<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<p>Sessions Paper.</p>
<p>DAKIN, MAYOR.</p>
<p>Short-hand Writers to the Court,</p>
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<p>On the Queen's Commission of</p>
<p>The City of London,</p>
<p>OF THE</p>
<p>Held on Monday, January 9th, 1871, and following days,</p>
<hi rend="smallCaps">BEFORE THE RIGHT HON</hi>.
<hi rend="largeCaps">
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<interp inst="t18710109-name-1" type="surname" value="DAKIN"/>
<interp inst="t18710109-name-1" type="given" value="THOMAS"/>THOMAS DAKIN</persName>, LORD MAYOR</hi> of the city of London; Sir
<persName id="t18710109-name-2" type="judiciaryName">
<interp inst="t18710109-name-2" type="gender" value="male"/>
<interp inst="t18710109-name-2" type="surname" value="BRETT"/>
<interp inst="t18710109-name-2" type="given" value="WILLIAM BALLIOL"/>
<hi rend="smallCaps">WILLIAM BALLIOL BRETT</hi> </persName>, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir
<hi rend="smallCaps">
<persName id="t18710109-name-3" type="judiciaryName">
<interp inst="t18710109-name-3" type="gender" value="male"/>
<interp inst="t18710109-name-3" type="surname" value="DUKE"/>
<interp inst="t18710109-name-3" type="given" value="JAMES"/>JAMES DUKE</persName> </hi>, Bart.,
<persName id="t18710109-name-4" type="judiciaryName">
<interp inst="t18710109-name-4" type="gender" value="male"/>
<interp inst="t18710109-name-4" type="surname" value="FINNIS"/>
<interp inst="t18710109-name-4" type="given" value="THOMAS QUESTED"/>
<hi rend="smallCaps">THOMAS QUESTED FINNIS</hi> </persName>, Esq., Sir
<hi rend="smallCaps">
<persName id="t18710109-name-5" type="judiciaryName">
<interp inst="t18710109-name-5" type="gender" value="male"/>
<interp inst="t18710109-name-5" type="surname" value="CARDEN"/>
<interp inst="t18710109-name-5" type="given" value="ROBERT WALTER"/>ROBERT WALTER CARDEN</persName> </hi>, Knt., and
<hi rend="smallCaps">
<persName id="t18710109-name-6" type="judiciaryName">
<interp inst="t18710109-name-6" type="gender" value="male"/>
<interp inst="t18710109-name-6" type="surname" value="CARTER"/>
<interp inst="t18710109-name-6" type="given" value="JOHN"/>JOHN CARTER</persName> </hi>, Esq., Aldermen of the said City; The Right Hon.
<hi rend="smallCaps">
<persName id="t18710109-name-7" type="judiciaryName">
<interp inst="t18710109-name-7" type="gender" value="male"/>
<interp inst="t18710109-name-7" type="surname" value="GURNEY"/>
<interp inst="t18710109-name-7" type="given" value="RUSSELL"/>RUSSELL GURNEY</persName> </hi>, Q.C., M.P., Recorder of the said City;
<persName id="t18710109-name-8" type="judiciaryName">
<interp inst="t18710109-name-8" type="gender" value="male"/>
<interp inst="t18710109-name-8" type="surname" value="GIBBONS"/>
<interp inst="t18710109-name-8" type="given" value="SILLS JOHN"/>
<hi rend="smallCaps">SILLS JOHN GIBBONS</hi> </persName>, Esq.,
<hi rend="smallCaps">
<persName id="t18710109-name-9" type="judiciaryName">
<interp inst="t18710109-name-9" type="gender" value="male"/>
<interp inst="t18710109-name-9" type="surname" value="LUSK"/>
<interp inst="t18710109-name-9" type="given" value="ANDREW"/>ANDREW LUSK</persName> </hi>, Esq., M.P.,
<hi rend="smallCaps">
<persName id="t18710109-name-10" type="judiciaryName">
<interp inst="t18710109-name-10" type="gender" value="male"/>
<interp inst="t18710109-name-10" type="surname" value="STONE"/>
<interp inst="t18710109-name-10" type="given" value="DAVID HENRY"/>DAVID HENRY STONE</persName> </hi>, Esq., and
<hi rend="smallCaps">
<persName id="t18710109-name-11" type="judiciaryName">
<interp inst="t18710109-name-11" type="gender" value="male"/>
<interp inst="t18710109-name-11" type="surname" value="COTTON"/>
<interp inst="t18710109-name-11" type="given" value="WILLIAM JAMES RICHMOND"/>WILLIAM JAMES RICHMOND COTTON</persName> </hi>, Esq., Aldermen of the said City;
<hi rend="smallCaps">
<persName id="t18710109-name-12" type="judiciaryName">
<interp inst="t18710109-name-12" type="gender" value="male"/>
<interp inst="t18710109-name-12" type="surname" value="CHAMBERS"/>
<interp inst="t18710109-name-12" 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="t18710109-name-13" type="judiciaryName">
<interp inst="t18710109-name-13" type="gender" value="male"/>
<interp inst="t18710109-name-13" type="surname" value="KERR"/>
<interp inst="t18710109-name-13" 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>
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<interp inst="t18710109-name-14" type="gender" value="male"/>
<interp inst="t18710109-name-14" type="surname" value="OWDEN"/>
<interp inst="t18710109-name-14" type="given" value="THOMAS SCRAMBLER"/>
<hi rend="smallCaps">THOMAS SCAMBLER OWDEN</hi> </persName>, Esq., Alderman</p>
<hi rend="smallCaps">
<persName id="t18710109-name-15" type="judiciaryName">
<interp inst="t18710109-name-15" type="gender" value="male"/>
<interp inst="t18710109-name-15" type="surname" value="JONES"/>
<interp inst="t18710109-name-15" type="given" value="ROBERT"/>ROBERT JONES</persName> </hi>, Esq.</p>
<hi rend="italic">Sheriffs.</hi> </p>
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<interp inst="t18710109-name-16" type="gender" value="male"/>
<interp inst="t18710109-name-16" type="surname" value="JONES"/>
<interp inst="t18710109-name-16" type="given" value="WILLIAM HALSE GATTY"/>
<hi rend="smallCaps">WILLIAM HALSE GATTY JONES</hi> </persName>, Esq.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-17" type="judiciaryName">
<interp inst="t18710109-name-17" type="gender" value="male"/>
<interp inst="t18710109-name-17" type="surname" value="CROSLEY"/>
<interp inst="t18710109-name-17" type="given" value="ALEXANDER"/>ALEXANDER CROSLEY</persName> </hi>, Esq.</p>
<hi rend="italic">Under-Sheriffs.</hi> </p>
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<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<hi rend="largeCaps">DAKIN, MAYOR. THIRD SESSION</hi>.</p>
<hi rend="italic">A star</hi> (*)
<hi rend="italic">denotes that prisoners have been previously in custody—two stars</hi> (**)
<hi rend="italic">that they have been more than once in custody—an obelisk</hi> (†)
<hi rend="italic">that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.</hi> </p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Monday, January</hi> 9
<hi rend="italic">th</hi>, 1871.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
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<hi rend="largeCaps">DAVID DAVIS</hi> (35)</persName>, was indicted
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<join result="offenceVictim" targOrder="Y" targets="t18710109-94-offence-1 t18710109-name-19"/>Simon Ferdinand Feldman</persName>, in concealing part of his property, with intent to defraud his creditors (
<hi rend="italic">See vol. lxi., page</hi> 271).</rs> </p>
<hi rend="smallCaps">MR. METCALFE</hi>,
<hi rend="italic">for the Prosecution, offered no evidence.</hi> </p>
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<interp inst="t18710109-94-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
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<hi rend="largeCaps">STANGER TATE</hi> (37)</persName>,
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<interp inst="t18710109-95-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
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<interp inst="t18710109-95-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18710109-95-offence-1" type="offenceSubcategory" value="forgery"/> to feloniously forging and uttering two cheques for 310
<hi rend="italic">l</hi>. and 267
<hi rend="italic">l</hi>., with intent to defraud—</rs>
<hi rend="italic">
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<join result="defendantPunishment" targOrder="Y" targets="def1-95-18710109 t18710109-95-punishment-1"/>Five Years' Penal Servitude.</rs> </hi> </p> </div1>
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<hi rend="largeCaps">THOMAS JARDINE</hi> (34)</persName>
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<interp inst="t18710109-96-offence-1" type="offenceSubcategory" value="forgery"/>, to feloniously forging and uttering an order for the delivery of two shawls, with intent to defraud—</rs>
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<hi rend="italic">Nine Months' Imprisonment.</hi> </rs>
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<interp inst="t18710109-96-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18710109-96-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs> </p> </div1>
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<hi rend="largeCaps">WILLIAM COX</hi> (27)</persName>
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<interp inst="t18710109-97-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18710109-97-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, to stealing a sack, and 60 lbs. weight of peas, of
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<interp inst="t18710109-name-23" type="gender" value="male"/>
<interp inst="t18710109-name-23" type="surname" value="HARVEST"/>
<interp inst="t18710109-name-23" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18710109-97-offence-1 t18710109-name-23"/>William Harvest</persName> and another, his masters—</rs>
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<interp inst="t18710109-97-punishment-3" type="punishmentCategory" value="imprison"/>
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<join result="defendantPunishment" targOrder="Y" targets="def1-97-18710109 t18710109-97-punishment-3"/>
<hi rend="italic">Twelve Months' Imprisonment.</hi> </rs>
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<interp inst="t18710109-97-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18710109-97-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs> </p> </div1>
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<hi rend="largeCaps">WILLIAM CONEY</hi> (27)</persName>
<rs id="t18710109-98-offence-1" type="offenceDescription">
<interp inst="t18710109-98-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18710109-98-offence-1" type="offenceSubcategory" value="pocketpicking"/>, to stealing a handkerchief of
<persName id="t18710109-name-25" type="victimName">
<interp inst="t18710109-name-25" type="gender" value="male"/>
<interp inst="t18710109-name-25" type="surname" value="HOWARD"/>
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<join result="offenceVictim" targOrder="Y" targets="t18710109-98-offence-1 t18710109-name-25"/>Robert Howard</persName>, from his person, having been before convicted of felony**—</rs>
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<interp inst="t18710109-98-punishment-4" type="punishmentCategory" value="imprison"/>
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<join result="defendantPunishment" targOrder="Y" targets="def1-98-18710109 t18710109-98-punishment-4"/>
<hi rend="italic">Seven Years' Penal Servitude</hi> </rs>,
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<interp inst="t18710109-98-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18710109-98-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs> And</p> </div1>
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<hi rend="largeCaps">SAMUEL HART</hi> (26)</persName>
<rs id="t18710109-99-offence-1" type="offenceDescription">
<interp inst="t18710109-99-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18710109-99-offence-1" type="offenceSubcategory" value="embezzlement"/>, to embezzling 7
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>., of
<persName id="t18710109-name-27" type="victimName">
<interp inst="t18710109-name-27" type="gender" value="male"/>
<interp inst="t18710109-name-27" type="surname" value="BENJAMIN"/>
<interp inst="t18710109-name-27" type="given" value="BENJAMIN"/>
<join result="offenceVictim" targOrder="Y" targets="t18710109-99-offence-1 t18710109-name-27"/>Benjamin Benjamin</persName>, his mas
<lb/>ter, having been before convicted of felony**—</rs>
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<hi rend="italic">Seven Years' Penal Servitude.</hi> </rs>
<rs id="t18710109-99-verdict-1" type="verdictDescription">
<interp inst="t18710109-99-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18710109-99-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, January</hi> 9
<hi rend="italic">th</hi>, 1871.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
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<hi rend="largeCaps">WILLIAM GARDNER</hi> (46)</persName>,
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<interp inst="t18710109-100-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18710109-100-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18710109-100-offence-1" type="offenceDescription">
<interp inst="t18710109-100-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18710109-100-offence-1" type="offenceSubcategory" value="coiningOffences"/> to feloniously utter
<lb/>ing counterfeit coin, after a previous conviction for a like offence—</rs>
<hi rend="italic">
<rs id="t18710109-100-punishment-6" type="punishmentDescription">
<interp inst="t18710109-100-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18710109-100-punishment-6" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-100-18710109 t18710109-100-punishment-6"/>Five Years' Penal Servitude.</rs> </hi> And</p> </div1>
<div1 type="trialAccount" id="t18710109-101">
<interp inst="t18710109-101" type="uri" value="sessionsPapers/18710109"/>
<interp inst="t18710109-101" type="date" value="18710109"/>
<join result="criminalCharge" id="t18710109-101-charge-1" targOrder="Y" targets="def1-101-18710109 t18710109-101-offence-1 t18710109-101-verdict-1"/>
<persName id="def1-101-18710109" type="defendantName">
<interp inst="def1-101-18710109" type="gender" value="male"/>
<interp inst="def1-101-18710109" type="age" value="34"/>
<interp inst="def1-101-18710109" type="surname" value="CURRIE"/>
<interp inst="def1-101-18710109" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES CURRIE</hi> (34)</persName>
<rs id="t18710109-101-offence-1" type="offenceDescription">
<interp inst="t18710109-101-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18710109-101-offence-1" type="offenceSubcategory" value="coiningOffences"/>, to a like offence—</rs>
<rs id="t18710109-101-punishment-7" type="punishmentDescription">
<interp inst="t18710109-101-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18710109-101-punishment-7" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-101-18710109 t18710109-101-punishment-7"/>
<hi rend="italic">Five Years' Penal Servitude.</hi> </rs>
<rs id="t18710109-101-verdict-1" type="verdictDescription">
<interp inst="t18710109-101-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18710109-101-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs> </p> </div1>
<div1 type="trialAccount" id="t18710109-102">
<interp inst="t18710109-102" type="uri" value="sessionsPapers/18710109"/>
<interp inst="t18710109-102" type="date" value="18710109"/>
<join result="criminalCharge" id="t18710109-102-charge-1" targOrder="Y" targets="def1-102-18710109 t18710109-102-offence-1 t18710109-102-verdict-1"/>
<join result="criminalCharge" id="t18710109-102-charge-2" targOrder="Y" targets="def2-102-18710109 t18710109-102-offence-1 t18710109-102-verdict-2"/>
<join result="criminalCharge" id="t18710109-102-charge-3" targOrder="Y" targets="def3-102-18710109 t18710109-102-offence-1 t18710109-102-verdict-2"/>
<join result="criminalCharge" id="t18710109-102-charge-4" targOrder="Y" targets="def4-102-18710109 t18710109-102-offence-1 t18710109-102-verdict-2"/>
<join result="criminalCharge" id="t18710109-102-charge-5" targOrder="Y" targets="def5-102-18710109 t18710109-102-offence-1 t18710109-102-verdict-2"/>
<persName id="def1-102-18710109" type="defendantName">
<interp inst="def1-102-18710109" type="gender" value="male"/>
<interp inst="def1-102-18710109" type="age" value="30"/>
<interp inst="def1-102-18710109" type="surname" value="WELLER"/>
<interp inst="def1-102-18710109" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS WELLER</hi> (30)</persName>,
<persName id="def2-102-18710109" type="defendantName">
<interp inst="def2-102-18710109" type="gender" value="male"/>
<interp inst="def2-102-18710109" type="age" value="34"/>
<interp inst="def2-102-18710109" type="surname" value="HAYWARD"/>
<interp inst="def2-102-18710109" type="given" value="FRANCIS"/>
<hi rend="largeCaps">FRANCIS HAYWARD</hi> (34)</persName>,
<persName id="def3-102-18710109" type="defendantName">
<interp inst="def3-102-18710109" type="gender" value="male"/>
<interp inst="def3-102-18710109" type="age" value="33"/>
<interp inst="def3-102-18710109" type="surname" value="NORMAN"/>
<interp inst="def3-102-18710109" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN NORMAN</hi> (33)</persName>,
<persName id="def4-102-18710109" type="defendantName">
<interp inst="def4-102-18710109" type="gender" value="male"/>
<interp inst="def4-102-18710109" type="age" value="26"/>
<interp inst="def4-102-18710109" type="surname" value="ANDERSON"/>
<interp inst="def4-102-18710109" type="given" value="ROBERT"/>
<hi rend="largeCaps">ROBERT ANDERSON</hi> (26)</persName>, and
<persName id="def5-102-18710109" type="defendantName">
<interp inst="def5-102-18710109" type="gender" value="female"/>
<interp inst="def5-102-18710109" type="age" value="32"/>
<interp inst="def5-102-18710109" type="surname" value="WELLER"/>
<interp inst="def5-102-18710109" type="given" value="SARAH ANN"/>
<hi rend="largeCaps">SARAH ANN WELLER</hi> (32)</persName>
<rs id="t18710109-102-offence-1" type="offenceDescription">
<interp inst="t18710109-102-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18710109-102-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Feloniously having counterfeit coin in their possession, with intent to utter it, to which</rs> </p>
<hi rend="largeCaps">THOMAS WELLER</hi>
<hi rend="largeCaps">
<rs id="t18710109-102-verdict-1" type="verdictDescription">
<interp inst="t18710109-102-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18710109-102-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>*—
<rs id="t18710109-102-punishment-8" type="punishmentDescription">
<interp inst="t18710109-102-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18710109-102-punishment-8" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-102-18710109 t18710109-102-punishment-8"/>
<hi rend="italic">Seven Years' Penal Servitude.</hi> </rs> </p>
<xptr type="pageFacsimile" doc="187101090004"/>
<hi rend="smallCaps">MESSRS. CRAUFURD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">COLERIDGE</hi>
<hi rend="italic">conducted the Prosecution; and</hi> </p>
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">defended Anderson.</hi> </p>
<hi rend="smallCaps">
<persName id="t18710109-name-35" type="witnessName">
<interp inst="t18710109-name-35" type="gender" value="male"/>
<interp inst="t18710109-name-35" type="surname" value="BRANNAN"/>
<interp inst="t18710109-name-35" type="given" value="JAMES"/>JAMES BRANNAN</persName> </hi>. I am agent to the solicitor to the Treasury—I re
<lb/>ceived information, and on 21st December, about 6.30, went with Inspectors Bryant, Brannan, Harnett, and others, to 6, Saville Row, Marylebone—the street door was open—we proceeded to the end of the passage, and descended four or five steps to a room on the right, the door of which was opened by Hands, and we went in and found the five prisoners sitting round a table—I told Waller I had instructions from the Solicitor to the Mint to look after him as a coiner, and that I had a search-warrant, signed by Mr. Knox, which he was entitled to have read—he said "All right"—I said to Norman "
<hi rend="italic">Jerry</hi>, you are also suspected; what name do you give now?"—he said "Jeremiah Norman"—I saw Inspector Bryant find this basket (
<hi rend="italic">produced</hi>) by the washhand-stand—he handed me these ladles, and two single moulds, and one double mould for coining; also the packet containing twenty-five florins and three counterfeit crowns, unfinished—four
<hi rend="italic">gets</hi> were found, and some metal which had been mixed in a ladle, a file with white metal in its teeth, a shilling attached to a piece of copper wire, which had been dropped in solution, a ladle, some plaster of Paris, and pewter, and a galvanic battery with this screw attached—this other screw was found in Welter's trowsers-pocket—here are all the usual and necessary implements used in coining—Inspector Brannan handed me some good half-crowns and three bad half-crowns, which Norman handed to him—Harnett gave me a port
<lb/>monnaie containing a crown, which corresponded in date with the mould produced, and some other coins, and this duplicate of a silver coin pawned for 4
<hi rend="italic">s</hi>. in the name of Ann Weller, and which I afterwards got—we took all the prisoners to George Street Station—a young man came to the room—we searched him, but finding nothing sent him away—he is awaiting his trial for another offence.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>. They had done tea—there were cups and saucers—they did not eat or drink after I went in.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-36" type="witnessName">
<interp inst="t18710109-name-36" type="gender" value="male"/>
<interp inst="t18710109-name-36" type="surname" value="BRYANT"/>
<interp inst="t18710109-name-36" type="given" value="BENJAMIN"/>BENJAMIN BRYANT</persName> </hi> (
<hi rend="italic">Police-Inspector</hi>). I followed the other officers into the room, and found this basket near the door—it contained a quantity of housebreaking implements, which I did not meddle with—I saw Norman shifting about in a seat, which induced me to look under the washhand-stand, where I found these four moulds, which I put in the basket, and afterwards gave them to Brannan—there were twenty-five florins and three crowns in the basket—Anderson was sitting next to Norman, on the side of the room where these moulds were found.</p>
<hi rend="italic">Cross-examined.</hi> I could not see the moulds till I stooped down—Ander
<lb/>son was nearest to the basket—he and Norman were sitting near together—Norman was nearest to the door.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-37" type="witnessName">
<interp inst="t18710109-name-37" type="gender" value="male"/>
<interp inst="t18710109-name-37" type="surname" value="BRANNAN"/>
<interp inst="t18710109-name-37" type="given" value="JAMES"/>JAMES BRANNAN</persName> </hi> (
<hi rend="italic">Police-Inspector E</hi>). I took Norman, and took from his pocket a packet, which I afterwards found to contain three counterfeit half-crowns, separately wrapped in tissue paper, three good shillings, two good six-pences, and a good crown—he handed it to me, and said, "You will find three counterfeit half-crowns there, and that is all I know about it"—Weller said, "If you search the whole house, you will not find any more; you have got all there is"—Norman was searched at the station, and two pencil cases were found on him.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-38" type="witnessName">
<interp inst="t18710109-name-38" type="gender" value="male"/>
<interp inst="t18710109-name-38" type="surname" value="HARNETT"/>
<interp inst="t18710109-name-38" type="given" value="PETER"/>PETER HARNETT</persName> </hi> (
<hi rend="italic">Police Inspector E</hi>). I went with the other officers—I afterwards received from the female searcher this purse, containing a half-sovereign</p>
<xptr type="pageFacsimile" doc="187101090005"/>
<p>a crown, three half-crowns, two shillings, a fourpenny piece, and a duplicate for a silver coin, which I handed to Mr. Brannan—the searcher said in the female prisoner's presence that she found them upon her, and she said nothing—I said "What coin is that?"—she said "It is a five-shilling piece I pledged to-day"—I said "You are not correct; it is dated yesterday"—she said "The pawnbroker has made a mistake"—I said "It is rather singular to pledge a crown-piece"—she said "It is an old family relic, I cannot part with it"—she also said that the half-crown and crown she took off the mantelpiece for fear they should be spent, and they belonged to her husband.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-39" type="witnessName">
<interp inst="t18710109-name-39" type="gender" value="female"/>
<interp inst="t18710109-name-39" type="surname" value="USHER"/>
<interp inst="t18710109-name-39" type="given" value="SARAH"/>SARAH USHER</persName> </hi>. On 1st December the female prisoner took a room in my cottage No. 6, Saville Street—she had a little boy with her—I never saw anybody else there; but I was never in the room afterwards—she said that she took it for her husband and herself and child.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-40" type="witnessName">
<interp inst="t18710109-name-40" type="gender" value="female"/>
<interp inst="t18710109-name-40" type="surname" value="RISCORA"/>
<interp inst="t18710109-name-40" type="given" value="LOUISA"/>LOUISA RISCORA</persName> </hi>. I searched the female prisoner at the station—she gave me a puree containing a half-sovereign, a crown, two half-crowns, two shillings, a sixpence, fourpence, and this pawn-ticket, which I gave to Inspector Harnett.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-41" type="witnessName">
<interp inst="t18710109-name-41" type="gender" value="male"/>
<interp inst="t18710109-name-41" type="surname" value="ALLEN"/>
<interp inst="t18710109-name-41" type="given" value="EDWARD"/>EDWARD ALLEN</persName> </hi>. I am assistant to Mr. James, a pawnbroker, of 9, Chis
<lb/>well Street—I made out this pawn-ticket—this is the correct date—a female brought the crown-piece, and asked for 5
<hi rend="italic">s</hi>. on it—I said I could only advance 4
<hi rend="italic">s</hi>.—she said "Take care of it, as it is a family relic, and I do not wish it scratched."</p>
<hi rend="italic">S. A. Weller.</hi> I said what my husband told me. I never said about "scratched." I did not ask you 5
<hi rend="italic">s</hi>. for it, because I knew I could not get it.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-42" type="witnessName">
<interp inst="t18710109-name-42" type="gender" value="male"/>
<interp inst="t18710109-name-42" type="surname" value="FIFE"/>
<interp inst="t18710109-name-42" type="given" value="JOH"/>JOH FIFE</persName> </hi> (
<hi rend="italic">Police-Inspector</hi>). I was one of party—I found in the room this paper, which purports to be a certificate of marriage. (Mr.
<hi rend="smallCaps">CRAUFURD</hi>
<hi rend="italic">here stated that he would withdraw the case against S. A. Weller.</hi>)</p>
<hi rend="smallCaps">
<persName id="t18710109-name-43" type="witnessName">
<interp inst="t18710109-name-43" type="gender" value="male"/>
<interp inst="t18710109-name-43" type="surname" value="WEBSTER"/>
<interp inst="t18710109-name-43" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This is an imitation crown, of Geo. III., and this is another of Geo. IV., 1821, which has been made from the crown pledged—here are three counterfeit crowns from that mould—this is a double mould for florins of 1858 and 1859; and these are 25 counterfeit florins, from which I have selected two which were cast on this mould, and I daresay there are more here—this is a double mould for half-crowns of Geo. III., 1818—these are two bad half-crowns of Geo. IV., of 1822; and here is the pattern of them—here is a battery and all the necessary apparatus for coining—the crown found at the pawnbroker's does not correspond with any of these moulds, but I should say that it has been in plaster of Paris.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-44" type="witnessName">
<interp inst="t18710109-name-44" type="gender" value="male"/>
<interp inst="t18710109-name-44" type="surname" value="BRANNAN"/>
<interp inst="t18710109-name-44" type="given" value="JAMES"/>JAMES BRANNAN</persName> </hi> (
<hi rend="italic">re-examined</hi>). This pattern half-crown was found in the purse taken from S. A. Weller.</p>
<hi rend="italic">Hayward's Defence.</hi> I met this man accidentally, knowing him to be a mechanic, and he asked me to call at his house, which I did, and while we were having something to eat the police arrived. I do not see why I should be held accountable for his actions.</p>
<hi rend="italic">Norman's Defence.</hi> Nothing culpable was found on me; I was only in the room a quarter of an hour, and am in no way connected with making counterfeit coin.</p>
<hi rend="smallCaps">
<rs id="t18710109-102-verdict-1" type="verdictDescription">
<interp inst="t18710109-102-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18710109-102-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18710109-103">
<interp inst="t18710109-103" type="uri" value="sessionsPapers/18710109"/>
<interp inst="t18710109-103" type="date" value="18710109"/>
<join result="criminalCharge" id="t18710109-103-charge-1" targOrder="Y" targets="def1-103-18710109 t18710109-103-offence-1 t18710109-103-verdict-1"/>
<persName id="def1-103-18710109" type="defendantName">
<interp inst="def1-103-18710109" type="gender" value="male"/>
<interp inst="def1-103-18710109" type="age" value="33"/>
<interp inst="def1-103-18710109" type="surname" value="NORMAN"/>
<interp inst="def1-103-18710109" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN NORMAN</hi> </persName> was
<hi rend="italic">again</hi> indicted
<rs id="t18710109-103-offence-1" type="offenceDescription">
<interp inst="t18710109-103-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18710109-103-offence-1" type="offenceSubcategory" value="coiningOffences"/> for feloniously uttering counter
<lb/>feit coin, after a previous conviction of a like offence, to which he</rs> </p>
<hi rend="smallCaps">
<rs id="t18710109-103-verdict-1" type="verdictDescription">
<interp inst="t18710109-103-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18710109-103-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>**—
<hi rend="italic">
<rs id="t18710109-103-punishment-9" type="punishmentDescription">
<interp inst="t18710109-103-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18710109-103-punishment-9" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-103-18710109 t18710109-103-punishment-9"/>Seven Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18710109-104">
<interp inst="t18710109-104" type="uri" value="sessionsPapers/18710109"/>
<interp inst="t18710109-104" type="date" value="18710109"/>
<join result="criminalCharge" id="t18710109-104-charge-1" targOrder="Y" targets="def1-104-18710109 t18710109-104-offence-1 t18710109-104-verdict-1"/>
<join result="criminalCharge" id="t18710109-104-charge-2" targOrder="Y" targets="def2-104-18710109 t18710109-104-offence-1 t18710109-104-verdict-2"/>
<xptr type="pageFacsimile" doc="187101090006"/>
<persName id="def1-104-18710109" type="defendantName">
<interp inst="def1-104-18710109" type="gender" value="female"/>
<interp inst="def1-104-18710109" type="age" value="20"/>
<interp inst="def1-104-18710109" type="surname" value="STEELE"/>
<interp inst="def1-104-18710109" type="given" value="ANNIE"/>
<hi rend="largeCaps">ANNIE STEELE</hi> (20)</persName>, and
<persName id="def2-104-18710109" type="defendantName">
<interp inst="def2-104-18710109" type="gender" value="male"/>
<interp inst="def2-104-18710109" type="age" value="20"/>
<interp inst="def2-104-18710109" type="surname" value="STEAMSON"/>
<interp inst="def2-104-18710109" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN STEAMSON</hi> (20)</persName>
<rs id="t18710109-104-offence-1" type="offenceDescription">
<interp inst="t18710109-104-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18710109-104-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully having counterfeit coin in their possession, with intent to utter it, to which</rs> </p>
<hi rend="largeCaps">STEELE</hi>
<hi rend="smallCaps">
<rs id="t18710109-104-verdict-1" type="verdictDescription">
<interp inst="t18710109-104-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18710109-104-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18710109-104-punishment-10" type="punishmentDescription">
<interp inst="t18710109-104-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18710109-104-punishment-10" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-104-18710109 t18710109-104-punishment-10"/>Nine Months' Imprisonment.</rs> </hi> </p>
<hi rend="smallCaps">
<persName id="t18710109-name-48" type="witnessName">
<interp inst="t18710109-name-48" type="gender" value="male"/>
<interp inst="t18710109-name-48" type="surname" value="PRICE"/>
<interp inst="t18710109-name-48" type="given" value="THOMAS"/>THOMAS PRICE</persName> </hi>. I am a draper, of 164, Vauxhall Bridge Road, Pimlico—on 8th December Steele came in for a pocket-handkerchief, which came to 3
<hi rend="italic">d</hi>.—she offered me a half-crown, which I found was bad—she said she got it by selling coals in the street; but afterwards that she was an un
<lb/>fortunate girl, and took it from a gentleman—I gave her in charge, with the coin.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-49" type="witnessName">
<interp inst="t18710109-name-49" type="gender" value="male"/>
<interp inst="t18710109-name-49" type="surname" value="MORGAN"/>
<interp inst="t18710109-name-49" type="given" value="MORGAN"/>MORGAN MORGAN</persName> </hi> (
<hi rend="italic">Detective Officer B</hi>). I took the prisoner to the station; but the charge was not pressed, and I let her go—I received this coin (
<hi rend="italic">pro
<lb/>duced</hi>)—I followed her, with another officer, and saw her speaking to Steamson—we were in plain clothes—we passed on, as they appeared to be watching—Steamson walked on 150 yards, and Upson took him—he threw himself down on a doorstep—we got him up, and Upson found this parcel on the step, containing seven half-crowns and two florins—this bad shilling was found in his waistcoat pocket, wrapped in tissue paper.</p>
<hi rend="italic">Cross-examined.</hi> Steele was not searched the first time she was taken—no female searcher was there—she said before the Magistrate "It was I threw the parcel of bad money down, as I was passing by; I saw them laying hold of the young man, and I did not wish him to get into trouble, and I threw it down"—she did not say that if she had been searched at the station it would have been found upon her—Steamson took it from his right coat pocket—he was looking in at a picture-shop window; but the moment he saw we were going to lay hold of him he threw himself down—the shilling in his pocket was wrapped in the same kind of paper as the other coin was wrapped in; unprinted paper—he said that he had had the bad shilling a long time.</p>
<hi rend="smallCaps">MR. CRAUFURD</hi>.
