<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<p>Sessions Paper.</p>
<persName id="t18711120-name-1">
<interp inst="t18711120-name-1" type="gender" value="male"/>
<interp inst="t18711120-name-1" type="surname" value="BARNETT"/>
<interp inst="t18711120-name-1" type="given" value="JAMES DROVER"/>JAMES DROVER BARNETT</persName> </p>
<persName id="t18711120-name-2">
<interp inst="t18711120-name-2" type="gender" value="male"/>
<interp inst="t18711120-name-2" type="surname" value="BUCKLER"/>
<interp inst="t18711120-name-2" type="given" value="ALEXANDER"/>ALEXANDER BUCKLER</persName>,</p>
<p>Short-hand Writers to the Court,</p>
<p>VOL. LXXV.</p>
<xptr type="pageFacsimile" doc="187111200002"/>
<p>On the Queen's Commission of</p>
<p>The City of London,</p>
<p>OF THE</p>
<p>Held on Monday, November 20th, 1871, and following days,</p>
<hi rend="smallCaps">BEFORE THE RIGHT HON</hi>.
<hi rend="largeCaps">SILLS JOHN GIBBONS, LORD MAYOR</hi> of the City of London; Sir
<hi rend="smallCaps">GEORGE WILSHIRE BRAMWELL</hi>, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir
<hi rend="smallCaps">HENRY SINGER KEATING</hi>, Knt., one of the Justices of Her Majesty's Court of Common Pleas;
<hi rend="smallCaps">
<persName id="t18711120-name-3" type="judiciaryName">
<interp inst="t18711120-name-3" type="gender" value="male"/>
<interp inst="t18711120-name-3" type="surname" value="SIDNEY"/>
<interp inst="t18711120-name-3" type="given" value="THOMAS"/>THOMAS SIDNEY</persName> </hi>, Esq., Sir
<hi rend="smallCaps">
<persName id="t18711120-name-4" type="judiciaryName">
<interp inst="t18711120-name-4" type="gender" value="male"/>
<interp inst="t18711120-name-4" type="surname" value="GARDEN"/>
<interp inst="t18711120-name-4" type="given" value="ROBERT WALTER"/>ROBERT WALTER GARDEN</persName> </hi>, Knt.,
<hi rend="smallCaps">
<persName id="t18711120-name-5" type="judiciaryName">
<interp inst="t18711120-name-5" type="gender" value="male"/>
<interp inst="t18711120-name-5" type="surname" value="BISLEY"/>
<interp inst="t18711120-name-5" type="given" value="ROBERT"/>ROBERT BISLEY</persName> </hi>, Esq., Sir
<hi rend="smallCaps">
<persName id="t18711120-name-6" type="judiciaryName">
<interp inst="t18711120-name-6" type="gender" value="male"/>
<interp inst="t18711120-name-6" type="surname" value="DAKIN"/>
<interp inst="t18711120-name-6" type="given" value="THOMAS"/>THOMAS DAKIN</persName> </hi>, Knt.,
<hi rend="smallCaps">
<persName id="t18711120-name-7" type="judiciaryName">
<interp inst="t18711120-name-7" type="gender" value="male"/>
<interp inst="t18711120-name-7" type="surname" value="LUSK"/>
<interp inst="t18711120-name-7" type="given" value="ANDREW"/>ANDREW LUSK</persName> </hi>, Esq., and
<hi rend="smallCaps">
<persName id="t18711120-name-8" type="judiciaryName">
<interp inst="t18711120-name-8" type="gender" value="male"/>
<interp inst="t18711120-name-8" type="surname" value="WHETHAM"/>
<interp inst="t18711120-name-8" type="given" value="CHARLES"/>CHARLES WHETHAM</persName> </hi>, Esq., Aldermen of the said City;
<hi rend="smallCaps">
<persName id="t18711120-name-9" type="judiciaryName">
<interp inst="t18711120-name-9" type="gender" value="male"/>
<interp inst="t18711120-name-9" type="surname" value="CHAMBERS"/>
<interp inst="t18711120-name-9" type="given" value="THOMAS"/>THOMAS CHAMBERS</persName> </hi>, Esq., Q.C., M.P., Common Serjeant of the said City (acting as Deputy-Recorder); and
<hi rend="smallCaps">
<persName id="t18711120-name-10" type="judiciaryName">
<interp inst="t18711120-name-10" type="gender" value="male"/>
<interp inst="t18711120-name-10" type="surname" value="KERR"/>
<interp inst="t18711120-name-10" type="given" value="ROBERT MALCOLM"/>ROBERT MALCOLM KERR</persName> </hi>, Esq., LL.D., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-11" type="judiciaryName">
<interp inst="t18711120-name-11" type="gender" value="male"/>
<interp inst="t18711120-name-11" type="surname" value="TRUSCOTT"/>
<interp inst="t18711120-name-11" type="given" value="FRANCIS WYATT"/>FRANCIS WYATT TRUSCOTT</persName> </hi>, Esq., Alderman.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-12" type="judiciaryName">
<interp inst="t18711120-name-12" type="gender" value="male"/>
<interp inst="t18711120-name-12" type="surname" value="BENNETT"/>
<interp inst="t18711120-name-12" type="given" value="JOHN"/>JOHN BENNETT</persName> </hi>, Esq.</p>
<hi rend="italic">Sheriffs.</hi> </p>
<hi rend="smallCaps">
<persName id="t18711120-name-13" type="judiciaryName">
<interp inst="t18711120-name-13" type="gender" value="male"/>
<interp inst="t18711120-name-13" type="surname" value="CROSLEY"/>
<interp inst="t18711120-name-13" type="given" value="ALEXANDER"/>ALEXANDER CROSLEY</persName> </hi>, Esq.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-14" type="judiciaryName">
<interp inst="t18711120-name-14" type="gender" value="male"/>
<interp inst="t18711120-name-14" type="surname" value="BEARD"/>
<interp inst="t18711120-name-14" type="given" value="THOMAS"/>THOMAS BEARD</persName> </hi>, Esq.</p>
<hi rend="italic">Under-Sheriffs.</hi> </p>
<xptr type="pageFacsimile" doc="187111200003"/>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<hi rend="largeCaps">GIBBONS, MAYOR. FIRST 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, November</hi> 20
<hi rend="italic">th</hi>, 1871,</p>
<hi rend="italic">Before Mr. Common Serjeant (acting as Deputy Recorder</hi>).</p>
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<interp inst="def1-1-18711120" type="gender" value="male"/>
<interp inst="def1-1-18711120" type="surname" value="GEORGE"/>
<interp inst="def1-1-18711120" type="given" value="THOMAS JOSEPH"/>
<hi rend="largeCaps">THOMAS JOSEPH GEORGE</hi> </persName> was indicted
<rs id="t18711120-1-offence-1" type="offenceDescription">
<interp inst="t18711120-1-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18711120-1-offence-1" type="offenceSubcategory" value="perjury"/> for wilful and corrupt perjury.</rs> </p>
<hi rend="smallCaps">MR. METCALFE</hi>
<hi rend="italic">for the Prosecution offered no evidence.</hi> </p>
<hi rend="smallCaps">
<rs id="t18711120-1-verdict-1" type="verdictDescription">
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<interp inst="t18711120-1-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
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<interp inst="def1-2-18711120" type="gender" value="male"/>
<interp inst="def1-2-18711120" type="age" value="32"/>
<interp inst="def1-2-18711120" type="surname" value="CHATER"/>
<interp inst="def1-2-18711120" type="given" value="FRANK"/>
<hi rend="largeCaps">FRANK CHATER</hi> (32)</persName>
<rs id="t18711120-2-offence-1" type="offenceDescription">
<interp inst="t18711120-2-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18711120-2-offence-1" type="offenceSubcategory" value="embezzlement"/>, Embezzling 10
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. and 12
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>. of
<persName id="t18711120-name-17" type="victimName">
<interp inst="t18711120-name-17" type="gender" value="male"/>
<interp inst="t18711120-name-17" type="surname" value="FABER"/>
<interp inst="t18711120-name-17" type="given" value="LOUIS"/>
<join result="offenceVictim" targOrder="Y" targets="t18711120-2-offence-1 t18711120-name-17"/>Louis Faber</persName> and another, his masters.</rs> </p>
<hi rend="smallCaps">MR. STRAIGHT</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. BESLET</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18711120-name-18" type="witnessName">
<interp inst="t18711120-name-18" type="gender" value="male"/>
<interp inst="t18711120-name-18" type="surname" value="CATLIN"/>
<interp inst="t18711120-name-18" type="given" value="RICHARD EDGAR"/>RICHARD EDGAR CATLIN</persName> </hi>. I am a house-dealer at Leicester—in November, 1870, I was indebted to Messrs. Becker & Jung 10
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>.—the prisoner called on me for payment—I paid him with this cheque (
<hi rend="italic">produced</hi> and received this receipt from him—(
<hi rend="italic">Read</hi>: "07305. 14th November, 1870 Received of Mr. Catlin 10
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. cheque; for Becker & Jung, Frank Chater." counterfoil in the receipt book corresponds in number, but the date is 18th November—the word "cheque" Is struck out, and "gold 10
<hi rend="italic">l</hi>." written—the cheque has been returned to me through my bankers.</p>
<hi rend="italic">Cross-examined.</hi> I had been a customer of Messrs. Faber several years—I first saw the defendant as their representative about two months previous to paying him the account—I had never given him an order, I know very little of him—I had received a letter from Becker & Jung to pay the defendant.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-19" type="witnessName">
<interp inst="t18711120-name-19" type="gender" value="male"/>
<interp inst="t18711120-name-19" type="surname" value="SNELL"/>
<interp inst="t18711120-name-19" type="given" value="CHARLES WILLIAM"/>CHARLES WILLIAM SNELL</persName> </hi>. I keep the Star Hotel at Newmarket—I have dealt with Becker & Jung for some time—in April last I was indebted 'to them 25
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—I had arranged with my creditors to pay 10
<hi rend="italic">s</hi>. in the pound, in consequence of which I paid 12
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>. to the prisoner in cash, and he gave me this receipt—(
<hi rend="italic">Read</hi>: "07321. August 6th, 1871. Received of Mr. C. Snell 12
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>., as a composition of 10
<hi rend="italic">s</hi>. in the pound on a debt of 25
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.; for Becker & Jung, Frank Chater."</p>
<hi rend="italic">Cross-examined.</hi> I first saw the defendant when I paid him the money—the account had been standing about nine months—he had nothing to do with getting the orders on which the debt was incurred—I had put my affairs in the hands of a solicitor—all my creditors knew what was proposed.</p>
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<hi rend="smallCaps">
<persName id="t18711120-name-20" type="witnessName">
<interp inst="t18711120-name-20" type="gender" value="male"/>
<interp inst="t18711120-name-20" type="surname" value="FABER"/>
<interp inst="t18711120-name-20" type="given" value="LOUIS"/>LOUIS FABER</persName> </hi>. I am a member of the firm of Becker & Jung, of 8, Rood Lane, wine merchants—I hare one partner—in October, 1870, I employed the prisoner as traveller for the Nottingham and Leicestershire district.</p>
<hi rend="smallCaps">MR. BESLEY</hi>.
<hi rend="italic">Q.</hi> Was the arrangement to which you came put into writing?
<hi rend="italic">A.</hi> Yes, in a letter sent to the prisoner.</p>
<hi rend="smallCaps">MR. BESLEY</hi>
<hi rend="italic">submitted that it was not competent for the witness to state the terms orally, as the best evidence of it was the writing.</hi> </p>
<hi rend="smallCaps">MR. STRAIGHT</hi>
<hi rend="italic">said that notice to produce the letter had been given.</hi> </p>
<hi rend="italic">The notice to produce was ready and it was only a notice to produce at the Mansion House previous to the prisoner's committal.</hi> </p>
<hi rend="smallCaps">MR. BESLEY</hi>
<hi rend="italic">cited</hi> "Reg.
<hi rend="italic">v.</hi> Elsworthy"
<hi rend="italic">to show that the notice to produce must be to produce at the trial.</hi>
<hi rend="smallCaps">MR. STRAIGHT</hi>
<hi rend="italic">submitted that no notice to produce was necessary, as the indictment alleged the relationship of master and servant, and was itself sufficient notice to the prisoner to produce the letter of engagement.</hi> </p>
<hi rend="smallCaps">MR. BESLEY</hi>
<hi rend="italic">again cited the</hi> "Queen
<hi rend="italic">v.</hi> Elsworthy". (10 Cox Criminal Cases 579),
<hi rend="italic">in which the point was decided that notice was necessary.</hi> </p>
<hi rend="smallCaps">MR. STRAIGHT</hi>.
<hi rend="italic">Q.</hi> At what rate did you pay him?
<hi rend="italic">A.</hi> 2
<hi rend="italic">l</hi>. salary and 2
<hi rend="italic">l</hi>. expenses per week, and a commission of 5 per cent.—we paid him by cheque—I have all his letters here—I never received from him the 10
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. paid by Mr. Catlin, or the 12
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>. paid by Mr. Snell—he said Mr. Catlin had paid with a bank note, and he had lost it—that was about 17th or 18th November—with reference to Snell's account he wrote a letter stating that was as much as could be got out of him, and very likely we might lose the whole lot—in August this year I had occasion to bring him to London—we had instructed our solicitors to write stating certain accounts that he had received and not accounted for, and to make arrange
<lb/>ments with him for paying them—we were not then aware that he had received these two sums—this (
<hi rend="italic">produced</hi>) is the account that was sent down to him, and it came back with him—I don't think there is any of the prisoner's writing upon it—this other paper is his writing; we did not receive that, I never heard of it—when he came to our office in London he brought with him this receipt-book with counterfoils—that was in August, or the beginning of September—he had got that book from the firm—it is a similar book to those given to our other travellers—he told me that two receipts which he had torn out were employed for receipt stamps—I had called his attention to the absence of the counterfoil to Snell's receipt—I received this letter from him—(
<hi rend="italic">This was dated</hi> 23
<hi rend="italic">rd October</hi>, 1870,
<hi rend="italic">in which he stated</hi>, "Any accounts I receive I shall always remit to you per first post")—This is another letter of his—(
<hi rend="italic">This was dated 2nd November</hi>, 1870,
<hi rend="italic">and stated</hi>, "Mr. Catlin tells me he will remit his account in a few days; if not, you must write him. I believe him to be all right, but very long-winded. I have 2
<hi rend="italic">l</hi>. of yours in hand, but shall not by any means touch it, so that it cannot at all interfere with our arrangements")—I have a large number of letters received from the defendant—he did not send accounts to us day by day—statements were sent to him—sometimes he sent up sums as he collected them, sometimes not—he did not furnish a statement every week—that was our wish and our arrangement—I mean the arrangement in writing.</p>
<hi rend="smallCaps">MR. BESLEY</hi>
<hi rend="italic">received his objection that the production of the letter was neces
<lb/>sary in order to establish the relation of master and servant, and cited</hi>"Reg.
<hi rend="italic">v.</hi> Montagu Taylor" (10 CQX Criminal Cases,
<hi rend="italic">p.</hi> 564).</p>
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<hi rend="italic">The</hi>
<hi rend="smallCaps">DEPUTY RECORDER</hi>
<hi rend="italic">said that it wet often very difficult to decide whether a person was employed at an agent or at a servant. If employed as an agent the crime of embezzlement could not be committed, and in the absence of the letter how could the</hi>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">say that the prisoner was engaged as a clerk or servant.</hi> </p>
<hi rend="smallCaps">
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<interp inst="t18711120-2-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
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<interp inst="def1-3-18711120" type="gender" value="male"/>
<interp inst="def1-3-18711120" type="surname" value="CHATER"/>
<interp inst="def1-3-18711120" type="given" value="FRANK"/>
<hi rend="largeCaps">FRANK CHATER</hi> </persName> was
<hi rend="italic">again</hi> indicted
<rs id="t18711120-3-offence-1" type="offenceDescription">
<interp inst="t18711120-3-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18711120-3-offence-1" type="offenceSubcategory" value="forgery"/>for feloniously forging and uttering an order for the payment of 13
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. with intent to defraud.</rs> </p>
<hi rend="smallCaps">
<persName id="t18711120-name-22" type="witnessName">
<interp inst="t18711120-name-22" type="gender" value="male"/>
<interp inst="t18711120-name-22" type="surname" value="SHREWSBURY"/>
<interp inst="t18711120-name-22" type="given" value="WILLIAM"/>WILLIAM SHREWSBURY</persName> </hi>. I live at Nottingham—in June last I was in
<lb/>debted 13
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. to Messrs. Becker & Jung—I paid the prisoner with this cheque—the words on it "or order" Hare been erased; I can't say who did that; I did not—I received from him this receipt.</p>
<hi rend="italic">Cross-examined.</hi> I did not cross the cheque—I am quite positive I did not erase the words "or order" Nor was it done by any of my servants—this was the first account I paid the prisoner.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-23" type="witnessName">
<interp inst="t18711120-name-23" type="gender" value="male"/>
<interp inst="t18711120-name-23" type="surname" value="FABER"/>
<interp inst="t18711120-name-23" type="given" value="LOUIS"/>LOUIS FABER</persName> </hi>. I did not authorise the prisoner to sign the name of the firm at the back of this cheque; it was not done with our authority—I communicated with Mr. Shrewsbury with reference to his account, and received an answer from him—in consequence of which I wrote to the prisoner, and received from him this answer—(
<hi rend="italic">This was dated</hi> 26
<hi rend="italic">th, August</hi>, 1871,
<hi rend="italic">and stated that he had forwarded the amount of shrewsbury's account with other turns, in Sank of England notes for</hi> 25
<hi rend="italic">l</hi>.,
<hi rend="italic">the numbers and dates of which he gave</hi>)—We did receive two 10
<hi rend="italic">l</hi>. notes about that time for a Mr. Ladkins' account.</p>
<hi rend="italic">Cross-examined.</hi> I never told the prisoner not to endorse cheques—we did not take any means to trace the Bank of England notes he mentioned, because we did not believe his statement—this 13
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. was included in the amount, for which we asked for a bill of sale—the idea of forgery did not occur after we had seen our solicitor—I sent cheques to the bank by my clerks—I have not sent cheques not endorsed by me which they have en
<lb/>dorsed—Mr. Becker, my partner, is not residing here—a Mr. Rummell has his procuration to sign cheques.</p>
<hi rend="italic">Re-examined.</hi> The endorsement on the cheque is the prisoner's writing.
