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<div1 type="frontMatter" id="f18701212">
<interp inst="f18701212" type="uri" value="sessionsPapers/18701212"/>
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<p>CENTRAL CRIMINAL COURT</p>
<p>Sessions Paper.</p>
<p>DAKIN, MAYOR.</p>
<p>SECOND SESSION, HELD DECEMBER 12TH, 1870.</p>
<p>MINUTES OF EVIDENCE,</p>
<p>TAKEN IN SHORT-HAND, BY</p>
<p>JAMES DROVER BARNETT</p>
<p>AND</p>
<p>ALEXANDER BUCKLER,</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>STEVENS & SONS, 119,CHANCERY LANE,</p>
<xptr type="pageFacsimile" doc="187012120002"/>
<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, December 12th, 1870, and following days,</p>
<p>
<hi rend="smallCaps">BEFORE THE RIGHT HON</hi>.
<hi rend="largeCaps">
<persName id="t18701212-name-1" type="judiciaryName">
<interp inst="t18701212-name-1" type="gender" value="male"/>
<interp inst="t18701212-name-1" type="surname" value="DAKIN"/>
<interp inst="t18701212-name-1" type="given" value="THOMAS"/>THOMAS DAKIN</persName>, LORD MAYOR</hi> of the City of London; Sir
<persName id="t18701212-name-2" type="judiciaryName">
<interp inst="t18701212-name-2" type="gender" value="male"/>
<interp inst="t18701212-name-2" type="surname" value="HANNEN"/>
<interp inst="t18701212-name-2" type="given" value="JAMES"/>
<hi rend="smallCaps">JAMES HANNEN</hi> </persName>, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; Sir
<persName id="t18701212-name-3" type="judiciaryName">
<interp inst="t18701212-name-3" type="gender" value="male"/>
<interp inst="t18701212-name-3" type="surname" value="PIGOTT"/>
<interp inst="t18701212-name-3" type="given" value="GILLERY"/>
<hi rend="smallCaps">GILLERY PIGOTT</hi> </persName>, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir
<hi rend="smallCaps">
<persName id="t18701212-name-4" type="judiciaryName">
<interp inst="t18701212-name-4" type="gender" value="male"/>
<interp inst="t18701212-name-4" type="surname" value="CARDEN"/>
<interp inst="t18701212-name-4" type="given" value="ROBERT WALTER"/>ROBERT WALTER CARDEN</persName> </hi>, Knt.,
<hi rend="smallCaps">
<persName id="t18701212-name-5" type="judiciaryName">
<interp inst="t18701212-name-5" type="gender" value="male"/>
<interp inst="t18701212-name-5" type="surname" value="LAWRENCE"/>
<interp inst="t18701212-name-5" type="given" value="WILLIAM"/>WILLIAM LAWRENCE</persName> </hi>, Esq., M.P., and Sir
<hi rend="smallCaps">
<persName id="t18701212-name-6" type="judiciaryName">
<interp inst="t18701212-name-6" type="gender" value="male"/>
<interp inst="t18701212-name-6" type="surname" value="LAWRENCE"/>
<interp inst="t18701212-name-6" type="given" value="JAMES CLARKE"/>JAMES CLARKE LAWRENCE</persName> </hi>, Bart., M.P., Aldermen of the said City; The Right Hon.
<hi rend="smallCaps">
<persName id="t18701212-name-7" type="judiciaryName">
<interp inst="t18701212-name-7" type="gender" value="male"/>
<interp inst="t18701212-name-7" type="surname" value="GURNEY"/>
<interp inst="t18701212-name-7" type="given" value="RUSSELL"/>RUSSELL GURNEY</persName> </hi>, Q.C., M.P., Recorder of the said City;
<hi rend="smallCaps">
<persName id="t18701212-name-8" type="judiciaryName">
<interp inst="t18701212-name-8" type="gender" value="male"/>
<interp inst="t18701212-name-8" type="surname" value="STONE"/>
<interp inst="t18701212-name-8" type="given" value="DAVID HENRY"/>DAVID HENRY STONE</persName> </hi>, Esq., Alderman of the said City;
<hi rend="smallCaps">
<persName id="t18701212-name-9" type="judiciaryName">
<interp inst="t18701212-name-9" type="gender" value="male"/>
<interp inst="t18701212-name-9" type="surname" value="CHAMBERS"/>
<interp inst="t18701212-name-9" type="given" value="THOMAS"/>THOMAS CHAMBERS</persName> </hi>, Esq., Q.C., M.P., Common Serjeant of the said City; and
<hi rend="smallCaps">
<persName id="t18701212-name-10" type="judiciaryName">
<interp inst="t18701212-name-10" type="gender" value="male"/>
<interp inst="t18701212-name-10" type="surname" value="KERR"/>
<interp inst="t18701212-name-10" 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>
<persName id="t18701212-name-11" type="judiciaryName">
<interp inst="t18701212-name-11" type="gender" value="male"/>
<interp inst="t18701212-name-11" type="surname" value="OWDEN"/>
<interp inst="t18701212-name-11" type="given" value="THOMAS SCRAMBLER"/>
<hi rend="smallCaps">THOMAS SCAMBLER OWDEN</hi> </persName>, Esq., Alderman,</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-12" type="judiciaryName">
<interp inst="t18701212-name-12" type="gender" value="male"/>
<interp inst="t18701212-name-12" type="surname" value="JONES"/>
<interp inst="t18701212-name-12" type="given" value="ROBERT"/>ROBERT JONES</persName> </hi>, Esq.</p>
<p>
<hi rend="italic">Sheriffs.</hi> </p>
<p>
<persName id="t18701212-name-13" type="judiciaryName">
<interp inst="t18701212-name-13" type="gender" value="male"/>
<interp inst="t18701212-name-13" type="surname" value="JONES"/>
<interp inst="t18701212-name-13" type="given" value="WILLIAM HALSE GATTY"/>
<hi rend="smallCaps">WILLIAM HALSE GATTY JONES</hi> </persName>, Esq.</p>
<p>
<persName id="t18701212-name-14" type="judiciaryName">
<interp inst="t18701212-name-14" type="gender" value="male"/>
<interp inst="t18701212-name-14" type="surname" value="CROSLEY"/>
<interp inst="t18701212-name-14" type="given" value="ALEXANDER"/>
<hi rend="smallCaps">ALEXANDER CROSLEY</hi> </persName>, Esq.</p>
<p>
<hi rend="italic">Under-Sheriffs.</hi> </p>
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<p>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<p>
<hi rend="largeCaps">DAKIN, MAYOR. SECOND 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> (†)
<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 December</hi> 12
<hi rend="italic">th</hi>, 1870.</p>
<p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
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<p>52.
<persName id="def1-52-18701212" type="defendantName">
<interp inst="def1-52-18701212" type="gender" value="male"/>
<interp inst="def1-52-18701212" type="age" value="33"/>
<interp inst="def1-52-18701212" type="surname" value="POWNE"/>
<interp inst="def1-52-18701212" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN POWNE</hi> (33)</persName>,
<hi rend="smallCaps">
<rs id="t18701212-52-verdict-1" type="verdictDescription">
<interp inst="t18701212-52-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18701212-52-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18701212-52-offence-1" type="offenceDescription">
<interp inst="t18701212-52-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18701212-52-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>to stealing 219
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>., of
<persName id="t18701212-name-16" type="victimName">
<interp inst="t18701212-name-16" type="gender" value="male"/>
<interp inst="t18701212-name-16" type="surname" value="PARKER"/>
<interp inst="t18701212-name-16" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18701212-52-offence-1 t18701212-name-16"/>John Parker</persName> and others, his masters. </rs>
<hi rend="italic">
<rs id="t18701212-52-punishment-1" type="punishmentDescription">
<interp inst="t18701212-52-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t18701212-52-punishment-1" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-52-18701212 t18701212-52-punishment-1"/>Recommended to mercy by the Prose
<lb/>cutors—Three Days' Imprisonment.</rs> </hi> </p> </div1>
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<interp inst="t18701212-53" type="uri" value="sessionsPapers/18701212"/>
<interp inst="t18701212-53" type="date" value="18701212"/>
<join result="criminalCharge" id="t18701212-53-charge-1" targOrder="Y" targets="def1-53-18701212 t18701212-53-offence-1 t18701212-53-verdict-1"/>
<p>53.
<persName id="def1-53-18701212" type="defendantName">
<interp inst="def1-53-18701212" type="gender" value="male"/>
<interp inst="def1-53-18701212" type="age" value="40"/>
<interp inst="def1-53-18701212" type="surname" value="COOMBS"/>
<interp inst="def1-53-18701212" type="given" value="WILLIAM BAILEY"/>
<hi rend="largeCaps">WILLIAM BAILEY COOMBS</hi> (40)</persName>
<rs id="t18701212-53-offence-1" type="offenceDescription">
<interp inst="t18701212-53-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18701212-53-offence-1" type="offenceSubcategory" value="forgery"/>, to feloniously forging and uttering a transfer of a share and interest of
<persName id="t18701212-name-18" type="victimName">
<interp inst="t18701212-name-18" type="gender" value="male"/>
<interp inst="t18701212-name-18" type="surname" value="LEE"/>
<interp inst="t18701212-name-18" type="given" value="JOHN WOOD"/>
<join result="offenceVictim" targOrder="Y" targets="t18701212-53-offence-1 t18701212-name-18"/>John Would Lee</persName>, in 1500
<hi rend="italic">l</hi>. capital stock of the Great Eastern Railway Company, having been before convicted of felony at this Court in Septem
<lb/>ber, 1859—</rs>
<rs id="t18701212-53-punishment-2" type="punishmentDescription">
<interp inst="t18701212-53-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18701212-53-punishment-2" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-53-18701212 t18701212-53-punishment-2"/>
<hi rend="italic">Seven Years' Penal Servitude.</hi> </rs>
<rs id="t18701212-53-verdict-1" type="verdictDescription">
<interp inst="t18701212-53-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18701212-53-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs> </p> </div1>
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<p>54.
<persName id="def1-54-18701212" type="defendantName">
<interp inst="def1-54-18701212" type="gender" value="male"/>
<interp inst="def1-54-18701212" type="age" value="29"/>
<interp inst="def1-54-18701212" type="surname" value="BURTON"/>
<interp inst="def1-54-18701212" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES BURTON</hi> (29)</persName>
<rs id="t18701212-54-offence-1" type="offenceDescription">
<interp inst="t18701212-54-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18701212-54-offence-1" type="offenceSubcategory" value="bigamy"/>, to feloniously marrying
<persName id="t18701212-name-20" type="victimName">
<interp inst="t18701212-name-20" type="gender" value="female"/>
<interp inst="t18701212-name-20" type="surname" value="MILES"/>
<interp inst="t18701212-name-20" type="given" value="MARY"/>
<join result="offenceVictim" targOrder="Y" targets="t18701212-54-offence-1 t18701212-name-20"/>Mary Miles</persName>, his wife being alive—</rs>
<hi rend="italic">
<rs id="t18701212-54-punishment-3" type="punishmentDescription">
<interp inst="t18701212-54-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18701212-54-punishment-3" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-54-18701212 t18701212-54-punishment-3"/>Six Months' Im
<lb/>prisonment.</rs> </hi>
<rs id="t18701212-54-verdict-1" type="verdictDescription">
<interp inst="t18701212-54-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18701212-54-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs> </p> </div1>
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<interp inst="t18701212-55" type="uri" value="sessionsPapers/18701212"/>
<interp inst="t18701212-55" type="date" value="18701212"/>
<join result="criminalCharge" id="t18701212-55-charge-1" targOrder="Y" targets="def1-55-18701212 t18701212-55-offence-1 t18701212-55-verdict-1"/>
<p>55.
<persName id="def1-55-18701212" type="defendantName">
<interp inst="def1-55-18701212" type="gender" value="male"/>
<interp inst="def1-55-18701212" type="age" value="19"/>
<interp inst="def1-55-18701212" type="surname" value="ROSEBLADE"/>
<interp inst="def1-55-18701212" type="given" value="WILLIAM HENRY"/>
<hi rend="largeCaps">WILLIAM HENRY ROSEBLADE</hi> (19)</persName>
<rs id="t18701212-55-offence-1" type="offenceDescription">
<interp inst="t18701212-55-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18701212-55-offence-1" type="offenceSubcategory" value="burglary"/>, to a burglary in the dwelling-house of
<persName id="t18701212-name-22" type="victimName">
<interp inst="t18701212-name-22" type="gender" value="female"/>
<interp inst="t18701212-name-22" type="surname" value="TEAGUE"/>
<interp inst="t18701212-name-22" type="given" value="CAROLINE FRANCES"/>
<join result="offenceVictim" targOrder="Y" targets="t18701212-55-offence-1 t18701212-name-22"/>Caroline Frances Teague</persName>, and stealing a variety of articles, having been before convicted—</rs>
<rs id="t18701212-55-punishment-4" type="punishmentDescription">
<interp inst="t18701212-55-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18701212-55-punishment-4" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-55-18701212 t18701212-55-punishment-4"/>
<hi rend="italic">Seven Years Penal Servitude.</hi> </rs>
<rs id="t18701212-55-verdict-1" type="verdictDescription">
<interp inst="t18701212-55-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18701212-55-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs> </p> </div1>
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<interp inst="t18701212-56" type="uri" value="sessionsPapers/18701212"/>
<interp inst="t18701212-56" type="date" value="18701212"/>
<join result="criminalCharge" id="t18701212-56-charge-1" targOrder="Y" targets="def1-56-18701212 t18701212-56-offence-1 t18701212-56-verdict-1"/>
<p>56.
<persName id="def1-56-18701212" type="defendantName">
<interp inst="def1-56-18701212" type="gender" value="male"/>
<interp inst="def1-56-18701212" type="age" value="21"/>
<interp inst="def1-56-18701212" type="surname" value="WYATT"/>
<interp inst="def1-56-18701212" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN WYATT</hi> (21)</persName>
<rs id="t18701212-56-offence-1" type="offenceDescription">
<interp inst="t18701212-56-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18701212-56-offence-1" type="offenceSubcategory" value="theftFromPlace"/> to stealing 28lbs. of rope of
<persName id="t18701212-name-24" type="victimName">
<interp inst="t18701212-name-24" type="gender" value="male"/>
<interp inst="t18701212-name-24" type="surname" value="STRUTTON"/>
<interp inst="t18701212-name-24" type="given" value="CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t18701212-56-offence-1 t18701212-name-24"/>Charles Strutton</persName>, from a barge on the Thames, having been before convicted—</rs>
<rs id="t18701212-56-punishment-5" type="punishmentDescription">
<interp inst="t18701212-56-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18701212-56-punishment-5" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-56-18701212 t18701212-56-punishment-5"/>
<hi rend="italic">Eighteen Months' Imprisonment.</hi> </rs>
<rs id="t18701212-56-verdict-1" type="verdictDescription">
<interp inst="t18701212-56-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18701212-56-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs> </p> </div1>
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<interp inst="t18701212-57" type="uri" value="sessionsPapers/18701212"/>
<interp inst="t18701212-57" type="date" value="18701212"/>
<join result="criminalCharge" id="t18701212-57-charge-1" targOrder="Y" targets="def1-57-18701212 t18701212-57-offence-1 t18701212-57-verdict-1"/>
<join result="criminalCharge" id="t18701212-57-charge-2" targOrder="Y" targets="def2-57-18701212 t18701212-57-offence-1 t18701212-57-verdict-1"/>
<p>57.
<persName id="def1-57-18701212" type="defendantName">
<interp inst="def1-57-18701212" type="gender" value="male"/>
<interp inst="def1-57-18701212" type="age" value="20"/>
<interp inst="def1-57-18701212" type="surname" value="JARRETT"/>
<interp inst="def1-57-18701212" type="given" value="JOHN HENRY"/>
<hi rend="largeCaps">JOHN HENRY JARRETT</hi> (20)</persName> and
<persName id="def2-57-18701212" type="defendantName">
<interp inst="def2-57-18701212" type="gender" value="male"/>
<interp inst="def2-57-18701212" type="age" value="22"/>
<interp inst="def2-57-18701212" type="surname" value="PALMER"/>
<interp inst="def2-57-18701212" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES PALMER</hi> (22)</persName>
<rs id="t18701212-57-offence-1" type="offenceDescription">
<interp inst="t18701212-57-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18701212-57-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, Felo
<lb/>niously and sacrilegiously breaking and entering the
<placeName id="t18701212-geo-1">
<join result="offencePlace" targOrder="Y" targets="t18701212-57-offence-1 t18701212-geo-1"/>Church of Our Lady of the Rosary</placeName>, and stealing therein, four chains, one bag, one chalice, one monstrance, and one thurible, the property of
<persName id="t18701212-name-27" type="victimName">
<interp inst="t18701212-name-27" type="gender" value="male"/>
<interp inst="t18701212-name-27" type="surname" value="WHITE"/>
<interp inst="t18701212-name-27" type="given" value="ALFRED"/>
<interp inst="t18701212-name-27" type="occupation" value="Roman Catholic priest"/>
<join result="offenceVictim" targOrder="Y" targets="t18701212-57-offence-1 t18701212-name-27"/>Alfred White</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MR. GRIFFITHS</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. ST. AUBYN</hi>
<hi rend="italic">the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-28" type="witnessName">
<interp inst="t18701212-name-28" type="gender" value="male"/>
<interp inst="t18701212-name-28" type="surname" value="WHITE"/>
<interp inst="t18701212-name-28" type="given" value="ALFRED"/>REV. ALFRED WHITE</persName> </hi>. I am a Roman Catholic priest, and live at 30, Titchborne Street, Edgware Road—on 3rd November, about 11.15 at night, I left the Roman Catholic Chapel, in Marylebone Row, all safe; I looked it up myself—next morning, about 9 o'clock, I was sent for, and found the cellar-door, and three other doors of the chapel, broken open—I went inside the chapel, and found the iron safe broken open; the front was blown off entirely, and out of it was taken a silver monstrance, a thurible, and four chains attached, and a chalice was taken from a side table—the safe, had one of Chubbs' locks—it had been blown open by means of gunpowder—</p>
<xptr type="pageFacsimile" doc="187012120004"/>
<p>the monstrance was worth nearly 50
<hi rend="italic">l</hi>., the thurible 20
<hi rend="italic">l</hi>., and the chalice about 16
<hi rend="italic">l</hi>. or 17
<hi rend="italic">l</hi> </p>
<p>
<hi rend="italic">Cross-examined.</hi> We were having a great many services at this time, on account of having a mission for the benefit of the people—we had had several services on 3rd November, and it was after the evening service that I locked up the chapel and left it—I think I had locked it up every night since 15th October—we had been having special services, but that night I recollect distinctly doing so; it was a very foggy night—I think it was the night of the great fog.</p>
<p>
<hi rend="italic">Re-examined.</hi> Just before I locked up the chapel, the articles I have mentioned were safe—I had looked them up in the iron safe after the last service.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-29" type="witnessName">
<interp inst="t18701212-name-29" type="gender" value="male"/>
<interp inst="t18701212-name-29" type="surname" value="MCMATH"/>
<interp inst="t18701212-name-29" type="given" value="WILLIAM"/>WILLIAM McMATH</persName> </hi> (
<hi rend="italic">Detective Officer D.</hi>) On the morning of 4th Novem
<lb/>ber, I went to the chapel in Homer Row, I found a door leading from a school-room into the chapel had been broken open—a centre-bit and a
<hi rend="italic">jemmy</hi> had been used—there were other doors also broken open in the same manner—I examined the iron safe; the door of it had been blown off by gunpowder; it smelt very strongly, and the walls about were blackened—I examined the door of the safe, and found that a hole had been drilled in it, and I found this tube that had been used to insert in the hole, and gunpowder had been poured through it—it smelt very much of gunpowder at that time, and was blackened—it is black now—the interior of the safe smelt very strongly of gunpowder—I saw the prisoners at the Walton Street Station, on a Saturday, about ten days afterwards—I told them the charge—Palmer said "We have been told before; we know all about it"—they were then taken to John Street Station, and the charge was entered against them—Palmer was then put into cell No. 2, and Jarrett into No. 4, and I went into No. 3 cell—after a short time Palmer called out "Harry, where are you?" (I am referring to a paper which I made at the time in the cell) Jarrett answered "Here I am." Palmer said "Well, we are in for it now." Jarrett replied "No, you are not in for it, but I am; they found the b——tools at my place; I should like to take eighteen months for my bit," Palmer said "What can they do with the tools? nothing at all; but I am in for it as two of them picked me out." Jarrett then said "Oh, yes they can, they will go and fit the centre-bit and
<hi rend="italic">jemmy</hi> to the marks on the doors which we broke open." Palmer said "No, they won't think of that." Jarrett said "Had I known they were coming, they never would have found the tools." Palmer said "Well, we have got enough out of the b——stuff to pay for a good mouthpiece, will you have one?" Jarrett said "No, I will be my own mouthpiece; I told you they would not think to search there for it; how will we get it to the old women?" Palmer said "The old women will bring our dinner to-morrow, and we can put it in the dirty things." Jarrett said "No, they might search them, but we can do it in the House of Detention." Palmer said "No, we can't." Jarrett said "Oh, yes, we can give the
<hi rend="italic">screw</hi> something, and he will pass it." Palmer said "No, they won't." Jarrett said "They would do it at Wandsworth, and I am sure they will do it where we are going. You are safe to get off,
<hi rend="italic">Jemmy</hi>, and if you don't look after my old woman while I am in, so help me God I shall
<hi rend="italic">round</hi> on you when I am there." Palmer said "If I get off I will do the best I can for her, but what can I do by myself?" Jarrett said "Do the same as we have been doing." Palmer replied "What, by myself?" Jarrett said "Yes, or go with some of the other</p>
<xptr type="pageFacsimile" doc="187012120005"/>
<p>
<hi rend="italic">blokes.</hi>" Palmer said "Not me, I would not trust one of them." They then paused for some time, and then Palmer again called "Harry, had we known they would have found the little b——who picked me out, we would have left him unable to say much." Jarrett said "Yes, yes, I'm b——if we should not." Palmer then said "What is the name of that church where the
<hi rend="italic">bloke</hi> let us in? or do you know his name?" Jarrett said "I'm b——if I know the name of the church, but I know his name is John, his other name I don't know." Palmer said "Well, it's a good job they did not go to his place, if they had they would have found some stuff; but we can tell my old woman, and she will put him on his guard; she can easily find his address." Jarrett then said "What a good job they did not find any tickets, they would not think to look in the old woman's flour for them."—In con
<lb/>sequence of what I heard them say I took Palmer out of the cell into the charge room, and searched him, and found three sovereigns in his stocking—I also had Jarrett brought into the charge room, and in his stocking found four sovereigns and two half sovereigns.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I do not write shorthand—I will undertake to say that I took down this conversation word for word as I have detailed it—I should say it was going on for about forty minutes—there were a great many pauses—there was very little said besides what I have stated, except a warning to each other to hold their tongues, which I did not think necessary to take down; I only took down what I thought necessary—there was nothing else said but telling each other to be silent—they did say some
<lb/>thing else, but it is unfit to be mentioned in Court; it has nothing to do with this case—this was in the evening—there was a light in the cell passage—the door of the cell I was in was ajar—they did not hear me go into the cell; had they done so they would not have said what they did.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-30" type="witnessName">
<interp inst="t18701212-name-30" type="gender" value="male"/>
<interp inst="t18701212-name-30" type="surname" value="MANN"/>
<interp inst="t18701212-name-30" type="given" value="JOHN"/>JOHN MANN</persName> </hi> (
<hi rend="italic">Policeman D</hi> 135). I was on duty in Homer Row, on the night of 2nd November, and saw Palmer there with another man, similar to Jarrett, but I could not swear to him, though I believe he is the man—it was near the chapel—a woman made a complaint to me in reference to the chapel; it was open, and service was going on.</p>
<p>
<hi rend="italic">Cross-examined.</hi> This was about 10.30, the night before the robbery.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-31" type="witnessName">
<interp inst="t18701212-name-31" type="gender" value="female"/>
<interp inst="t18701212-name-31" type="surname" value="SHEEN"/>
<interp inst="t18701212-name-31" type="given" value="MARY"/>MARY SHEEN</persName> </hi>. I am a servant, and live at 24, Stafford Street—I was in the chapel, in Homer Row, Marylebone Road, on Wednesday evening week, about 9.30—as I came out I saw the two prisoners standing at the side of the wall, which had a money-box attached to it—I looked at them very hard—they were whispering and talking to each other, and having their hands upon the money-box—I asked them if they were Catholics—they said they were—I said "You are not"—they said they were—I said "If you are Catholics, you are very bad ones, and if you are not, you are quite welcome to go inside if you want to be enlightened in anything"—they did not seem to go inside, so I said "You come out of here, you are not after anything good"—I insisted upon their coming out of the place, and they ran up the steps of the chapel, and swore at me most dreadfully—they then came out, and I came with them, and they stood by the railings of the chapel as the clerk was shutting the sacristy door—this was the night of the great fog—I heard of the robbery next morning, when I went to service at the chapel—I am quite sure the prisoners are the men.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I have told the same story to day that I did before the Magistrate—I don't think there is anything different—I did not swear before the Magistrate that the two prisoners wets not the men—I said they ware</p>
<xptr type="pageFacsimile" doc="187012120006"/>
<p>the men, but one of them I could not rightly recognize, but I was quite sure they were them—I said I recognized one better than the other—I don't remember saying they were not the men—(
<hi rend="italic">The witness's deposition being read stated:</hi> "The two prisoners are not the men. Palmer is very much like one of them; I think he is the man, by his appearance. Jarrett is also very much like the other man; he has the same features. I cannot swear Palmer is the same man.") I said those words about Palmer because Jarrett was the man, and the more I looked at them the more I recognized them—I was speaking longer to Jarrett, because he kept silent—I know they are the same persons; I will not say anything I am not quite sure of.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-32" type="witnessName">
<interp inst="t18701212-name-32" type="gender" value="male"/>
<interp inst="t18701212-name-32" type="surname" value="STEVENS"/>
<interp inst="t18701212-name-32" type="given" value="THOMAS"/>THOMAS STEVENS</persName> </hi>. I am a harness-maker, of 2, Spring Street, Maryle
<lb/>bone—on 3rd November, about 12.30 at night, I was passing through Homer Row—it was the night of the fog—I had a lantern in my hand—I heard some whispering, and saw two men—I held my light in order to see their faces, and saw Palmer—he went into the chapel, and shut the door after him—I did not see the other man, I only saw his shadow—he was somewhere about the height of Jarrett, I should say.</p>
<p>
<hi rend="italic">Cross-examined.</hi> This was the night of the dense fog—it was very dark—I had been to Queen's Gardens, with a cab, and the cabman led the horse all the way—I had never seen the prisoner before.</p>
<p>
<hi rend="italic">Re-examined.</hi> When I put my light in his face it was light enough to see him—I was quite near to him—I held the lantern right in his face.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> When did you see him again?
