her immediately she came in—she asked for twopennyworth of gin, and tendered another bad shilling; I bent it, and gave her in charge, with the shilling—she said that she had been at home six weeks, and was not there the Wednesday before.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-117" type="witnessName">
<interp inst="t18700131-name-117" type="gender" value="male"/>
<interp inst="t18700131-name-117" type="surname" value="MIDDLETON"/>
<interp inst="t18700131-name-117" type="given" value="JOHN"/>JOHN MIDDLETON</persName> </hi>. I am constable of Hanway Street—I took the prisoner on 12th January and asked her if she had got any more about her—she said, "No," and handed me a good shilling and 1
<hi rend="italic">d</hi>.—she gave her address Victoria Villas, Poplar, which I knew to be false—I received these two bad shillings from Mr. Moore.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-118" type="witnessName">
<interp inst="t18700131-name-118" type="gender" value="male"/>
<interp inst="t18700131-name-118" type="surname" value="WEBSTER"/>
<interp inst="t18700131-name-118" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These shillings are both bad.</p>
<p>
<hi rend="smallCaps">
<rs id="t18700131-205-verdict-1" type="verdictDescription">
<interp inst="t18700131-205-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18700131-205-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">She was further charged with a former conviction at this Court, in Janttary,</hi> 1863,
<hi rend="italic">to which the</hi>
<hi rend="smallCaps">PLEASED GUILTY</hi>
<hi rend="italic">
<rs id="t18700131-205-punishment-16" type="punishmentDescription">
<interp inst="t18700131-205-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18700131-205-punishment-16" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-205-18700131 t18700131-205-punishment-16"/>Five Years' Penal Ser
<lb/>vitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18700131-206">
<interp inst="t18700131-206" type="uri" value="sessionsPapers/18700131"/>
<interp inst="t18700131-206" type="date" value="18700131"/>
<join result="criminalCharge" id="t18700131-206-charge-1" targOrder="Y" targets="def1-206-18700131 t18700131-206-offence-1 t18700131-206-verdict-1"/>
<p>206.
<persName id="def1-206-18700131" type="defendantName">
<interp inst="def1-206-18700131" type="gender" value="male"/>
<interp inst="def1-206-18700131" type="age" value="22"/>
<interp inst="def1-206-18700131" type="surname" value="GAYTON"/>
<interp inst="def1-206-18700131" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM GAYTON</hi> (22)</persName>
<rs id="t18700131-206-offence-1" type="offenceDescription">
<interp inst="t18700131-206-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18700131-206-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully having counterfeit coin in his possession, with intent to utter it.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. CRAUFURD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">B F. WILLIAMS</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-120" type="witnessName">
<interp inst="t18700131-name-120" type="gender" value="female"/>
<interp inst="t18700131-name-120" type="surname" value="BAILEY"/>
<interp inst="t18700131-name-120" type="given" value="LOUISA"/>LOUISA BAILEY</persName> </hi>. I am ten years old—on 8th January, about 10 o'clock at night, the prisoner spoke to me at the corner of William Street (I had seen him before)</p>
<xptr type="pageFacsimile" doc="187001310038"/>
<p>—he said, "Little girl, will you go and get a stick of celery at Mr. Blogg's?"—that was only just round the corner—he gave me a florin, which I gave to Mr. Blogg, who kept it, and I went back to the prisoner, at the corner of William Street, and told him he was to go back to Mr. Blogg—he said, "I have made a mistake," and went away.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-121" type="witnessName">
<interp inst="t18700131-name-121" type="gender" value="male"/>
<interp inst="t18700131-name-121" type="surname" value="BLOGG"/>
<interp inst="t18700131-name-121" type="given" value="JOSEPH"/>JOSEPH BLOGG</persName> </hi>. I am a greengrocer, of 42, Marylebone Lane—on Satur-day night, 8th January, the last witness came in for a stick of celery and tendered a bad florin—I went out, but could not see the person who had sent her—I tried it with my teeth, and it was soft—I put it in the scale, and my young man took it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-122" type="witnessName">
<interp inst="t18700131-name-122" type="gender" value="male"/>
<interp inst="t18700131-name-122" type="surname" value="PRICE"/>
<interp inst="t18700131-name-122" type="given" value="JAMES"/>JAMES PRICE</persName> </hi>. I shall be nine years old in April—I live at 21, James Street, Oxford Street—on Saturday night, 8th January, about 9 o'clock, I was in Wigmore Street, and saw Russell there (
<hi rend="italic">see next case</hi>)—he said, "Here,
<hi rend="italic">Jimmy,</hi> run over the way and get me a 1/2 lb. of steak"—he gave me a florin—I went to the butcher's, got the steak, which came to 5
<hi rend="italic">d</hi>., and took it with the change to Russell—I went down to Marylebone Lane, and as I came back the prisoner stopped me, and said, "
<hi rend="italic">Tommy,</hi> you know the oil shop over the way?"—I said, "Yes"—he said, "Go in and get me a 1/2 lb. of candles"—he gave me a florin; I got the candles and change and came out, but could not find the prisoner—a third man, not Russell, took the candles and change, and he gave me a halfpenny—he was with the prisoner when he gave me the florin—I did not see the prisoner again.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-123" type="witnessName">
<interp inst="t18700131-name-123" type="gender" value="male"/>
<interp inst="t18700131-name-123" type="surname" value="WAY"/>
<interp inst="t18700131-name-123" type="given" value="THOMAS EDWARD"/>THOMAS EDWARD WAY</persName> </hi>. I am a butcher, of 65, Wigmore Street—on Saturday, 8th January, I went to the station, and was shown some steak, wrapped in similar paper to what I was using—I found three bad florins in my till, that night, and gave them to King, at the station, having marked these two (
<hi rend="italic">produced</hi>)—I bent them in a detector; they are both of 1864—I did not serve the steak.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-124" type="witnessName">
<interp inst="t18700131-name-124" type="gender" value="male"/>
<interp inst="t18700131-name-124" type="surname" value="WHITE"/>
<interp inst="t18700131-name-124" type="given" value="THOMAS"/>THOMAS WHITE</persName> </hi>. I serve in Mr. Winnington's oil shop, High Street, Marylebone—I served a little boy with some candles, and got this florin from him (
<hi rend="italic">produced</hi>)—I put it in the till, where there were others, and gave him the change—Mr. Winnington took a bad florin out of the till twenty minutes afterwards—all the rest were good—the candles were done up in paper, without string—I have identified the paper since.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-125" type="witnessName">
<interp inst="t18700131-name-125" type="gender" value="male"/>
<interp inst="t18700131-name-125" type="surname" value="CHRISTIE"/>
<interp inst="t18700131-name-125" type="given" value="JAMES"/>JAMES CHRISTIE</persName> </hi>. I am a sail and sack maker, of 7, Paddington Street—on Saturday night, 8th January, I saw the prisoner in the Rising Sun, Paddington Street, and Russell on the opposite side of the road—a third man, who has been discharged, was mending a cab outside the public-house—I saw Russell give a florin to the little girl, who went in and changed it—the prisoner then came out, and beckoned to Russell, who took off his hat to him, and came and took the change from the girl, and a little bottle of rum—the prisoner then went in and drunk a glass of ale—I informed King, the detective—I afterwards saw the prisoner come out of the cab, and Russell cross the road, near the cab—the police then came and took them, and I drove the cab to the station-house, and saw it searched by Sagan—it contained candles, steaks, chops, tobacco, a pair of mitts, a bottle of rum, some soap, and some scidlitz powders.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-126" type="witnessName">
<interp inst="t18700131-name-126" type="gender" value="male"/>
<interp inst="t18700131-name-126" type="surname" value="KING"/>
<interp inst="t18700131-name-126" type="given" value="GEORGE"/>GEORGE KING</persName> </hi> (