<hi rend="italic">Q.</hi> Did Steele pass the doorstep?
<hi rend="italic">A.</hi> Yes, she was fifty yards in front of Steamson—I did not watch her as she went along, but I watched him—we could see that there was nothing on the doorstep.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-50" type="witnessName">
<interp inst="t18710109-name-50" type="gender" value="male"/>
<interp inst="t18710109-name-50" type="surname" value="UPSON"/>
<interp inst="t18710109-name-50" type="given" value="GEORGE"/>GEORGE UPSON</persName> </hi> (
<hi rend="italic">Detective Officer B</hi>). I was at the station when Steele was brought in, and accompanied Morgan to watch her—we followed her to Grosvenor Gardens, where she joined Steamson, who was standing at a shop-door; they had half-a-dozen words, and Steele went down Ranelagh Street, while Steamson stood at the corner—I went through Victoria Square, and Morgan followed them—I came round and met Morgan, and saw Steele turn to the left, in Arabella Row—Steamson looked in a picture-shop window—I caught hold of him—he had his right hand in his coat pocket—I caught him by the collar; he resisted—Morgan came and caught hold of him—he threw himself on to a doorstep, and fell on his hand, like this, and I then saw this piece of rag there, containing seven bad half-crowns and two bad florins, in tissue paper—I found a bad hilling in his waistcoat pocket.</p>
<hi rend="italic">Cross-examined.</hi> The paper in which the shillings were wrapped got crumpled up and destroyed—it was torn before the Magistrate—there was a coin in each fold—I did not hear Steele say before the Magistrate, that if he had searched her when he first took her he should have found these coins upon her—I was there all the time—what she said was, that she threw the counterfeit coin there, and knew nothing of the young man, and would take it all upon herself—I saw her pass by this step, but she did not go within three yards of it, and did not place the coins there—I saw Steam
<xptr type="pageFacsimile" doc="187101090007"/>
<p>take the rag from his right hand coat pocket, and saw the rag go round—Steele did not say before the Magistrate, "If they had searched me when they took me the first time they would have found the money in my bosom," and I did not hear her say so at the station; but she was in Morgan's custody, not mine.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-51" type="witnessName">
<interp inst="t18710109-name-51" type="gender" value="male"/>
<interp inst="t18710109-name-51" type="surname" value="WEBSTER"/>
<interp inst="t18710109-name-51" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This half-crown uttered is had—here are seven bad half-crowns, one from the same mould as that uttered. Two of William IV., from one mould, and throe of the Queen from one mould—these florins and this shilling are bad.</p>
<hi rend="italic">The Prisoners' statements before the Magistrate. Steamson says</hi>: "Last time he said I was going to turn to the right, now he says I was looking into a picture shop."
<hi rend="italic">Steele says</hi>: "I did not speak to the prisoner; it was a tall man I spoke to. I do not know the young man, he is a stranger to me."</p>
<hi rend="italic">Witness for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18710109-name-52" type="witnessName">
<interp inst="t18710109-name-52" type="gender" value="male"/>
<interp inst="t18710109-name-52" type="surname" value="STEAMSON"/>
<interp inst="t18710109-name-52" type="given" value="WILLIAM"/>WILLIAM STEAMSON</persName> </hi>. I am a brush hawker, of 13, Pitt Street, Old Kent Road—the prisoner is my son—he does not live with me, he lives with his mother—about two months ago I saw him receive four shillings from a gentleman in Peckham, for some shoe and clothes brushes, and among them there was a bad shilling—I cannot distinctly swear that this is it, but it is, to the best of my belief—it is one of the old-fashioned shillings—he put it in his waistcoat pocket, wrapped it up in a bit of paper, as I told him to keep it separate from all other money, in case he might give it away for a good one—I have been in his company since that, day after day, and to my knowledge, he has never been able to see the gentleman since—as far as I know, on the day he was taken in custody, the shilling remained in his pocket—he bears a good character, and is very kind to me and his mother—he has never been in trouble—he is my whole support, and I do hot know what I shall do.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> I thought you went about selling brushes?
<hi rend="italic">A.</hi> Yes; but I am frequently laid up.</p>
<hi rend="italic">Cross-examined. Q.</hi> You seem to have some knowledge of counterfeit coin; how came you to pick this shilling out of four?
<hi rend="italic">A.</hi> We went and had a pint of beer, he put the money on the table, as it was for me, and I picked it out—I had' never seen the gentleman before—I think this is the shilling—I do not know that a counterfeit shilling will not keep more than two or three weeks without being discoloured—my son lives with his mother, but she does not live with me; we had a few words and parted—Steele does not live with my son, she is a perfect stranger to him—I never saw her before—I do not think I have missed seeing my son for a day since he took the shilling—we always worked together.</p>
<hi rend="largeCaps">STEAMSON</hi>
<hi rend="smallCaps">
<rs id="t18710109-104-verdict-2" type="verdictDescription">
<interp inst="t18710109-104-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18710109-104-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18710109-104-punishment-11" type="punishmentDescription">
<interp inst="t18710109-104-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18710109-104-punishment-11" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-104-18710109 t18710109-104-punishment-11"/>Nine Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18710109-105">
<interp inst="t18710109-105" type="uri" value="sessionsPapers/18710109"/>
<interp inst="t18710109-105" type="date" value="18710109"/>
<join result="criminalCharge" id="t18710109-105-charge-1" targOrder="Y" targets="def1-105-18710109 t18710109-105-offence-1 t18710109-105-verdict-1"/>
<persName id="def1-105-18710109" type="defendantName">
<interp inst="def1-105-18710109" type="gender" value="male"/>
<interp inst="def1-105-18710109" type="age" value="33"/>
<interp inst="def1-105-18710109" type="surname" value="PAGE"/>
<interp inst="def1-105-18710109" type="given" value="FRANCIS"/>
<hi rend="largeCaps">FRANCIS PAGE</hi> (33)</persName>
<rs id="t18710109-105-offence-1" type="offenceDescription">
<interp inst="t18710109-105-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18710109-105-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Feloniously uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MR. CRAUFURD</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">the Defence</hi>.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-54" type="witnessName">
<interp inst="t18710109-name-54" type="gender" value="female"/>
<interp inst="t18710109-name-54" type="surname" value="RYAN"/>
<interp inst="t18710109-name-54" type="given" value="ELIZABETH"/>ELIZABETH RYAN</persName> </hi>. I am barmaid at the "Duke of York," Somers Town—on 22nd December the prisoner and another man came in—I knew the prisoner from having served him three or four weeks before, but I forget what took place then—the prisoner asked for a half-quartern of gin hot, which come to 2 1/2
<hi rend="italic">d</hi>.—he gave me a florin, and I gave him the change—I put it into the till—there was no other florin there—the barman, Hether
<lb/>ington, then came from his tea, and told me to go to tea—I went away, leaving the prisoner there—Hetherington came into the kitchen to me, and</p>
<xptr type="pageFacsimile" doc="187101090008"/>
<p>showed me a bad florin, which he had broken—on 26th December, the prisoner came again alone, and as soon as he entered I sent for the barman—the prisoner asked for two-pennyworth of spruce hot, and gave me a shilling—I bit it, bent it, and gave it to the barman, who came in at the time, and said, loud enough for the prisoner to hear, "This is the same man who gave you the bad florin"—the prisoner said "I should not be guilty of so paltry an act."</p>
<hi rend="italic">Cross-examined.</hi> I should know the other man if I saw him—he was tall, and a little darker than the prisoner—when I sent for the barman on the last occasion I had not received the shilling.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-55" type="witnessName">
<interp inst="t18710109-name-55" type="gender" value="male"/>
<interp inst="t18710109-name-55" type="surname" value="HETHERINOTON"/>
<interp inst="t18710109-name-55" type="given" value="WILLIAM AUGUSTUS"/>WILLIAM AUGUSTUS HETHERINOTON</persName> </hi>. I am head barman and cellarman at the "Duke of York"—on 22nd December, between 6 and 7 o'clock, I went into the bar, and sent the last witness away—the prisoner and another man were at the counter—I had seen the prisoner about three times before, and had served him—ho did not finish his grog, but left the place very quickly—I opened the till, and found there a florin, three shillings, and four sixpences—I took out the florin, broke it, and showed it to Elizabeth Ryan—on 26th December, about 5 o'clock, I was sent for into the bar, and saw the prisoner at the counter—Elizabeth Ryan said "This is the man who gave me the 2
<hi rend="italic">s</hi>. on Thursday"—I said "What has he given you to-day?"—she said "A shilling, and it is bad"—I said to the prisoner "This is the second or third time you have tried this on; you were here last Thursday"—he said he had not been in the house for a fortnight—I gave him in custody with both coins.</p>
<hi rend="italic">Cross-examined.</hi> A tall man was with him on the Thursday—I had seen the prisoner three times, I should say, before the 22nd, at the same place—I knew him, and had spoken to him, and have not the slightest doubt he was there on the 22nd.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-56" type="witnessName">
<interp inst="t18710109-name-56" type="gender" value="male"/>
<interp inst="t18710109-name-56" type="surname" value="VICKERY"/>
<interp inst="t18710109-name-56" type="given" value="WILLIAM"/>WILLIAM VICKERY</persName> </hi> (
<hi rend="italic">Policeman Y</hi> 238). I took the prisoner, and told him the charge—he said "Very well, I shall be able to prove I was not there on the Thursday"—three good florins and two good shillings were found on him—he gave a correct address.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-57" type="witnessName">
<interp inst="t18710109-name-57" type="gender" value="male"/>
<interp inst="t18710109-name-57" type="surname" value="WEBSTER"/>
<interp inst="t18710109-name-57" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This shilling and florin are bad.</p>
<hi rend="smallCaps">
<rs id="t18710109-105-verdict-1" type="verdictDescription">
<interp inst="t18710109-105-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18710109-105-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">He was further charged with having been before convicted of uttering, at Chelmsford, to which he</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi>.—
<hi rend="italic">
<rs id="t18710109-105-punishment-12" type="punishmentDescription">
<interp inst="t18710109-105-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18710109-105-punishment-12" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-105-18710109 t18710109-105-punishment-12"/>Five Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18710109-106">
<interp inst="t18710109-106" type="uri" value="sessionsPapers/18710109"/>
<interp inst="t18710109-106" type="date" value="18710109"/>
<join result="criminalCharge" id="t18710109-106-charge-1" targOrder="Y" targets="def1-106-18710109 t18710109-106-offence-1 t18710109-106-verdict-1"/>
<persName id="def1-106-18710109" type="defendantName">
<interp inst="def1-106-18710109" type="gender" value="male"/>
<interp inst="def1-106-18710109" type="age" value="74"/>
<interp inst="def1-106-18710109" type="surname" value="BARRY"/>
<interp inst="def1-106-18710109" type="given" value="STEPHEN"/>
<hi rend="largeCaps">STEPHEN BARRY</hi> (74)</persName>, was indicted
<rs id="t18710109-106-offence-1" type="offenceDescription">
<interp inst="t18710109-106-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18710109-106-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<hi rend="smallCaps">MESSRS. CRAUFURD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MEAD</hi>
<hi rend="italic">conducted the Protection.</hi> </p>
<hi rend="smallCaps">
<persName id="t18710109-name-59" type="witnessName">
<interp inst="t18710109-name-59" type="gender" value="female"/>
<interp inst="t18710109-name-59" type="surname" value="BEST"/>
<interp inst="t18710109-name-59" type="given" value="MARY"/>MARY BEST</persName> </hi>. I am barmaid at the "Devonshire Arms," Kensington—on Sunday, 18th December, the prisoner came in with a half dozen other men—he called for a half-quartern of rum, and gave me a shilling, which I put in the till, and gave him 9
<hi rend="italic">d</hi>. change—he then asked for another half-quartern, and gave me a bad shilling—I told him it was bad, and he ran away—I was alone in the bar; I opened the till, and found the first shilling he gave me on top of the other coin—there were all kinds of coin there—I found it was bad—it was what I call a lion shilling; I observed that it had three small lions on one side before I put it in the till—I saw the prisoner the same night at the station—he is the man I saw at the house—I gave the two shillings to the policeman.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-60" type="witnessName">
<interp inst="t18710109-name-60" type="gender" value="male"/>
<interp inst="t18710109-name-60" type="surname" value="HUGHES"/>
<interp inst="t18710109-name-60" type="given" value="ALFRED"/>ALFRED HUGHES</persName> </hi> (
<hi rend="italic">Policeman T</hi> 370). On 18th December, I saw the prisoner in Silver Street, Kensington, and followed him to High Street,</p>
<xptr type="pageFacsimile" doc="187101090009"/>
<p>Netting Hill, to a public-house—I stood at the door till he came out, and took him in custody—I told him I took him for passing a bad shilling at the "Devonshire Arms," Kensington—he said "I have not had a shilling about me, neither have I been in that public-house"—I took him to the station—he said that the shilling was given him in St. James's Park that afternoon by a gentleman—I fetched Mary Best, who knew him, and charged him—he admitted that he had been to the house, and changed one but not two—at Hammersmith, on the Monday, he said that the shilling was given to him seven weeks previously, in St. James's Park—I found on him 9
<hi rend="italic">d</hi>. in coppers.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-61" type="witnessName">
<interp inst="t18710109-name-61" type="gender" value="male"/>
<interp inst="t18710109-name-61" type="surname" value="WEBSTER"/>
<interp inst="t18710109-name-61" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These two shillings are bad.</p>
<hi rend="italic">Prisoner's Defence.</hi> Is it likely that I should stand at the bar, and pass two bad shillings one after the other? no man of sense would do that I paid 1
<hi rend="italic">d</hi>. for the rum, but did not know it was bad.</p>
<hi rend="smallCaps">
<rs id="t18710109-106-verdict-1" type="verdictDescription">
<interp inst="t18710109-106-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18710109-106-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">He was further charged with a former conviction at this Court, in April</hi>, 1862,
<hi rend="italic">of uttering, when he was sentenced to six years' penal servitude, having then been before convicted; to this he</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>.**—
<hi rend="italic">
<rs id="t18710109-106-punishment-13" type="punishmentDescription">
<interp inst="t18710109-106-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18710109-106-punishment-13" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-106-18710109 t18710109-106-punishment-13"/>Ten Years' Penal Servitude.</rs> </hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, January</hi> 10
<hi rend="italic">th</hi>, 1871.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18710109-107">
<interp inst="t18710109-107" type="uri" value="sessionsPapers/18710109"/>
<interp inst="t18710109-107" type="date" value="18710109"/>
<join result="criminalCharge" id="t18710109-107-charge-1" targOrder="Y" targets="def1-107-18710109 t18710109-107-offence-1 t18710109-107-verdict-1"/>
<persName id="def1-107-18710109" type="defendantName">
<interp inst="def1-107-18710109" type="gender" value="male"/>
<interp inst="def1-107-18710109" type="age" value="28"/>
<interp inst="def1-107-18710109" type="surname" value="LAMB"/>
<interp inst="def1-107-18710109" type="given" value="ARTHUR HENRY WOODHAM"/>
<hi rend="largeCaps">ARTHUR HENRY WOODHAM LAMB</hi> (28)</persName>
<rs id="t18710109-107-offence-1" type="offenceDescription">
<interp inst="t18710109-107-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18710109-107-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, Stealing five volumes of "Fisher's Common Law Digest," and other books, of the
<persName id="t18710109-name-63" type="victimName">
<interp inst="t18710109-name-63" type="gender" value="male"/>
<interp inst="t18710109-name-63" type="surname" value="WALPOLE"/>
<interp inst="t18710109-name-63" type="given" value="SPENCER HORATIO"/>
<join result="offenceVictim" targOrder="Y" targets="t18710109-107-offence-1 t18710109-name-63"/>Right Hon. Spencer Horatio Walpole</persName> and others.
<hi rend="italic">Other Counts</hi>—for receiving the same, knowing them to have been stolen.</rs> </p>
<hi rend="smallCaps">MESSRS. GARTH</hi>, Q.C.,
<hi rend="italic">and</hi> A. L.
<hi rend="smallCaps">SMITH</hi>,
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MESSRS</hi>. H. S.
<hi rend="smallCaps">GIFFARD</hi>, Q.C.,
<hi rend="italic">and</hi>
<hi rend="smallCaps">BESLEY</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18710109-name-64" type="witnessName">
<interp inst="t18710109-name-64" type="gender" value="male"/>
<interp inst="t18710109-name-64" type="surname" value="NICHOLSON"/>
<interp inst="t18710109-name-64" type="given" value="JOHN"/>JOHN NICHOLSON</persName> </hi>. I am sub-librarian of Lincoln's Inn, and as such, in conjunction with Mr. Spilsbury, the head librarian, I have the custody of the books—the members of Lincoln's Inn have access to the library; that is the rule of the Inn—others, who are not members of the Inn, but have chambers in the Inn, are also allowed to have access to the library, by benchers' orders—as a matter of courtesy a man, though not a student of Lincoln's Inn, if he has chambers near the library, has been allowed to come in and look at the books—Mr. Lamb is not a member of Lincoln's Inn, but of the Inner Temple—he has chambers at 25, Old Square, Lincoln's Inn—I believe I have on two occasions seen him in the library, as far as I can remember, but I am not always there—I am sometimes out on necessary business connected with the Inn; but the principal librarian is always there—at the end of July, last year, about the 29th, some books were missing from the library—they were five volumes of "Fisher's Digest," last edition, 1870; two volumes of "Shelford on Railways," 4th edition, 1869; "Addison on Torts," 3rd edition, 1870, a single volume; "Oke's Magis
<lb/>terial Synopsis," 2 volumes, 10th edition, 1868; "Roscoe's Nisi Prius Evidence," 12th edition, 1870; "Chitty's Precedents and Pleadings," 3rd edition, 1868; and there were two other books, that had been missing for some weeks before that we have not accounted for—"Starkey on Libel," 3rd edition, 1869; and "Daniel's Chancery Practice," 4th edition, 1 volume—"Starkey" and "Daniel" had been missed for some week or so, and on the morning of the 29th I missed the others—most of them must have been in actual use the preceding day, became they were books that could not be</p>
<xptr type="pageFacsimile" doc="187101090010"/>
<p>missed for an hour without my knowing it; they would have been missed from the shelves—I made inquiries as to whether these books had been taken out under benchers' orders, and they had not—I immediately put myself in communication with booksellers and with one pawnbroker—among others I communicated with Reeves and Turner, of Chancery Lane, and from information I received from them, on 5th August, I took Sergeant Kerley with me, and went to Mr. Turner's, at the back of the Mansion House, and there I discovered the five volumes of "Fisher's Digest" and two volumes of "Shelford on Railways"—these (
<hi rend="italic">produced</hi>) are the books—they were produced to me by Mr. Turner—I can clearly identify them as the property of the Inn, and our own copies—they are in the same con
<lb/>dition as when I last saw them in the library, with the exception that they have had new fly-leaves put in, evidently by skilled labour, by a binder—I mean the brown paper—I can identify "Fisher's Digest" by tracing the arms of the Inn under the new fly-leaves—I can trace the arms underneath the new lining—the lining was taken up from the cover by Mr. Turner—I was not present when it was done, I saw it afterwards—this is the book—the arms are obliterated; but I trace a private mark there, which is made to indicate that the book is catalogued—that private mark is made in the first volume of each series—the two volumes of "Shelford" have been re
<lb/>lined in the same way—I can trace the arms of the Inn there as clearly as in the others—I had previous to this made inquiries of Mr. Smith, a bookseller in Chancery Lane, and on the 10th August he sent for me, and made a communication to me with reference to "Gamble and Barlow"—whilst I was talking to him he pointed out to me the prisoner passing down the lane—I followed him, and came up with him just by the Inner Temple Gardens—I told him I wished to speak to him; I did not tell him about what, because there was another gentleman with him at the moment—I told him I had received information that he had offered "Gamble and Barlow's Irish Digest" for sale on the preceding day—he said he had—I told him such a book was missing from the library, and I requested him to show me the copy he had offered for sale—I went with him to his chambers—he did not object to show it to me—he took me to his chambers and delivered me this copy of "Gamble and Barlow;" these (
<hi rend="italic">produced</hi>) are the books—there has been an erasure in the binding, on the cover—there had been heavily written in ink "Lincoln's Inn Library"—at the date of the publica
<lb/>tion of "Gamble and Barlow" the die was not in use—I used to write that in the books, and what remains here is in my handwriting—I identify this "Gamble and Barlow" as the property of the Inn—I told the prisoner when he produced it that I wished to take possession of it, and he allowed me to take it—I asked him where he had got it from—he said that he had bought it of a solicitor about relinquishing practice, whose name and address he could not give me—I took, the books away with me—these new editions are never sold by Lincoln's Inn—I did not say anything to Mr. Lamb about "Fisher" or "Shelford" at that time—I did afterwards, because I had frequent occasion to see him after that—I don't know that I said anything about it until I had received information from Mr. Turner—I then saw Mr. Lamb and told him that a gentleman answering his description had sold these books to Mr. Turner—he denied that he was the person—he told me he had never had any transaction with these particular books, "Fisher" and "Shelford."</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GIFFARD</hi>. The hours at which members of the</p>
<xptr type="pageFacsimile" doc="187101090011"/>
<p>Inn are permitted to go to the library are from 9.30 to 4.3.0 usually, but at that time it was only from 11 to 3 o'clock, because it was vacation-time—during that time the principal librarian, or myself, is always there—there is only one door to the library—when books are taken out by a bencher's order the principal librarian or myself give them out—there is no one else there to do so, and in exchange for the books we receive a written order—I was on duty on the 28th—the greater part of the books must have been taken on the 28th—I did not actually miss them till the morning of the 29th—I detected the vacancies immediately on going into the library—they were books so constantly in use that they would be missed directly—benchers borrow very largely sometimes; they send their clerks for books—it is not a remarkable thing for books to be going out under those circumstances—we should have to deliver the books; nothing can go out except through us—if I had seen anyone going out with as many as these seven volumes I should, of course, have made inquiry about it—the door opens in the middle, and the library extends right and left—I did not know Mr. Lamb; I think I knew him by personal appearance about the Inn, but I did not know his name—I don't know how long he had been in chambers at 25, Old Square, but only for a short period—members of the bar, though not belonging to the Inn, are very much in the habit of coming into our library—many members are very persistent that way—it is only tacitly allowed—when I saw Mr. Lamb in the Temple a gentleman was with him—he went away when I asked to speak to Mr. Lamb privately—he heard no part of the conversation—Mr. Lamb at once said that he had offered these books, and that he had got possession of them—he seemed very much alarmed and distressed at my inquiry—as a matter of necessity he at once agreed to show me the books—he did not offer to show them until I requested that he should do so; he offered at once, and took me to his chambers to show them to me—the offer was not from him to me to take them away, I requested to have them—I can't give you the exact words—I was resolved, if possible, to have possession of them—I requested that I might have the books to take to the library; I may have said "Have you any objection to my taking these books"—he said he had no objection at all—he permitted me to take them away—he said something about not being able to give me the name and address of the solicitor from whom he had obtained them; I cannot give you the exact words—he did not say "I cannot
<hi rend="italic">now</hi> give you the address"—he said he could not; he was unable to give the name and address, he did not know them—I am quite sure it was not that he did not then know them—I cannot reproduce the actual words—he distinctly said he did not know the name and address, and he adhered to that statement—he held out no hope of being able to do so—at the time the conversation passed about the name and address of the solicitor we had not left his chambers; I think it was before we went to his chambers, when he first gave me the account—that conversation took place before I went to his chambers, before I saw the books—after I had been to his chambers he did not come down and go with me; I am quite sure of that; I left him there—it is not the fact that we left the chambers together, and that the conversation about the name and address of the solicitor took place then; I am quite clear about that—I certainly left him in his chambers—I did not see him more than once in his chambers—he has called to see me at the Inn in connexion with this matter—I am quite sure that the conversation about the books, and how he accounted for their</p>
<xptr type="pageFacsimile" doc="187101090012"/>
<p>possession took place before we got to his chamber; as we were proceeding there—I had reason at that time to suppose they were our books; a copy of a book was missing, and was being offered for sale; it is a very scarce book; there are very few copies in England—the conversation may have been continued at his chambers—I saw Mr. Lamb on two or three occasions between then and the time of his letter to the treasurer during August—at no time did he mention to me the name of Mr. Langbourne as the person from whom he had obtained the books—the first time I heard the name of Langbourne, in connexion with this transaction, was when the treasurer handed me Mr. Lamb's statement to read—he did not mention to me that the person from whom he received them professed to be a person living at Saltash.</p>
<hi rend="italic">Re-examined.</hi> A great many gentlemen come into the library of a day, to read and to consult the books—they sometimes bring blue and red bags, and black leather bags; ordinary brief bags; and papers are brought in them—the library is about 80 ft. long, and there are a number of recesses running in about 12 ft.—I do not sit in a recess, but a little forward, at the left hand side of the west end—Mr. Spilsbury sits on the right hand side of the eastern end—I am engaged in delivering books out, and putting them back, and attending to the general requirements of the members, and I have Parliamentary papers to arrange, and accounts to keep—I am frequently writing at my table, not for any length of time together, because disturbance is so constant—there would be no practical difficulty in a person conveying away books, one or two at a time in a bag, whilst I was engaged at my table, it would create no suspicion—I have seen Mr. Lamb in the library before the time the books were missed—I have only seen him on two occasions, I think, in the library—I did not know whether he had an order, or who he was; I know now that he had no order—when I saw him I think he was allowed to pass unques
<lb/>tioned—I am not sure whether I said anything to him—after he had parted from his friend at the Temple Gardens, I walked with him to his chambers, up Middle Temple Lane and Chancery Lane—the conversation about the solicitor from whom he had the books occurred in passing up Middle Temple Lane, I think, and Chancery Lane—what led to the conversation, was being requested to account for the possession of these books—I told him we had missed such books—he said it was a very unpleasant business, a very serious business; that he had purchased them of a solicitor whom he could not get at now, a gentleman about to retire from practice, and he did not know his name and address.</p>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> Did the prisoner, at any time before the date of his letter to Mr. Walpole, show you or read to you those two letters (
<hi rend="italic">produced</hi>)?
<hi rend="italic">A.</hi> No.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Are the "Shelford" and the "Digest" near the same part of the library?