<hi rend="italic">A.</hi> About a week after
<lb/>wards, at the Police Station—he was with a lot of others, and I pointed him out—I had no difficulty in doing so.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-33" type="witnessName">
<interp inst="t18701212-name-33" type="gender" value="male"/>
<interp inst="t18701212-name-33" type="surname" value="WATTS"/>
<interp inst="t18701212-name-33" type="given" value="WILLIAM"/>WILLIAM WATTS</persName> </hi> (
<hi rend="italic">Detective Officer D.</hi>) I took Jarrett into custody, and Detective Clough took Palmer on Saturday afternoon, 12th November, between 12 and 1 o'clock, in High Road, Knightsbridge—I asked them where they were on the Wednesday night week—they made no answer—I then asked where they were on the Thursday night week, that very foggy night—Jarrett said "What has that to do with you?" and was going away—I said "Wait a moment, listen to what I am going to say, I am going to take you into custody on suspicion of breaking into a church near the Edgware Road, on that very foggy night, last Thursday week, and stealing a quantity of silver—they made no answer—after going a short distance Jarrett said "Where is your warrant?"—I said "I don't require one"—he commenced struggling, and said he should not go—a constable in uniform came up, and he walked—the prisoners knew I was an officer, they have known me long enough—when we got about 100 yards from Walton Street Station, Jarrett commenced struggling again—Palmer said "Does he want you to
<hi rend="italic">round</hi>, Harry? don't tell"—after taking them into the station Palmer gave his address, 4, Montpelier Road, Brompton, and Jarrett gave 69, Arthur Street—I went with Clough to 4, Franklin's Row, Chelsea, where Palmer rents a room—his wife was there, and I have seen him go in and out there—I searched the room, but found nothing—I then went to 4, Trinity Terrace, Vauxhall Bridge—I there saw Jarrett's wife—in a side cupboard of the front kitchen I found these tools, which I produce, a double-action centre bit, with seven bits to fit it, a
<hi rend="italic">jemmy</hi>, a screwdriver, putty knife, and a case containing nine small implements, to fit it as a handle; they are a saw, chisels, and boring-iron—I also found this black bag, dark lantern, two pieces of tin piping, and four keys—they appear to me to be keys of church doors, or something like that—on the following Monday I</p>
<xptr type="pageFacsimile" doc="187012120007"/>
<p>went and compared the centre-bit with the hole in the iron-safe door, and this one fits the hole made in it—I afterwards went to Palmer's lodging, and found this pair of trowsers.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I daresay there are a good many pieces like this—I do not know whose house it was where I found these things—Jarrett had been lodging there—I never saw him there, I saw his wife there.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-34" type="witnessName">
<interp inst="t18701212-name-34" type="gender" value="male"/>
<interp inst="t18701212-name-34" type="surname" value="MANN"/>
<interp inst="t18701212-name-34" type="given" value="JOHN"/>JOHN MANN</persName> </hi> (
<hi rend="italic">Re-examined</hi>). I noticed the trowsers Palmer had on when I saw him in Homer Row—they were similar to these now produced—I could not swear to them—they had a stripe in the same way, and were grey trowsers.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-35" type="witnessName">
<interp inst="t18701212-name-35" type="gender" value="male"/>
<interp inst="t18701212-name-35" type="surname" value="DIXON"/>
<interp inst="t18701212-name-35" type="given" value="HENRY"/>HENRY DIXON</persName> </hi> (
<hi rend="italic">Policeman D</hi> 88). On Wednesday night, 2nd November, about 10.25, I was in Homer Row, and saw the two prisoners and a female speaking—I heard the woman say to Jarrett "You should not go into the House of God to made ridicule"—I came up at the time, and she said "Policeman, these men have been in the church, and laughing at me; and because I chastised them, they are following me about"—Jarrett said "It was not me that laughed, it was you"—I have not the slightest doubt the prisoners are the men—I afterwards saw them at the station, and recognized them at once—they were not placed with others—they were in the dock when I walked in.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I knew what the charge was against them then—the night of 2nd November was damp, but clear—I had never seen them before.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-36" type="witnessName">
<interp inst="t18701212-name-36" type="gender" value="male"/>
<interp inst="t18701212-name-36" type="surname" value="STEVENS"/>
<interp inst="t18701212-name-36" type="given" value="JOHN"/>REV. JOHN STEVENS</persName> </hi>. I am a Roman Catholic priest, and live at 8, Clapham Park Road—this black bag is mine—I had it at the chapel in Homer Row on 15th October, and left it there in the vestry.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I am not one of the priests of that chapel, I was staying there for a few weeks—I was there at the time of the robbery—I could not say for a day or two when I last saw the bag, but within a week of the robbery.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-37" type="witnessName">
<interp inst="t18701212-name-37" type="gender" value="male"/>
<interp inst="t18701212-name-37" type="surname" value="JARRETT"/>
<interp inst="t18701212-name-37" type="given" value="GEORGE"/>GEORGE JARRETT</persName> </hi>. I am the father of the prisoner, and live at 18, By-water Street, Chelsea—I am a carpenter—he lodged at 4, Trinity Terrace, Vauxhall Bridge Road, Pimlico.</p>
<p>
<hi rend="italic">Cross-examined.</hi> He and his wife lived in the house, no one else—the house belongs to my wife's sister, and I had the letting of it and looking after it—I am not there every day—I have only been there ones in the last six weeks, I think.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-38" type="witnessName">
<interp inst="t18701212-name-38" type="gender" value="male"/>
<interp inst="t18701212-name-38" type="surname" value="CLOUGH"/>
<interp inst="t18701212-name-38" type="given" value="EDWARD"/>EDWARD CLOUGH</persName> </hi> (
<hi rend="italic">Detective Officer B.</hi> I was with Watts, and apprehended Palmer—on telling him the charge he said "This is a bit more of it"—on the way to the station he asked where our warrant was, and I heard him call out to Jarrett "Harry, do they want you to
<hi rend="italic">round?</hi> don't tell."</p>
<p>
<hi rend="smallCaps">
<rs id="t18701212-57-verdict-1" type="verdictDescription">
<interp inst="t18701212-57-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18701212-57-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<p>
<hi rend="largeCaps">PALMER</hi>
<hi rend="italic">also</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to a previous conviction in April</hi>, 1869—
<hi rend="italic">
<rs id="t18701212-57-punishment-6" type="punishmentDescription">
<interp inst="t18701212-57-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18701212-57-punishment-6" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-57-18701212 t18701212-57-punishment-6"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-57-18701212 t18701212-57-punishment-6"/>Seven Years' Penal Servitude each</rs>. There was another indict
<lb/>ment against each of the prisoners for a like offence.</hi> </p> </div1>
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<interp inst="t18701212-58" type="uri" value="sessionsPapers/18701212"/>
<interp inst="t18701212-58" type="date" value="18701212"/>
<join result="criminalCharge" id="t18701212-58-charge-1" targOrder="Y" targets="def1-58-18701212 t18701212-58-offence-1 t18701212-58-verdict-1"/>
<p>58.
<persName id="def1-58-18701212" type="defendantName">
<interp inst="def1-58-18701212" type="gender" value="male"/>
<interp inst="def1-58-18701212" type="age" value="32"/>
<interp inst="def1-58-18701212" type="surname" value="THORPE"/>
<interp inst="def1-58-18701212" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES THORPE</hi> (32)</persName>
<rs id="t18701212-58-offence-1" type="offenceDescription">
<interp inst="t18701212-58-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18701212-58-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery, with violence, on
<persName id="t18701212-name-40" type="victimName">
<interp inst="t18701212-name-40" type="gender" value="male"/>
<interp inst="t18701212-name-40" type="surname" value="AGGIS"/>
<interp inst="t18701212-name-40" type="given" value="JOHN JOSEPH"/>
<interp inst="t18701212-name-40" type="occupation" value="scale fitter"/>
<join result="offenceVictim" targOrder="Y" targets="t18701212-58-offence-1 t18701212-name-40"/>John Joseph Aggis</persName>, and stealing a purse and 2
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>., his property.</rs> </p>
<p>
<hi rend="smallCaps">MR. PATER</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-41" type="witnessName">
<interp inst="t18701212-name-41" type="gender" value="male"/>
<interp inst="t18701212-name-41" type="surname" value="AGGIS"/>
<interp inst="t18701212-name-41" type="given" value="JOHN JOSEPH"/>JOHN JOSEPH AGGIS</persName> </hi>. I am a scale fitter—on the evening of 5th November, about 9 o'clock, I was in Lombard Street—I was walking fast to catch a train—I was carrying two parcels, one under each arm—a lady and gentleman, as I thought, came up against me—the prisoner was the gentle
<lb/>man—I begged their pardon—I felt something touch me, and I missed my</p>
<xptr type="pageFacsimile" doc="187012120008"/>
<p>purse, containing 2
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>.—I saw my purse in the prisoner's hand—I tried to get it away from him and called "Police!"—I struggled with him till the female got away, and then he ran away—I saw him pass the purse to the female—the prisoner was stopped by a constable, and I gave him in custody.</p>
<p>
<hi rend="italic">Prisoner.</hi> How long were you conversing with the female?
<hi rend="italic">Witness.</hi> I don't know anything about conversing with her—I did not converse with her; that is your own make up—it was done very clever and very sharp.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-42" type="witnessName">
<interp inst="t18701212-name-42" type="gender" value="male"/>
<interp inst="t18701212-name-42" type="surname" value="DAVIS"/>
<interp inst="t18701212-name-42" type="given" value="FREDERICK"/>FREDERICK DAVIS</persName> </hi> (
<hi rend="italic">City Policeman</hi> 760). I was on duty in Lombard Street, on 5th November, about 9 o'clock, and heard a cry of "Police!"—I ran up and saw the prosecutor and prisoner—the prisoner was given into custody by the prosecutor for stealing his purse—the prisoner said "You are mistaken in me, you must be mistaken"—the prosecutor had had a glass to drink, he was not drunk—he had a small bird-cage under one arm and a parcel under the other.</p>
<p>
<hi rend="italic">The prisoner, in his defence, stated that he saw the prosecutor talking to the female, and as he passed the prosecutor said he had lost his purse; and as he was walking away the policeman stopped him; and that he knew nothing of the purse.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18701212-58-verdict-1" type="verdictDescription">
<interp inst="t18701212-58-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18701212-58-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, December</hi> 12
<hi rend="italic">th</hi>, 1870.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
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<interp inst="t18701212-59" type="uri" value="sessionsPapers/18701212"/>
<interp inst="t18701212-59" type="date" value="18701212"/>
<join result="criminalCharge" id="t18701212-59-charge-1" targOrder="Y" targets="def1-59-18701212 t18701212-59-offence-1 t18701212-59-verdict-1"/>
<p>59.
<persName id="def1-59-18701212" type="defendantName">
<interp inst="def1-59-18701212" type="gender" value="male"/>
<interp inst="def1-59-18701212" type="age" value="38"/>
<interp inst="def1-59-18701212" type="surname" value="JONES"/>
<interp inst="def1-59-18701212" type="given" value="SAMUEL"/>
<hi rend="largeCaps">SAMUEL JONES</hi> (38)</persName>,
<hi rend="smallCaps">
<rs id="t18701212-59-verdict-1" type="verdictDescription">
<interp inst="t18701212-59-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18701212-59-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18701212-59-offence-1" type="offenceDescription">
<interp inst="t18701212-59-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18701212-59-offence-1" type="offenceSubcategory" value="coiningOffences"/>to unlawfully uttering counterfeit coin—</rs>
<hi rend="italic">
<rs id="t18701212-59-punishment-7" type="punishmentDescription">
<interp inst="t18701212-59-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18701212-59-punishment-7" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-59-18701212 t18701212-59-punishment-7"/>Nine Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18701212-60">
<interp inst="t18701212-60" type="uri" value="sessionsPapers/18701212"/>
<interp inst="t18701212-60" type="date" value="18701212"/>
<join result="criminalCharge" id="t18701212-60-charge-1" targOrder="Y" targets="def1-60-18701212 t18701212-60-offence-1 t18701212-60-verdict-1"/>
<p>60.
<persName id="def1-60-18701212" type="defendantName">
<interp inst="def1-60-18701212" type="gender" value="male"/>
<interp inst="def1-60-18701212" type="age" value="48"/>
<interp inst="def1-60-18701212" type="surname" value="GUNYER"/>
<interp inst="def1-60-18701212" type="given" value="WALTER"/>
<hi rend="largeCaps">WALTER GUNYER</hi> (48)</persName>
<rs id="t18701212-60-offence-1" type="offenceDescription">
<interp inst="t18701212-60-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18701212-60-offence-1" type="offenceSubcategory" value="embezzlement"/>, to embezzling 4
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>., 18
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., 3
<hi rend="italic">l</hi>., and 3
<hi rend="italic">l</hi>., of
<persName id="t18701212-name-45" type="victimName">
<interp inst="t18701212-name-45" type="gender" value="male"/>
<interp inst="t18701212-name-45" type="surname" value="AHRENS"/>
<interp inst="t18701212-name-45" type="given" value="BERNARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18701212-60-offence-1 t18701212-name-45"/>Bernard Ahrens</persName>, his master, who recommended him to mercy—</rs>
<rs id="t18701212-60-punishment-8" type="punishmentDescription">
<interp inst="t18701212-60-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18701212-60-punishment-8" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-60-18701212 t18701212-60-punishment-8"/>
<hi rend="italic">Six Months' Imprisonment.</hi> </rs>
<rs id="t18701212-60-verdict-1" type="verdictDescription">
<interp inst="t18701212-60-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18701212-60-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs> </p> </div1>
<div1 type="trialAccount" id="t18701212-61">
<interp inst="t18701212-61" type="uri" value="sessionsPapers/18701212"/>
<interp inst="t18701212-61" type="date" value="18701212"/>
<join result="criminalCharge" id="t18701212-61-charge-1" targOrder="Y" targets="def1-61-18701212 t18701212-61-offence-1 t18701212-61-verdict-1"/>
<p>61.
<persName id="def1-61-18701212" type="defendantName">
<interp inst="def1-61-18701212" type="gender" value="male"/>
<interp inst="def1-61-18701212" type="age" value="46"/>
<interp inst="def1-61-18701212" type="surname" value="SCOTT"/>
<interp inst="def1-61-18701212" type="given" value="JAMES IRWIN"/>
<hi rend="largeCaps">JAMES IRWIN SCOTT</hi> (46)</persName>
<rs id="t18701212-61-offence-1" type="offenceDescription">
<interp inst="t18701212-61-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18701212-61-offence-1" type="offenceSubcategory" value="libel"/>, to unlawfully publishing a libel—</rs>
<rs id="t18701212-61-punishment-9" type="punishmentDescription">
<interp inst="t18701212-61-punishment-9" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18701212-61-punishment-9" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-61-18701212 t18701212-61-punishment-9"/>
<hi rend="italic">To enter into his recognizances, having already published a public apology.</hi> </rs>
<rs id="t18701212-61-verdict-1" type="verdictDescription">
<interp inst="t18701212-61-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18701212-61-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs> </p> </div1>
<div1 type="trialAccount" id="t18701212-62">
<interp inst="t18701212-62" type="uri" value="sessionsPapers/18701212"/>
<interp inst="t18701212-62" type="date" value="18701212"/>
<join result="criminalCharge" id="t18701212-62-charge-1" targOrder="Y" targets="def1-62-18701212 t18701212-62-offence-1 t18701212-62-verdict-1"/>
<join result="criminalCharge" id="t18701212-62-charge-2" targOrder="Y" targets="def2-62-18701212 t18701212-62-offence-1 t18701212-62-verdict-2"/>
<p>62.
<persName id="def1-62-18701212" type="defendantName">
<interp inst="def1-62-18701212" type="gender" value="male"/>
<interp inst="def1-62-18701212" type="age" value="22"/>
<interp inst="def1-62-18701212" type="surname" value="MAHONEY"/>
<interp inst="def1-62-18701212" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY MAHONEY</hi> (22)</persName>, and
<persName id="def2-62-18701212" type="defendantName">
<interp inst="def2-62-18701212" type="gender" value="male"/>
<interp inst="def2-62-18701212" type="age" value="27"/>
<interp inst="def2-62-18701212" type="surname" value="WILLIS"/>
<interp inst="def2-62-18701212" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE WILLIS</hi> (27)</persName>
<rs id="t18701212-62-offence-1" type="offenceDescription">
<interp inst="t18701212-62-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18701212-62-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlaw
<lb/>fully uttering counterfeit coin, to which</rs> </p>
<p>
<hi rend="largeCaps">MAHONEY</hi>
<hi rend="smallCaps">
<rs id="t18701212-62-verdict-1" type="verdictDescription">
<interp inst="t18701212-62-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18701212-62-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.</p>
<p>
<hi rend="smallCaps">MR. COLERIDGE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-49" type="witnessName">
<interp inst="t18701212-name-49" type="gender" value="male"/>
<interp inst="t18701212-name-49" type="surname" value="MASON"/>
<interp inst="t18701212-name-49" type="given" value="GEORGE"/>GEORGE MASON</persName> </hi>. My brother is a baker, of Chapel Street, Belgrave Square, which is also a post-office—on 29th November I served Mahoney with 2
<hi rend="italic">s</hi>. worth of postage stamps—he gave me a bad half-crown—I told him it was bad—he said "Let me look at it"—I did so—he broke it in two and gave me a good one—I asked him to let me look at the bad one, and retained half of it—he left, and my brother and I followed him—he joined Willis at the top of the street, and they went off together, towards Knightsbridge, where they separated, and Mahoney went into a baker's shop—I spoke to
<hi rend="italic">B</hi> 366, and my brother went into the baker's—the pri
<lb/>soners joined again, and I gave them in custody, with the piece of the half-crown.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-50" type="witnessName">
<interp inst="t18701212-name-50" type="gender" value="male"/>
<interp inst="t18701212-name-50" type="surname" value="WILSON"/>
<interp inst="t18701212-name-50" type="given" value="JAMES"/>JAMES WILSON</persName> </hi>. I am the brother of the last witness—I followed the prisoners, and went into the baker's shop at Knightsbridge, where Miss Couderoy, who was serving, gave me this half-crown—I gave it to the constable.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-51" type="witnessName">
<interp inst="t18701212-name-51" type="gender" value="female"/>
<interp inst="t18701212-name-51" type="surname" value="COUDEROY"/>
<interp inst="t18701212-name-51" type="given" value="ELEANOR"/>ELEANOR COUDEROY</persName> </hi>. I am assistant to Mr. Watson, a baker, of St. George's Place, Knightsbridge—on 29th November Mahoney came for two buns, and gave me a half-crown, which I put in a separate compartment of</p>
<xptr type="pageFacsimile" doc="187012120009"/>
<p>the till, where there was no other half-crown—I afterwards gave it to Mason—I put the buns in a paper with Mr. Watson's name on it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-52" type="witnessName">
<interp inst="t18701212-name-52" type="gender" value="male"/>
<interp inst="t18701212-name-52" type="surname" value="CONNELL"/>
<interp inst="t18701212-name-52" type="given" value="DAVID"/>DAVID CONNELL</persName> </hi> (
<hi rend="italic">Policeman B</hi> 366). I received information, and saw Mahoney come out of Watson's shop, and saw Mason go in—the two pri
<lb/>soners were given into my custody—Mahoney said that he passed the broken coin in Chapel Street, and asked the gentleman to try it, who broke it—Mason gave me this piece, and gave me this half-crown at the station—Mahoney was searched, and a pocket-book, a necktie, a knife, a pencil, and a good half-crown were found on him; but no small change—on Willis was found a silver watch and chain, a bag with Mr. Watson's name on it containing two buns, nineteen shillings, a florin, and 2 1/2
<hi rend="italic">d</hi>. in copper, all good, and 2
<hi rend="italic">s</hi>. worth of postage stamps.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-53" type="witnessName">
<interp inst="t18701212-name-53" type="gender" value="male"/>
<interp inst="t18701212-name-53" type="surname" value="WEBSTER"/>
<interp inst="t18701212-name-53" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These two half-crowns are bad, and from the same mould.</p>
<p>
<hi rend="italic">Willis's Defence.</hi> I had been to Sloane Street, and met Mahoney, who I knew. He asked me to go with him, as he had some things to buy, but had only got 2
<hi rend="italic">s</hi>. worth of stamps. I gave him the money for them. He said "Wait a few minutes, and I will be back." He came back with a bag and some cakes. He returned me my 2
<hi rend="italic">s</hi>., and I gave him the stamps. I was just taking a cake out of the bag, when the policeman took me. A gentleman, for whom I have worked, will gave me a good character.</p>
<p>
<hi rend="italic">Witnesses for Willis.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-54" type="witnessName">
<interp inst="t18701212-name-54" type="gender" value="male"/>
<interp inst="t18701212-name-54" type="surname" value="CRESSWELL"/>
<interp inst="t18701212-name-54" type="given" value="WILLIAM"/>WILLIAM CRESSWELL</persName> </hi>. I am a French polisher, a piece-master—I have employed Willis for six or seven months, and always found him upright and just—I think last Saturday week was the last time he worked for me—he was discharged when I had nothing for him to do.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COLERIDGE</hi>. I have known him several years—I do not know where he was for the eighteen months before he last went into my employ—I did not see him during those eighteen months—I believe he was away—I do not know that he was in prison during that time for passing counterfeit coin, or I should not have come here—he is no relation of mine—I do not know that he was passing by the name of Henry Coombes—he never worked for me in that name.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-55" type="witnessName">
<interp inst="t18701212-name-55" type="gender" value="male"/>
<interp inst="t18701212-name-55" type="surname" value="MAHONEY"/>
<interp inst="t18701212-name-55" type="given" value="HENRY"/>HENRY MAHONEY</persName> </hi> (
<hi rend="italic">the prisoner.</hi>) I asked Willis to give me 2
<hi rend="italic">s</hi>. for some stamps; he gave me a half-crown, and I gave him sixpence; I went and bought some buns, and came back, and handed him one, and paid him his money back, and the policeman came and caught us.</p>
<p>
<hi rend="italic">Cross-examined.</hi> This is not my first offence—I was convicted here two years ago, but not of uttering—I have known Willis three or four years; he is a French polisher—I met him by accident.</p>
<p>
<hi rend="italic">Witnesses in reply.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-56" type="witnessName">
<interp inst="t18701212-name-56" type="gender" value="male"/>
<interp inst="t18701212-name-56" type="surname" value="KEMP"/>
<interp inst="t18701212-name-56" type="given" value="RICHARD"/>RICHARD KEMP</persName> </hi>. I am a gaoler, of Wandsworth—we received Willis there from Dover, just over two years ago—he was charged with uttering counter
<lb/>feit coin, in the name of Cole, and sentenced to eighteen months—at the end of that time he was discharged; I think it was last April.</p>
<p>
<hi rend="italic">Willis.</hi> You are mistaken, I have never been in prison in my life.
<hi rend="italic">Witness.</hi> I have no doubt about you; you were under my observation the whole eighteen months.</p>
<p>
<hi rend="italic">Willis.</hi> I was out in the
<hi rend="italic">Mary Ann</hi>, as steward, and was away two years—I went to New York and back; when I returned I went to Mr. Cresswell for a situation, and he gave me one.</p>
<p>
<hi rend="largeCaps">WILLIS</hi>
<hi rend="smallCaps">
<rs id="t18701212-62-verdict-2" type="verdictDescription">
<interp inst="t18701212-62-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18701212-62-verdict-2" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<p>
<hi rend="largeCaps">MAHONEY</hi>*—
<hi rend="italic">
<rs id="t18701212-62-punishment-10" type="punishmentDescription">
<interp inst="t18701212-62-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18701212-62-punishment-10" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-62-18701212 t18701212-62-punishment-10"/>Six Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18701212-63">
<interp inst="t18701212-63" type="uri" value="sessionsPapers/18701212"/>
<interp inst="t18701212-63" type="date" value="18701212"/>
<join result="criminalCharge" id="t18701212-63-charge-1" targOrder="Y" targets="def1-63-18701212 t18701212-63-offence-1 t18701212-63-verdict-1"/>
<xptr type="pageFacsimile" doc="187012120010"/>
<p>63.
<persName id="def1-63-18701212" type="defendantName">
<interp inst="def1-63-18701212" type="gender" value="female"/>
<interp inst="def1-63-18701212" type="age" value="22"/>
<interp inst="def1-63-18701212" type="surname" value="HANDS"/>
<interp inst="def1-63-18701212" type="given" value="MARGARET"/>
<hi rend="largeCaps">MARGARET HANDS</hi> (22)</persName>
<rs id="t18701212-63-offence-1" type="offenceDescription">
<interp inst="t18701212-63-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18701212-63-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing a watch, of
<persName id="t18701212-name-58" type="victimName">
<interp inst="t18701212-name-58" type="gender" value="male"/>
<interp inst="t18701212-name-58" type="surname" value="PULLINGER"/>
<interp inst="t18701212-name-58" type="given" value="CHARLES"/>
<interp inst="t18701212-name-58" type="occupation" value="fiddle-maker"/>
<join result="offenceVictim" targOrder="Y" targets="t18701212-63-offence-1 t18701212-name-58"/>Charles Pullinger</persName>, from his person.</rs> </p>
<p>
<hi rend="smallCaps">MR. WOOD</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-59" type="witnessName">
<interp inst="t18701212-name-59" type="gender" value="male"/>
<interp inst="t18701212-name-59" type="surname" value="BERGER"/>
<interp inst="t18701212-name-59" type="given" value="THOMAS"/>THOMAS BERGER</persName> </hi> (
<hi rend="italic">Policeman H</hi> 210). On the evening of 1st December, I saw the prisoner on Tower Hill, kneeling on the chest of a man named Bullinger, who was on his back—I went up, and he rose and crossed the road to a cab, which she stopped, and was going to put Bullinger into it—she said "I will put him in"—I went to the cab, and she went away about ten yards—I followed her, brought her back, and asked what she bad in her hand—she said "Nothing"—I caught hold of her hand, forced it open, and found this watch in it—I asked her how she came by it—she said "It belongs to that man," and that she was taking care of it for him—I told her I should charge her with stealing it—she said nothing to that—I knew her by sight—Bullinger came to the cab, and I asked him if the watch was his, but he was too drunk to identify it—he seemed to recognize it next morning at the Thames Police Court.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-60" type="witnessName">
<interp inst="t18701212-name-60" type="gender" value="male"/>
<interp inst="t18701212-name-60" type="surname" value="BULLINGER"/>
<interp inst="t18701212-name-60" type="given" value="CHARLES"/>CHARLES BULLINGER</persName> </hi>. I am a fiddle-maker, of 16, Frith Street, Soho—on the evening of 1st December, I had taken too much drink, and do not remember meeting the prisoner—my watch was shown to me next day, and I identified it.</p>
<p>
<hi rend="smallCaps">
<rs id="t18701212-63-verdict-1" type="verdictDescription">
<interp inst="t18701212-63-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18701212-63-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18701212-64">
<interp inst="t18701212-64" type="uri" value="sessionsPapers/18701212"/>
<interp inst="t18701212-64" type="date" value="18701212"/>
<join result="criminalCharge" id="t18701212-64-charge-1" targOrder="Y" targets="def1-64-18701212 t18701212-64-offence-1 t18701212-64-verdict-1"/>
<p>64.