<hi rend="italic">Policeman D</hi> 76) Christie fetched me from the station—I went to the corner of Paddington Street, and saw Russell there, shifting his hat—I seized him, and handed him to a constable—I crossed the road, and saw a man named Jones standing with a Hansom's cab, at the door of a public-house, and handed him to a constable—I then met the prisoner</p>
<xptr type="pageFacsimile" doc="187001310039"/>
<p>coming out of a public-house, wearing this cabman's badge, No. 10,970—I seized him, and handed him to Wood—I directed Christie to drive the cab to the station, and went and assisted in taking Russell, who I searched at the station, and found eight shillings, some sixpences, and other good money—on the prisoner I found two packets, unsealed, with seven florins in each, with tissue paper between them, and one packet containing twelve shillings, wrapped in the same way, and sealed—I laid them on the table, and he said, "You have got it now; you will find some more in my boots, if you look"—I said, "Then pull them off"—he pulled them off, and there was nothing there—I also found on him a shilling and two sixpences, good, and some halfpence—I received four florins from Way, one from White's employer, four from Mr. Simmonda, a publican, in High Street, and another from a fishmonger, in Marylebone Lane—I do not know whether the prisoner is a cabman.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-127" type="witnessName">
<interp inst="t18700131-name-127" type="gender" value="male"/>
<interp inst="t18700131-name-127" type="surname" value="SAGAN"/>
<interp inst="t18700131-name-127" type="given" value="JAMES"/>JAMES SAGAN</persName> </hi> (
<hi rend="italic">Policeman D</hi> 63). I searched the cab, and found the candles and other articles—the papers on them were identified by the tradespeople.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-128" type="witnessName">
<interp inst="t18700131-name-128" type="gender" value="male"/>
<interp inst="t18700131-name-128" type="surname" value="WOODS"/>
<interp inst="t18700131-name-128" type="given" value="THOMAS"/>THOMAS WOODS</persName> </hi> (
<hi rend="italic">Policeman D</hi> 179). I took the prisoner—he resisted very violently—I had him by the left hand; he tried to put it into his pocket—I took him by the right hand, and he dropped something—he still resisted, and I got another constable to assist me.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-129" type="witnessName">
<interp inst="t18700131-name-129" type="gender" value="male"/>
<interp inst="t18700131-name-129" type="surname" value="DARNELL"/>
<interp inst="t18700131-name-129" type="given" value="JOHN WILLIAM"/>JOHN WILLIAM DARNELL</persName> </hi>. I am a cabman, of 6, Phillips' Buildings, Somers Town—I gave my Hansom's cab to the prisoner about 7 p.m., and asked him to take it home for me—I have seen him about cab stands for two months—I did not give him my badge, I left it on the seat of the cab, while I went into the public-house—this is my badge.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-130" type="witnessName">
<interp inst="t18700131-name-130" type="gender" value="male"/>
<interp inst="t18700131-name-130" type="surname" value="WEBSTER"/>
<interp inst="t18700131-name-130" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. The coins produced are all bad—these four florins of Mr. Way's are one of 1859, and three of 1864, the latter from one mould—this florin of Mr. White's is from 1859, and from the same mould as the other of that date—here are several others from the mould of 1864.</p>
<p>
<hi rend="italic">The prisoner produced a written defence, dating that he was entrusted with the cab to take home, but that two men hired him and gave him drink, and he did not know what was in the cab, and that Bussell was a perfect stranger to him.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18700131-206-verdict-1" type="verdictDescription">
<interp inst="t18700131-206-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18700131-206-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<p>
<hi rend="italic">He was further charged with having been before convicted of a like offence in April,</hi> 1869,
<hi rend="italic">to which he</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>. (
<hi rend="italic">See next case</hi>).</p> </div1>
<div1 type="trialAccount" id="t18700131-207">
<interp inst="t18700131-207" type="uri" value="sessionsPapers/18700131"/>
<interp inst="t18700131-207" type="date" value="18700131"/>
<join result="criminalCharge" id="t18700131-207-charge-1" targOrder="Y" targets="def1-207-18700131 t18700131-207-offence-1 t18700131-207-verdict-1"/>
<join result="criminalCharge" id="t18700131-207-charge-2" targOrder="Y" targets="def2-207-18700131 t18700131-207-offence-1 t18700131-207-verdict-2"/>
<p>207.
<persName id="def1-207-18700131" type="defendantName">
<interp inst="def1-207-18700131" type="gender" value="male"/>
<interp inst="def1-207-18700131" type="surname" value="GAYTON"/>
<interp inst="def1-207-18700131" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM GAYTON</hi> </persName> was
<hi rend="italic">again</hi> indicted with
<persName id="def2-207-18700131" type="defendantName">
<interp inst="def2-207-18700131" type="gender" value="male"/>
<interp inst="def2-207-18700131" type="age" value="19"/>
<interp inst="def2-207-18700131" type="surname" value="RUSSELL"/>
<interp inst="def2-207-18700131" type="given" value="EDWARD"/>
<hi rend="largeCaps">EDWARD RUSSELL</hi> (19)</persName>
<rs id="t18700131-207-offence-1" type="offenceDescription">
<interp inst="t18700131-207-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18700131-207-offence-1" type="offenceSubcategory" value="coiningOffences"/>, for a like offence.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. CRAUFURD</hi>
<hi rend="italic">and</hi> B. F.
<hi rend="smallCaps">WILLIAMS</hi>
<hi rend="italic">conducted the Prosecution</hi>; and</p>
<p>
<hi rend="smallCaps">MR. BROMBY</hi>
<hi rend="italic">defended Russell.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-133" type="witnessName">
<interp inst="t18700131-name-133" type="gender" value="male"/>
<interp inst="t18700131-name-133" type="surname" value="PRICE"/>
<interp inst="t18700131-name-133" type="given" value="JAMES"/>JAMES PRICE</persName> </hi>
<hi rend="italic">repeated his former evidence.</hi> </p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Where did you first see the man you call Ruisell?
<hi rend="italic">A.</hi> Only that night; he was in St. John's Court, going out of Wigmore Street—I have always been sure of him—when I saw Gayton he was in Marylebone Lane—I saw three men at the Police Court—the policeman did not tell me who they were, I knew—I said before the Magistrate that the policeman came up to me and said, "Those are the three men; are they the men Who gave you the money?"—I then said that I remembered them, I had not said anything about them before.</p>
<p>
<hi rend="smallCaps">MR. CRAUFURD</hi>.
<hi rend="italic">Q.</hi> Who asked you to point out the men at the station?
<hi rend="italic">A.</hi> Mr. King—my father took me to the station and I saw thro men in</p>
<xptr type="pageFacsimile" doc="187001310040"/>
<p>custody, the two prisoners and another man—I knew them as soon as I went in.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-134" type="witnessName">
<interp inst="t18700131-name-134" type="gender" value="male"/>
<interp inst="t18700131-name-134" type="surname" value="WAY"/>
<interp inst="t18700131-name-134" type="given" value="THOMAS EDWARD"/>THOMAS EDWARD WAY</persName> </hi>
<hi rend="italic">repeated his former evidence.</hi> </p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> I suppose you sell a great many half pounds of steak on Saturday nights?
<hi rend="italic">A.</hi> Yes, it goes on for some hours—they are always put in the same kind of paper as this was.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-135" type="witnessName">
<interp inst="t18700131-name-135" type="gender" value="male"/>
<interp inst="t18700131-name-135" type="surname" value="CHRISTIE"/>
<interp inst="t18700131-name-135" type="given" value="JAMES"/>JAMES CHRISTIE</persName> </hi>
<hi rend="italic">repealed his former evidence.</hi> </p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> When Gayton came out, did he call Russell over?
<hi rend="italic">A.</hi> He beckoned him over, and they talked two or three minutes.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-136" type="witnessName">
<interp inst="t18700131-name-136" type="gender" value="male"/>
<interp inst="t18700131-name-136" type="surname" value="KING"/>
<interp inst="t18700131-name-136" type="given" value="GEORGE"/>GEORGE KING</persName> </hi>
<hi rend="italic">repeated his former, evidence.</hi> </p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> You did not see Russell with the other men at all?