<hi rend="italic">The prisoner received a good character.</hi> </p>
<hi rend="smallCaps">
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<interp inst="t18711120-3-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<hi rend="italic">
<rs id="t18711120-3-offence-2" type="offenceDescription">
<interp inst="t18711120-3-offence-2" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18711120-3-offence-2" type="offenceSubcategory" value="other"/>There were two other indictments against the prisoner,</rs>
<rs id="t18711120-3-verdict-2" type="verdictDescription">
<interp inst="t18711120-3-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18711120-3-verdict-2" type="verdictSubcategory" value="noEvidence"/>upon which no evidence was offered.</rs> </hi> </p> </div1>
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<interp inst="t18711120-4" type="date" value="18711120"/>
<join result="criminalCharge" id="t18711120-4-charge-1" targOrder="Y" targets="def1-4-18711120 t18711120-4-offence-1 t18711120-4-verdict-1"/>
<persName id="def1-4-18711120" type="defendantName">
<interp inst="def1-4-18711120" type="gender" value="male"/>
<interp inst="def1-4-18711120" type="age" value="50"/>
<interp inst="def1-4-18711120" type="surname" value="NUTLEY"/>
<interp inst="def1-4-18711120" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES NUTLEY</hi> (50)</persName>, was indicted
<rs id="t18711120-4-offence-1" type="offenceDescription">
<interp inst="t18711120-4-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18711120-4-offence-1" type="offenceSubcategory" value="libel"/>for a libel, to which he put in a plea of justification.</rs> </p>
<hi rend="smallCaps">MR. SERJEANT SLEIGH</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. STRAIGHT</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18711120-name-25" type="witnessName">
<interp inst="t18711120-name-25" type="gender" value="male"/>
<interp inst="t18711120-name-25" type="surname" value="BATTEN"/>
<interp inst="t18711120-name-25" type="given" value="ISAAC"/>ISAAC BATTEN</persName> </hi>. I am a member of the firm of Batten & Co., 126, Lower Thames Street, wholesale grocers—I was carrying on business in 1859 at the same place—prior to 1859 the prisoner had been in my service as 'a traveller—in the early part of 1859, or the end of 1858, I called his atten
<lb/>tion to some deficiencies in his accounts—he made some explanation to me, and for a time I was satisfied—in consequence of some communication I had with a customer I again sent for him in reference to moneys not being paid—his explanation then was not satisfactory, and I told him that I considered it my duty to prosecute him—he appealed to me on behalf of his wife and children—I was moved by that appeal, and made up my mind not to prosecute—I obtained from him a written document, of which this is a printed copy—the original has been lost—(
<hi rend="italic">Read: "</hi> London, March 1,</p>
<xptr type="pageFacsimile" doc="187111200006"/>
<p>1859, to Messrs. James and Isaac Batten. I hereby acknowledge that I have, whilst in your employ as traveller, appropriated various sums of money belonging to you, amounting to upwards of 100
<hi rend="italic">l</hi>., which I had col
<lb/>lected on your behalf, and I hereby further acknowledge that I was not driven to commit this fraud by being inadequately paid, as I was in receipt of a salary of 150
<hi rend="italic">l</hi>. and all expenses, not exceeding one guinea a day, and I hereby authorise and empower you to publish this acknowledgment of my guilt, and to use the same in any manner you may think proper so to do; at the same time I beg to acknowledge your kindness in not prosecuting out of consideration to my wife and family, Charles Nutley.")—On consent
<lb/>ing to forego the prosecution the prisoner signed that statement—his ser
<lb/>vice then ceased with us—some time afterwards I heard that he was spreading reports about our firm, and I had that statement printed, and sent copies to various customers—he still continued to annoy us, and in 1861 I instituted proceedings against him at the Greenwich Police Court, and he then entered into an undertaking not to molest us, which was in these terms—(
<hi rend="italic">Read</hi>: "I beg to express my sincere regret for the annoyance to which I have subjected you by the publication of certain scurrilous and libellous placards, letters, &c., and for which you have commenced a criminal prosecution against me; I now confess that my statements in those publications reflecting on your character are entirely false and without foundation, and hereby retract and publicly apologise for the same, and I authorise you to publish this if you think proper to do so. Charles Nutley, April 1st, 1861.")—In consideration of that being given I was willing to stay any further criminal proceedings, and I did so—after that He entered the employ of Messrs. Cross & Gordon—he remained' some little time there, and afterwards I was not molested for three or four years—since that time I have received, I should think, between fifty and sixty post-cards, all of a similar character to these (
<hi rend="italic">produced</hi>)—before he was sum
<lb/>moned before the Magistrate at Greenwich his house was placarded from top to bottom with documents of a similar character—these are some of the cards I received—(
<hi rend="italic">Read</hi>: "Sept, 1871, James and Isaac Batten, 126, Lower Thames Street, London, E.C. Your books will prove you to be two of the greatest liars, rogues, and villains in the universe;" "I Charles Nutley, having made for you a lucrative trade of nearly 1000
<hi rend="italic">l</hi>. a week, do hereby call on you to pay for the injuries you have inflicted on me, for which the sum of 50,000
<hi rend="italic">l</hi>. would be an inadequate compensation, caused by your printed circulation amongst my former business connections and friends, wherein you have falsely accused me of embezzling 100
<hi rend="italic">l</hi>. of your money, and accused me of the same in courts of law, whereas your books, which have not been examined in courts of law, contain a debtor and creditor account between us created by your not having paid me my salary, and entered all moneys to my account at the expiration of my two months' journey, crediting my account with the sum of 80
<hi rend="italic">l</hi>. twice charged, 56
<hi rend="italic">l</hi>., of my salary, and some journey expenses, which more than cover your advertised balance, to which you made no application to my guarantee for 300
<hi rend="italic">l</hi>. Again, you made an agreement in a Court of Law to remunerate me, which has not yet been fulfilled, published by Charles Nutley. How recently have you again attempted to cause my ruin for life by this false accusation?" "Inquire of a Magistrate what you can do with a family you have utterly ruined by falsehoods. You have robbed me of my character by falsehoods; you have robbed me of my living of 280
<hi rend="italic">l</hi>. a</p>
<xptr type="pageFacsimile" doc="187111200007"/>
<p>year by falsehoods, and you are trying to starve my family to death by falsehoods. Your books will prove you to be two of the greatest rogues, liars, and villians under the sun. Withdraw your scandalous printed false-hoods in circulation against me. You have robbed me of my home and all our clothing by falsehoods. Produce a just statement of my accounts, as any honest man would do, Charles Nutley. You had better have taken my life at once with a hatchet, or anything else, than starve my family to death by falsehoods."</p>
<hi rend="italic">Prisoner. Q.</hi> Were you the first to commence printing against met
<hi rend="italic">A.</hi> We had those circulars printed when you left us, but we did not circu
<lb/>late them at first; we afterwards gave them into the hands of our traveller, in order that he might answer the questions of the customers who had a notion that you had been harshly dealt with—you signed that letter that was printed—there was a policeman in the next office at the time—we had him there for the purpose of giving you into custody—it was the subse
<lb/>quent appeal for your family that induced us to let you off—I did not say you must sign the paper instantly or be given in charge—I knew that you became insolvent, but I did not know that you owed me 80
<hi rend="italic">l</hi>.—you were paid your salary in cash in the ordinary way—I will swear that you were paid your salary—I remember that you represented a gentleman in Fish Street Hill, and that you were travelling over the same ground—I did not circulate these documents against you then, and break up that connection—I did not offer to pay money into Court for you at Greenwich—Mr. Turner was interested, and tried to get you a situation, and I was asked to do something, and I placed 51. in the poor-box, and said I did not want to know what became of it—I can produce any books, but it is a great many years ago, and our place has been destroyed by fire—I received a guarantee of 300
<hi rend="italic">l</hi>. with you from a guarantee society—I did not apply for that amount—you had your salary as fast as it was due—I sent 1
<hi rend="italic">l</hi>. a week to your wife, at your request, for her domestic necessities.</p>
<hi rend="italic">Re-examined.</hi> Until to day he has made no claim for salary which has not been paid—it was fully paid up.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-26" type="witnessName">
<interp inst="t18711120-name-26" type="gender" value="male"/>
<interp inst="t18711120-name-26" type="surname" value="BRETT"/>
<interp inst="t18711120-name-26" type="given" value="JAMES"/>JAMES BRETT</persName> </hi> (
<hi rend="italic">Detective Sergeant</hi>). I took the prisoner into custody—I told him the charge—I had a warrant, and I asked whether I should read it—he said "No, it is what I wanted, what I expected"—he handed me two pieces of card-board, and said "These are the things I have been mak
<lb/>ing"—I found a quantity of similar papers on him.</p>
<hi rend="italic">The prisoner in his defence stated that he received his salary from the amounts he collected, and that the books would slow that was the case.</hi> </p>
<hi rend="smallCaps">
<rs id="t18711120-4-verdict-1" type="verdictDescription">
<interp inst="t18711120-4-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18711120-4-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18711120-4-punishment-1" type="punishmentDescription">
<interp inst="t18711120-4-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t18711120-4-punishment-1" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-4-18711120 t18711120-4-punishment-1"/>Two Years' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18711120-5">
<interp inst="t18711120-5" type="uri" value="sessionsPapers/18711120"/>
<interp inst="t18711120-5" type="date" value="18711120"/>
<join result="criminalCharge" id="t18711120-5-charge-1" targOrder="Y" targets="def1-5-18711120 t18711120-5-offence-1 t18711120-5-verdict-1"/>
<persName id="def1-5-18711120" type="defendantName">
<interp inst="def1-5-18711120" type="gender" value="male"/>
<interp inst="def1-5-18711120" type="age" value="35"/>
<interp inst="def1-5-18711120" type="surname" value="PEARCE"/>
<interp inst="def1-5-18711120" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES PEARCE</hi> (35)</persName>,
<hi rend="smallCaps">
<rs id="t18711120-5-verdict-1" type="verdictDescription">
<interp inst="t18711120-5-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18711120-5-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18711120-5-offence-1" type="offenceDescription">
<interp inst="t18711120-5-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18711120-5-offence-1" type="offenceSubcategory" value="robbery"/>to feloniously assaulting
<persName id="t18711120-name-28" type="victimName">
<interp inst="t18711120-name-28" type="gender" value="male"/>
<interp inst="t18711120-name-28" type="surname" value="PAULL"/>
<interp inst="t18711120-name-28" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18711120-5-offence-1 t18711120-name-28"/>William Paull</persName>, with intent to rob him, having been before convicted of felony—</rs>
<hi rend="italic">
<rs id="t18711120-5-punishment-2" type="punishmentDescription">
<interp inst="t18711120-5-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18711120-5-punishment-2" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-5-18711120 t18711120-5-punishment-2"/>Two Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18711120-6">
<interp inst="t18711120-6" type="uri" value="sessionsPapers/18711120"/>
<interp inst="t18711120-6" type="date" value="18711120"/>
<join result="criminalCharge" id="t18711120-6-charge-1" targOrder="Y" targets="def1-6-18711120 t18711120-6-offence-1 t18711120-6-verdict-1"/>
<persName id="def1-6-18711120" type="defendantName">
<interp inst="def1-6-18711120" type="gender" value="male"/>
<interp inst="def1-6-18711120" type="age" value="38"/>
<interp inst="def1-6-18711120" type="surname" value="SCARBOROUGH"/>
<interp inst="def1-6-18711120" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN SCARBOROUGH</hi> (38)</persName>
<rs id="t18711120-6-offence-1" type="offenceDescription">
<interp inst="t18711120-6-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18711120-6-offence-1" type="offenceSubcategory" value="embezzlement"/>, to three indictments for embezzling nine sums, amounting to 22
<hi rend="italic">l</hi>., of
<persName id="t18711120-name-30" type="victimName">
<interp inst="t18711120-name-30" type="gender" value="male"/>
<interp inst="t18711120-name-30" type="surname" value="SMITH"/>
<interp inst="t18711120-name-30" type="given" value="MICHAEL"/>
<join result="offenceVictim" targOrder="Y" targets="t18711120-6-offence-1 t18711120-name-30"/>Michael Smith</persName> and others, his masters</rs>
<hi rend="italic">He received a good character, and was recommended to mercy by the prosecutors—
<rs id="t18711120-6-verdict-1" type="verdictDescription">
<interp inst="t18711120-6-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18711120-6-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty. See original trial image.]</rs>
<rs id="t18711120-6-punishment-3" type="punishmentDescription">
<interp inst="t18711120-6-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18711120-6-punishment-3" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-6-18711120 t18711120-6-punishment-3"/>Nine Months' Imprisonment.</rs> </hi> And</p> </div1>
<div1 type="trialAccount" id="t18711120-7">
<interp inst="t18711120-7" type="uri" value="sessionsPapers/18711120"/>
<interp inst="t18711120-7" type="date" value="18711120"/>
<join result="criminalCharge" id="t18711120-7-charge-1" targOrder="Y" targets="def1-7-18711120 t18711120-7-offence-1 t18711120-7-verdict-1"/>
<persName id="def1-7-18711120" type="defendantName">
<interp inst="def1-7-18711120" type="gender" value="male"/>
<interp inst="def1-7-18711120" type="age" value="25"/>
<interp inst="def1-7-18711120" type="surname" value="FARROW"/>
<interp inst="def1-7-18711120" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE FARROW</hi> (25)</persName>
<rs id="t18711120-7-offence-1" type="offenceDescription">
<interp inst="t18711120-7-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18711120-7-offence-1" type="offenceSubcategory" value="forgery"/>, to two indictments for forging and uttering two requests for the payment of 10
<hi rend="italic">l</hi>. each **—</rs>
<rs id="t18711120-7-verdict-1" type="verdictDescription">
<interp inst="t18711120-7-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18711120-7-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty. See original trial image.]</rs>
<rs id="t18711120-7-punishment-4" type="punishmentDescription">
<interp inst="t18711120-7-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18711120-7-punishment-4" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-7-18711120 t18711120-7-punishment-4"/>
<hi rend="italic">Seven Years' Penal Servitudes.</hi> </rs> </p> </div1>
<xptr type="pageFacsimile" doc="187111200008"/>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, November</hi> 20
<hi rend="italic">th</hi>, 1871.</p>
<hi rend="italic">Before Robert Malcolm Kerr, Esq.</hi> </p>
<div1 type="trialAccount" id="t18711120-8">
<interp inst="t18711120-8" type="uri" value="sessionsPapers/18711120"/>
<interp inst="t18711120-8" type="date" value="18711120"/>
<join result="criminalCharge" id="t18711120-8-charge-1" targOrder="Y" targets="def1-8-18711120 t18711120-8-offence-1 t18711120-8-verdict-1"/>
<persName id="def1-8-18711120" type="defendantName">
<interp inst="def1-8-18711120" type="gender" value="male"/>
<interp inst="def1-8-18711120" type="age" value="50"/>
<interp inst="def1-8-18711120" type="surname" value="NUGENT"/>
<interp inst="def1-8-18711120" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM NUGENT</hi> (50)</persName>,
<hi rend="smallCaps">
<rs id="t18711120-8-verdict-1" type="verdictDescription">
<interp inst="t18711120-8-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18711120-8-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18711120-8-offence-1" type="offenceDescription">
<interp inst="t18711120-8-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18711120-8-offence-1" type="offenceSubcategory" value="coiningOffences"/>to feloniously utter
<lb/>ing counterfeit coin, having been before convicted.</rs> </p>
<hi rend="italic">
<rs id="t18711120-8-punishment-5" type="punishmentDescription">
<interp inst="t18711120-8-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18711120-8-punishment-5" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-8-18711120 t18711120-8-punishment-5"/>Ten Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18711120-9">
<interp inst="t18711120-9" type="uri" value="sessionsPapers/18711120"/>
<interp inst="t18711120-9" type="date" value="18711120"/>
<join result="criminalCharge" id="t18711120-9-charge-1" targOrder="Y" targets="def1-9-18711120 t18711120-9-offence-1 t18711120-9-verdict-1"/>
<persName id="def1-9-18711120" type="defendantName">
<interp inst="def1-9-18711120" type="gender" value="male"/>
<interp inst="def1-9-18711120" type="age" value="22"/>
<interp inst="def1-9-18711120" type="surname" value="GOLDSBOROUGH"/>
<interp inst="def1-9-18711120" type="given" value="RICHARD"/>
<hi rend="largeCaps">RICHARD GOLDSBOROUGH</hi> (22)</persName>
<rs id="t18711120-9-offence-1" type="offenceDescription">
<interp inst="t18711120-9-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18711120-9-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Feloniously uttering coun
<lb/>terfeit coin.</rs> </p>
<hi rend="smallCaps">MR. GOODMAN</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. MONTAGU WILLIAMS</hi> </p>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18711120-name-34" type="witnessName">
<interp inst="t18711120-name-34" type="gender" value="male"/>
<interp inst="t18711120-name-34" type="surname" value="FULLER"/>
<interp inst="t18711120-name-34" type="given" value="FREDERICK"/>FREDERICK FULLER</persName> </hi>. On 14th October, I was with my brother, in the street—I saw the prisoner speak to my brother—he sent him for a half pound of spiced beef, and gave him a half-crown—my brother went into Mrs. Pooley's shop, in Cromer Street, opposite where we were—I saw him come out, and give the prisoner the meat and the change—the prisoner said he had not got a halfpenny, and he went away—I am quite sure he is the man.</p>
<hi rend="italic">Cross-examined.</hi> I am quite sure he gave my brother a half-crown—we Were playing in the street—it was about 7 o'clock in the evening.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-35" type="witnessName">
<interp inst="t18711120-name-35" type="gender" value="female"/>
<interp inst="t18711120-name-35" type="surname" value="POOLE"/>
<interp inst="t18711120-name-35" type="given" value="SARAH"/>SARAH POOLE</persName> </hi>. I keep a ham and beef shop, at 65, Cromer Street—on 14th October, between 6 and 7 o'clock in the evening, a little boy, who is here, came into the shop for a half pound of spiced beef—knowing his mother Was poor, I cut him a quarter of a pound, and that was 2