<persName id="def1-64-18701212" type="defendantName">
<interp inst="def1-64-18701212" type="gender" value="male"/>
<interp inst="def1-64-18701212" type="age" value="20"/>
<interp inst="def1-64-18701212" type="surname" value="BUTT"/>
<interp inst="def1-64-18701212" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK BUTT</hi> (20)</persName>
<rs id="t18701212-64-offence-1" type="offenceDescription">
<interp inst="t18701212-64-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18701212-64-offence-1" type="offenceSubcategory" value="forgery"/>, Feloniously forging and uttering an order for the payment 8
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., with intent to defraud.</rs> </p>
<p>
<hi rend="smallCaps">MR. STRAIGHT</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-62" type="witnessName">
<interp inst="t18701212-name-62" type="gender" value="male"/>
<interp inst="t18701212-name-62" type="surname" value="COOK"/>
<interp inst="t18701212-name-62" type="given" value="RICHARD"/>RICHARD COOK</persName> </hi>. I am the son of Richard Cook, of 62, Paul Street, Finsbury, and am getting on for twelve years old—on 1st December I saw the prisoner in Pitfield Street, Hoxton—he said that he would give me a shilling to take a cheque to the Imperial Bank, Lothbury, for him—he gave me a letter addressed to the Imperial Bank, and said I was to bring back a parcel to him at the corner of King Street, Finsbury—I took it there—a gentleman opened it, and took two or three papers out, one of which was a slip like this cheque (
<hi rend="italic">produced</hi>)—the gentleman gave me another letter for it, which I took to the corner of King Street, and waited there three quarters of an hour, but the prisoner did not come—I gave it to Funnell, the officer.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-63" type="witnessName">
<interp inst="t18701212-name-63" type="gender" value="male"/>
<interp inst="t18701212-name-63" type="surname" value="SBRJEANT"/>
<interp inst="t18701212-name-63" type="given" value="JOHN"/>JOHN SBRJEANT</persName> </hi>. I live with my father, Henry Serjeant, a news-agent, at 20, Compton Street, Goswell Street—on 2nd December, I saw the prisoner in Aldersgate Street—he asked me to take a letter to the Imperial Bank, at the bottom of Moorgate Street, for him, and said he would give me 6
<hi rend="italic">d</hi>.—I told him I was going on an errand to Coleman Street, and could not go—he walked with me, gave me the letter, and said that if anybody asked me where I came from I was to say I worked for Mr. Jones—he said I should get a small parcel at the bank, which I was to bring to Finsbury Circus, and wait, at the corner for him—I went to the bank with the letter, and gave it to a gentleman there, who gave me another letter, which I took to Finsbury Circus, and gave to the prisoner—he gave me 6
<hi rend="italic">d</hi>., and went towards the railway station.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-64" type="witnessName">
<interp inst="t18701212-name-64" type="gender" value="male"/>
<interp inst="t18701212-name-64" type="surname" value="HUNTER"/>
<interp inst="t18701212-name-64" type="given" value="THOMAS WILLIAM"/>THOMAS WILLIAM HUNTER</persName> </hi>. I am chief cashier at the Imperial Bank, Lothbury—on 1st December, Cook came in with this letter—(
<hi rend="italic">This requested the enclosed cheque to be cashed in notes, and enclosed in an envelope, and the numbers taken in case the bearer should lose them.</hi>)—I made up a letter, and gave it to Cook—on November 2nd, Serjeant brought this letter and cheque</p>
<xptr type="pageFacsimile" doc="187012120011"/>
<p>for 18
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., payable to Mr. Jones, and signed "John Harris & Son"—(
<hi rend="italic">This was addressed</hi> 18,
<hi rend="italic">Church Street, Shereditch, and stated "Kindly secure money safely for boy.</hi>"</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-65" type="witnessName">
<interp inst="t18701212-name-65" type="gender" value="male"/>
<interp inst="t18701212-name-65" type="surname" value="BIDDLE"/>
<interp inst="t18701212-name-65" type="given" value="RICHARD"/>RICHARD BIDDLE</persName> </hi>. I am a cashier at the Imperial Bank—I produce an order for a cheque-book signed "John Harris & Son"—at that time a person named John Edwards was in the service of the bank, whose duty it was to give out cheque-books—having done so it was his duty to enter in a book the numbers of the cheques—I find an entry on 2nd March in his writing, stating that a cheque-book and 100 cheques, numbered 138901 to 139000 had been given out—I believe the order is not in Messrs. Harris's writing—they have kept an account there for some time—this cheque 138901 for 21
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., dated 2nd March, was presented and paid—it is a forgery—these other cheques for 25
<hi rend="italic">l</hi>. and 18
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. are also forgeries—they are not in Messrs. Harris's writing.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-66" type="witnessName">
<interp inst="t18701212-name-66" type="gender" value="male"/>
<interp inst="t18701212-name-66" type="surname" value="HARRIS"/>
<interp inst="t18701212-name-66" type="given" value="JOHN"/>JOHN HARRIS</persName> </hi>. I am a member of the firm of John Harris & Son, of Beech Street, Barbican, chemists and druggists—in 1869 we employed the prisoner for throe months as assistant dispenser, and he became conversant with our mode of signing cheques—he has been sent to the bank frequently—we had an account at the Imperial Bank, Lothbury—neither of these three cheques are our drawing—I do not know Mr. Jones or Mr. Robinson—this letter is in the prisoner's writing—(
<hi rend="italic">This was dated "Newgets</hi>, 6
<hi rend="italic">th, December" from the prisoner to Mr. Harris, in which he stated:</hi> "I have done that which is wrong, but that I intended to cheat or swindle I deny. May I beg of you to recommend me to mercy.")</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Did I conduct myself honestly all the time I was in your service?
<hi rend="italic">A.</hi> I can hardly tell—I have no reason to suspect you—you only came under a temporary arrangement.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-67" type="witnessName">
<interp inst="t18701212-name-67" type="gender" value="male"/>
<interp inst="t18701212-name-67" type="surname" value="FUNNELL"/>
<interp inst="t18701212-name-67" type="given" value="EDWARD"/>EDWARD FUNNELL</persName> </hi> (
<hi rend="italic">Detective Sergeant.</hi>) I was called to the bank on 1st December, and on the morning of the 2nd I was sent for, and found Serjeant there, with this cheque and letter—I saw him leave, and followed him—I saw the prisoner close to the bank, watching the door—the boy went towards Finsbury Circus, and the prisoner crossed over and walked on the opposite side—as the boy went into Finsbury Circus the prisoner went behind him, caught hold of his hand, and they went round the Circus together, to the Underground Railway Station, where the boy gave the prisoner the letter, and he gave the boy something—Scott went after the prisoner, and I went after the boy—the prisoner was brought from the railway station, and I found a letter on him, addressed to Mr. Jones—another letter was given to me the preceding day.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-68" type="witnessName">
<interp inst="t18701212-name-68" type="gender" value="male"/>
<interp inst="t18701212-name-68" type="surname" value="SCOTT"/>
<interp inst="t18701212-name-68" type="given" value="GEORGE"/>GEORGE SCOTT</persName> </hi> (
<hi rend="italic">City Detective.</hi>) I was with Funnell—I followed the prisoner into the railway station, and asked him to give me what he had received of the boy in the street—he said "I have sent no boy for anything"—Funnell came up and took this letter from the prisoner's pocket—I searched him at the station and found four keys—he gave me his address 93, Pentonville Hill—I went there and found a box, which I opened with one of the keys, and found in it this cheque-book (
<hi rend="italic">produced.</hi>)</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I used Messrs. Harris's name for the purpose of obtaining the money, but not with the intention of defrauding them, or the Imperial Bank. I meant to pay back every farthing of the money. If I had intended to defraud them I should not have stated in the letter that the bank were to take the numbers of the notes.</p>
<p>
<hi rend="smallCaps">
<rs id="t18701212-64-verdict-1" type="verdictDescription">
<interp inst="t18701212-64-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18701212-64-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18701212-64-punishment-11" type="punishmentDescription">
<interp inst="t18701212-64-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18701212-64-punishment-11" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-64-18701212 t18701212-64-punishment-11"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<xptr type="pageFacsimile" doc="187012120012"/>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, December</hi> 13
<hi rend="italic">th</hi>, 1870.</p>
<p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18701212-65">
<interp inst="t18701212-65" type="uri" value="sessionsPapers/18701212"/>
<interp inst="t18701212-65" type="date" value="18701212"/>
<join result="criminalCharge" id="t18701212-65-charge-1" targOrder="Y" targets="def1-65-18701212 t18701212-65-offence-1 t18701212-65-verdict-1"/>
<p>65.
<persName id="def1-65-18701212" type="defendantName">
<interp inst="def1-65-18701212" type="gender" value="male"/>
<interp inst="def1-65-18701212" type="age" value="17"/>
<interp inst="def1-65-18701212" type="surname" value="JONES"/>
<interp inst="def1-65-18701212" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS JONES</hi> (17)</persName>,
<hi rend="smallCaps">
<rs id="t18701212-65-verdict-1" type="verdictDescription">
<interp inst="t18701212-65-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18701212-65-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18701212-65-offence-1" type="offenceDescription">
<interp inst="t18701212-65-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18701212-65-offence-1" type="offenceSubcategory" value="embezzlement"/> to embezzling 3
<hi rend="italic">l</hi>. 19
<hi rend="italic">s</hi>. of
<persName id="t18701212-name-70" type="victimName">
<interp inst="t18701212-name-70" type="gender" value="male"/>
<interp inst="t18701212-name-70" type="surname" value="MORRISON"/>
<interp inst="t18701212-name-70" type="given" value="ALFRED"/>
<join result="offenceVictim" targOrder="Y" targets="t18701212-65-offence-1 t18701212-name-70"/>Alfred Morrison</persName>, his master—</rs>
<hi rend="italic">
<rs id="t18701212-65-punishment-12" type="punishmentDescription">
<interp inst="t18701212-65-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18701212-65-punishment-12" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-65-18701212 t18701212-65-punishment-12"/>Nine Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18701212-66">
<interp inst="t18701212-66" type="uri" value="sessionsPapers/18701212"/>
<interp inst="t18701212-66" type="date" value="18701212"/>
<join result="criminalCharge" id="t18701212-66-charge-1" targOrder="Y" targets="def1-66-18701212 t18701212-66-offence-1 t18701212-66-verdict-1"/>
<p>66.
<persName id="def1-66-18701212" type="defendantName">
<interp inst="def1-66-18701212" type="gender" value="male"/>
<interp inst="def1-66-18701212" type="surname" value="LAMB"/>
<interp inst="def1-66-18701212" type="given" value="ROBERT"/>
<hi rend="largeCaps">ROBERT LAMB</hi> </persName>
<rs id="t18701212-66-offence-1" type="offenceDescription">
<interp inst="t18701212-66-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18701212-66-offence-1" type="offenceSubcategory" value="forgery"/>, to feloniously uttering a forged request for the delivery of goods—</rs>
<hi rend="italic">Recommended to mercy by the Prosecutor—
<rs id="t18701212-66-punishment-13" type="punishmentDescription">
<interp inst="t18701212-66-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18701212-66-punishment-13" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-66-18701212 t18701212-66-punishment-13"/>Three Months' Imprisonment.</rs> </hi> And
<rs id="t18701212-66-verdict-1" type="verdictDescription">
<interp inst="t18701212-66-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18701212-66-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs> </p> </div1>
<div1 type="trialAccount" id="t18701212-67">
<interp inst="t18701212-67" type="uri" value="sessionsPapers/18701212"/>
<interp inst="t18701212-67" type="date" value="18701212"/>
<join result="criminalCharge" id="t18701212-67-charge-1" targOrder="Y" targets="def1-67-18701212 t18701212-67-offence-1 t18701212-67-verdict-1"/>
<p>67.
<persName id="def1-67-18701212" type="defendantName">
<interp inst="def1-67-18701212" type="gender" value="male"/>
<interp inst="def1-67-18701212" type="age" value="45"/>
<interp inst="def1-67-18701212" type="surname" value="LEWIS"/>
<interp inst="def1-67-18701212" type="given" value="BUXTON"/>
<hi rend="largeCaps">BUXTON LEWIS</hi> (45)</persName>
<rs id="t18701212-67-offence-1" type="offenceDescription">
<interp inst="t18701212-67-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18701212-67-offence-1" type="offenceSubcategory" value="burglary"/>, to a burglary in the dwelling-house of
<persName id="t18701212-name-73" type="victimName">
<interp inst="t18701212-name-73" type="gender" value="male"/>
<interp inst="t18701212-name-73" type="surname" value="HANKEY"/>
<interp inst="t18701212-name-73" type="given" value="JOHN ALEXANDER"/>
<join result="offenceVictim" targOrder="Y" targets="t18701212-67-offence-1 t18701212-name-73"/>John Alexander Hankey</persName>, and stealing a sugar-basin and other articles, his property, having been before convicted of felony.—</rs>
<rs id="t18701212-67-punishment-14" type="punishmentDescription">
<interp inst="t18701212-67-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18701212-67-punishment-14" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-67-18701212 t18701212-67-punishment-14"/>
<hi rend="italic">Seven Years' Penal Servitude.</hi> </rs>
<rs id="t18701212-67-verdict-1" type="verdictDescription">
<interp inst="t18701212-67-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18701212-67-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs> </p> </div1>
<div1 type="trialAccount" id="t18701212-68">
<interp inst="t18701212-68" type="uri" value="sessionsPapers/18701212"/>
<interp inst="t18701212-68" type="date" value="18701212"/>
<join result="criminalCharge" id="t18701212-68-charge-1" targOrder="Y" targets="def1-68-18701212 t18701212-68-offence-1 t18701212-68-verdict-1"/>
<p>68.
<persName id="def1-68-18701212" type="defendantName">
<interp inst="def1-68-18701212" type="gender" value="male"/>
<interp inst="def1-68-18701212" type="age" value="32"/>
<interp inst="def1-68-18701212" type="surname" value="BENNETT"/>
<interp inst="def1-68-18701212" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY BENNETT</hi> (32)</persName>
<rs id="t18701212-68-offence-1" type="offenceDescription">
<interp inst="t18701212-68-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18701212-68-offence-1" type="offenceSubcategory" value="forgery"/>, Unlawfully forging and uttering a certain ticket of admission to the dress-circle of
<placeName id="t18701212-geo-2">
<join result="offencePlace" targOrder="Y" targets="t18701212-68-offence-1 t18701212-geo-2"/>Drury Lane Theatre</placeName>, with intent to defraud.</rs> </p>
<p>
<hi rend="smallCaps">MR. F. H. LEWIS</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. MONTAGU WILLIAMS</hi>
<hi rend="italic">the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-75" type="witnessName">
<interp inst="t18701212-name-75" type="gender" value="male"/>
<interp inst="t18701212-name-75" type="surname" value="REGAN"/>
<interp inst="t18701212-name-75" type="given" value="JOHN"/>JOHN REGAN</persName> </hi>. I attend Drury Lane Theatre in uniform, as servant to Mr. Chatterton, the lessee—on the evening of 30th November somebody made a communication to me, in consequence of which I watched the prisoner—I saw him follow about a dozen ladies and gentlemen up and down the front of the theatre outside—I did not see him offer anything—I commu
<lb/>nicated with the witness Shortis, and afterwards saw the prisoner hand something to Shortis—I went and took it out of Shortis's hand—it was this paper (
<hi rend="italic">produced</hi>)—it was not torn at that time—I took it to Mr. Guiver.</p>
<p>
<hi rend="italic">Cross-examined.</hi> My duty is to prevent people selling these orders and tickets in front of the theatre—this is a regular order for the theatre—there are parts of the year when a good many of them come in.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-76" type="witnessName">
<interp inst="t18701212-name-76" type="gender" value="male"/>
<interp inst="t18701212-name-76" type="surname" value="SHORTIS"/>
<interp inst="t18701212-name-76" type="given" value="WILLIAM"/>WILLIAM SHORTIS</persName> </hi>. I am a painter—on the evening of 30th November, between 6 and 7 o'clock, I was opposite Drury Lane Theatre and saw the prisoner—I asked him the way to the pit—he said "I will show you; are you going to the theatre?"—I said "Yes"—he said "I have got an order for two to go into the dress-circle; I will let you have it for 5
<hi rend="italic">s</hi>."—he took the order out of his pocket-book and gave it to me, and while I was looking at it Regan came and took it out of my hand—it was whole then.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I saw at the bottom of the order "Evening dress is indispensable."</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-77" type="witnessName">
<interp inst="t18701212-name-77" type="gender" value="male"/>
<interp inst="t18701212-name-77" type="surname" value="GUIVER"/>
<interp inst="t18701212-name-77" type="given" value="JAMES"/>JAMES GUIVER</persName> </hi>. I am treasurer to Drury Lane Theatre—I was at the theatre on this evening—the prisoner was brought to me in front of the theatre—Regan said, in his presence, that he had been offering this order for sale, and he put it into my hands—no orders were being issued at that time—I held it up to the light, and in doing so I tore it—the date of the year and the day of the week has been altered—"Wednesday" has evidently been written over some other day—it appears to me as if it had been "Tuesday," and the figures following the 18 have been erased, and "70" substituted—I asked the prisoner where he obtained it—he said it was given to him by a bill-poster for exhibiting the bills of Drury Lane Theatre—10
<hi rend="italic">s</hi>. is the price of two admissions to the dress-circle—this ticket appears to have been given to a Mr. Cohen.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I know this ticket was posted to Mr. Cohen—his name is on it—Mr. Todd, Mr. Chattertou's secretary, is the only person who writes the orders—there is no other Mr. Cohen who has orders—a great</p>
<xptr type="pageFacsimile" doc="187012120013"/>
<p>many orders are given at times—orders are given to persons for exhibiting bills—Mr. Todd gives those, and he only—no orders have been given this season—this order would not have been admitted under any circumstances—we put on the orders "Evening dress is indispensable," but we do not enforce that regulation.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-78" type="witnessName">
<interp inst="t18701212-name-78" type="gender" value="male"/>
<interp inst="t18701212-name-78" type="surname" value="COHEN"/>
<interp inst="t18701212-name-78" type="given" value="MOSES"/>MOSES COHEN</persName> </hi>. I can't say that I recognize this order, but I may have received it at a certain time—I can't say that I used all the orders I received—I have not had any this year—I gave none of them to a bill-poster—I do not exhibit bills—these alterations are not mine.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-79" type="witnessName">
<interp inst="t18701212-name-79" type="gender" value="male"/>
<interp inst="t18701212-name-79" type="surname" value="TODD"/>
<interp inst="t18701212-name-79" type="given" value="FREDERICK CHARLES"/>FREDERICK CHARLES TODD</persName> </hi>. I am secretary to Mr. Chatterton—the words "M. Cohen, Esq., November 30," are in my handwriting—that was sent to Mr. Moss Cohen, the gentleman who has just been examined; I am certain of that—these alterations have not been made with my authority; I know nothing about them.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I am the only person who sends out orders—this was sent out either last year or the year before—I should think last year—I was there all last year and the year before—at times there are a good many orders—there are none this year—no one would be admitted with an order—pit orders are given to bill-posters for exhibiting bills; not dress-circle orders.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-80" type="witnessName">
<interp inst="t18701212-name-80" type="gender" value="male"/>
<interp inst="t18701212-name-80" type="surname" value="HOWDEN"/>
<interp inst="t18701212-name-80" type="given" value="JAMES"/>JAMES HOWDEN</persName> </hi>. The prisoner was given into my custody by Mr. Quiver—I told him if he did not give me satisfaction how he came in possession of this ticket he would be looked up—he said he got it from a poster, in Whitechapel.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-81" type="witnessName">
<interp inst="t18701212-name-81" type="gender" value="male"/>
<interp inst="t18701212-name-81" type="surname" value="BOYLE"/>
<interp inst="t18701212-name-81" type="given" value="WILLIAM"/>WILLIAM BOYLE</persName> </hi>. I received the prisoner in custody—I asked if he could account for the order—he said yes, it was given to him by a well
<lb/>known bill-poster, in Whitechapel—I asked him the name; he could not give it—I asked the address, and he said he could not give that—he could not tell the number of the house, the name of the street, or anything—he gave his own address as 6, Half Moon Passage, Whitechapel—I went there; it was an empty house—I afterwards went to 6, Half Moon Passage, Bishopsgate Within, thinking he might have made a mistake; he did not live there—it is a butcher's shop.</p>
<p>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>
<hi rend="italic">submittedthere was no case, the forgery must be shown to be to the prejudice of someone; but as it was proved that no orders were admitted, no one would have been defrauded.</hi>
<hi rend="smallCaps">THE RECORDER</hi>
<hi rend="italic">considered there was evidence of an intent to defraud Shortis, because, had he paid the</hi> 5
<hi rend="italic">s</hi>.
<hi rend="italic">and not been admitted, he would have been the loser, and if he had obtained admission the lessee would have been defrauded.</hi> </p>
<p>
<rs id="t18701212-68-verdict-1" type="verdictDescription">
<interp inst="t18701212-68-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18701212-68-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of uttering.</hi> </rs>**—
<hi rend="italic">
<rs id="t18701212-68-punishment-15" type="punishmentDescription">
<interp inst="t18701212-68-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18701212-68-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-68-18701212 t18701212-68-punishment-15"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18701212-69">
<interp inst="t18701212-69" type="uri" value="sessionsPapers/18701212"/>
<interp inst="t18701212-69" type="date" value="18701212"/>
<join result="criminalCharge" id="t18701212-69-charge-1" targOrder="Y" targets="def1-69-18701212 t18701212-69-offence-1 t18701212-69-verdict-1"/>
<join result="criminalCharge" id="t18701212-69-charge-2" targOrder="Y" targets="def2-69-18701212 t18701212-69-offence-1 t18701212-69-verdict-2"/>
<p>69.
<persName id="def1-69-18701212" type="defendantName">
<interp inst="def1-69-18701212" type="gender" value="male"/>
<interp inst="def1-69-18701212" type="age" value="24"/>
<interp inst="def1-69-18701212" type="surname" value="MCDONALD"/>
<interp inst="def1-69-18701212" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES McDONALD</hi> (24)</persName>, and
<persName id="def2-69-18701212" type="defendantName">
<interp inst="def2-69-18701212" type="gender" value="male"/>
<interp inst="def2-69-18701212" type="age" value="18"/>
<interp inst="def2-69-18701212" type="surname" value="SAWYER"/>
<interp inst="def2-69-18701212" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE SAWYER</hi> (18)</persName>
<rs id="t18701212-69-offence-1" type="offenceDescription">
<interp inst="t18701212-69-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18701212-69-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing a purse and 2
<hi rend="italic">l</hi>. of
<persName id="t18701212-name-84" type="victimName">
<interp inst="t18701212-name-84" type="gender" value="female"/>
<interp inst="t18701212-name-84" type="surname" value="HARRIS"/>
<interp inst="t18701212-name-84" type="given" value="LYDIA JANE"/>
<join result="offenceVictim" targOrder="Y" targets="t18701212-69-offence-1 t18701212-name-84"/>Lydia Jane Harris</persName>, from her person.</rs> </p>
<p>
<hi rend="largeCaps">McDONALD</hi>
<hi rend="smallCaps">
<rs id="t18701212-69-verdict-1" type="verdictDescription">
<interp inst="t18701212-69-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18701212-69-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.</p>
<p>
<hi rend="smallCaps">MR. BESLEY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-85" type="witnessName">
<interp inst="t18701212-name-85" type="gender" value="male"/>
<interp inst="t18701212-name-85" type="surname" value="RANDALL"/>
<interp inst="t18701212-name-85" type="given" value="HENRY"/>HENRY RANDALL</persName> </hi> (
<hi rend="italic">City Detective</hi> 168). On 1st December, about 3 o'clock in the afternoon I was in King William Street, City, with Lythell, another officer—I saw the two prisoners loitering about with another not in custody; they were talking to each other—I watched them, and saw them attempt to pick the pockets of three ladies in King William Street—McDonald put his hand into the pocket, but did not succeed in getting anything—Sawyer was close behind him, and the other man in front—they then went into</p>
<xptr type="pageFacsimile" doc="187012120014"/>
<p>Gracechurch Street, where McDonald put his hand into the prosecutrix's pocket, Sawyer being behind, and the other in front—he did not get any
<lb/>thing—they then followed the lady down Fish Street Hill, into Lower Thames Street, and there the third man placed himself in front of her, and impeded her passage—McDonald put his left hand into her pocket—Sawyer was close behind—I saw McDonald draw a purse out of her pocket with his two fingers, and the instant he got it he dropped it on the ground by accident—Sawyer immediately picked it up—they then separated, and ran as hard as they could in different directions—I followed Sawyer about 200 or 300 yards—he was running all that distance, but I did not lose sight of him—I came up with him, and told him I should take him into custody for picking a lady's pocket—he made no answer, but struggled to get away—I took him to the station, and there the prisoners denied knowing each other—I believe the purse was passed by Sawyer to the third man, who escaped, but I did not see it after Sawyer picked it up—the other man was close to him at the time.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-86" type="witnessName">
<interp inst="t18701212-name-86" type="gender" value="female"/>
<interp inst="t18701212-name-86" type="surname" value="HARRIS"/>
<interp inst="t18701212-name-86" type="given" value="LYDIA JANE"/>LYDIA JANE HARRIS</persName> </hi>. I am single, and live at 326, Kingsland Road—I was in King William Street on this day, between 3 and 4 o'clock—I felt nothing there—I went into Lower Thames Street, and a man endeavoured to prevent my passing—I attempted to go behind the man, and he pushed me up against a cart wheel—I succeeded in getting past him, and after I passed I felt in my pocket, and my purse was gone—it was safe when I went into Thames Street; I had 2
<hi rend="italic">l</hi>. 0
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>. in it—the detective spoke to me as I was turning back—I did not see the prisoners.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-87" type="witnessName">
<interp inst="t18701212-name-87" type="gender" value="male"/>
<interp inst="t18701212-name-87" type="surname" value="LYTHELL"/>
<interp inst="t18701212-name-87" type="given" value="SAMUEL"/>SAMUEL LYTHELL</persName> </hi> (
<hi rend="italic">City Detective</hi>). I was with Randall on this day—I saw Miss Harris in Thames Street, and Sawyer close behind her, McDonald on her right, and a third man in front, pushing himself back so as to obstruct her—I saw McDonald put his left hand into her pocket, and as he drew it out he had something in his fingers, which immediately dropped—Sawyer stooped and picked it up, and I saw him pass it to the third man—by that time they were all pushing close together; there was rather a crowd—I took McDonald into custody, after a sharp chase, and brought him back, and then spoke to Miss Harris.</p>
<p>
<hi rend="italic">Sawyer.</hi> If I am
<hi rend="italic">fetched</hi> in guilty, I hope you will recommend me to mercy.</p>
<p>
<hi rend="largeCaps">SAWYER</hi>
<hi rend="smallCaps">
<rs id="t18701212-69-verdict-2" type="verdictDescription">
<interp inst="t18701212-69-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18701212-69-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<p>
<hi rend="italic">The prisoners also</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to previous convictions, McDonald in October</hi>, 1869,
<hi rend="italic">Sawyer in March</hi>, 1870.—
<hi rend="italic">
<rs id="t18701212-69-punishment-16" type="punishmentDescription">
<interp inst="t18701212-69-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18701212-69-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-69-18701212 t18701212-69-punishment-16"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-69-18701212 t18701212-69-punishment-16"/>Eighteen Months' Imprisonment each</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18701212-70">
<interp inst="t18701212-70" type="uri" value="sessionsPapers/18701212"/>
<interp inst="t18701212-70" type="date" value="18701212"/>
<join result="criminalCharge" id="t18701212-70-charge-1" targOrder="Y" targets="def1-70-18701212 t18701212-70-offence-1 t18701212-70-verdict-1"/>
<p>70.
<persName id="def1-70-18701212" type="defendantName">
<interp inst="def1-70-18701212" type="gender" value="female"/>
<interp inst="def1-70-18701212" type="age" value="53"/>
<interp inst="def1-70-18701212" type="surname" value="BUCHANAN"/>
<interp inst="def1-70-18701212" type="given" value="CHARLOTTE"/>
<hi rend="largeCaps">CHARLOTTE BUCHANAN</hi> (53)</persName>
<rs id="t18701212-70-offence-1" type="offenceDescription">
<interp inst="t18701212-70-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18701212-70-offence-1" type="offenceSubcategory" value="manslaughter"/>, was charged on the Coroner's Inquisition
<hi rend="italic">only</hi> with feloniously killing and slaying
<persName id="t18701212-name-89" type="victimName">
<interp inst="t18701212-name-89" type="gender" value="female"/>
<interp inst="t18701212-name-89" type="surname" value="REYNOLDS"/>
<interp inst="t18701212-name-89" type="given" value="EDITH"/>
<join result="offenceVictim" targOrder="Y" targets="t18701212-70-offence-1 t18701212-name-89"/>Edith Reynolds</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MR. R. N. PHILLIPS</hi>,
<hi rend="italic">the prosecution, offered no evidence against the prisoner.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18701212-70-verdict-1" type="verdictDescription">
<interp inst="t18701212-70-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18701212-70-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, December</hi> 30
<hi rend="italic">th</hi>, 1870.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18701212-71">
<interp inst="t18701212-71" type="uri" value="sessionsPapers/18701212"/>
<interp inst="t18701212-71" type="date" value="18701212"/>
<join result="criminalCharge" id="t18701212-71-charge-1" targOrder="Y" targets="def1-71-18701212 t18701212-71-offence-1 t18701212-71-verdict-1"/>
<join result="criminalCharge" id="t18701212-71-charge-2" targOrder="Y" targets="def2-71-18701212 t18701212-71-offence-1 t18701212-71-verdict-1"/>
<join result="criminalCharge" id="t18701212-71-charge-3" targOrder="Y" targets="def3-71-18701212 t18701212-71-offence-1 t18701212-71-verdict-1"/>
<join result="criminalCharge" id="t18701212-71-charge-4" targOrder="Y" targets="def4-71-18701212 t18701212-71-offence-1 t18701212-71-verdict-1"/>
<join result="criminalCharge" id="t18701212-71-charge-5" targOrder="Y" targets="def5-71-18701212 t18701212-71-offence-1 t18701212-71-verdict-1"/>
<join result="criminalCharge" id="t18701212-71-charge-6" targOrder="Y" targets="def6-71-18701212 t18701212-71-offence-1 t18701212-71-verdict-1"/>
<p>71.