<hi rend="italic">A.</hi> No, he stood on the opposite side of the way.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-137" type="witnessName">
<interp inst="t18700131-name-137" type="gender" value="male"/>
<interp inst="t18700131-name-137" type="surname" value="WEBSTER"/>
<interp inst="t18700131-name-137" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>
<hi rend="italic">repeated his former evidence.</hi> </p>
<p>
<hi rend="largeCaps">GAYTON</hi>
<hi rend="smallCaps">
<rs id="t18700131-207-verdict-1" type="verdictDescription">
<interp inst="t18700131-207-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18700131-207-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18700131-207-punishment-17" type="punishmentDescription">
<interp inst="t18700131-207-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18700131-207-punishment-17" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-207-18700131 t18700131-207-punishment-17"/>Five Years Penal Servitude.</rs> </hi> </p>
<p>
<hi rend="largeCaps">RUSSELL</hi>
<hi rend="smallCaps">
<rs id="t18700131-207-verdict-2" type="verdictDescription">
<interp inst="t18700131-207-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18700131-207-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18700131-207-punishment-18" type="punishmentDescription">
<interp inst="t18700131-207-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18700131-207-punishment-18" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-207-18700131 t18700131-207-punishment-18"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18700131-208">
<interp inst="t18700131-208" type="uri" value="sessionsPapers/18700131"/>
<interp inst="t18700131-208" type="date" value="18700131"/>
<join result="criminalCharge" id="t18700131-208-charge-1" targOrder="Y" targets="def1-208-18700131 t18700131-208-offence-1 t18700131-208-verdict-1"/>
<p>208.
<persName id="def1-208-18700131" type="defendantName">
<interp inst="def1-208-18700131" type="gender" value="female"/>
<interp inst="def1-208-18700131" type="age" value="45"/>
<interp inst="def1-208-18700131" type="surname" value="BISHOP"/>
<interp inst="def1-208-18700131" type="given" value="SARAH"/>
<hi rend="largeCaps">SARAH BISHOP</hi> (45)</persName>
<rs id="t18700131-208-offence-1" type="offenceDescription">
<interp inst="t18700131-208-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18700131-208-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<p>
<hi rend="smallCaps">MR. CRAUFURD</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. PATER</hi>
<hi rend="italic">the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-139" type="witnessName">
<interp inst="t18700131-name-139" type="gender" value="female"/>
<interp inst="t18700131-name-139" type="surname" value="PLIMLEY"/>
<interp inst="t18700131-name-139" type="given" value="ELIZA JANE"/>ELIZA JANE PLIMLEY</persName> </hi>. My father keeps a greengrocer's shop, at Bays-water—on the Wednesday or Thursday before Christmas, the prisoner came in for 4
<hi rend="italic">d</hi>. worth of Brussels sprouts—she gave me a shilling—I gave her the change, and she left—I kept the shilling in my hand, and gave it to my father—I pointed out the prisoner, and he spoke to her.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Were you very busy that day?
<hi rend="italic">A.</hi> Yes, but there were not a number of people in the shop at the time—I had seen the pri
<lb/>soner once before; a fortnight previously.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-140" type="witnessName">
<interp inst="t18700131-name-140" type="gender" value="male"/>
<interp inst="t18700131-name-140" type="surname" value="PLIMLEY"/>
<interp inst="t18700131-name-140" type="given" value="FRANCIS"/>FRANCIS PLIMLEY</persName> </hi>. I am the father of the last witness—she gave me a bad shilling, and pointed out the prisoner—I stopped her a few yards from the shop, and said, "You have given my daughter a bad shilling, and I am afraid it is not the first"—she took it from my hand, and gave me two good sixpences—on 15th January, about the middle of the day, I saw her passing my shop, on the opposite side—I am snore she is the same woman—I watched her into Mr. Tyrrell's shop, and went in when chef came out, and spoke to Miss Tyrrell, at the desk, who gave me two shillings, one of which was bad—the prisoner then went to Mr. Short's, a few doors farther on, and then I saw her given in custody.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Bow did you test the shilling?
<hi rend="italic">A.</hi> I put it between my teeth.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-141" type="witnessName">
<interp inst="t18700131-name-141" type="gender" value="male"/>
<interp inst="t18700131-name-141" type="surname" value="TYRRELL"/>
<interp inst="t18700131-name-141" type="given" value="GEORGE"/>GEORGE TYRRELL</persName> </hi>. I am a butcher, of 8, Orchard Street, Bayswater—on 15th January I served the prisoner with meat, which came to 1
<hi rend="italic">s</hi>. 5 1/2
<hi rend="italic">d</hi>.—she gave me two shillings—my sister was at the desk; she had moved them, but had not put them in the till when Mr. Plimley came in—the prisoner had then left with the meat.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Did you think the shilling was good, and did your lister take it?
<hi rend="italic">A.</hi> Yes.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-142" type="witnessName">
<interp inst="t18700131-name-142" type="gender" value="male"/>
<interp inst="t18700131-name-142" type="surname" value="SHORT"/>
<interp inst="t18700131-name-142" type="given" value="JAMES"/>JAMES SHORT</persName> </hi>. I am a greengrocer—on 11th January, about 1 o'clock, I served the prisoner with two Spanish onions, which came to 2
<hi rend="italic">d</hi>.—she gave me a shilling—I gave her 10
<hi rend="italic">d</hi>., and she left—I put the shilling in a till, with coppers only—59
<hi rend="italic">X</hi> then came in, and I gave it to him—I tried it, and it was soft.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> When you received it, did you believe it was I good?
<hi rend="italic">A.</hi> Yes—there was silver where I put it, but no shillings, as I examined to see.</p>
<xptr type="pageFacsimile" doc="187001310041"/>
<p>MR. CRAUFURD.
<hi rend="italic">Q.</hi> I suppose the silver was in a different bowl to the copper?
<hi rend="italic">A.</hi> Yes, and the shilling I received from the prisoner I put where there was nothing but copper.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-143" type="witnessName">
<interp inst="t18700131-name-143" type="gender" value="male"/>
<interp inst="t18700131-name-143" type="surname" value="DAW"/>
<interp inst="t18700131-name-143" type="given" value="GEORGE"/>GEORGE DAW</persName> </hi> (
<hi rend="italic">Policeman X</hi> 59) I received information from Mr. Plimley, went to Mr. Short's shop, and saw the prisoner coming out—I reached over the counter, looked into the till, and saw a shilling, with some coppers, and no silver near—he handed it to me, and I found it was bad—I took the prisoner at Mr. Tyrrell's, and told her the charge—she said, "I do not believe I passed it"—she was searched, and a shilling, seven six-pences, a fourpenny piece, two threepenny pieces, 1
<hi rend="italic">s</hi>. 3 1/2
<hi rend="italic">d</hi>. in copper, 5
<hi rend="italic">s</hi>. worth of postage stamps, some potatoes, onions, a bottle of ink, and two 1/4 lbs. of tea were found on her—I produce the coins.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Did you tell her where she had passed the two shilling?
<hi rend="italic">A.</hi> She was in the shop where she had passed one, Mr. Tyrrell's—all the money I found on her was good.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-144" type="witnessName">
<interp inst="t18700131-name-144" type="gender" value="male"/>
<interp inst="t18700131-name-144" type="surname" value="WEBSTER"/>
<interp inst="t18700131-name-144" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These two shillings are bad, and from the same mould.</p>
<p>
<hi rend="smallCaps">
<rs id="t18700131-208-verdict-1" type="verdictDescription">
<interp inst="t18700131-208-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18700131-208-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>*—
<hi rend="italic">
<rs id="t18700131-208-punishment-19" type="punishmentDescription">
<interp inst="t18700131-208-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18700131-208-punishment-19" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-208-18700131 t18700131-208-punishment-19"/>Twelve Months' Imprisonment</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18700131-209">
<interp inst="t18700131-209" type="uri" value="sessionsPapers/18700131"/>
<interp inst="t18700131-209" type="date" value="18700131"/>
<join result="criminalCharge" id="t18700131-209-charge-1" targOrder="Y" targets="def1-209-18700131 t18700131-209-offence-1 t18700131-209-verdict-1"/>
<join result="criminalCharge" id="t18700131-209-charge-2" targOrder="Y" targets="def2-209-18700131 t18700131-209-offence-1 t18700131-209-verdict-2"/>
<p>209.