<hi rend="italic">d</hi>.—he gave me a florin—I wrapped the change in paper, and told him to take it carefully to his mother—I had to pay away the florin afterwards, and it was returned to me as bad—I am sure it was the same florin—I gave it to the policeman—some time afterwards the little boy Hunt came for two three-farthing candles—he gave me a florin—I said to a Mr. Perkins, who was there, "See if that is bad, as I have had one"—he found it was bad—I gave that florin to the policeman—there was about an hour between my receiving the two florins.</p>
<hi rend="italic">Cross-examined.</hi> I put the first florin in the till—there were two half-crowns there—I gave the boy 1
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>. change.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-36" type="witnessName">
<interp inst="t18711120-name-36" type="gender" value="male"/>
<interp inst="t18711120-name-36" type="surname" value="HUNT"/>
<interp inst="t18711120-name-36" type="given" value="HENRY"/>HENRY HUNT</persName> </hi>. On Saturday night, the 14th October, about 8 o'clock, I saw the prisoner at the corner of Cromer Street—he asked me to fetch two three-farthing candles from across the road—he gave me a florin—I went and paid for them with the florin—I went back afterwards to the man, and pointed him out to a gentleman.</p>
<hi rend="italic">Cross-examined.</hi> It was about 8 o'clock—I went to take the mangle home.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-37" type="witnessName">
<interp inst="t18711120-name-37" type="gender" value="male"/>
<interp inst="t18711120-name-37" type="surname" value="PERKINS"/>
<interp inst="t18711120-name-37" type="given" value="EDWARD WILLIAM"/>EDWARD WILLIAM PERKINS</persName> </hi>. I was in Mrs. Poole's shop when the first little boy came in—he was served with some spiced beef, paid with a florin, and went out—about an hour after another boy came in for two candles—Mrs. Poole called me and showed me a florin, which I found was bad—I went out with the boy, and he pointed out the prisoner to me—I asked him if he had sent the boy for two candles—he said "No; I did not do such a thing in my life"—I took him to the shop, and he said to the boy "Did I tell you it was a bad one?"And the boy said "No, if you had I should not have taken it to the shop"—I said to the prisoner "This is the second one that has come this morning"—he said it was not him; he never sent anyone in.</p>
<xptr type="pageFacsimile" doc="187111200009"/>
<hi rend="smallCaps">
<persName id="t18711120-name-38" type="witnessName">
<interp inst="t18711120-name-38" type="gender" value="male"/>
<interp inst="t18711120-name-38" type="surname" value="DEATH"/>
<interp inst="t18711120-name-38" type="given" value="JOSEPH"/>JOSEPH DEATH</persName> </hi> (
<hi rend="italic">Policeman E</hi> 66). The prisoner was given into custody between 7 and 8 o'clock on 16th October, by Mrs. Poole, for causing two bad florins to be uttered—the prisoner said it was not him—I found on him 7
<hi rend="italic">s</hi>. in silver, and 8 1/2
<hi rend="italic">d</hi>. in bronze, all good—I received two florins from Mrs. Poole.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-39" type="witnessName">
<interp inst="t18711120-name-39" type="gender" value="male"/>
<interp inst="t18711120-name-39" type="surname" value="WEBSTER"/>
<interp inst="t18711120-name-39" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These florins are bad, and from the same mould.</p>
<hi rend="smallCaps">
<rs id="t18711120-9-verdict-1" type="verdictDescription">
<interp inst="t18711120-9-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18711120-9-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 of a like offence in August</hi> 1870.</p>
<hi rend="italic">
<rs id="t18711120-9-punishment-6" type="punishmentDescription">
<interp inst="t18711120-9-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18711120-9-punishment-6" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-9-18711120 t18711120-9-punishment-6"/>Five Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18711120-10">
<interp inst="t18711120-10" type="uri" value="sessionsPapers/18711120"/>
<interp inst="t18711120-10" type="date" value="18711120"/>
<join result="criminalCharge" id="t18711120-10-charge-1" targOrder="Y" targets="def1-10-18711120 t18711120-10-offence-1 t18711120-10-verdict-1"/>
<persName id="def1-10-18711120" type="defendantName">
<interp inst="def1-10-18711120" type="gender" value="male"/>
<interp inst="def1-10-18711120" type="age" value="36"/>
<interp inst="def1-10-18711120" type="surname" value="STEVENS"/>
<interp inst="def1-10-18711120" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE STEVENS</hi> (36)</persName>
<rs id="t18711120-10-offence-1" type="offenceDescription">
<interp inst="t18711120-10-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18711120-10-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Feloniously uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MESSRS. F. H. LEWIS</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">THOMAS GOODMAN</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="t18711120-name-41" type="witnessName">
<interp inst="t18711120-name-41" type="gender" value="male"/>
<interp inst="t18711120-name-41" type="surname" value="MCPHERSON"/>
<interp inst="t18711120-name-41" type="given" value="JAMES"/>JAMES MCPHERSON</persName> </hi>. I am a labourer, of 6, Claude Street, Millwall—on 27th October, about 7.30 p.m., I was in the Glengall public-house—the prisoner came in with Taylor (
<hi rend="italic">See next case</hi>)—they were talking together, and I saw them go away in the direction of the Kingsbridge Arms, talking and walking together.</p>
<hi rend="italic">Cross-examined.</hi> There were four or five other people there, talking together, but I knew them as acquaintances—the prisoner spoke to no one but Taylor—I do not recollect seeing a cart outside—I was reading the papers—I go there every night.</p>
<hi rend="italic">Re-examined.</hi> I know Taylor by sight—I am sure he is one of the men.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-42" type="witnessName">
<interp inst="t18711120-name-42" type="gender" value="male"/>
<interp inst="t18711120-name-42" type="surname" value="SMITH"/>
<interp inst="t18711120-name-42" type="given" value="JOHN"/>JOHN SMITH</persName> </hi>. I am barman at the Kingsbridge Arms, Millwall—on 27th October, about 8 o'clock, Taylor came in for a glass of half and half—he gave me a shilling, which I broke, and gave to the head barman—the prisoner was the next customer—he came in two or three minutes after
<lb/>wards, and asked for some beer—Taylor had then left—he gave me a shil
<lb/>ling, which I broke in the tester—the prisoners were then both in front of the bar—Taylor had returned, and I broke both the shillings in their pre
<lb/>sence—Stevens was sitting in a chair while I was studying the shillings, but I do not know whether he saw me doing so—I then accused them of giving me a bad shilling each—the prisoners said nothing—the head barman opened his band, and found another shilling in it—I got over the bar, and shut the door—I spoke to Taylor—he said he was not aware it was bad, and gave me back the 10
<hi rend="italic">d</hi>. change which I had given him, and he had gone outside—I gave no change to the prisoner.</p>
<hi rend="italic">Cross-examined.</hi> I did not see them speak to each other—they were sit
<lb/>ting at opposite ends of the bar.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-43" type="witnessName">
<interp inst="t18711120-name-43" type="gender" value="male"/>
<interp inst="t18711120-name-43" type="surname" value="HODGE"/>
<interp inst="t18711120-name-43" type="given" value="JAMES"/>JAMBS HODGE</persName> </hi>. I was called, and found the prisoner and Taylor in front of the bar—Smith gave me two bad shillings—I took this shilling out of the prisoner's hand, and told him it was bad—he said that he did not think it was—I called Mr. Apsell, and gave him the two broken shillings, and one not broken.</p>
<hi rend="italic">Cross-examined.</hi> He also had a half-crown and a penny in good money.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-44" type="witnessName">
<interp inst="t18711120-name-44" type="gender" value="male"/>
<interp inst="t18711120-name-44" type="surname" value="APSELL"/>
<interp inst="t18711120-name-44" type="given" value="JAMES"/>JAMES APSELL</persName> </hi>. I am the landlord of the Kingsbridge Arms—I received three shillings from my barman, and broke one of them with my teeth—I saw one shilling taken from Taylor after he was taken to the station.</p>
<hi rend="smallCaps">JOHN SERJEANT</hi> (
<hi rend="italic">Policeman H E</hi>). The prisoner and Taylor were given into my custody—I received three shillings from Mr. Apsell—I searched Taylor at the Kingsbridge Arms, and found on him a half-sovereign, two shillings,</p>
<xptr type="pageFacsimile" doc="187111200010"/>
<p>and a halfpenny—I wrapped them in paper, and put them in my pocket, and afterwards at the station discovered that one of the shillings was bad.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-45" type="witnessName">
<interp inst="t18711120-name-45" type="gender" value="male"/>
<interp inst="t18711120-name-45" type="surname" value="WEBSTER"/>
<interp inst="t18711120-name-45" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These four shillings are bad, and three of them are from the same mould, that uttered by Taylor, and the one found on him, and the one taken from him.</p>
<hi rend="smallCaps">
<rs id="t18711120-10-verdict-1" type="verdictDescription">
<interp inst="t18711120-10-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18711120-10-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">He was further charged with a former conviction of a like offence, in June</hi>, 1861,
<hi rend="italic">to which he</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi>. (
<hi rend="italic">See next case.</hi>)</p> </div1>
<div1 type="trialAccount" id="t18711120-11">
<interp inst="t18711120-11" type="uri" value="sessionsPapers/18711120"/>
<interp inst="t18711120-11" type="date" value="18711120"/>
<join result="criminalCharge" id="t18711120-11-charge-1" targOrder="Y" targets="def1-11-18711120 t18711120-11-offence-1 t18711120-11-verdict-1"/>
<join result="criminalCharge" id="t18711120-11-charge-2" targOrder="Y" targets="def2-11-18711120 t18711120-11-offence-1 t18711120-11-verdict-2"/>
<persName id="def1-11-18711120" type="defendantName">
<interp inst="def1-11-18711120" type="gender" value="male"/>
<interp inst="def1-11-18711120" type="surname" value="STEVENS"/>
<interp inst="def1-11-18711120" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE STEVENS</hi> </persName> was
<hi rend="italic">again</hi> indicted, with
<persName id="def2-11-18711120" type="defendantName">
<interp inst="def2-11-18711120" type="gender" value="male"/>
<interp inst="def2-11-18711120" type="age" value="54"/>
<interp inst="def2-11-18711120" type="surname" value="TAYLOR"/>
<interp inst="def2-11-18711120" type="given" value="HENRY"/>
<hi rend="smallCaps">HENRY TAYLOR</hi>, (54)</persName>,
<rs id="t18711120-11-offence-1" type="offenceDescription">
<interp inst="t18711120-11-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18711120-11-offence-1" type="offenceSubcategory" value="coiningOffences"/>for unlawfully uttering counterfeit coin, haying other counterfeit coin in their possession.</rs> </p>
<hi rend="smallCaps">MESSRS. LEWIS</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">THOMAS GOODMAN</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. MONTAGU WILLIAMS</hi>
<hi rend="italic">defended Taylor.</hi> </p>
<hi rend="italic">The evidence in the former case was repeated.</hi> </p>
<hi rend="largeCaps">TAYLOR</hi>
<hi rend="italic">received a good character.</hi> </p>
<hi rend="largeCaps">STEVENS</hi>
<hi rend="smallCaps">
<rs id="t18711120-11-verdict-1" type="verdictDescription">
<interp inst="t18711120-11-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18711120-11-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>**—
<hi rend="italic">
<rs id="t18711120-11-punishment-7" type="punishmentDescription">
<interp inst="t18711120-11-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18711120-11-punishment-7" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-11-18711120 t18711120-11-punishment-7"/>Seven Years' Penal Servitude.</rs> </hi> </p>
<hi rend="largeCaps">TAYLOR</hi>
<hi rend="smallCaps">
<rs id="t18711120-11-verdict-2" type="verdictDescription">
<interp inst="t18711120-11-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18711120-11-verdict-2" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18711120-12">
<interp inst="t18711120-12" type="uri" value="sessionsPapers/18711120"/>
<interp inst="t18711120-12" type="date" value="18711120"/>
<join result="criminalCharge" id="t18711120-12-charge-1" targOrder="Y" targets="def1-12-18711120 t18711120-12-offence-1 t18711120-12-verdict-1"/>
<persName id="def1-12-18711120" type="defendantName">
<interp inst="def1-12-18711120" type="gender" value="female"/>
<interp inst="def1-12-18711120" type="age" value="18"/>
<interp inst="def1-12-18711120" type="surname" value="CORBETT"/>
<interp inst="def1-12-18711120" type="given" value="MARGARET"/>
<hi rend="largeCaps">MARGARET CORBETT</hi> (18)</persName>
<rs id="t18711120-12-offence-1" type="offenceDescription">
<interp inst="t18711120-12-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18711120-12-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MESSRS. ST. AUBYN</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">THOMAS GOODMAN</hi>
<hi rend="italic">conducted the Prosecution; and</hi> </p>
<hi rend="smallCaps">
<persName id="t18711120-name-49" type="witnessName">
<interp inst="t18711120-name-49" type="gender" value="male"/>
<interp inst="t18711120-name-49" type="surname" value="WILLIAMS"/>
<interp inst="t18711120-name-49" type="given" value="MONTAGU"/>MR. MONTAGU WILLIAMS</persName> </hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18711120-name-50" type="witnessName">
<interp inst="t18711120-name-50" type="gender" value="female"/>
<interp inst="t18711120-name-50" type="surname" value="NALDER"/>
<interp inst="t18711120-name-50" type="given" value="CHARLOTTE"/>CHARLOTTE NALDER</persName> </hi>. I am assistant to Mr. Field, a draper, of Churton Street, Pimlico—on 21st October I served the prisoner with a yard of sarcenet ribbon, which came to 1
<hi rend="italic">d</hi>.—she gave a shilling—I found it was bad, and gave it to Mr. Field—I also gave him a shilling which I took up off the counter on Thursday night—it was bad—the prisoner had left.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-51" type="witnessName">
<interp inst="t18711120-name-51" type="gender" value="female"/>
<interp inst="t18711120-name-51" type="surname" value="LARK"/>
<interp inst="t18711120-name-51" type="given" value="CHARLOTTE"/>CHARLOTTE LARK</persName> </hi>. I am assistant to Mr. Field—on 21st October, I saw the prisoner in the shop—I had seen her there on the Thursday before, and served her with a towel, which came to 7 1/2
<hi rend="italic">d</hi>.—she gave me a bad shilling—the last witness took it up to put it in the till.</p>
<hi rend="italic">Cross-examined.</hi> I did not know it was bad—it was about 6.45—there are six young ladies who serve, and there is quite enough for them to do.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-52" type="witnessName">
<interp inst="t18711120-name-52" type="gender" value="male"/>
<interp inst="t18711120-name-52" type="surname" value="FIELD"/>
<interp inst="t18711120-name-52" type="given" value="CHARLES HENRY"/>CHARLES HENRY FIELD</persName> </hi>. I am a draper, of 4, Churton Street, Pimlico—I saw the prisoner there on 21st October—I was called in, and told her that I was told she had been uttering another coin two days previous, and I should give her in custody—Nalder pointed to her, and said "That is the customer who gave me this shilling"—she said she was very sorry, and begged me not to give her in custody, but I did so with the two shillings which Nalder gave me.</p>
<hi rend="italic">Cross-examined.</hi> What she said was "I am quite innocent; I have only been into your shop once before, and that was to buy a little feather"—she begged me not to lock her up—I don't remember her saying that she was innocent.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Here are your words before the Magistrate: "You begged of me not to lock you up, and said you were innocent "There is not a word in your deposition about being very sorry?
<hi rend="italic">A.</hi> She said she was innocent of passing a bad one.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-53" type="witnessName">
<interp inst="t18711120-name-53" type="gender" value="male"/>
<interp inst="t18711120-name-53" type="surname" value="PRESTON"/>
<interp inst="t18711120-name-53" type="given" value="JOHN"/>JOHN PRESTON</persName> </hi> (
<hi rend="italic">Policeman B 51.</hi>) I took the prisoner, and received this shilling—he gave me the other one on Monday morning—I produce both.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-54" type="witnessName">
<interp inst="t18711120-name-54" type="gender" value="male"/>
<interp inst="t18711120-name-54" type="surname" value="WEBSTER"/>
<interp inst="t18711120-name-54" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These shillings are bad, and from the same mould.</p>
<hi rend="italic">The prisoner received a good character.</hi> </p>
<hi rend="smallCaps">
<rs id="t18711120-12-verdict-1" type="verdictDescription">
<interp inst="t18711120-12-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18711120-12-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18711120-13">
<interp inst="t18711120-13" type="uri" value="sessionsPapers/18711120"/>
<interp inst="t18711120-13" type="date" value="18711120"/>
<join result="criminalCharge" id="t18711120-13-charge-1" targOrder="Y" targets="def1-13-18711120 t18711120-13-offence-1 t18711120-13-verdict-1"/>
<xptr type="pageFacsimile" doc="187111200011"/>
<persName id="def1-13-18711120" type="defendantName">
<interp inst="def1-13-18711120" type="gender" value="male"/>
<interp inst="def1-13-18711120" type="age" value="19"/>
<interp inst="def1-13-18711120" type="surname" value="BARTLETT"/>
<interp inst="def1-13-18711120" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK BARTLETT</hi> (19)</persName>, was indicted
<rs id="t18711120-13-offence-1" type="offenceDescription">
<interp inst="t18711120-13-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18711120-13-offence-1" type="offenceSubcategory" value="coiningOffences"/>for a like offence.</rs> </p>
<hi rend="smallCaps">MESSRS. DEMICHELE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">THOMAS GOODMAN</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18711120-name-56" type="witnessName">
<interp inst="t18711120-name-56" type="gender" value="female"/>
<interp inst="t18711120-name-56" type="surname" value="SAMPSON"/>
<interp inst="t18711120-name-56" type="given" value="MARY ANN"/>MARY ANN SAMPSON</persName> </hi>. On 30th October I was in Acton Street, and saw the prisoner—he said "Will you go and buy me a penny bottle of scented hair oil, and a penny stand-up collar, at Mrs. Tadman's shop?"—he gave me a florin—I went there and asked for the things, and offered the florin—Mr. Smith, who was in the shop, came to the side-door, and I pointed the prisoner to him standing at the corner of Swinton Street—before I got to the middle of the road, the prisoner ran away—he did not stop for me to get up to him—I was taken to the station next day and picked him out from several others—I know him by his moustache.</p>
<hi rend="italic">Prisoner. Q.</hi> Did not the policeman tell you to pick out one with a red scarf on?