<hi rend="italic">A.</hi> In adjoining cases, quite close; at a distance from the door; immediately opposite where Mr. Spilsbury sits.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-65" type="witnessName">
<interp inst="t18710109-name-65" type="gender" value="male"/>
<interp inst="t18710109-name-65" type="surname" value="SPILSBURY"/>
<interp inst="t18710109-name-65" type="given" value="WILLIAM HOLDEN"/>WILLIAM HOLDEN SPILSBURY</persName> </hi>. I am the principal librarian of Lincoln's Inn—the library is about 80 feet long—I am in the habit of making a tick in the corner of the first volume of each work—I see it here in the first volume of "Fisher's Digest;" it is a pencil tick—that was made by me—that enables me to say the book is the property of Lincoln's Inn—I am very short-sighted—I sit in the library on the right hand, turning from the door, in a recess at the further end of the library, opposite the recess in which</p>
<xptr type="pageFacsimile" doc="187101090013"/>
<p>"Fisher's Digest" would be; that is the furthest recess from where Mr. Nicholson sits—"Gamble and Barlow's Equity Index" would be in the game recess, and "Shelford on Railways" also.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GIFFARD</hi>. This is the tick I refer to (
<hi rend="italic">pointing it out</hi>)—it is more distinguishable in "Shelford"—it is only in the first volume—it is just perceptible here; the page has been pasted over, and that has defaced it, but I can trace it very plainly; it if a curved line, like this (
<hi rend="italic">making one</hi>).</p>
<hi rend="smallCaps">
<persName id="t18710109-name-66" type="witnessName">
<interp inst="t18710109-name-66" type="gender" value="male"/>
<interp inst="t18710109-name-66" type="surname" value="TURNER"/>
<interp inst="t18710109-name-66" type="given" value="EDWARD JAMES"/>EDWARD JAMES TURNER</persName> </hi>. I am a bookseller, at 4, Charlotte Row, Mansion House—I remember a person coming to my shop previous to the 4th August; the prisoner is that person—I think it was on the 2nd that he first called—he said that he had a copy of "Fisher's Digest" and "Shelford on Railways" for sale, and asked if I would be inclined to buy them—I said if he would call again next day I would give him an answer whether we would buy them, and if so, what price we would give—his first visit was a short one—he called again next day, with another gentleman—I then told him that we would give 6
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. for the two books—he asked if we could not give more than that; I said "No; that would be the utmost they would be worth to us"—I am not quite sure whether it was on that occasion or the next day that he said where he had got them—he called again the next day, the 4th August; there was no one with him on that occasion—he brought the books in a blue bag, such as a lawyer's clerk generally carries—they were "Fisher's Digest" and "Shelford on Railways," which have been produced here to-day—I looked at them—I asked him how he had become possessed of the books, and why he wanted to sell them—he said he had taken them from a solicitor who owed him money, and from whom he could not get satisfaction in any other way—I told him I should require a receipt from him, with his name and address on it—he said, as I could not give more, he would take the 6
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., the sum I had named the day before—I paid him, and took the books, and he gave me this receipt (
<hi rend="italic">produced</hi>)—he wrote it there and then—I don't think he told me his name before he wrote it on the receipt—on the following day, I saw Mr. Nicholson, and produced the books to him—my brother made an experiment on the lining in my presence—I afterwards received this letter from Mr. Lamb—the prisoner afterwards called on me, and said he had called in reference to that letter—(
<hi rend="italic">Read</hi>: "18th August, 1870. Sir. Will you oblige me with the following information? What days of the month and week, and at what time on the day in question, did you purchase the books which have been lost from the library of Lincoln's Inn? I should feel obliged by an answer to these queries by return of post. Yours, Arthur Lamb."—I sent an answer to that letter, stating that I did not know what authority he had for making those inquiries, and should like to know his authority before telling him the particulars he wanted to know—I afterwards received this letter, either the some day or the day after it is dated—I had in the meantime communicated with Mr. Nicholson—Mr. Lamb afterwards called, and said that, as I would not write him the information, he had come down in person to receive it.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-67" type="witnessName">
<interp inst="t18710109-name-67" type="gender" value="male"/>
<interp inst="t18710109-name-67" type="surname" value="TARN"/>
<interp inst="t18710109-name-67" type="given" value="CHARLES FREDERICK"/>CHARLES FREDERICK TARN</persName> </hi>. I am managing clerk to Mr. Shee, a solicitor, of 36, King William Street—I was instructed to enforce a judgment against Mr. Lamb—I communicated with him by letter on several occasions—I can only speak to his handwriting on his having ad
<lb/>mitted three of those letters to be his—I am able to form an opinion of his</p>
<xptr type="pageFacsimile" doc="187101090014"/>
<p>handwriting—I believe this letter to be in his writing—(
<hi rend="italic">Letter read, from the prisoner to Mr. Turner</hi>: "22nd August, 1870. Sir,—From some mis
<lb/>adventure, I only received your letter this morning. I am very much engaged to-day, so enclose Mr. Nicholson's note on the back of yours, so that if I am unable to call on you in the course of to-day, you will send me the desired information by this evening's post")—I also believe this letter, addressed to Mr. Walpole, to be the prisoner's writing—(
<hi rend="italic">Read</hi>: "25," Old Square, Lincoln's Inn, August 30th, 1870. Sir,—I have been informed that some books have been stolen from the library of Lincoln's Inn, and I fear there is little doubt that I have been induced to become the purchaser of some of them. I have been asked to explain the circumstances under which these books came into my possession. Some months ago a gentle
<lb/>manly-looking man called upon me and, handing me a card having upon it the name of 'Langbourne,' said that he was a solicitor giving up practice and shortly going to India. He informed me that he wished to sell his library, and among other barristers' names he mentioned that of Mr. Dixon, a gentleman with whom I am acquainted, saying that Mr. Dixon had bought some of his books, and had recommended him to call upon me. From time to time I bought books of this person, and now, nearly a month since, he called upon me again, and offered me for sale 'Gamble and Barlow's Irish Equity Index,' 'Fisher's Digest of the Common Law,' and the Equity Series of the 'Law Reports.' These books, he said, with the exception of three or four others, were all that remained of his library. I wished to purchase the 'Law Reports' and the 'Digest,' and asked him what he re
<lb/>quired for them. He named a price, and said that as he would be in Lincoln's Inn on the following day, he would call upon me again. Next day a boy brought the 'Digest' to my chambers, and Langbourne, following soon after, told me that he would sell the work for 7
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. I said I could not afford to give so much, and requested him to take the books away, when he said he would send for them upon the following day. He also said that Mr.—(the name he mentioned I forget), he thought might purchase them, but if not he would see me again and try to come to an arrangement, as he was anxious to leave as soon as possible. The books were not sent for, but remained at my chambers for several days. In the meantime, as I was anxious to possess the 'Digest,' for the purpose of gaining a correct notion of the value of the work, I made several inquiries of booksellers as to what they considered was its proper price. Its value was estimated at 5
<hi rend="italic">l</hi>., or there-about. Among the persons of whom I made these inquiries was a Mr. Turner, who owns a shop at the back of the Mansion House in the City. These inquiries were made under the following circumstances:—The first occasion upon which I spoke to Mr. Turner, or someone in his shop, upon the subject was one day, I think, at the latter end of July, when passing the shop it occurred to me to inquire the value of the work in question. I entered the shop and made my inquiry of some persons present, who said that Mr. Turner was not there, but that he should be spoken to upon the subject, when he arrived, and I was asked to call at the shop again. This I should not have done had it not happened that upon Wednesday, the 3rd of August, I met a friend in Fleet Street; he was walking into the City to get change of a cheque, and he asked me to walk with him. I did so, and in going to and returning from the Bank we passed Mr. Turner's shop, and in returning it occurred to me to inquire whether the value of the 'Digest' had been ascertained, and my friend wishing to purchase a small book called</p>
<xptr type="pageFacsimile" doc="187101090015"/>
<p>the 'Bab Ballads' we went into the shop together. I ascertained what Mr. Turner considered to be the value of the 'Digest' and my friend being unable to obtain his book we both left the shop. This, sir, is the last time I ever entered the shop of Mr. Turner, with the exception of yesterday, notwithstanding that a person from his house pretends to recognize me as the seller of the books in question. Upon returning from the City I left my friend in Fleet Street, and went on to my cham
<lb/>bers. According to appointment, Langbourne then called, when I told him that the book was a too expensive one for me to buy, upon which he said that he had a cab below and would take the books away with him, and I lent him a bag in which to carry them to the cab. When he was leaving, I think I mentioned to him the circumstance of my having called upon Turner, and I believe I gave him Turner's address; but upon this point I am not certain. Upon making inquiries of Mr. Turner I ascertain that he bought these books upon the 4th of August, the day after that upon which I had been at his shop, and the day after the books in question left my chambers; and he further says that the sale took place at about 1 o'clock. That I am not the person who sold to Mr. Turner the lost books, I most positively assert. That Mr. Turner is mistaken, I can prove by the evidence of a gentleman in whose company I was, upon the day in question, from half-past 11 or 12 o'clock until 3 or 4. I do not wish to suggest any motive which the purchaser of these stolen books might have in fixing upon me or any other innocent person as the individual of whom the books were bought. I will not attempt to theorize upon the subject, but will simply repeat that I am in a position to prove by one, if not two witnesses, that Mr. Turner is mistaken. Upon the 9th or 10th instant, Langbourne called upon me again, at about 12 o'clock at noon, and telling me that he had sold his 'Digest' and 'Reports' to a book
<lb/>seller, whose name he did not mention, and obtained a good price for them, he again offered me the 'Irish Equity Index', saying he would sell it for 30
<hi rend="italic">s</hi>. I at first declined, saying that the books could be of very little service to me; but afterwards I agreed to purchase them for a sovereign, but merely for the purpose of exchanging them for another, or of selling them again at a higher price. I paid him a sovereign, and he left the books. I think it was upon the same day that I ascertained of several persons in the book trade; persons whom I know, and who knew me perfectly well; that the book I had that morning purchased was of little value in England, and I then resolved to keep it by me and not to dispose of it at all. The morning after this I was in the Temple, when I was met by Mr. Nicholson, who re
<lb/>quested to speak with me. He asked me if I bad in my possession a copy of the 'Equity Index' in question, to which I immediately replied 'Yes.' Mr. Nicholson then said that a book was missing from the library of Lin
<lb/>coln's Inn, and I explained to him how it came into my possession, and taking him to my chambers, showed him the books. He asked permission to take these books away, which I, of course, accorded. Mr. Nicholson, after this, told me of the loss of the 'Digest,' and I made an appointment with him to meet Mr. Turner; but of this, Sir, Mr. Nicholson has doubtless told you. Since this time I have made every possible effort to discover the whereabouts of Langbourne, and I have reason to hope that these efforts will eventually lead to success. In making numerous inquiries some time has necessarily elapsed, but the necessity for making them must be my excuse, if any be needed, for the delay that has taken place. I have written,</p>
<xptr type="pageFacsimile" doc="187101090016"/>
<p>to Mr. Dixon, but without any good effect. I have written to all the solici
<lb/>tors practising at Saltash, and from one, the Town Clerk, hare received a reply, which leads me to hope that I have discovered a clue to the person whom I seek. In reply to a letter from me, Mr. Cleverton writes, 'I strongly suspect that the person intended to be referred to by you is a Mr. T. P. Wymond, late of Shields, and theretofore of London and Meath, who has been recently here on a visit to his father.' He says, further on, 'If this young gentleman has subjected himself to a criminal prosecution, kindly write me before taking proceedings.' In my letter to Mr. Cleverton I did not mention with what object I made my enquiries. I am still in communica
<lb/>tion with this gentleman, and am waiting: to hear from him further upon the subject. No one else at Saltash to whom I have written has given me any information. I may inform you, Sir, that upon one occasion Lang
<lb/>bourne asked me to settle a bill of sale for him, which I did, and I have found among some waste paper which was upon my table two or three draught sheets, upon which I originally drew part of the document, and there is an entry in my fee-book at about the date when I must have drawn this deed. I have also the visiting-card, with 'Mr. Langbourne, Saltash,' engraved upon it, which he gave me the first day he called upon me. I believe, Sir, I have now told you all I know upon the subject of these books, and having done so, I will only express a hope that I may yet be able to find out the person whom I seek, and if I am successful in so doing, much light will undoubtedly be thrown upon the subject. I have the honour to remain, Sir, your obedient servant,</p>
<hi rend="smallCaps">
<persName id="t18710109-name-68" type="witnessName">
<interp inst="t18710109-name-68" type="gender" value="male"/>
<interp inst="t18710109-name-68" type="surname" value="LAMB"/>
<interp inst="t18710109-name-68" type="given" value="ARTHUR"/>ARTHUR LAMB</persName> </hi>.</p>
<p>"The Right Hon. Spencer H. Walpole, M.P., Lincoln's Inn."</p>
<hi rend="smallCaps">
<persName id="t18710109-name-69" type="witnessName">
<interp inst="t18710109-name-69" type="gender" value="male"/>
<interp inst="t18710109-name-69" type="surname" value="TURNER"/>
<interp inst="t18710109-name-69" type="given" value="EDWARD JAMES"/>EDWARD JAMES TURNER</persName> </hi> (
<hi rend="italic">continued</hi>). This letter of Mr. Nicholson was enclosed in Mr. Lamb's letter, and this is the letter I wrote to Mr. Lamb—(
<hi rend="italic">Mr. Nicholson's letter requested the witness to afford Mr. Lamb the informa
<lb/>tion he required</hi>)—Mr. Lamb called on me I think the next day, the 23rd—he merely said that he had come for the information he had asked for in his letter, and I told him the date on which the books had been bought was the 4th August, and as far as I could recollect about 1 o'clock, or between 1 and 2 o'clock in the day—no one was present when he came on that occasion; but my brother came in immediately afterwards, and said something to him—I have not the slightest doubt that the prisoner is the person who sold me the books on the 4th August.</p>
<hi rend="italic">Cross-examined.</hi> I first saw the prisoner two days before he sold the books—he applied to me personally—no other person in the shop had been applied to before that—at all events they did not communicate it to me—other persons are employed in my shop besides my brother—there was no one else in the shop but myself on the first occasion, or on the second, I think—it was on the third occasion that the sale took place—my brother brought down the slip of paper on which the receipt was given—he was on the next floor, which is a gallery above the shop, so that anyone speaking in the shop could be heard above, and I asked him to bring the paper down—the prisoner said on the third occasion that he had brought the books that he had mentioned to me before, to sell to me—the price was mentioned again—he said that he would take the 6
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. that I had offered—I had determined to give 6
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., and had told him so the previous day—I should say the whole transaction occupied about a quarter of an hour or twenty minutes—I looked at each volume to see that the dates agreed on the title page, and he looked at what I was doing—I think he was not looking round</p>
<xptr type="pageFacsimile" doc="187101090017"/>
<p>the shop—it was at the conclusion of the transaction that ray brother brought down the paper—the receipt was written at once, the money paid, and the person left—when I saw the prisoner again after this correspondence I did not say anything to him as to whether he was the man or not—I had heard that he had denied selling the books—my brother came into the shop immediately after the prisoner had left, on the day that he came to make inquiries, and he went after him and recognized him—I told him to go into the street and see if he could see any such person—the prisoner had then just gone up Bucklersbury—he was out of sight of the shop—I did not go with my brother—this matter has been the subject of conver
<lb/>sation between us—my brother had seen the prisoner when he gave the receipt—we gave a description of him to the detective, I think—I think it is very likely that we compared notes as to what he was like—my brother came back a very short time after he went out to see if he could recognize the man—it is not possible that I am mistaken about the man who sold the books—I did not make any entry about the time at which the sale took place, only the day of the month—I did not make any entry of the hour of the day—I may have written down the hour for the prisoner when he called—I am not sure whether I said "1" or "Between 1 and 2"—I believe I did say it was 1 o'clock—I don't think it is likely that I put down 1 o'clock exactly—I should probably hive written "1" or "Between 1 and 2"—I gave the paper to the prisoner—as far as I recollect that was what I said to the prisoner—the way in which I recollect the time is that I generally come back from luncheon about 1 o'clock, and I recollect that when I bought the books it was soon after I returned from luncheon—I don't think it could have been long after it.</p>
<hi rend="italic">Re-examined.</hi> We have a winding staircase in the shop, which rum from one comer on to the next floor, so that anybody there can see and hear what goes on below—it is an iron gallery, running round, in which we keep our books, with the centre space open.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-70" type="witnessName">
<interp inst="t18710109-name-70" type="gender" value="male"/>
<interp inst="t18710109-name-70" type="surname" value="TURNER"/>
<interp inst="t18710109-name-70" type="given" value="JOHN"/>JOHN TURNER</persName> </hi>. I am the brother of the last witness—I was in the shop on the 4th August, when "Fisher's Digest" and "Shelford on Railways" was brought—the prisoner is the person who brought them—I was on the first floor when he brought them in, and I came down to bring a sheet of paper and a receipt stamp—my brother asked me to do so—I came down into the shop, and saw the prisoner there—I am quite positive of that—I saw him write this receipt—I had not seen him at the shop before. (
<hi rend="italic">Receipt read</hi>: "Received 6
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., for 'Fisher's Digest' and 'Shelford on Railways,' 7 volumes; Richard Kinglake, Saltash, and 23, Old Square"—I saw the prisoner again about one or two days after he had sold the books—in con
<lb/>sequence of something my brother said to me I went out, and went down the new street, Queen Victoria Street, and there saw the prisoner—he was the person that I had seen on 4th August, the day the receipt was given—I am certain of it.</p>
<hi rend="italic">Cross-examined.</hi> I should think the selling of the books lasted about five minutes—I saw the prisoner come in, and saw him leave—I should think it was about five minutes, I could not be sure—I was not up in the gallery during the greater part of the time—I was there when he came in; but I came down immediately, at least as soon as the receipt was wanted—it was not wanted until the bargain was concluded—I waited there while he wrote the receipt—he left the shop as soon as he had written it—I should think it was between 1 and 2 o'clock—I should think it was nearer 2 o'clock, if</p>
<xptr type="pageFacsimile" doc="187101090018"/>
<p>anything; but I could not say exactly the time—I went to look for him two days afterwards, in consequence of what my brother said—he said that Mr. Lamb had just been to the shop, and he bad gone down the new street—my brother and I had talked about the person who sold the books before that, and when I came in my brother said "Go down the new street, and look for him"—I went down the new street to see if I could recognize him—my brother generally came back from lunch about 1 o'clock—on the 4th he had just come back—he does not always get back at the same time—I should think it was about 25 minutes to 2 o'clock on this occasion, as far as I can remember; it was nearer 2 than 1 o'clock—between 1 and 2 o'clock at any rate—I remember it was about that time—my brother did not tell me that he thought it was 1 o'clock, and that he had written 1 o'clock on the paper—I think he did say he thought it was about 1 o'clock—I did not say that it was 25 minutes to 2 o'clock—it was between 1 and 2 o'clock, I should think—I have no particular reason for fixing on 25 minutes to 2, more than 20 minutes after 1 o'clock.</p>
<hi rend="italic">Re-examined.</hi> Our shop is at the corner of Wallbrook, nearest the Man
<lb/>sion House, not in Bucklersbury—Bucklersbury leads into the new street—when I saw the prisoner he had got not very far from where the new street joins Cannon Street—he was going from our shop towards Cannon Street.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-71" type="witnessName">
<interp inst="t18710109-name-71" type="gender" value="male"/>
<interp inst="t18710109-name-71" type="surname" value="SMITH"/>
<interp inst="t18710109-name-71" type="given" value="GEORGE"/>GEORGE SMITH</persName> </hi>. I am a bookseller, of 27, Chancery Lane—I know the prisoner—he has been very frequently to my shop—he came in August last with one of these books, "Gamble and Barlow's Index"—it would be the beginning of August—I can't say the day—he asked me if I could purchase them—I declined to do so—he had asked me to purchase other books—"Fisher's Digest" was one—that would be some few days before this occa
<lb/>sion—I asked him to let me see the copy—he did not do so—I never saw the book—he has been a customer of mine for two or three years—I did know his name, but I knew his person better than his name—I have no doubt whatever about his being the man—some communication had passed between me and Mr. Nicholson, and after he had called with "Gamble and Barlow's Index" I again communicated with Mr. Nicholson, who called on mo the following day—whilst he was with me I saw Mr. Lamb pass on the opposite side of the way, and I pointed him out to Mr. Nicholson as the person who had offered to sell me the books.</p>
<hi rend="italic">Cross-examined.</hi> I knew him perfectly well, and had frequent dealings with him, changing old editions for new ones, and so on—that is a very common practice—he knew that I knew him perfectly well—what he said to me about "Fisher's Digest" was, "What would you give for 'Fisher's Digest?' and I think I said "We usually give half of the publishing price for a book that is cut, because it then becomes second-hand"—but I never saw the book—the publishing price of "Fisher's Digest" is 12 guineas—I have frequently seen Mr. Lamb passing backwards and forwards in Chancery Lane.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you know where he lived?—
<hi rend="italic">A.</hi> I could not have stated where he lived because his communications with me were usually over the counter, and I had not occasion to send to his office—I knew his name, but I could not have named it at the time.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-72" type="witnessName">
<interp inst="t18710109-name-72" type="gender" value="male"/>
<interp inst="t18710109-name-72" type="surname" value="DOYLE"/>
<interp inst="t18710109-name-72" type="given" value="MICHAEL"/>MICHAEL DOYLE</persName> </hi>. I am steward of the Society of Lincoln's Inn—Mr. Spencer Walpole was the treasurer last year—by his directions, on 16th August last I made a communication to Mr. Lamb—it was to the effect that an explanation was required and sought touching certain circumstances</p>
<xptr type="pageFacsimile" doc="187101090019"/>
<p>as to missing books from the library—I saw Mr. Lamb on that occasion, in the presence of Mr. Nicholson and the younger of the two Turners—Mr. Turner had just then identified Mr. Lamb, and, in my presence, he repeated his decided opinion that Mr. Lamb was the person—that was in Mr. Lamb's presence, and I then said an explanation was required—he admitted, and with apparent frankness, that the case seemed to bear a very uncomfortable complexion as regarded him, and he intimated his willingness to give all the explanation in his power.</p>
<hi rend="italic">Cross-examined.</hi> The circumstances, so far as they had come to light, were mentioned to Mr. Lamb by Mr. Nicholson, in my presence, and in the presence of the younger Turner; and one of the particular points of identification was the possession by Mr. Lamb of an umbrella having round it a silver ring on the handle, and it happened at that time that Mr. Lamb carried that umbrella with him, and I drew his attention to that particular circumstance—I don't mean that he was identified by Mr. Turner by the umbrella; that was one of the points that were mentioned—he was personally identified by him—I think I have stated all that passed—Mr. Lamb's words, as near as I can recall them, were to this effect, that the case certainly did look very serious and very bad; but he stated at once, when the invoice was produced to him, that it was not in his handwriting—certainly all he said would be taken to imply that he was innocent—he did not give any explanation while I was present; nothing was said about the books, or where he got them from—I did not ask him—it was in my presence that the younger Mr. Turner identified him—the prisoner said he was not the man—I think Mr. Langbourne's name was mentioned at that time—I don't remember that he had made com
<lb/>munications to Saltash—I can't say precisely how long Mr. Lamb has occupied chambers at Lincoln's Inn—he has not occupied sets of chambers, only single rooms, as an under tenant, so that I should have no occasion to take cognizance of him—he has never been in the occupation of a set of chambers in the Inn, and I could not say how long he has been there.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> In what way did the conversation about the umbrella arise?