<persName id="def1-209-18700131" type="defendantName">
<interp inst="def1-209-18700131" type="gender" value="male"/>
<interp inst="def1-209-18700131" type="age" value="30"/>
<interp inst="def1-209-18700131" type="surname" value="COOK"/>
<interp inst="def1-209-18700131" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY COOK</hi> (30)</persName>, and
<persName id="def2-209-18700131" type="defendantName">
<interp inst="def2-209-18700131" type="gender" value="male"/>
<interp inst="def2-209-18700131" type="age" value="16"/>
<interp inst="def2-209-18700131" type="surname" value="GEORGE"/>
<interp inst="def2-209-18700131" type="given" value="FRANCIS"/>
<hi rend="largeCaps">FRANCIS ST. GEORGE</hi> (16)</persName>
<rs id="t18700131-209-offence-1" type="offenceDescription">
<interp inst="t18700131-209-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18700131-209-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, Breaking and entering the warehouse of
<persName id="t18700131-name-147" type="victimName">
<interp inst="t18700131-name-147" type="gender" value="male"/>
<interp inst="t18700131-name-147" type="surname" value="GREENWOOD"/>
<interp inst="t18700131-name-147" type="given" value="JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t18700131-209-offence-1 t18700131-name-147"/>Joseph Greenwood</persName>, and stealing therein four shawls, a table cover, and other articles, his property.</rs> </p>
<p>
<hi rend="largeCaps">COOK</hi>
<hi rend="smallCaps">
<rs id="t18700131-209-verdict-1" type="verdictDescription">
<interp inst="t18700131-209-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18700131-209-verdict-1" type="verdictSubcategory" value="pleadedPartGuilty"/>PLEADED GUILTY to the stealing only—</rs> </hi>
<hi rend="italic">
<rs id="t18700131-209-punishment-20" type="punishmentDescription">
<interp inst="t18700131-209-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18700131-209-punishment-20" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-209-18700131 t18700131-209-punishment-20"/>Twelve Months' Imprisonment.</rs> </hi>
<hi rend="smallCaps">MR. BROMBR</hi>, for
<hi rend="italic">the Prosecution, offered no evidence against</hi> </p>
<p>
<hi rend="largeCaps">ST. GEORGE</hi>
<hi rend="smallCaps">
<rs id="t18700131-209-verdict-2" type="verdictDescription">
<interp inst="t18700131-209-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18700131-209-verdict-2" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, February</hi> 2
<hi rend="italic">nd</hi>, 1870.</p>
<p>
<hi rend="italic">Before Mr. Justice Byles.</hi> </p>
<div1 type="trialAccount" id="t18700131-210">
<interp inst="t18700131-210" type="uri" value="sessionsPapers/18700131"/>
<interp inst="t18700131-210" type="date" value="18700131"/>
<join result="criminalCharge" id="t18700131-210-charge-1" targOrder="Y" targets="def1-210-18700131 t18700131-210-offence-1 t18700131-210-verdict-1"/>
<join result="criminalCharge" id="t18700131-210-charge-2" targOrder="Y" targets="def2-210-18700131 t18700131-210-offence-1 t18700131-210-verdict-2"/>
<p>210.
<persName id="def1-210-18700131" type="defendantName">
<interp inst="def1-210-18700131" type="gender" value="male"/>
<interp inst="def1-210-18700131" type="age" value="44"/>
<interp inst="def1-210-18700131" type="surname" value="BROWN"/>
<interp inst="def1-210-18700131" type="given" value="FRANCIS"/>
<hi rend="largeCaps">FRANCIS BROWN</hi> (44)</persName>, and
<persName id="def2-210-18700131" type="defendantName">
<interp inst="def2-210-18700131" type="gender" value="male"/>
<interp inst="def2-210-18700131" type="age" value="17"/>
<interp inst="def2-210-18700131" type="surname" value="TERRY"/>
<interp inst="def2-210-18700131" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES TERRY</hi> (17)</persName>
<rs id="t18700131-210-offence-1" type="offenceDescription">
<interp inst="t18700131-210-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18700131-210-offence-1" type="offenceSubcategory" value="fraud"/>, Unlawfully conspiring, with others unknown, to obtain from
<persName id="t18700131-name-150" type="victimName">
<interp inst="t18700131-name-150" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18700131-210-offence-1 t18700131-name-150"/>the Monarch Insurance Company Limited</persName>, 200
<hi rend="italic">l</hi>., with intent to defraud.</rs> </p>
<p>
<hi rend="largeCaps">BROWN</hi>
<hi rend="smallCaps">
<rs id="t18700131-210-verdict-1" type="verdictDescription">
<interp inst="t18700131-210-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18700131-210-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18700131-210-punishment-21" type="punishmentDescription">
<interp inst="t18700131-210-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18700131-210-punishment-21" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-210-18700131 t18700131-210-punishment-21"/>Fifteen Years' Penal Servitude.</rs> </hi> </p>
<p>
<hi rend="smallCaps">MESSRS. F. H. LEWIS</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MACRAW MOIR</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-151" type="witnessName">
<interp inst="t18700131-name-151" type="gender" value="male"/>
<interp inst="t18700131-name-151" type="surname" value="HILL"/>
<interp inst="t18700131-name-151" type="given" value="EDWARD"/>EDWARD HILL</persName> </hi>. I am second underwriter in the Monarch Insurance Company's offices, at 2
<hi rend="italic">l</hi>., Finch Lane—on 8th November, 1869, the prisoner, Brown, came to the office, and effected two insurances—these are the two policies—they are upon barrels of herrings—one is for 100 barrels, in the ship,
<hi rend="italic">James,</hi> from London to Fecamp—he told me he was a fish curer, at Gravesend, and he gave me this card, "Francis Brown, jerring curer and general fish dealer, 73, Peppercroft Street, Gravesend"—I told him the policies would be ready on the 10th—he said he would send a messenger from Gravesend for them on the 10th—I don't know whether he called on the 10th—he certainly called on 11th November, and had the policies—on 15th November, about 11 o'clock in the morning, he came again to the office—I saw him; he had a boy with him—I recognize Terry as the boy who came with Brown on the subsequent occasion; but I can't swear to him on the 15th—he was a boy of that appearance—he had a basket with him—Brown told a very pitiful tale about his loss; he began by saying it was a very unfortunate affair the poor fellows were gone, that they had struck on a piece of wreck; that it was with very great difficulty he and the boy got away, the boy being in the cabin; that the master and men were lost, and he managed, with the boy, to get into the boat with great difficulty,</p>
<xptr type="pageFacsimile" doc="187001310042"/>
<p>and they were picked up by a French lugger, and taken to Margate, from whence they were forwarded by the Shipwrecked Mariners' Society—he said they were picked up on the Sunday evening previous—this was on the Monday—ho handed me a letter from Mr. Stranach, the agent of the Ship