<hi rend="italic">A.</hi> No, he did nothing to indicate you—you did not wear a red scarf when I first saw you.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-57" type="witnessName">
<interp inst="t18711120-name-57" type="gender" value="male"/>
<interp inst="t18711120-name-57" type="surname" value="SMITH"/>
<interp inst="t18711120-name-57" type="given" value="JOHN"/>JOHN SMITH</persName> </hi>. I am a decorator, and lodge at Mrs. Tadman's shop—on Monday, 30th October, I went into the shop, and she put a florin into my hand—I found that it was bad—the little girl, Sampson, who was there, pointed out the prisoner to me at the corner of Swinton Street—he ran away directly he saw me follow her—she gave me the florin, and I gave it to the inspector—the prisoner had been pointed out to me a fortnight before, and I knew him—he is the man.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-58" type="witnessName">
<interp inst="t18711120-name-58" type="gender" value="female"/>
<interp inst="t18711120-name-58" type="surname" value="TADMAN"/>
<interp inst="t18711120-name-58" type="given" value="MARTHA"/>MARTHA TADMAN</persName> </hi>. I keep a shop at 5, Cromer Street—on 30th October, the girl Sampson came for a penny collar and a bottle of hair oil—she gave me a florin—Smith came in, I showed it to him, and he went out with the little girl—he afterwards gave me the florin, and I gave it to the constable.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-59" type="witnessName">
<interp inst="t18711120-name-59" type="gender" value="male"/>
<interp inst="t18711120-name-59" type="surname" value="JONES"/>
<interp inst="t18711120-name-59" type="given" value="JAMES"/>JAMES JONES</persName> </hi> (
<hi rend="italic">Policeman E</hi> 116). I received information, and took the prisoner on 31st October—he said that he was innocent—I saw the girl pick him out.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-60" type="witnessName">
<interp inst="t18711120-name-60" type="gender" value="male"/>
<interp inst="t18711120-name-60" type="surname" value="WEBSTER"/>
<interp inst="t18711120-name-60" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This half-crown is bad.</p>
<hi rend="italic">Prisoner's Defence.</hi> A young
<hi rend="italic">chap</hi> who I had had some words with, was talk
<lb/>ing to the constable about me, and I walked in front of them. They allowed me to get near the shop where the florin was passed, and then this
<hi rend="italic">chap</hi> came and asked me to go over the water, and the words were hardly out of his mouth before the policeman arrested me. I am innocent.</p>
<hi rend="smallCaps">
<rs id="t18711120-13-verdict-1" type="verdictDescription">
<interp inst="t18711120-13-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18711120-13-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18711120-13-punishment-8" type="punishmentDescription">
<interp inst="t18711120-13-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18711120-13-punishment-8" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-13-18711120 t18711120-13-punishment-8"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18711120-14">
<interp inst="t18711120-14" type="uri" value="sessionsPapers/18711120"/>
<interp inst="t18711120-14" type="date" value="18711120"/>
<join result="criminalCharge" id="t18711120-14-charge-1" targOrder="Y" targets="def1-14-18711120 t18711120-14-offence-1 t18711120-14-verdict-1"/>
<persName id="def1-14-18711120" type="defendantName">
<interp inst="def1-14-18711120" type="gender" value="male"/>
<interp inst="def1-14-18711120" type="age" value="27"/>
<interp inst="def1-14-18711120" type="surname" value="FITZPATRICK"/>
<interp inst="def1-14-18711120" type="given" value="ROBERT"/>
<interp inst="def1-14-18711120" type="occupation" value="post-office"/>
<hi rend="largeCaps">ROBERT FITZPATRICK</hi> (27)</persName>,
<hi rend="largeCaps">
<rs id="t18711120-14-verdict-1" type="verdictDescription">
<interp inst="t18711120-14-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18711120-14-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18711120-14-offence-1" type="offenceDescription">
<interp inst="t18711120-14-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18711120-14-offence-1" type="offenceSubcategory" value="mail"/>to stealing, whilst employed in the post-office, a post letter, containing a photographic portrait and 140 postage stamps, the property of
<persName id="t18711120-name-62" type="victimName">
<interp inst="t18711120-name-62" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18711120-14-offence-1 t18711120-name-62"/>Her Majesty's Postmaster-General</persName></rs>
<hi rend="italic">
<rs id="t18711120-14-punishment-9" type="punishmentDescription">
<interp inst="t18711120-14-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18711120-14-punishment-9" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-14-18711120 t18711120-14-punishment-9"/>Five Year Penal Servitude.</rs> </hi> </p> </div1>
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<interp inst="t18711120-15" type="date" value="18711120"/>
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<interp inst="def1-15-18711120" type="gender" value="male"/>
<interp inst="def1-15-18711120" type="age" value="35"/>
<interp inst="def1-15-18711120" type="surname" value="BROWN"/>
<interp inst="def1-15-18711120" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN BROWN</hi> (35)</persName>
<rs id="t18711120-15-offence-1" type="offenceDescription">
<interp inst="t18711120-15-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18711120-15-offence-1" type="offenceSubcategory" value="mail"/>, to a like offence—</rs>
<rs id="t18711120-15-verdict-1" type="verdictDescription">
<interp inst="t18711120-15-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18711120-15-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty. See original trial image.]</rs>
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<interp inst="t18711120-15-punishment-10" type="punishmentCategory" value="imprison"/>
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<join result="defendantPunishment" targOrder="Y" targets="def1-15-18711120 t18711120-15-punishment-10"/>
<hi rend="italic">Five years' Penal Servitude.</hi> </rs> </p> </div1>
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<interp inst="def1-16-18711120" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE VERRALL</hi> (17)</persName>
<rs id="t18711120-16-offence-1" type="offenceDescription">
<interp inst="t18711120-16-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18711120-16-offence-1" type="offenceSubcategory" value="mail"/>, to a like
<hi rend="italic">offense</hi> </rs>
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<interp inst="t18711120-16-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18711120-16-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty. See original trial image.]</rs>
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<hi rend="italic">Five Years' Penal Servitude.</hi> </rs> And</p> </div1>
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<interp inst="def1-17-18711120" type="surname" value="REED"/>
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<hi rend="largeCaps">HENRY REED</hi> (23)</persName>
<rs id="t18711120-17-offence-1" type="offenceDescription">
<interp inst="t18711120-17-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18711120-17-offence-1" type="offenceSubcategory" value="burglary"/>, to burglariously breaking and entering the dwelling-house of
<persName id="t18711120-name-66" type="victimName">
<interp inst="t18711120-name-66" type="gender" value="male"/>
<interp inst="t18711120-name-66" type="surname" value="LIARDET"/>
<interp inst="t18711120-name-66" type="given" value="JOHN EVELYN"/>
<join result="offenceVictim" targOrder="Y" targets="t18711120-17-offence-1 t18711120-name-66"/>John Evelyn Liardet</persName>, and stealing therein a quantity of food, his property.—** </rs>
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<interp inst="t18711120-17-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18711120-17-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty. See original trial image.]</rs>
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<interp inst="t18711120-17-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18711120-17-punishment-12" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-17-18711120 t18711120-17-punishment-12"/>
<hi rend="italic">Eighteen Months' Imprisonment.</hi> </rs> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, November</hi> 21
<hi rend="italic">st</hi>, 1871.</p>
<hi rend="italic">Before Mr. Deputy Recorder.</hi> </p>
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<interp inst="def1-18-18711120" type="age" value="34"/>
<interp inst="def1-18-18711120" type="surname" value="BOADEN"/>
<interp inst="def1-18-18711120" type="given" value="RICHARD"/>
<hi rend="largeCaps">RICHARD BOADEN</hi> (34)</persName>
<rs id="t18711120-18-offence-1" type="offenceDescription">
<interp inst="t18711120-18-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18711120-18-offence-1" type="offenceSubcategory" value="assault"/>, Unlawfully assaulting
<persName id="t18711120-name-68" type="victimName">
<interp inst="t18711120-name-68" type="gender" value="male"/>
<interp inst="t18711120-name-68" type="surname" value="EVANS"/>
<interp inst="t18711120-name-68" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18711120-18-offence-1 t18711120-name-68"/>James Evans</persName> on the High Seas, and without any legal or justifiable cause imprisoning bin for two months.</rs> </p>
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<hi rend="smallCaps">MESSRS. POLAND</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">BEASLEY</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. DIGBY</hi> </p>
<hi rend="smallCaps">SEYMOUR, Q.C</hi>.,
<hi rend="italic">with</hi>
<hi rend="smallCaps">MR. METCALFE</hi>,
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18711120-name-69" type="witnessName">
<interp inst="t18711120-name-69" type="gender" value="male"/>
<interp inst="t18711120-name-69" type="surname" value="EVANS"/>
<interp inst="t18711120-name-69" type="given" value="JAMES"/>JAMES EVANS</persName> </hi>. I was an able seaman on board the
<hi rend="italic">Star of Peace</hi>, which left Melbourne at the latter end of last July—I shipped at Melbourne to come home—one night, about a month after, while off Cape Horn (I don't remember the date) the captain (
<hi rend="italic">the prisoner</hi>) sang out to shake a reef out of the mizen topsail—I was on the deck-watch that night—I had come on at 8 o'clock, and our watch would be over at 12 o'clock—there were six or seven of us in a watch—I was in the closet at the time, but I don't think I was two minutes after the men got on the poop—I came aft just as the men got on the topsail halyards—the captain said "Evans, what is keeping you last?"—he did not speak too slow, and he did not speak too high—I said "My God, do you want me to fly"—he said "For the future I will keep my eyes upon you"—says I "All you can do to keep your eyes upon me"—he then sang out for the mainsail to be loosed—I went up the rigging to loose it—others went up with me—there were two to each side—I got half-way up the main-rigging, and the captain sang out to the second mate "You send that fellow up"—I sang out "I am up"—directly I got on the main-yard I loosed the sail, and I came on the midships of the yard and sang out to those below for the bunt-line to be let go—the captain said "If you don't shut up I will fix you"—the boatswain said the bunt
<lb/>line was all gone—I took another pull on it, and could not get it, it was still
<hi rend="italic">taut</hi>, and I sang out again, and it was then loosed—I did all that was wanted, and came down, and went on the poop to the captain, and said "What is the meaning of your trying to shut my mouth up when I am singing out for a rope to be let go"—he said "I will let you know I am half owner of the ship," And he mentioned something else about a superior ship, or a Government ship—I said "That's nothing, if you were full owner that does not say that you are going to stop my mouth"—he said "You are a blackguard"—I said "Well, you will be the means of making me one"—says he "Get off my poop," And as I was going down he said "Here, here, stop there," And then he sang out for the boatswain to fetch the irons out—when he said "Get off my poop," I said "Perhaps it is only very lately that you have had a poop"—the boatswain brought the irons aft, and gave them to the captain to put them on me—I told the captain I would not allow him to put them on me—he said "Who will you allow to put them on"—I said "I will allow the boatswain," And the boatswain did put them on—the captain then said, pointing up the mizen-rigging, "Now up there you will go"—I said "I will lose my hands, if you put me up there"—it was about 10.15 or 10.30 at night; the wind was dying away, and it was a regular sharp, cold night, the moon was bright—I told him I would not allow him to put me up there; with that he stamped his foot, and
<hi rend="italic">crunched</hi> his teeth at me, and said "You will have to go," And he got hold of me round the body, and pulled my shirt outside my trousers, and tore my shirt, and I held my hands with the irons on them like that, and shoved him, and he fell down—I told him I was willing to be put in any place except being triced up in the rigging—he said "You will have to go"—the boatswain said to me "Well, Evans, it is best to go on quietly, you will not be stopped up there long"—then I went—I went to the starboard side of the mizen-rigging, and they triced me up there—my two hands were</p>
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<p>triced up like that above my head; I had to lay my head on my arm so; I could not sit down, my breast was up against the rigging—there was a piece of rattling-line in the middle of the handcuffs—the boatswain fetched that—I had my feet on the deck—I could not sit down or incline; if the ship rolled, I had to roll with her—I was kept for two hours in that position; it was 10.15, and when I got down in the after-cabin it had just gone four bells, 2 o'clock—I could not account for the time, because I was in such agony with the cold—I was there when the next watch came up—when the captain fell I did not fall also—just as I shored him I fell up against the poop-rail—I did not fall on him—I did not fall on the deck—all this took place on the break of the poop—the men came aft, but I know nothing about that, only I heard them growling at the captain—I heard someone come aft, and put a screw of tobacco in my pocket, and one in my mouth, and said "You will not have to wait long there, the captain has found a place for you?"—when I was loosed I was taken down to the sail-room, and was kept there till 2.30 next Sunday afternoon—I had the irons on all that time, and for a fortnight after—the carpenter and cook cleared out from where they lived, and went forward in the forecastle, and I was put there; it was a deck-house; it was fitted up as a prison for me—I was kept there eight weeks and two days, till the vessel arrived in the port of London—I was kept in irons day and night for fourteen days—after that the irons were taken off during the day, and put on at night—during all the time I was in the deck-house I made no effort to break out or escape; it was no use—I am not sure of the day of the month that we arrived in the port of London; it was on a Saturday—I had the irons on as usual, from 5 o'clock in the evening till 9.30 next morning—I was shut up in the same place on the Sunday—I had the irons off till 6 o'clock, and then I was kept there with them till they were taken off by the officer, on the Monday afternoon, when I was taken away by a warrant-officer, and taken before Mr. Paget—I was convicted, and sentenced to one day's imprisonment.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SEYMOUR</hi>. I was put to steering the ship about a week after we left Melbourne—I said I could steer—I could do it, but I had the headache, I was sick; they would not allow me the wheel any more—the captain said I could not do it—that was about two or three weeks before I was put in irons—I did not say to a seaman named Man
<lb/>hood "The b——, (referring to the captain) said I could not steer; I have a good mind to go aft and do for the Scotch son of a bitch"—I don't think I spoke over a dozen words to that man—I did not say to him "If you were of the same mind as I am, you would go after the Scotch b——now;" nothing of the kind—I never said in Manhood's hearing that I would do for the captain—I never uttered any threat against the captain before the night that I was put in irons—I never said that if the captain ever said anything to me there would be a row—I never said so to James Brufort—I never said that if two or three would join me I would make a different ship of it, nor anything to that effect—three or four days before I was put in irons I had a dispute with a man named Miller—I got a belaying-pin to frighten him—I did not strike him with it—I hit him with my fist first; I and then, to frighten him, I struck the side of his bunk with the belaying-pin—I did not strike him on the body several times, nor try to do so, or threaten him—I had been in prison, in the hulks, for fourteen days, before I left Melbourne; that was for knocking off duty; that was the only time I was in prison—I was in Calcutta for four hours, for being drunk, that was</p>
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<p>a few months before—I had left the hulks just before I joined this ship—I was four weeks ashore—I had not been sent there for following the mate of my previous ship with an open knife—I did not tell Manhood and Shields so—I was imprisoned for knocking off duty—there was no charge of threat
<lb/>ening personal violence to anyone—on the night in question I sang out as loud as I could to let go the port bunt-line—I sang out bard enough to let them know below—I did not shout out louder than was necessary—when I sang out the second time I shouted at the pitch of my voice; not louder than I need have done—there were two boys and me and another man at the starboard side of the yard—the men I sang out to were about as far from me as this man (
<hi rend="italic">the foreman of the Jury</hi>)—the captain did not tell me not to call out so loud; he never spoke—he did not tell me to shut up; he said he would fix me—he said "If you don't shut up I will fix you"—I might have said "I will not"—I don't remember saying it—I had no busi
<lb/>ness on the poop at the time I went to the captain—I went to ask him why he told me to shut up when I was singing out for a rope to be let go—he said I was not to let him catch me again on the forecastle—I told him I was not in the forecastle—I did not say to the captain "I will give you a better chance to fix me yet"—I did not say so in Brufort's presence—I did not raise my arm, threatening to strike the captain—I went up to him with my arms folded, so—I called him an old woman, not an old wh—,—, or a son of a bitch—I told him to p—up his leg; that was when I was up the rigging—I shouted that from the rigging—I did not at the same time shake my fist in his face, and say that I would rip his puddings up and do for him—I was ten minutes on the poop, and my knife in my pocket at the time, and if I had had any ill-feeling towards the captain—it was not after I had called him an old woman that he sang out for the boatswain—he told me to get off his poop—I know Joe Senna, he was examined before the Magistrate—it is not true that after I called the captain an old wh——, he called the boatswain to bring the irons, and said "You beat all the men I ever saw"—I did not tell the captain before I was put in irons that I was only waiting for the fine weather to do for him—he did not say "If you don't keep quiet you will compel me to put you in irons"—he said he would let me know he was half-owner, and he would 'put me where I could not see him—after the irons were put on me, I shoved at him to stop him from tricing me up in the rigging; not several times; twice; it is not true that he fell undermost and I on him, on the deck—I did not fall at all; the captain fell himself—I did not fall on him—I know the second-mate, he attended to me during his watch, when I wanted to go to the closet—he did not take off one of my irons a day or two after
<lb/>wards, nor did I point towards the captain, and say "I should like to shoot the b——"—I did not use any expression of that kind—after I had been three days and a half on bread and water, the steward brought me some coffee and biscuits; it was not the morning after I was confined—I did not say to him "Take your b——coffee, you d—son of a bitch;" I was too glad of it—I did not, that same afternoon, while I was being removed across the deck, turn round and shake my fist at the captain, and say I would do for him yet—I said "You will pay for this"—I did not shake my fist at him; I was in irons when I came out of the cabin—I did not say I did not care to be put in irons, and that I would go home as a pas
<lb/>senger—I was twice offered to go out and walk about the deck—I did not refuse to go—I went outside the door, but the boatswain and mate were</p>
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<p>out there with a big bur, ready to hit me with it—I went so far as the door—I refused to go further than the door—on one occasion I threw my soup about the place—I refused to clear up the mess when I was told to do it—I did not threaten the mate with violence—I said "You have been torturing me in my grub all the time"—he said "Me! you are a pretty b——"—I said "Perhaps I am as good as you," And with that he swung the door in my face, and I never saw him till next morning, when I got my bread and water—I did not say I would do for him yet, as well as the captain, nothing of the kind—some beef was brought to me one day and I said I preferred bread and water, when I saw what grub it was—I was not told it was beef that all the crew were eating—my grub was brought to me about an hour after all the rest had had their meals; and it was not fit for a pig to eat, let alone a Christian—I persisted in taking bread and water for fifteen days—I told the mate I was quite content with that, before I would eat such grub as that; it was as black as ink—it was not the same that they got forward; I don't know that it was, I was locked up at the time.</p>
<hi rend="italic">Re-examined.</hi> There was soap in the soup that I threw down; there were two pieces of soap in it, a little piece and a big piece—I got a piece in my mouth, and I threw it down at the door in a passion—there was nobody in this place on deck but myself; it was solitary confinement—I did not hurt Miller with the belaying-pin; I struck the side of the bunk—he did not complain of my hurting him; he was in the watch that was to have relieved oars, and until he turned out I could not turn in—I went down, and called the watch—I struck him with my fist, but not with the iron—I struck him because he told me to ax his—there was no complaint made about it—I was ten minutes on the poop with the captain, and had my knife in my pocket, I did not threaten him in any way, I could have killed him in less than ten minutes, if I had wished, there was only him