<persName id="def1-71-18701212" type="defendantName">
<interp inst="def1-71-18701212" type="gender" value="male"/>
<interp inst="def1-71-18701212" type="age" value="21"/>
<interp inst="def1-71-18701212" type="surname" value="WESTBROOK"/>
<interp inst="def1-71-18701212" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN WESTBROOK</hi> (21)</persName>,
<persName id="def2-71-18701212" type="defendantName">
<interp inst="def2-71-18701212" type="gender" value="male"/>
<interp inst="def2-71-18701212" type="age" value="28"/>
<interp inst="def2-71-18701212" type="surname" value="MAHONEY"/>
<interp inst="def2-71-18701212" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN MAHONEY</hi> (28)</persName>,
<persName id="def3-71-18701212" type="defendantName">
<interp inst="def3-71-18701212" type="gender" value="male"/>
<interp inst="def3-71-18701212" type="age" value="20"/>
<interp inst="def3-71-18701212" type="surname" value="LANG"/>
<interp inst="def3-71-18701212" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN LANG</hi> (20)</persName>,
<persName id="def4-71-18701212" type="defendantName">
<interp inst="def4-71-18701212" type="gender" value="male"/>
<interp inst="def4-71-18701212" type="age" value="40"/>
<interp inst="def4-71-18701212" type="surname" value="WHITESIDE"/>
<interp inst="def4-71-18701212" type="given" value="DAVID"/>
<hi rend="largeCaps">DAVID WHITESIDE</hi> (40)</persName>,
<persName id="def5-71-18701212" type="defendantName">
<interp inst="def5-71-18701212" type="gender" value="male"/>
<interp inst="def5-71-18701212" type="age" value="29"/>
<interp inst="def5-71-18701212" type="surname" value="ROGERS"/>
<interp inst="def5-71-18701212" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS ROGERS</hi> (29)</persName>, and
<persName id="def6-71-18701212" type="defendantName">
<interp inst="def6-71-18701212" type="gender" value="female"/>
<interp inst="def6-71-18701212" type="age" value="33"/>
<interp inst="def6-71-18701212" type="surname" value="HOWE"/>
<interp inst="def6-71-18701212" type="given" value="CATHERINE"/>
<hi rend="largeCaps">CATHERINE HOWE</hi> (33)</persName>
<rs id="t18701212-71-offence-1" type="offenceDescription">
<interp inst="t18701212-71-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18701212-71-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing 1
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>., of
<persName id="t18701212-name-96" type="victimName">
<interp inst="t18701212-name-96" type="gender" value="male"/>
<interp inst="t18701212-name-96" type="surname" value="DEMPSTER"/>
<interp inst="t18701212-name-96" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18701212-71-offence-1 t18701212-name-96"/>James Dempster</persName>, from his person.</rs> </p>
<xptr type="pageFacsimile" doc="187012120015"/>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-97" type="witnessName">
<interp inst="t18701212-name-97" type="gender" value="male"/>
<interp inst="t18701212-name-97" type="surname" value="MICHELE"/>
<interp inst="t18701212-name-97" type="given" value="DE"/>MR. DE MICHELE</persName> </hi>
<hi rend="italic">conducted the Prosecution;</hi>
<hi rend="smallCaps">MR. MONTAGU WILLIAMS</hi>
<hi rend="italic">appeared for Westbrook</hi>,
<hi rend="smallCaps">MR. ST. AUBYN</hi>
<hi rend="italic">for Mahoney</hi>,
<hi rend="smallCaps">MR. COLLINS</hi>
<hi rend="italic">for Lang</hi>,
<hi rend="smallCaps">MR. COOPER</hi>
<hi rend="italic">for Whiteside, and</hi>
<hi rend="smallCaps">MR. PATER</hi> for Rogers.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-98" type="witnessName">
<interp inst="t18701212-name-98" type="gender" value="male"/>
<interp inst="t18701212-name-98" type="surname" value="ROSS"/>
<interp inst="t18701212-name-98" type="given" value="CHARLES"/>CHARLES ROSS</persName> </hi> (
<hi rend="italic">Policeman</hi>) On Tuesday evening, November 29th, about 10.30, I was with another officer, outside the "Crooked Billet," Tower Hill—I saw the prosecutor with Westbrook and a man not in custody, drinking, in one compartment of the "Crooked Billet"—West
<lb/>brook's mother and grandmother were in the same compartment—they appeared to be quarrelling—Mahoney, Whiteside, Lang, and Howe were in another compartment—Mahoney was Quarrelling with Howe—Westbrook's mother and grandmother were upbraiding him for being in the company he was in, and he pushed them out of the house, with the assistance of the man not in custody, who went out with them—I then saw Westbrook place his hand in the prosecutor's trowser's pocket, and withdraw it—he threw something on the counter, saying "Here, I will pay for this pot" before that Mahoney and Whiteside had come into that compartment—Mahoney then went in front of the prosecutor, and began putting his hands round his pockets—he then went and sat down with Howe, who had come in with Lang, and appeared to pass something to her—I saw Rogers talking to the prosecutor and to the other prisoners—I fetched the prosecutor out of the house, and spoke to him—he was very drunk, and hardly able to stand—I was in a passage, with a half-glass window, so that I could look through into the compartment—I saw a Hanoverian medal, representing a sovereign, in the compartment, and Rogers' hand was over it—I took the prisoners all in custody, with assistance—Mahoney was very abusive, and said that I had got up this charge—I found on Westbrook 4
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. in silver, and 9 1/2
<hi rend="italic">d</hi>. in copper, on Howe a sovereign and 14
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>., and various sums on the other prisoners—the prosecutor's pockets were empty, except a halfpenny.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>. I could see everything that took place; but I could not see what was on the counter—I know that some
<lb/>thing was served, but did not hear Dempster asked to pay for it—Mahoney did not say to Dempster "Pay for the ale," nor did Dempster say "I have no money"—I did not see Mahoney shake Dempster's pocket, and take a strap from it; but I did not take particular notice—I could not see into the bar, or see the barman—I could only hear when they spoke in the ordinary way, not when they spoke low—I heard nothing about paying for the ale; but that might have been previous to my going to the house—I did not see Dempster with a purse—the prisoners were sober—Dempster said, at the Police Court, when he was perfectly sober, that he had not lost anything—Mahoney had then spoken to him.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COLLINS</hi>. There are four compartments, with seats all round—Lang was standing in front of the bar when I saw him first—I afterwards saw him sit down and drink.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. PATER</hi>. I cannot say at what time Rogers came in.</p>
<p>
<hi rend="italic">Re-examined.</hi> The prosecutor at the station said he had lost 17
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.; but at the Police Court he said he had lost nothing—that was after he had had a conversation with Mahoney.</p>
<p>
<hi rend="italic">Howe.</hi> The money was mine, and I can prove it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-99" type="witnessName">
<interp inst="t18701212-name-99" type="gender" value="male"/>
<interp inst="t18701212-name-99" type="surname" value="WATLING"/>
<interp inst="t18701212-name-99" type="given" value="JAMES"/>JAMES WATLING</persName> </hi>. I am under-barman of the "Crooked Billet"—Dempster came in by himself, and called for a pot of stout, which came to</p>
<xptr type="pageFacsimile" doc="187012120016"/>
<p>8
<hi rend="italic">d</hi>. and for some tobacco—Westbrook's mother and grandmother were in the same box, drinking, and after that Westbrook came in—he was going to treat his mother, I believe, and the prosecutor asked the mother to drink; but she would not—Mahoney and Whiteside came in together, and Howe followed—Dempster paid for what he had, and after 11 o'clock he said "I have no money"—he came in between 9 and 10 o'clock, and went to the bar—he paid 6
<hi rend="italic">d</hi>. and 3
<hi rend="italic">d</hi>. in copper; the tobacco was 1
<hi rend="italic">d</hi>—Mahoney came in afterwards; he shook Dempster's pockets, just before they were taken—I saw a strap, to put round the neck—Dempster was a little the worse for liquor—he took the 6
<hi rend="italic">d</hi>. out of a little pocket—I saw him with a purse; but saw nothing in it—I did not notice when Rogers came in—Mahoney put the strap back in Dempster's pocket—Lang came in half-an-hour after Howe.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-100" type="witnessName">
<interp inst="t18701212-name-100" type="gender" value="male"/>
<interp inst="t18701212-name-100" type="surname" value="DEMPSTER"/>
<interp inst="t18701212-name-100" type="given" value="JAMES"/>JAKES DEMPSTER</persName> </hi>. I am a private in the 74th Regiment—on the night of 29th November I went into the "Crooked Billet," about 10 o'clock—I was sober, or nearly so—I had only had one glass of spirits before that, and nothing else—I had 1
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. in my pocket when I went out—I paid for a glass of spirits, and had 1
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. when I entered the "Crooked Billet"—it was in a purse in my right hand trowsers pocket—when I went in I ordered a glass of spirits—Westbrook and two females asked me to stand treat, and I called for some stout—I got very drunk, and have no idea how much I spent—I treated Westbrook and his grandmother, mother, and sister—beer principally was drank—Westbrook came in shortly after me, bringing another man with him—I am told that I had no money in my pocket when I got to the station—I do not recollect going from the public house to the station—I said next morning, at the Police Court, that I had not lost anything—I had a reason for saying so.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-101" type="witnessName">
<interp inst="t18701212-name-101" type="gender" value="male"/>
<interp inst="t18701212-name-101" type="surname" value="MICHELE"/>
<interp inst="t18701212-name-101" type="given" value="DE"/>MR. DE MICHELE</persName> </hi>
<hi rend="italic">here withdrew the prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18701212-71-verdict-1" type="verdictDescription">
<interp inst="t18701212-71-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18701212-71-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18701212-72">
<interp inst="t18701212-72" type="uri" value="sessionsPapers/18701212"/>
<interp inst="t18701212-72" type="date" value="18701212"/>
<join result="criminalCharge" id="t18701212-72-charge-1" targOrder="Y" targets="def1-72-18701212 t18701212-72-offence-1 t18701212-72-verdict-1"/>
<p>72.
<persName id="def1-72-18701212" type="defendantName">
<interp inst="def1-72-18701212" type="gender" value="male"/>
<interp inst="def1-72-18701212" type="age" value="32"/>
<interp inst="def1-72-18701212" type="surname" value="KONTER"/>
<interp inst="def1-72-18701212" type="given" value="EIBERTUS ANTONIUS"/>
<hi rend="largeCaps">EIBERTUS ANTONIUS KONTER</hi> (32)</persName>
<rs id="t18701212-72-offence-1" type="offenceDescription">
<interp inst="t18701212-72-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18701212-72-offence-1" type="offenceSubcategory" value="bigamy"/>, Feloniously marrying
<persName id="t18701212-name-103">
<interp inst="t18701212-name-103" type="gender" value="female"/>
<interp inst="t18701212-name-103" type="surname" value="PRITCHARD"/>
<interp inst="t18701212-name-103" type="given" value="AMELIA"/>Amelia Pritchard</persName>, his wife
<persName id="t18701212-name-104" type="victimName">
<interp inst="t18701212-name-104" type="gender" value="female"/>
<interp inst="t18701212-name-104" type="surname" value="KONTER"/>
<interp inst="t18701212-name-104" type="given" value="HARRIETT SOPHIA"/>
<join result="offenceVictim" targOrder="Y" targets="t18701212-72-offence-1 t18701212-name-104"/>Harriett Sophia</persName> being alive.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-105" type="witnessName">
<interp inst="t18701212-name-105" type="gender" value="male"/>
<interp inst="t18701212-name-105" type="surname" value="WILLIAMS"/>
<interp inst="t18701212-name-105" type="given" value="MONTAGU"/>MR. MONTAGU WILLIAMS</persName> </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="t18701212-name-106" type="witnessName">
<interp inst="t18701212-name-106" type="gender" value="male"/>
<interp inst="t18701212-name-106" type="surname" value="TAYLOR"/>
<interp inst="t18701212-name-106" type="given" value="GEORGE"/>GEORGE TAYLOR</persName> </hi>. I am an upholsterer, of 78, Bishopsgate Street Without—I was present at a marriage between the prisoner and Harriett Sophis Alexander, on. 26th May, 1864, at St. Mary's Church, Islington—this (
<hi rend="italic">produced</hi>) is a copy of the register—I saw the wife last Friday—she is still alive.</p>
<p>
<hi rend="italic">Cross-examined.</hi> The prisoner was a widower at the time of his marriage—he had no family.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-107" type="witnessName">
<interp inst="t18701212-name-107" type="gender" value="female"/>
<interp inst="t18701212-name-107" type="surname" value="PRITCHARD"/>
<interp inst="t18701212-name-107" type="given" value="AMELIA"/>AMELIA PRITCHARD</persName> </hi>. I live at 33, Wharfdale Road, King's Cross—on 24th April I was married to the prisoner at St. Jude's Church, Gray's Inn Road—when I first knew him, two years ago, he told me he was a married man—I went with him to Hastings, at his request—he told me the firm was going there for a holiday, and a party of ladies were going, and I should be quite safe—he said in March or April last "My wife died last night," and asked me if I would be his wife—I said that I was in no hurry to marry, and said "You are too old for me"—he pressed me a great deal to have him, and I at last consented, and went through the ceremony of marriage with him about three weeks afterwards—it is the fact that when we were at Hastings he slept with me—my mother did not give her consent to the marriage, she was very much against it—she gave no reason—these</p>
<xptr type="pageFacsimile" doc="187012120017"/>
<p>two letters are in the prisoner's writing—I have frequently seen him write—I am entitled to some property when I am twenty-one, and after we were married the prisoner used to ask me to get a loan on it, but I refused—about a month after we were married I found out that his wife was alive, and I asked him—he said that she was alive, but he had had a judicial separation, and I was legally his—I did not say anything to my friends regarding it, but continued to live with him—at the time he called on me in mourning I believed his wife was dead.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I was at home when he first made my acquaintance—I afterwards took a situation at University Tavern, Tottenham Court Road—it was about two years ago, July, I think, that we went to Hastings—it was in summer-time, but I cannot say the month; it was soon after I knew him—it was in March this year that he said that he was no longer a married man—during the time I knew he was a married man, and since we went to Hastings, I continually went out with him, and slept with him at different places—I have not done so once or twice a week—I knew that he lived at Holloway with his wife, but was not certain of the address—I never went there—I was introduced to Mr. John Liddle about three weeks before the prisoner married me—that is he (
<hi rend="italic">pointing kirn out</hi>)—he is, I believe, a fishmonger, in the Caledonian Road—I went with the prisoner when he called upon Liddle, before we were married, but I did not go to the house—I did not hear him say to Liddle that he and I were going through a mock ceremony the following Sunday—what they said was quite private, and not within my hearing—I did not hear Konter ask Liddle to take us for a drive afterwards—I heard nothing about a drive—I did not see Liddle again for two months—I believe the prisoner and I called on Mrs. Emma Maria Konter once, shortly before the marriage—her husband is a dairyman, of Talbot Road, Netting Hill—he did not say to her on that occasion that he had left his wife, nor did he say "The reason I have come to-night is to ask a favour of you"—he did not say "If Mill's aunt comes here and asks any questions about us you are to say my wife is dead"—my name is Milly, and my aunt, Mrs. Harris, lives near there—Mr. Router formerly served her with milk—I did not say "Oh do, Mrs. Konter, please say that," nor did Mr. Konter say that he had crammed her up with a tale one morning, and the old girl shed a tear or two, nor words to that effect—I do not remember Mrs. Konter inquiring if his wife gave him any furniture, nor did I say "No, she only gave him a feather bed, an old-fashioned looking-glass, and a cracked tea-pot;" it is false—I did not say "She is an old cat"—I do not know anything of the linen given to the prisoner by his wife.</p>
<p>
<hi rend="italic">Q.</hi> During the two years previous to the marriage did he spend all he had upon you?
<hi rend="italic">A.</hi> I believe he made me a present of one dress—I have one bed belonging to him, which I lie upon—I knew that he was employed at Messrs. Waterlow's, in the City—he is a German—I did not want to marry him, but it was his wish; he ran after me everywhere, and was a perfect nuisance to me—I married him more out of pity than anything else—I went to Doctor's Commons by his desire, and got a license; my brother, a boy of fifteen, went with me—the prisoner did not write this letter to my mother at my request, but of his own free will—he did not first write a letter and show it to me, nor did I disapprove of it—my mother knew that I was in the habit of going out with him, but not of the connection between us—she knew I went to Hastings, but with a party of ladies; she knew he was married then—he used to call very often when I lived at home, but he</p>
<xptr type="pageFacsimile" doc="187012120018"/>
<p>was not encouraged, for they had objections—I had never seen his wife—my brother George had not been to his house, to my recollection, but I was away for months in a situation—I saw this letter after my mother had broken the seal—this letter, addressed to his brother, the prisoner asked me to post, but I kept it, to spare his brother's feelings—I was on very good terms with the prisoner at that time—very recently and after we were married, the prisoner sent a letter to
<hi rend="italic">Lloyd's Newspaper</hi>, which was answered under the initials "A. B. C.," and in consequence of that answer he made his will in my favour—I do not remember the nature of the question he asked; he did not write it at my request—I have not got the will now, and do not know who has it; it is mislaid.</p>
<p>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>.
<hi rend="italic">Q.</hi> How many wills he may have made you do not know?
<hi rend="italic">A.</hi> No—my mother is an independent lady—she gave me her permission to go to Hastings, in consequence of the prisoner saying that there were a party of ladies—when I got there, there were no ladies, and he pressed me very much by persuasions such as men do use, and got me to stop with him—I have never received any money from him, except for the household expenses—he only gave me one dress, and no jewellery—this is the letter which I did not post to spare their feelings—(
<hi rend="italic">Read;</hi> "9/11/'70. My very dear Brother,—May Heaven reward you for your generous and noble behaviour in exposing myself and my poor girl to Mrs. Harris. If you could have foreseen the consequences perhaps you would not have acted so rash; as it is, it can, unfortunately, not be undone, and I must, therefore, confess that, with your kind help, my game is played out. May God grant that none of your bastards may ever be so unfortunate as your unhappy, wretched brother, who, for the sake of love too passionate to control, is compelled to place the halter round his own neck. May God forgive you! E. A. Konter. To Mr. John Konter, dairyman, Notting Hill")—Mrs. Harris is an aunt of mine; she is the person to whom the prisoner gave information of his former marriage—I saw the word "bastards" in it—that is what I mean by keeping it back to spare their feelings—after I was married I had no idea that the prisoner's wife was alive till I heard it from Mrs. Harris.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> When did you first learn that he was married?
<hi rend="italic">A.</hi> About a month after we were married I gained the information from a friend—I then asked the prisoner, and he said yes, but that he was legally separated from his wife, and I was legally his, and I continued to live with him—my friends found it out, and induced me to separate from him—I have no child—(
<hi rend="italic">Another letter from the prisoner to Mrs. Pritchard was put in, in which he stated:</hi> "I feel it my duty to inform you that my darling pet, your daughter Amelia, was entirely ignorant of the fact that my wife Harriette was alive when she married me in April last, as she fully believed my lie that Har
<lb/>riette had died, and it was by my desire that she went to Doctors' Commons for a marriage license."</p>
<p>
<hi rend="smallCaps">MR. PATER</hi>
<hi rend="italic">here stated that he could not struggle with this evidence.</hi>
<hi rend="smallCaps">
<rs id="t18701212-72-verdict-1" type="verdictDescription">
<interp inst="t18701212-72-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18701212-72-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">In mitigation of the sentence, James Liddle stated that he was aware from the prisoner that there was an illicit connexion between him and the prosecutrix before they were married, and that the prisoner told him in the prosecutrix's hearing that he intended to go through a mock ceremony of marriage with her to deceive her mother; Emma Afiria Konter, the prisoner's sister-in-law, stated that the prisoner and prosecutrix called upon her in April before their marriage, when the prisoner told her to tell Mrs. Harris, if she enquired, that</hi> </p>
<xptr type="pageFacsimile" doc="187012120019"/>
<p>
<hi rend="italic">they were married, and that hit wife was dead; that the prostcutrix said her mother did not know it, and that the prisoner said he had put on a hat-band, and said that his wife was dead, and Mrs. Pritchard shed a tear or two, and that the prosecutrix heard the whole conversation, and seemed to enjoy it.</hi> </p>
<p>
<rs id="t18701212-72-punishment-17" type="punishmentDescription">
<interp inst="t18701212-72-punishment-17" type="punishmentCategory" value="noPunish"/>
<interp inst="t18701212-72-punishment-17" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-72-18701212 t18701212-72-punishment-17"/>
<hi rend="italic">Judgment Respited.</hi> </rs> </p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, December</hi> 14
<hi rend="italic">th</hi>, 1870.</p>
<p>
<hi rend="italic">Before Mr. Justice Hannen.</hi> </p>
<div1 type="trialAccount" id="t18701212-73">
<interp inst="t18701212-73" type="uri" value="sessionsPapers/18701212"/>
<interp inst="t18701212-73" type="date" value="18701212"/>
<join result="criminalCharge" id="t18701212-73-charge-1" targOrder="Y" targets="def1-73-18701212 t18701212-73-offence-1 t18701212-73-verdict-1"/>
<p>73.
<persName id="def1-73-18701212" type="defendantName">
<interp inst="def1-73-18701212" type="gender" value="male"/>
<interp inst="def1-73-18701212" type="age" value="26"/>
<interp inst="def1-73-18701212" type="surname" value="SEARY"/>
<interp inst="def1-73-18701212" type="given" value="EDWARD"/>
<hi rend="largeCaps">EDWARD SEARY</hi> (26)</persName>, was indicted
<rs id="t18701212-73-offence-1" type="offenceDescription">
<interp inst="t18701212-73-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18701212-73-offence-1" type="offenceSubcategory" value="murder"/> for the wilful murder of
<persName id="t18701212-name-109" type="victimName">
<interp inst="t18701212-name-109" type="gender" value="male"/>
<interp inst="t18701212-name-109" type="surname" value="KENNOCK"/>
<interp inst="t18701212-name-109" type="given" value="JAMES GORDON"/>
<join result="offenceVictim" targOrder="Y" targets="t18701212-73-offence-1 t18701212-name-109"/>James Gordon Kennock</persName>. He was
<hi rend="italic">also</hi> charged on the Coroner's Inquisition with manslaughter.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. RIBTON</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MAYNE</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MESSRS. HUNTER</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">CHESTER</hi>
<hi rend="italic">the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-110" type="witnessName">
<interp inst="t18701212-name-110" type="gender" value="male"/>
<interp inst="t18701212-name-110" type="surname" value="PETRE"/>
<interp inst="t18701212-name-110" type="given" value="ARCHIBALD"/>ARCHIBALD PETRE</persName> </hi>. I reside at 39, Saville Street, Great Portland Street, Fitzroy Square—I was acquainted with the deceased—on Sunday evening, 6th November, at 8 o'clock, I was in Saville Lane, Saville Street, with Mr. and Mrs. McGill, a cousin of Mrs. McGill, the prisoner, and the deceased—after supper we went to convey the young woman, Miss Maitland, to a 'bus, and on returning we had some drink at a public-house in Cirencester Place—after leaving there the prisoner and I went to a public-house in Carburton Street, and had a pint of beer, and were standing there when the deceased came in—the prisoner insulted the deceased; the words tire too indistinct in my recollection to use them under oath—the deceased challenged him to repeat the insult, which he did—the deceased then struck the prisoner, and they fought several rounds; at the last knock
<lb/>down the prisoner would not rise—the deceased then left the bar—the prisoner and I finished our pint, and left to go home—we had not gone very far down the street when the deceased came up, seized the prisoner by the shoulder, and asked him if he had had enough, or did he wish for any more—they then stripped, and fought in the street; it ended in the prisoner being several times thrown, and the arrival of the police, when he was taken to the hospital to be dressed—after being dressed, we left the hospital and went home—immediately after coming out of the hospital the deceased disappeared—the prisoner, I, and the witness Euston went home; we got home about 11.15, and went to bed—the prisoner and I slept in the same bed, and Euston in a bed near us, with the deceased—the deceased came in and went to bed about half-an-hour after us—all was quiet until about 4 o'clock, when the prisoner got out of bed and examined the bed the deceased was in—I was awake, and saw him—after having examined the bed, he exclaimed "Are you there, you b——?"—he then left the bed
<lb/>room, and went into the workshop, the next room—he then returned, and requested the deceased to get up out of bed—he did not get out—the witness Euston, having seen the prisoner strike a blow at the deceased, sprang out of bed over the deceased, and took the prisoner out of the bed-room into the workshop—the deceased then got up and bolted the door, and commenced to dress himself—Euston then requested to be let in, he being undressed; the dececased let him in, and again bolted the door—the prisoner then came to the door, and requested to be let in, saying he would show who was the cur now (the deceased had called the prisoner a our in the beer-shop)—he was not let in, but the landlord appeared on the scene, and requested the deceased to open the door to allow the prisoner to go to bed, and, at</p>
<xptr type="pageFacsimile" doc="187012120020"/>
<p>his request, the door was opened, and the prisoner was admitted—the deceased charged him with striking him on the arm with a file, while in bed, when the prisoner said "Me strike you with a file? I could have dashed your brains out with it if I had liked"—thus provoked the deceased struck the prisoner in the face; they exchanged blows rapidly, when the deceased called out "He's got a knife! he's got a knife! I am stabbed! I am stabbed in the guts!"—McGill and Euston then hurried the deceased away to the hospital, and I and Seary were left alone in the room—he commenced to dress himself to go out, and was just on the landing when the police and McGill returned from the hospital, and took him into custody—the deceased's name was James Gordon Kennock—I saw his dead body the day after his death.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CHESTER</hi>. I was one of the supper party at 39, Saville Street—we had the usual glass of beer there, that was all, just one glass at supper—after seeing Miss Maitland to the omnibus, Mr. and Mrs. McGill, the deceased, the prisoner, and myself went to the public-house in Cirencester Place—we had some brandy there, as near as I can recollect five quarterns—we were all friendly, drinking each other's health—McGill and the deceased then went home, and the prisoner and I went to a beer-shop at the corner of Carburton Street, and had a pint of beer, and when the deceased came in he had a share of it, a glass; the prisoner treated him—there was only one pint—at that time the prisoner was a little under the influence of liquor; he was easier affected than the rest of us—I say that from my previous knowledge of him—he was not very much affected—when he has taken a considerable amount he is very much affected by it—I have seen him drunk several times—he is very noisy then, knocking about, and seems not to know what he is doing; he tumbles about greatly—I can't remember the nature of the prisoner's insult to the deceased in die beer-shop; I was so completely upset with the fight: this was before the fight—I remember well enough that it was an insult, because the deceased challenged him to repeat it, and he did; but I cannot recollect the words—he called him a name, something of that—it was a slight insult—Kennock struck Seary first, he struck him in the face—the struggle lasted about a minute—they both struck—Kennock struck him generally about the head and face; I can't say how many blows were struck; it being so short, I should not expect more than a dozen blows passed between them—Seary was knocked down more than once at that scuffle, and in the second fight, in the street, he fell several times—he got the worst of it; the deceased fell as well—I should think the prisoner fell two or three times—I can't say where he was hit—no doubt he was hit on the head as well as other parts of the body—his head was cut by falling on the kerbstone, at the last fall—he appeared to be pretty well sobered after the fight—nothing was said about giving the deceased into custody for the assault—the police accompanied us to the hospital, in case there should be such a thing—I ac-companied the prisoner home from the hospital, and put him to bed—he did not behave very quietly on the way home, he used threatening language—I don't think he was awake when the deceased came to bed—when the prisoner arose, about 4 o'clock, he was partly dressed—he slept in his trowsers; he was just as he had laid down—he went and examined the deceased's bed—he did not look under the bed, that I am aware of; I did not notice that—there was a small gaslight in the room—we had utensils in the room for the purposes of nature—there was one under the deceased's</p>
<xptr type="pageFacsimile" doc="187012120021"/>
<p>bed—I am inclined to think that the prisoner went there and used it, and after accomplishing that he examined the bed; he looked to see if the deceased was in bed—I was about eight yards from that bed; the prisoner was leaning over the bed, looking into the faces—he could have seen from our bed if he had liked; but, being two in a bed, I expect he wanted to be minute—he exclaimed "Are you there, you b——"—the deceased did not make any reply, that I recollect—the prisoner was about a minute in the workshop; when he came back he went to the bed and challenged the deceased to get up now—he did not call roe any name, that I recollect; he struck him with the file—Euston put him out of the room—there was no difficulty in doing it—he did not say anything, that I recollect—he asked to be let in again—he did not try to break open the door—I noticed nothing particular about him when he came in again—I noticed nothing in his hand—he could have concealed anything if he had liked—the knife is much smaller than the file—they struck each other about a dozen times in that fight; the blows were mostly about the head and face—I saw no knife in the prisoner's hand during the scuffle—I had not seen a knife in that room in the course of that day or evening—we have the usual shoe-maker's implements in the workshop; everything we use in the trade—the prisoner did not seem excited when Euston was putting him out of the room; there was nothing particular about him; when he said he could have knocked the deceased's brains out, he said it in a determined manner—the deceased had been living there since March last; I have known him from boyhood, sixteen or eighteen years—he was quiet and peaceable, very in
<lb/>dustrious, and steady—I have known the prisoner about fifteen months, since he came to Saville Street—he is quiet and inoffensive when sober; not so very industrious—I was alone with him in the room after the deceased was taken to the hospital—he was siting on a box, by the side of my bed, until they left; after that he searched for his boots, and was in the workshop searching there to get ready to go out; he was just on the landing, going out, when the policeman came—he asked me which public-house it was that was open in Portland Street, and I had just said it was the one below the church, when I heard the footsteps of the policeman—that may have been seven or ten minutes after the deceased was taken to the hospital—when McGill asked the prisoner what he had done it for he seemed rather nasty, and said "Away with your Scotch sympathies, does any more of you want any of it?"—he did not appear to be excited, he quietly sat down.</p>
<p>
<hi rend="italic">Re-examined.</hi> He used threatening language on returning from the hospital—he said "Oh, I will be a Traupman, I will do for him before to-morrow night"—it could not exceed a minute after the deceased struck him before he called out that he was stabbed—I never saw the knife at all—McGill had his hands round the prisoner, attempting to get the knife from him when ho said "Away with your Scotch sympathies."</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Was the deceased a Scotchman?