<lb/>wrecked Mariners' Society, at Margate—this is the letter—(
<hi rend="italic">Read</hi>: "Mr. Francis Brown, having, through misfortune, been shipwrecked, has been received by the agent of the Shipwrecked Mariners' Society, and provided with a bed and free passage to London; also James Terry, of Gravesend, belonging to the same vessel, namely, the sloop,
<hi rend="italic">James,</hi> of London. Signed, Jeremiah Stranach, Honorary Agent"—all the statements that I have given were made by Brown, in the presence of the boy, and he acquiesced in one or two points—Brown appealed to him with regard to the difficulty of getting away from the wreck, and he nodded his head—he went on telling me of the difficulty he had to get away, for some time—I told him that he had better send me the policy and bill of lading, and I supposed, as the survivor, he would have to make a protest—on the following day, Tuesday, I received this bill of lading, with a letter and the policy, by the first post—it purports to be signed by him—(
<hi rend="italic">Read:</hi> "Gravesend, November 15th. Signed, Francis Brown. Dear sir, I have sent the policy and the bill of lading, which I hope you will receive safely. If you will please to look in Monday's
<hi rend="italic">Shipping Gazette,</hi> you will find the vessel reported. If you wish to see me in the matter, please communicate with me as under, 73, Peppercroft Street; I will come up if possible; but my foot is so extremely bad that I can scarcely stand, therefore you had better write ")—I did not notice that he was lame when I saw him—(
<hi rend="italic">The bill of lading was for</hi> 100
<hi rend="italic">barrels of herrings, dated 11th November, and purported to be signed by Thomas Moore, master of the ship, James</hi>)—I have looked carefully through that document—I don't see any party signing his name as consignee—on 22nd November I received another letter, signed, "Francis Brown," and wrote an answer, of which I have a copy—the note of protest came in the second letter—this is it—on 6th December the two prisoners came to the office—Brown asked for the underwriter, Mr. Tatlock—he told him he had brought the boy with him, and wanted to know if he wished to ask him any questions, as the boy wished to be off—the boy said nothing—on 10th December, according to appointment, Brown came alone, for his cheque for the loss—the boy was not with him—I gave him this cheque—(
<hi rend="italic">This was dated 10th December,</hi> 1869,
<hi rend="italic">on the Union Bank of London, for</hi> 200
<hi rend="italic">l</hi>.,
<hi rend="italic">in favour of Francis Brown, or order, and signed by the directors. The receipt was dated London,</hi> 10th
<hi rend="italic">December,</hi> 1869;
<hi rend="italic">signed, Francis Brown. Received of the Monarch Insurance Company Limited,</hi> 200
<hi rend="italic">l</hi>.,
<hi rend="italic">per James, policy No.</hi> 941)—I am not able to say whether that was the basket the boy had (
<hi rend="italic">looking at one produced</hi>)—it was one similar to that—I saw it on the first interview, when he told us of the loos.</p>
<p>
<hi rend="italic">Terry.</hi> The gentleman never asked me any question, or I should have told him.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-152" type="witnessName">
<interp inst="t18700131-name-152" type="gender" value="male"/>
<interp inst="t18700131-name-152" type="surname" value="ARNOLD"/>
<interp inst="t18700131-name-152" type="given" value="GEORGE MATTHEW"/>GEORGE MATTHEW ARNOLD</persName> </hi>. I am A solicitor and notary, practising at Gravesend—on 1st December the two prisoners came to my office, and this extended protest was made in my presence—the statement I found already prepared by my clerk, but I read it through from the commencement to the end, in the presence of both the prisoners—I read it deliberately and care-fully, so that both the prisoners understood it—Brown affixed his signature to it, and Terry his mark—I had a reason for reading it over to them.</p>
<xptr type="pageFacsimile" doc="187001310043"/>
<p>
<hi rend="italic">Terry.</hi> When the gentleman read it, I did not know what he was reading I about.</p>
<p>(
<hi rend="italic">This contained an account of the loss of the vessel, similar to Brown's state-ment to Mr. Hill.</hi>)</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-153" type="witnessName">
<interp inst="t18700131-name-153" type="gender" value="male"/>
<interp inst="t18700131-name-153" type="surname" value="STRANACH"/>
<interp inst="t18700131-name-153" type="given" value="JEREMIAH"/>JEREMIAH STRANACH</persName> </hi>. I am honorary agent to the Shipwrecked Mariners' Society at Margate—on Sunday, 14th November, last year, about 6.5, I was on the jetty, at Margate—I saw both the prisoners there; the boy had a basket in his hand, similar to that produced—I can't swear it was the same—they were slowly walking up towards the town—I went to church, and after service, about 8 o'clock, I and my wife went down to the jetty again—I saw the prisoners again—on account of something my wife had told me, when I returned from church, I said, "Do you want me?—Brown said, "Yes"—he said he had been shipwrecked off the North Foreland; he had lost a vessel through striking a piece of floating wreck—Terry was close by at that time; they were together—I told him he had better come to my office, and I would take his statement—they came to my office, and Brown made a statement—I took it down in writing at the time in the presence of them both—that is the memorandum I made (
<hi rend="italic">Read</hi>: "Francis Brown, Gravesend,
<hi rend="italic">James,</hi> of London, smack, 30 tons, Thomas Moore, master, drowned; 100 barrels of herrings; James Terry, of Gravesend, two miles N.E. of North Fore-land, struck a wreck floating, picked up by a French fishing lugger, bound to Fecamp, occurred about 5 o'clock; herrings insured for 50
<hi rend="italic">l</hi>."—I had not seen a French lugger that day—Brown said the French lugger had landed them at Margate jetty, and it was lying just outside the steam-tug, off the jetty—it was after dusk then—I could not have seen it if it had been there—in consequence of what Brown told me I furnished him with provisions, and a free pass to London—I took them to the coast guard officer, and directed him to take them up.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-154" type="witnessName">
<interp inst="t18700131-name-154" type="gender" value="female"/>
<interp inst="t18700131-name-154" type="surname" value="LOTT"/>
<interp inst="t18700131-name-154" type="given" value="ESTHER"/>ESTHER LOTT</persName> </hi>. Terry is my son by a former marriage—on Saturday, 13th November last, he slept at my house—he left my house about 1.50 on Sunday, after dinner—he said he was going to meet Mr. Brown at the station—he had a jacket on at that time—on 15th November, the day after the Sunday, he was wearing a Guernsey, not a new one—he said Mr. Brown gave it him—that was on the Monday afternoon.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> How many children have you?