<hi rend="italic">A.</hi> The description of the person who had put himself in communication with Mr. Turner, the bookseller, had been furnished to the librarians of Lincoln's Inn; I had heard of that, and I pointed out that that was the umbrella that he had there.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-73" type="witnessName">
<interp inst="t18710109-name-73" type="gender" value="male"/>
<interp inst="t18710109-name-73" type="surname" value="BYERLEY"/>
<interp inst="t18710109-name-73" type="given" value="WILLIAM"/>WILLIAM BYERLEY</persName> </hi>. I am a bookbinder in the employ of Mr. Holland, of 60, Stanhope Street, Clare Market—in the middle of last year I believe I saw the prisoner at our shop—he brought a volume, and asked me if I could repair it; that is to say, put in new end papers; I said "Yes"—it was a book similar to "Fisher's Digest;" but it was not one of them—he said he had bought them from a gentleman rather cheaply, and he wanted the old name taken out and new papers put in, to hide the old name, as he did not care about seeing it—I did that, and be brought another, and took that one away—I believe the first book he brought was one of these, "Shelford on Railways"—one board had been roughed up to obliterate some writing or marks upon it—this is my work, in both these volumes; these brown leaves—it was the second volume of "Shelford" that the prisoner brought on the second occasion, and I put in these fly leaves—I can't say whether the inside of that volume was roughed up in the same way as the first; I don't remember—he came for the second volume, and then asked if I could send for some others, five vols.—I sent an apprentice, a boy named Cattermole, to</p>
<xptr type="pageFacsimile" doc="187101090020"/>
<p>fetch them—I think the prisoner wrote down where I was to send, on a piece of paper, and I gave it to the lad; I don't think he brought it back—the address was "Mr. Lamb, 25, Old Square"—Cattermole brought back five volumes of "Fisher's Digest"—this is my work to the first volume; I put these papers in, the same as I had done to the others—the board had been roughed up inside, to obliterate some marks on it—I don't think that was the case with all the five volumes—I put fly leaves and new lining to the whole five, and sent them home by Cattermole.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GIFFARD</hi>. At the time I first saw the book, I did not see any mark in particular on it; I noticed that it had been roughed up; what mark had been on I did not notice—there was nothing on it to inform me that it was a Lincoln's Inn book—if I had seen any such mark, I should have taken the order, but I should have shown it to my employer—there was nothing to rouse my suspicion; I did not notice anything—I believe Mr. Lamb to be the gentleman who brought the books; I have no doubt about it—I know, now, that they came from his chambers, and that they were sent there when finished—I could not say who he was then, but I know he is the person that brought the books—I can't say whether I should have recognized him as the person who gave the order, without knowing he was the person occupying those chambers.</p>
<hi rend="italic">Re-examined.</hi> I took notice of him when he came in the first time, and I knew him again the second time, when he came for the second book—I have not the slightest doubt the prisoner is the person—I saw him write down the name and address on the paper I gave him.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-74" type="witnessName">
<interp inst="t18710109-name-74" type="gender" value="male"/>
<interp inst="t18710109-name-74" type="surname" value="CATTSRMOLE"/>
<interp inst="t18710109-name-74" type="given" value="JAMES"/>JAMES CATTSRMOLE</persName> </hi>. I am in Mr. Holland's employment—I remember receiving some orders from Byerley, in August—he gave me a bit of paper—I read the paper, and went to 25, Old Square, to the second floor—I think the name of Mr. Lamb was over the door—I tore up the paper when I came out of the chambers; it had on it, "Mr. Lamb, 25, Old Square"—I went there for five law books—I saw a boy, and asked for the five books; I said I had come from Mr. Holland's for five books, to have new lining in, and they were given to me by the boy—I looked at them; I think it was five volumes of "Fisher's Digest"—I put them into a bag, and brought them to Mr. Holland's—I was afterwards desired to take them back again; I can't say how long after, it was about two or three weeks—I took them to the same place—the same boy opened the door to me, and I gave them to him.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-75" type="witnessName">
<interp inst="t18710109-name-75" type="gender" value="male"/>
<interp inst="t18710109-name-75" type="surname" value="KERLEY"/>
<interp inst="t18710109-name-75" type="given" value="FREDERICK"/>FREDERICK KERLEY</persName> </hi>. I am a detective sergeant, of Bow Street—in conse
<lb/>quence of a warrant, signed by Mr. Vaughan, on 16th November, I went to 38, Tollington Road, Holloway, and saw the prisoner—he came to the door—I told him that I was a detective officer, and held a warrant for his appre
<lb/>hension, signed by J. Vaughan, Esq., the Magistrate of Bow Street—he said "What for?"—I said "For stealing some books: I will read the warrant to you"—we went into a back room—he said "Good God! what does all this mean? will you allow me to see my wife?"—I said "Yes, certainly"—we went into the front parlour, and he said to his wife "Don't be alarmed, this is an officer come to arrest me"—she said "What for?"—he said "For stealing some books"—she said "Where from?"—he said "Lincoln's Inn Library"—she said "But you never go there"—he said "Yes, I have been there on two or three occasions; I have heard about these books before, and I wrote to Mr. Walpole to-day"—and he said to me "Do you know anything</p>
<xptr type="pageFacsimile" doc="187101090021"/>
<p>about these books?"—I said "Yes; Mr. Nicholson, the librarian, found some of them at a shop, in the City"—he said "Where?"—I said "At a shop by the side of the Mansion House"—he said "Does the person say that I sold them there?"—I said "I can't say that he said it was you sold them, but he can identify the person that did sell them"—at the station he was searched, and upon him I found this letter—he said "That is a copy of the letter I wrote to Mr. Walpole—(
<hi rend="italic">Read</hi>: "I think it right to inform you, that since forwarding to you my explanation as to how the books stolen from Lincoln's Inn came into my possession, I have made every effort to ascertain something of the person of whom I bought them, but, unfortu
<lb/>nately, without success. You, Sir, will perhaps not think it out of place if I afford you some information as to my private means, for the pur
<lb/>pose of showing how improbable it would be for me, with a guilty know
<lb/>ledge, to involve myself in such an affair as this;—although I am married, and not by any means rich, I enjoy a private income of 300
<hi rend="italic">l</hi>. per annum; and for the last few years, from my practice at the bar, something over 150
<hi rend="italic">l</hi>. per annum. Besides this, I have near relations from whom, at any moment, I could readily obtain whatever I might, in reason, desire. I would ask you, Sir, also to bear in mind that, although all the information I can impart with reference to the person of whom I purchased these books is meagre, yet, whenever I disposed of a book so purchased, I invariably did so to a person to whom I was well known, and who could consequently have found me at any moment. Any questions you deem right to put to me will, I need hardly say, be answered with the greatest readiness;—nothing could be further from my wishes than that more light should not be thrown upon the subject, for of this I am convinced, that it only requires the whole truth to be discovered to entirely exonerate me, not from all censure, but from all that I now most fervently wish to be absolved from.")</p>
<hi rend="italic">Cross-examined.</hi> I was employed in this matter when the books were first missed—I did not find out then where the prisoner was living; not until he was apprehended—I was told the neighbourhood he was living in—I went direct to his house—I had received information—I don't know how long he had been living there.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-76" type="witnessName">
<interp inst="t18710109-name-76" type="gender" value="male"/>
<interp inst="t18710109-name-76" type="surname" value="CHABOT"/>
<interp inst="t18710109-name-76" type="given" value="CHARLES"/>CHARLES CHABOT</persName> </hi>. I carry on business at 25, Southampton Row, and am an expert in handwriting—I have had a very large experience in that way for many years—some time ago I received from Mr. Pemberton, the solicitor of Lincoln's Inn, this receipt for 6
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., the letter addressed to Mr. Walpole, dated "30th August," and these four letters, produced by Mr. Tarn, addressed to Mr. Shee, and marked "1," "2," "3," and "4"—I have looked at them with a view to see whether they are in the same or a different handwriting, and I am of opinion, without doubt, that the receipt is in the same handwriting as these letters—the first letter that was given me was that to Mr. Walpole—that I believe to be a
<hi rend="italic">bond fide</hi> handwriting; but it is carefully written—the receipt does not appear to be carefully written, it is written in an extremely hurried manner—I identify the receipt from all the letters in combination—at first I was only shown the letter to Mr. Walpole—I believed it was in the same handwriting; but I declined to give a positive opinion unless I saw some writing that was ap
<lb/>parently written under the same circumstances as the receipt, that is, in a hurried manner, carelessly, and not in the same set manner that the letter is; and when these other letters were put into my hands, I immediately identified the handwriting in a very short time indeed—I have not the least</p>
<xptr type="pageFacsimile" doc="187101090024"/>
<p>doubt that they are in the same handwriting—I have been engaged fifteen or sixteen years as an expert in deciphering handwriting.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GIFFARD</hi>. I expect to find some characters of handwriting the same, whether the writing be studied or hurried; but not all—in some respects the character will be different, and different forma
<lb/>tions will be substituted—there might be the intention to disguise; but if hurriedly written, it would be more difficult to carry it out—the receipt is written in a large hand, and that seems to me to constitute its principal disguise, being written large, and as quickly as possible, otherwise it is the
<hi rend="italic">bond fide</hi> handwriting; but it has been written too quickly to effect any real disguise—in testing handwriting we endeavour to find out what are the habitual characteristics of forming the letters, not taking one individual letter, but the general habit—in the "S" in the word "Saltash," in the receipt, the top stroke is completely to the right—the "S" in the word "Square," in the letter to Mr. Walpole, is a totally different formation—I do not trace anything in common between the two, one is in a set writing, and the other in the careless writing—they are of a different character, certainly; but when persons write rapidly they change the formation of the letters—I can give you a very striking instance in this letter—when persons write rapidly they substitute, in some instances, different formation of letters—the letter "S," in the word "Sir," in the letter to Mr. Walpole, also differs—the "S" in "Square," in the receipt, is formed in the same way as in "Saltash;" and that also is totally different to the "S" in the words "Sir" and "Square," in the letter to Mr. Walpole—the "D" in "Dickson," in the letter is not exactly the same as the "D" in "Digest," in the receipt—it does not differ in character, only in size; there are trifling differences, not essential ones—the "h" in "have," in the letter, is not of the same character as the "h" in "Shelford," in the receipt; the differ
<lb/>ence arises from the scribbling manner in which it is attempted to be written; it is different in every respect in size and in character; it is of the same character as the "h" in "Saltash," especially the final portion of it; it is identical; the final part of the "h," in the letter, forms an acute angle; in the receipt it is rather more acute; the upper turning is very acute, and the lower turning very round, and that is the case in both—in writing figures persons are very often off their guard—the figure "2" in the receipt and in the letter decidedly correspond in character; one is written in a very studied, careful manner, and the other rapidly—the figure "1" is much taller than the "8" in the dating of the letter of 30th August, and so it is in the receipt; in other respects the figure is different; but that arises from the rapidity of the writing—it is totally different in formation, and you may find differences in the same document; for instance, the "0" in "1870" is different from the "0" in "30th;" one is left open at the top, and the other is finished; but the character is the same—the figure "7" in the receipt does not bear the least likeness to the "7" in "1870," in the letter—a person would make that difference if he had in his mind an intention to disguise his writing—I believe the intention was when this was written to write it so that it should not be recognized—I mean that there was an intention to disguise the handwriting—I infer that from the size of the writing, and the scribbled manner in which it is done, and those trifling variations that would occur at the time—there are symptoms of actual disguise, which you point out to me—I infer that not from having formed a judgment about this case, but from a comparison of the hand
<xptr type="pageFacsimile" doc="187101090025"/>
<p>—the difference in the form of the figure 7 is one effort at disguise, and a successful one; I assume, of course, that the writing is by the same person—I conceive that when the person wrote this receipt he intended disguise, but being written rapidly he could only disguise a letter now and then, if he had had more time to devote to it it would have been a very different production—without comparing the receipt with anything else, there is nothing on the face of it to show an effort to disguise—I have heard evidence given to the effect that the character of handwriting of itself shows whether it is natural or not, without comparing it with other writing, and I have given such evidence myself, but you cannot always do so—if the receipt was put into my hands by itself, I should say it was nothing tangible—I could form no judgment one way or the other—none of the "d's" that occur in the receipt are formed in the proper orthodox manner, that is, they are all turned over; but in the letter of 30th August they are formed in the proper orthodox manner; but when the prisoner writes rapidly, under the same circumstances as he has done in two of his letters, of 7th June and 15th July, there is not a single mistake made, as it is in the letter of 30th August, they are all turned over at the end like those in the receipt—when I say "under the same circumstances," I only judge of that from the internal character of the hand writing, that all the letters "d" there are made like the "d" in 'the receipt, and not only that, there are three different formations of the "d" in that letter, and they are all represented here; out of the four "d's" there are scarcely two alike; there are three essentially different, and all those variations are found in this letter—I will call attention particularly to the word "should," and compare it with the words "received" and neighbourhood" in the letter—there is a slight difference; the one is closed up at the top and the other not, but the general mode in which the "d" is formed is the same, and greatly dis
<lb/>tinguished from the manner in which it is formed in the letter of 30th August—I have not studied the draft letter found on the prisoner so much—I have confined my attention to one or two of these letters that I have looked at, and that is all—the "1" in Kinglake, in the receipt, and the "1" in "reply," in this letter, are not the same character, but they might both be made by the same person—I will admit that there are a number of points that are not of the same character; there are many differences, and there always will be, but there are certain points of absolute identity to my mind, which I have not yet been able to explain; I have not said all I have to say upon it, you have interrupted me—the letter "d" in the word "Shelford" is generally represented by the "d" in the word "attended," in the letter of 15th July, and again in "finished," and in "proposed" in the letter of 7th June; they are both formed in the same manner, only the "d" in "Shelford" is written in a cramped hand, a restrained hand—I say all the three "d's" are made upon one plan, neither of them are identical; there is a considerable difference, but there is the same notion, and the same plan of formation very distinct from the other "d's"—are three distinct manners of forming one particular class of the letter in the receipt, and there are all those three manners in one of these letters—there is another formation of the "d" still more striking; the small "d" in the word "should," in the letter of 7th June, and the "d" in "Richard," in the receipt, are totally different from the other letters "d;" they are on the same plan, but they are not finished in the same manner as the letters "d" in this formal letter—they are all finished at the upper part of the</p>
<xptr type="pageFacsimile" doc="187101090028"/>
<p>letter, and none of them are so in the formal letter; that was one of the reasons why I would not give an opinion upon the examination of the formal letter alone—then the "y" in the word "reply," in the letter of 15th July, is nearly identical with the "y" in "Railways," in the receipt, and also in the word "July "at the beginning of the letter—I do not see any difference whatever—gentlemen in my profession do sometimes make mistakes—I am very cautious, I very rarely indeed make a mistake; un
<lb/>doubtedly I have made a mistake now and then—I do not remember the case of "Vardon
<hi rend="italic">v.</hi> Ford," in the Probate Court; I do not remember being examined as a witness in that case—I don't remember proving a document to be forged which was afterwards admitted to probate—I don't remember that occurring in 1866; I can't undertake to say it did not happen; I have no memory of it—you must remember this, that sometimes, when I have given my opinion before a Jury, they have differed from my opinion, but another Jury has come after that, and supported me; so how am I to know whether I was right or wrong—two Juries have maintained my opinion against the decision of a first Jury—I do not remember the case of "Vardon
<hi rend="italic">v.</hi> Ford;" I think you must be mistaken; I can hardly think I was in that case, I don't remember either of the names, or the name of Eden, a solicitor, of Gray's Inn, who retained my services, or Dr. Wamby examining me—I assure you I do not remember any one of those circum
<lb/>stances—I will not undertake to say that such things did not happen in 1866—you lead me to suppose it was so, because you seem to be asking me from some data, but I do not remember it.</p>
<hi rend="italic">Re-examined.</hi> I remember the case of "Cresswell
<hi rend="italic">v.</hi> Jackson," in which such a thing happened—the first Jury said the documents were genuine, and my opinion was that they were forgeries; another Jury said that they were forgeries; it went through the House of Lords, and finally to a third Jury, and they said they were forgeries—there are some other similarities between the receipt and the letters which I have not yet pointed out; there is the "g" in "Digest," in the receipt, and the "g" in "again," in the letter of 30th August; they are particularly alike—then there is a very remarkable manner of making the letter "k;" you will find it in "Kinglake," in the receipt, and in "book," in the letter of 30th August—it does not matter whether the prisoner writes quickly or slowly, his cha
<lb/>racteristic manner of making the "k" is the same; in the letter of 7th June there is a similarly formed "k" in "kindly"—in the letter "s" in "Fisher" and "railways" there is a peculiar touch, and I find the same thing in the letter of 30th August, in "barristers" and "books," in lines 12, 14, and 16 of the first page; it terminates abruptly, more like a strongly-marked comma—then there is another singularity in the "q" in "questions," in the letter of 17th August, and the "q" in "square," in the receipt—the receipt is written in a larger character than the letter, but that is not the only difference, there are a number of other differences, but notwithstand
<lb/>ing those differences, they are written by the same person—if a person writes one thing in a hurry and others with care, there would naturally be differences—if I was shown the receipt alone, and nothing was said about it, I should sec nothing in it but a
<hi rend="italic">bond fide</hi> receipt; but when I was told it might be written under suspicious circumstances, and that the person might want to disguise his hand, then I should say, comparing it with other letters, those differences that I sec are accounted for—I have formed my</p>
<xptr type="pageFacsimile" doc="187101090029"/>
<p>opinion principally upon a comparison of the receipt with the other letters; of course the letter of 30th August somewhat supports it.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-77" type="witnessName">
<interp inst="t18710109-name-77" type="gender" value="male"/>
<interp inst="t18710109-name-77" type="surname" value="NETHERCLIFT"/>
<interp inst="t18710109-name-77" type="given" value="FREDERICK GEORGE"/>FREDERICK GEORGE NETHERCLIFT</persName> </hi>. I carry on business at 18, Golden Square—I am an expert, and have been so for thirty years—I have looked at this receipt, and also at the letter to Mr. Walpole, and other letters, and I have formed an opinion that they are written by one and the same hand—the letter to Mr. Walpole is written more studiously, more carefully, and would hardly bear comparison with some of the others at the first glance—some of the letters written by the prisoner differ from the letter to Mr. Walpole quite as much as from the printed receipt; I am speaking of style, not character—comparing the receipt with some of those letters, I find both style and character identical—the receipt is written much larger; but magnify one or two of the other letters, and then you see almost the same writing, without any disguise—the style of the seven-page letter is different; it is written more carefully and studiously; the receipt is more rapidly written—I did not hear Mr. Chabot's evidence; I purposely left the Court—there are about five lines in this receipt, and I have noticed sixteen remarkable characteristics; first, I will take the letter "d" in the word "Richard," and the letter "d" in "old," which follows directly—I find the same in the word "received" in this letter, and in the words "neighbour
<lb/>hood" and "should;" the "d" in the word "received" corresponds with the "d" in the word "neighbourhood;" then there is the small "g" in "Digest" and in "Kingslake," the letter, instead of being made close together, is separated, so as to give it the appearance of "e j"—in the fourth paragraph of the letter to Mr. Walpole, in the words "originally" and "amongst," you will find the same characteristic—then the capital "R" in "Received," in the receipt, is perfectly similar to the word "Reports" in the letter, with the exception of its being written a little more apart; you will find even that the pen has caught at the bottom, exactly in the similar manner—it is formed exactly on the same principle; it has no loop, as an "R" generally has, and it comes down with a straight stroke—I notice also the connection of the letters "ol" in the word "vols." for volumes—that occurs in the word "following," in two places, and the capital "D" also, I find identical in the word "Digest"—there are three kinds of "r's" which I find throughout the documents; there is the "r" in the word "Fisher," in the receipt; that hag no head to it, it is made like an "i;" then in the word "Shelford," it has a head to it, and another in the word "square" has a top to it; and I can identify those different "r's" throughout the documents—I have marked sixteen of such characteristics as those in the small space of five lines—from those and other reasons, I am of opinion that the handwriting in the receipt and the letters is the same.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GIFFARD</hi>. The characteristics are the habits of the writer—style is whether the writing is upright or sloping, or whether it is written well or badly—you say a stylish writing, if it is written very
<lb/>well, the same as you would speak of a stylish woman—the characteristics are the habits that man introduces, which he is unaware of himself, and which, when he writes, he introduces, and by which we find him out—it is the elements of handwriting, the distinguishing features which he always introduces—perhaps I speak professionally—I am a lithographer, and when a person comes to me and asks for a thing to be done in the best style, I understand what is meant—I include in that legibility, of course—in testing the handwriting of a person, I rely on the characteristics, and if on com
<xptr type="pageFacsimile" doc="187101090030"/>
<p>paring writing I don't find those characteristics, I should decidedly object to give any opinion whatever—I am able, from these five lines in the receipt, to detect enough to convince me that the letter to Mr. Walpole was written by the same person—I entertain no doubt whatever about it—the receipt is not in the same style as the letter—the one is written on the spur of the moment—I should say it was slightly feigned, because it is altered in places—it is touched up—the capital "O" is touched up; it is formed one way, and then distorted a little—it has been added to and altered—I allude to the letters "B K"—the initials on the receipt-stamp and the "O" has been added, too—it looks as if it was commenced and then altered—probably he was going to put a capital "O," and then altered it to a small one—that is what it looks like—I don't see anything else—with those two exceptions, the character of the handwriting looks like a natural hand—but for com
<lb/>paring it with other things I should not say there was any effort to disguise—it looks like a natural handwriting, it is very slightly disguised—I should be sorry to give a strong opinion on that—I should say it would be an easy thing for a person writing in a hurry to disguise his handwriting—the more rapidly you write the loss chance there is of disguising—I have a note of the sixteen different characteristics that I have alluded to—this is it (
<hi rend="italic">hand
<lb/>ing it in</hi>)—the letter to Mr. Walpole is written more slopingly than the receipt—I don't say anything about the ciphers—I don't think that persons writing ciphers are more off their guard—I was first consulted about two months ago, before Mr. Chabot, and before the prisoner was taken into custody—I was not examined before the Magistrate—this is the first time I have given evidence.</p>
<hi rend="italic">Re-examined.</hi> I formed my opinion from the comparison of the receipt with Mr. Walpole's letter, and confirmed it by the others—I first saw the others about a fortnight ago—I had formed my judgment, and reported to my employers before that.</p>
<hi rend="italic">Witnesses for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18710109-name-78" type="witnessName">
<interp inst="t18710109-name-78" type="gender" value="male"/>
<interp inst="t18710109-name-78" type="surname" value="QUINLAN"/>
<interp inst="t18710109-name-78" type="given" value="JAMES"/>JAMES QUINLAN</persName> </hi>. I am a junior clerk in the office of Mr. Francis Lamb, a solicitor, of 35, Bedford Row—I have been in the service three years and a half—it is part of my duty to enter in the call-book the names of persons who call—this is the book (
<hi rend="italic">produced</hi>)—I have here the names of the persons and the order in which they called at the office—I put my initials against the names—referring to 4th August I find that Mr. Martin called and Miss Wilson—I saw Mr. Martin and also Mr. Witt—Mr. Arthur Lamb called and saw Mr. Francis Lamb; and Mr. Bailey called, who saw Mr. Francis Lamb; and Mr. Martin, who saw Mr. Francis Lamb—that is the same Mr. Martin who had called earlier in the day—I saw Mr. Martin the first time he called, and Miss Wilson—I did not see the others—I mean I did not attend to them—I saw everyone that came to the office, and took in their names to Mr. Francis Lamb—the first time Mr. Martin called was about 11 o'clock—Mr. Francis Lamb Was not then in the office, and Mr. Martin left, and said he would call again—the next person who called was Miss Wilson, about half-an-hour after Mr. Martin—Mr. Francis Lamb was not there then, and she left—the next person who called was Mr. Witt, about ten minutes after Miss Wilson had left—I saw him, and another clerk also—before Mr. Arthur Lamb called, Mr. Francis Lamb had come to the office, and he was there when Mr. Arthur called—Mr. Arthur Lamb came about 12.50—I saw him first in the outer office, and he was shown into Mr. Francis Lamb's private room—whilst he was there Mr. Bailey called, and I</p>
<xptr type="pageFacsimile" doc="187101090031"/>
<p>took in his name to Mr. Francis Lamb, on a piece of paper, before entering it in the call-book—when I went in with the paper I saw Mr. Arthur Lamb in the room, sitting in the arm-chair—that was about 12.55—when I came out again I entered Mr. Bailey's name—he stayed in the outer office—Mr. Martin called after that—I took his name in, and Mr. Arthur Lamb was still sitting there—that was about ten minutes after I had gone in the first time—I came out and entered Mr. Martin's name in the book, and about ten minutes after that Mr. Arthur Lamb came out—he nodded to Mr. Bailey, and went out of the outer office—at the time he went out both Mr. Martin and Mr. Bailey were still there—Mr. Bailey was then shown in to Mr. Francis Lamb—Mr. Martin and Mr. Bailey were speaking together in the outer office before that—I know the subject of their conversation.</p>
<hi rend="italic">Cross-examined.</hi> I was first asked about Mr. Arthur Lamb's calling about two weeks ago—never till then—I see by the book, Mr. Arthur Lamb called on the 8th August—I should think he called about 12.30 that day—Mr. Francis Lamb generally went out to his lunch about 1 o'clock, and he was out at that time—I remember Mr. Arthur Lamb calling, about 12.30, and I remember Mr. Francis Lamb going out to his lunch shortly after—I am speaking of the 8th August now—he went out to his lunch generally about 1 o'clock—without referring to the book I can't say when Mr. Arthur Lamb called before the 4th August—he did not call between the 4th and the 8th—he called on the 1st—that was early in the morning I should think, because his name appears second on the 1st August—that is the only reason I hare—I remember that it was about 11 o'clock on the 4th that Mr. Martin called, because when I saw him and Mr. Bailey, a little while back, at the office, speaking about something, I remembered it—I mean a fort
<lb/>night ago—Mr. Bailey and Mr. Martin were talking the matter over, and I heard them—I remembered what the time was when Mr. Francis Lamb spoke to me about it—I should not have remembered without being asked what time it was Mr. Martin called—when Mr. Lamb spoke to me about it I remembered it—that was after Mr. Martin and Mr. Bailey talked about it—it was Mr. Francis Lamb who spoke to me about it—he asked me what time it was Mr. Arthur Lamb called, and I said "To the best of my knowledge it was about 1 o'clock"—my attention had not been called from the 4th August till about a fortnight ago.</p>
<hi rend="italic">Re-examined.</hi> What brought it to my mind was, Mr. Bailey was talking to Mr. Martin about some tennis bats, which Mr. Bailey's son was making, and he said the war would benefit him; that they could not supply them in France, and therefore the war would benefit his son—that is all I recollect—i remember saying to Mr. Martin that Mr. Arthur Lamb was in with Mr. Francis Lamb at the time—this conversation between Mr. Martin and Mr. Bailey was on 4th August.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-79" type="witnessName">
<interp inst="t18710109-name-79" type="gender" value="male"/>
<interp inst="t18710109-name-79" type="surname" value="BAILEY"/>
<interp inst="t18710109-name-79" type="given" value="WILLIAM"/>WILLIAM BAILEY</persName> </hi>. I am a clerk, in the employment of Mr. Valpy—I remember Thursday, 4th August last, perfectly well—there was A wedding, which called my attention to the date—I called on Mr. Wood, of Bucklers
<lb/>bury, that day, about 11.30; it might, perhaps, be a little later, and I had to wait upwards of, or near upon, an hour—I took a draft declaration from Mr. Wood to Mr. Lamb, at 35, Bedford Row—I suppose it would take me a full half-hour to walk that distance—I walked very slowly, as I was suffer
<lb/>ing from rheumatism—when I got to Mr. Lamb's office I found he was engaged, and I sat down in the clerk's office—the witness Quinlan was there—whilst I was waiting Mr. Martin came in to Me Mr. Francis Lamb, and he</p>
<xptr type="pageFacsimile" doc="187101090032"/>
<p>had to wait also—we got into conversation—while we were talking, Mr. Lamb's door opened, and Mr. Arthur Lamb came out—I should say I had sat there for at least twenty or twenty-five minutes at that time; at all events, quite twenty minutes—I had to go back again to Bucklersbury afterwards, after finishing my business with Mr. Francis Lamb—I should have been there at 1.45, but it was after 2 o'clock when I arrived there, and I had to wait till 4 o'clock.</p>
<hi rend="italic">Cross-examined.</hi> My attention was first called to this about three or four weeks ago, perhaps a month—I can fix the time by the marriage that took place—it was a marriage in the country, and my governor, Mr. Valpy, was to have gone to it, and I was anticipating having a holiday, but he did not go—I had had orders the day before to go to Mr. Wood's, in Bucklers
<lb/>bury, to get this draft declaration, which Mr. Valpy had made—the time is fixed in my memory, in consequence of this business respecting the mar
<lb/>riage—that fixed it on my mind indelibly—had not that marriage happened on that, day, I should not have recollected; but that brought it to my mind distinctly—it was fixed on my memory in consideration of some considerable conversation taking place about the marriage—I had gone repeatedly before that to Mr. Wood's, and I never did go there till 11.30—I had been in
<lb/>formed the day previous that I was to have a sort of holiday, that I had merely this business to do, and I could have the rest of the day to myself; but I did not get it—I had to wait such a long time.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-80" type="witnessName">
<interp inst="t18710109-name-80" type="gender" value="male"/>
<interp inst="t18710109-name-80" type="surname" value="MARTIN"/>
<interp inst="t18710109-name-80" type="given" value="THOMAS"/>THOMAS MARTIN</persName> </hi>. I was at one time a member of the firm of Martin, Best & Co., fur manufacturers—I had business with Mr. Francis Lamb, in August last—I remember going there on 4th August, on two occasions—the first time was at 11 o'clock—I saw the clerk Quinlan, but not Mr. Lamb—he was not in—I left, and went into the City to see Messrs. Digby & Sharp, solicitors—I saw Mr. Sharp, and then went through Leadenhall Market, to make out the time, so as to get back to Mr. Lamb's at 1 o'clock, as I had understood from the clerk that he would be disengaged at 1 o'clock—I got back about five minutes to 1 o'clock, and the clerk said Mr. Lamb's brother was with him—I saw Mr. Bailey in the outer office—I had seen him once or twice before, and we entered into conversation respecting a kind of game which they call tennis bats—I should think I waited in the outer office ten minutes to a quarter of an hour—I then saw Mr. Arthur Lamb come out of the office—I should think it was from about 1.10 or 1.15, and on that Mr. Bailey went in, and I still waited to see Mr. Lamb.</p>
<hi rend="italic">Cross-examined.</hi> I will swear it was not 12.20 the second time I called—my attention was first called to this about three weeks ago, I should think—I don't know that I talked this over with Mr. Bailey—there might have been some conversation—I have a distinct recollection of the 4th August from certain circumstances—there may have been something said about this with Mr. Bailey at Mr. Lamb's office three weeks ago, I really don't remember—I was merely asked, three weeks ago, whether I remembered the 4th August, and I said certainly I did—I really don't remember that my attention was called to this particular charge against Mr. Arthur Lamb—we did not talk much about it—it is possible my attention might have been called to that—I really can't swear to it—I don't know that Mr. Bailey called my attention to it particularly—I don't consider that he did—he never called my attention to it—I can't tell you whether Mr. Lamb asked me the question if I remembered the 4th August—I believe he asked me if I remembered it, but Mr. Bailey never did—I was asked about it at</p>
<xptr type="pageFacsimile" doc="187101090033"/>
<p>Mr. Lamb's office when I called about some other business—he did not say at the time that it was with a view of giving evidence to day—I don't know whether Quinlan was there at the time Mr. Lamb mentioned it to me—I don't think Mr. Bailey was there—I can't remember—he was never there but one time—we had no conversation about it three weeks ago—I don't remember whether Mr. Bailey was there then—Mr. Lamb's was there and the clerk in the office—before I went to Mr. Lamb's, on 4th August, I had been at my own office—I left my own office at 10.30 precisely, and I walked from there to Mr. Lamb's—I intended seeing Mr. Lamb the first thing in the morning, to see him as he came to his office—he was not there, and then I went down into the City and saw Mr. Sharp, before 12 o'clock—I made no memorandum as to the time—I have a memorandum in my pocket, which calls ray attention to it most particularly—it is Digby & Sharp's bill—that stamps me particularly—I shall never forget it—I think I was led to the slaughter on that day—I won't say by whom, but I believe by Digby & Sharp—I was there on the 3rd, and I went back on the 4th to ask Mr. Lamb to take my case up for me—I generally go to my office at 10.30, as regularly as the clock—I got the papers from Digby & Sharp and made up my mind to take them to Mr. Francis Lamb, who kindly said he would pick up the case for me, and I met him coming out of his office at 4 o'clock precisely, by my own watch.</p>
<hi rend="italic">Re-examined.</hi> I don't recollect any conversation with Mr. Bailey three weeks ago, about the 4th August—I remember the conversation with him about the tennis bats that day most pointedly—I have not a particle of doubt as to the time I left my office that morning, or that I saw Mr. Francis Lamb about 1 o'clock, and I planned that I should get back to Mr. Lamb's—it was a matter of vast, importance to me, and I believe I got back there, if I remember right, and I think I can remember right, about 12.55.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-81" type="witnessName">
<interp inst="t18710109-name-81" type="gender" value="male"/>
<interp inst="t18710109-name-81" type="surname" value="HALL"/>
<interp inst="t18710109-name-81" type="given" value="GEORGE HALL"/>GEORGE HALL HALL</persName> </hi>. I am an articled clerk to Mr. Francis Lamb—I remember the 4th August—I had to go to Kensington that morning, to examine some deeds—my appointment there was 10.30, at the London and County Bank—I was there about an hour, comparing the deeds with the abstract—I walked part of the way back and then got on an omnibus to the bottom of Chancery Lane, and I arrived at the office in Bedford Row about 12.30—I walked from Chancery Lane to Bedford Row—I saw Mr. Witt, the accountant, there—I attended to some business of his—I have a back room, which opens into the clerks' office—Mr. Francis Lamb's private room is the front room—the clerks' office is in the middle, and mine is at the back—I made an entry at the time with reference to Mr. Witt's business—I have the diary here—persons in Quinlan's office would not be visible to me in my room when the door was shut.</p>
<hi rend="italic">Cross-examined.</hi> It was 12.30 when I came back to the office—I then went into my own room, and was at work there—I did not sec Mr. Arthur Lamb.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-82" type="witnessName">
<interp inst="t18710109-name-82" type="gender" value="male"/>
<interp inst="t18710109-name-82" type="surname" value="LAMB"/>
<interp inst="t18710109-name-82" type="given" value="FRANCIS"/>FRANCIS LAMB</persName> </hi>. I am a solicitor, and brother of the prisoner—I re
<lb/>member the 4th August—I have refreshed my memory by my diary, which I have here—referring to this entry I am certain I must have seen Mr. Martin and the other persons who have been mentioned on that day—I cannot accurately fix the time, but I should say it would be at the time they mention, it was as near 1 o'clock as possible, I should think, when my brother was with me—I remember that he was with me a considerable</p>
<xptr type="pageFacsimile" doc="187101090034"/>
<p>time on that day; I cannot accurately say how long, but I should say twenty minutes or more, possibly.</p>
<hi rend="italic">Cross-examined.</hi> There is nothing in the diary about my brother; it would not be entered, because it was not about business that I saw him; it was on a private matter of his own—I see his name in the call-book on that particular day—that is not the only thing that calls it to my memory; I recollect the conversation that I had with him on that particular day—I find I must have been late at the office, because I see I was engaged in the City in the morning, and that would take me away during the time those persons called in the first part of the day—Mr. Bailey's name appears first here—this entry is only roughed out by my clerk; the entry itself is made by me at the end of the day—he takes the call-book and roughs them out; that would be no criterion of the time the persons came there, although he would probably be the first person I saw—this "Re Wilson" is in the clerk's handwriting; "Ibbetson" is in mine—then the clerk has written "Attending Mr. Bailey on his action"—that is all he would know, and I added these words "And bringing me draft declaration, as brought to me by Captain Ibbetson's solicitor, and conferring thereon, and writing to Dr. Valpy," all that is in my writing, and the next item is "Attending Mr. Martin"—I do not make the skeleton of the entries—in all probability I should put down "Ibbetson," either the following morning, or if I have time, before I leave in the evening—the clerk would enter them as he finds the names in the book, and leave me to fill in what I saw the client about—the first thing is the name "Wilson," that is in the clerk's handwriting; that would be written on the next morning when he makes up his book for the day, taking it from the call-book, or it might have been in the after
<lb/>noon if he had time.</p>
<hi rend="italic">Re-examined.</hi> The first person I saw on business that day was Mr. Bailey—that was immediately after my brother had left—I have no earthly doubt that the persons there named were there that day—I saw Mr. Martin twice that day, I met him as I was going out of my office.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-83" type="witnessName">
<interp inst="t18710109-name-83" type="gender" value="male"/>
<interp inst="t18710109-name-83" type="surname" value="REYNOLDS"/>
<interp inst="t18710109-name-83" type="given" value="GEORGE WILLIAM MCARTHUR"/>GEORGE WILLIAM MCARTHUR REYNOLDS</persName> </hi>. I am the father-in-law of the prisoner—he has been married to my daughter five years and a half—when they married I agreed to allow them 300
<hi rend="italic">l</hi>. a year, up to the amount of 2000
<hi rend="italic">l</hi>., and I have done so—I have lived on intimate and affectionate terms with him and my daughter ever since their marriage—they dined with me regularly two or three times a week—I knew his affairs perfectly well—of course when he first married he had scarcely any practice, because he was only just called to the bar, but for the last two or three years he has been getting on very well; he has written several legal handy-books which have produced him money, and he may have made 130
<hi rend="italic">l</hi>., 140
<hi rend="italic">l</hi>., or 150
<hi rend="italic">l</hi>., a year, or something of that sort, besides what I have allowed him—he has not been living in a style more than would be supported by that income—I always thought they lived in a most moderate and economical style—they have lived in Tollington Road about two years—he was in town, and visiting me during September and October—his character has been every
<lb/>thing that could be desired—I have known him twelve or fourteen years, and know his handwriting—I should say this receipt was decidedly not his handwriting.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you know of his being in any difficulty, or under pres
<hi rend="italic">A.</hi> No, not at all—I did not know of his correspondence with Mr. Shee respecting some claim against him, I never heard of it.</p>
<xptr type="pageFacsimile" doc="187101090035"/>
<hi rend="smallCaps">MR. GIFFARD</hi>.