<hi rend="italic">A.</hi> Yes, and McGill and myself also.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-111" type="witnessName">
<interp inst="t18701212-name-111" type="gender" value="male"/>
<interp inst="t18701212-name-111" type="surname" value="EUSTON"/>
<interp inst="t18701212-name-111" type="given" value="JAMES"/>JAMES EUSTON</persName> </hi>. I am a shoemaker, and at the time in question lived in Saville Street—I went to bed about 12.15—the deceased was not then in the room—the prisoner was, and the last witness—I remember the deceased coming in about twenty minutes after I had gone to bed—we went to sleep—I was disturbed about 3.30 in the morning by hearing a noise in the workshop—the deceased was then in bed—I could not see whether he was</p>
<xptr type="pageFacsimile" doc="187012120022"/>
<p>awake then or not—the next thing that attracted my attention was the prisoner coming in from the workshop, with a file in his hand—he came forward to the bedside and looked at the deceased—he lifted the file and said, "Get up, you b——"—he struck the deceased on the left arm with the file—I jumped out of bed, and caught him, and pushed him out of the room into the workshop, and the deceased got out of bed and bolted the door, leaving the prisoner and I outside—I was afterwards admitted—the prisoner remained outside—McGill came up while I was outside in the workshop—after I had gone into the room McGill asked that the prisoner should be admitted, and the deceased opened the door and let him in—the deceased pointed to his arm, and said to the prisoner, "You have struck me with a file"—the prisoner said "Me strike you with a file; I could have knocked your brains out"—the deceased had his coat off, and he struck at the prisoner—I could not see whether he hit him or not—they both closed, and fought and struck each other—I did not see anything in the prisoner's hand then—I heard the deceased say that he was stabbed; that was not more than a minute, I should say, after they had closed—McGill was with the prisoner then—I did not see whether he had hold of him or not—they ceased fighting, and I took the deceased into the workshop, and examined him—I found he had been stabbed in the belly—McGill and I took him to the hospital.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. HUNTER</hi>. I had not been one of the party that met that night in the house at the supper, nor at the public-house—the fight that I saw took place beside the prisoner's bed, next the door—I never knew anything amiss with the prisoner's character—I have known him about eighteen months—I have seen him drunk before—he is rather quarrelsome when drunk.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-112" type="witnessName">
<interp inst="t18701212-name-112" type="gender" value="male"/>
<interp inst="t18701212-name-112" type="surname" value="MCGILL"/>
<interp inst="t18701212-name-112" type="given" value="DAVID"/>DAVID McGILL</persName> </hi>. I am the landlord of the house—these persons were lodging with me—we had had supper, and went out, and returned home—I was disturbed, as near as I can recollect, about 3.45 in the morning, by a noise as if some of them were jumping out of bed—I went up stairs, and found the prisoner and Euston in the workshop, and the room door bolted—Euston asked to be admitted—he was admitted, and the door bolted again—I went down stairs to put on some clothes, and, hearing a noise, I went up again, and asked Seary if he wanted to go into bed—the door was opened, and he was let in, and I went in with him—the deceased, when he saw Seary, said "See what you have done to my arm with the file," and he threw off his coat and undid his arm, and I could see the mark on it—Seary said "Me strike you with a file, I could have knocked your brains out?"—the deceased then threw off his coat altogether, drew his arm, and struck Seary right in the face—they then closed, and blows were exchanged, as far as I could see—there was a small light burning—I could not say for certain that I saw anything in the prisoner's hand at this time—I was trying to get in between them, to separate them—the deceased called out, in about a minute, or scarcely that, "I am stabbed; he has got a knife"—they were then separated—Euston brought the deceased into the workshop to see where he was stabbed—I said to the prisoner, "What do you mean by doing this, here?"—he said "Oh, your Scotch sympathies; do any more of you want any of it?" and immediately he held up the knife—this is it (
<hi rend="italic">produced</hi>)—it is a knife used in the trade; not a pocket knife—it was always kept in the workshop, with other knives like it—I assisted the deceased to the hospital, and came back with a policeman, who took</p>
<xptr type="pageFacsimile" doc="187012120023"/>
<p>the prisoner into custody—there might be about a dozen knives of this sort in the workshop—each man had a knife of his own, and some two or three—this knife belonged to the prisoner—he had only one knife of that sort—he was in the habit of leaving it in the workshop, not carrying it about with him—these knives are never out of the workshop, except it may be on a rare occasion.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. CHESTER</hi>. When I went up and spoke to the prisoner, he said "Is people going to be murdered 1"—he did not appear much excited—I could scarcely see his face—there was a shade on the lamp, and the way he was sitting kept the light from his face—when I went up I asked the meaning of the row; no answer was made, and I asked a second time, and then Seary said "It is all very well to talk about a row, but is people going to be murdered"—I could not make out what was the matter—this is the prisoner's knife—it is not occasionally left in the bedroom—I can't say that I ever saw it there except the time it was hi his hand—I very seldom saw it out of the workshop—it must be on very rare occasions—I did not see it in his hand on the landing before he went into the room—it was dark there—I never used it for cutting corns or paring nails—it might be used for that—it might be taken into the bedroom for that purpose—I can't say for certain that it was in the workshop on Sunday night—I don't know where it was—I had been at one of the public-houses with the prisoner that night—we had been drinking—I was present when the brandy was drunk—I can't say that the prisoner was intoxicated—he is a very quiet man when he has no drink in him, as quiet a shopmate as ever I sat beside—the words he used in the room were "I could have knocked out your brains if I had liked."</p>
<p>
<hi rend="italic">Re-examined.</hi> When the prisoner was admitted to the room I went in close to him—he had no opportunity of taking up the knife from any part of the room, between that and the deceased calling out "I am stabbed"—not with
<lb/>out it was on the bed where he slept, and that was a good distance from any place where he could have left it—he, went near enough to the bed, sup
<lb/>posing it to be there, to take it—his back was to the bed when the deceased struck him first, and he went back that way with the fall—I did not see him take it up, nor any movement like it.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> What other furniture Was there in the bedroom besides the bed?
<hi rend="italic">A.</hi> A table and two or three boxes; no chair; there were two bedsteads.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-113" type="witnessName">
<interp inst="t18701212-name-113" type="gender" value="male"/>
<interp inst="t18701212-name-113" type="surname" value="FINNERHAM"/>
<interp inst="t18701212-name-113" type="given" value="JOHN"/>JOHN FINNERHAM</persName> </hi> (
<hi rend="italic">Policeman E</hi> 394). About 4 o'clock on Monday morn
<lb/>ing, the 7th, I met the deceased with McGill, and assisted in taking him to the hospital—I then went back and took the prisoner into custody—he said nothing—I searched him at the station, and found this awl on him—I produce the file.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-114" type="witnessName">
<interp inst="t18701212-name-114" type="gender" value="male"/>
<interp inst="t18701212-name-114" type="surname" value="CLARK"/>
<interp inst="t18701212-name-114" type="given" value="ANDREW"/>ANDREW CLARK</persName> </hi>. I am house-surgeon at the Middlesex Hospital—on Monday morning, the 6th November, the deceased was brought there—I examined him—he had seven stabs on him; two in the belly, one in the right hand, one in the chest, and one or two in the arm—two were deep, the one in the belly, and the one on the leg—the others were superficial—the bowel itself was not protruding from the wound in the belly, but parts of the tissue attached to the bowels were—he died on the Friday, from inflammation of the bowel and peroneum, produced by the wound—this knife is exactly the sort of instrument the wounds would have been done by—they seemed to get smaller as they went in.</p>
<xptr type="pageFacsimile" doc="187012120024"/>
<p>
<hi rend="italic">The Prisoner's Statement before the Magistrate:</hi> "The knife I got was in the fire-place; I took it from the workshop on Sunday night to pare my nails. At the time he was striking at me, which he did several times, my right eye was completely blinded, and my head was enveloped in a bandage from the time McGill came to the door—it was after that that Kennock struck me as often as he did—when he struck me I lifted the knife off the fire-place—I had the knife in my hand when he struck at me again, and I think he caught the knife in his hand or his arm in attempting to strike me—he struck me again, and I struck him with the knife—I don't know how often after that I noticed him to leave the room."</p>
<p>
<hi rend="italic">Witness for the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-115" type="witnessName">
<interp inst="t18701212-name-115" type="gender" value="male"/>
<interp inst="t18701212-name-115" type="surname" value="DAVISON"/>
<interp inst="t18701212-name-115" type="given" value="JOHN"/>JOHN DAVISON</persName> </hi>. I am house surgeon at the Middlesex Hospital—on the evening of the 6th November the prisoner was brought there—he had a con
<lb/>tused wound on the forehead, with the surface broken—it was partly lacerated and partly contused—it was bleeding slightly—it penetrated the whole depth of the soft parts over the forehead down to the bone—it was not a long wound, speaking roughly, about an inch—the prisoner was intoxicated—I did not see him when he was brought in—he was sitting in a chair when I saw him—he was incapable of controlling his muscles—he could not hold up his head, he let it drop down while his wound was being dressed—he was very much affected by drink—such a blow as I have heard described inflicted on a drunken man I should say would not be liable to bring on mania—possibly it might produce compression of the brain—I mean it would not produce mania for any considerable length of time, it might happen after some length of time—the effect of compression would be to deprive a person of control over their actions.</p>
<p>
<hi rend="italic">Cross-examined.</hi> There was not anything like compression—I found no symptom of it, if there had been any such thing it would have manifested itself Afterwards, next day in all likelihood.</p>
<p>
<hi rend="italic">Re-examined.</hi> Drunkenness might mask compression.</p>
<p>
<hi rend="italic">The prisoner received a good character.</hi> </p>
<p>
<rs id="t18701212-73-verdict-1" type="verdictDescription">
<interp inst="t18701212-73-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18701212-73-verdict-1" type="verdictSubcategory" value="manslaughter"/>
<hi rend="smallCaps">GUILTY OF MANSLAUGHTER</hi> </rs>
<rs id="t18701212-73-punishment-18" type="punishmentDescription">
<interp inst="t18701212-73-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18701212-73-punishment-18" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-73-18701212 t18701212-73-punishment-18"/>
<hi rend="italic">Ten Years' Penal Servitude.</hi> </rs> </p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday, December</hi> 4
<hi rend="italic">th</hi>, 1870.</p>
<p>
<hi rend="italic">Before Mr. Baron Pigott.</hi> </p>
<div1 type="trialAccount" id="t18701212-74">
<interp inst="t18701212-74" type="uri" value="sessionsPapers/18701212"/>
<interp inst="t18701212-74" type="date" value="18701212"/>
<join result="criminalCharge" id="t18701212-74-charge-1" targOrder="Y" targets="def1-74-18701212 t18701212-74-offence-1 t18701212-74-verdict-1"/>
<p>74.
<persName id="def1-74-18701212" type="defendantName">
<interp inst="def1-74-18701212" type="gender" value="male"/>
<interp inst="def1-74-18701212" type="age" value="46"/>
<interp inst="def1-74-18701212" type="surname" value="MOORE"/>
<interp inst="def1-74-18701212" type="given" value="GEORGE WILLIAM"/>
<hi rend="largeCaps">GEORGE WILLIAM MOORE</hi> (46)</persName>
<rs id="t18701212-74-offence-1" type="offenceDescription">
<interp inst="t18701212-74-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18701212-74-offence-1" type="offenceSubcategory" value="rape"/>, Rape on
<persName id="t18701212-name-117" type="victimName">
<interp inst="t18701212-name-117" type="gender" value="female"/>
<interp inst="t18701212-name-117" type="surname" value="MOORE"/>
<interp inst="t18701212-name-117" type="given" value="ANN"/>
<join result="offenceVictim" targOrder="Y" targets="t18701212-74-offence-1 t18701212-name-117"/>Ann Moore</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MR. COLLINS</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18701212-74-verdict-1" type="verdictDescription">
<interp inst="t18701212-74-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18701212-74-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18701212-74-punishment-19" type="punishmentDescription">
<interp inst="t18701212-74-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18701212-74-punishment-19" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-74-18701212 t18701212-74-punishment-19"/>Ten Years' Penal Servitude.</rs> </hi> </p> </div1>
<p>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Wednesday, December</hi> 4
<hi rend="italic">th</hi>, 1870.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18701212-75">
<interp inst="t18701212-75" type="uri" value="sessionsPapers/18701212"/>
<interp inst="t18701212-75" type="date" value="18701212"/>
<join result="criminalCharge" id="t18701212-75-charge-1" targOrder="Y" targets="def1-75-18701212 t18701212-75-offence-1 t18701212-75-verdict-1"/>
<p>75.
<persName id="def1-75-18701212" type="defendantName">
<interp inst="def1-75-18701212" type="gender" value="female"/>
<interp inst="def1-75-18701212" type="age" value="17"/>
<interp inst="def1-75-18701212" type="surname" value="SEAMAN"/>
<interp inst="def1-75-18701212" type="given" value="MARY ANN"/>
<hi rend="largeCaps">MARY ANN SEAMAN</hi> (17)</persName>
<rs id="t18701212-75-offence-1" type="offenceDescription">
<interp inst="t18701212-75-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18701212-75-offence-1" type="offenceSubcategory" value="infanticide"/>, was charged on the Coroner's Inquisi
<lb/>tion
<hi rend="italic">only</hi> with the wilful murder of her newly-born child.</rs> </p>
<p>
<hi rend="smallCaps">MR. COOPER</hi>,
<hi rend="italic">for the Prosecution, offered no evidence.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18701212-75-verdict-1" type="verdictDescription">
<interp inst="t18701212-75-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18701212-75-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18701212-76">
<interp inst="t18701212-76" type="uri" value="sessionsPapers/18701212"/>
<interp inst="t18701212-76" type="date" value="18701212"/>
<join result="criminalCharge" id="t18701212-76-charge-1" targOrder="Y" targets="def1-76-18701212 t18701212-76-offence-1 t18701212-76-verdict-1"/>
<p>76.
<persName id="def1-76-18701212" type="defendantName">
<interp inst="def1-76-18701212" type="gender" value="female"/>
<interp inst="def1-76-18701212" type="age" value="17"/>
<interp inst="def1-76-18701212" type="surname" value="SEAMAN"/>
<interp inst="def1-76-18701212" type="given" value="MARY ANN"/>
<hi rend="largeCaps">MARY ANN SEAMAN</hi> </persName> was
<hi rend="italic">again</hi> indicted
<rs id="t18701212-76-offence-1" type="offenceDescription">
<interp inst="t18701212-76-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18701212-76-offence-1" type="offenceSubcategory" value="concealingABirth"/> for unlawfully endea
<lb/>vouring to conceal the birth of her child, to which she</rs> </p>
<p>
<hi rend="smallCaps">
<rs id="t18701212-76-verdict-1" type="verdictDescription">
<interp inst="t18701212-76-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18701212-76-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.
<rs id="t18701212-76-punishment-20" type="punishmentDescription">
<interp inst="t18701212-76-punishment-20" type="punishmentCategory" value="noPunish"/>
<interp inst="t18701212-76-punishment-20" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-76-18701212 t18701212-76-punishment-20"/>
<hi rend="italic">Judgment Respited.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18701212-77">
<interp inst="t18701212-77" type="uri" value="sessionsPapers/18701212"/>
<interp inst="t18701212-77" type="date" value="18701212"/>
<join result="criminalCharge" id="t18701212-77-charge-1" targOrder="Y" targets="def1-77-18701212 t18701212-77-offence-1 t18701212-77-verdict-1"/>
<xptr type="pageFacsimile" doc="187012120025"/>
<p>77.
<persName id="def1-77-18701212" type="defendantName">
<interp inst="def1-77-18701212" type="gender" value="male"/>
<interp inst="def1-77-18701212" type="age" value="48"/>
<interp inst="def1-77-18701212" type="surname" value="MOODY"/>
<interp inst="def1-77-18701212" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM MOODY</hi> (48)</persName>, was indicted
<rs id="t18701212-77-offence-1" type="offenceDescription">
<interp inst="t18701212-77-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18701212-77-offence-1" type="offenceSubcategory" value="perjury"/> for wilful and corrupt perjury.</rs> </p>
<p>
<hi rend="smallCaps">MR. HARRIS</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. MONTAGU WILLIAMS</hi>
<hi rend="italic">the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-121" type="witnessName">
<interp inst="t18701212-name-121" type="gender" value="male"/>
<interp inst="t18701212-name-121" type="surname" value="SHELLEY"/>
<interp inst="t18701212-name-121" type="given" value="ADOLPHUS CHARLES"/>ADOLPHUS CHARLES SHELLEY</persName> </hi>. I am employed by Messrs. Barnett & Buckler, short-hand writers to this Court—on 21st September I was present at the trial of Thomas Henry Griffiths, who was charged with feloniously destroying a bill of sale—the defendant was the prosecutor in that case—he was sworn and examined—this is a correct transcript of the short-hand notes which I took of his evidence—he was asked "
<hi rend="italic">Q.</hi> In whose possession was the bill of sale; this sham one under discussion, on 4th November, when it was made?"
<hi rend="italic">A.</hi> In my possession.
<hi rend="italic">Q.</hi> Have you had it from that time until down to the time you put in execution?