<hi rend="italic">A.</hi> Eight altogether; two by my first husband—he got into a bit of odd work—the boy has been out rag and boning and been locked up for it, when he was out of employ, and his father-in-law could not maintain him.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-155" type="witnessName">
<interp inst="t18700131-name-155" type="gender" value="male"/>
<interp inst="t18700131-name-155" type="surname" value="LYONS"/>
<interp inst="t18700131-name-155" type="given" value="THOMAS JOHN"/>THOMAS JOHN LYONS</persName> </hi>. I am office porter at the North Kent Branch of the South-Eastern Railway Station at Gravesend—on Sunday, 14th Novem
<lb/>ber last, I was booking clerk—Brown came to the office about 2.20 on the Sunday—I saw Terry afterwards—they were together—I saw Brown first of all outside the station, and he asked me the time the next train went to Margate—I told him 2.25—he then asked me the next train to Strood—I told him 2.26—there are two ways of getting to Margate—he also asked what time there was a train from Strood to Margate—about 2.20 he came to the office and took two second class tickets to Strood—Terry was with him—they left the station in the same compartment—the train would leave Strood for Margate about 3.19, and be at Margate about 5 o'clock—we do not book through to Margate by that train.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-156" type="witnessName">
<interp inst="t18700131-name-156" type="gender" value="male"/>
<interp inst="t18700131-name-156" type="surname" value="CHAPMAN"/>
<interp inst="t18700131-name-156" type="given" value="GEORGE"/>GEORGE CHAPMAN</persName> </hi>. I am an inspector of police, at Gravesend—I have known Brown for some years—on 14th November I was on duty outside the Town</p>
<xptr type="pageFacsimile" doc="187001310044"/>
<p>Hall, about 11 o'clock in the morning—I saw Brown; he spoke to me—I have known Terry—on Tuesday, 30th November, I saw him at the station-house—I had some conversation with him—I told him it was a pity he did not get a ship and go to sea—he complained about the police always Stopping him when they met him—he said he went with Mr. Brown, a Sunday or two ago, from Gravesend to Stood, by train, from Strood to Sheernes, by train, from Sheerness to Margate, by train, to see if they could buy any herrings, and he said they could not—he said he came from Margate up to London on the Monday, and then to Gravcsend—he said he was waiting for Mr. Brown to buy a smack, to go and catch some herrings.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-157" type="witnessName">
<interp inst="t18700131-name-157" type="gender" value="male"/>
<interp inst="t18700131-name-157" type="surname" value="WEBB"/>
<interp inst="t18700131-name-157" type="given" value="HENRY"/>HENRY WEBB</persName> </hi> (
<hi rend="italic">City Detective Sergeant</hi>). I apprehended Teny on 10th December, at Gravesend, and Brown the same day, as he left the Monarch Insurance Office—I told Terry that I was an officer from London, and I apprehended him for conspiring with Mr. Francis Brown, of Gravesand, for defrauding the Monarch Insurance Office of 200
<hi rend="italic">l</hi>., and likewise forging a bill of lading for 100 barrels of herrings—he said, "This is all I get by going to sea with Mr. Brown"—he said, "Mr. Brown took me up to Lon
<lb/>don on the Friday, and we went aboard a vessel in the Thames, and sailed down to Gravesend until Saturday, when Mr. Brown went on shore, and on Sunday he brought two men on board the vessel; on Sunday afternoon we sailed out to sea with the two men, and when we were out at sea, I think it was somewhere by the North Foreland, our vessel struck a piece of wood, and made a hole in her, and the two men that came on board at Gravesend with Mr. Brown were both drowned, and me and Mr. Brown got into a small boat; and then, after that, we was picked up by a French lugger, and they landed us at Ramsgate, or Margate, or some place of that sort, I don't know which, and were relieved by some gentleman at Margate, and then came to London"—at the Mansion House, he called me to the cell, and said he was very sorry for what he had said; that all he had told me, Brown had told him to say, and it was all false.</p>
<p>
<hi rend="italic">Terry's Defence.</hi> Mr. Brown did not tell me what he wanted with me, or else I would not have done it. He told my father-in-law, and my father-in-law told me to go down to the railway; he never told me what for till I got there; then he said. "This is the man that wants you," and it was Mr. Brown.</p>
<p>
<hi rend="largeCaps">TERRY</hi>
<hi rend="smallCaps">
<rs id="t18700131-210-verdict-2" type="verdictDescription">
<interp inst="t18700131-210-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18700131-210-verdict-2" type="verdictSubcategory" value="withRecommendation"/>GUILTY Recommend to mercy by the Jury, being a tool in the hands of Brown.—</rs> </hi>.—
<hi rend="italic">
<rs id="t18700131-210-punishment-22" type="punishmentDescription">
<interp inst="t18700131-210-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18700131-210-punishment-22" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-210-18700131 t18700131-210-punishment-22"/>Six Months' Imprisonment.</rs> </hi> </p>
<p>
<hi rend="italic">There was another indictment against, the prisoners for felony, upon the same facts, upon which, as to Terry, as to acquittal was taken.</hi> </p> </div1>
<div1 type="trialAccount" id="t18700131-211">
<interp inst="t18700131-211" type="uri" value="sessionsPapers/18700131"/>
<interp inst="t18700131-211" type="date" value="18700131"/>
<join result="criminalCharge" id="t18700131-211-charge-1" targOrder="Y" targets="def1-211-18700131 t18700131-211-offence-1 t18700131-211-verdict-1"/>
<p>211.
<persName id="def1-211-18700131" type="defendantName">
<interp inst="def1-211-18700131" type="gender" value="male"/>
<interp inst="def1-211-18700131" type="age" value="40"/>
<interp inst="def1-211-18700131" type="surname" value="WELLS"/>
<interp inst="def1-211-18700131" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM WELLS</hi> (40)</persName>
<rs id="t18700131-211-offence-1" type="offenceDescription">
<interp inst="t18700131-211-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18700131-211-offence-1" type="offenceSubcategory" value="illegalAbortion"/>, Feloniously using a certain instrument, to
<persName id="t18700131-name-159" type="victimName">
<interp inst="t18700131-name-159" type="gender" value="female"/>
<interp inst="t18700131-name-159" type="surname" value="MACKAY"/>
<interp inst="t18700131-name-159" type="given" value="ELIZABETH"/>
<join result="offenceVictim" targOrder="Y" targets="t18700131-211-offence-1 t18700131-name-159"/>Elizabeth Mackay</persName>, with intent to procure her miscarriage.
<hi rend="italic">Second Count</hi>—For a common assault.</rs> </p>
<p>
<hi rend="smallCaps">MR. HARRIS</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. PATER</hi>
<hi rend="italic">the Defence.</hi> </p>
<p>
<hi rend="smallCaps">MR. PATER</hi>
<hi rend="italic">submitted that the indictment was bad, containing, as it did two distinct offences.</hi>
<hi rend="smallCaps">MR. JUSTICE BYLES</hi>
<hi rend="italic">ruled that there was no objection, the Judges having so held; but, looking at the nature of the case, the Prosecu
<lb/>tion should elect upon which Count to proceed.</hi>
<hi rend="smallCaps">MR. HARRIS</hi>
<hi rend="italic">elected to go upon the first Count. The details of the case were not of a nature for publication.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18700131-211-verdict-1" type="verdictDescription">
<interp inst="t18700131-211-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18700131-211-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18700131-211-punishment-23" type="punishmentDescription">
<interp inst="t18700131-211-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18700131-211-punishment-23" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-211-18700131 t18700131-211-punishment-23"/>Eighteen Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18700131-212">
<interp inst="t18700131-212" type="uri" value="sessionsPapers/18700131"/>
<interp inst="t18700131-212" type="date" value="18700131"/>
<join result="criminalCharge" id="t18700131-212-charge-1" targOrder="Y" targets="def1-212-18700131 t18700131-212-offence-1 t18700131-212-verdict-1"/>
<xptr type="pageFacsimile" doc="187001310045"/>
<p>212.
<persName id="def1-212-18700131" type="defendantName">
<interp inst="def1-212-18700131" type="gender" value="male"/>
<interp inst="def1-212-18700131" type="age" value="46"/>
<interp inst="def1-212-18700131" type="surname" value="PARKER"/>
<interp inst="def1-212-18700131" type="given" value="GEORGE BASS"/>
<hi rend="largeCaps">GEORGE BASS PARKER</hi> (46)</persName>
<rs id="t18700131-212-offence-1" type="offenceDescription">
<interp inst="t18700131-212-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18700131-212-offence-1" type="offenceSubcategory" value="fraud"/>, Unlawfully converting to his own use a security entrusted to him, with certain directions in writing.</rs> </p>
<p>
<hi rend="smallCaps">MR. GRIFFITHS</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. BESLEY</hi>
<hi rend="italic">the Defense.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-161" type="witnessName">
<interp inst="t18700131-name-161" type="gender" value="male"/>
<interp inst="t18700131-name-161" type="surname" value="MAANEN"/>
<interp inst="t18700131-name-161" type="given" value="JAMES COBNEIUS VAN"/>JAMES COBNEIUS VAN MAANEN</persName> </hi>. I am bandmaster of the Fusileer Guards, and live at 49, Cumberland Street, Pirnlico—I was formerly in partnership with a Mr. Bartlett—we took premises of Mr. Unite about the middle of 1867—I was indebted to Mr. Unite 30
<hi rend="italic">l</hi>.—the prisoner was at that time acting as my solicitor in the matter—I made a proposition, through him, to pay the 30
<hi rend="italic">l</hi>. by two instalments, one on 1st November, And the other on 1st January—I sent the first 15
<hi rend="italic">l</hi>. to the prisoner, and that was paid—on 3rd January, 1868, I received this letter from the pri
<lb/>soner, stating that Mr. Unite had applied for the balance, and on the 4th I wrote to the prisoner, enclosing this draft for 15
<hi rend="italic">l</hi>. (
<hi rend="italic">The letter was called for, and was handed in by</hi>
<hi rend="smallCaps">MR. BESLEY</hi>,
<hi rend="italic">and read, as follows</hi>: "Dear Sir. Excuse me for not having sent the balance to Mr. Unite. The cause of my delay is simply that the cheque, which was drawn on the 28th ultimo, somehow or other got among my papers, and for the life of me I could not lay my hand upon it till this morning. I now beg to enclose the same, and trust it will reach safely."