<lb/>self there, and the man at the wheel.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-70" type="witnessName">
<interp inst="t18711120-name-70" type="gender" value="male"/>
<interp inst="t18711120-name-70" type="surname" value="SENNA"/>
<interp inst="t18711120-name-70" type="given" value="JOSEPH"/>JOSEPH SENNA</persName> </hi>. I was a seaman on board the
<hi rend="italic">Star of Peace</hi>, a British ship, sailing under the English flag—I joined at Melbourne for the homeward voyage—I was in the same watch with Evans—on the night of 26th August I went to the wheel from 10 to 12 o'clock—about 10.15 the captain, who was on the poop, ordered a reef to be taken out of the mizen topsail—all the men came aft—Evans was the last—the captain said to him "Why are you always the last man coming to your work when you are called?"—Evans said Why, what do you want me to do, to fly?"—the captain said "No, I want you to come to your work when you are called"—Evans did what he was called for, and the captain afterwards gave orders to loose the mainsail—Evans went up the rigging to loose it—after he got up in the main-yard he loosed the sail, and sang out "Let go the main bunt-line, and then he sang out a second time rather loud—the captain said if he did not shut up he would have punishment for it—Evans said to the captain "Why don't you do what you mean, not always nagging and growling"—he then came down from the mainyard, and went on to the poop where the captain was standing—I was at the wheel all the time—he stood before him, and said "Well, captain, why don't you do what you mean, not always growl
<lb/>ing, anything you want to do, fighting, or anything; I have been waiting for the fine weather to come, so I will have a talk to you"—the captain told him to go off his poop, he did not want to have anything to do with him—Evans said "It is lately since you had a poop of your own"—the captain said "You beat all the men I ever saw" And he ordered him off the</p>
<xptr type="pageFacsimile" doc="187111200016"/>
<p>poop again—Evans began to use very insulting language; he told the cap
<lb/>tain to go and p—up his leg, and play with the smoke, and called him a wh——, the captain then called the boatswain, and told him to fetch the handcuffs, and put him in irons—the boatswain brought them, and at first he refused to be ironed—the captain said "If he don't let you, I will put him in irons myself"—Evans said "No, I won't let an old son of a bitch put me in irons, I will let the boatswain put me in irons," And he did so—they were iron handcuffs—the captain then ordered the boatswain to trice him up in the rigging, two rattlin lines above the rail—the boatswain went to fetch a piece of rattlin line, and put it on the handcuffs—Evans refused to go in the rigging, so the captain said he would take him in the rigging himself, and he went to catch hold of him, and with his two hands Evans shoved the captain, and they both fell on the deck—I can't say who was uppermost—the boatswain and the second-mate came, and helped both of them up, and then the boatswain took him, and triced him up to the rigging—the line was fastened to one of the shrouds of the rigging, and his hands were like that (
<hi rend="italic">above his head</hi>)—he was fastened, and left there—the night was fine, very little wind, but the air was very cold, it was freezing—I re
<lb/>mained at the wheel two hours and ten minutes—the other watch relieved me about 12.10—the two watches then came aft together—I came aft myself after I had been relieved—the mate asked what was the matter, so we told him, and he called the captain up in his shirt sleeves—we told the captain that we wanted the man off the rigging—he said "What do you mean, do you want him out of the irons altogether?"—we said no, we wanted to take him off the rigging because the weather was unfit to keep a man fastened to the rigging like that—he said he should not take him off the rigging before he found a place to put him in—we asked him to take him off because it was not right to keep a man in such cold weather—he said "Well, if you like to see him off the rigging, I will take him off, and put him in the cabin"—he then gave the mate orders to take him down from the rigging, and to place him in a cabin, which was done—that was about 12.30 or 12.45, as near as I could judge—I don't know what time he was taken off the rigging, because as soon as we heard the captain give the mate orders to take him off we went forwards, and went below—next day he was put in the carpenter's house; that was a place where the car
<lb/>penter and the cook had lived; they used to sleep there—he remained there all the rest of the voyage, till we got to London—for the first few days he used to get bread and water—I don't know for how many days—the door used to be looked, and there was a piece of wood across the door, fitting in with rings and a padlock—I never saw him outside taking exer
<lb/>cise, to my knowledge; I saw him come out to go to the closet—I never heard him violent in any way while he was confined in the deck house—I did not see him do anything, or attempt to break out—we were supposed to have twelve or fourteen able seamen, and a couple of ordinary seamen in our forecastle; there were seven able seamen to each watch—after the bread and water I sometimes saw the food he got, not very often—I never took much interest in it—I saw him get coffee and bread when it was bread day, and pea soup and meat.</p>
<hi rend="italic">Cross-examined.</hi> He got the same food as the rest of the crew—I never attended upon him—I heard him sing out to let go the bunt-line—he sang out rather loud, not in the usual way—the captain told him not to call out—I don't know whether the captain did right in reprimanding him for</p>
<xptr type="pageFacsimile" doc="187111200017"/>
<p>it, perhaps he did not like to hear him sing out loud; some men might, perhaps, like to hear them sing out loud—when he first came up on the poop I was looking at him; I could not be always looking at him, because I had to steer the ship, and watch the compass—I could hear everything that was said, but I could not look at everything—I did not see whether or not he raised his hand as he approached the captain—I heard the cap
<lb/>tain say that he wanted to have nothing to do with him, and that he had better go off the poop—he said "Go off my poop"—Evans said he had very lately had a poop, and the captain then said "If you don't go off the poop I will put you in irons"—he did not go then—he called the captain an old wh—, and used other language—one day before this when we had rather too much work to do I heard Evans say "I try to go along quiet in his ship, but I see I can't do it, being humbugged like this; I will kick up a row, and get put in irons, and go home as a passenger"—he told me that he had been sent to the hulks at Melbourne for chasing the mate of a ship round the deck with a knife; he did not tell me alone, he told all the watch on the forecastle—he said he was there eight weeks—I never sailed with the captain before this—I sailed with him from Melbourne to London, two months and twenty-five days—I have no complaint to make against him—I don't know about another man—he always treated me well.</p>
<hi rend="italic">Re-examined.</hi> It was about two or three weeks after we left Melbourne that Evans told us about chasing the mate with a knife—I did not mention it to the captain; it was not my way to tell anything I heard—he did not say what he meant by humbugging on board this ship—sailors are always saying something when there is too much work to do, or when the weather is bad—it was bad weather when he said this, rough, and blowing.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-71" type="witnessName">
<interp inst="t18711120-name-71" type="gender" value="male"/>
<interp inst="t18711120-name-71" type="surname" value="BRUFORT"/>
<interp inst="t18711120-name-71" type="given" value="JAMES"/>JAMES BRUFORT</persName> </hi>. I was an able seaman on board the
<hi rend="italic">Star of Peace</hi> on the voyage from Melbourne—Evans was a shipmate—two or three days after leaving Melbourne he was at the wheel—the captain told the second
<lb/>mate to send him aft—Evans came aft, and the captain asked him what was the matter with him, and he told the captian he was sick—the captain said he was nothing but a d—
<hi rend="italic">loafer</hi>, and it would be best for him to go about his duty—I heard Evans say "You can do it as soon as you like"—on the night of 26th August I was in Evans' watch—I was one of the men called to reef the topsail—I was in the forecastle with Evans at the time, we went aft together—we were the two last—I was before Evans, he was just behind me—the captain said to Evans "You are last again, you are always last"—Evans said "Do you want me to fly?"—the captain said "No, I expect you to be here with the rest of the crew"—the captain told the second mate to loose the mainsail—Evans went up aloft—when he got up he sang out "Let go the bunt-line" In rather a loud tone—the captain told him to shut up—the second mate went toward the bunt-line and sang out it was all gone—Evans told the captain he should not shut up when there was anything to be done aloft—the captain said "I will fix you," And Evans said "I will give you a better chance of fixing me than this"—after the mainsail was let go, Evans came down and went on the poop to the captain and said "Fix me now, as you talk so much about fixing me"—the captain called him a d—blackguard—Evans used very abusive language to the captain, and the captain told him he would put him in irons, and called the boatswain to fetch the irons—the boatswain went—Evans was abusive to the captain—the captain was going to help the boatswain put the irons on Evans—and he said "I won't allow you to put the irons on, I will</p>
<xptr type="pageFacsimile" doc="187111200020"/>
<p>let the boatswain," And then the boatswain put them on—the captain said he would seize Evans up to the rigging—Evans said "No you won't,"—Evans was then standing quietly on the poop—the captain said "I will," and Evans said "What, would you seize a sick man up to the rigging?"—the captain sent the boatswain for a piece of rattlin line, and when he brought it, the captain went to take hold of Evans and Evans up with his hands and struck the captain, and they both fell on the deck—Evans was uppermost; after that the boatswain was ordered to trice him up to the rigging, and he was triced up—his hands were placed about six inches above his head—it was a cold frosty night—Evans was tied up there about an hour—I was there when the next watch came to relieve us, and I asked the next watch to go aft and ask the captain to take Evans out of irons—Evans was standing quietly up against the rigging at the time, saying nothing—he had his head down—all hands went aft and told the mate that we wanted the man out of the rigging, and we did not intend to do any more work in the ship until he was out—the mate went down and called the captain—the captain came up, and I told the captain I did not consider it a fit place for a man to be in the rigging such weather as that was, and if he wanted to punish the man he was to leave it for the law to do—the captain said he was perfectly aware of that, he would take the responsibility on his own head, all we had to do was to look after ourselves and not trouble our heads about him—we still refused to do any more duty, and the captain said he would take him out of the rigging—I was not there when he was released, it was my watch below then—it was about 1.45 when I left the deck—he was still in the rigging when I left the deck—I know that he was afterwards released and put in the carpenter's house—during the time he was in the deck house I never heard him use any threats or make any attempt to get away.</p>
<hi rend="italic">Cross-examined.</hi> He could not very well create a disturbance when he was in there—I did not attend to him—when he went on the poop I was below it, about 8 ft.—I could not see all that passed—I did not see him put himself in a threatening attitude to the captain—I did not see when he did, but I heard—I heard the captain say that he would keep him in the rigging until he got a place ready for him—I did not hear him say "If you don't go off the poop I will put you in irons"—there were several remarks between his speaking of the irons and the irons being brought—the man was still standing on the poop, and using abusive language to the captain—I know a man named Miller who was on board—I saw Evans strike Miller with a belaying-pin—I don't know whether it struck him; it caught on the edge of the bunk—it is true that I said "I saw him fetch an iron belaying-pin, and strike Miller with it twice on the body"—one blow indented the bunk—that was two or three days before—it was either on the morning of the 26th, or the day before—I heard Evans say if the captain ever said anything to him he would have a row—when Evans was called away from the helm he said "You can do it as soon as you like"—I did not hear the captain say to Evans that if he did not reform his ways that he would oblige him to punish him—all I understood was that the captain would punish him in some way or the other; what the language was I did not get hold of—the captain said he would punish him for his neglect of duty, and Evans said "You can do it as soon as you like."</p>
<hi rend="italic">Re-examined.</hi> Miller had to relieve Evans on the watch, and Evans went down to arouse, him—Miller used abusive language to him, and Evans</p>
<xptr type="pageFacsimile" doc="187111200021"/>
<p>pitched into him—he did not hurt him at all—he struck the bunk with the iron belaying-pin, but I thought it was more to frighten him than anything—Miller got up out of his bunk directly after that, and relieved him—I was close to the poop when I heard the conversation between Evans and the captain—I could see on the poop—I did not see any threatening attitude on the part of Evans to the captain.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-72" type="witnessName">
<interp inst="t18711120-name-72" type="gender" value="male"/>
<interp inst="t18711120-name-72" type="surname" value="MILLER"/>
<interp inst="t18711120-name-72" type="given" value="CHARLES"/>CHARLES MILLER</persName> </hi>. I was an able seaman on board the
<hi rend="italic">Star of Peace</hi>—I joined at Melbourne on the night of 26th August—I had to go on the watch at 12 o'clock, and when I came on deck I found Evans tied to the rigging—he could just touch the deck with his toes, and was tied up in the starboard mizen rigging—he was in a poor condition, crying with cold and pain—I was one of the men that went aft to remonstrate—I asked the captain what he was going to do with the man—he said "He will have to remain until to-morrow, when I find a place for him"—the captain had him sent down below afterwards—during the time Evans was confined in the deck-house he did not use any violence, and I did not hear any disturbance—he was always quiet—I had a quarrel with Evans a couple of days before he was put in irons, when he came to turn me out of the bunk—he struck me with his fist in the face—he did not hurt me to speak of—I did not make any complaint till a couple of days before we got in, and then I would not have spoken about it only the second mate came and asked me about it.</p>
<hi rend="italic">Cross-examined.</hi> Evans struck me—I did not see that he went for a belaying-pin—I did not see what occurred before the ironing took place—I was in my bunk—I did not have to look after Evans or attend to him at all when he was in the deck-house.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-73" type="witnessName">
<interp inst="t18711120-name-73" type="gender" value="male"/>
<interp inst="t18711120-name-73" type="surname" value="NICHOLAS"/>
<interp inst="t18711120-name-73" type="given" value="JOHN"/>JOHN NICHOLAS</persName> </hi>. I was an able seaman on board the
<hi rend="italic">Star of Peace</hi>—on the night of 26th August I saw Evans triced up to the rigging—he was in his shirt sleeves, and no cap, and a flannel outside his shirt—he was triced up to the ratlins—it was a fearful cold night.</p>
<hi rend="italic">Cross-examined.</hi> He was in his usual working clothes.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-74" type="witnessName">
<interp inst="t18711120-name-74" type="gender" value="male"/>
<interp inst="t18711120-name-74" type="surname" value="HILL"/>
<interp inst="t18711120-name-74" type="given" value="ISAAC"/>ISAAC HILL</persName> </hi> (
<hi rend="italic">Thames Police Inspector.</hi>) It is my duty to board homeward-bound vessels—on Saturday, 21st October, I boarded the
<hi rend="italic">Star of Peace</hi>, at Gravesend, at about 11.40 in the morning—I was informed that the captain had gone to London—at that time Evans was confined in the deck-house—I remained on board—the vessel came up the river, and got into the West India Docks about 5 o'clock—I saw the captain before she went in, when she was alongside the Blackball dummy—he called me, and asked me to take the seaman into custody—he asked me if I had seen the mate, and the official log-book, and I said "Yes"—he asked me to take the seaman into custody—I refused, and told him to let the man have his liberty—he said he should not, and walked away from me into the cabin—I referred him to the Magistrate at the Thames Police Court, and he then walked away—he shortly afterwards called me again, and asked me to take the man into custody, and I again refused—I told him he had no right to keep the man confined, the ship having arrived in port, and if he did so he would be responsible—he said he would, if it cost him pounds—I said, as the man had his wages to receive, there was no fear of him running away—he made no answer to that, and I left the cabin—I left the ship just after 6 o'clock—the man was still in confinement—it was not part of my duty to come up to London with the ship; but I thought it right to speak to the captain—I did not measure the house on deck—the window looking on to the deck was boarded up—there was light from the top.</p>
<xptr type="pageFacsimile" doc="187111200022"/>
<hi rend="italic">Cross-examined.</hi> I could see that it was a skylight—the place was light—it was between 5 and 6 o'clock when I spoke about going to the Magistrate, after the Courts were closed—it was Saturday night—the captain said that if I could not act he must wait till he got advice.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-75" type="witnessName">
<interp inst="t18711120-name-75" type="gender" value="male"/>
<interp inst="t18711120-name-75" type="surname" value="WARD"/>
<interp inst="t18711120-name-75" type="given" value="PETER"/>PETER WARD</persName> </hi> (
<hi rend="italic">Policeman K</hi> 210). On 23rd October, about 12.30 in the day, I took Evans into custody, on board the
<hi rend="italic">Star of Peace</hi>—he was locked up in the deck-house when I arrived—I saw the carpenter measure the deck-house—it was 7ft. by 6 1/2 ft., and 6 3/4 ft. in height—there was a skylight, about 2ft. by 15 in., and four iron bars ran lengthways at the top, fixed in the wood.</p>
<hi rend="italic">Cross-examined.</hi> I only saw one bunk; that was not included in the measurement—it was boarded up, leaving room for a man to get into it—it was about 2 1/2ft. wide, and 6 1/2ft. long—there was plenty of ventilation—I saw the captain before the Magistrate the first thing on the Monday morning at the sitting of the Court, when he made an application for a warrant.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-76" type="witnessName">
<interp inst="t18711120-name-76" type="gender" value="male"/>
<interp inst="t18711120-name-76" type="surname" value="CLAPSWORTHY"/>
<interp inst="t18711120-name-76" type="given" value="ABRAHAM"/>ABRAHAM CLAPSWORTHY</persName> </hi>. I am clerk in the Seaman's Registry Office, Adelaide Place, London Bridge—I produce the official log of the
<hi rend="italic">Star of Peace</hi>—it was deposited with us by the master, in the ordinary course.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-77" type="witnessName">
<interp inst="t18711120-name-77" type="gender" value="male"/>
<interp inst="t18711120-name-77" type="surname" value="COURTIN"/>
<interp inst="t18711120-name-77" type="given" value="FREDERICK"/>FREDERICK COURTIN</persName> </hi>. I live at Brunswick House, Clapham Common—I was Coroner and Magistrate at the Castlemaine District, in Victoria, fourteen years—I returned from Australia in the
<hi rend="italic">Star of Peace</hi> with my wife and child—Dr. New bold was the only other passenger—I was not present when this disturbance took place, on the night of 26th August—we were in bed—next day, at breakfast, the captain spoke to me on the subject—he consulted me upon that and other occasions, during the voyage; altogether five times, I think.</p>
<hi rend="italic">Cross-examined.</hi> He told me the facts upon which he had acted, he told me the whole affair—he told me that he had had reported to him threats against his life; that Evans had threatened his life, and that he was afraid of his life—I had noticed Evans constantly, just as a man would who has nothing to do on board, and my opinion that he was the man was confirmed by the observations I had made of him—I did not know who the man was, but I picked him out—I did not see any violent conduct on his part, but he always had a sulky, sullen appearance, and when the captain told me what had occurred, I said "Was it such a man,"Describing him, I did not know his name; and I afterwards found that was the man in custody—the captain consulted me afterwards, five or six times, about the course he was taking, whether I thought he was acting right, or too harshly, or too leniently—my advice was to keep the man there, that it would not be for the safety of the passengers or the property on board to let the man go, and I myself demanded it of him for the safety of my family—I have frequently seen the deck-house where Evans was confined—I have seen the door left open—he had much more room there than I had in my cabin, and mine was supposed to be the best in the ship—I never saw any unseemly conduct on the part of the captain in any way—I never heard him use any un
<lb/>seemly language, and I never wish to sail with a better man as a captain.</p>
<hi rend="italic">Re-examined.</hi> I noticed a peculiar look about Evans before he was con
<lb/>fined; he could never look you in the face—I never saw him guilty of any violence, or heard him use any threats—the advice I gave the captain was from what he told me—I also heard one of the men, Senna, tell the captain that he was in fear of his life; that the man was constantly getting up</p>
<xptr type="pageFacsimile" doc="187111200023"/>
<p>quarrels with the crew—I heard that he was kept fourteen days with the handcuffs on—that was not by my advice; the captain mentioned the matter—I forget whether it was fourteen days or not—I left the ship about 6.30 on the Saturday, to get my luggage out—I was not aware that he was put in irons that night—during the voyage home I did not hear of any disturbance in the deck-house, or any attempt to get out—the captain told me of his being tied up to the rigging—he did not tell me that the two watches came aft, and he had to take him down—he told me he only had him secured there until he could get a safe place to put him in.</p>