<hi rend="italic">A.</hi> Yes; except only on one occasion, at Whitsuntide, when I left it at his house for five or six hours, and afterwards when I went for it they pretended it was not there"—Griffiths was acquitted of the charge brought against him.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-122" type="witnessName">
<interp inst="t18701212-name-122" type="gender" value="male"/>
<interp inst="t18701212-name-122" type="surname" value="GRIFFITHS"/>
<interp inst="t18701212-name-122" type="given" value="THOMAS HENRY"/>THOMAS HENRY GRIFFITHS</persName> </hi>. I am a wheelwright, and carry on business at 120, New Street, Deptford—I have a freehold house there, which I bought about two years ago—I borrowed 80
<hi rend="italic">l</hi>. of Mr. Musgrove, a butcher there, to enable me to pay off the purchase-money, and gave him a mort
<lb/>gage on my property—in November last year Moody came to my house and said that he had seen Mr. Musgrove, my mortgagee, and he said he should come down on me and seize my stock and all, if the money was not paid, and the best thing I could do was to have a bill of sale on my stock and furniture, as well as the house—I told him I owed no money—he said "If I had a bill of sale I could get money on it to pay the mortgage off; and he said he knew a man who would draw it up cheap, for 30
<hi rend="italic">s</hi>"—I told him I would consider of it—he came again, and said he had seen Mr. Wilmott; that was the man who drew it up, and he was coming to his house in the evening—it was drawn up on 3rd November, by Wilmott, and on the 4th we met at the prisoner's house again, and Wilmott produced the bill of sale, registered—he had taken it away to get it registered—it was a bill of sale from Griffiths to Moody, for 100
<hi rend="italic">l</hi>., and included my stock and furniture—I never owed Moody a penny at that time, or any other time—no money was ever advanced by Moody to me on that bill of sale—Moody said, after the bill of sale had been made out and taken away to be registered, that we had better write some I O U's, and date them back, to make it appear that he had lent me the money—he wrote them, and I signed them—Eldridge was not there at that time—there was no attesting witness to the I O U s—I paid Wilmott 1
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. for drawing up the bill of sale—on the 4th Novem
<lb/>ber, after it was brought back by him, registered, he put it on the table—I took it up and took it home—I kept it till the beginning of December, without it ever being out of my possession, and then Moody came and bor
<lb/>rowed it of my wife; he only kept it a day; he brought it back and delivered it to my wife—I was not present—I found it there when I got home; I kept it in my possession from that time till 1st April—Mr. Moody came and borrowed it again to show to his lawyer; he kept it thirteen days, and me and my wife went and fetched it back on 13th April, two days before Good Friday—I kept it then till 15th-August, when Mr. Moody came to me and said he had seen Mr. Sorrell, his lawyer, who had agreed to lend me 40
<hi rend="italic">l</hi>. on it—I told him I had sold several things included in the bill of sale, and he had better have the deeds of the house and the abstract title, and hand me the money—I said if he paid the mortgage I would give him 40
<hi rend="italic">l</hi>. towards the 80
<hi rend="italic">l</hi>.—I had 40
<hi rend="italic">l</hi>. of my own by me at the time; he said it did</p>
<xptr type="pageFacsimile" doc="187012120026"/>
<p>not matter at all; he had seen Mr. Sorrell, and he was willing to lend it on the bill of sale; Mr. Sorrell did not want the deeds, he wanted the bill of sale—I went to London with him, taking the bill of sale and these other papers; we went to Mr. Sorrell's office—Moody told me I had better wait while he went in; he took the papers in—I waited about eight minutes, and when he came out he said he had left the papers with Mr. Sorrell, and he would give me the money in four days; we then went home; I waited a week, and then Mr. Moody sent over to say that Mr. Sorrell was out of town, and I spoke to a policeman about it—Mr. Moody sent the abstract of title and the other papers over to me, but not the bill of sale—I could not see Mr. Moody—on 25th August, a man named Ford came to me and wanted 100
<hi rend="italic">l</hi>.—he had the bill of sale in his hand, and asked me for 100
<hi rend="italic">l</hi>.; I told him I did not owe Mr. Moody 100 farthings—I took the bill of sale out of his hand, tore it up, and put it in the fire, and said it was my property; I was summoned at the Police Court for doing that, in September, and I was com
<lb/>mitted for trial—I was released on bail, and when I got home I found my place broken open, and my stock, vans and cabs, and all, gone, and my work
<lb/>shop pulled down—I was acquitted of the charge—I had to pay Mr. Mus
<lb/>grove by instalments, on 1st February, the 1st May, and 1st August; he never asked me for a penny.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I am about forty-six years old—I have been a wheel-wright all my life—I was going to have a bill of sale of Mr. Elworthy before, but I did not because he wanted so much interest—I had a bill of sale of Mr. Moody about six years ago—he did not advance me any money—it was a fictitious bill of sale; my solicitor has it—I gave it to him, there it is—Moody suggested that I should give him a fictitious bill of sale—that was a bill of sale from Moody to me—I don't know that it was done to defeat Moody's creditors—I can't tell what it was done for—I don't know—the bill of sale which is the subject of this inquiry was made in order to pay Musgrove off what I owed him—I had 40
<hi rend="italic">l</hi>., and wanted 40
<hi rend="italic">l</hi>. to pay him off—Moody said I could get money on the bill of sale—I did not get any on it—I did not pay Musgrove, because Moody got the bill of sale, and came and took my stock and all—the bill of sale was given for me to raise money on—I had the stock at the time which was specified in the bill of sale—I did not raise money on my stock; I did not want to raise money; I did not owe anything—I did not want money to pay Musgrove then, but Moody said Musgrove wanted the money—he said Musgrove was coming down to sweep off the whole of the shop and stock—I believed that at the time—I should have wanted to pay Musgrove—the prisoner said he could get me money on the bill of sale, and that was the reason I gave it to him and not to Musgrove—the prisoner wrote two I O U's, and I signed them, to make it appear that he had lent money, he said—there was one for 50
<hi rend="italic">l</hi>. first, one for 32
<hi rend="italic">l</hi>., and one for 18
<hi rend="italic">l</hi>., making up 100
<hi rend="italic">l</hi>.—they were all signed on 3rd November, and dated back; all three of them—no one was present—they were not witnessed by anybody—those are the only receipts I signed, except the bill of sale—I can't tell whether I signed a receipt for 13
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., it is so long ago—I might have done it—it is in my writing—it did not belong to the bill of sale—I don't know what it was, it is so long ago—I don't know what it refers to—the receipt is in my writing—I don't know what it refers to, it is so long ago—Moody never lent me any money at all, not a shilling—Musgrove summoned me in the County Court for 15
<hi rend="italic">l</hi>. on an I O U; that was last April—he got judgment agains</p>
<xptr type="pageFacsimile" doc="187012120027"/>
<p>me—I got leave of the Judge to pay it by instalments of 1
<hi rend="italic">l</hi>. a month—I said I had a bill of sale over my property—I did not tell the Judge it was held by Moody—I said I could not pay the money because trade was bad, and I said I had got a bill of sale on my goods; I meant this bill of sale—I did not tell the Judge it was a fictitious bill of sale—I knew it would have no effect on my goods—I said I could pay 1
<hi rend="italic">l</hi>. a month, and I had got a bill of sale—I did not say what one—I said before the Magistrate that I told the Judge I had a bill of sale—I did not say on what; I told the Judge it was on my stock—I had the bill of sale myself at the time—these three I O U's were all given at the same time, in November, and no one was present—after I had taken the bill of sale from Mr. Ford, and thrown it in the fire, my goods were taken away by the prisoner to the value of 124
<hi rend="italic">l</hi>.—they were given away, they were not sold—J mean they were sold so cheap—I don't know what they were sold for; I heard they were sold cheap—about 25
<hi rend="italic">l</hi>. or 26
<hi rend="italic">l</hi>.—I have the value down here—I inquired what the goods fetched—I have charged the prisoner with stealing them in another indictment; those very goods—I have the value here, 22
<hi rend="italic">l</hi>. or 23
<hi rend="italic">l</hi>., what be took out of the yard when he broke the yard open and tore the shop and all down—I know a man named Rutledge, by sight—I never spoke to him—I did not see Rutledge at the prisoner's house on 17th July, 1868—I swear that—he did not witness the I O U for 50
<hi rend="italic">l</hi>. in my presence—if he swears that, it is perjury—he did not—Rutledge was not present, and not a penny passed—I did not count the money, take it up, and put it in my pocket—certainly not—I swear that Wilmott put the bill of sale on the table, as I said just now, and I took it up and took it home with me—it is not true that Wilmott handed it to the prisoner—I did not tell Mr. Wilmott that I owed the prisoner 68
<hi rend="italic">l</hi>., or that he held I O U's from me for that amount—I did not show Wilmott an I O U for 50
<hi rend="italic">l</hi>. and one for 10
<hi rend="italic">l</hi>. of the prisoner's, a fortnight before the bill of sale—they were not in existence, I pledge my oath to that—Mr. Ives is the attesting witness to the bill of sale—he was present when it was signed and attested—I make wheels and carts and vans; brand new—I sometimes buy them second-hand, and I also repair them—I had to give one cart back which I bought—it was a spring cart—a man of the name of Plant called with it and said it was his—it turned out he had merely hired it, and came and sold it to me—I used to let it out—I had to give it up—that was three or four years ago—when I commenced these proceedings the prisoner sent me a writ for 88
<hi rend="italic">l</hi>., the day the summons was to be tried—I have not got the writ—my solicitor has it—he is here—I made the defendant a cart ten or twelve years ago—he did not purchase any furniture of me in 1866—this (
<hi rend="italic">pro
<lb/>duced</hi>) is not in my writing—I never sold him any furniture in my life—the signature is not my writing—it is a bill for some furniture amounting to 18
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—J never sold him any furniture—I believe it is not my writing—I won't swear that this I O U for 10
<hi rend="italic">l</hi>. signed "T. Griffiths" is or is not my writing—I can't swear to it, but I believe it is not—I have signed two or three I O U's—I signed one for 18
<hi rend="italic">l</hi>.—I believe this one is not my writing—it is dated March 4, 1869—there were I O U's for 18
<hi rend="italic">l</hi>., 32
<hi rend="italic">l</hi>., and 50
<hi rend="italic">l</hi>.—I only signed two, and I believe that one is not in my writing—I don't believe the signature to this other one is mine—I could not swear to it—it is an I O U for 50
<hi rend="italic">l</hi>., dated July 17, 1868—the signature "T. Griffiths" is mine—I believe now that the one for 18
<hi rend="italic">l</hi>. is not in my writing—I don't recollect anything about the bill for the furniture, it is not in my hand
<lb/>writing</p>
<xptr type="pageFacsimile" doc="187012120028"/>
<p>writing, I believe—I say that the signature to the I O U for 50
<hi rend="italic">l</hi>. is in my writing; the one for 18
<hi rend="italic">l</hi>. is not, nor the signature to the furniture, and the one for 13
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. is in my writing—I don't recollect that I ever lent a cart on hire to the prisoner—I let so many out, I can't say who I let them to—I can't say that he has paid me for a cart he hired—I don't recollect—I don't believe that is my signature—it is dated "March 4, 1864, received of Mr. Moody the sum of 16
<hi rend="italic">s</hi>. for the use of horse and cart; signed, T. Griffiths."—I don't recollect about it, it is so long back—I applied to Mr. Elworthy for a bill of sale to take up an award—that was in September, 1869, two months before the one made in November—I can't say to a week or so, it was nearly three months, it was either the latter part of August or the beginning of September—it was an application to Elworthy for 52
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., to take up an award—it was to be lent on a bill of sale—the bill of sale was drawn up—I did not sign that bill of sale to Elworthy because he wanted too much interest—he wanted 12
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. for three months—I did not say to Elworthy "I don't want the money because I have got it elsewhere"—I swear that my solicitor, Mr. Wilkinson, supplied the money to take up the award in September, 1869—he took it up himself—Elworthy sued me in the County Court for his costs—I did not swear then that I had obtained the money elsewhere on a bill of sale, because I had not a bill of sale—I swear that; Mr. Wilkinson paid the money—I did not obtain the money on a bill of sale—I told the Judge at the County Court I had obtained the money elsewhere, but I did not say on a bill of sale—I tore the bill of sale up but I did not owe the money, it was my own, I paid 30
<hi rend="italic">s</hi>. for it; it was my property and I did not like to be robbed, that was the reason I tore it up; I had had possession of it all the time, and when Ford brought it to me I tore it up because it was no good to me.</p>
<p>
<hi rend="italic">Re-examined.</hi> I was in a passion—I am no scholar, and am not able to read much—I have never in my life been charged with any offence till this man took out a summons against me—a young man named Plant came to me, and said he wanted a little money, and asked me to buy the cart, and I did buy it, and paid him for it, and I let it out for a shilling a day—there was a name on the shaft of the cart—I had it three or four weeks—I let it out to a man named Wilson, and he stopped at a public-house where the cart had been hired from; the landlord saw the cart, and stopped it, and took it to the station-house; he came down to me with the cart, and I showed him the receipt for it, and then I gave the cart up to him—I signed three receipts on 4th November—Mr. Moody wrote them, I only put my signature—I am not quite sure whether these are the ones or not—I never sold or parted with any of my furniture to Moody; never in my life—I know nothing about the bill for 18
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. for furniture—I had one transaction with Moody with reference to a bill of sale—he told me a man owed him 200
<hi rend="italic">l</hi>. or 300
<hi rend="italic">l</hi>.—he did not get the money, but he got a lot of willow rods, and he asked me if he could put them in my cellar, and I did; then he asked me if I would take a bill of sale—I did not know what a bill of sale was—I took the bill of sale of him, and kept it, and it appears those rods he got from a Mr. Applegate, and never paid for them, and he went through the Court at the time—it was his suggestion that I took the bill of sale—he did not owe me any money—they were willow rods to make baskets of—he gave me a bill of sale on them—no money passed—Mr. Moody took the rods away, and sold some, and worked some up—I heard afterwards that he had them on credit from Mr. Applegate, and he owed</p>
<xptr type="pageFacsimile" doc="187012120029"/>
<p>him for them—I don't recollect whether anything was done on that bill of sale to make it appear that any money was due—I don't remember at all, it is so long ago—it was six years ago—I did not want to raise any money in November till the prisoner suggested it to me—I did not want it till August the following year—I was paying Musgrove his interest—the award that I had to take up was on an action by my landlord for pulling the side of my house down—Mr. Wilkinson, my solicitor, gave me a cheque for it—there was so much to be paid to me, and he deducted the 52
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. out of it—Mr. Musgrove was a party with me in bringing the action for clearing away my wall, and we were to divide the damages, and after the award was taken up I had not paid him, and he brought the action against me—there was a certain amount awarded, and before that Mr. Wilkinson had to advance the money—Mr. Musgrove was to have half of what I got for damages after all expenses were paid, and there was not enough to pay his share—I gave him an I O U—Mr. Musgrove is here—he never troubled me for the interest on the 80
<hi rend="italic">l</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-123" type="witnessName">
<interp inst="t18701212-name-123" type="gender" value="female"/>
<interp inst="t18701212-name-123" type="surname" value="MALIN"/>
<interp inst="t18701212-name-123" type="given" value="SARAH LTDIA"/>SARAH LTDIA MALIN</persName> </hi>. I am the daughter of the last witness, and am the wife of George Malin, of Deptford—he is a coppersmith—on 17th December last, I was at ray father's house—I know it was the 17th because I was confined on Christmas-eve, the week after—I saw an envelope on the mantelpiece, and I took it down and opened it—it contained a bill of sale, dated 3rd November, between Griffiths and Moody for 100
<hi rend="italic">l</hi>.—I did not read it then—I opened it and looked at it—I noticed the signatures—it was signed by Griffiths, Moody, and Mr. Ives was the witness—I remember seeing Moody at my father's house in October—he said he was persuading father to make a bill of sale out on his things, because the mortgagee would come upon him—he said he did not know what "that old sweep" might do—he mentioned Musgrove as the old sweep's name—I said father did not require one, because he did not owe anyone any money; and he said he would be able to borrow money on the bill of sale, and get his deeds and papers that Mr. Musgrove had—I saw the bill of sale again on Good Friday, 15th April; father was reading it—my mother was there—she is not here to-day; she is very ill—she has a diseased heart—I have got a certificate—the last time I saw the bill of sale was on 14th August—I was at father's house then—it was on a Sunday, and I saw it then—I know it was the 14th August because my little baby was very poorly on that day, and the next day I fetched the doctor, and she died on the 16th—I saw the bill of sale two, days before the baby died.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I did not make any note of the dates when I saw the bill of sale—the first time I saw it was 17th December—I had never seen a bill of sale before—I saw it was dated 3rd November—it was written on the top of it—it was twelve months ago, and I remember the date—I did not read it through—I opened it and looked at it—I saw it again on 15th April, Good Friday—I was out for a walk that day with my husband and child; we called at father's, he was reading it, and the buns were on the table—I remember the 14th August because baby was poorly and died two days afterwards—that was the third time I saw it—there was nothing the matter with the baby on Good Friday—I was not living at my father's—my mother was at the Police Court—she was not examined—she is always ill—she was well enough to be at Guildhall, but not to be examined—she was there twice, I think—I don't know whether she was examined on either occasion—I have seen my father write—this signature, "Thomas Griffiths,"</p>
<xptr type="pageFacsimile" doc="187012120030"/>
<p>looks like his writing, but I can't swear to it—he might have written it (
<hi rend="italic">this was the I O U for</hi> 50
<hi rend="italic">l</hi>.)—I can't say one way or the other—it looks different to what father writes in general, it looks like scribbling—I can't say positively—I have no belief about it—I can't say—this signature looks more like his—I think it is his writing—this I O U for 18
<hi rend="italic">l</hi>. is not his writing—I don't believe these three are in my father's writing—I don't believe they are, I can't say—he might have different pens—I don't know anything about them—I don't know any of father's business—I remember the days my father's things were taken away by the prisoner—I did not drink tea with the prisoner's wife that night—I never drank tea with her in my life—I don't believe I called there and asked her to come to tea; not the day the things were taken away—I did not ask her to tea—I never ask anyone to tea—I may have called in there, not the day the things were taken away, the day after father had the man in for 100
<hi rend="italic">l</hi>.—I had a nail in my boot, and called in to take it off because it was in my foot—I merely called in with mother—I never go and see anyone—I never did like them—I went in then with mother to take the nail out of my foot—mother has been ill, on and off, for a long time—she is not always very bad—I have seen her to-day in the front parlour—she was not in bed—I saw her yesterday—I did not ask her what time she got up—I saw her yesterday morning—she was here in the morning—she was here the day before, but not for long—she has had the doctor this morning, and would not stay away if she was able to come—she has been here twice—I did not go before the Grand Jury—I came here to go, but I did not go—we have got a solicitor here, Mr. Chappell—he lives at Deptford—my mother was here when father went before the Grand Jury.</p>
<p>
<hi rend="italic">Re-examined.</hi> There was only one witness examined before the Grand Jury—my mother is ill to day, and I have got a certificate from the doctor to prove that.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-124" type="witnessName">
<interp inst="t18701212-name-124" type="gender" value="male"/>
<interp inst="t18701212-name-124" type="surname" value="GRIFFITHS"/>
<interp inst="t18701212-name-124" type="given" value="JOHN JOSEPH"/>JOHN JOSEPH GRIFFITHS</persName> </hi>. I am the prosecutor's brother, and live at Deptford—I am a traveller to a printer—at the latter end of April, or the beginning of May last, I saw the defendant Moody at the County Court—we went to the "Globe" public-house, close by, and he asked me about Musgrove and my brother—he asked me what I thought of the case—I told him I did not think much of it—I thought it was against my brother—he said "Never mind, we understand each other; we have got a little friendly concern together"—I asked my brother the meaning of the "friendly concern" in the prisoner's presence, and my brother said "It is only a little thing between our two selves"—some time after that I was at my brother's house, and saw a bill of sale—it was in the evening, about a fortnight after the action in the County Court—I did not read the bill of sale—I saw it was between Griffiths and Moody—my brother wished me to read it, but I said I did not care to—I did not see any signatures—I saw two stamps.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I saw this bill of sale about the latter end of April, or the beginning of May—it was in my brother's house, in his back room, on the shelf—it was in an envelope—my brother took it down, and opened it, and showed it to me—I have never seen any other bill of sale in my brother's possession—I have never seen this one (
<hi rend="italic">produced</hi>)—I have seen my brother's wife this morning; she was ill in bed, and could not get up—I did not go into her bedroom; her daughter told me so, the one that is at home; she told me her mother was in bed; it is not my place to go and</p>
<xptr type="pageFacsimile" doc="187012120031"/>
<p>see; that was between 8 and 9 o'clock this morning—I came here with Mrs. Malin—we came from Deptford by the 9.35 train—the daughter told me her mother was ill in bed about 20 minutes before we started.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-125" type="witnessName">
<interp inst="t18701212-name-125" type="gender" value="male"/>
<interp inst="t18701212-name-125" type="surname" value="WHITE"/>
<interp inst="t18701212-name-125" type="given" value="WILLIAM"/>WILLIAM WHITE</persName> </hi>. I am a general dealer, and live in South Street, Black
<lb/>friars Road—I have been there thirty years—on Wednesday, in Whitsun week, I was at Griffiths' house—he said he wanted some money, and I asked him on what security—he showed me a bill of sale in favour of Mr. Moody, for 100
<hi rend="italic">l</hi>., and he wanted money on that—I did not advance him any—I told him it ought to be in Mr. Moody's possession.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I did not read it—I looked at the bottom, and saw the names and the seals—I told him he could not raise money upon it—I had it in my hands about three minutes; there were two red seals on it—I never saw this bill of sale before, from Moody to Griffiths—I did not notice the date of the bill of sale—I saw the names of Moody, Griffiths, and Mr. Ives—I said I should not lend money upon such a thing, and I put it down—I know this was in Whitsun week, because my men were holiday making, and I went down to Mr. Griffiths as I had plenty of time to spare; it was on Wednesday—I don't know what month—I am quite sure it was on a Wednesday, because it was holiday making time—it was between 11 and 12 o'clock in the morning that I saw the bill of sale—I don't remember what month it was—I have summoned Mr. Griffiths for a watch I sold him; his defence was that he had to work it out for me—I wanted the balance in money, and he would not pay me, and I went before the County Court Judge; he swore he had to take it out in work, and I said he only had to work a portion; the verdict was in favour of Mr. Griffiths, as the Judge said; he ought to work it all off as he commenced it—when I told the prosecutor the bill of sale ought to have been in Moody's possession, he said it was a friendly concern, and I declined to have anything to do with it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-126" type="witnessName">
<interp inst="t18701212-name-126" type="gender" value="male"/>
<interp inst="t18701212-name-126" type="surname" value="MALIN"/>
<interp inst="t18701212-name-126" type="given" value="JOHN"/>JOHN MALIN</persName> </hi>. I am the husband of the prosecutor's daughter, who has been called—I am a coppersmith, and live at Deptford—I was at Mr. Griffiths' house on 4th November last year, late in the evening—he showed me a bill of sale—I opened it—it was between himself and Moody for 100
<hi rend="italic">l</hi>.—Mr. Ives' signature was on it as well as Mr. Griffiths' and Moody's—some conversation took place between me and my father-in-law respecting it—it was dated 3rd November.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I did not make any memorandum of it—I am sure it was dated the 3rd—it was more than a year ago, but I looked particularly to the date, and I made a remark about it—I saw it on the 4th November, and I said "It is dated the 3rd, and to-day is only the 4th"—I made that observation to Griffiths—I am quite sure of it.</p>
<p>
<hi rend="smallCaps">COURT</hi>. I don't recollect what day of the month my baby died—it was seven or eight months old when it died—it was born on 24th December.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-127" type="witnessName">
<interp inst="t18701212-name-127" type="gender" value="male"/>
<interp inst="t18701212-name-127" type="surname" value="CHILMAN"/>
<interp inst="t18701212-name-127" type="given" value="THOMAS"/>THOMAS CHILMAN</persName> </hi>. I live at Brewer's Hall, Deptford, and am a toy dealer—about the commencement of April last I was at the Greenwich County Court, with Mr. Griffiths and Mr. and Mrs. Moody—we afterwards went to Moody's house, and we were there about three-quarters of an hour, talking about different actions and that, and I heard Mr. Moody say to Mr. Griffiths "If it was not for that friendly bill of sale between you and me, Mr. Musgrove would be the ruin of you."</p>
<p>
<hi rend="italic">Cross-examined.</hi> I have been called as a witness before at this Court—I was before the Magistrate about this trial, but I was not on my oath—I was not called—I saw the prosecutor's wife there—she went into the</p>
<xptr type="pageFacsimile" doc="187012120032"/>
<p>witness box—I don't know whether she was examined—I saw through the glass door—I was asked last Saturday to come and give my evidence here—I told Mr. Griffiths that I had heard this conversation some time ago—he knew what I could prove when we were at Guildhall—it was in April the conversation took place, as near as I can tell, because I wondered what a friendly bill of sale was—I don't know whether Moody's wife was in the room when it was said—she went to fetch some beer—she went in and out several times—Mr. Griffiths and me and the prisoner were alone—I was asked to go to Guildhall, and I went at the commencement.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-128" type="witnessName">
<interp inst="t18701212-name-128" type="gender" value="male"/>
<interp inst="t18701212-name-128" type="surname" value="MUSGROVE"/>
<interp inst="t18701212-name-128" type="given" value="EDWARD JOHN"/>EDWARD JOHN MUSGROVE</persName> </hi>. I am a butcher, at High Street, Deptford—in September, 1868, I lent Mr. Griffiths 80
<hi rend="italic">l</hi>. 1
<hi rend="italic">l</hi>. 6
<hi rend="italic">d</hi>.—I never told the prisoner that I meant to come down on Mr. Griffiths for the money, and sweep away his goods and everything—about two years ago Mr. Griffiths brought some papers to my house to take care of for him—this bill of sale which has been produced was amongst them—I kept all the papers down to about three mouths ago—they were locked up, and were never out of my possession.</p>
<p>
<hi rend="italic">Cross-examined.</hi> There were a number of tax papers and insurance papers brought with that bill of sale—they were not left as security; only for me to take care of—I have them now—they were a sort of security—I brought an action against Griffiths at the County Court for 15
<hi rend="italic">l</hi>.—it was money that was agreed between us for services I had done for him in his action at Maidstone—I have been with him on many occasions, advising him and writing for him, and seeing his lawyers—we agreed to divide whatever was the result of the action—it was merely a verbal agreement between us that we were to divide what was recovered—it was two years ago—it was an action brought by Griffiths at Maidstone—we did agree in a great measure to divide the proceeds of that action, and it was to be a sort of remu-neration for my services—I don't know what he got—he gave me an I O U for 94
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—he did not give me an I O U for my share of the proceeds of the action—I have not got it yet—I brought an action against him for it upon the I O U for 94
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., of which the 15
<hi rend="italic">l</hi>. was part—I swore in that action that he owed me 15
<hi rend="italic">l</hi>.—I don't think he swore that he did not—I don't recollect what he said—I swear that I don't remember—I don't think he swore that he had never signed the I O U; I think he acknowledged that he had signed it—he did not swear that he had not; I can't say whether he swore that he had—I got a verdict for the 15
<hi rend="italic">l</hi>.—I have not got it yet—it was to be paid into Court by instalments of 1
<hi rend="italic">l</hi>. a month—he has paid some; I can't say how much—I have not drawn it out—I have fetched some out; 4
<hi rend="italic">l</hi>., about eight months ago—I don't know whether any more has been paid in—he told the Judge he was a poor man, and that was the reason he was to pay 1
<hi rend="italic">l</hi>. a month—I did not hear him say he had a bill of sale over his furniture.</p>
<p>
<hi rend="italic">Re-examined.</hi> I am the mortgagee of his property, and the action at Maidstone was for damage done to it—I had an interest in the property, and I helped to maintain the action, and I was to be paid my expenses by half of what should be awarded, and to secure that and my 80
<hi rend="italic">l</hi>. he gave me an I O U for 94
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—I did not sue him for 94
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., but for the difference between 80
<hi rend="italic">l</hi>. and 94
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.; I sued him for 15
<hi rend="italic">l</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-129" type="witnessName">
<interp inst="t18701212-name-129" type="gender" value="male"/>
<interp inst="t18701212-name-129" type="surname" value="MARGETSON"/>
<interp inst="t18701212-name-129" type="given" value="PETER"/>PETER MARGETSON</persName> </hi> (
<hi rend="italic">Detective Officer A</hi>). The prosecutor came to me about the end of August last, and made a complaint with reference to the prisoner and a bill of sale.</p>
<xptr type="pageFacsimile" doc="187012120033"/>
<p>
<hi rend="italic">Witnesses for the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-130" type="witnessName">
<interp inst="t18701212-name-130" type="gender" value="male"/>
<interp inst="t18701212-name-130" type="surname" value="ORD"/>
<interp inst="t18701212-name-130" type="given" value="PATRICK"/>PATRICK ORD</persName> </hi>. I am a clerk at the Deptford Branch of the London and County Bank—on 11th December, 1866, a cheque for 125
<hi rend="italic">l</hi>., payable to Moody, was paid through that bank—I can't say whether the prisoner received it—it was in favour of Moody.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I don't know the fact that he was a bankrupt in 1865, 1866, and 1867.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-131" type="witnessName">
<interp inst="t18701212-name-131" type="gender" value="male"/>
<interp inst="t18701212-name-131" type="surname" value="LOCKYBR"/>
<interp inst="t18701212-name-131" type="given" value="GEORGE"/>GEORGE LOCKYBR</persName> </hi>. I am clerk to Mr. Pulling, solicitor—in April, 1868, he was the prisoner's solicitor in an action, "Moody
<hi rend="italic">v.</hi> Kirk," brought by the prisoner in the Mayor's Court, London—the prisoner was the plaintiff—he gained a verdict, and at the end of the action we enclosed him a cheque for 48
<hi rend="italic">l</hi>., 17
<hi rend="italic">s</hi>.—that was on 4th May, 1868—I have the letter and entry in the book.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I don't know that a Mr. Mason was the real plaintiff in that action, or that he received 30
<hi rend="italic">l</hi>. of that money—I forget the particulars of the action—it was brought by Moody to recover from Kirk some money lent—I was not in Court—the gentleman who knows all about it has left us now—I don't know where to find him—I don't know whether it was for an accident—I don't know of any actions for tumbling down cellars, or where his wife had received damage in a railway accident, nor of any other action—we had not been his solicitor, that I am aware of, in any of his bankruptcies or insolvencies, nor in any claims against Insurance Companies for fires—we have had no business with him except this action in April, 1868—I merely prove the payment of the cheque—I don't know whether Rutledge was a witness in that action.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-132" type="witnessName">
<interp inst="t18701212-name-132" type="gender" value="male"/>
<interp inst="t18701212-name-132" type="surname" value="RUTLEDGE"/>
<interp inst="t18701212-name-132" type="given" value="THOMAS"/>THOMAS RUTLEDGE</persName> </hi>. I reside at Deptford—I have been foreman for nineteen years to John Scott Lilley, at the Composite Paving Works—I knew the prisoner in 1868—I was at his house with his wife and Mr. Griffiths—I was present when Mr. Griffiths wrote this I O U for 50
<hi rend="italic">l</hi>., and I witnessed it—I saw Moody pay to Griffiths 45
<hi rend="italic">l</hi>. in gold, and 5
<hi rend="italic">l</hi>. in silver—I did not see where the money was taken from—that is my signature at the bottom—I could swear to it in any part of the world—Griffiths wrote the I O U in my presence.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I was a witness at the last trial for the prosecution, and I swore this before the Jury then—I am out of employment now, and have been for very nearly two years—I had 30
<hi rend="italic">s</hi>. a week when not at work, and 2
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. when at work—I was there nineteen years—I have a wife and a son—I was a witness for Moody in an action against Stewart for defamation of character—that was because he was called
<hi rend="italic">Fireman Billy</hi>, or some such name as that—I was a witness at the County Court in that—he got 5
<hi rend="italic">l</hi>. damages—it was tried last summer—I heard some talk about it two years ago—the action was not commenced on 16th July, 1868—I have never been a witness for Moody in any action which he has brought for an accident—he was a witness for me once where I lent a man 46
<hi rend="italic">l</hi>.—I recovered then—he was present when I gave the money—it was money lent on an I O U—he and his wife were present, three years ago, when I advanced the money—his wife was a witness, too—Moody and his wife proved the case against the man who borrowed the money from me—it was on 17th July, 1868—there is no doubt about that—Moody paid Griffiths 50
<hi rend="italic">l</hi>. in my presence, and I signed as witness to the transaction—I did not write with the same pen and ink—I did not notice what pen Griffiths wrote with—I did not take any particular notice—there were two ink bottles on the table</p>
<xptr type="pageFacsimile" doc="187012120034"/>
<p>—I wrote my name with a different pen and ink—he had a pen in his hand, and he said "Take this, Mr. Rutledge"—I had a pen in my hand, and I said "This will do"—I had a different pen and a different bottle of ink—it was a steel pen Griffiths wrote with—Moody did not suggest that I should take the ink out of the other bottle—I took it because it was close to me—Mr. Moody went up to his room, and he brought down 45
<hi rend="italic">l</hi>. in gold—I don't know where it came from—I can't say whether they were half-sovereigns or sovereigns—I am sure there was 45
<hi rend="italic">l</hi>. and 5
<hi rend="italic">l</hi>. in silver—I might have said there was four or five pounds in silver—I am almost sure I said 5
<hi rend="italic">l</hi>. in silver on the last occasion—5
<hi rend="italic">l</hi>. was the money he gave—I saw it, counted—I did not count it—I saw him count the 45
<hi rend="italic">l</hi>.—I did not—he laid down 20
<hi rend="italic">l</hi>., 20
<hi rend="italic">l</hi>., and 5
<hi rend="italic">l</hi>., in different heaps—I counted them to myself—I did not count the silver—I took no particular notice of that—I saw Moody put the money on the table, and Griffiths took it up—there were two piles of 20
<hi rend="italic">l</hi>., and then he counted 5
<hi rend="italic">l</hi>. on the table—the silver was counted the same as the gold—I could not say whether it was in shillings or half-crowns.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-133" type="witnessName">
<interp inst="t18701212-name-133" type="gender" value="male"/>
<interp inst="t18701212-name-133" type="surname" value="WILMOTT"/>
<interp inst="t18701212-name-133" type="given" value="PHILIP"/>PHILIP WILMOTT</persName> </hi>. I am a house agent, at Commercial Road, Peckham—in October, 1869, I prepared a bill of sale, at the request of Moody and Griffiths conjointly—it was to secure the payment of 100
<hi rend="italic">l</hi>., stated to be due from Griffiths to Moody—Mr. Ives was present—I asked what was the consideration for preparing the bill of sale, and the reply was that there were two I O U's, one for 50
<hi rend="italic">l</hi>. and one for 18
<hi rend="italic">l</hi>., making 68
<hi rend="italic">l</hi>., that they bad had many transactions together, and there was a further sum of 32
<hi rend="italic">l</hi>. to be advanced, to make up the 100
<hi rend="italic">l</hi>.—the bill of sale was dated 8th November, and registered on the 4th—I saw the two I O U's at the time my instructions were given, and I made a memorandum of them at the time, one for 50
<hi rend="italic">l</hi>. and one for 18
<hi rend="italic">l</hi>.—I have the memorandum here I made at the time, with the dates of the I O U's—the considerations were recited in the bill of sale—I drew a bill of sale dated November 3rd—it was previous to that I saw the I O U's—I received the instructions, I think, two days before—I think I drew the bill of sale on the day it was dated—I went to Moody's house to receive the instructions two days before I made it—the bill of sale was signed at Moody's house, in the presence of Mr. Ives, myself, and I think Mrs. Moody and Mr. Griffiths—I took it to be registered, and got it Regis
<lb/>tered on 4th November—I handed it to Mr. Moody—it is untrue, if Mr. Griffiths has sworn that he took it off the table—I handed it to Moody; he looked at it, and read it over—Griffiths looked over it at the same time—Griffiths came out afterwards into the shop, and paid me the balance due to me for executing it—I am perfectly sure I handed it to Moody—I was wrong in saying at the Police Court I delivered it to Griffiths.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I wish to correct myself to day; I did say at the Police-Court that I handed it to Griffiths—I said I wished to correct myself there—it is not the fact that I placed it on the table and that Griffiths took it up—Griffiths was reading it over in Mr. Moody's hands—I saw no money paid by Moody to Griffiths, but Mr. Moody went up stairs to get some money—I did not see any paid—I went away—I have seen Mr. Ives this morning, he is too ill to come here—I know he has been subpœnaed by the prisoner.</p>
<p>
<hi rend="italic">Re examined.</hi> Mr. Ives was the attesting witness—he said at the last trial that he went away before any money was paid—he said "There is no occasion for me to remain to see the money paid, all I want is to see the</p>
<xptr type="pageFacsimile" doc="187012120035"/>
<p>signature of Griffiths," and he went away before any money passed; I went with him.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> How do you know that the prosecutor did not take the bill of sale off the table?