<hi rend="italic">Q.</hi> Did you know of any dispute about rent?
<hi rend="italic">A.</hi> No, I never beard of it; if he had applied to me for any sum of money I would have advanced it to him at once, if he had been in any embarrassment.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-84" type="witnessName">
<interp inst="t18710109-name-84" type="gender" value="male"/>
<interp inst="t18710109-name-84" type="surname" value="REYNOLDS"/>
<interp inst="t18710109-name-84" type="given" value="FREDERICK"/>FREDERICK REYNOLDS</persName> </hi>. I am a medical man, and a member of the Col
<lb/>lege of Surgeons, of 16, Lothbury Villas, Tollington Park—I am the prisoner's brother-in-law—I saw this receipt last night; it is decidedly not the prisoner's handwriting.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-85" type="witnessName">
<interp inst="t18710109-name-85" type="gender" value="male"/>
<interp inst="t18710109-name-85" type="surname" value="CURLING"/>
<interp inst="t18710109-name-85" type="given" value="HENRY ONSLOW"/>HENRY ONSLOW CURLING</persName> </hi>. I am a solicitor—I have known the prisoner fifteen years; I have become acquainted with his handwriting during that time, and know it perfectly—I have been shown the receipt, a photograph of which is before me—it is decidedly not the prisoner's writing; it does not bear the slightest resemblance to it.</p>
<hi rend="italic">Cross-examined.</hi> I have received letters from him, and have also em
<lb/>ployed him for the purpose of preparing conveyances; I have attended at his chambers, and I have seen him make alterations in them.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Had he any clerk?
<hi rend="italic">A.</hi> He had a clerk, a boy; I can't say whether he was his clerk, he was a clerk in the office who opened the door, and when I asked if Mr. Lamb was at home he told me he was.</p>
<hi rend="italic">Re-examined.</hi> I have frequently been at his chambers, sometimes two or three times a week—there arc two entrances to them, both on the second and third floors—the chambers are very peculiar in this way; Mr. Lamb's name happened to be on the second floor, and he used to sit in a room on the third floor; the approach from the second to the third floor is by means of a stair
<lb/>case, which has been cut through the ceiling, and Mr. Lamb seeing you in his own room on the third floor, for convenience sake would show you out of the doorway on the third floor, so that you would not have to retrace your steps through the second floor—anybody calling upon him might go to the third floor at once, without passing from the second floor to the third; I have done so myself.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-86" type="witnessName">
<interp inst="t18710109-name-86" type="gender" value="male"/>
<interp inst="t18710109-name-86" type="surname" value="DOWERS"/>
<interp inst="t18710109-name-86" type="given" value="HENRY PERCY"/>HENRY PERCY DOWERS</persName> </hi>. I live at 8, Grafton Place, Euston Square, and am clerk to Mr. Eden, of Gray's Inn Square—I have known Mr. Lamb between four and five years—I have seen his handwriting on many occa
<lb/>sions; I have seen him write, and have seen letters from him, and have become acquainted with his handwriting—I have been shown the receipt; to the best of my belief, it is certainly not in the handwriting of Mr. Lamb.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-87" type="witnessName">
<interp inst="t18710109-name-87" type="gender" value="male"/>
<interp inst="t18710109-name-87" type="surname" value="TRUSCOTT"/>
<interp inst="t18710109-name-87" type="given" value="NEWTON"/>NEWTON TRUSCOTT</persName> </hi>. I am a clerk in the Admiralty—I have a great deal to do with handwriting—I have known the prisoner ten years intimately—I have had an immense number of opportunities of seeing his handwriting—I have examined this receipt, and have formed a very decided judgment that it is not in his handwriting.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-88" type="witnessName">
<interp inst="t18710109-name-88" type="gender" value="male"/>
<interp inst="t18710109-name-88" type="surname" value="MACKENZIE"/>
<interp inst="t18710109-name-88" type="given" value="LAWRENCE"/>LAWRENCE MACKENZIE</persName> </hi>. I have attended to the study of handwriting as a person of skill—I have examined the receipt in question, together with the letter of 30th August, and this morning I have seen the five additional letters produced—I have also seen the draft letter to Mr. Walpole, found on the prisoner—I have examined all those documents carefully with a view to form a judgment whether the receipt was written by the prisoner, and the judgment I have arrived at is, that the receipt and the letters were written by two different persons.</p>
<hi rend="italic">Cross-examined.</hi> I am an expert, and carry on business at Featherstone Buildings, Holborn—I have not appeared in Court before as an expert—this is the first time—I am a lithographer—I have been called on to give an opinion with reference to handwriting by Messrs. Torr and Co., solicitors,</p>
<xptr type="pageFacsimile" doc="187101090036"/>
<p>of Bedford Row, about two months ago; and on another occasion—I forget the name—it is some time since, in Lincoln's Inn Fields—five years since; and I once had to go to Norwich—I know Mr. Netherclift and Mr. Chabot—they are generally considered the most experienced gentlemen in that line of business, and they are looked on as such—I heard them give evidence—I saw this document on Friday last, and examined it with several letters—not all—part I saw this morning—in the first instance I examined it with the letter to Mr. Walpole, and this draft letter—I have compared the draft letter with Mr. Walpole's letter—there are slight differences, not consider
<lb/>able, but still the character of the writing is the same.</p>
<hi rend="italic">Re-examined.</hi> There are two other gentlemen, Mr. Ray and Mr. Mattison, who practice as experts—Mr. Mattison has retired, I believe—I was not aware that Mr. Ray had.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-89" type="witnessName">
<interp inst="t18710109-name-89" type="gender" value="male"/>
<interp inst="t18710109-name-89" type="surname" value="FRANKLIN"/>
<interp inst="t18710109-name-89" type="given" value="JAMES"/>JAMES FRANKLIN</persName> </hi>. I am an officer in Her Majesty's 6th Regiment of Foot—I have known the prisoner twelve years—I have had frequent oppor
<lb/>tunities of seeing his handwriting, during the last five years particularly—I have formed a judgment as to whether this receipt is in his handwriting or not—I say it is not.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-90" type="witnessName">
<interp inst="t18710109-name-90" type="gender" value="male"/>
<interp inst="t18710109-name-90" type="surname" value="REYNOLDS"/>
<interp inst="t18710109-name-90" type="given" value="GEORGE KOSSUTH"/>GEORGE KOSSUTH REYNOLDS</persName> </hi>. I have known the prisoner almost all my life—he is my brother-in-law—I have had frequent opportunities of observing his handwriting—I have received letters from him—I have lived with him—I have seen his legal documents, and read them—I should say this receipt is certainly not in his handwriting, any more than it is mine.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-91" type="witnessName">
<interp inst="t18710109-name-91" type="gender" value="male"/>
<interp inst="t18710109-name-91" type="surname" value="LEA"/>
<interp inst="t18710109-name-91" type="given" value="HENRY"/>HENRY LEA</persName> </hi>. I am with Mr. Cotterill, of 54, Chancery Lane—I have known the prisoner since 1865—I have frequently seen his writing—I say this receipt is certainly not his handwriting.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-92" type="witnessName">
<interp inst="t18710109-name-92" type="gender" value="male"/>
<interp inst="t18710109-name-92" type="surname" value="HALL"/>
<interp inst="t18710109-name-92" type="given" value="GEORGE HALL"/>GEORGE HALL HALL</persName> </hi> (
<hi rend="italic">re-examined.</hi>) I have had frequent opportunities of seeing the prisoner's handwriting during a period of two years and a half—I think this receipt is not his handwriting.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-93" type="witnessName">
<interp inst="t18710109-name-93" type="gender" value="female"/>
<interp inst="t18710109-name-93" type="surname" value="LAMB"/>
<interp inst="t18710109-name-93" type="given" value="JANE"/>JANE LAMB</persName> </hi>. I am the prisoner's sister-in-law—I have known him about twelve years—I have had frequent opportunities of seeing his handwriting for the last five years—I saw this receipt on Friday last—I think it is not his handwriting.</p>
<hi rend="italic">Rev. E. S. May, D.D., incumbent of St. Andrew's, Hastings, Rev. F. bachelor, chaplain of H.M. Prisons, The Right Rev. Archbishop Manning, and eleven other gentlemen, deposed to the prisoner's good character.</hi> </p>
<rs id="t18710109-107-verdict-1" type="verdictDescription">
<interp inst="t18710109-107-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18710109-107-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of receiving.</hi> </rs>
<hi rend="italic">Strongly recommended to mercy by the Jury, on account of his previous good character, and also by the prosecutors—
<rs id="t18710109-107-punishment-14" type="punishmentDescription">
<interp inst="t18710109-107-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18710109-107-punishment-14" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-107-18710109 t18710109-107-punishment-14"/>Nine Months' Imprisonment.</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, January</hi> 10
<hi rend="italic">th</hi>, 1871.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18710109-108">
<interp inst="t18710109-108" type="uri" value="sessionsPapers/18710109"/>
<interp inst="t18710109-108" type="date" value="18710109"/>
<join result="criminalCharge" id="t18710109-108-charge-1" targOrder="Y" targets="def1-108-18710109 t18710109-108-offence-1 t18710109-108-verdict-1"/>
<persName id="def1-108-18710109" type="defendantName">
<interp inst="def1-108-18710109" type="gender" value="male"/>
<interp inst="def1-108-18710109" type="age" value="20"/>
<interp inst="def1-108-18710109" type="surname" value="WEBB"/>
<interp inst="def1-108-18710109" type="given" value="AMOS HENRY"/>
<hi rend="largeCaps">AMOS HENRY WEBB</hi> (20)</persName>,
<hi rend="smallCaps">
<rs id="t18710109-108-verdict-1" type="verdictDescription">
<interp inst="t18710109-108-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18710109-108-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18710109-108-offence-1" type="offenceDescription">
<interp inst="t18710109-108-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18710109-108-offence-1" type="offenceSubcategory" value="mail"/>to stealing a post letter, the property of
<persName id="t18710109-name-95" type="victimName">
<interp inst="t18710109-name-95" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18710109-108-offence-1 t18710109-name-95"/>Her Majesty's Postmaster-General</persName></rs>
<hi rend="italic">He received a good character—
<rs id="t18710109-108-punishment-15" type="punishmentDescription">
<interp inst="t18710109-108-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18710109-108-punishment-15" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-108-18710109 t18710109-108-punishment-15"/>Five Years' Penal Servitude.</rs> </hi> And</p> </div1>
<div1 type="trialAccount" id="t18710109-109">
<interp inst="t18710109-109" type="uri" value="sessionsPapers/18710109"/>
<interp inst="t18710109-109" type="date" value="18710109"/>
<join result="criminalCharge" id="t18710109-109-charge-1" targOrder="Y" targets="def1-109-18710109 t18710109-109-offence-1 t18710109-109-verdict-1"/>
<persName id="def1-109-18710109" type="defendantName">
<interp inst="def1-109-18710109" type="gender" value="male"/>
<interp inst="def1-109-18710109" type="age" value="17"/>
<interp inst="def1-109-18710109" type="surname" value="ANKER"/>
<interp inst="def1-109-18710109" type="given" value="BENJAMIN JOHN"/>
<hi rend="largeCaps">BENJAMIN JOHN ANKER</hi> (17)</persName>
<rs id="t18710109-109-offence-1" type="offenceDescription">
<interp inst="t18710109-109-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18710109-109-offence-1" type="offenceSubcategory" value="mail"/>, to a like offence—</rs>
<hi rend="italic">He received a very excellent character.
<rs id="t18710109-109-punishment-16" type="punishmentDescription">
<interp inst="t18710109-109-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18710109-109-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-109-18710109 t18710109-109-punishment-16"/>Two Years' Imprisonment</rs>.</hi>
<rs id="t18710109-109-verdict-1" type="verdictDescription">
<interp inst="t18710109-109-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18710109-109-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty:see original trial image]</rs> </p> </div1>
<div1 type="trialAccount" id="t18710109-110">
<interp inst="t18710109-110" type="uri" value="sessionsPapers/18710109"/>
<interp inst="t18710109-110" type="date" value="18710109"/>
<join result="criminalCharge" id="t18710109-110-charge-1" targOrder="Y" targets="def1-110-18710109 t18710109-110-offence-1 t18710109-110-verdict-1"/>
<persName id="def1-110-18710109" type="defendantName">
<interp inst="def1-110-18710109" type="gender" value="male"/>
<interp inst="def1-110-18710109" type="age" value="30"/>
<interp inst="def1-110-18710109" type="surname" value="MAWE"/>
<interp inst="def1-110-18710109" type="given" value="THOMAS"/>
<interp inst="def1-110-18710109" type="occupation" value="letter examiner in post office"/>
<hi rend="largeCaps">THOMAS MAWE</hi> (30)</persName>, was indicted
<rs id="t18710109-110-offence-1" type="offenceDescription">
<interp inst="t18710109-110-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18710109-110-offence-1" type="offenceSubcategory" value="mail"/> for a like offence.</rs> </p>
<hi rend="smallCaps">MESSRS. METCALFE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">SLADE</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. COLLINS</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18710109-name-98" type="witnessName">
<interp inst="t18710109-name-98" type="gender" value="male"/>
<interp inst="t18710109-name-98" type="surname" value="HEWITT"/>
<interp inst="t18710109-name-98" type="given" value="THOMAS"/>THOMAS HEWITT</persName> </hi>. I am inspector of letter carriers, at the post-office, in</p>
<xptr type="pageFacsimile" doc="187101090037"/>
<p>Vere Street—the prisoner has been employed there some yearn—his duty was to examine the letters for the suburban towns—on the evening of 16th December he commenced examining letters at 5 o'clock—the fixed time for the bag to leave the office was 5.20, and it left at 5.24—after the bag was made up, I saw him leave the table with some letters in his hand—he went to the other end of the office, and dropped two into the dead-letter box, and put a third into his pocket—a letter, addressed to Leatherhead, should be put into the bag for the General Post Office, leaving at 5.20—the prisoner had examined the letters, and tied up the bundle for that bag—he then went to another sorting-table, and commenced sorting the letters for ex
<lb/>delivery—he had been there two or three minutes, when I called him aside, and said "Mawe, you have just put a letter into your pocket, which is a very improper thing for you to do in the office, even if the letter is your own"—he muttered something—I understood him to say "I have"—he seemed very much confused—I said "Show it to me"—he took it from his pocket and gave it to me—it was this letter for Leatherhead, which should have been dispatched at 5.20—I said "You must go with me to the post
<lb/>master's room"—it is addressed "Miss C. Grays, H. Barclay, Esq., East
<lb/>wich Park, Leatherhead"—it was unopened, and bore the stamp of that day—it contained 3
<hi rend="italic">s</hi>., wrapped in wool—the prisoner went with me to the post
<lb/>master's room, and I reported the circumstances to the postmaster, who gave the prisoner in charge—he admitted putting it into his pocket, but said it was with no dishonest intention—if the prisoner had discovered that it contained coin, his duty was to give it to me, or to one of the assistants, or to have emptied it into one of the coin letter-boxes, that it might be registered; if he did not do that he should have sent it by the dispatch which had then been gone ten minutes—the prisoner went up to the coin letter-box, but did not put a letter in—he stopped close to it to speak to a letter-carrier, with this letter in his hand—he might have touched it—it was after that that he went to the dead-letter box—it was his duty to put letters in there.</p>
<hi rend="italic">Cross-examined.</hi> He put the letter into his outside breast-pocket—he wore a uniform coat, with an open pocket—there is no flap to it—he ought to have dropped it into the coin letter-box—nearly 100 people were in the office—he was eight or nine yards from me when he put the letter into his pocket—after that he came back, and commenced sorting at another table, for the next delivery—I made the same statement to the solicitor, word for word, which I made to the Magistrate—the prisoner has been in the employment about five years—I was not aware that he was under medical treatment—he had been under Dr. Harris, the post-office doctor, just before this—I do not know that he had had leave of absence; but there are so many of us I cannot tell.</p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Did the letter-carrier who he spoke to come to him?
<hi rend="italic">A.</hi> No, the prisoner went to the letter-carrier, who was close to the box, spoke to him, and went on to the Dead Letter box with the letter in his hand—the letter-box is about ten yards from the dead letter-box, and the sorting table to which he returned is about seven yards distant—he then went on sorting for the next delivery—I was close to him when he com
<lb/>menced the other duty—he might have given the letter to me—two assist
<lb/>ant overseers were in the room; and if he had given it to either of them it would have been correct—he did not say that he took it for the purpose of registration—I understood him to say "I have."</p>
<xptr type="pageFacsimile" doc="187101090038"/>
<hi rend="smallCaps">
<persName id="t18710109-name-99" type="witnessName">
<interp inst="t18710109-name-99" type="gender" value="male"/>
<interp inst="t18710109-name-99" type="surname" value="SEGRAVE"/>
<interp inst="t18710109-name-99" type="given" value="O'NEIL"/>O'NEIL SEGRAVE</persName> </hi>. I am a gentleman, of 21, Dorset Square—this letter is my writing—I posted it in Craufurd Street on 14th December, about 4 o'clock in the afternoon—it is addressed to my daughter, and contained three shillings, wrapped up in cotton—it is in the same state in which I posted it.</p>
<hi rend="italic">Cross-examined.</hi> I did not register it, as I was in a hurry.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-100" type="witnessName">
<interp inst="t18710109-name-100" type="gender" value="male"/>
<interp inst="t18710109-name-100" type="surname" value="PAYNE"/>
<interp inst="t18710109-name-100" type="given" value="WILLIAM"/>WILLIAM PAYNE</persName> </hi>. I am a letter-carrier at the western office—I was em
<lb/>ployed sorting on the day in question—the prisoner came up to me in the evening, on or about that day, and to the best of my recollection asked me whether I knew the name that a card or letter was addressed to—it was addressed "Gilbert Street" alone, without any locality—that was one of the letters put into the dead letter box—the prisoner would put it in there, after he had endorsed it.</p>
<hi rend="italic">Cross-examined.</hi> There is a great deal to do to get the bags off.</p>
<hi rend="italic">The Prisoner's Statement before the Magistrate</hi>: "All that I have to say is that I certainly placed the letter in my pocket; but I did not do so with any bad intention. I never did it wilfully, for I did not want for anything."</p>
<hi rend="italic">The prisoner received a good character.</hi> </p>
<hi rend="smallCaps">
<rs id="t18710109-110-verdict-1" type="verdictDescription">
<interp inst="t18710109-110-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18710109-110-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18710109-111">
<interp inst="t18710109-111" type="uri" value="sessionsPapers/18710109"/>
<interp inst="t18710109-111" type="date" value="18710109"/>
<join result="criminalCharge" id="t18710109-111-charge-1" targOrder="Y" targets="def1-111-18710109 t18710109-111-offence-1 t18710109-111-verdict-1"/>
<join result="criminalCharge" id="t18710109-111-charge-2" targOrder="Y" targets="def2-111-18710109 t18710109-111-offence-1 t18710109-111-verdict-1"/>
<join result="criminalCharge" id="t18710109-111-charge-3" targOrder="Y" targets="def3-111-18710109 t18710109-111-offence-1 t18710109-111-verdict-2"/>
<persName id="def1-111-18710109" type="defendantName">
<interp inst="def1-111-18710109" type="gender" value="female"/>
<interp inst="def1-111-18710109" type="age" value="26"/>
<interp inst="def1-111-18710109" type="surname" value="DAVIS"/>
<interp inst="def1-111-18710109" type="given" value="MARIA"/>
<hi rend="largeCaps">MARIA DAVIS</hi> (26)</persName>,
<persName id="def2-111-18710109" type="defendantName">
<interp inst="def2-111-18710109" type="gender" value="female"/>
<interp inst="def2-111-18710109" type="age" value="56"/>
<interp inst="def2-111-18710109" type="surname" value="HANDY"/>
<interp inst="def2-111-18710109" type="given" value="ANN"/>
<hi rend="largeCaps">ANN HANDY</hi> (56)</persName>, and
<persName id="def3-111-18710109" type="defendantName">
<interp inst="def3-111-18710109" type="gender" value="male"/>
<interp inst="def3-111-18710109" type="age" value="26"/>
<interp inst="def3-111-18710109" type="surname" value="HANDY"/>
<interp inst="def3-111-18710109" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE HANDY</hi> (26)</persName>
<rs id="t18710109-111-offence-1" type="offenceDescription">
<interp inst="t18710109-111-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18710109-111-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery on
<persName id="t18710109-name-104" type="victimName">
<interp inst="t18710109-name-104" type="gender" value="male"/>
<interp inst="t18710109-name-104" type="surname" value="D'ALBERO"/>
<interp inst="t18710109-name-104" type="given" value="FRANCOIS"/>
<interp inst="t18710109-name-104" type="occupation" value="superintendent of the stables"/>
<join result="offenceVictim" targOrder="Y" targets="t18710109-111-offence-1 t18710109-name-104"/>Francois D'Albero</persName>, and stealing from his person 40
<hi rend="italic">l</hi>., in gold, one 100-franc gold piece, and one forty-franc gold piece, his property.
<hi rend="italic">Other Counts</hi>—charging
<hi rend="largeCaps">ANN</hi>and
<hi rend="largeCaps">GEORGE HANDY</hi> with feloniously harbouring the said Maria Davis, well knowing her to have committed the said felony.</rs> </p>
<hi rend="smallCaps">MR. BRINDLEY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18710109-name-105" type="witnessName">
<interp inst="t18710109-name-105" type="gender" value="male"/>
<interp inst="t18710109-name-105" type="surname" value="D'ALBERO"/>
<interp inst="t18710109-name-105" type="given" value="FRANCOIS"/>FRANCOIS D'ALBERO</persName> </hi> (
<hi rend="italic">Through an Interpreter.</hi>) I am superintendent of the stables of Prince Aquila, at the Mews, Grosvenor Square—on 23rd Decem
<lb/>ber, about 1 o'clock in the morning, I was at the Shakespeare public-house, near the Victoria Station, and saw the prisoner Davis there—she took me in a cab to a a street—I do not know the name of it—I went into a house with her, and into a parlour—I had in my trowsers pocket a red Russian
<hi rend="italic">porte monnaie</hi>, containing 100 francs, in gold, a forty-franc piece, and 40
<hi rend="italic">l</hi>. in gold; and I wore a pin—I was standing up with Davis when she twice passed a handkerchief before my mouth, and I found myself quite giddy—I afterwards found myself lying on a sofa, and saw Ann Handy warming herself by the fire-place—she said to me "Get away, get away"—I said "No," tapping my pocket, and putting my finger where my pin had been—my purse and pin were gone—she went out and fetched the male prisoner, George, who said "Get away, get away"—I was afraid, because he had a stick in his hand, and I withdrew, holding a chair in my hand before me—I left the chair there and went out and spoke to a policeman, by signs, and showed him my card—he took a cab and told the driver to go, and I was taken home—I had taken overnight just a drop more than usual; but I had all my recollection and my senses of what took place—this 100-franc piece and forty-franc piece (
<hi rend="italic">produced</hi>) are the same; they belong to me—I have had the 100-franc piece six months—this (
<hi rend="italic">produced</hi>) is my pin.</p>
<hi rend="italic">Davis. Q.</hi> Did not you say that you would call again for the French coin?
<hi rend="italic">A.</hi> No; I do not speak English at all.</p>
<hi rend="italic">Ann Handy.</hi> I never spoke to you.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-106" type="witnessName">
<interp inst="t18710109-name-106" type="gender" value="male"/>
<interp inst="t18710109-name-106" type="surname" value="WHITE"/>
<interp inst="t18710109-name-106" type="given" value="SQUIRE"/>SQUIRE WHITE</persName> </hi> (
<hi rend="italic">Detective Officer B.</hi>) On the night of 27th December, about 6.30, I went with the prosecutor to 29, Cambridge Terrace—I knocked</p>
<xptr type="pageFacsimile" doc="187101090039"/>
<p>at the door, Davis answered it—I said "Do you know that man?" (
<hi rend="italic">painting to the prosecutor</hi>)—she made no answer, but walked into the parlour—I fol
<lb/>lowed her, with the prosecutor, and Detective Taylor and an interpreter—I began searching the room—Davis had this purse in her hand—I asked her what she had got there—the male prisoner, who was present, said "That money is mine, it is what my wife has earned by prostitution"—Ann Handy was there, and a man not in custody, and a female—the prisoners are re
<lb/>lated, they are mother, son, and daughter—I said to George "Who is your wife?"—he pointed to the female not in custody, and said "Her"—she then said "It is my money"—George Handy said "No; 1
<hi rend="italic">l</hi>. of it is mine, 2
<hi rend="italic">l</hi>. is yours"—Maria then said "It is my money"—I took the purse, counted the money, and found 10
<hi rend="italic">l</hi>. in English gold, 11
<hi rend="italic">s</hi>. in silver, and a penny—I told the three prisoners they must consider themselves in my custody, for robbing the prosecutor of 40
<hi rend="italic">l</hi>., and other property—on the way to the sta
<lb/>tion Maria said "It is no use telling you a lie, it is what he gave me to have connection with me in different ways"—I asked her how much; she said "All you have got"—after they were charged at the station, Maria, who was sitting on a bench separate from the other two prisoners, dropped this key (
<hi rend="italic">produced</hi>)—I then went back to the house, searched the front room thoroughly, and in a basket under the window I found the life-pre
<lb/>server, covered up with some old clothes—I went into a back room occupied by a young man not in custody, and unlocked two drawers of a chest with the key which Maria dropped at the station, and found a quantity of female's under-clothing; also a black jacket and a Paisley shawl—I unfolded the shawl and shook it, and these two pocket-handkerchiefs fell out containing 22
<hi rend="italic">l</hi>. in English gold, a 100-franc piece, and a 40-franc piece, which the pro
<lb/>secutor identifies—there were some red stains and some white powder on the handkerchiefs—to the best of my belief I have seen Davis wearing this shawl and this black jacket—the landlady said, in the prisoners' presence, that the front room was occupied by the two female prisoners, and the ante-room by the male prisoner, who was about to leave in a week—I have known Davis living there eight or nine months.</p>
<hi rend="italic">Prisoner George Handy. Q.</hi> Did not I answer the door the first time you came?