<hi rend="italic">The entries from the log were put in and read.</hi> </p>
<hi rend="italic">The Defendant's Statement before the Magistrate was read, at follows</hi>:—"After the threats he made use of to me, and of others reported to me as having been used by him, while shaking his fist in my face, I did not con
<lb/>sider it safe from the excited state he was in to leave him at large. He was not tied up with his hands over his head to the rigging, merely as high as his chin, with a slack rope about a foot to spare. I then consulted with my officers and passengers as to his being kept in confinement, and they agreed with me that it was not safe to allow him at large. He had the same food as the others; he was attended to three times a day by the chief officer, and occasionally by the doctor. I never had occasion to place a man in irons during the five years I have been a master."</p>
<hi rend="smallCaps">MR. SEYMOUR</hi>
<hi rend="italic">submitted that there was no cote to go to the Jury.</hi>
<hi rend="smallCaps">THE DEPUTY RECORDER</hi> (
<hi rend="italic">after hearing</hi>
<hi rend="smallCaps">MR. POLAND</hi>)
<hi rend="italic">was of opinion that there was no case upon which a Jury could be asked to convict. At to the Counts charg
<lb/>ing an unlawful imprisonment after the arrival of the vessel in port, some argument might be urged; but the evidence showed that the captain had taken the earliest opportunity of releasing himself from the responsibility of the man's custody. With respect to the imprisonment during the voyage, the man's insolence and insubordination fully justified it; and as the acts of the crew in demanding his release amounted in reality to mutiny, the captain was fully justified in retaining the man in confinement for the protection of the lives and property entrusted to him. With regard to the tricing up, it was limited in point of time, and was not shown to have caused any pain or injury; it was a punishment for a very grave offence, but not such an abuse of authority as to justify the indictment.</hi> </p>
<hi rend="smallCaps">
<rs id="t18711120-18-verdict-1" type="verdictDescription">
<interp inst="t18711120-18-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18711120-18-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
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<interp inst="t18711120-19" type="uri" value="sessionsPapers/18711120"/>
<interp inst="t18711120-19" type="date" value="18711120"/>
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<persName id="def1-19-18711120" type="defendantName">
<interp inst="def1-19-18711120" type="gender" value="male"/>
<interp inst="def1-19-18711120" type="age" value="25"/>
<interp inst="def1-19-18711120" type="surname" value="LEAD"/>
<interp inst="def1-19-18711120" type="given" value="HENRY"/>
<interp inst="def1-19-18711120" type="occupation" value="Post Office"/>
<hi rend="largeCaps">HENRY LEAD</hi>, (25)</persName>
<rs id="t18711120-19-offence-1" type="offenceDescription">
<interp inst="t18711120-19-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18711120-19-offence-1" type="offenceSubcategory" value="mail"/>, Stealing whilst employed in the the Post Office, a post letter containing 118 penny stamps, the property of
<persName id="t18711120-name-79" type="victimName">
<interp inst="t18711120-name-79" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18711120-19-offence-1 t18711120-name-79"/>Her Majesty's Postmaster General</persName>.</rs> </p>
<hi rend="smallCaps">MESSRS. METCALFE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">SLADE</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. MONTAGU</hi> </p>
<hi rend="smallCaps">WILLIAMS</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18711120-name-80" type="witnessName">
<interp inst="t18711120-name-80" type="gender" value="male"/>
<interp inst="t18711120-name-80" type="surname" value="MULOCK"/>
<interp inst="t18711120-name-80" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY MULOCK</persName> </hi>, I am senior clerk in the General Poet Office"—in consequence of what came to my knowledge about the state of the Western District Office I made up a test letter on 24th October, containing 118 postage stamps, which I had previously marked—I directed the envelope "Mr. J. Hillman, Linen Draper, Seiner's House, Baling, W."—I posted it at 2.45 at the Western Office in Chapel Street, Vere Street—I had pre
<lb/>viously given information at the office—I went to the office about 5.30 the same day, and went up stairs to the Postmaster's room—Mr. Hewitt came into the room, followed by the prisoner, Mr. Smith, the chief clerk, and Rumbold the constable—I said to the prisoner "I am an officer of the General Post Office, you are suspected of stealing a great many letters; there</p>
<xptr type="pageFacsimile" doc="187111200024"/>
<p>is a letter missing to day, sorted to you by Mr. Hewitt"—he said "I know nothing of any letter"—at that moment Rumbold put a quantity of stamps before me, and I identified them as the stamps I had enclosed in the letter—there were 118—these are them (
<hi rend="italic">produced</hi>)—I heard Mr. Smith say that he had picked them up, and that he saw the prisoner throw them away—I said to prisoner "Can you give any account of them?"—he said "No," and I gave him into custody.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-81" type="witnessName">
<interp inst="t18711120-name-81" type="gender" value="male"/>
<interp inst="t18711120-name-81" type="surname" value="SMITH"/>
<interp inst="t18711120-name-81" type="given" value="EDWARD"/>EDWARD SMITH</persName> </hi>. I am a clerk in the Western District Post Office—on 24th October I followed the prisoner up the stairs leading to the office where Mr. Mulock was—when we came to the top of the stairs I saw him throw something behind the door on the landing'—I immediately picked it up and took it to the Postmaster's room—I found they were the postage stamps produced—they were crumpled up.</p>
<hi rend="italic">Cross-examined.</hi> I was close behind him—I did not see anything left in his hand—I saw the motion of his hand, and I presumed he was throwing something away.</p>
<hi rend="italic">Re-examined.</hi> I am quite sure I saw what I picked up leave the prisoner's hand.</p>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>
<hi rend="italic">slated that he could not contend against this evidence.</hi> </p>
<hi rend="smallCaps">
<rs id="t18711120-19-verdict-1" type="verdictDescription">
<interp inst="t18711120-19-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18711120-19-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18711120-19-punishment-13" type="punishmentDescription">
<interp inst="t18711120-19-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18711120-19-punishment-13" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-19-18711120 t18711120-19-punishment-13"/>Five years' Penal Servitude.</rs> </hi> </p> </div1>
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<interp inst="def1-20-18711120" type="surname" value="MORIARTY"/>
<interp inst="def1-20-18711120" type="given" value="DANIEL"/>
<hi rend="largeCaps">DANIEL MORIARTY</hi>, (43)</persName>
<rs id="t18711120-20-offence-1" type="offenceDescription">
<interp inst="t18711120-20-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18711120-20-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery with violence on
<persName id="t18711120-name-83" type="victimName">
<interp inst="t18711120-name-83" type="gender" value="male"/>
<interp inst="t18711120-name-83" type="surname" value="SULLIVAN"/>
<interp inst="t18711120-name-83" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18711120-20-offence-1 t18711120-name-83"/>John Sulli
<lb/>van</persName>, and stealing 1
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. and a purse, his property.</rs> </p>
<hi rend="smallCaps">MR. COOPER</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18711120-name-84" type="witnessName">
<interp inst="t18711120-name-84" type="gender" value="male"/>
<interp inst="t18711120-name-84" type="surname" value="SULLIVAN"/>
<interp inst="t18711120-name-84" type="given" value="JOHN"/>JOHN SULLIVAN</persName> </hi>. I am a labourer, and live at 66, Baldwin's Gardens—on 21st October, about 3.30, I met the prisoner in Lincoln's Inn Fields—I had known him three or four years ago—we went and had some beer—he treated me to a pot of beer, and I gave him two—he asked me to go home with him—I went to his place—his wife was in the room—he spoke to her, and she left the room—he locked the door then—I said "I will go home"—he said "You shan't go home for a minute"—I said "I will go now"—I got up from the chair—he put his legs between mine and knocked me down, put his hand in my pocket, and took my purse and two half-sovereigns, and three shillings—he did not strike me—I cried out "Murder!" and "Police!"—Catherine Brown came up stairs and then the prisoner unlock
<lb/>ed the door and let me out—I went home because I was afraid of my life—I mentioned it to the police at 10 o'clock the next morning.</p>
<hi rend="italic">Prisoner. Q.</hi> How was it you did not get a policeman and take me up when you got out of the room?
<hi rend="italic">A.</hi> I was afraid of my life—you were too young for me—I work for Bob Mann, in Jermyn Street, and get 5
<hi rend="italic">d</hi>. an hour—I had 1
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>. for my week's wages—I work from 6.30 to 5.30 and have half an hour for breakfast, and an hour for dinner—I can't tell how many hours I worked that week—I finished my work at 1 o'clock that day, but I was busy after that, loading some timber.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-85" type="witnessName">
<interp inst="t18711120-name-85" type="gender" value="female"/>
<interp inst="t18711120-name-85" type="surname" value="BROWN"/>
<interp inst="t18711120-name-85" type="given" value="CATHERINE"/>CATHERINE BROWN</persName> </hi>. I am single, and live at 13, Grady Place, Drury Lane—the prisoner lodges in the room over mine—on Saturday, 21st October, about 9 o'clock at night, I heard Sullivan calling out "Police!" And "Murder!" I went up stairs—the prisoner opened the door—he had a candlestick in his hand—he made a blow at me with the candlestick—I ran down stairs directly—Sullivan came down stairs and said he had been robbed.</p>
<hi rend="italic">Prisoner.</hi> She was not up stairs at all, and saw nothing of it.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-86" type="witnessName">
<interp inst="t18711120-name-86" type="gender" value="male"/>
<interp inst="t18711120-name-86" type="surname" value="MARRIOTT"/>
<interp inst="t18711120-name-86" type="given" value="GEORGE"/>GEORGE MARRIOTT</persName> </hi> (
<hi rend="italic">Policeman E</hi> 42). On the morning of 22nd October</p>
<xptr type="pageFacsimile" doc="187111200025"/>
<p>the prosecutor spoke to me at the Bow Street Police Station, and I took the prisoner into custody at 13, Grady Place—I told him that Sullivan charged him with robbing him of a purse containing 23
<hi rend="italic">s</hi>.—he said "I know nothing about it"—I never saw the man.</p>
<hi rend="italic">Prisoner's Defence.</hi> We had several pots of beer together, and he went home with me, and we had some more beer—my wife was there—Sullivan said something, and my wife went down stairs, and said she would not come up again until he had gone away—he would not go home, and I showed him out of the door—there was no purse or money came from that man—I have never had anything of the sort against me before.</p>
<hi rend="italic">Witnesses for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18711120-name-87" type="witnessName">
<interp inst="t18711120-name-87" type="gender" value="male"/>
<interp inst="t18711120-name-87" type="surname" value="STREET"/>
<interp inst="t18711120-name-87" type="given" value="RICHARD"/>RICHARD STREET</persName> </hi>. I keep the Bull's Head public-house, in Vere Street, Lincoln's Inn Fields—I have known the prisoner about nine months—about 4.15 to 5 o'clock on this afternoon, the prisoner, prosecutor, and two other men came into my place—they said they had previously been to some other public-house—Moriarty came in for the purpose of paying me about 3
<hi rend="italic">s</hi>., his weekly score, and I think they had about three pots of beer between the four—my attention was called to the prosecutor beginning to quarrel with one of the four—I said "I can't have any dis
<lb/>turbance here"—he called for something—I said "I shall not serve you," and I said to the prisoner "You had better get home"—he said "I will, Sir, and as I shan't be out to-morrow will you put me up a half-gallon of beer in a bottle"—I said "Yes"—the prosecutor said to him "Then are you going home T—he said "Yes, I am"—he said "Well, I will go home with you, make it a gallon of beer, and I will pay for the other—I said "Won't you drink it here f—he said "No"—I put it into a gallon bottle, and put it on the counter—the prosecutor immediately took it up, and rushed out—as he had not left anything on the bottle I sent a friend after him to see where he had gone—the prisoner left as soon as the prosecutor did—from what I have known of him I don't believe he would be guilty of such a thing—the bottle was brought back by the prisoner's wife two days after
<lb/>wards—the prosecutor was not sober—I did not know either of the men but the prisoner.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-88" type="witnessName">
<interp inst="t18711120-name-88" type="gender" value="male"/>
<interp inst="t18711120-name-88" type="surname" value="GRAY"/>
<interp inst="t18711120-name-88" type="given" value="HENRY CHABLES"/>HENRY CHABLES GRAY</persName> </hi>. I am a clerk—I happened to enter Mr. Street's house on this afternoon, about 6 o'clock—I live there—the prosecutor, prisoner, and two Irish tailors were drinking together—the prosecutor was drunk—when Mr. Street put the gallon of beer on the counter the prose
<lb/>cutor laid hold of it, and went out very sharply in a direction opposite to the prisoner's residence—Mr. Street asked me to run and look after him—I found him turning into Lincoln's Inn Fields, offering the bottle to a police
<lb/>man—the prisoner followed me and joined him—he said "
<hi rend="italic">Dan</hi>, give me that"—he took the bottle from him, and they went along together towards the prisoner's home—I have known the prisoner about the same time as Mr. Street, and I believe him to be as straightforward a man as any in the neighbourhood.</p>
<hi rend="italic">Cross-examined.</hi> I know nothing against him—I don't know that he is a returned convict—I will swear that I had not the least idea of it.</p>
<hi rend="smallCaps">MR. COOPER</hi>
<hi rend="italic">called:</hi> </p>
<hi rend="smallCaps">
<persName id="t18711120-name-89" type="witnessName">
<interp inst="t18711120-name-89" type="gender" value="male"/>
<interp inst="t18711120-name-89" type="surname" value="KERLEY"/>
<interp inst="t18711120-name-89" type="given" value="FREDERICK"/>FREDERICK KERLEY</persName> </hi> (
<hi rend="italic">Detective Sergeant E.</hi>) I know the prisoner—I know that he has had seven years' penal servitude for a highway robbery in Russell Court, Covent Garden—I am not prepared with the date—I did not know he was here until I saw him in the dock—I think he is on ticket of leave now.</p>
<xptr type="pageFacsimile" doc="187111200026"/>
<hi rend="italic">Prisoner.</hi> I never had seven days' in my life.
<hi rend="italic">Witness.</hi> I believe he is the man—I was not present at his trial—Sergeant Ackrill is here—I had nothing to do with it—I am only speaking from information.</p>
<hi rend="italic">Prisoner.</hi> I can trace my time for twenty-five years—I have been living six years under one landlord—to say that I have had seven years' penal servitude is the biggest lie that ever was invented.</p>
<hi rend="smallCaps">
<rs id="t18711120-20-verdict-1" type="verdictDescription">
<interp inst="t18711120-20-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18711120-20-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18711120-21">
<interp inst="t18711120-21" type="uri" value="sessionsPapers/18711120"/>
<interp inst="t18711120-21" type="date" value="18711120"/>
<join result="criminalCharge" id="t18711120-21-charge-1" targOrder="Y" targets="def1-21-18711120 t18711120-21-offence-1 t18711120-21-verdict-1"/>
<persName id="def1-21-18711120" type="defendantName">
<interp inst="def1-21-18711120" type="gender" value="male"/>
<interp inst="def1-21-18711120" type="age" value="14"/>
<interp inst="def1-21-18711120" type="surname" value="SMITH"/>
<interp inst="def1-21-18711120" type="given" value="PERCY"/>
<hi rend="largeCaps">PERCY SMITH</hi> (14)</persName>,
<hi rend="smallCaps">
<rs id="t18711120-21-verdict-1" type="verdictDescription">
<interp inst="t18711120-21-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18711120-21-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18711120-21-offence-1" type="offenceDescription">
<interp inst="t18711120-21-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18711120-21-offence-1" type="offenceSubcategory" value="forgery"/>to forging and uttering two orders for 10
<hi rend="italic">l</hi>. and 10
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., with intent to defraud—</rs>
<hi rend="italic">Recommended to Mercy, by the Prosecutor—
<rs id="t18711120-21-punishment-14" type="punishmentDescription">
<interp inst="t18711120-21-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18711120-21-punishment-14" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-21-18711120 t18711120-21-punishment-14"/>One Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18711120-22">
<interp inst="t18711120-22" type="uri" value="sessionsPapers/18711120"/>
<interp inst="t18711120-22" type="date" value="18711120"/>
<join result="criminalCharge" id="t18711120-22-charge-1" targOrder="Y" targets="def1-22-18711120 t18711120-22-offence-1 t18711120-22-verdict-1"/>
<persName id="def1-22-18711120" type="defendantName">
<interp inst="def1-22-18711120" type="gender" value="male"/>
<interp inst="def1-22-18711120" type="age" value="38"/>
<interp inst="def1-22-18711120" type="surname" value="BRIAN"/>
<interp inst="def1-22-18711120" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES BRIAN</hi> (38)</persName>
<rs id="t18711120-22-offence-1" type="offenceDescription">
<interp inst="t18711120-22-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18711120-22-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, to stealing a watch of
<persName id="t18711120-name-92" type="victimName">
<interp inst="t18711120-name-92" type="gender" value="male"/>
<interp inst="t18711120-name-92" type="surname" value="MORE"/>
<interp inst="t18711120-name-92" type="given" value="ALEXANDER"/>
<join result="offenceVictim" targOrder="Y" targets="t18711120-22-offence-1 t18711120-name-92"/>Alexander More</persName>, having been before convicted</rs>
<rs id="t18711120-22-verdict-1" type="verdictDescription">
<interp inst="t18711120-22-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18711120-22-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty. See original trial image.]</rs>
<rs id="t18711120-22-punishment-15" type="punishmentDescription">
<interp inst="t18711120-22-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18711120-22-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-22-18711120 t18711120-22-punishment-15"/>
<hi rend="italic">Eighteen Month's Imprisonment.</hi> </rs> And</p> </div1>
<div1 type="trialAccount" id="t18711120-23">
<interp inst="t18711120-23" type="uri" value="sessionsPapers/18711120"/>
<interp inst="t18711120-23" type="date" value="18711120"/>
<join result="criminalCharge" id="t18711120-23-charge-1" targOrder="Y" targets="def1-23-18711120 t18711120-23-offence-1 t18711120-23-verdict-1"/>
<persName id="def1-23-18711120" type="defendantName">
<interp inst="def1-23-18711120" type="gender" value="male"/>
<interp inst="def1-23-18711120" type="age" value="17"/>
<interp inst="def1-23-18711120" type="surname" value="ELLIOTT"/>
<interp inst="def1-23-18711120" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK ELLIOTT</hi> (17)</persName>
<rs id="t18711120-23-offence-1" type="offenceDescription">
<interp inst="t18711120-23-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18711120-23-offence-1" type="offenceSubcategory" value="forgery"/>, to forging and uttering an order for the payment of 4
<hi rend="italic">l</hi>.—</rs>
<rs id="t18711120-23-verdict-1" type="verdictDescription">
<interp inst="t18711120-23-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18711120-23-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty. See original trial image.]</rs>
<rs id="t18711120-23-punishment-16" type="punishmentDescription">
<interp inst="t18711120-23-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18711120-23-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-23-18711120 t18711120-23-punishment-16"/>
<hi rend="italic">Six Month's Im
<lb/>prisonment.</hi> </rs> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, November</hi> 21
<hi rend="italic">st</hi>, 1871.</p>
<hi rend="italic">Before Robert Malcolm Kerr, Esq.</hi> </p>
<div1 type="trialAccount" id="t18711120-24">
<interp inst="t18711120-24" type="uri" value="sessionsPapers/18711120"/>
<interp inst="t18711120-24" type="date" value="18711120"/>
<join result="criminalCharge" id="t18711120-24-charge-1" targOrder="Y" targets="def1-24-18711120 t18711120-24-offence-1 t18711120-24-verdict-1"/>
<persName id="def1-24-18711120" type="defendantName">
<interp inst="def1-24-18711120" type="gender" value="male"/>
<interp inst="def1-24-18711120" type="age" value="52"/>
<interp inst="def1-24-18711120" type="surname" value="HAMPDEN"/>
<interp inst="def1-24-18711120" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN HAMPDEN</hi> (52)</persName>,
<hi rend="smallCaps">
<rs id="t18711120-24-verdict-1" type="verdictDescription">
<interp inst="t18711120-24-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18711120-24-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18711120-24-offence-1" type="offenceDescription">
<interp inst="t18711120-24-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18711120-24-offence-1" type="offenceSubcategory" value="libel"/>to a libel on
<persName id="t18711120-name-95" type="victimName">
<interp inst="t18711120-name-95" type="gender" value="male"/>
<interp inst="t18711120-name-95" type="surname" value="WALSH"/>
<interp inst="t18711120-name-95" type="given" value="JOHN HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18711120-24-offence-1 t18711120-name-95"/>John Henry Walsh</persName> </rs>
<hi rend="smallCaps">MR. F. H. LEWIS</hi>,
<hi rend="italic">for the Prosecution, stated that the prisoner had made a full apology in print, which the Prosecution accepted—
<rs id="t18711120-24-punishment-17" type="punishmentDescription">
<interp inst="t18711120-24-punishment-17" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18711120-24-punishment-17" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-24-18711120 t18711120-24-punishment-17"/>To enter into recog
<lb/>nizances to appear for judgment, if called upon, and to keep the peace for twelve months.</rs> </hi> And</p> </div1>
<div1 type="trialAccount" id="t18711120-25">
<interp inst="t18711120-25" type="uri" value="sessionsPapers/18711120"/>
<interp inst="t18711120-25" type="date" value="18711120"/>