<hi rend="italic">A.</hi> Mr. Moody had the bill of sale in his own hands when I was in the room; that is all I can say—I don't know what became of it afterwards—I saw the I O U's at the latter end of September or October, four or five weeks before the bill of sale was prepared—the I O U's were dated 17th August, 1868, and 4th March, 1869—I saw them at Moody's house; everything transpired there.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-134" type="witnessName">
<interp inst="t18701212-name-134" type="gender" value="male"/>
<interp inst="t18701212-name-134" type="surname" value="ELDRIDGE"/>
<interp inst="t18701212-name-134" type="given" value="JOSEPH"/>JOSEPH ELDRIDGE</persName> </hi>. I live at 11, St. James' Place, Greenwich, and work for the prisoner—I remember the prosecutor being at the prisoner's house in November last year—I was called up stairs, and I saw Mr. Moody hand over some money to Mr. Griffiths—I have been sent by Moody to Griffiths' for money about a dozen times—I used to go and ask Mr. Griffiths if he could let master have some money, and Mr. Griffiths told me to tell Mr. Moody that as soon as Mr. Ricketts' account came he would give him some.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I have been a witness for my master once before, in Stewart's case—the action was for coming into Moody's place and saying words as he did—I have not been in any case of accident—I am going to bring an action for an accident; Mr. Moody was with me when it took place—I was not examined as a witness in it—I was in the cart at the time the accident happened—it was Moody's cart—I am going to bring an action in the same case—I have been with Moody six or seven years—I don't know how many accidents he has met with during that time—he brought an action once when he was hurt at the sewers; that was a long while ago—I can't say how long—he has had a fire at Bridge Street since I have been with him—I don't know whether he got any money for it—it was three or four years ago—I don't know of any other fire; on my oath—I only know of the fire in Bridge Street—I don't know of his having been a bankrupt during the time I was with him; or insolvent—he is a basket-maker—he does not keep any men—I am the only one—I was in the basket trade before I went to him—Mr. and Mrs. Moody and Griffiths were present when the money was paid—Mr. Wilmott and Mr. Ives had been there, but they were away before the money was paid—I was in and out of the room while Ives and Wihuott were there—I can't say how long they were there; I did not see them come in—I believe they were there an hour—Mr. Moody called me up to be a witness to see Mr. Griffiths receive the money—he said "Joe, here, just come and see Mr. Griffiths receive the money I am going to pay"—Moody has brought an action during the time I have been with him, for tumbling down a sewer—I don't know that it was proved he tumbled down stairs.</p>
<p>
<hi rend="italic">Re-examined.</hi> I don't know of any other accident but that one—I don't know whether that was ever tried; I was not examined about it.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you see any money when your master said "Come and see the money received?"
<hi rend="italic">A.</hi> Yes—I saw three piles of gold on the table—I daresay about 30
<hi rend="italic">l</hi>.—I did not count it, I merely judge from what I saw—Mr. Griffiths took it up, and put it in his pocket, and I went down stairs, and master called me up again, and asked me to lend Mr. Griffiths a bag to put the money in—I believe I said at the last trial that 32
<hi rend="italic">l</hi>. was paid in gold, as far as I could say—I had a bag in my pocket, and I lent it to Mr. Griffiths—I believe this is the bag (
<hi rend="italic">produced</hi>)—I got it back about</p>
<xptr type="pageFacsimile" doc="187012120036"/>
<p>two months ago—Mr. Griffiths put the money in the bag, and put it in his right hand trowsers pocket—I would not swear this was the bag.</p>
<p>
<hi rend="italic">Witnesses in reply.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-135" type="witnessName">
<interp inst="t18701212-name-135" type="gender" value="male"/>
<interp inst="t18701212-name-135" type="surname" value="SHELLEY"/>
<interp inst="t18701212-name-135" type="given" value="ADOLPHUS CHARLES"/>ADOLPHUS CHARLES SHELLEY</persName> </hi> (
<hi rend="italic">Re-examined</hi>). I have the original notes of Moody's cross-examination at the last trial—(
<hi rend="italic">parts of the cross-examination were read, which stated:</hi> "I have been bankrupt twice. I was insolvent on 10th August, 1867, and did not pay any dividend. I was bankrupt on 18th May, 1864; no dividend was paid then. I took up my discharge on 21st December, 1865. I was bankrupt on 17th August, 1865. I paid every man what I owed him then; the defendant was a creditor. I should think I owed him 21
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. I had a bill of sale then; he lent me 20
<hi rend="italic">l</hi>. on my pony and cart.")</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-136" type="witnessName">
<interp inst="t18701212-name-136" type="gender" value="male"/>
<interp inst="t18701212-name-136" type="surname" value="MASON"/>
<interp inst="t18701212-name-136" type="given" value="WILLIAM"/>WILLIAM MASON</persName> </hi>. I am a market gardener—I remember an action which was brought by Moody against a man in the New Cross Road; it was settled without going into Court—I never knew the amount of the award that was given—I don't know when the action was—I should think about three years since—I had some money from the prisoner after it was settled; about 30
<hi rend="italic">l</hi>.—I think I had a cheque from Mr. Pulling.</p>
<p>
<hi rend="smallCaps">
<rs id="t18701212-77-verdict-1" type="verdictDescription">
<interp inst="t18701212-77-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18701212-77-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18701212-77-punishment-21" type="punishmentDescription">
<interp inst="t18701212-77-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18701212-77-punishment-21" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-77-18701212 t18701212-77-punishment-21"/>Fifteen Months' Imprisonment.</rs> </hi> </p>
<p>
<hi rend="italic">Before Mr. Recorder.</hi> </p> </div1>
<p>
<hi rend="largeCaps">KENT CASES</hi>.</p>
<div1 type="trialAccount" id="t18701212-78">
<interp inst="t18701212-78" type="uri" value="sessionsPapers/18701212"/>
<interp inst="t18701212-78" type="date" value="18701212"/>
<join result="criminalCharge" id="t18701212-78-charge-1" targOrder="Y" targets="def1-78-18701212 t18701212-78-offence-1 t18701212-78-verdict-1"/>
<p>78.
<persName id="def1-78-18701212" type="defendantName">
<interp inst="def1-78-18701212" type="gender" value="male"/>
<interp inst="def1-78-18701212" type="age" value="29"/>
<interp inst="def1-78-18701212" type="surname" value="WILLIAMSON"/>
<interp inst="def1-78-18701212" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE WILLIAMSON</hi> (29)</persName>,
<hi rend="smallCaps">
<rs id="t18701212-78-verdict-1" type="verdictDescription">
<interp inst="t18701212-78-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18701212-78-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18701212-78-offence-1" type="offenceDescription">
<interp inst="t18701212-78-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18701212-78-offence-1" type="offenceSubcategory" value="fraud"/>to unlawfully ob
<lb/>taining, by means of false pretences, 1
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>., from
<persName id="t18701212-name-138" type="victimName">
<interp inst="t18701212-name-138" type="gender" value="male"/>
<interp inst="t18701212-name-138" type="surname" value="BLEACH"/>
<interp inst="t18701212-name-138" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18701212-78-offence-1 t18701212-name-138"/>William Bleach</persName>, with intent to defraud.—</rs>
<hi rend="italic">
<rs id="t18701212-78-punishment-22" type="punishmentDescription">
<interp inst="t18701212-78-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18701212-78-punishment-22" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-78-18701212 t18701212-78-punishment-22"/>Six Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18701212-79">
<interp inst="t18701212-79" type="uri" value="sessionsPapers/18701212"/>
<interp inst="t18701212-79" type="date" value="18701212"/>
<join result="criminalCharge" id="t18701212-79-charge-1" targOrder="Y" targets="def1-79-18701212 t18701212-79-offence-1 t18701212-79-verdict-1"/>
<p>79.
<persName id="def1-79-18701212" type="defendantName">
<interp inst="def1-79-18701212" type="gender" value="male"/>
<interp inst="def1-79-18701212" type="age" value="30"/>
<interp inst="def1-79-18701212" type="surname" value="MULLINS"/>
<interp inst="def1-79-18701212" type="given" value="PETER"/>
<interp inst="def1-79-18701212" type="occupation" value="soldier"/>
<hi rend="largeCaps">PETER MULLINS</hi> (30)</persName>
<rs id="t18701212-79-offence-1" type="offenceDescription">
<interp inst="t18701212-79-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18701212-79-offence-1" type="offenceSubcategory" value="fraud"/>, Unlawfully obtaining, by false pretences, 1
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>., from
<persName id="t18701212-name-140" type="victimName">
<interp inst="t18701212-name-140" type="gender" value="male"/>
<interp inst="t18701212-name-140" type="surname" value="BLEACH"/>
<interp inst="t18701212-name-140" type="given" value="WILLIAM"/>
<interp inst="t18701212-name-140" type="occupation" value="Staff Sergeant of Pensioners"/>
<join result="offenceVictim" targOrder="Y" targets="t18701212-79-offence-1 t18701212-name-140"/>William Bleach</persName>, and 1
<hi rend="italic">l</hi>. 17
<hi rend="italic">s</hi>., from
<persName id="t18701212-name-141" type="victimName">
<interp inst="t18701212-name-141" type="gender" value="male"/>
<interp inst="t18701212-name-141" type="surname" value="MCGUINESS"/>
<interp inst="t18701212-name-141" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18701212-79-offence-1 t18701212-name-141"/>James McGuiness</persName>, with intent to defraud.</rs> </p>
<p>
<hi rend="smallCaps">MR. STRAIGHT</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-142" type="witnessName">
<interp inst="t18701212-name-142" type="gender" value="male"/>
<interp inst="t18701212-name-142" type="surname" value="BLEACH"/>
<interp inst="t18701212-name-142" type="given" value="WILLIAM"/>WILLIAH BLEACH</persName> </hi>. I am Staff Sergeant of Pensioners, at Woolwich—on 10th May last, the prisoner came to my office—it was part of my duty at that time to enrol men in the Old Reserve—that office was regulated by the 30 & 31 Vic., chapter 110—the qualifications are that the men, amongst other things, must have served in the army for not less than three months, and be in good bodily health, and produce a certificate, and be sent before the doctor—the prisoner represented himself to be George Williamson, of the 2nd battalion 2nd Foot—he was sent before a doctor—I wrote to his regiment, and received this certificate, signed by the sergeant of the regiment he stated he belonged to—I showed that to him, and he took it to the hospital with him—this attestation would be sworn by him—I ultimately paid him 1
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. as pay and bounty, and for necessaries—on 22nd Novem
<lb/>ber, he came to the office again; he then asked to be re
<lb/>enrolled in the New Reserve—he gave the name of George Williamson—ultimately he was given into custody, from information I received—I saw this document on 24th or 25th November—we did not observe until then that it was a forgery—that was the document he had to take before the surgeon in May—he would bring it back to me filled up, and it was shown to me before I paid the money to him.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Did I produce a paper when I first applied to be enrolled in the reserve?
<hi rend="italic">A.</hi> No—I enrolled you as George Williamson, upon the paper that was written from your regiment—you would have to wait five</p>
<xptr type="pageFacsimile" doc="187012120037"/>
<p>or six days—I have not a doubt about you being the person—if I did not pay the money into your hands another sergeant did—I handed it out.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-143" type="witnessName">
<interp inst="t18701212-name-143" type="gender" value="male"/>
<interp inst="t18701212-name-143" type="surname" value="SPILLER"/>
<interp inst="t18701212-name-143" type="given" value="GEORGE"/>GEORGE SPILLER</persName> </hi>. I was a Sergeant of Pensioners at Woolwich, in the same office as Mr. Bleach—I saw the prisoner in the office on 10th May—he had been prior, and communication had been made with the regiment, and this document had been received back—he came to the office for the purpose of being enrolled in the Army Reserve, stating that he had bought his discharge, and we wrote to the 2nd Battalion 2nd Foot Regiment for this document—the whole of it, with the exception of the prisoner's signature and the doctor's, is in my writing—I took the prisoner with it to the Woolwich Police Court, and this is his signature attesting it—(
<hi rend="italic">This contained a certificate of the surgeon, J. R. Reed, that he had ex
<lb/>amined George Williamson, of the 2nd Battalion 2nd Regiment of Foot; and also a certificate from the Staff Officer, dated 9th May</hi>, 1870,
<hi rend="italic">giving a descrip
<lb/>tion of George Williamson, his character good, no badges for good conduct, cause of discharge, purchase, residence</hi> 2,
<hi rend="italic">High Street, Woolwich, present occupation bricklayer, and was signed George Williamson, formerly of 2nd Battalion, and stated: "I declare that I have had read to me the foregoing, and am willing to serve Her Majesty for five years provided my services be required, and until fogally discharged, and I further declare that I do not belong to any other force, and have not been in any other class of the said Reserve Force</hi>")—The particulars which are filled in are got from the man himself, and from the history you have there—I don't know Dr. Read's signature.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> How many times did you see me previous to 10th May?
<hi rend="italic">A.</hi> It may be three or four times—you came Three or four times in the morning to see if the document had arrived, and when it did arrive the attestation was made out—I am not aware that I have seen you since 10th May, till I saw you at the Woolwich Police Court—I was employed as assistant staff-sergeant up to 16th August in the present year—I resigned because the salary was so small—it was not through the effect of drink that I was removed from the office—I have not a shadow of a doubt that you are the person—I paid you the 1
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>.—I believe I paid it at the Police Court where you were sworn, for I invariably paid it there—I am quite sure I paid you—I was in the office when Mr. Bleach paid the money, and I paid it to you at the Court—I went and had something to drink with you at the "Castle" public-house afterwards.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-144" type="witnessName">
<interp inst="t18701212-name-144" type="gender" value="male"/>
<interp inst="t18701212-name-144" type="surname" value="BLEACH"/>
<interp inst="t18701212-name-144" type="given" value="WILLIAM"/>WILLIAM BLEACH</persName> </hi> (
<hi rend="italic">Re-examined</hi>). The signature of Mr. Reed, the surgeon, to this paper, is not in his writing.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-145" type="witnessName">
<interp inst="t18701212-name-145" type="gender" value="male"/>
<interp inst="t18701212-name-145" type="surname" value="MCGUINESS"/>
<interp inst="t18701212-name-145" type="given" value="JAMES"/>JAMBS McGUINESS</persName> </hi>. I am Staff Sergeant of Pensioners at Deptford—on 7th July the prisoner came to the office either to me or Major Richmond; he afterwards came to me to enrol himself in the Reserve—he gave the name of Peter Mullins, late of the 61st Foot—1
<hi rend="italic">l</hi>. 17
<hi rend="italic">s</hi>. was paid to him in my presence, by Major Richmond, the staff-officer there—the prisoner pro
<lb/>duced the document which Major Richmond enrolled him on; this is it; he wrote his name to it in my presence—I am quite sure he is the person—(
<hi rend="italic">This described the volunteer as Peter Mullins, late of 61st Foot, discharged as a private, after ten years' service; two good conduct badges; and he claimed his discharge, and the attestation was signed</hi> "
<hi rend="italic">Peter Mullins, in the presence of E. Coffan</hi>")—That was the man who went with him to the Police Court—on 4th October the prisoner applied for and received 1
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. for quarterly bounty; and on 31st October I paid him 2
<hi rend="italic">s</hi>. for a day's pay; he received the money in the name of Peter Mullins.</p>
<xptr type="pageFacsimile" doc="187012120038"/>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-146" type="witnessName">
<interp inst="t18701212-name-146" type="gender" value="male"/>
<interp inst="t18701212-name-146" type="surname" value="BRADLEY"/>
<interp inst="t18701212-name-146" type="given" value="WILLIAM"/>WILLIAM BRADLEY</persName> </hi>. I am Colour Sergeant of the 2nd Battalion, 2nd Foot, quartered at Devonport—the prisoner was in that regiment, in the name of Hurley—in 1866 he was transferred to the 61st Regiment; he had then been in the 2nd Regiment about five years—he was in my Company—there was also a man in my Company named George Williamson; he was discharged by purchase, on 26th February, 1869—the particulars set out in this document correspond with the particulars of George Williamson, as near as I can think—when a man changes from one regiment to another, certain documents go with him, and he goes in the same name; both George Williamson and the prisoner served in the same Company of the 2nd Foot.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Where was the regiment lying when Williamson took his discharge?
<hi rend="italic">A.</hi> Aldershott; the 61st Regiment was in Bermuda then—the 2nd Regiment left Aldershott in 1869, and went to Gosport—William
<lb/>ion was discharged in February, 1869—when a man is transferred, it very often occurs that he changes his name; he can do so by authority; you have to apply through the Commander to the War Office.</p>
<p>
<hi rend="italic">Re-examined.</hi> It would appear on the certificate of discharge—he would be discharged under an
<hi rend="italic">alias.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-147" type="witnessName">
<interp inst="t18701212-name-147" type="gender" value="male"/>
<interp inst="t18701212-name-147" type="surname" value="READ"/>
<interp inst="t18701212-name-147" type="given" value="THOMAS"/>THOMAS READ</persName> </hi>. I am Sergeant of Out Pensioners, at Woolwich—towards the end of November the prisoner came to me and asked to be enrolled in the New Reserve—he said his name was George Williamson, of the 2nd Battalion, 2nd Foot—some inquiry was made, and the first enrolment paper looked to; Dr. Reed saw his name, and the prisoner was detained, and ulti
<lb/>mately given into custody.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I have got to state that on the day in question I can prove by two witnesses that I was at Gosport; they belong to the regiment to which the sergeant, who has given evidence, belongs—I have no means of bringing them here; they are with the regiment at Devonport, at present.</p>
<p>
<hi rend="smallCaps">
<rs id="t18701212-79-verdict-1" type="verdictDescription">
<interp inst="t18701212-79-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18701212-79-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18701212-79-punishment-23" type="punishmentDescription">
<interp inst="t18701212-79-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18701212-79-punishment-23" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-79-18701212 t18701212-79-punishment-23"/>Twelve Months' Imprisonment.</rs> </hi> </p>
<p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p> </div1>
<p>
<hi rend="largeCaps">SURREY CASES</hi>.</p>
<div1 type="trialAccount" id="t18701212-80">
<interp inst="t18701212-80" type="uri" value="sessionsPapers/18701212"/>
<interp inst="t18701212-80" type="date" value="18701212"/>
<join result="criminalCharge" id="t18701212-80-charge-1" targOrder="Y" targets="def1-80-18701212 t18701212-80-offence-1 t18701212-80-verdict-1"/>
<join result="criminalCharge" id="t18701212-80-charge-1" targOrder="Y" targets="def2-80-18701212 t18701212-80-offence-1 t18701212-80-verdict-1"/>
<p>80.
<persName id="def1-80-18701212" type="defendantName">
<interp inst="def1-80-18701212" type="gender" value="male"/>
<interp inst="def1-80-18701212" type="age" value="34"/>
<interp inst="def1-80-18701212" type="surname" value="TOMLINSON"/>
<interp inst="def1-80-18701212" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN TOMLINSON</hi> (34)</persName>, and
<persName id="def2-80-18701212" type="defendantName">
<interp inst="def2-80-18701212" type="gender" value="male"/>
<interp inst="def2-80-18701212" type="age" value="55"/>
<interp inst="def2-80-18701212" type="surname" value="SMITH"/>
<interp inst="def2-80-18701212" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE SMITH</hi> (55)</persName>,
<hi rend="smallCaps">
<rs id="t18701212-80-verdict-1" type="verdictDescription">
<interp inst="t18701212-80-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18701212-80-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18701212-80-offence-1" type="offenceDescription">
<interp inst="t18701212-80-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18701212-80-offence-1" type="offenceSubcategory" value="coiningOffences"/>to feloniously uttering counterfeit coin, they having been before convicted of uttering.</rs> </p> </div1>
<div1 type="trialAccount" id="t18701212-81">
<interp inst="t18701212-81" type="uri" value="sessionsPapers/18701212"/>
<interp inst="t18701212-81" type="date" value="18701212"/>
<join result="criminalCharge" id="t18701212-81-charge-1" targOrder="Y" targets="def1-81-18701212 t18701212-81-offence-1 t18701212-81-verdict-1"/>
<join result="criminalCharge" id="t18701212-81-charge-2" targOrder="Y" targets="def2-81-18701212 t18701212-81-offence-1 t18701212-81-verdict-1"/>
<join result="criminalCharge" id="t18701212-81-charge-3" targOrder="Y" targets="def3-81-18701212 t18701212-81-offence-1 t18701212-81-verdict-2"/>
<p>81.
<persName id="def1-81-18701212" type="defendantName">
<interp inst="def1-81-18701212" type="gender" value="male"/>
<interp inst="def1-81-18701212" type="age" value="34"/>
<interp inst="def1-81-18701212" type="surname" value="TOMLINSON"/>
<interp inst="def1-81-18701212" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN TOMLINSON</hi> </persName> and
<persName id="def2-81-18701212" type="defendantName">
<interp inst="def2-81-18701212" type="gender" value="male"/>
<interp inst="def2-81-18701212" type="age" value="55"/>
<interp inst="def2-81-18701212" type="surname" value="SMITH"/>
<interp inst="def2-81-18701212" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE SMITH</hi> </persName> were
<hi rend="italic">again</hi> indicted with
<persName id="def3-81-18701212" type="defendantName">
<interp inst="def3-81-18701212" type="gender" value="female"/>
<interp inst="def3-81-18701212" type="age" value="24"/>
<interp inst="def3-81-18701212" type="surname" value="LEWIS"/>
<interp inst="def3-81-18701212" type="given" value="MARY ANN"/>
<hi rend="largeCaps">MARY ANN LEWIS</hi> (24),</persName>
<rs id="t18701212-81-offence-1" type="offenceDescription">
<interp inst="t18701212-81-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18701212-81-offence-1" type="offenceSubcategory" value="coiningOffences"/> for unlawfully having counterfeit coin in their possession, with intent to utter it, to which</rs> </p>
<p>
<hi rend="largeCaps">SMITH</hi>** and
<hi rend="largeCaps">TOM
<lb/>LINSON</hi>**
<hi rend="smallCaps">
<rs id="t18701212-81-verdict-1" type="verdictDescription">
<interp inst="t18701212-81-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18701212-81-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18701212-81-punishment-24" type="punishmentDescription">
<interp inst="t18701212-81-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t18701212-81-punishment-24" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-81-18701212 t18701212-81-punishment-24"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-81-18701212 t18701212-81-punishment-24"/>Fifteen Years' Penal Servitude each</rs>.</hi> </p>
<p>
<hi rend="smallCaps">MR. STRAIGHT</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. HORACE BROWN</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-153" type="witnessName">
<interp inst="t18701212-name-153" type="gender" value="male"/>
<interp inst="t18701212-name-153" type="surname" value="MOORE"/>
<interp inst="t18701212-name-153" type="given" value="JOHN"/>JOHN MOORE</persName> </hi>. I am shopman to Henry Cook, a cheesemonger, of 365, Walworth Road—on Saturday night, 12th November, about 11.30, I served Tomlinson with some butter, which came to 1 3/4
<hi rend="italic">d</hi>.—he gave me a sixpence, which I put in the till—I afterwards found it there on top of some other silver—it was bad.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-154" type="witnessName">
<interp inst="t18701212-name-154" type="gender" value="male"/>
<interp inst="t18701212-name-154" type="surname" value="SELTH"/>
<interp inst="t18701212-name-154" type="given" value="ZACARIAH"/>ZACARIAH SELTH</persName> </hi>. I keep the "Lord Clyde," Avenue Road, Camberwell—on 12th November, at night, I was in my cellar—my daughter called me up, and I ran out, caught Tomlinson and Lewis, and brought them back—my daughter said to Tomlinson "You gave me a bad shilling"—he said "Not that I am aware of"—I had cleared my till before I went down</p>
<xptr type="pageFacsimile" doc="187012120039"/>
<p>stairs, and there were only a few sixpences in it—I gave him in custody with the shilling, which my daughter marked—she is not here; she is ill.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-155" type="witnessName">
<interp inst="t18701212-name-155" type="gender" value="male"/>
<interp inst="t18701212-name-155" type="surname" value="PUTTICK"/>
<interp inst="t18701212-name-155" type="given" value="WILLIAM"/>WILLIAM PUTTICK</persName> </hi> (
<hi rend="italic">Policeman P</hi> 140). On Saturday night, 20th Novem
<lb/>ber, just before 7 o'clock, I saw the three prisoners together—Tomlinson left the others, and went into a butter-shop, not Mr. Moore's, but another—he came out, joined them, and gave Lewis something—they walked on together down the Walworth Road, and Lewis handed something which I could not see, to Smith, who went into the "Sir William Walworth" public-house—the others remained close by—he came out, rejoined them, and they crossed over to the corner of Carter Street—Tomlinson then went into Mr. Cook's shop, came out, and gave something to Lewis, and something to Smith—I followed them to Avenue Road, and saw Tomlinson and Lewis go into the "Lord Clyde"—Smith remained outside at the corner—I went to the door, saw them inside, and told them I should take them in custody—Tomlinson said "You have made a mistake"—I took hold of Lewis, and heard money chink on the stones—I took them to the station, and received this sixpence from Moore and this shilling from Miss Selth—I received these seven sixpences and three shillings from Day.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-156" type="witnessName">
<interp inst="t18701212-name-156" type="gender" value="male"/>
<interp inst="t18701212-name-156" type="surname" value="DAY"/>
<interp inst="t18701212-name-156" type="given" value="WILLIAM"/>WILLIAM DAY</persName> </hi>. I lived at 1, Elizabeth Street, Westmoreland Road—on Saturday night, 12th November, Puttick spoke to me, and I followed the prisoners—Lewis passed something to Tomlinson previous to going to Cook's butter-shop—I took hold of Smith and Lewis—Lewis threw away some coins in paper, which struck against a fence, and went into a garden—I afterwards picked them up, with the potman—there were seven sixpences and three shillings.</p>
<p>
<hi rend="italic">Lewis.</hi> I could not have thrown them away, as you held me round the arms.
<hi rend="italic">Witness.</hi> No, I held you round the neck.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-157" type="witnessName">
<interp inst="t18701212-name-157" type="gender" value="female"/>
<interp inst="t18701212-name-157" type="surname" value="WELLS"/>
<interp inst="t18701212-name-157" type="given" value="GRACE"/>GRACE WELLS</persName> </hi>. I am the wife of James Wells, a policeman, and am searcher at Carter Street Station—I searched Lewis, and found eight small parcels, and among them a small quantity of butter, which Moore iden
<lb/>tified.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-158" type="witnessName">
<interp inst="t18701212-name-158" type="gender" value="male"/>
<interp inst="t18701212-name-158" type="surname" value="WEBSTER"/>
<interp inst="t18701212-name-158" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These shillings, uttered by Tomlinson, are both bad—these seven sixpences and three shillings, thrown away by Lewis, are bad—two of the sixpences are from the same mould as Tomlinson's.</p>
<p>
<hi rend="largeCaps">LEWIS</hi>
<hi rend="smallCaps">
<rs id="t18701212-81-verdict-2" type="verdictDescription">
<interp inst="t18701212-81-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18701212-81-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18701212-81-punishment-25" type="punishmentDescription">
<interp inst="t18701212-81-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t18701212-81-punishment-25" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-81-18701212 t18701212-81-punishment-25"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18701212-82">
<interp inst="t18701212-82" type="uri" value="sessionsPapers/18701212"/>
<interp inst="t18701212-82" type="date" value="18701212"/>
<join result="criminalCharge" id="t18701212-82-charge-1" targOrder="Y" targets="def1-82-18701212 t18701212-82-offence-1 t18701212-82-verdict-1"/>
<p>82.