<hi rend="italic">A.</hi> Yes. I said I wanted to see Maria Davis, and asked her to come and have something to drink; she shut the door, and said she could not as she had some friends there. I then came again with the prosecutor.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-107" type="witnessName">
<interp inst="t18710109-name-107" type="gender" value="male"/>
<interp inst="t18710109-name-107" type="surname" value="TAYLOR"/>
<interp inst="t18710109-name-107" type="given" value="WILLIAM"/>WILLIAM TAYLOR</persName> </hi> (
<hi rend="italic">Detective Officer B.</hi>) I was with White and the prose
<lb/>cutor—after the prisoners were charged I searched the place where the male prisoner had sat on the couch, and found this packet of pawn-tickets, one of which relates to the pin.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-108" type="witnessName">
<interp inst="t18710109-name-108" type="gender" value="male"/>
<interp inst="t18710109-name-108" type="surname" value="CLARKE"/>
<interp inst="t18710109-name-108" type="given" value="THOMAS"/>THOMAS CLARKE</persName> </hi>. I am assistant to Mr. Haywood, a pawnbroker, of Vauxhall Road—I proved this pin, it was pledged on the morning of the 23rd December, by, I believe, the prisoner Davis; but she had a dark jacket or cape on.</p>
<hi rend="italic">Davis</hi>. I never was in the shop.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-109" type="witnessName">
<interp inst="t18710109-name-109" type="gender" value="female"/>
<interp inst="t18710109-name-109" type="surname" value="COSTEN"/>
<interp inst="t18710109-name-109" type="given" value="CHARLOTTE"/>CHARLOTTE COSTEN</persName> </hi>. I live at 29, Cambridge Terrace—the two female prisoners lodge in the front parlour, and the male prisoner occupied a room behind—on Thursday night, 22nd December, I heard a disturbance in the house; I had been disturbed before by the mother and daughter quarrelling, and therefore did not get up—I heard someone go from the back room to the front.</p>
<hi rend="italic">Prisoner George. Q.</hi> There are two back rooms?
<hi rend="italic">A.</hi> Yes—I cannot say</p>
<xptr type="pageFacsimile" doc="187101090040"/>
<p>whether you were there that night—you occupied a small room down three steps, and I heard someone come up those steps—the other back room is not down steps—I have known you six months—you bear a good character.</p>
<hi rend="smallCaps">MR. BRINDLEY</hi>.
<hi rend="italic">Q.</hi> Was it a man's step, or a woman's?
<hi rend="italic">A.</hi> I cannot say—I heard the front parlour door and the street door slammed—the prisoners have latch-keys—they were about the house as usual, next morn
<lb/>ing—Davis has occasionally worn a black jacket and a Paisley shawl—a room adjoining the front parlour, was occupied by a young man—there was a chest of drawers in that room—he and Davis, I believe, know each other, and he allowed her to use two of those drawers—she kept her things there, I believe—I have never seen the life-preserver before—I left the house before 6 o'clock the next morning, and the door was bolted, which was an unusual thing—I always go out first.</p>
<hi rend="italic">Davids statement before the Magistrate was that the prosecutor gave her the money for a certain purpose, and that her mother and brother were not there. Ann Handy's statement was that the prosecutor was very drunk when he came in, and that she never went into the parlour till past</hi> 3
<hi rend="italic">o'clock in the morning. George Handy's statement was that he was in bed, and heard somebody walking backwards and forwards, and did not get up, and saw nothing of it.</hi> </p>
<hi rend="italic">Davis Defence.</hi> I am perfectly innocent. The gentleman gave me the money, and said he would call again for the foreign coin.</p>
<hi rend="italic">Ann Handy's Defence.</hi> He was very drunk. I never saw him afterwards.</p>
<hi rend="italic">George Bandy's Defence.</hi> I was in bed by 12.30, and in about an hour I heard a knocking at the door, but never got out of my bed till 7 o'clock. My mother and I know nothing of it. I work hard for my living, as the landlady knows.</p>
<hi rend="largeCaps">DAVIS</hi>
<hi rend="italic">and</hi>
<hi rend="largeCaps">ANN HANDY</hi>
<hi rend="smallCaps">
<rs id="t18710109-111-verdict-1" type="verdictDescription">
<interp inst="t18710109-111-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18710109-111-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18710109-111-punishment-17" type="punishmentDescription">
<interp inst="t18710109-111-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18710109-111-punishment-17" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-111-18710109 t18710109-111-punishment-17"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-111-18710109 t18710109-111-punishment-17"/>Eighteen Months' Imprisonment each</rs>.</hi> </p>
<hi rend="largeCaps">GEORGE HANDY</hi>
<rs id="t18710109-111-verdict-2" type="verdictDescription">
<interp inst="t18710109-111-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18710109-111-verdict-2" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>,
<hi rend="italic">as an accessary after the fact.</hi> </rs>
<hi rend="italic"> He was further charged with a previous conviction at this Court, in November</hi> 1868,
<hi rend="italic">of feloniously uttering counterfeit coin, to which he</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">
<rs id="t18710109-111-punishment-18" type="punishmentDescription">
<interp inst="t18710109-111-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18710109-111-punishment-18" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-111-18710109 t18710109-111-punishment-18"/>Eighteen Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18710109-112">
<interp inst="t18710109-112" type="uri" value="sessionsPapers/18710109"/>
<interp inst="t18710109-112" type="date" value="18710109"/>
<join result="criminalCharge" id="t18710109-112-charge-1" targOrder="Y" targets="def1-112-18710109 t18710109-112-offence-1 t18710109-112-verdict-1"/>
<join result="criminalCharge" id="t18710109-112-charge-2" targOrder="Y" targets="def2-112-18710109 t18710109-112-offence-1 t18710109-112-verdict-1"/>
<join result="criminalCharge" id="t18710109-112-charge-3" targOrder="Y" targets="def3-112-18710109 t18710109-112-offence-1 t18710109-112-verdict-1"/>
<persName id="def1-112-18710109" type="defendantName">
<interp inst="def1-112-18710109" type="gender" value="male"/>
<interp inst="def1-112-18710109" type="age" value="18"/>
<interp inst="def1-112-18710109" type="surname" value="BROWN"/>
<interp inst="def1-112-18710109" type="given" value="PATRICK"/>
<hi rend="largeCaps">PATRICK BROWN</hi> (18)</persName>,
<persName id="def2-112-18710109" type="defendantName">
<interp inst="def2-112-18710109" type="gender" value="male"/>
<interp inst="def2-112-18710109" type="age" value="24"/>
<interp inst="def2-112-18710109" type="surname" value="PRENDERVILLE"/>
<interp inst="def2-112-18710109" type="given" value="MICHAEL"/>
<hi rend="largeCaps">MICHAEL PRENDERVILLE</hi> (24)</persName>, and
<persName id="def3-112-18710109" type="defendantName">
<interp inst="def3-112-18710109" type="gender" value="male"/>
<interp inst="def3-112-18710109" type="age" value="22"/>
<interp inst="def3-112-18710109" type="surname" value="RAMSAY"/>
<interp inst="def3-112-18710109" type="given" value="DAVID"/>
<hi rend="largeCaps">DAVID RAMSAY</hi> (22)</persName>
<rs id="t18710109-112-offence-1" type="offenceDescription">
<interp inst="t18710109-112-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18710109-112-offence-1" type="offenceSubcategory" value="burglary"/>, Burglariously breaking and entering the dwelling-house of
<persName id="t18710109-name-113" type="victimName">
<interp inst="t18710109-name-113" type="gender" value="male"/>
<interp inst="t18710109-name-113" type="surname" value="WHITBREAD"/>
<interp inst="t18710109-name-113" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18710109-112-offence-1 t18710109-name-113"/>Thomas Whitbread</persName>, and stealing therein 17
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>., in money, his property.</rs> </p>
<hi rend="smallCaps">MR. BRINDLEY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18710109-name-114" type="witnessName">
<interp inst="t18710109-name-114" type="gender" value="male"/>
<interp inst="t18710109-name-114" type="surname" value="GOSS"/>
<interp inst="t18710109-name-114" type="given" value="JAMES"/>JAMES GOSS</persName> </hi>. I am barman at the "Coach and Horses," Kensington—on the morning of 18th December, I came down about 6.45, and found that someone had entered the house by the back window, which was safe when I went to bed, at 12.15—I missed 10
<hi rend="italic">s</hi>. in coppers, and 6
<hi rend="italic">s</hi>. or 7
<hi rend="italic">s</hi>. in threepenny and fourpenny pieces, which had been in a glass on the mantelshelf, and some packets of shillings—anyone who came into the bar could see them—they were safe when I went to bed—I know Brown—he was the last to leave the house the night before—he left at 12 o'clock, just as we closed—the other two prisoners were there also, but they left before him—the money belonged to Mr. Whitbread—the fourpenny piece (
<hi rend="italic">produced</hi>) is rather smooth at the edge—I noticed that when I put it into the glass the night before, and it had a black speck in the middle, on the head side, but that has got rubbed off, if this is it—I believe it is one of the coins I put into the glass the night before, but I should not like to swear to it—the barman showed it to me the next morning, there was ft spot on it then—it is a</p>
<xptr type="pageFacsimile" doc="187101090041"/>
<p>sash window, with a catch at the meeting bar, which was left unfastened—the house is in the parish of St. Mary Abbott, Kensington.</p>
<hi rend="italic">Ramsay. Q.</hi> Was I with these two prisoners?
<hi rend="italic">A.</hi> No; I did not see you at all.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-115" type="witnessName">
<interp inst="t18710109-name-115" type="gender" value="male"/>
<interp inst="t18710109-name-115" type="surname" value="TAYLOR"/>
<interp inst="t18710109-name-115" type="given" value="WILLIAM"/>WILLIAM TAYLOR</persName> </hi>. I am a barman at the "Coach and Horses"—about 11.15 on this evening Brown came in with Prenderville, and called for a pint of ale—Brown gave me this fourpenny piece (
<hi rend="italic">produced</hi>—I showed it to Goss, who put it one side.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-116" type="witnessName">
<interp inst="t18710109-name-116" type="gender" value="male"/>
<interp inst="t18710109-name-116" type="surname" value="MORGAN"/>
<interp inst="t18710109-name-116" type="given" value="DANIEL"/>DANIEL MORGAN</persName> </hi> (
<hi rend="italic">Policeman T</hi> 55). On Thursday morning, 15th De
<lb/>cember, I saw the three prisoners in High Street, Kensington, nearly opposite the "Coach and Horses," between 1.15 and 1.30—the houses were closed—I heard Prenderville say to Brown "Have you any money?"—he said "No"—Prenderville said "I must have some to get a pot in the morn
<lb/>ing"—I told them they must go home, it was an unseasonable time to be out in the street—Prenderville said "Don't be cross, mate, for we are all hard up"—they stood talking a few minutes among themselves, and I told them again to go away—they went towards the "Coach and Horses," and I went round my beat.</p>
<hi rend="italic">Prenderville. Q.</hi> In what state was I?
<hi rend="italic">A.</hi> You had been drinking, but you were not drunk.</p>
<hi rend="italic">Ramsay.</hi> I believe the "Coach and Horses" is situated at the top of the buildings where I live, and therefore I must pass it?
<hi rend="italic">Witness.</hi> If you live there, you must pass it.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-117" type="witnessName">
<interp inst="t18710109-name-117" type="gender" value="male"/>
<interp inst="t18710109-name-117" type="surname" value="BROWN"/>
<interp inst="t18710109-name-117" type="given" value="JOHN"/>JOHN BROWN</persName> </hi> (
<hi rend="italic">Policeman T</hi> 137). On 14th December, I was on duty in Jennings' Buildings about midnight, and saw Prenderville and Ramsay standing by the "Cumberland" public-house, nearly opposite the "Coach and Horses"—Brown came up in front of Jennings' Buildings, and stood and looked both ways—I said "What's up to-night, Brown, have you got another swindle on to-night?"—he said "No, I have turned all that up"—he crossed the road and joined the other two prisoners at the "Cumberland" public-house—I went on my beat, and saw them all again about 1.15., after the public-houses were closed, standing near the "Coach and Horses"—I saw them again about 3 o'clock, coming from Jennings' Buildings, from the direction of the "Coach and Horses"—they went towards Knighbtsbridge—the "Coach and Horses" is almost in the centre of Jennings' Buildings.</p>
<hi rend="italic">Ramsay. Q.</hi> Do you know me to be a bad character, or to be convicted?
<hi rend="italic">A.</hi> No—I have seen you before, many a time.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-118" type="witnessName">
<interp inst="t18710109-name-118" type="gender" value="male"/>
<interp inst="t18710109-name-118" type="surname" value="SIMPSON"/>
<interp inst="t18710109-name-118" type="given" value="JAMES"/>JAMES SIMPSON</persName> </hi>. I live in Jennings' Buildings, Kensington—my wall joins the prosecutor's—on 15th December, between 1 and 2 o'clock, I heard a noise, got up, looked out, and saw a man with a white jacket, who, to the best of my belief, was Brown, standing on the water-closet of my house—he passed my back door, and walked through into Palace Place—he called to some person on the other side, and called him a b——y long s——.</p>
<hi rend="italic">Brown.</hi> You swore it was a man with a white slop, and mine is a jacket?
<hi rend="italic">Witness.</hi> It is what I call a slop—I had no light but the moon.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-119" type="witnessName">
<interp inst="t18710109-name-119" type="gender" value="male"/>
<interp inst="t18710109-name-119" type="surname" value="KELIBER"/>
<interp inst="t18710109-name-119" type="given" value="JOHN"/>JOHN KELIBER</persName> </hi>. I live in Jennings' Buildings—I was at the "Coach and Horses," on 14th December, between 11 and 12 o'clock—Brown came in, and said it would be a nice
<hi rend="italic">spree</hi>, pointing to ten stacks of coppers on the mantelshelf, done up in parcels—I said "That would not last you long"—he said "Look at all the threepenny
<hi rend="italic">bits</hi> and sixpenny
<hi rend="italic">bits</hi> in the glasses"—they were on the mantelpiece in front of the bar—I said "There is not above 5
<hi rend="italic">s</hi>. worth there," and left the house—I went over to</p>
<xptr type="pageFacsimile" doc="187101090042"/>
<p>the "Duke of Cumberland," and Brown came in after me—I also saw Prenderville and Ramsay there, and Brown spoke to them—on the Friday week before this Wednesday, Brown asked me if I would get him a poker—I asked him what he wanted it for—he said "To get into the Coach"—I understood him to mean the "Coach and Horses"—I said "I cannot get one"—five or six others stood about, and heard him say so—I told another
<hi rend="italic">chap</hi> after the robbery.</p>
<hi rend="italic">Brown. Q.</hi> Did you say anything about the poker at Hammersmith?
<hi rend="italic">A.</hi> No, it was not asked for—I have known you all my life; we live close together.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-120" type="witnessName">
<interp inst="t18710109-name-120" type="gender" value="male"/>
<interp inst="t18710109-name-120" type="surname" value="DIMMOND"/>
<interp inst="t18710109-name-120" type="given" value="WASHINGTON"/>WASHINGTON DIMMOND</persName> </hi>. I am porter at Kensington Workhouse—on Wednesday, 14th December, Ramsay and Prenderville were discharged from the workhouse, and on the following Friday Ramsay was re
<lb/>admitted—I had heard of the robbery, and said "What have you been up to this time?"—he said "Prenderville has forced his way into the 'Coach and Horses,' and has taken from 15
<hi rend="italic">s</hi>. to 16
<hi rend="italic">s</hi>."—I said "What a foolish fellow he is; this is the second time he has done it."</p>
<hi rend="italic">Ramsay. Q.</hi> Did I say that he had forced his way in, or did I say I had heard that he had?
<hi rend="italic">A.</hi> You told me that Prenderville had done it.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-121" type="witnessName">
<interp inst="t18710109-name-121" type="gender" value="male"/>
<interp inst="t18710109-name-121" type="surname" value="RICHARDSON"/>
<interp inst="t18710109-name-121" type="given" value="BARTHOLOMEW"/>BARTHOLOMEW RICHARDSON</persName> </hi>. I am an inmate of Kensington Workhouse—on a Friday, about 16th or 17th December, a boy began to talk about the robbery at the "Coach and Horses," and Ramsay said "What do you know about it?"—the boy said "I was there when Prenderville was taken"—Ramsay said "If you were there you don't know much about it; I know more about it than you do; I know all about it"—the boy said "He was taken for a sixpenny-piece"—Ramsay said "No, it was not, it was a fourpenny-piece; but you could hardly recognize it between a three-penny-piece and a fourpenny-piece; it was a very black one; the landlord marked it because he could not tell which it was"—after that Ramsay said that the robbery was committed about 2 o'clock in the night—previous to that he said that the landlord was in the habit of putting some money away overnight, for the cook—10
<hi rend="italic">s</hi>. worth of coppers, and the fourpenny-piece was put among those coppers, for the use of the house next day.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-122" type="witnessName">
<interp inst="t18710109-name-122" type="gender" value="male"/>
<interp inst="t18710109-name-122" type="surname" value="DALY"/>
<interp inst="t18710109-name-122" type="given" value="JAMES"/>JAMES DALY</persName> </hi> (
<hi rend="italic">Detective Officer T.</hi>) I took Brown on the evening of the 15th, at the "Cumberland Arms"—I told him the charge; he said "All right, I will go with you quiet," and he advised Prenderville, who was taken at the same time, to go quietly—when we got outside the door, Brown said "I will make it b——warm for those b—'s who
<hi rend="italic">rounded</hi> on me"—there was tremendous cursing and swearing both by him and Prenderville—Brown said "There were three of us in it; you have only got two of us; you have come too Lite for the money, I have just got one b——fourpence, let me spend this and I don't care"—he afterwards said "I will never
<hi rend="italic">round</hi>, I will
<hi rend="italic">best</hi> you; I will make the most of my time in the stone-yard"—when he was locked up he called to me and said "Would you like to have some good cigars, I have had some good fourpenny ones all day"—I took Ramsay next evening at the workhouse—I told him the charge—he said "All right," and came outside the gate and said "I expect it is that job at 2 o'clock in the morning you want us for"—I said "Yes"—he said "Oh, Mr. b——
<hi rend="italic">Tiger rounded</hi> on me"—that is the name Prenderville is known by—he was taken to the station.</p>
<hi rend="italic">Ramsay. Q.</hi> You buy in your depositions that I said that I knew</p>
<xptr type="pageFacsimile" doc="187101090043"/>
<p>nothing about it?
<hi rend="italic">A.</hi> Yes, you that in the workhouse—I did not say that Prenderville and Brown had
<hi rend="italic">rounded</hi> on you; but you said that they were no
<hi rend="italic">pals</hi>, they had
<hi rend="italic">rounded.</hi> </p>
<hi rend="smallCaps">
<persName id="t18710109-name-123" type="witnessName">
<interp inst="t18710109-name-123" type="gender" value="male"/>
<interp inst="t18710109-name-123" type="surname" value="O'HEARN"/>
<interp inst="t18710109-name-123" type="given" value="ROBERT"/>ROBERT O'HEARN</persName> </hi> (
<hi rend="italic">Police Sergeant</hi> T. I took Prenderville at the "Cum
<lb/>berland," and told him it was for breaking into the "Coach and Horses," and stealing 15
<hi rend="italic">s</hi>. or 16
<hi rend="italic">s</hi>.—he got into a violent passion, and said God strike him b——blind, if he had a revolver he would shoot the b——who
<hi rend="italic">rounded</hi> on him—he was partially drunk—before I heard of the robbery I saw Brown and Prenderville together, going from one public-house to another, half drunk—on 23rd December, at the second hearing, I was at the Police Court, standing at the cell doors; two female prisoners were put into the cell adjoining that in which Brown and Ramsay were—the female prisoners asked Brown "How is
<hi rend="italic">Poll</hi>?"—he said "She is all right"—he swore an oath that he did not care about his mother and his whole family if she was all right—he said "We were all three in it; Ramsay pushed me up the wall, and Preuderville was looking out for the
<hi rend="italic">slop"</hi>—I called Pike, another officer, but nothing more was said except "We were all three in it," and they commenced dancing and singing, and swearing in an awful manner.</p>
<hi rend="italic">Brown. Q.</hi> How can you tell who it was when three men were in the cell?
<hi rend="italic">A.</hi> I knew your voices well; I have known you all for years.</p>
<hi rend="italic">Ramsay. Q.</hi> How long have you known me?
<hi rend="italic">A.</hi> Between six and seven years; it is more than four years, for I had you in custody five years ago for breaking into Kensington Workhouse.</p>
<hi rend="italic">Ramsay.</hi> That is only two yearn ago?
<hi rend="italic">Witness.</hi> That was the second time you broke in—you have just come from Paris—you went there with another man, who has been shot.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">W. DIMMOND</hi>.
<hi rend="italic">Q.</hi> Has the workhouse been broken open twice?
<hi rend="italic">A.</hi> Once since I have been there, which is three years.</p>
<hi rend="italic">Brown's Defence.</hi> I was not with these prisoners at all. I did not speak to them. I was with Jack Swift, and when the house was closed I went home. I did not like to wake my mother up, and slept on the stairs, and Prenderville said "It is no use going to bed now; I have a job for you in the morning." He took me to Co vent Garden at 3 o'clock, and when he came back he went into Cumberland Street and had some ale; he said nothing about the fourpenny-piece. Does it stand to reason that if I had stolen the money I should have taken it to the house to change it.</p>
<hi rend="italic">Prenderville's Defence.</hi> I was drinking on the night in question, with Ramsay, having some half-pence saved up for Christmas, and got drunk. I asked Brown to go to Covent Garden with me, and we were going there when the constable met us. I had no money.</p>
<hi rend="italic">Ramsay's Defence.</hi> I was drinking with Prenderville, and when the house closed we separated, and I went home. I was not with them after 1 o'clock, and know nothing about the affair.</p>
<hi rend="smallCaps">
<rs id="t18710109-112-verdict-1" type="verdictDescription">
<interp inst="t18710109-112-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18710109-112-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">Brown** was further charged with having been convicted in April</hi>, 1868,
<hi rend="italic">and Prenderville** in December</hi>, 1869,
<hi rend="italic">to which they both</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi>.</p>
<hi rend="largeCaps">BROWN</hi>
<hi rend="italic">and</hi>
<hi rend="largeCaps">PRENDERVILLE</hi>
<hi rend="italic">
<rs id="t18710109-112-punishment-19" type="punishmentDescription">
<interp inst="t18710109-112-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18710109-112-punishment-19" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-112-18710109 t18710109-112-punishment-19"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-112-18710109 t18710109-112-punishment-19"/>Seven Years' Penal Servitude each</rs>.</hi> </p>
<hi rend="largeCaps">RAMSAY</hi>**—
<hi rend="italic">
<rs id="t18710109-112-punishment-20" type="punishmentDescription">
<interp inst="t18710109-112-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18710109-112-punishment-20" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-112-18710109 t18710109-112-punishment-20"/>Five Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18710109-113">
<interp inst="t18710109-113" type="uri" value="sessionsPapers/18710109"/>
<interp inst="t18710109-113" type="date" value="18710109"/>
<join result="criminalCharge" id="t18710109-113-charge-1" targOrder="Y" targets="def1-113-18710109 t18710109-113-offence-1 t18710109-113-verdict-1"/>
<persName id="def1-113-18710109" type="defendantName">
<interp inst="def1-113-18710109" type="gender" value="male"/>
<interp inst="def1-113-18710109" type="age" value="38"/>
<interp inst="def1-113-18710109" type="surname" value="SMITHKMAN"/>
<interp inst="def1-113-18710109" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS SMITHKMAN</hi> (38)</persName>
<rs id="t18710109-113-offence-1" type="offenceDescription">
<interp inst="t18710109-113-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18710109-113-offence-1" type="offenceSubcategory" value="forgery"/>, Feloniously forging and uttering a bill of exchange for 4
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., with intent to defraud.</rs> </p>
<hi rend="smallCaps">MR. POWELL</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. STRAIGHT</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18710109-name-125" type="witnessName">
<interp inst="t18710109-name-125" type="gender" value="male"/>
<interp inst="t18710109-name-125" type="surname" value="PHILPOT"/>
<interp inst="t18710109-name-125" type="given" value="CHARLES DAWSON"/>CHARLES DAWSON PHILPOT</persName> </hi>. I am manager to the Imperial Bank, South</p>
<xptr type="pageFacsimile" doc="187101090044"/>
<p>Kensington Branch, and was so in November—on 22nd November the pri
<lb/>soner opened an account there, and about six days after he brought me some bills; these produced are two of them, this one for 24
<hi rend="italic">l</hi>. is drawn by T. J. Smitheman, in the prisoner's writing; it is not endorsed, the trans
<lb/>action was not completed—this other bill for 67
<hi rend="italic">l</hi>. 5
<hi rend="italic">l</hi>. 4
<hi rend="italic">d</hi>. is in the prisoner's writing, and endorsed by him—he asked me to place them to his credit—I said that his account was small, and had only been there six days, and I considered it much too soon to do so—he said he wanted the accommoda
<lb/>tion particularly, if I could oblige him, and being pressed, I said I would put the smaller one to his credit, provided the names were good—he left me to make my own inquiries, and they turned out good, so far as the character of the persons was concerned, and their solvency; but the transaction was never completed; it was never placed to his credit—it was not endorsed—the 24
<hi rend="italic">l</hi>. bill was passed through my book provisionally; but I was not bound by that, it was simply a guiding entry—it was not entered in the ledger—I entered 24
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.; but the entry was made in error, and scored out at once—the prisoner gave time for letters to pass, and called again in a day or two; I told him the inquiry as to the character of the people was satisfactory, and he left—I next saw him when I went to his place, a few hours after, to inform him I had discovered that the bills were forgeries; he said "Oh! are they? they must have forgotten accepting them"—I said "It is hardly likely a person would accept a bill and forget it; you had better see the acceptors, and clear yourself"—he said he would do so, and I left him—I kept the bills.</p>
<hi rend="italic">Cross-examined. Q.</hi> The defendant originally had an account at the Suburban Bank?
<hi rend="italic">A.</hi> Yes; be afterwards came to our bank, I do not know why—when I first saw him about the bills he had about 47
<hi rend="italic">l</hi>. to his credit, and he paid in more afterwards—he made a suggestion about securities which he was anxious to meet at the end of the week; it was therefore very probably Thursday, or it might have been Wednesday—he did not tell me that he had a large contract going on in Cornwall Gardens—I went to his place, it is a regular tiler's shop—he was introduced to our bank—we were to hold the other bill as collateral security, and place this one to his credit—he did not say that it would be some 7
<hi rend="italic">l</hi>. or 3
<hi rend="italic">l</hi>. more than he had to his credit—he mentioned 15
<hi rend="italic">l</hi>.—the 15
<hi rend="italic">l</hi>. he mentioned did not relate to 15
<hi rend="italic">l</hi>. which he expected would be paid to his account by Mr. Wilkins on Satur
<lb/>day—the bank does not prosecute this case.</p>
<hi rend="smallCaps">MR. POWELL</hi>.
<hi rend="italic">Q.</hi> Do you know anything about his account at the Subur
<lb/>ban Bank?
<hi rend="italic">A.</hi> He showed me his book; but that was confidential.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-126" type="witnessName">
<interp inst="t18710109-name-126" type="gender" value="male"/>
<interp inst="t18710109-name-126" type="surname" value="WILKINS"/>
<interp inst="t18710109-name-126" type="given" value="JOHN"/>JOHN WILKINS</persName> </hi>. I am a builder, of 2, Westmoreland Place, Pimlico—I have known the prisoner four or five years, during which time he has often worked for me—he worked for me last September, in Stanhope Gardens, and Cornwall Gardens, South Kensington—I arranged to pay him cash for the greater portion of the work, but I did not require a certain portion for five or six months—he suggested doing it all at once, that he might do it cheaper—I said "I have no objection, but as I do not want the work done yet, you must take a bill"—I did not give him a bill, but he asked me for cash in October, and I gave him a cheque for 14
<hi rend="italic">l</hi>.—his account for the work done was, I think, 14
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>.—the acceptance of this bill for 24
<hi rend="italic">l</hi>. is not signed by me, or by my authority, nor does it resemble my writing in the slightest—I have never in my life authorized a person to accept a</p>
<xptr type="pageFacsimile" doc="187101090045"/>
<p>bill for me—I paid these cheques (
<hi rend="italic">produced</hi>) to the prisoner—he sent me this letter (
<hi rend="italic">produced</hi>) from the House of Detention.</p>
<hi rend="italic">Cross-examined.</hi> I have accepted one hill for this man—I do not owe him a shilling, he owes me 1
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>. 7 1/2
<hi rend="italic">d</hi>., for he is bound to make his work satisfactory, and he has not done so—he has done a great deal of work for me at Stanhope Gardens—he has a shop at 144, Brompton Road—he has worked for others—I do not bank at the Imperial Bank, but at the National, Pimlico Branch—I did not know that he banked at the Imperial—I knew that he once banked at the Suburban.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-127" type="witnessName">
<interp inst="t18710109-name-127" type="gender" value="male"/>
<interp inst="t18710109-name-127" type="surname" value="BARRETT"/>
<interp inst="t18710109-name-127" type="given" value="WILLIAM"/>WILLIAM BARRETT</persName> </hi>. I am a joiner, of 4, Gloucester Terrace, Kensington Gate—I have known the prisoner six or seven years—I have lent him money, and have allowed him to pass money through my bank, and have given him cheques for cash—these cheques (
<hi rend="italic">produced</hi>) are signed by me—the prisoner has given me money for them for his convenience to transmit to the country, and I have lent him money by cheque—these are the genuine cheques which I gave him—the endorsements to them are in his writing—he was acquainted with my writing through these cheques—the acceptance to this bill for 67
<hi rend="italic">l</hi>. is not my writing—I have not accepted a bill these twenty years, and never authorized any person to do so for me—I last saw the prisoner on the day the inquiry was made about the 60
<hi rend="italic">l</hi>.—he came to my house, and lifted up his hands and said "I am sorry, I am sorry I have done it, you have been a good friend to me"—his wife came first, and went down on her knees and begged I would forgive him—I knew the prisoner was speaking about the bill—he came to my house for the purpose—he did not give any reason for doing it—this acceptance does not exactly resemble my writing, but it is an imitation—I cannot say that it is the prisoner's writing, it does not resemble his thoroughly.</p>
<hi rend="italic">Cross-examined.</hi> There is no difference between the "Barrett" on these cheques and in this signature—I have made some of the cheques payable to Mrs. Smitheman—I have known him six or seven years as a respectable, honest tradesman, conducting his business respectably—Saturday is a day on which money is often paid in to people's accounts—I do not recollect his telling me on the day he came to my premises that when he left the bill at the bank he had 59
<hi rend="italic">l</hi>. to his account—he told me he had asked the bankers to send him 10
<hi rend="italic">l</hi>. or 12
<hi rend="italic">l</hi>., and that they told him he must give them some security.</p>
<hi rend="smallCaps">MR. POWELL</hi>.