<hi rend="italic">The cheque wot payable to the order of the prisoner</hi>.)</p>
<p>
<hi rend="smallCaps">MR. JUSTICE BYLES</hi>. "
<hi rend="italic">This will not do. In order to make out this charge, there must be a direction in writing to apply the instrument to a specific pur
<lb/>pose. There is no such direction here; on the contrary, it is quite plain it was not to be handed, to Mr. Unite, but the prisoner was to receive the money, the cheque being made payable to his order. No doubt it would have been his duty to hand the money over to Mr. Unite, which he did not do, for which an action might be brought, or an application made to one of the superior Courts to answer affidavits; instead of that, an indictment it brought upon this Statute, and it. has not been proved that he had any written directions, as alleged. That being to, it is my duty to tell the Jury there it no evidence to go to them</hi>".</p>
<p>
<hi rend="smallCaps">
<rs id="t18700131-212-verdict-1" type="verdictDescription">
<interp inst="t18700131-212-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18700131-212-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>
<hi rend="italic">Wednesday, February</hi> 2
<hi rend="italic">nd</hi>, 1870.</p>
<p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18700131-213">
<interp inst="t18700131-213" type="uri" value="sessionsPapers/18700131"/>
<interp inst="t18700131-213" type="date" value="18700131"/>
<join result="criminalCharge" id="t18700131-213-charge-1" targOrder="Y" targets="def1-213-18700131 t18700131-213-offence-1 t18700131-213-verdict-1"/>
<p>213.
<persName id="def1-213-18700131" type="defendantName">
<interp inst="def1-213-18700131" type="gender" value="male"/>
<interp inst="def1-213-18700131" type="age" value="35"/>
<interp inst="def1-213-18700131" type="surname" value="SMITH"/>
<interp inst="def1-213-18700131" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY SMITH</hi> (35)</persName>
<rs id="t18700131-213-offence-1" type="offenceDescription">
<interp inst="t18700131-213-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18700131-213-offence-1" type="offenceSubcategory" value="assault"/>, Unlawfully assaulting
<persName id="t18700131-name-163" type="victimName">
<interp inst="t18700131-name-163" type="gender" value="male"/>
<interp inst="t18700131-name-163" type="surname" value="WAY"/>
<interp inst="t18700131-name-163" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18700131-213-offence-1 t18700131-name-163"/>John Way</persName>, on the high seas.</rs> </p>
<p>
<hi rend="smallCaps">MR. METCALFE</hi>,
<hi rend="italic">for the Prosecution, offered no evidence.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18700131-213-verdict-1" type="verdictDescription">
<interp inst="t18700131-213-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18700131-213-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18700131-214">
<interp inst="t18700131-214" type="uri" value="sessionsPapers/18700131"/>
<interp inst="t18700131-214" type="date" value="18700131"/>
<join result="criminalCharge" id="t18700131-214-charge-1" targOrder="Y" targets="def1-214-18700131 t18700131-214-offence-1 t18700131-214-verdict-1"/>
<p>214.
<persName id="def1-214-18700131" type="defendantName">
<interp inst="def1-214-18700131" type="gender" value="male"/>
<interp inst="def1-214-18700131" type="age" value="35"/>
<interp inst="def1-214-18700131" type="surname" value="HENDERSON"/>
<interp inst="def1-214-18700131" type="given" value="CONSTANTINE"/>
<hi rend="largeCaps">CONSTANTINE HENDERSON</hi> (35)</persName>
<rs id="t18700131-214-offence-1" type="offenceDescription">
<interp inst="t18700131-214-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18700131-214-offence-1" type="offenceSubcategory" value="libel"/>, Unlawfully writing and publishing a false and malicious libel on
<persName id="t18700131-name-165" type="victimName">
<interp inst="t18700131-name-165" type="gender" value="male"/>
<interp inst="t18700131-name-165" type="surname" value="MARSHALL"/>
<interp inst="t18700131-name-165" type="given" value="EDWARD FIELD"/>
<join result="offenceVictim" targOrder="Y" targets="t18700131-214-offence-1 t18700131-name-165"/>Edward Field Marshall</persName>.
<hi rend="italic">Second Count</hi>—For publishing the libel, not stating it to be false.</rs> </p>
<p>
<hi rend="smallCaps">MR. METCALFE</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. MEREWEATHER</hi>
<hi rend="italic">the</hi> </p>
<p>
<hi rend="italic">Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-166" type="witnessName">
<interp inst="t18700131-name-166" type="gender" value="male"/>
<interp inst="t18700131-name-166" type="surname" value="BERTRAM"/>
<interp inst="t18700131-name-166" type="given" value="JOHN"/>JOHN BERTRAM</persName> </hi>. I live at 2, Saville Row, and have been for two years a friend of Mr. Marshall's—I have also been a client of his, but very little—I know Mrs. Marshall; I used to visit her, with my wife—on 2nd January I received this letter at my club—I only know the defendant by name—I had had no communication with him, and never spoke to him—Mr. Mar-shall behaved most affectionately to his wife.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> But the lady had quarrelled with Mr. Marshall, had she not?
<hi rend="italic">A.</hi> I never heard of it—I do not know whether she had been away from his house before this, or how long she had been living with the</p>
<xptr type="pageFacsimile" doc="187001310046"/>
<p>defendant, but it was some weeks—I know Mr. Duncan, her father, by sight—he called on me with regard to certain terms being entered into between the families, and asked me what the proper course would be—he said that the best thing would be a separation; but I expressed no opinion; I told him I would have nothing to do with it—that only happened once—it was two or three days before I received this letter.</p>
<p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Was this some time after the defendant had taken her away from her husband's house?
<hi rend="italic">A.</hi> Yes; she is, I believe, a lady of considerable personal attractions, but there is a difference of opinion about that.</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-167" type="witnessName">
<interp inst="t18700131-name-167" type="gender" value="male"/>
<interp inst="t18700131-name-167" type="surname" value="SMOUTHWAITE"/>
<interp inst="t18700131-name-167" type="given" value="JOSEPH BARKER"/>JOSEPH BARKER SMOUTHWAITE</persName> </hi>. I am clerk to Mr. Godfrey, an attorney—I know the defendant's writing—this letter and envelope are in his writing.</p>
<p>
<hi rend="italic">The letter was dated 2nd January,</hi> 1870,
<hi rend="italic">from the defendant to Mr. Be-tram. It was marked</hi> "Strictly private,"
<hi rend="italic">and contained the following expre
<lb/>sions</hi>: "Sir, As I conclude it is by your advice and persuasion Mrs. Marshal has taken the present step in leaving me, induces me to address this letter to you, in anticipation of your giving it your serious consideration' "Look at Mr. Marshall's two sons and his daughters; what do you think of them? What training have their sons had, putting out of the question Christian teaching?""It is impossible for Mr. Marshall to regard Mrs. Marshall's children as his own; Mrs. Marshall's companions, since her mar
<lb/>riage, has robbed her of all those precious gifts which befitted the character of a mother, and the examples she has had before her are too disgusting to refer to." "I once saved Lizzie's life, when Mr. Marshall absolutely de
<lb/>clined to provide her with anything, although she was then living at his house at Holloway; her doctor and nurse can confirm this." "If you were in possession of all the facts of Lizzie's wretched life up to within a few months more of her coming to me, and considering the cowardly and profligate asso
<lb/>ciates that she has been compelled to mix with, you would, I am convinced, have advised her differently." "I dare not think wrong of Lizzie, nor regard her (using her own language) otherwise than in the sight of God, her husband."</p>
<p>
<hi rend="smallCaps">
<persName id="t18700131-name-168" type="witnessName">
<interp inst="t18700131-name-168" type="gender" value="male"/>
<interp inst="t18700131-name-168" type="surname" value="MARSHALL"/>
<interp inst="t18700131-name-168" type="given" value="EDWARD FIELD"/>EDWARD FIELD MARSHALL</persName> </hi>. I am a solicitor, practising in Lincoln's Inn Fields—I had, at the time this matter happened, a house at Holloway—my wife was living with me at Bloomsbury Square, and previously at Hollowly—she left my house on 6th November—I had known the defendant's family some years, and my father before me, but I did not associate with him—he has been to my house on one or two occasions, but he never visited there—it is not true that I have introduced to Mrs. Marshall pro
<lb/>fligate associates, or persons who were profligate and disgusting, to my know-ledge—I do not understand what the defendant means by such an assertion—I never had such persons at my house—it is positively false that I have on any occasion left my wife and refused to provide her with anything—I pro
<lb/>vided her with a doctor, a nurse, and every requisite during her confine
<lb/>ments—I have always provided her with every comfort, as far as my means could permit—I know nothing of the defendant providing money for her—it is not correct that my sons and daughter have had no training; my daughter has been very well educated; she has had five years' schooling, and my sons are in my own office—I have always behaved kindly, and been on good terms with my wife; I was too devotedly attached to her to act otherwise.</p>
<xptr type="pageFacsimile" doc="187001310047"/>
<p>
<hi rend="italic">Cross-examined. Q.</hi> For the last three or four years the defendant has had no means of noticing your demeanour?