<join result="criminalCharge" id="t18711120-25-charge-1" targOrder="Y" targets="def1-25-18711120 t18711120-25-offence-1 t18711120-25-verdict-1"/>
<persName id="def1-25-18711120" type="defendantName">
<interp inst="def1-25-18711120" type="gender" value="male"/>
<interp inst="def1-25-18711120" type="age" value="27"/>
<interp inst="def1-25-18711120" type="surname" value="MAYS"/>
<interp inst="def1-25-18711120" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES MAYS</hi> (27)</persName>
<rs id="t18711120-25-offence-1" type="offenceDescription">
<interp inst="t18711120-25-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18711120-25-offence-1" type="offenceSubcategory" value="forgery"/>, to feloniously forging and uttering an order for the payment of 10
<hi rend="italic">l</hi>., with intent to defraud—</rs>
<rs id="t18711120-25-verdict-1" type="verdictDescription">
<interp inst="t18711120-25-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18711120-25-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty. See original trial image.]</rs>
<rs id="t18711120-25-punishment-18" type="punishmentDescription">
<interp inst="t18711120-25-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18711120-25-punishment-18" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-25-18711120 t18711120-25-punishment-18"/>
<hi rend="italic">Nine Months' Imprisonment.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18711120-26">
<interp inst="t18711120-26" type="uri" value="sessionsPapers/18711120"/>
<interp inst="t18711120-26" type="date" value="18711120"/>
<join result="criminalCharge" id="t18711120-26-charge-1" targOrder="Y" targets="def1-26-18711120 t18711120-26-offence-1 t18711120-26-verdict-1"/>
<persName id="def1-26-18711120" type="defendantName">
<interp inst="def1-26-18711120" type="gender" value="male"/>
<interp inst="def1-26-18711120" type="age" value="39"/>
<interp inst="def1-26-18711120" type="surname" value="CARTER"/>
<interp inst="def1-26-18711120" type="given" value="NICHOLAS"/>
<hi rend="largeCaps">NICHOLAS CARTER</hi> (39)</persName>
<rs id="t18711120-26-offence-1" type="offenceDescription">
<interp inst="t18711120-26-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18711120-26-offence-1" type="offenceSubcategory" value="burglary"/>, Burglariously breaking and entering the dwelling-house of
<persName id="t18711120-name-98" type="victimName">
<interp inst="t18711120-name-98" type="gender" value="male"/>
<interp inst="t18711120-name-98" type="surname" value="ROBINSON"/>
<interp inst="t18711120-name-98" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18711120-26-offence-1 t18711120-name-98"/>William Robinson</persName>, and stealing therein two petticoats, and other articles, her property.</rs> </p>
<hi rend="smallCaps">MR. LANGPORD</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18711120-name-99" type="witnessName">
<interp inst="t18711120-name-99" type="gender" value="male"/>
<interp inst="t18711120-name-99" type="surname" value="AGER"/>
<interp inst="t18711120-name-99" type="given" value="SAMUEL"/>SAMUEL AGER</persName> </hi> (
<hi rend="italic">Policeman C</hi> 170). On the morning of 2nd November, about 2 o'clock, I was on duty in Orange Street, about 20 yards from White Hart Court, St. Martin's Lane—I saw the prisoner come out of Castle Street, and turn into Hemming's Row—I stopped him, and asked him what he was-loitering about for—Sullivan then came up, and said that he saw the prisoner taking some things out of a window—the prisoner said that it was not him—I took him in custody, and then went to 4, White Hart Court, and saw two petticoats, and some skirts and drawers, hanging out of the window, and some on a grating—the prisoner said that he would stab Sullivan with this knife (
<hi rend="italic">produced.</hi>)</p>
<hi rend="smallCaps">
<persName id="t18711120-name-100" type="witnessName">
<interp inst="t18711120-name-100" type="gender" value="male"/>
<interp inst="t18711120-name-100" type="surname" value="SULLIVAN"/>
<interp inst="t18711120-name-100" type="given" value="WILLIAM"/>WILLIAM SULLIVAN</persName> </hi>. I live at 4, White Hart Court—on the morning of 2nd November, between 1.30 and 2 o'clock, I saw the prisoner in the Court—I let him pass me, and went down the Court, and saw him pulling some things out of Mr. Robinson's window, No. 3—I said "Halloa!"And he ran by me—I caught him—another man interfered—he said that before he would let a little fellow like me take him he would knock me down, and he pulled out a knife, and said that he would stab me if I did not let him go—I said "Go on, I can catch you"—he ran, and the policeman stopped him.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-101" type="witnessName">
<interp inst="t18711120-name-101" type="gender" value="male"/>
<interp inst="t18711120-name-101" type="surname" value="ROBINSON"/>
<interp inst="t18711120-name-101" type="given" value="WILLIAM"/>WILLIAM ROBINSON</persName> </hi>. I occupy the ground-floor front room, at 3, White Hart Court—on the night of 1st November I did not fasten my window—it was shut, but it could be opened by anybody from the outside—I was</p>
<xptr type="pageFacsimile" doc="187111200027"/>
<p>disturbed by the policeman, and found the window half-way up—I missed these articles—they were safe when I went to bed.</p>
<hi rend="italic">The Prisoner's Statement before the Magistrate</hi>: "I am innocent. I was not loitering about. It is a case of mistaken identity."</p>
<hi rend="italic">Prisoner's Defence.</hi> I can conscientiously say that I am innocent. I Know nothing whatever about it. I was walking quietly along the street, and saw the witness running very hard after a man, who escaped. He came back, and gave me in custody.</p>
<hi rend="smallCaps">
<rs id="t18711120-26-verdict-1" type="verdictDescription">
<interp inst="t18711120-26-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18711120-26-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>,</p> </div1>
<div1 type="trialAccount" id="t18711120-27">
<interp inst="t18711120-27" type="uri" value="sessionsPapers/18711120"/>
<interp inst="t18711120-27" type="date" value="18711120"/>
<join result="criminalCharge" id="t18711120-27-charge-1" targOrder="Y" targets="def1-27-18711120 t18711120-27-offence-1 t18711120-27-verdict-1"/>
<persName id="def1-27-18711120" type="defendantName">
<interp inst="def1-27-18711120" type="gender" value="male"/>
<interp inst="def1-27-18711120" type="age" value="26"/>
<interp inst="def1-27-18711120" type="surname" value="TRUSSON"/>
<interp inst="def1-27-18711120" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM TRUSSON</hi> (26)</persName>
<rs id="t18711120-27-offence-1" type="offenceDescription">
<interp inst="t18711120-27-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18711120-27-offence-1" type="offenceSubcategory" value="burglary"/>, Burglariously breaking and entering the dwelling-house of
<persName id="t18711120-name-103" type="victimName">
<interp inst="t18711120-name-103" type="gender" value="female"/>
<interp inst="t18711120-name-103" type="surname" value="BOON"/>
<interp inst="t18711120-name-103" type="given" value="MARGARETTA"/>
<join result="offenceVictim" targOrder="Y" targets="t18711120-27-offence-1 t18711120-name-103"/>Margaretta Boon</persName>, and stealing therein one jug, her property.</rs> </p>
<hi rend="smallCaps">MR. STRAIGHT</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. GRIFFITHS</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18711120-name-104" type="witnessName">
<interp inst="t18711120-name-104" type="gender" value="male"/>
<interp inst="t18711120-name-104" type="surname" value="FINDER"/>
<interp inst="t18711120-name-104" type="given" value="ISAAC"/>ISAAC FINDER</persName> </hi> (
<hi rend="italic">Policeman S</hi> 8). On Tuesday morning, 7th November, about 2.30, I was on duty in Mary Terrace, High Street, Camden Town, and saw the prisoner go into the garden of No. 4—he remained three or four minutes, and I heard a slight noise—I looked round, and saw the prisoner just dropping from a window—he reached over, and took something from the window sill—he then ran away, and I ran after him—I did not lose sight of him—I caught him within 25 yards—he dropped this jug as he ran—I took him back to the house, and said "What was that you dropped?"—he said "Nothing"—there was not a soul near—I found the window open, and said "I suppose this is where you got it from"—he said "No, I was not in this garden at all, I was in the garden of No. 3 to seek a friend"—I called the landlady, who identified the jug—two patches of white were on the knees of the prisoner's trousers—it is a white window sill.</p>
<hi rend="italic">Cross-examined.</hi> He appeared to have been drinking in the fore-part of the day, but he knew what he was about—the sill is about 3ft. 6 in. from the ground—he told me that he was in the service of Mr. Grusaett, of the Eton Tavern, Haverstock Hill, as potman, and I believe that is true—the house is about four yards from the road—there are several houses with female servants there.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-105" type="witnessName">
<interp inst="t18711120-name-105" type="gender" value="male"/>
<interp inst="t18711120-name-105" type="surname" value="MONK"/>
<interp inst="t18711120-name-105" type="given" value="WILLIAM"/>WILLIAM MONK</persName> </hi> (
<hi rend="italic">Policeman S</hi> 355). I heard the sergeant ask the prisoner what he had been to No. 4 for—he said that he had not been there, he had been in the garden of No. 3—he had some white on his trousers—he was quite sober then.</p>
<hi rend="italic">Cross-examined.</hi> He seemed as if he had been drinking in the fore-part of the day.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-106" type="witnessName">
<interp inst="t18711120-name-106" type="gender" value="female"/>
<interp inst="t18711120-name-106" type="surname" value="BOON"/>
<interp inst="t18711120-name-106" type="given" value="MARGARETTA"/>MARGARETTA BOON</persName> </hi>. I live at 4, Mary Terrace, Camden Town—this jug is mine—it was on a table in front of the window when I went to bed—the blind was down, but I cannot say whether the window was fastened—when I was called the prisoner had the jug in his hand.</p>
<hi rend="italic">Cross-examined.</hi> I generally fasten the window when I go to bed—I have a servant.</p>
<hi rend="italic">Witnesses for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18711120-name-107" type="witnessName">
<interp inst="t18711120-name-107" type="gender" value="male"/>
<interp inst="t18711120-name-107" type="surname" value="PEACOCK"/>
<interp inst="t18711120-name-107" type="given" value="HENRY"/>HENRY PEACOCK</persName> </hi>. I am a cabinet maker, of King's College Road, Ade
<lb/>laide Road. I have known the prisoner about twelve months—on this un
<lb/>lucky evening he called on me at 10.30, and left at 1 o'clock in the morn
<lb/>ing—he bade me good night, and said "Before I go home I shall call on my girl"—he was not sober.</p>
<hi rend="italic">The prisoner received a good character.</hi> </p>
<hi rend="smallCaps">
<rs id="t18711120-27-verdict-1" type="verdictDescription">
<interp inst="t18711120-27-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18711120-27-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>,
<hi rend="italic">the Jury believing that the jug was not taken with a fraudulent intent.</hi> </p> </div1>
<div1 type="trialAccount" id="t18711120-28">
<interp inst="t18711120-28" type="uri" value="sessionsPapers/18711120"/>
<interp inst="t18711120-28" type="date" value="18711120"/>
<join result="criminalCharge" id="t18711120-28-charge-1" targOrder="Y" targets="def1-28-18711120 t18711120-28-offence-1 t18711120-28-verdict-1"/>
<xptr type="pageFacsimile" doc="187111200028"/>
<persName id="def1-28-18711120" type="defendantName">
<interp inst="def1-28-18711120" type="gender" value="male"/>
<interp inst="def1-28-18711120" type="age" value="20"/>
<interp inst="def1-28-18711120" type="surname" value="FISHER"/>
<interp inst="def1-28-18711120" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM FISHER</hi> (20)</persName>
<rs id="t18711120-28-offence-1" type="offenceDescription">
<interp inst="t18711120-28-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18711120-28-offence-1" type="offenceSubcategory" value="burglary"/>, Burglariously breaking and entering the dwelling-house of
<persName id="t18711120-name-109" type="victimName">
<interp inst="t18711120-name-109" type="gender" value="male"/>
<interp inst="t18711120-name-109" type="surname" value="BLOUNT"/>
<interp inst="t18711120-name-109" type="given" value="WALTER"/>
<join result="offenceVictim" targOrder="Y" targets="t18711120-28-offence-1 t18711120-name-109"/>Walter Blount</persName>, and stealing a watch, a chain, and a key, the property of
<persName id="t18711120-name-110" type="victimName">
<interp inst="t18711120-name-110" type="gender" value="female"/>
<interp inst="t18711120-name-110" type="surname" value="REDDELL"/>
<interp inst="t18711120-name-110" type="given" value="ELIZA"/>
<join result="offenceVictim" targOrder="Y" targets="t18711120-28-offence-1 t18711120-name-110"/>Eliza Reddell</persName>.
<hi rend="italic">Second Count</hi>—Feloniously removing the same.</rs> </p>
<hi rend="smallCaps">MESSRS. METCALFE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">F. H. LEWIS</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18711120-name-111" type="witnessName">
<interp inst="t18711120-name-111" type="gender" value="female"/>
<interp inst="t18711120-name-111" type="surname" value="REDDELL"/>
<interp inst="t18711120-name-111" type="given" value="ELIZA"/>ELIZA REDDELL</persName> </hi>. I live at present at 15, King Street, Portman Square—on 20th July I took some property to my cousin's house at North Bank—since then I have lost a considerable quantity of the property, and among it a gold watch and chain—the watch was worth 10
<hi rend="italic">l</hi>. or 12
<hi rend="italic">l</hi>.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-112" type="witnessName">
<interp inst="t18711120-name-112" type="gender" value="male"/>
<interp inst="t18711120-name-112" type="surname" value="ROACH"/>
<interp inst="t18711120-name-112" type="given" value="JOHN"/>JOHN ROACH</persName> </hi>. I am servant to Walter Blount, of 37, North Bank—on the morning of 5th August I found the house had been entered, and several things removed—Miss Reddell's boxes had been opened—the entry was made by the scullery window—I have seen the prisoner about the neigh
<hi rend="smallCaps">
<persName id="t18711120-name-113" type="witnessName">
<interp inst="t18711120-name-113" type="gender" value="male"/>
<interp inst="t18711120-name-113" type="surname" value="ESSEX"/>
<interp inst="t18711120-name-113" type="given" value="JAMES"/>JAMES ESSEX</persName> </hi>. I am a labouring carpenter, of 16, John Street, Portland Town—on 9th August I bought a gold watch of the prisoner for 2
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., and a chain for 1
<hi rend="italic">l</hi>., in St. John's Wood Road—he said he had found them in the Regent's Canal, and had it some time—a policeman came to me, and I told him a different story to what I have told to-day.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-114" type="witnessName">
<interp inst="t18711120-name-114" type="gender" value="female"/>
<interp inst="t18711120-name-114" type="surname" value="ESSEX"/>
<interp inst="t18711120-name-114" type="given" value="ELLEN"/>ELLEN ESSEX</persName> </hi>. I am the wife of the last witness—he brought the prisoner to me on 8th August, between 5 and 6 o'clock in the evening—he said he had a watch he wished to sell—I declined to have it—he said he had found it, and had it some time—they both, went away, and afterwards a man asked me to lend him the money to buy it, and I thought if the watch was good to him it would be good to me—I afterwards bought the chain also for 1
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—I pawned it in my own name, not in the name of Ann Essex.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-115" type="witnessName">
<interp inst="t18711120-name-115" type="gender" value="male"/>
<interp inst="t18711120-name-115" type="surname" value="REVEL"/>
<interp inst="t18711120-name-115" type="given" value="JOHN"/>JOHN REVEL</persName> </hi>. I am assistant to Mr. Richardson, a pawnbroker, of Port
<lb/>land Town—I produce a gold chain, pawned on 5th August, for 1
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., in the name of
<hi rend="italic">Ann</hi> Essex—I don't recollect whether that was the name given.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-116" type="witnessName">
<interp inst="t18711120-name-116" type="gender" value="male"/>
<interp inst="t18711120-name-116" type="surname" value="CLEMENTS"/>
<interp inst="t18711120-name-116" type="given" value="HERBERT"/>HERBERT CLEMENTS</persName> </hi> (
<hi rend="italic">Policeman H</hi> 25). On 11th October the prisoner was pointed out to me by a man named Layford—I told him I took him on a charge of burglary, on 5th August, at Mr. Blount's—he said "All right!"—he said at the station that he was going along Grove Road one morning, about 3.45, and met a woman with a horse, who asked him to let her through a gate, and he then saw the watch and picked it up.</p>
<hi rend="italic">Prisoner.</hi> The policeman Capel stuck his knuckles into my neck, and I was glad to say anything. As soon as he loosed me I said I knew nothing of the burglary,
<hi rend="italic">Witness.</hi> I was obliged to take him by the neck, for he was violent; he got between my legs and twice threw me down—Capel was in the cab with him.</p>
<hi rend="italic">Prisoner.</hi> Here is a scar, where he struck me on the mouth. Directly I got to the station they knocked me about, and nearly broke my arm; I told the doctor.</p>
<hi rend="italic">The Prisoner's Statement before the Magistrate</hi>:—"As I was going to work one morning, I can't say what morning, about 5.45, in St. John's Wood Road, near the Orphan School, there was a little girl coming up with a horse, and I was passing by, and the little girl said 'Would you mind open
<lb/>ing the gate for me?' I said 'Yes;' with that I opened the gate, and stood behind, and let the horse pass, and there was some dung up against the wall, and I caught my heel in the chain. I looked round and saw a little card box, and in the box was a little gold key and a watch. I took it</p>
<xptr type="pageFacsimile" doc="187111200029"/>
<p>Home for about a week. I met my brother one morning; I made use of a very bad expression, and said that I bad found a watch. He said 'Why don't you go and give it up?' I made me of the expression, and said 'Would the policeman give it up if he found it?"On the night after my brother comes to me; he says 'I think I know a man who wants to buy a watch.' With that I went up to the Red House, and there I saw that gentleman (Essex). I showed him the watch. He said 'I've not got the money.' He took me to see his wife. She asked me what I wanted for it, and asked me how I came by it. I told her what I have told you, that I found it. She said she did not care about buying it, for she did not believe I had come by it honestly. I told her I had found it down there, and she said she had not got the money. She made an appointment with me at 8 o'clock, or 8.30, when I sold the watch for 2
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., and the chain for 1
<hi rend="italic">l</hi>."</p>
<hi rend="smallCaps">
<persName id="t18711120-name-117" type="witnessName">
<interp inst="t18711120-name-117" type="gender" value="female"/>
<interp inst="t18711120-name-117" type="surname" value="REDDELL"/>
<interp inst="t18711120-name-117" type="given" value="ELIZA"/>ELIZA REDDELL</persName> </hi> (
<hi rend="italic">re-examined.</hi>) The watch was in a box, with a key, and the chain was in a different box—there was no little paper box, it was a wooden box.</p>
<rs id="t18711120-28-verdict-1" type="verdictDescription">
<interp inst="t18711120-28-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18711120-28-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">on the Second Count.</hi> </rs> </p>
<hi rend="italic">He was further charged with a previous conviction at Clerkenwell, in August</hi>, 1869,
<hi rend="italic">to which he</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi>.**—
<hi rend="italic">
<rs id="t18711120-28-punishment-19" type="punishmentDescription">
<interp inst="t18711120-28-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18711120-28-punishment-19" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-28-18711120 t18711120-28-punishment-19"/>seven years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18711120-29">
<interp inst="t18711120-29" type="uri" value="sessionsPapers/18711120"/>
<interp inst="t18711120-29" type="date" value="18711120"/>
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<persName id="def1-29-18711120" type="defendantName">
<interp inst="def1-29-18711120" type="gender" value="male"/>
<interp inst="def1-29-18711120" type="age" value="21"/>
<interp inst="def1-29-18711120" type="surname" value="FOX"/>
<interp inst="def1-29-18711120" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE FOX</hi> (21)</persName>
<rs id="t18711120-29-offence-1" type="offenceDescription">
<interp inst="t18711120-29-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18711120-29-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, Breaking and entering the church of
<placeName id="t18711120-geo-1">
<join result="offencePlace" targOrder="Y" targets="t18711120-29-offence-1 t18711120-geo-1"/>Bromley, St. Leonard's</placeName>, and stealing therein one clock, two metal plates, four bottles of wine, and other articles, the property of the churchwardens.</rs> </p>
<hi rend="smallCaps">MR. BOTTOMLEY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18711120-name-119" type="witnessName">
<interp inst="t18711120-name-119" type="gender" value="male"/>
<interp inst="t18711120-name-119" type="surname" value="WITHERS"/>
<interp inst="t18711120-name-119" type="given" value="HENRY"/>HENRY WITHERS</persName> </hi> (
<hi rend="italic">Policeman K</hi> 413). On 19th October, about 2.45, I was near Bromley church—I heard a noise, jumped over a wall, and found the prisoner and two others in a piece of waste ground, railed in, at the side of the church—they ran into a corner, and tried to escape—I ran after them, and seized the prisoner by the throat, and knocked another with my staff—he seized my staff, and ran away—I kept hold of the prisoner, and found these two bottles of wine, and this clock by him—I sprang my rattle, but it broke—it was some time before another constable came—I took the prisoner to the station, and then went back and found that the church door and the vestry door had been broken open, two money-boxes broken open, and a clock taken from the vestry—this
<hi rend="italic">jemmy</hi> was found by the clock and the wine—it corresponded with marks on the church door—a cupboard and a box in the vestry were broken open—I found on the prisoner 8
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>. in silver, and 9 1/2
<hi rend="italic">d</hi>. in copper, which was smothered with some white stuff, similar to the disinfecting fluid in the money-boxes in the church.</p>
<hi rend="italic">Prisoner. Q.</hi> Is there a gate into the waste ground?