<hi rend="italic">Q.</hi> Do you sign letters in the same way as cheques?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-128" type="witnessName">
<interp inst="t18710109-name-128" type="gender" value="male"/>
<interp inst="t18710109-name-128" type="surname" value="CATER"/>
<interp inst="t18710109-name-128" type="given" value="WILLIAM"/>WILLIAM CATER</persName> </hi>. I am clerk to Mr. George Powell, the solicitor for the prosecution—I went with Detective Watts to the prisoner's shop, some day in the middle of December—I had the prisoner's description, and saw him among others—I said "Is Mr. Smitheman in?"—he said "I am one of them"—I said "Mr. Thomas Smitheman?"—he said "My name is John"—I asked him where Mr. Thomas Smitheman was—he said "At Brighton," and he would not return for three days—I asked him if he knew Mr. Wilkins—he said that they were doing a great deal of work for him—I asked him who attended to the work—he said "Mr. Thomas"—I was at the police-station, and heard the prisoner ask Mr. Wilkins to withdraw the charge—he said that he merely placed the bills there as security, not for discount, and if it had not been for the banker it would never have been heard of, as he should have taken them up before they fell due.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-129" type="witnessName">
<interp inst="t18710109-name-129" type="gender" value="male"/>
<interp inst="t18710109-name-129" type="surname" value="WATTS"/>
<interp inst="t18710109-name-129" type="given" value="WILLIAM"/>WILLIAM WATTS</persName> </hi> (
<hi rend="italic">Detective Officer.</hi>) I went to the prisoner's house on</p>
<xptr type="pageFacsimile" doc="187101090046"/>
<p>the evening of 19th December—I followed Curtis in, and heard the prisoner say "My name is John, there are three brothers of us. I know something about the bill; my brother has had some transactions with Mr. Wilkius, but he is at Brighton"—Curtis then left and returned with Mr. Wilkins, who said "That is the man, take him to the station"—I did so, and while in the dock he said to Mr. Wilkins "Do not go on with it, I only placed it there for security, not for discount; if it had not been for the bankers' clerk you would never have known anything about it, for I intended taking it up in two days."</p>
<hi rend="italic">Cross-examined.</hi> I have been to his premises—he keeps a tiler's shop—I know nothing against him.</p>
<hi rend="italic">The prisoner's letter to Mr. Wilkins, from the House of Detention, was only partially legible, it stated</hi>: "I humbly beg your pardon, hoping and trusting in your mercy upon me." "I pray you most earnestly to forgive me, and overlook this matter, and let me out so that I may get your work all done." "He made 1000 demurs about lending the few pounds, so I pulled out the two bills, and said 'Well, you may keep those until Saturday for better security.' "</p>
<hi rend="italic">The prisoner received a good character.</hi> </p>
<hi rend="smallCaps">
<rs id="t18710109-113-verdict-1" type="verdictDescription">
<interp inst="t18710109-113-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18710109-113-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Tuesday, January</hi> 10
<hi rend="italic">th</hi>, 1871.</p>
<hi rend="italic">Before
<persName id="t18710109-name-130" type="judiciaryName">
<interp inst="t18710109-name-130" type="gender" value="male"/>
<interp inst="t18710109-name-130" type="surname" value="KERR"/>
<interp inst="t18710109-name-130" type="given" value="ROBERT MALCOLM"/>Robert Malcolm Kerr</persName>, Esq.</hi> </p>
<div1 type="trialAccount" id="t18710109-114">
<interp inst="t18710109-114" type="uri" value="sessionsPapers/18710109"/>
<interp inst="t18710109-114" type="date" value="18710109"/>
<join result="criminalCharge" id="t18710109-114-charge-1" targOrder="Y" targets="def1-114-18710109 t18710109-114-offence-1 t18710109-114-verdict-1"/>
<persName id="def1-114-18710109" type="defendantName">
<interp inst="def1-114-18710109" type="gender" value="male"/>
<interp inst="def1-114-18710109" type="age" value="18"/>
<interp inst="def1-114-18710109" type="surname" value="JONES"/>
<interp inst="def1-114-18710109" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM JONES</hi> (18)</persName>,
<hi rend="smallCaps">
<rs id="t18710109-114-verdict-1" type="verdictDescription">
<interp inst="t18710109-114-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18710109-114-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18710109-114-offence-1" type="offenceDescription">
<interp inst="t18710109-114-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18710109-114-offence-1" type="offenceSubcategory" value="simpleLarceny"/>to stealing 48 yards of flannel, the property of
<persName id="t18710109-name-132" type="victimName">
<interp inst="t18710109-name-132" type="gender" value="male"/>
<interp inst="t18710109-name-132" type="surname" value="DALZIEL"/>
<interp inst="t18710109-name-132" type="given" value="DAVISON"/>
<join result="offenceVictim" targOrder="Y" targets="t18710109-114-offence-1 t18710109-name-132"/>Davison Dalziel</persName>, and another—</rs>
<hi rend="italic">
<rs id="t18710109-114-punishment-21" type="punishmentDescription">
<interp inst="t18710109-114-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18710109-114-punishment-21" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-114-18710109 t18710109-114-punishment-21"/>Eighteen Months' Imprisonment.</rs> </hi> And</p> </div1>
<div1 type="trialAccount" id="t18710109-115">
<interp inst="t18710109-115" type="uri" value="sessionsPapers/18710109"/>
<interp inst="t18710109-115" type="date" value="18710109"/>
<join result="criminalCharge" id="t18710109-115-charge-1" targOrder="Y" targets="def1-115-18710109 t18710109-115-offence-1 t18710109-115-verdict-1"/>
<persName id="def1-115-18710109" type="defendantName">
<interp inst="def1-115-18710109" type="gender" value="male"/>
<interp inst="def1-115-18710109" type="age" value="61"/>
<interp inst="def1-115-18710109" type="surname" value="VEVERS"/>
<interp inst="def1-115-18710109" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN VEVERS</hi> (61)</persName>
<rs id="t18710109-115-offence-1" type="offenceDescription">
<interp inst="t18710109-115-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18710109-115-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, To stealing two coats, one waistcoat, and three pairs of trowsers, the property of
<persName id="t18710109-name-134" type="victimName">
<interp inst="t18710109-name-134" type="gender" value="male"/>
<interp inst="t18710109-name-134" type="surname" value="CLARK"/>
<interp inst="t18710109-name-134" type="given" value="HENRY DEVERSON"/>
<join result="offenceVictim" targOrder="Y" targets="t18710109-115-offence-1 t18710109-name-134"/>Henry Deverson Clark</persName></rs>
<hi rend="italic">He received a good character—Recommended to mercy by the prose
<rs id="t18710109-115-punishment-22" type="punishmentDescription">
<interp inst="t18710109-115-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18710109-115-punishment-22" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-115-18710109 t18710109-115-punishment-22"/>Four Months' Imprisonment.</rs> </hi>
<rs id="t18710109-115-verdict-1" type="verdictDescription">
<interp inst="t18710109-115-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18710109-115-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs> </p> </div1>
<div1 type="trialAccount" id="t18710109-116">
<interp inst="t18710109-116" type="uri" value="sessionsPapers/18710109"/>
<interp inst="t18710109-116" type="date" value="18710109"/>
<join result="criminalCharge" id="t18710109-116-charge-1" targOrder="Y" targets="def1-116-18710109 t18710109-116-offence-1 t18710109-116-verdict-2"/>
<join result="criminalCharge" id="t18710109-116-charge-2" targOrder="Y" targets="def2-116-18710109 t18710109-116-offence-1 t18710109-116-verdict-2"/>
<join result="criminalCharge" id="t18710109-116-charge-3" targOrder="Y" targets="def3-116-18710109 t18710109-116-offence-1 t18710109-116-verdict-1"/>
<persName id="def1-116-18710109" type="defendantName">
<interp inst="def1-116-18710109" type="gender" value="male"/>
<interp inst="def1-116-18710109" type="age" value="21"/>
<interp inst="def1-116-18710109" type="surname" value="ANDERSON"/>
<interp inst="def1-116-18710109" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM ANDERSON</hi> (21)</persName>,
<persName id="def2-116-18710109" type="defendantName">
<interp inst="def2-116-18710109" type="gender" value="male"/>
<interp inst="def2-116-18710109" type="age" value="18"/>
<interp inst="def2-116-18710109" type="surname" value="MURRAY"/>
<interp inst="def2-116-18710109" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES MURRAY</hi> (18)</persName>, and
<persName id="def3-116-18710109" type="defendantName">
<interp inst="def3-116-18710109" type="gender" value="male"/>
<interp inst="def3-116-18710109" type="age" value="17"/>
<interp inst="def3-116-18710109" type="surname" value="ROBINSON"/>
<interp inst="def3-116-18710109" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WIL
<lb/>LIAM ROBINSON</hi> (17)</persName>
<rs id="t18710109-116-offence-1" type="offenceDescription">
<interp inst="t18710109-116-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18710109-116-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing two pipes, the property of
<persName id="t18710109-name-138" type="victimName">
<interp inst="t18710109-name-138" type="gender" value="male"/>
<interp inst="t18710109-name-138" type="surname" value="BRETT"/>
<interp inst="t18710109-name-138" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18710109-116-offence-1 t18710109-name-138"/>John Brett</persName></rs>
<hi rend="largeCaps">ROBINSON</hi>
<hi rend="smallCaps">
<rs id="t18710109-116-verdict-1" type="verdictDescription">
<interp inst="t18710109-116-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18710109-116-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">He also</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to having been before convicted**—</hi>
<hi rend="italic">
<rs id="t18710109-116-punishment-23" type="punishmentDescription">
<interp inst="t18710109-116-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18710109-116-punishment-23" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-116-18710109 t18710109-116-punishment-23"/>Eighteen Months' Imprisonment.</rs> </hi> </p>
<hi rend="smallCaps">MR. LANGFORD</hi>,
<hi rend="italic">for the Prosecution, offered no evidence against Anderson and Murray.</hi> </p>
<hi rend="smallCaps">
<rs id="t18710109-116-verdict-2" type="verdictDescription">
<interp inst="t18710109-116-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18710109-116-verdict-2" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18710109-117">
<interp inst="t18710109-117" type="uri" value="sessionsPapers/18710109"/>
<interp inst="t18710109-117" type="date" value="18710109"/>
<join result="criminalCharge" id="t18710109-117-charge-1" targOrder="Y" targets="def1-117-18710109 t18710109-117-offence-1 t18710109-117-verdict-1"/>
<join result="criminalCharge" id="t18710109-117-charge-2" targOrder="Y" targets="def2-117-18710109 t18710109-117-offence-1 t18710109-117-verdict-1"/>
<persName id="def1-117-18710109" type="defendantName">
<interp inst="def1-117-18710109" type="gender" value="male"/>
<interp inst="def1-117-18710109" type="age" value="36"/>
<interp inst="def1-117-18710109" type="surname" value="FORD"/>
<interp inst="def1-117-18710109" type="given" value="ANDREW"/>
<hi rend="largeCaps">ANDREW FORD</hi> (36)</persName>, and
<persName id="def2-117-18710109" type="defendantName">
<interp inst="def2-117-18710109" type="gender" value="male"/>
<interp inst="def2-117-18710109" type="age" value="32"/>
<interp inst="def2-117-18710109" type="surname" value="GORMAN"/>
<interp inst="def2-117-18710109" type="given" value="JAMES"/>
<interp inst="def2-117-18710109" type="occupation" value="soldier"/>
<hi rend="largeCaps">JAMES GORMAN</hi> (32)</persName>
<rs id="t18710109-117-offence-1" type="offenceDescription">
<interp inst="t18710109-117-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18710109-117-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MESSRS. HORACE BROWN</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MEAD</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18710109-name-141" type="witnessName">
<interp inst="t18710109-name-141" type="gender" value="male"/>
<interp inst="t18710109-name-141" type="surname" value="LATTER"/>
<interp inst="t18710109-name-141" type="given" value="EDWARD"/>EDWARD LATTER</persName> </hi> (
<hi rend="italic">City Policeman</hi> 728). On the 9th December last I was in Great Tower Street, in plain clothes, about 5.15—I saw the two prisoners there, and watched them—Gorman went into the "City Arms" public-house, and Ford remained outside—when he came out they walked along East-cheap, and went to the post-office at the corner of Pudding Lane—Ford went into the office—I looked in, and I saw him put something down on the counter—I saw the clerk in the post-office give him some change and a stamp—I afterwards went into the post-office, and made a communication to the clerk, Alexander Skinner—in consequence of what I heard from him I followed the two prisoners as far us Fish Street Hill—I there met Pascoe, another officer, and with his assistance I took the prisoners to the station—Ford struggled very hard to get away, and tried to get his hand between the railings of the chapel in Fish Street Hill, and Pascoe took out of his hand</p>
<xptr type="pageFacsimile" doc="187101090047"/>
<p>two shillings and five penny pieces—I searched him at the station, and found a sealed envelope addressed "Pension Paymaster, Southampton"—there was a blank piece of note paper in it and a penny stamp—I received a counterfeit half-crown from Skinner—I found this purse and a farthing on Gorman.</p>
<hi rend="italic">Ford. Q.</hi> When you saw me on Tower Hill, was there anything remark
<lb/>able about me?
<hi rend="italic">A.</hi> I saw both of you loitering about, and I watched you—I saw you pass some money in the post-office—I did not hear you call for anything—I was outside—I went into the post-office afterwards, and when I came out I found you both walking up Fish Street Hill—I took you to the post-office, and said "Here is the man that passed the bad money"—the postmaster said "This is the man;" and he gave me the half-crown—I had never seen you before that night, to my knowledge.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-142" type="witnessName">
<interp inst="t18710109-name-142" type="gender" value="female"/>
<interp inst="t18710109-name-142" type="surname" value="HERNE"/>
<interp inst="t18710109-name-142" type="given" value="EMILY"/>EMILY HERNE</persName> </hi>. I am manager at the "City Arms" public-house, Great Tower Street—on 9th December Gorman came in and asked for 2
<hi rend="italic">d</hi>. worth of rum—I served him, and he tendered a bad half-crown from a purse—I bent it, and gave it him back—he left the rum and went away.</p>
<hi rend="italic">Gorman. Q.</hi> Are you quite certain I am the man?
<hi rend="italic">A.</hi> I firmly believe you to be the man—you had a brown coat on, and I noticed the colour of your moustache—I never saw you before, to my knowledge.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-143" type="witnessName">
<interp inst="t18710109-name-143" type="gender" value="male"/>
<interp inst="t18710109-name-143" type="surname" value="SKINNER"/>
<interp inst="t18710109-name-143" type="given" value="ALEXANDER"/>ALEXANDER SKINNER</persName> </hi>. I am assistant in the Branch Post Office in East-cheap—about 6 o'clock on the evening of 9th December Ford came in and asked for a penny stamp—he placed a half-crown on the counter; I took it up—I did not notice it was bad then, and I gave him 2
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>. change—I threw the half-crown into a compartment in the till by itself—I afterwards gave it to the constable—this is the same half-crown.</p>
<hi rend="italic">Ford. Q.</hi> When I came in was anyone else in the office?
<hi rend="italic">A.</hi> Yes; there was someone in front of the counter beside you—the constable came in about ten minutes after—he said "What has that man given you?"—I said "A half-crown"—he said "I think it is a bad one"—I looked at it, and saw it was a bad one, and gave it him.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-144" type="witnessName">
<interp inst="t18710109-name-144" type="gender" value="male"/>
<interp inst="t18710109-name-144" type="surname" value="WEBSTER"/>
<interp inst="t18710109-name-144" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This half-crown is bad.</p>
<hi rend="italic">Ford's Defence. I</hi> went to get a postage stamp, but I was not aware the half-crown was bad.</p>
<hi rend="italic">Gorman's Defence</hi>. I never had any bad money in my life. I have been in the army, and have only been out two or three months.</p>
<hi rend="smallCaps">
<rs id="t18710109-117-verdict-1" type="verdictDescription">
<interp inst="t18710109-117-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18710109-117-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>†—
<hi rend="italic">
<rs id="t18710109-117-punishment-24" type="punishmentDescription">
<interp inst="t18710109-117-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t18710109-117-punishment-24" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-117-18710109 t18710109-117-punishment-24"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-117-18710109 t18710109-117-punishment-24"/>Eighteen Months' Imprisonment each</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18710109-118">
<interp inst="t18710109-118" type="uri" value="sessionsPapers/18710109"/>
<interp inst="t18710109-118" type="date" value="18710109"/>
<join result="criminalCharge" id="t18710109-118-charge-1" targOrder="Y" targets="def1-118-18710109 t18710109-118-offence-1 t18710109-118-verdict-1"/>
<persName id="def1-118-18710109" type="defendantName">
<interp inst="def1-118-18710109" type="gender" value="male"/>
<interp inst="def1-118-18710109" type="age" value="25"/>
<interp inst="def1-118-18710109" type="surname" value="WILLIAMS"/>
<interp inst="def1-118-18710109" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM WILLIAMS</hi> (25)</persName>
<rs id="t18710109-118-offence-1" type="offenceDescription">
<interp inst="t18710109-118-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18710109-118-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing one wooden box, and 45 lbs. of tea, the property of
<persName id="t18710109-name-146" type="victimName">
<interp inst="t18710109-name-146" type="gender" value="male"/>
<interp inst="t18710109-name-146" type="surname" value="HARRIS"/>
<interp inst="t18710109-name-146" type="given" value="ALFRED"/>
<interp inst="t18710109-name-146" type="occupation" value="carrier"/>
<join result="offenceVictim" targOrder="Y" targets="t18710109-118-offence-1 t18710109-name-146"/>Alfred Harris</persName> and another.</rs> </p>
<hi rend="smallCaps">MR. LANGFORD</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. STRAIGHT</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18710109-name-147" type="witnessName">
<interp inst="t18710109-name-147" type="gender" value="male"/>
<interp inst="t18710109-name-147" type="surname" value="HERRAM"/>
<interp inst="t18710109-name-147" type="given" value="FREDERICK"/>FREDERICK HERRAM</persName> </hi>. I am a carman in the employment of Alfred Harris & Co., carriers, Nag's Head Court, Borough—on 23rd December, between 5 and 6 o'clock in the evening, I was in New Bridge Street, Black
<lb/>friars—I saw three men standing at the corner of Tudor Street—the prisoner was one of them—I saw one of the men leave the other two, and run along
<lb/>side of my van, and take a half chest of tea off the van—I pulled up as soon as possible, and jumped down—the was dropped the chest, and the prisoner picked it up, and went into No. 18, New Bridge Street—I took him with his hand on the cord—I took him by the collar—he asked me to let him go, as he was a
<hi rend="italic">pal</hi> of mine and came from the Kent Road—I had been him before—I held him till a constable came up—he said the box was</p>
<xptr type="pageFacsimile" doc="187101090048"/>
<p>dropped off between two cab horses, and laid by the kerb—I took him about twelve yards from the place where he picked the chest up.</p>
<hi rend="italic">Cross-examined.</hi> I have been round to see his wife since this—I knew where to go to because the policeman gave information where he lived—I went to see whether he was right or wrong, and to see whether he lived there or not—I have seen his wife before—I was not on terms of friendship with the prisoner and his wife—I had never spoken to them, that I am aware of—I knew his wife when I was a boy, on the railway, as guard behind a van—I did not know the man more than seeing him—I went twice to see his wife—I have no ill feeling against the man, and I merely went down to see if he was her husband—I had not had anything to drink on this evening—I had had a pint of beer for dinner—nothing after that—when I first saw the three men at the corner of Tudor Street, they were standing together—I saw one of them come alongside of my van—I turned round, and saw the chest of tea taken off—it was on the rail of the van—there was a
<hi rend="italic">'bus</hi> in front of me, and a cab behind, trying to pass—the cab did not run against my van, that I am aware of—the van was three or four doors beyond the place where the chest was found—I was obliged to pull up as soon as possible.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-148" type="witnessName">
<interp inst="t18710109-name-148" type="gender" value="male"/>
<interp inst="t18710109-name-148" type="surname" value="MILLER"/>
<interp inst="t18710109-name-148" type="given" value="JOHN GUSTAVUS"/>JOHN GUSTAVUS MILLER</persName> </hi>. I am messenger, at 18, New Bridge Street—I was coming out of that office on the night in question, and saw the prisoner on the step, struggling with the last witness—there was a chest of tea on the step—the last witness said to the prisoner "If you dare to attempt to get away I will murder you," and the prisoner stood perfectly still after that—he said he would be quiet if he did not try and throttle him, which he was very near doing—I went for a constable.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-149" type="witnessName">
<interp inst="t18710109-name-149" type="gender" value="male"/>
<interp inst="t18710109-name-149" type="surname" value="WEBB"/>
<interp inst="t18710109-name-149" type="given" value="HENRY"/>HENRY WEBB</persName> </hi> (
<hi rend="italic">City Policeman</hi> 492). On 23rd December, between 4 and 5 o'clock, I was coming along Tudor Street, towards New Bridge Street, and I saw a scuffle at the comer—as I turned the corner I saw the carman and the prisoner in the doorway of No. 18, and a chest of tea at their feet—the carman had got the prisoner by the collar—he said "This man has stole the chest of tea from my van, I shall charge him with that"—the prisoner said he did not steal it, his hand might have been on it—at the station he positively denied having anything to do with the chest of tea—I found this bag sown up with twine, and a knife on him.</p>
<hi rend="italic">Cross-examined.</hi> When I first saw them they were some little distance down Tudor Street—about four or five yards from the doorway of No. 18, New Bridge Street—Herram seemed greatly excited when I came up—the prisoner showed no violence when I was there.</p>
<hi rend="smallCaps">
<rs id="t18710109-118-verdict-1" type="verdictDescription">
<interp inst="t18710109-118-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18710109-118-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18710109-119">
<interp inst="t18710109-119" type="uri" value="sessionsPapers/18710109"/>
<interp inst="t18710109-119" type="date" value="18710109"/>
<join result="criminalCharge" id="t18710109-119-charge-1" targOrder="Y" targets="def1-119-18710109 t18710109-119-offence-1 t18710109-119-verdict-1"/>
<persName id="def1-119-18710109" type="defendantName">
<interp inst="def1-119-18710109" type="gender" value="male"/>
<interp inst="def1-119-18710109" type="age" value="50"/>
<interp inst="def1-119-18710109" type="surname" value="WHITE"/>
<interp inst="def1-119-18710109" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM WHITE</hi> (50)</persName>
<rs id="t18710109-119-offence-1" type="offenceDescription">
<interp inst="t18710109-119-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18710109-119-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, Stealing two salt cellars, four spoons, and two knives, the goods of
<persName id="t18710109-name-151" type="victimName">
<interp inst="t18710109-name-151" type="gender" value="male"/>
<interp inst="t18710109-name-151" type="surname" value="VALENTINE"/>
<interp inst="t18710109-name-151" type="given" value="WILLIAM"/>
<interp inst="t18710109-name-151" type="occupation" value="coffee-shop keeper"/>
<join result="offenceVictim" targOrder="Y" targets="t18710109-119-offence-1 t18710109-name-151"/>William Valentine</persName>.</rs> </p>
<hi rend="smallCaps">MR. LATIMER</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18710109-name-152" type="witnessName">
<interp inst="t18710109-name-152" type="gender" value="male"/>
<interp inst="t18710109-name-152" type="surname" value="SIMMONDS"/>
<interp inst="t18710109-name-152" type="given" value="THOMAS WILLIAM"/>THOMAS WILLIAM SIMMONDS</persName> </hi>. I am a waiter at Mr. Valentine's, who keeps a coffee-shop, 3, Salisbury Court, Fleet Street—I have known the prisoner about three months as a customer—he used to come in about twice a week, and during that time we have lost a great many things—on the 4th January he came in, and had a cup of tea and a loaf and butter—my master said something to me, and after the prisoner left I missed two salt cellars—I ran after the prisoner, and stopped him—I told him that my master wanted him—he said "Tell your master to come here"—I said "No, you will have to come over there"—he came back, and Mr. Valentine said "I daresay you</p>
<xptr type="pageFacsimile" doc="187101090049"/>
<p>know what I want you for?"—he said "No, I don't"—my master said "Oh, yes you do;" and the prisoner then took two salt cellars, four spoons, and two knives out of his pocket—I identified the two salt cellars, and the name of Valentine was marked on the spoons and knives—the prisoner said "Won't you forgive me?"—my master said "No, you have done it so many times before, I can't forgive you."</p>
<hi rend="italic">Prisoner. Q.</hi> Did you see me take the things out of the shop?
<hi rend="italic">A.</hi> No; I went round and counted them twice—there are eleven tables—you were sitting in No. 10—when I went out after you, you were standing outside the public-house—you took the salt cellars out of your pocket, and put them on the table.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-153" type="witnessName">
<interp inst="t18710109-name-153" type="gender" value="male"/>
<interp inst="t18710109-name-153" type="surname" value="HAYES"/>
<interp inst="t18710109-name-153" type="given" value="WILLIAM"/>WILLIAM HAYES</persName> </hi> (
<hi rend="italic">City Policeman</hi> 460). I took the prisoner into custody on 4th January—I searched him, and found two duplicates—he asked the prosecutor in my presence to be forgiven.</p>
<hi rend="italic">Prisoner. Q.</hi> What were the exact words?
<hi rend="italic">A.</hi> "I hope you will forgive me"—you did not say "I hope you will not give me in charge."</p>
<hi rend="smallCaps">
<rs id="t18710109-119-verdict-1" type="verdictDescription">
<interp inst="t18710109-119-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18710109-119-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">He also</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to having been before convicted in April</hi>, 1868.**—
<hi rend="italic">
<rs id="t18710109-119-punishment-25" type="punishmentDescription">
<interp inst="t18710109-119-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t18710109-119-punishment-25" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-118-18710109 t18710109-119-punishment-25"/>Seven Years' Penal Servitude.</rs> </hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, January</hi> 11
<hi rend="italic">th</hi>, 1871.</p>
<hi rend="italic">Before Mr. Justice Brett.</hi> </p>
<div1 type="trialAccount" id="t18710109-120">
<interp inst="t18710109-120" type="uri" value="sessionsPapers/18710109"/>
<interp inst="t18710109-120" type="date" value="18710109"/>
<join result="criminalCharge" id="t18710109-120-charge-1" targOrder="Y" targets="def1-120-18710109 t18710109-120-offence-1 t18710109-120-verdict-1"/>
<persName id="def1-120-18710109" type="defendantName">
<interp inst="def1-120-18710109" type="gender" value="male"/>
<interp inst="def1-120-18710109" type="age" value="62"/>
<interp inst="def1-120-18710109" type="surname" value="PEARCE"/>
<interp inst="def1-120-18710109" type="given" value="ELDRED LEWIS BLYTHE"/>
<hi rend="largeCaps">ELDRED LEWIS BLYTHE PEARCE</hi> (62)</persName>, was indicted
<rs id="t18710109-120-offence-1" type="offenceDescription">
<interp inst="t18710109-120-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18710109-120-offence-1" type="offenceSubcategory" value="libel"/> for a libel.</rs> </p>
<hi rend="smallCaps">MR. METCALFE</hi>
<hi rend="italic">conducted the Prosecution</hi>,</p>
<hi rend="smallCaps">
<persName id="t18710109-name-155" type="witnessName">
<interp inst="t18710109-name-155" type="gender" value="male"/>
<interp inst="t18710109-name-155" type="surname" value="DONALDSON"/>
<interp inst="t18710109-name-155" type="given" value="THOMAS"/>THOMAS DONALDSON</persName> </hi>. I am a wine merchant, of Leicester and Notting
<lb/>ham, and live at 64, Portsdown Road, Paddington—I have known the prisoner about twelve years, and was aware from him that he was plaintiff in a Chancery suit—I advanced him money for fees, and my friend Mr. Smith and others did the same—the suit has been going on about twelve years—it is about twelve months since I advanced him money—I cannot say the exact date he asked me to do so afterwards; but I was very little in town, and did not do so—after I declined, some of my friends received these postal cards—these cards addressed to Messrs. Geddes, Mr. Slater, and Messrs. Keosh are the prisoner's writing. (
<hi rend="italic">Read</hi>: "To Messrs. Keosh & Co., bakers, &c., Porchester Place, Edgware Road.
<hi rend="italic">Memo.</hi> Robbery by Thomas Donaldson Co., non-figuring as wine merchants at Leicester and Nottingham. The bribe was taken in wines, &c., as a sham, to force Mr. Eldred L. B. Pearce into a deed now held by him to rob him of millions collusively in his Chancery suit of thirty-seven years a suitor. On an indictment Smith and Donaldson would be transported for life. The case in Chancery has been decreed on by three Lord Chancellors in plaintiff's favour up to 29th July, 1868.—41, Manchester Square, London, 23rd November, 1870.") (
<hi rend="italic">Two similar cards were, addressed to Messrs. Slater. & Co., Jermyn Street, St. James's; and to Messrs. Geddes, bakers, &c., near Hyde Park Square.</hi>)—I understood those cards to apply to me.</p>
<hi rend="italic">Prisoner. Q.</hi> I believe you took your references from Smith to give me credit?