<persName id="def1-82-18701212" type="defendantName">
<interp inst="def1-82-18701212" type="gender" value="female"/>
<interp inst="def1-82-18701212" type="age" value="29"/>
<interp inst="def1-82-18701212" type="surname" value="REEVE"/>
<interp inst="def1-82-18701212" type="given" value="ANNIE"/>
<hi rend="largeCaps">ANNIE REEVE</hi>,
<hi rend="italic">alias</hi>
<rs id="t18701212-alias-1" type="alias">
<join result="nameAlias" targOrder="Y" targets="def1-82-18701212 t18701212-alias-1"/>
<hi rend="largeCaps">WOOD</hi> </rs> </persName> (29)
<rs id="t18701212-82-offence-1" type="offenceDescription">
<interp inst="t18701212-82-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18701212-82-offence-1" type="offenceSubcategory" value="bigamy"/>, Feloniously marrying
<persName id="t18701212-name-160" type="victimName">
<interp inst="t18701212-name-160" type="gender" value="male"/>
<interp inst="t18701212-name-160" type="surname" value="WOOD"/>
<interp inst="t18701212-name-160" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18701212-82-offence-1 t18701212-name-160"/>George Wood</persName> during the life of her husband,
<persName id="t18701212-name-161" type="victimName">
<interp inst="t18701212-name-161" type="gender" value="male"/>
<interp inst="t18701212-name-161" type="surname" value="REEVE"/>
<interp inst="t18701212-name-161" type="given" value="CHARLES JULIAN"/>
<join result="offenceVictim" targOrder="Y" targets="t18701212-82-offence-1 t18701212-name-161"/>Charles Julian Reeve</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MR. LEWIS</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-162" type="witnessName">
<interp inst="t18701212-name-162" type="gender" value="male"/>
<interp inst="t18701212-name-162" type="surname" value="PIERPOINT"/>
<interp inst="t18701212-name-162" type="given" value="MATTHEW HOUSE"/>REV. MATTHEW HOUSE PIERPOINT</persName> </hi>. I am Rector of Elworthy, near Taunton—I know the prisoner—I married her to Charles Julian Reeve, in June, 1863, in the name of
<persName id="t18701212-name-163">
<interp inst="t18701212-name-163" type="gender" value="indeterminate"/>
<rs id="t18701212-alias-2" type="alias">
<join result="nameAlias" targOrder="Y" targets="t18701212-name-163 t18701212-alias-2"/>Annie Rickaby</rs> </persName>—I saw Mr. Reeve the day before she was committed for trial—I was examined at this Court on 10th June, 1868, when she was tried for bigamy (
<hi rend="italic">See</hi> vol. lxviii. p. 186)—I then swore that Mr. Reeve was alive, and she was convicted.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Do you consider that you are justified in being a witness against me, considering the character you bear in Cardiff?
<hi rend="italic">A.</hi> That has nothing to do with it, I am simply subpœnaed to appear here, and here I am.</p>
<p>
<hi rend="smallCaps">MR. LEWIS</hi>.
<hi rend="italic">Q.</hi> Was her defence, on that occasion, that somebody had told her that Mr. Reed was dead?
<hi rend="italic">A.</hi> I believe it was.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-164" type="witnessName">
<interp inst="t18701212-name-164" type="gender" value="male"/>
<interp inst="t18701212-name-164" type="surname" value="WOOD"/>
<interp inst="t18701212-name-164" type="given" value="GEORGE"/>GEORGE WOOD</persName> </hi>. I am of no profession—I married the prisoner on 30th</p>
<xptr type="pageFacsimile" doc="187012120040"/>
<p>July—she represented herself as the widow of Captain Armstrong, of the 16th Regiment, and said that she never knew who her father and mother were, as she had been left, as an infant, in the charge of Major Polsworth—I afterwards found that her father and mother were living within a few doors of me, and that she had married Mr. Reeve and Mr. Blackman.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Were you not perfectly acquainted with everything relating to my former marriages?
<hi rend="italic">A.</hi> Certainly not.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I was perfectly convinced that I was free to marry Mr. Wood. All my letters and papers are in my solicitor's hands, and he is not here. There are several letters, stating that Mr. Reeve is dead, which the solicitor has Mr. Wood has abstracted some letters from my luggage, which would have proved that Mr. Reeve was dead, or that it had been stated to me that he was dead, for my father saw his mother, who said that she thoroughly believed he died in Dublin.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-165" type="witnessName">
<interp inst="t18701212-name-165" type="gender" value="male"/>
<interp inst="t18701212-name-165" type="surname" value="WOOD"/>
<interp inst="t18701212-name-165" type="given" value="GEORGE"/>GEORGE WOOD</persName> </hi> (
<hi rend="italic">Re-examined</hi>) I have two boxes in my possession, which I was obliged to remove from the lodging, or I should have had to continue to pay the rent—the solicitor asked me to give them up—I said I would do so if the prisoner gave up my letters; from people from whom she had obtained money in my name.</p>
<p>
<hi rend="smallCaps">
<rs id="t18701212-82-verdict-1" type="verdictDescription">
<interp inst="t18701212-82-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18701212-82-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18701212-82-punishment-26" type="punishmentDescription">
<interp inst="t18701212-82-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t18701212-82-punishment-26" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-82-18701212 t18701212-82-punishment-26"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18701212-83">
<interp inst="t18701212-83" type="uri" value="sessionsPapers/18701212"/>
<interp inst="t18701212-83" type="date" value="18701212"/>
<join result="criminalCharge" id="t18701212-83-charge-1" targOrder="Y" targets="def1-83-18701212 t18701212-83-offence-1 t18701212-83-verdict-1"/>
<join result="criminalCharge" id="t18701212-83-charge-2" targOrder="Y" targets="def2-83-18701212 t18701212-83-offence-1 t18701212-83-verdict-1"/>
<p>83.
<persName id="def1-83-18701212" type="defendantName">
<interp inst="def1-83-18701212" type="gender" value="female"/>
<interp inst="def1-83-18701212" type="age" value="31"/>
<interp inst="def1-83-18701212" type="surname" value="SHIPTON"/>
<interp inst="def1-83-18701212" type="given" value="ANN"/>
<hi rend="largeCaps">ANN SHIPTON</hi> (31)</persName>, and
<persName id="def2-83-18701212" type="defendantName">
<interp inst="def2-83-18701212" type="gender" value="female"/>
<interp inst="def2-83-18701212" type="age" value="32"/>
<interp inst="def2-83-18701212" type="surname" value="TEDGELL"/>
<interp inst="def2-83-18701212" type="given" value="HANNAH"/>
<hi rend="largeCaps">HANNAH TEDGELL</hi> (32)</persName>
<rs id="t18701212-83-offence-1" type="offenceDescription">
<interp inst="t18701212-83-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18701212-83-offence-1" type="offenceSubcategory" value="manslaughter"/>, Feloniously killing and slaying
<persName id="t18701212-name-168" type="victimName">
<interp inst="t18701212-name-168" type="gender" value="female"/>
<interp inst="t18701212-name-168" type="surname" value="STEVENS"/>
<interp inst="t18701212-name-168" type="given" value="ELIZABETH"/>
<join result="offenceVictim" targOrder="Y" targets="t18701212-83-offence-1 t18701212-name-168"/>Elizabeth Stevens</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MR. BOTTOMLEY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-169" type="witnessName">
<interp inst="t18701212-name-169" type="gender" value="male"/>
<interp inst="t18701212-name-169" type="surname" value="COPPIN"/>
<interp inst="t18701212-name-169" type="given" value="MORLEY"/>MORLEY COPPIN</persName> </hi>. I am a surgeon, of 138, Westminster Bridge Road—on 26th November, about 9 o'clock at night, I was called to Tower Street Station, to see a woman on a stretcher—she was lying before a fire, and had been dead about an hour—the pupils of her eyes were very much dilated, and her fingers were slightly contracted—there was no congestion, and no marks of violence—I infer, from the dilation of the pupils, that she died of apoplexy—I cannot say whether she had had any drink—it is very diffi
<lb/>cult to smell drink from a dead person.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-170" type="witnessName">
<interp inst="t18701212-name-170" type="gender" value="male"/>
<interp inst="t18701212-name-170" type="surname" value="BOLT"/>
<interp inst="t18701212-name-170" type="given" value="ROBERT ANDREW"/>ROBERT ANDREW BOLT</persName> </hi>. I am a surgeon, of 108, Blackman Street, and surgeon to St. George's Hospital—on 28th November I made a
<hi rend="italic">post-mortem</hi> examination of the deceased, and found a clot of blood, and 2ozs. of blood and serum at the base of the brain—there was no fracture of the skull; there was a bruise on the right knee, a graze on the right hip, and a scar about the middle of the back, just over the kidneys—the brain was congested—the stomach was perfectly healthy—apoplexy was the cause of death—there was not sufficient evidence of violence for me to form any conclusion what brought on the apoplexy.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Would excessive drinking be likely to bring it on?
<hi rend="italic">A.</hi> It would tend to weaken the vessels of the brain, especially if it had become habitual—she had been drinking; but I made the
<hi rend="italic">post-mortem</hi> on the Monday, and she died on the Saturday.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-171" type="witnessName">
<interp inst="t18701212-name-171" type="gender" value="male"/>
<interp inst="t18701212-name-171" type="surname" value="BARTHOLOMEW"/>
<interp inst="t18701212-name-171" type="given" value="ROBERT"/>ROBERT BARTHOLOMEW</persName> </hi> (
<hi rend="italic">Policeman L</hi> 42). On the night of 26th Novem
<lb/>ber, about 6 o'clock, I found the deceased, whose name I afterwards found to be Elizabeth Stevens, sitting on the footway in King Street, Cornwall Road, with her back against the wall—I raised her up, and asked her name; but I could not understand what she muttered—she was the worse for liquor—I sent for a stretcher, and conveyed her to the station—she smelt of drink, and was placed in a cell, and died about 9 o'clock—the corpse was taken to St. George's Workhouse.</p>
<xptr type="pageFacsimile" doc="187012120041"/>
<p>
<hi rend="smallCaps">MR. BOTTOMLEY</hi>,
<hi rend="italic">in reply to</hi>
<hi rend="smallCaps">THE COURT</hi>,
<hi rend="italic">stated that he had no evidence of any violence which would have caused apoplexy.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18701212-83-verdict-1" type="verdictDescription">
<interp inst="t18701212-83-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18701212-83-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18701212-84">
<interp inst="t18701212-84" type="uri" value="sessionsPapers/18701212"/>
<interp inst="t18701212-84" type="date" value="18701212"/>
<join result="criminalCharge" id="t18701212-84-charge-1" targOrder="Y" targets="def1-84-18701212 t18701212-84-offence-1 t18701212-84-verdict-1"/>
<join result="criminalCharge" id="t18701212-84-charge-2" targOrder="Y" targets="def2-84-18701212 t18701212-84-offence-1 t18701212-84-verdict-1"/>
<p>84.
<persName id="def1-84-18701212" type="defendantName">
<interp inst="def1-84-18701212" type="gender" value="female"/>
<interp inst="def1-84-18701212" type="age" value="31"/>
<interp inst="def1-84-18701212" type="surname" value="SHIPTON"/>
<interp inst="def1-84-18701212" type="given" value="ANN"/>
<hi rend="largeCaps">ANN SHIPTON</hi> </persName> and
<persName id="def2-84-18701212" type="defendantName">
<interp inst="def2-84-18701212" type="gender" value="female"/>
<interp inst="def2-84-18701212" type="age" value="32"/>
<interp inst="def2-84-18701212" type="surname" value="TEDGELL"/>
<interp inst="def2-84-18701212" type="given" value="HANNAH"/>
<hi rend="largeCaps">HANNAH TEDGELL</hi> </persName> were
<hi rend="italic">again</hi> indicted for
<rs id="t18701212-84-offence-1" type="offenceDescription">
<interp inst="t18701212-84-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18701212-84-offence-1" type="offenceSubcategory" value="assault"/> assaulting the said
<persName id="t18701212-name-174" type="victimName">
<interp inst="t18701212-name-174" type="gender" value="female"/>
<interp inst="t18701212-name-174" type="surname" value="STEVENS"/>
<interp inst="t18701212-name-174" type="given" value="ELIZABETH"/>
<join result="offenceVictim" targOrder="Y" targets="t18701212-84-offence-1 t18701212-name-174"/>Elizabeth Stevens</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MR. BOTTOMLEY</hi>
<hi rend="italic">offered no evidence.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18701212-84-verdict-1" type="verdictDescription">
<interp inst="t18701212-84-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18701212-84-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18701212-85">
<interp inst="t18701212-85" type="uri" value="sessionsPapers/18701212"/>
<interp inst="t18701212-85" type="date" value="18701212"/>
<join result="criminalCharge" id="t18701212-85-charge-1" targOrder="Y" targets="def1-85-18701212 t18701212-85-offence-1 t18701212-85-verdict-1"/>
<p>85.
<persName id="def1-85-18701212" type="defendantName">
<interp inst="def1-85-18701212" type="gender" value="male"/>
<interp inst="def1-85-18701212" type="age" value="17"/>
<interp inst="def1-85-18701212" type="surname" value="CALLAGHAN"/>
<interp inst="def1-85-18701212" type="given" value="DANIEL"/>
<hi rend="largeCaps">DANIEL CALLAGHAN</hi> (17)</persName>
<rs id="t18701212-85-offence-1" type="offenceDescription">
<interp inst="t18701212-85-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18701212-85-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously cutting and wounding
<persName id="t18701212-name-176" type="victimName">
<interp inst="t18701212-name-176" type="gender" value="male"/>
<interp inst="t18701212-name-176" type="surname" value="PRIESTLEY"/>
<interp inst="t18701212-name-176" type="given" value="JOSEPH"/>
<interp inst="t18701212-name-176" type="occupation" value="dog-dancer"/>
<join result="offenceVictim" targOrder="Y" targets="t18701212-85-offence-1 t18701212-name-176"/>Joseph Priestley</persName>, with intent to do him some grievous bodily harm.</rs> </p>
<p>
<hi rend="smallCaps">MR. BOTTOMLEY</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-177" type="witnessName">
<interp inst="t18701212-name-177" type="gender" value="male"/>
<interp inst="t18701212-name-177" type="surname" value="PRIESTLEY,"/>
<interp inst="t18701212-name-177" type="given" value="JOSEPH"/>JOSEPH PRIESTLEY, JUN</persName> </hi>. I am a
<hi rend="italic">dog</hi> dancer at a music-hall, and live at 6, Durham Place, Peffer Street, Borough, near the prisoner—on Saturday evening, 12th November, between 5.30 and 6 o'clock, I was standing against a shop, in Peffer Street, and saw the prisoner and a young lad, Hugh Nicholls, who asked me a question, and the prisoner said "Heugh!"—I replied "Heugh!" to him, using the word back again, as I thought he was jeering me, and I touched him three times under the chin with my fingers, not with my fist—he then kicked my shins three times, and I struck him on the eye with my fist—he then said, "God strike me stone blind, I will go up stairs, and get a knife, and rip you open"—I went indoors, and got my father to come and take care of me—I came out again, and my father and mother followed me—I then saw the prisoner at the corner of the street, about nine yards from me, with a knife in his right hand, and made my way to run home, but, in turning round quick, I ran up against a lamp-post, and he came over and stuck the knife into my left shoulder with all his force, and said, "I have done it for you"—he ran away; my father ran after him, and I followed—we caught him with the knife in his hand, and brought him to the corner of the street—I then felt so giddy that I had to let go of him—I went indoors, took off my coat, waistcoat, and shirt, and found I was bleeding very much, and went to the hospital—I still feel weak, and cannot dance now—I had had no quarrel with the prisoner.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I am nineteen years old, and the prisoner is fifteen—the first struggle did not occur near Elizabeth Lashmere's door, but after
<lb/>wards we were three yards from her door; she said "Callaghan is coming," and I rushed across towards my own house—I did not turn round and face Callaghan; we did not both meet face to face in the road—I had nothing with a knob at the tip, in my hand, covered with a handkerchief, nor did I aim a blow at the prisoner with it—I did not say, "Now, Callaghan, come on"—I did not strike him on the head with it, nor did he stagger back—we did not fight in the middle of the road, and both fall—the people did not call out "One has got a knife, and the other has got a hammer"—I swear I had nothing in my hand; I only had my fist—I did not come out again after I was wounded—I did not go home, pull my coat off, and say, "We will have a fair fight"—I do not know Catherine Foley—the prisoner did not call out, "Pray take that hammer from him, or else he will kill; me with it"—my father did not come out and take the prisoner by the throat with both hands, and hold him as tight as he could—a woman did not call out "Let them be, man to man"—I had a life preserver, but I chucked it on the tiles six weeks ago; it had a string round it—I am not a fighting man—I have fought twice, for 10
<hi rend="italic">s</hi>. each fight, but only twice;</p>
<xptr type="pageFacsimile" doc="187012120042"/>
<p>once was with Stack, of Bermondsey New Road, and once with Pepper, of Kent Street; I won—one is twelve stone, and the other ten—my weight is nine stone ten—I have never fought with Wallace or Jerry Hurley—I have got into a row many times, but only fought twice for money.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-178" type="witnessName">
<interp inst="t18701212-name-178" type="gender" value="female"/>
<interp inst="t18701212-name-178" type="surname" value="PRIESTLEY"/>
<interp inst="t18701212-name-178" type="given" value="MARIA"/>MARIA PRIESTLEY</persName> </hi>. I am the mother of the last witness—my husband is a dealer in sawdust, and lives in Peffer Street; on Saturday evening, 12th November, about 6 o'clock, I was indoors, and my son ran in, and said "Father, come and see me righted"—he ran out, his father ran out after him, and I followed, and saw the prisoner standing against a shop, about twelve yards from my door—I saw Callaghan come from the shop window; he made towards my son, who tried to get away from him, but ran against a post, and the prisoner stuck a knife into his shoulder, saying "I have done it for you, now"—he ran away, and ray husband ran after him, and brought him back—my son said "Father, I am stabbed"—he was perfectly sober—they laid hold of Callaghan, but he got away.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-179" type="witnessName">
<interp inst="t18701212-name-179" type="gender" value="male"/>
<interp inst="t18701212-name-179" type="surname" value="PRIESTLEY"/>
<interp inst="t18701212-name-179" type="given" value="JOSEPH"/>JOSEPH PRIESTLEY</persName> </hi>. I am the prosecutor's father—he is about twenty—he came in on this night, and said "Father, will you come out and see me righted?—I went out, and my
<hi rend="italic">missus</hi> followed
<hi rend="italic">after</hi>—I saw the prisoner by the corner shop, ten or eleven yards from me—he ran across towards me, with a knife in his right hand—my boy made a rush to get away, and fell against a post, and the prisoner dug the knife into his shoulder with all his force, and said "Now, you swine, I have done it for you!" and ran away—I ran after him, caught him by the collar, and asked him for the knife, but he would not give it to me—I got hold of the blade, and loosened it—my finger was cut—he turned me round, and got away—this is the knife; the blade is loose—I pointed out the prisoner to the police.</p>
<p>
<hi rend="italic">Cross-examined.</hi> My son and the prisoner did not make a rush at each other; he made a rush at my boy—I was examined at the Police Court—it is true that they made a rush at each other—that was when he had the knife—I seized the prisoner by the neck with one hand, and seized the knife with the other—I did not seize him so that he could not breathe except through his nostrils.</p>
<p>
<hi rend="italic">Re-examined.</hi> If I had done so, he would have had an opportunity of driving the knife into me—when my boy came out with me, he went towards the left-hand shop, and the prisoner was towards the right-hand shop—he did not go towards the prisoner, but the prisoner rushed at him, and he rushed away—my boy ran towards him two or three yards, and then turned round to run away, and ran against a post.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-180" type="witnessName">
<interp inst="t18701212-name-180" type="gender" value="male"/>
<interp inst="t18701212-name-180" type="surname" value="SMITH"/>
<interp inst="t18701212-name-180" type="given" value="GEORGE"/>GEORGE SMITH</persName> </hi>. I am employed at a printing office—I was standing against Mrs. Lashmere's shop, and saw the prisoner come down to the corner from his house, with a knife—he made his way over to Priestley, and they were both backing each other, but they were not quite close enough to push one another—the prisoner then made a rush at the prosecutor, who turned to run away, but came against a post, and the prisoner being close behind him, said "I will rip him up," struck him with the knife on the shoulder, and ran away—old Mr. Priestley caught him—I helped to take Priestley to the hospital.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I did not see the father and mother there when the blow was given; I saw them both there after it was given—they may have been there when it was given—Priestley told me that he had had a quarrel just before—I saw the prisoner come from the door—his eye was bleeding—they</p>
<xptr type="pageFacsimile" doc="187012120043"/>
<p>got close to each other, but I did not see any blows struck then, they only kept backing each other—I did not see Priestley strike the prisoner at all.</p>
<p>
<hi rend="italic">Q.</hi> Have not you said before the Magistrate, "Priestley struck the first blow two or three minutes before he was stabbed?" and again, "Priestley struck the prisoner when the prisoner went up with a rush at him?"
<hi rend="italic">A.</hi> Yes, that is true.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Then how can this be true?
<hi rend="italic">A.</hi> Priestley struck the prisoner, but whether he had anything in his hand I will not swear.</p>
<p>
<hi rend="smallCaps">MR. BOTTOMLEY</hi>.
<hi rend="italic">Q.</hi> When the prisoner came out what did he do?
<hi rend="italic">A.</hi> He stood against Mrs. Lashmere's shop, and the prisoner was over the way—the prisoner made his way over to him with the knife, like this, and they both made a rush at each other, and Priestley struck him—I mean to say that he hit him, but I do not know where—I saw him make a hit at him.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-181" type="witnessName">
<interp inst="t18701212-name-181" type="gender" value="male"/>
<interp inst="t18701212-name-181" type="surname" value="FITZGERALD"/>
<interp inst="t18701212-name-181" type="given" value="MICHAEL"/>MICHAEL FITZGERALD</persName> </hi>. I live at 21, Falcon Court, Borough, and know Priestley and the prisoner—on Saturday evening, 12th November, I saw a crowd in Union Street, and saw Mr. Priestley holding the prisoner—he asked him for the knife—they took him as far as Lashmere's corner, and let him go, and then they came out again, and the prisoner said "Heavy, I will lock you up"—that is a nick name—I saw a boy pick up this knife from the gutter, and give it to a bigger boy—I afterwards saw it thrown down the sewer.</p>
<p>
<hi rend="italic">Cross-examined. Q.</hi> Have you ever seen this life preserver before? (
<hi rend="italic">produced</hi>).
<hi rend="italic">A.</hi> Yes, I saw it in Priestley's possession about five weeks before the row; he had it in his pocket, with a string round it, and I asked him to let me have a look at it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-182" type="witnessName">
<interp inst="t18701212-name-182" type="gender" value="male"/>
<interp inst="t18701212-name-182" type="surname" value="OLDHAM"/>
<interp inst="t18701212-name-182" type="given" value="CHARLES JOHN"/>CHARLES JOHN OLDHAM</persName> </hi>. I am house-surgeon at Guy's Hospital—I ex
<lb/>amined the prosecutor; he had a stab on the left shoulder, a clean cut about four inches deep, passing from behind forward toward the pectoral muscles, but it did not pierce them; it was in a dangerous place—he is likely to recover, but is not quite well—I have attended him a month.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-183" type="witnessName">
<interp inst="t18701212-name-183" type="gender" value="male"/>
<interp inst="t18701212-name-183" type="surname" value="LUCY"/>
<interp inst="t18701212-name-183" type="given" value="JOHN"/>JOHN LUCY</persName> </hi> (
<hi rend="italic">Policeman M</hi> 173). On 12th November, about 6.30, I was on duty in Union Street—I received information, went into the prisoner's room, and said "You are the party I want for assaulting a man in the street by stabbing him"—he made no remark—I found this life-preserver and hammer-head on him—he said, "This belongs to Priestley."</p>
<p>
<hi rend="italic">Cross-examined.</hi> They were in his pockets; the hammer was in his waistcoat pocket—he had a fresh cut on his eye—there were signs of blood, but not a great deal—these are Priestley's clothes, they are saturated with blood.</p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-184" type="witnessName">
<interp inst="t18701212-name-184" type="gender" value="male"/>
<interp inst="t18701212-name-184" type="surname" value="POLLIN"/>
<interp inst="t18701212-name-184" type="given" value="BENJAMIN"/>BENJAMIN POLLIN</persName> </hi> (
<hi rend="italic">Policeman M</hi> 129). I heard that a knife had been thrown down the grating of a sewer; I went there on the Sunday and found this knife, after getting a great deal of mud away.</p>
<p>
<hi rend="italic">Witnesses for the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18701212-name-185" type="witnessName">
<interp inst="t18701212-name-185" type="gender" value="female"/>
<interp inst="t18701212-name-185" type="surname" value="LASHMERE"/>
<interp inst="t18701212-name-185" type="given" value="ELIZABETH"/>ELIZABETH LASHMERE</persName> </hi>. I am a widow, of 34, Orange Street, at the corner of Peffer Street—on 12th November I was standing at my shop door and saw Priestley eight yards off, or hardly so much, having words with the prisoner; Priestley said "If it is kicking you mean I will brain you," and then Callaghan passed me and they both went home—in about three minutes Priestley returned and stood talking to a young man—in about a minute Callaghan came, and I went round the corner and called to Priestley, "Callaghan is coming"—I thought it would prevent quarrelling, and they were near my window—Priestley crossed the road and turned round with</p>
<xptr type="pageFacsimile" doc="187012120044"/>
<p>something in his hand, wrapped in a white handkerchief; he went into the road and said "Now Callaghan, come on," and he took an aim at Cal
<lb/>laghan's head, it hit him, but I do not know whether on his hat or the brim—the thing had a knob at the tip, but it was covered over—he staggered back and Priestley backed into my window—they stood there a minute or two, face to face, and then began to fight in the middle of the road, and then they went on the pavement, exchanging blows—Priestley was backing, and they shut the shops up over the way—they both fell and rose up again, and people called out "One has got a knife and one has got a hammer"—they went on two houses further, and fell again by the wood yard, and struggled five minutes before it was over—Priestley said "I will pull off my coat and have a fair fight," and he rushed home and came out again—I did not see him stabbed, but I heard him say "I am stabbed! I am stabbed!"—I have known the prisoner from a child, and Priestley for twelve months in the neighbourhood—the prisoner is a quiet lad, in fact he is more childish, playing with children—he was in the shoe-black society for years.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I saw them fall—Priestley had not his coat off then, but he went home and pulled it off, and came out and said that he was stabbed—he must have been stabbed before he pulled it off, because he came out at the door stabbed—he had his coat on when he went in—the prisoner does not know my daughter; she would not look at such a fellow—I did not hear the prisoner say that he would go and fetch a knife and rip him up—I never saw a knife at all—I did not cry out "He has got a knife"—I only said "Callaghan is coming"—I heard the people say "One has got a knife"—I cannot say what Priestley had in his hand, but he twisted a white handkerchief round his hand—when young Priestley came out of his house the prisoner was not there—he never entered my shop—he hit the prisoner on the head with the hand that was covered up, and he staggered back towards my window, but did not fall—I did not see the prisoner strike young Priestley before he went in to take his coat off to have a fair fight—I did not see him turn, with his back to the prisoner, and run against a post—there were, I daresay, twenty people in the road—I heard Priestley say that he was stabbed when he came out.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did this fighting go on till it got beyond your house some distance?
<