<hi rend="italic">A.</hi> He has never visited at my house, he has been a perfect stranger there, as far as I know.</p>
<p>
<hi rend="smallCaps">MR. MEREWEATHER</hi>
<hi rend="italic">stated that everything in the cose was admitted, but that the defendant received hit information through a lady, and did not know it to be fake, and that the letter was a privileged communication, at the defendant't object wot not to destroy the prosecutor's character, but to bring about a divorce, in order that he might make the lady hit wife, and that he did not publish the libel malicioutly.</hi> </p>
<p>
<hi rend="smallCaps">THE COURT</hi>
<hi rend="italic">considered that the prisoner must be acquitted on the first Count, at it was not thrown that he knew the Statements to be false.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18700131-214-verdict-1" type="verdictDescription">
<interp inst="t18700131-214-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18700131-214-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY on the Second Count—</rs> </hi>
<hi rend="italic">
<rs id="t18700131-214-punishment-24" type="punishmentDescription">
<interp inst="t18700131-214-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t18700131-214-punishment-24" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-214-18700131 t18700131-214-punishment-24"/>Four Months Im
<lb/>prisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18700131-215">
<interp inst="t18700131-215" type="uri" value="sessionsPapers/18700131"/>
<interp inst="t18700131-215" type="date" value="18700131"/>
<join result="criminalCharge" id="t18700131-215-charge-1" targOrder="Y" targets="def1-215-18700131 t18700131-215-offence-1 t18700131-215-verdict-1"/>
<join result="criminalCharge" id="t18700131-215-charge-2" targOrder="Y" targets="def2-215-18700131 t18700131-215-offence-1 t18700131-215-verdict-1"/>
<join result="criminalCharge" id="t18700131-215-charge-3" targOrder="Y" targets="def3-215-18700131 t18700131-215-offence-1 t18700131-215-verdict-2"/>
<join result="criminalCharge" id="t18700131-215-charge-4" targOrder="Y" targets="def4-215-18700131 t18700131-215-offence-1 t18700131-215-verdict-1"/>
<p>215.
<persName id="def1-215-18700131" type="defendantName">
<interp inst="def1-215-18700131" type="gender" value="male"/>
<interp inst="def1-215-18700131" type="age" value="20"/>
<interp inst="def1-215-18700131" type="surname" value="DAVIS"/>
<interp inst="def1-215-18700131" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES DAVIS</hi>(20)</persName>,
<persName id="def2-215-18700131" type="defendantName">
<interp inst="def2-215-18700131" type="gender" value="male"/>
<interp inst="def2-215-18700131" type="age" value="19"/>
<interp inst="def2-215-18700131" type="surname" value="ANDREWS"/>
<interp inst="def2-215-18700131" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK ANDREWS</hi> (19)</persName>,
<persName id="def3-215-18700131" type="defendantName">
<interp inst="def3-215-18700131" type="gender" value="male"/>
<interp inst="def3-215-18700131" type="age" value="17"/>
<interp inst="def3-215-18700131" type="surname" value="JONES"/>
<interp inst="def3-215-18700131" type="given" value="PHILIP EDMUND"/>
<hi rend="largeCaps">PHILIP EDMUND JONES</hi> (17)</persName>, and
<persName id="def4-215-18700131" type="defendantName">
<interp inst="def4-215-18700131" type="gender" value="male"/>
<interp inst="def4-215-18700131" type="age" value="18"/>
<interp inst="def4-215-18700131" type="surname" value="BURT"/>
<interp inst="def4-215-18700131" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES BURT</hi> (18)</persName>,
<hi rend="smallCaps">
<rs id="t18700131-215-verdict-1" type="verdictDescription">
<interp inst="t18700131-215-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18700131-215-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18700131-215-offence-1" type="offenceDescription">
<interp inst="t18700131-215-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18700131-215-offence-1" type="offenceSubcategory" value="mail"/> to stealing a post letter, containing 15
<hi rend="italic">l</hi>., in money, of
<persName id="t18700131-name-173" type="victimName">
<interp inst="t18700131-name-173" type="gender" value="male"/>
<interp inst="t18700131-name-173" type="surname" value="BREWER"/>
<interp inst="t18700131-name-173" type="given" value="SAMUEL"/>
<join result="offenceVictim" targOrder="Y" targets="t18700131-215-offence-1 t18700131-name-173"/>Samuel Brewer</persName>, their master.</rs>
<hi rend="italic">Recommended to mercy by the prosecutor.</hi>
<hi rend="largeCaps">DAVIS, ANDREWS</hi>,
<hi rend="italic">and</hi>
<hi rend="largeCaps">BURT</hi>
<hi rend="italic">
<rs id="t18700131-215-punishment-25" type="punishmentDescription">
<interp inst="t18700131-215-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t18700131-215-punishment-25" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-215-18700131 t18700131-215-punishment-25"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-215-18700131 t18700131-215-punishment-25"/>
<join result="defendantPunishment" targOrder="Y" targets="def4-215-18700131 t18700131-215-punishment-25"/>Nine Months Imprisonment each,</rs> </hi>
<hi rend="largeCaps">JONES</hi>
<hi rend="italic">
<rs id="t18700131-215-punishment-26" type="punishmentDescription">
<interp inst="t18700131-215-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t18700131-215-punishment-26" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-215-18700131 t18700131-215-punishment-26"/>Six Months' Im
<lb/>prisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18700131-216">
<interp inst="t18700131-216" type="uri" value="sessionsPapers/18700131"/>
<interp inst="t18700131-216" type="date" value="18700131"/>
<join result="criminalCharge" id="t18700131-216-charge-1" targOrder="Y" targets="def1-216-18700131 t18700131-216-offence-1 t18700131-216-verdict-1"/>
<p>216.
<persName id="def1-216-18700131" type="defendantName">
<interp inst="def1-216-18700131" type="gender" value="male"/>
<interp inst="def1-216-18700131" type="age" value="19"/>
<interp inst="def1-216-18700131" type="surname" value="SAUNDERS"/>
<interp inst="def1-216-18700131" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY SAUNDERS</hi> (19)</persName>
<rs id="t18700131-216-offence-1" type="offenceDescription">
<interp inst="t18700131-216-offence-1" type="offenceCategory"</