<hi rend="italic">A.</hi> Smith introduced me to you, and I believed your cause was true—you told me that the suit had lasted thirty-seven years—we were to be paid when you gained your suit—I did not often see Smith in secret—I saw him as a neighbour, and no doubt we spoke about this business—I was a baker, and supplied him with bread for years—I advanced you between 300
<hi rend="italic">l</hi>. and 400
<hi rend="italic">l</hi>.—we were to be amply paid back, but there was</p>
<xptr type="pageFacsimile" doc="187101090050"/>
<p>never any sum fixed—I and others paid 74
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. to Messrs. Burgoyne, solicitors—I do not think they said that you had no case, but it was a case they would not take up—Smith said that it was a good case—Burgoyne did not ask you to compromise your rights, cheat your creditors, and leave the country—Mr. Proudfoot is my solicitor—I never heard of his going to Smith, and offering him 500
<hi rend="italic">l</hi>. to throw up your case—(
<hi rend="smallCaps">THE COURT</hi>
<hi rend="italic">here cautioned the prisoner that he was giving meaning to the cards by his questions</hi>)—I never received any money or goods collusively—I jumped from a baker to a wine-merchant all of a sudden, because I chose to do so—the money came from my own industry—I never heard of Colonel Dawkins—I never took a single farthing, directly or indirectly—Smith and I are not partners, he is out of the business now—my partner is Robert McCargo.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-156" type="witnessName">
<interp inst="t18710109-name-156" type="gender" value="male"/>
<interp inst="t18710109-name-156" type="surname" value="SMITH"/>
<interp inst="t18710109-name-156" type="given" value="THOMAS"/>THOMAS SMITH</persName> </hi>. I am a grocer and wine merchant, of Cambridge Street, Paddington—I have seen these cards; they are in the defendant's writing—I believe that where Mr. Smith's name is mentioned it applies to me, and the other to Mr. Donaldson.</p>
<hi rend="italic">Prisoner. Q.</hi> Did not I apply to you in 1864 to give me credit in my Chancery case?
<hi rend="italic">A.</hi> I was about fourteen years ago—I applied to Messrs. Hensman, solicitors, and Mr. Herbert told me that you were entitled to a great deal—I do not recollect that he said you were entitled
<hi rend="italic">to</hi> 1000 times more than you would live to spend—I was satisfied that you had an interest in it, it was West India property—I also saw Mr. Abbott before I gave you credit—I was assured of your ultimate success unless might overcame right.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> What do you mean by might overcoming right?
<hi rend="italic">A.</hi> Those are the words of Mr. Abbott—I do not know whether might is not some
<lb/>times too powerful for right; I mean money against poverty, in a Chancery suit—I call money might.</p>
<hi rend="italic">Prisoner. Q.</hi> Did not Mr. Bine, the clerk to Burgoyne, come to you fifteen years ago, and tell you that there was 1000 times more than I should live to spend, and that my case was the finest he ever saw?
<hi rend="italic">A.</hi> He said there was a great deal more than you could spend, and told me to take care of myself, but I have not done so—Colonel Dawkins was one of the de
<lb/>fendants in the Chancery suit—I think he bought the property—I do not know that I ever saw him, but a somebody came, and stopped an hour—they did not buy enough, though they were there so long—they did not ask me what accommodation I had for taking in wines and spirits—they asked me so many questions that I hardly know what they did talk about—they did not talk about the case—they asked about my means, but I did not satisfy them—Donaldson called on me twelve years ago, but he never mentioned your business—I did not receive cigars, coffee, or money from a person connected with your Chancery suit—I do not think I saw either of the defendants except Debbiuson at any subsequent time—I saw Counsel in your case—I do not think he told me it all belonged to you—I I have known you a great many years, and treated you as a friend—I swear that I never received goods or money, wines or spirits, in any shape, from Mr. Donaldson in this affair, not a shilling—I have been selling wines and spirits as cheap as I can—I lent you five guineas on your gold watch, not to pay Counsels' fee—I told you I should not return it till your account was paid, but you owe me too much—I have said that I never would be bribed, but I did not say that numbers wanted to bribe me.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-157" type="witnessName">
<interp inst="t18710109-name-157" type="gender" value="female"/>
<interp inst="t18710109-name-157" type="surname" value="BOWDEN"/>
<interp inst="t18710109-name-157" type="given" value="ELIZABETH"/>ELIZABETH BOWDEN</persName> </hi>. I live at Messrs. Geddes, a baker, 7, Albion Street,</p>
<xptr type="pageFacsimile" doc="187101090051"/>
<p>Hyde Park—I took in a post-office card similar to this—I cannot swear this is it, because I did not read it—I gave it to Mrs. Geddes.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-158" type="witnessName">
<interp inst="t18710109-name-158" type="gender" value="male"/>
<interp inst="t18710109-name-158" type="surname" value="SLATER"/>
<interp inst="t18710109-name-158" type="given" value="WILLIAM"/>WILLIAM SLATER</persName> </hi>. I received this card, addressed "Slater & Co, Jermyn Street," from the post-office.</p>
<hi rend="italic">Prisoner. Q.</hi> Did not you take your reference from Smith, as to giving me credit?
<hi rend="italic">A.</hi> I gave you a small amount of credit before I saw Mr. Smith—the credit was for meat—Mr. W. S. Palmer is my private solicitor—I advanced you, altogether, 500
<hi rend="italic">l</hi>., in meat and in money, in respect of the suit—this was eighteen years ago, and I followed the views of Mr. Donaldson and Mr. Smith, being fellow-tradesmen—this (
<hi rend="italic">produced by the prisoner</hi>) is a letter from Mr. Padmore, my solicitor, to me—I handed all those matters to Mr. Smith, as his was an older head than mine—I was assured that I should ultimately be paid, that you would make me ample compensation—there was no settled amount that I was to be paid.</p>
<hi rend="italic">Q.</hi> Was 25,000
<hi rend="italic">l</hi>. to be paid for retribution to you and others for kind
<hi rend="italic">A.</hi> You made various promises at different times; I never under
<lb/>stood that the other 25,000
<hi rend="italic">l</hi>. was for you to put into your own pocket—you called upon me, and told me what had happened about the wines and spirits—you promised to make me and others ample compensation out of the 50,000
<hi rend="italic">l</hi>.—I assisted you in a small way at first, and gradually got into the debt, and I continued in hopes of recovering—I have heard you say that 1000
<hi rend="italic">l</hi>. had been offered you to cheat your creditors and leave the country—I employed Burgoyne to investigate your case, and at'the meeting he threw cold water upon it—it was only from your lips that I heard of 55,000
<hi rend="italic">l</hi>. being offered to Burgoyne to settle your case in Chancery, at the time it was in their hands. (
<hi rend="smallCaps">THE COURT</hi>
<hi rend="italic">again cautioned the prisoner, and declined to allow him to ask certain questions.</hi>) Your case did not break down before Vice-Chancellor Malius, in 1870, through Smith and Donald
<lb/>son conniving.</p>
<hi rend="italic">The prisoner, in a rambling defence, stated that he had been aggravated into doing what he had done.</hi> </p>
<hi rend="smallCaps">
<rs id="t18710109-120-verdict-1" type="verdictDescription">
<interp inst="t18710109-120-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18710109-120-verdict-1" type="verdictSubcategory" value="withRecommendation"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">Strongly recommended to mercy by the Jury, believing him to be under the impression that he had been seriously wronged.</hi>
<hi rend="smallCaps">MR. METCALFE</hi>
<hi rend="italic">stated that the prosecutors believed he had been very much wronged, but not by them.—
<rs id="t18710109-120-punishment-26" type="punishmentDescription">
<interp inst="t18710109-120-punishment-26" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18710109-120-punishment-26" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-120-18710109 t18710109-120-punishment-26"/>To enter into his own recognizances to appear for judgment, if he repeats the offence.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18710109-121">
<interp inst="t18710109-121" type="uri" value="sessionsPapers/18710109"/>
<interp inst="t18710109-121" type="date" value="18710109"/>
<join result="criminalCharge" id="t18710109-121-charge-1" targOrder="Y" targets="def1-121-18710109 t18710109-121-offence-1 t18710109-121-verdict-1"/>
<persName id="def1-121-18710109" type="defendantName">
<interp inst="def1-121-18710109" type="gender" value="male"/>
<interp inst="def1-121-18710109" type="age" value="46"/>
<interp inst="def1-121-18710109" type="surname" value="SMITH"/>
<interp inst="def1-121-18710109" type="given" value="DANIEL"/>
<interp inst="def1-121-18710109" type="occupation" value="seaman"/>
<hi rend="largeCaps">DANIEL SMITH</hi> (46)</persName>
<rs id="t18710109-121-offence-1" type="offenceDescription">
<interp inst="t18710109-121-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18710109-121-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously cutting and wounding
<persName id="t18710109-name-160" type="victimName">
<interp inst="t18710109-name-160" type="gender" value="male"/>
<interp inst="t18710109-name-160" type="surname" value="SMITH"/>
<interp inst="t18710109-name-160" type="given" value="ROBERT FRANCIS"/>
<interp inst="t18710109-name-160" type="occupation" value="seaman"/>
<join result="offenceVictim" targOrder="Y" targets="t18710109-121-offence-1 t18710109-name-160"/>Robert Francis Smith</persName>, on the
<placeName id="t18710109-geo-1">
<join result="offencePlace" targOrder="Y" targets="t18710109-121-offence-1 t18710109-geo-1"/>high seas</placeName>, with intent to do him some grievous bodily harm.</rs> </p>
<hi rend="smallCaps">MR. COLLINS</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. COOPER</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18710109-name-161" type="witnessName">
<interp inst="t18710109-name-161" type="gender" value="male"/>
<interp inst="t18710109-name-161" type="surname" value="SMITH"/>
<interp inst="t18710109-name-161" type="given" value="ROBERT"/>ROBERT F. SMITH</persName> </hi>. I am living at the Well Street Home—I was a seaman on board the
<hi rend="italic">Sarah Anderson</hi>, a ship under English colours, which sailed from India in September or October, and arrived in England in December—the prisoner was also a seaman on board—on the morning of September 13th the ship was on the high seas, the prisoner and I had a quarrel a few minutes before 12 o'clock on the evening previous—we had a fight, and the prisoner gave in and went below—I remained on deck—I heard the prisoner say in the forecastle a short time afterwards "I will have the son of a bitch's life;" and afterwards that he would cut my guts out—I was standing against the hatch, preparing to go down into the forecastle—the prisoner rushed up with a sheath knife in one hand and a billet of wood in the other; he rushed at me and attempted to stab me, so (
<hi rend="italic">with the knife over his head</hi>)—he made a cut down, which cut my monkey-jacket here (
<hi rend="italic">near his throat</hi>)</p>
<xptr type="pageFacsimile" doc="187101090052"/>
<p>—I am left-handed—he ran back to the galley, and I called to the cook to come and lend me a hand—the prisoner said "Yes, Doctor, come out and see fair play while I cut the son of a bitch's b——y guts out"—they call the cook Doctor—the prisoner was running towards me at the time, with the knife still in his right hand, over his head, preparing to make another cut; but I seized him by the wrist with my left hand—he tore the knife from his right hand with his left, and drew it across the finger and thumb of the hand with which I was holding him—it went to my finger bone, but was not much on my thumb—he tried to draw the knife across my throat; but the ship gave a lurch, which brought it across my mouth, and cut my lip—it was not very deep, but it was painful—here is the mark now—I caught the knife with my teeth, and held it fast though he tried to get it away—he was swearing, and saying he would; have my life, all the time of the struggle—I shouted for help, and the mate came and took the knife—the prisoner muttered something, but I could not hear what—I was not laid up.</p>
<hi rend="italic">Cross-examined.</hi> This is a sailor's knife—I wear mine tied to my belt—he wore his round his waist—there was not a great sea—he was not standing on a spar the first time he was on the deck—I did not run forward with two boys—one boy came after me; I only saw one—the prisoner may have spoken to me, as well as any other man, about bringing those boys forward—I did not then strike him on the head—I did strike him on the face when he called me names that I would allow no man to call me—the blow did not strike him down—he fell down after we had been ten minutes scuffling—I did not fall on top of him, the spar was between us when we fell—I did not then take hold of his finger or bite the point of it—I did not kick him with the heel of my boot; I could not kick between two feet of timber—I saw his mouth bleeding afterwards—he was feeling for his knife several times during the fight—I did not take my knife out—the prisoner is, I believe, three inches taller than me.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> How long after he went into the forecastle did he come up again?
<hi rend="italic">A.</hi> As near as I can judge fifteen or twenty minutes—he fol
<lb/>lowed me from the hatchway to the galley, which is from fifteen to twenty feet.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-162" type="witnessName">
<interp inst="t18710109-name-162" type="gender" value="male"/>
<interp inst="t18710109-name-162" type="surname" value="DUVAL"/>
<interp inst="t18710109-name-162" type="given" value="PHILIP"/>PHILIP DUVAL</persName> </hi>. I am mate of the
<hi rend="italic">Sarah Anderson</hi>—early on the morn
<lb/>ing of 13th September, I heard a noise, and saw the prosecutor and prisoner fighting—I parted them, but cannot tell where they went, as I walked right aft, to call the second mate, as it was his watch on deck—about ten or fifteen minutes after I parted them I was called again, and saw them struggling on their feet, on the Ice side of the deck—the prisoner's hand had hold of a knife, which was in the prosecutor's mouth, which was cut and bleeding—I walked behind the prisoner, caught hold of both his arms, and pulled them down towards his side—he let his hand from the knife, which stopped in the prosecutor's mouth—the prisoner was using threats what he would do.</p>
<hi rend="italic">Cross-examined. I</hi> parted them twice—the first time they were down by the spars, and they got up again, and went on struggling, and I parted them again—the prosecutor's cuts were not dressed—he tied them up himself.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-163" type="witnessName">
<interp inst="t18710109-name-163" type="gender" value="male"/>
<interp inst="t18710109-name-163" type="surname" value="GRANT"/>
<interp inst="t18710109-name-163" type="given" value="FREDERICK"/>FREDERICK GRANT</persName> </hi>. I was a seaman on board this ship—I heard there had been a fight, and came foward from the wheel, and the prisoner was down on the forecastle, sharpening this knife on a stone—I asked him what</p>
<xptr type="pageFacsimile" doc="187101090053"/>
<p>he was doing, sharpening the knife—he told me the prosecutor had offended him, and he was determined to have his guts open before the morning—I told him to be quiet—he told me not to interfere—I then called to the prosecutor, and told him to keep out of the way—the prisoner got half way on the forecastle ladder—he had a billet of wood and this knife in his hands—I went half way on the ladder, and looked up and saw him throw the piece of wood up on deck, and it struck one of the apprentices—I lost sight of the prisoner, and a few minutes afterwards I was called by the cook to assist—I went on deck, and the prosecutor and the mate had hold of the prisoner, who had the knife between his teeth—his mouth was bleed
<lb/>ing, and his thumb was cut—I asked the prisoner to loose the knife—he said he would not, and the mate
<hi rend="italic">drawed</hi> his arms down, and he let go of it—the steward called the captain—about ten minutes afterwards, when I was going to turn in, I saw the prisoner with a large table knife belonging to the steward; not this one; he was sharpening it—I asked him to put it down—he said he would not, but at last he turned into his bunk, but kept cursing and swearing all the time.</p>
<hi rend="italic">Cross-examined.</hi> I have not seen the captain here.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-164" type="witnessName">
<interp inst="t18710109-name-164" type="gender" value="male"/>
<interp inst="t18710109-name-164" type="surname" value="CHURCH"/>
<interp inst="t18710109-name-164" type="given" value="WILLIAM"/>WILLIAM CHURCH</persName> </hi> (
<hi rend="italic">Policeman K</hi> 304). I took the prisoner, and told him the charge—he said that he had a
<hi rend="italic">row</hi>, and a fight with the prosecutor, but there had been no knife used.</p>
<hi rend="smallCaps">
<rs id="t18710109-121-verdict-1" type="verdictDescription">
<interp inst="t18710109-121-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18710109-121-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18710109-121-punishment-27" type="punishmentDescription">
<interp inst="t18710109-121-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t18710109-121-punishment-27" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-121-18710109 t18710109-121-punishment-27"/>Five Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18710109-122">
<interp inst="t18710109-122" type="uri" value="sessionsPapers/18710109"/>
<interp inst="t18710109-122" type="date" value="18710109"/>
<join result="criminalCharge" id="t18710109-122-charge-1" targOrder="Y" targets="def1-122-18710109 t18710109-122-offence-1 t18710109-122-verdict-1"/>
<join result="criminalCharge" id="t18710109-122-charge-2" targOrder="Y" targets="def2-122-18710109 t18710109-122-offence-1 t18710109-122-verdict-1"/>
<persName id="def1-122-18710109" type="defendantName">
<interp inst="def1-122-18710109" type="gender" value="male"/>
<interp inst="def1-122-18710109" type="age" value="20"/>
<interp inst="def1-122-18710109" type="surname" value="MCCARTHY"/>
<interp inst="def1-122-18710109" type="given" value="LAWRENCE"/>
<hi rend="largeCaps">LAWRENCE McCARTHY</hi> (20)</persName>, and
<persName id="def2-122-18710109" type="defendantName">
<interp inst="def2-122-18710109" type="gender" value="male"/>
<interp inst="def2-122-18710109" type="age" value="21"/>
<interp inst="def2-122-18710109" type="surname" value="WEST"/>
<interp inst="def2-122-18710109" type="given" value="HENRY"/>
<hi rend="largeCaps">HENNRY WEST</hi> (21)</persName>
<rs id="t18710109-122-offence-1" type="offenceDescription">
<interp inst="t18710109-122-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18710109-122-offence-1" type="offenceSubcategory" value="burglary"/>, Bur
<lb/>glariously breaking and entering the dwelling-house of
<persName id="t18710109-name-167" type="victimName">
<interp inst="t18710109-name-167" type="gender" value="male"/>
<interp inst="t18710109-name-167" type="surname" value="BIRCH"/>
<interp inst="t18710109-name-167" type="given" value="HENRY WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18710109-122-offence-1 t18710109-name-167"/>Henry William Birch</persName>, with intent to steal.</rs> </p>
<hi rend="smallCaps">MR. ST. AUBYN</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18710109-name-168" type="witnessName">
<interp inst="t18710109-name-168" type="gender" value="male"/>
<interp inst="t18710109-name-168" type="surname" value="SMITH"/>
<interp inst="t18710109-name-168" type="given" value="SIDNEY"/>SIDNEY SMITH</persName> </hi>. I live at 22, Old Compton Street—on Sunday morning, 18th December, about 1.20 or 1.30, I was going home with Charles White, when I got to my door I went to see if it was fastened—I could not shut it, and put my hand down and found this stock of a chisel (
<hi rend="italic">produced</hi>)—I saw the prisoners and another man throe doors off when we came up—a constable went after them—they started off, and ran on his approach.</p>
<hi rend="italic">McCarthy. Q.</hi> Can you swear you saw me standing three doors off?
<hi rend="italic">A.</hi> Yes.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-169" type="witnessName">
<interp inst="t18710109-name-169" type="gender" value="male"/>
<interp inst="t18710109-name-169" type="surname" value="WHITE"/>
<interp inst="t18710109-name-169" type="given" value="CHARLES"/>CHARLES WHITE</persName> </hi>. I live at 23, Old Compton Street, next door to the prosecutor, or rather in the same house—I came home with him, and saw the prisoners three doors off, in conversation with another one, who I saw come out from the prosecutor's door, No. 22, from the inside of the house—I was about three yards from him—he joined the prisoners, and then I saw a constable coming up very fast; I went and told him, and they all ran away—I saw McCarthy at the shutters of No. 25; but did not see him do anything—I followed with the constable who caught West, and McCarthy tried to trip the constable up and rescue West, at the end of Compton Street.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-170" type="witnessName">
<interp inst="t18710109-name-170" type="gender" value="male"/>
<interp inst="t18710109-name-170" type="surname" value="WEEDON"/>
<interp inst="t18710109-name-170" type="given" value="EDWIN"/>EDWIN WEEDON</persName> </hi> (
<hi rend="italic">Policeman C</hi> 150). On Sunday morning, 18th De
<lb/>cember, about 1.20, I saw the prisoners and another man leave the door of 22, Old Compton Street—shortly afterwards White went to the door, he spoke to me, and I walked after West and caught him and another man—I took West back to No. 22, and went towards the station with him into Arches Street, where McCarthy came running up, and said "Halloa,
<hi rend="italic">Jack</hi>, what is the matter?"—West threw himself down on the pavement, and said</p>
<xptr type="pageFacsimile" doc="187101090054"/>
<p>"Come on, let the b——s have it"—McCarthy made sereral attempts to trip me up, but I kept him away by kicking; another constable came up, and I called upon him to take him—we took them to the station, and I found on West these matches, this rush, and these two latch keys; but neither of them fits the prosecutor's door—I saw this centre-bit found in the side of McCarthy's right boot, at the station-house—there were no marks of No. 22 being forced—I cannot tell how it was opened, neither of these keys fit the latch.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-171" type="witnessName">
<interp inst="t18710109-name-171" type="gender" value="male"/>
<interp inst="t18710109-name-171" type="surname" value="STRAW"/>
<interp inst="t18710109-name-171" type="given" value="GEORGE"/>GEORGE STRAW</persName> </hi> (
<hi rend="italic">Policeman C</hi> 256). I was at the Vine Street Station when the prisoners were brought in—McCarthy said "I have nothing about me, you need not trouble about me"—on feeling down his trowsers I found this centre-bit sticking in his boot; he said that he found it in an urinal in Water Street—the prisoners were placed in separate cells; they had pre
<lb/>viously denied all knowledge of each other—I was ordered to go into a cell between them, and heard West say to McCarthy, "
<hi rend="italic">Danny</hi>, cheer up, it will only run to a drag at the most"—McCarthy said "We shall see Charley and Sammy in the morning, won't they be surprised"—he afterwards said "I shall see my sister
<hi rend="italic">Nell</hi> in the morning; I shall be all right for a
<hi rend="italic">brake</hi> to morrow morning"—he then said "That curly sod, I should like to have him in here now"—I took that to be myself.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-172" type="witnessName">
<interp inst="t18710109-name-172" type="gender" value="male"/>
<interp inst="t18710109-name-172" type="surname" value="LOWE"/>
<interp inst="t18710109-name-172" type="given" value="JOHN"/>JOHN LOWE</persName> </hi>. I am a bootmaker, of 22, Old Compton Street—on this Sunday morning I went home at 1.10, I found the door closed—I rang the bell, the mistress came down and let me in, and I fastened it by letting the latch fall—no one could open it from the outside without a latch key.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-173" type="witnessName">
<interp inst="t18710109-name-173" type="gender" value="male"/>
<interp inst="t18710109-name-173" type="surname" value="HARMAN"/>
<interp inst="t18710109-name-173" type="given" value="WILLIAM"/>WILLIAM HARMAN</persName> </hi> (
<hi rend="italic">Policeman G</hi> 227). I examined the door of the house about 1.18 on this Sunday morning; it was secure—I saw McCarthy at the Swiss Tavern, Old Compton Street, at 12.30.</p>
<hi rend="italic">The Prisoners Statements before the Magistrate. McCarthy says</hi>: "I went to the Alhambra; I stopped to see a row in Leicester Square. I went in a urinal in Wardour Street; I found that bit of iron; I heard a row at the corner of Castle Street; I saw the policeman was walking off with West, I asked what he was locking him up for; the policeman called another, and gave me in charge; I put the bit in my pocket, and it slipped down my trowsers."
<hi rend="italic">West says</hi>: "I was going up Wardour Street, the policeman came to me and said 'I want you'. I was drunk; he laid hold of me; they knocked me about in the shop; I said 'Why don't you leave me alone? the policeman began kicking me."</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">S. SMITH</hi>.
<hi rend="italic">Q.</hi> Is this house yours?
<hi rend="italic">A.</hi> No, I am assistant to Mr. Birch, a hosier and shirtmaker, there—I sleep at No. 22—we are obliged to go into No. 22 to get into No. 23—I tried the door of No. 22 from the outside, and found it open—I tried to shut it, but could not—I put my hand down, and found the stock—I then went to No. 23, and told my fellow assistant what I had found, and while standing at the door of No. 23 a man came out at the side door of No. 22, and joined the two prisoners and another—there were three in conversation, and this man made four—I am sure of that—they all four ran away on the constable's approach—I went inside No. 23, and waited till the constable came back and brought West into the shop—I then minded the shop while White and the assistant went to the station—I closed the door which I had found open—I did not examine it, it opens with a latch.</p>
<hi rend="italic">McCarthy's Defence.</hi> I was coming home, and saw a policeman taking this lad. I asked him what he was taking him for; he made a kick at me,</p>
<xptr type="pageFacsimile" doc="187101090055"/>
<p>and called another policeman to take me. I found this stock in a urinal, I put it in my pocket, and it slipped into my boot.</p>
<hi rend="italic">West's Defence</hi>. I was in Wardour Street, and the prisoner said "I want you"—he and another man knocked me about in the shop.</p>
<hi rend="smallCaps">
<rs id="t18710109-122-verdict-1" type="verdictDescription">
<interp inst="t18710109-122-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18710109-122-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18710109-123">
<interp inst="t18710109-123" type="uri" value="sessionsPapers/18710109"/>
<interp inst="t18710109-123" type="date" value="18710109"/>
<join result="criminalCharge" id="t18710109-123-charge-1" targOrder="Y" targets="def1-123-18710109 t18710109-123-offence-1 t18710109-123-verdict-1"/>
<persName id="def1-123-18710109" type="defendantName">
<interp inst="def1-123-18710109" type="gender" value="male"/>
<interp inst="def1-123-18710109" type="age" value="27"/>
<interp inst="def1-123-18710109" type="surname" value="HERBERT"/>
<interp inst="def1-123-18710109" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE HERBERT</hi> (27)</persName>
<rs id="t18710109-123-offence-1" type="offenceDescription">
<interp inst="t18710109-123-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18710109-123-offence-1" type="offenceSubcategory" value="burglary"/>, Burglariously breaking and entering the dwelling-house of
<persName id="t18710109-name-175" type="victimName">
<interp inst="t18710109-name-175" type="gender" value="male"/>
<interp inst="t18710109-name-175" type="surname" value="DAVEY"/>
<interp inst="t18710109-name-175" type="given" value="GEORGE"/>
<interp inst="t18710109-name-175" type="occupation" value="jeweller"/>
<join result="offenceVictim" targOrder="Y" targets="t18710109-123-offence-1 t18710109-name-175"/>George Davey</persName>, and stealing therein twelve watches, two fish slices, and other articles, his property.</rs> </p>
<hi rend="smallCaps">MR. LANGFORD</hi>
<hi rend="italic">conducted the Protection; and</hi>
<hi rend="smallCaps">MR. ST. AUBTN</hi>
<hi rend="italic">the Defence</hi>,</p>
<hi rend="smallCaps">
<persName id="t18710109-name-176" type="witnessName">
<interp inst="t18710109-name-176" type="gender" value="male"/>
<interp inst="t18710109-name-176" type="surname" value="DAVEY"/>
<interp inst="t18710109-name-176" type="given" value="GEORGE"/>GEORGE DIVEY</persName> </hi>. I am a jeweller, of 77, Regent's Park Road, St. Pancras—on the night of 22nd December, I shut up my shop safely, and went to rest—I was disturbed about 2.50, by glass breaking, which appeared to be my window—I got up, called my lodger, went to the door, and saw a black patch on the side of my shutter—I pressed it, and it went in—it was a piece of black paper, under which I found a circular hole in the shutter, larger than a man's hand—this is the shutter (
<hi rend="italic">produced</hi>)—the window was smashed in, and I missed twelve gold chains, twelve silver watches, and a silver fish slice and fork—the fork is here—I sprang a rattle, and a policeman brought the prisoner and a man named Davis.</p>
<hi rend="italic">Cross-examined.</hi> I have offered a reward of 20
<hi rend="italic">l</hi>. for the recovery of the property taken.</p>
<hi rend="smallCaps">
<persName id="t18710109-name-177" type="witnessName">
<interp inst="t18710109-name-177" type="gender" value="male"/>
<interp inst="t18710109-name-177" type="surname" value="GROVES"/>
<interp inst="t18710109-name-177" type="given" value="JAMES"/>JAMES GROVES</persName> </hi> (
<hi rend="italic">Policeman S</hi> 94). On Saturday morning, 24th De
<lb/>cember, I was on duty in Regent's Park Road, standing by some unfi
<lb/>nished houses almost opposite the prosecutor's shop—I saw two men about the middle of the road, right opposite the shop, and about thirty yards from me—they crossed over to the shop, and I heard a noise like the unlocking of a door—I thought it was lodgers coming home; like a key being fitted into a door, and there was whispering—in two or three minutes they crossed over to my side of the way, and stood at a chemist's shop door, nearly opposite Mr. Davey's—in about five minutes they crossed the road again to Mr. Davey's shop—I then heard a noise like cutting or grind
<lb/>ing, and a very loud crash like glass breaking—after about half a minute or a minute, I saw the same two men cross the road again, and stand in the chemist's shop door about two minutes, and then turn down Sharpies-hall Street—I went along on tip-toe as quietly as I could to the corner of the street—I suppo