<hi rend="italic">A.</hi> No, only a fence—I did not catch hold of you, and say "I will have you; if I don't have somebody I shall be in for it myself"—I never let go of you.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-120" type="witnessName">
<interp inst="t18711120-name-120" type="gender" value="male"/>
<interp inst="t18711120-name-120" type="surname" value="HORSBY"/>
<interp inst="t18711120-name-120" type="given" value="JAMES"/>JAMES HORSBY</persName> </hi>. I am sexton of Bromley church—I locked up the church and vestry about 12 o'clock in the day—the boxes were then perfectly safe and fast; and in the cupboard, which was broken open, there were, I think, four bottles of wine, and two decanters—these plates and this clock were also safe—they were the property of the churchwardens.</p>
<hi rend="italic">Prisoner's Defence.</hi> I was going home past the church, and heard cries. I got over the fence, and saw two men getting away, and another wrestling with the policeman. I went to help the policeman, and he said that if I attempted to move he would knock me down. The white stuff in my pocket was tobacco ash.</p>
<xptr type="pageFacsimile" doc="187111200030"/>
<hi rend="smallCaps">
<rs id="t18711120-29-verdict-1" type="verdictDescription">
<interp inst="t18711120-29-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18711120-29-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">He was further charged with a conviction at the Thames Police Court, in August</hi>, 1869,
<hi rend="italic">to which he</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi>**—
<hi rend="italic">
<rs id="t18711120-29-punishment-20" type="punishmentDescription">
<interp inst="t18711120-29-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18711120-29-punishment-20" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-29-18711120 t18711120-29-punishment-20"/>Seven Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18711120-30">
<interp inst="t18711120-30" type="uri" value="sessionsPapers/18711120"/>
<interp inst="t18711120-30" type="date" value="18711120"/>
<join result="criminalCharge" id="t18711120-30-charge-1" targOrder="Y" targets="def1-30-18711120 t18711120-30-offence-1 t18711120-30-verdict-1"/>
<persName id="def1-30-18711120" type="defendantName">
<interp inst="def1-30-18711120" type="gender" value="female"/>
<interp inst="def1-30-18711120" type="age" value="26"/>
<interp inst="def1-30-18711120" type="surname" value="PAYNE"/>
<interp inst="def1-30-18711120" type="given" value="FRANCES AUGUSTA"/>
<hi rend="largeCaps">FRANCES AUGUSTA PAYNE</hi> (26)</persName>, was indicted
<rs id="t18711120-30-offence-1" type="offenceDescription">
<interp inst="t18711120-30-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18711120-30-offence-1" type="offenceSubcategory" value="bigamy"/>for bigamy.</rs> </p>
<hi rend="smallCaps">MR. GRIFFITHS</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18711120-name-122" type="witnessName">
<interp inst="t18711120-name-122" type="gender" value="female"/>
<interp inst="t18711120-name-122" type="surname" value="BRISTOW"/>
<interp inst="t18711120-name-122" type="given" value="AMELIA"/>AMELIA BRISTOW</persName> </hi>. I live at 6, Brown Street, Grosvenor Square—the prisoner is my daughter—on 26th December, 1863, she was married to Richard Payne, at Malmesbury, Wiltshire—I last saw him in the Edgware Road, upwards of two years ago—I did not tell my daughter I had seen him.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-123" type="witnessName">
<interp inst="t18711120-name-123" type="gender" value="male"/>
<interp inst="t18711120-name-123" type="surname" value="RUSSELL"/>
<interp inst="t18711120-name-123" type="given" value="WALTER"/>WALTER RUSSELL</persName> </hi>. On 19th February, 1871, I was married to the prisoner, at St. John the Evangelist Church, Westminster—I had known her fourteen months.</p>
<hi rend="italic">Prisoner.</hi> I told you I was married three months before.
<hi rend="italic">Witness.</hi> You did not.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-124" type="witnessName">
<interp inst="t18711120-name-124" type="gender" value="male"/>
<interp inst="t18711120-name-124" type="surname" value="KING"/>
<interp inst="t18711120-name-124" type="given" value="JOHN"/>JOHN KING</persName> </hi> (
<hi rend="italic">Policeman.</hi>) I took the prisoner at the Grapes public-house, Manchester Square, on 17th October—I told her the charge—she said that her former husband had married again, and had got two children, and was living in Monmouthshire, and she thought she had a right to do the same—I produce the two certificates—Russell made the charge.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-125" type="witnessName">
<interp inst="t18711120-name-125" type="gender" value="female"/>
<interp inst="t18711120-name-125" type="surname" value="PAYNE"/>
<interp inst="t18711120-name-125" type="given" value="SARAH"/>SARAH PAYNE</persName> </hi>. I am a widow, and live at Malmesbury—my son, Richard Payne, was married to the prisoner in December, 1863—I saw him last in March last—I do not know that he has married again—they had one child, but it died.</p>
<hi rend="smallCaps">
<rs id="t18711120-30-verdict-1" type="verdictDescription">
<interp inst="t18711120-30-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18711120-30-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18711120-30-punishment-21" type="punishmentDescription">
<interp inst="t18711120-30-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18711120-30-punishment-21" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-30-18711120 t18711120-30-punishment-21"/>Three Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18711120-31">
<interp inst="t18711120-31" type="uri" value="sessionsPapers/18711120"/>
<interp inst="t18711120-31" type="date" value="18711120"/>
<join result="criminalCharge" id="t18711120-31-charge-1" targOrder="Y" targets="def1-31-18711120 t18711120-31-offence-1 t18711120-31-verdict-1"/>
<persName id="def1-31-18711120" type="defendantName">
<interp inst="def1-31-18711120" type="gender" value="female"/>
<interp inst="def1-31-18711120" type="age" value="41"/>
<interp inst="def1-31-18711120" type="surname" value="VARE"/>
<interp inst="def1-31-18711120" type="given" value="ELIZABETH"/>
<hi rend="largeCaps">ELIZABETH VARE</hi> (41)</persName>
<rs id="t18711120-31-offence-1" type="offenceDescription">
<interp inst="t18711120-31-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18711120-31-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously cutting and wounding
<persName id="t18711120-name-127" type="victimName">
<interp inst="t18711120-name-127" type="gender" value="male"/>
<interp inst="t18711120-name-127" type="surname" value="JONES"/>
<interp inst="t18711120-name-127" type="given" value="ROBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t18711120-31-offence-1 t18711120-name-127"/>Robert Jones</persName>, with intent to do him some grievous bodily harm.</rs> </p>
<hi rend="smallCaps">MR. ST. AUBYN</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18711120-name-128" type="witnessName">
<interp inst="t18711120-name-128" type="gender" value="male"/>
<interp inst="t18711120-name-128" type="surname" value="JONES"/>
<interp inst="t18711120-name-128" type="given" value="ROBERT"/>ROBERT JONES</persName> </hi>. I lived at 5, St. Hemman's Road, Westminster, with the prisoner—a man named Colson was living above us—I had some words with the prisoner, struck her with my foot, and then took up the poker to her—she took up a knife—we struggled—I was wounded in the stomach—I can't say how it happened—I was taken to the hospital.</p>
<hi rend="smallCaps">
<rs id="t18711120-31-verdict-1" type="verdictDescription">
<interp inst="t18711120-31-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18711120-31-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18711120-32">
<interp inst="t18711120-32" type="uri" value="sessionsPapers/18711120"/>
<interp inst="t18711120-32" type="date" value="18711120"/>
<join result="criminalCharge" id="t18711120-32-charge-1" targOrder="Y" targets="def1-32-18711120 t18711120-32-offence-1 t18711120-32-verdict-1"/>
<persName id="def1-32-18711120" type="defendantName">
<interp inst="def1-32-18711120" type="gender" value="male"/>
<interp inst="def1-32-18711120" type="age" value="33"/>
<interp inst="def1-32-18711120" type="surname" value="BARTLETT"/>
<interp inst="def1-32-18711120" type="given" value="JONATHAN"/>
<hi rend="largeCaps">JONATHAN BARTLETT</hi> (33)</persName>
<rs id="t18711120-32-offence-1" type="offenceDescription">
<interp inst="t18711120-32-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18711120-32-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 8 yards of silk, and 82 yards of silk, the property of
<persName id="t18711120-name-130" type="victimName">
<interp inst="t18711120-name-130" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18711120-32-offence-1 t18711120-name-130"/>the General Steam Navigation Company</persName>, in a port.</rs> </p>
<hi rend="smallCaps">MR. METOALFE</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. MONTAGU WILLIAMS</hi> </p>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18711120-name-131" type="witnessName">
<interp inst="t18711120-name-131" type="gender" value="male"/>
<interp inst="t18711120-name-131" type="surname" value="REED"/>
<interp inst="t18711120-name-131" type="given" value="GEORGE"/>GEORGE REED</persName> </hi> (
<hi rend="italic">Thames Police Inspector.</hi>) On the afternoon of 21st October, about 1.15, I met the prisoner on Tower Hill, coming towards the City—he was from 300 to 400 yards from where the
<hi rend="italic">Cologne</hi> was lying—he wore a white smock frock, which was very bulky in front—I said "You have got it this time"—he said "Yes"—I said "What ship are you from?"—he said "From no ship"—I put him in a cab, and told the cabman to drive to Wapping Police Station—on the road he took a parcel from under his smock frock, and threw it on my lap—it was 82 yards of black silk—I said "Where did you get it?"—he said "A man gave me a shilling to take it to the Subway"—I said "Who is the man?"—he said "I do not know; but he is a tall man, with
<hi rend="italic">carrotty</hi> whiskers, and wears a round hat"—when we got to the Gun Dock, he said "This is the place where the man gave it to me"—I said "Then why did you conceal</p>
<xptr type="pageFacsimile" doc="187111200031"/>
<p>it?"—he said "Because the man told me to do so"—this ticket was attached to the silk—he gave me his address—I went there, and found 9 1/2 yds. of plaid woollen shirting, 15 yds. of this, 8 yds. of insertion, 8 yds. of grey lindsey, 8 1/2 yds. of satin, 5 yds. of alpacca, 4 yds. of silk gauze, and 2 1/2 yds. of canvas, which are wrapped up in three cotton hand-kerchiefs; also this French soldier's cape.</p>
<hi rend="italic">Cross-examined.</hi> I inquired about a man with
<hi rend="italic">carrotty</hi> whiskers and a
<hi rend="italic">billycock</hi> hat—I will not undertake to say that there is not such a man.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-132" type="witnessName">
<interp inst="t18711120-name-132" type="gender" value="male"/>
<interp inst="t18711120-name-132" type="surname" value="REDIELLI"/>
<interp inst="t18711120-name-132" type="given" value="PHILIP"/>PHILIP REDIELLI</persName> </hi> (
<hi rend="italic">through an interpreter.</hi>) I live at 19, Rue des Alles, Lyons, and am clerk to Charles Candy and others, silk merchants—on 14th October I was present and saw twenty-three pieces of silk packed in this case (
<hi rend="italic">produced</hi>)—I entered them in this book—the ticket produced was on one of them—three other similar pieces of silk were put into the case—I I saw it nailed down, banded down with wood, and sent away.</p>
<hi rend="italic">Cross-examined.</hi> Here is the entry of this ticket in my book.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-133" type="witnessName">
<interp inst="t18711120-name-133" type="gender" value="male"/>
<interp inst="t18711120-name-133" type="surname" value="LANGOIS"/>
<interp inst="t18711120-name-133" type="given" value="LOUIS JOSEPH"/>LOUIS JOSEPH LANGOIS</persName> </hi> (
<hi rend="italic">through an interpreter.</hi>) I live at Rue de la Madelaine, Boulogne, and am a forwarding agent—I recognise this case—I shipped it in good condition on board the
<hi rend="italic">Cologne</hi>, on 19th October.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-134" type="witnessName">
<interp inst="t18711120-name-134" type="gender" value="male"/>
<interp inst="t18711120-name-134" type="surname" value="HUBBARD"/>
<interp inst="t18711120-name-134" type="given" value="JOHN"/>JOHN HUBBARD</persName> </hi>. I am mate of the
<hi rend="italic">Cologne</hi>, which belongs to the General Steam Navigation Company—we started from Boulogne on 19th October, arrived in London on the 20th, and unloaded on the 21st—the prisoner was employed to unload the cargo on the 21st, and had access to all the cases on board, from 8 o'clock in the morning till 1 o'clock, when he finished; but we had not finished unloading then.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-135" type="witnessName">
<interp inst="t18711120-name-135" type="gender" value="male"/>
<interp inst="t18711120-name-135" type="surname" value="ROBINSON"/>
<interp inst="t18711120-name-135" type="given" value="JOHN"/>JOHN ROBINSON</persName> </hi>. I am wharf superintendent to Messrs. Lebeau, of 6, Billiter Street, who had a quantity of goods consigned to them—I saw this case on the 23rd, not in the state in which our clerks usually send out cases—nails had been drawn out and put back—I sent for Messrs. Candy's man.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-136" type="witnessName">
<interp inst="t18711120-name-136" type="gender" value="indeterminate"/>
<interp inst="t18711120-name-136" type="surname" value="DURONGART"/>
<interp inst="t18711120-name-136" type="given" value="SHILIBERT"/>SHILIBERT DURONGART</persName> </hi>. I am clerk to Messrs. Candy—they have a house at Lyons—I was sent for to look at this case, and found that it was not full—there were only twenty-one pieces; two pieces of black silk were missing—I never saw this piece of silk in the box; it is worth about 16
<hi rend="italic">l</hi>.—another piece like it is missing.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-137" type="witnessName">
<interp inst="t18711120-name-137" type="gender" value="male"/>
<interp inst="t18711120-name-137" type="surname" value="GIGGINS"/>
<interp inst="t18711120-name-137" type="given" value="WILLIAM"/>WILLIAM GIGGINS</persName> </hi>. I am warehouseman to Richard Chandler—two cases of goods from Lyons were consigned to him by the
<hi rend="italic">Cologne</hi>—I opened one of them, and found a space—I took two or three pieces of goods out, and found this paper (
<hi rend="italic">produced</hi>)—the silk or satin has been taken out of it—this satin produced is the same quality and make as we received by that consignment, and I believe it to be the same—four pieces are missing, value 58
<hi rend="italic">l</hi>.</p>
<hi rend="smallCaps">
<rs id="t18711120-32-verdict-1" type="verdictDescription">
<interp inst="t18711120-32-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18711120-32-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18711120-32-punishment-22" type="punishmentDescription">
<interp inst="t18711120-32-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18711120-32-punishment-22" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-32-18711120 t18711120-32-punishment-22"/>Seven Year' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18711120-33">
<interp inst="t18711120-33" type="uri" value="sessionsPapers/18711120"/>
<interp inst="t18711120-33" type="date" value="18711120"/>
<join result="criminalCharge" id="t18711120-33-charge-1" targOrder="Y" targets="def1-33-18711120 t18711120-33-offence-1 t18711120-33-verdict-1"/>
<persName id="def1-33-18711120" type="defendantName">
<interp inst="def1-33-18711120" type="gender" value="male"/>
<interp inst="def1-33-18711120" type="age" value="54"/>
<interp inst="def1-33-18711120" type="surname" value="LIPPARD"/>
<interp inst="def1-33-18711120" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES LIPPARD</hi> (54)</persName>
<rs id="t18711120-33-offence-1" type="offenceDescription">
<interp inst="t18711120-33-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18711120-33-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, Stealing a pair of boots, the property of
<persName id="t18711120-name-139" type="victimName">
<interp inst="t18711120-name-139" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18711120-33-offence-1 t18711120-name-139"/>the General Steam Navigation Company</persName>, his masters, in a vessel in a port.</rs> </p>
<hi rend="smallCaps">MR. METCALFE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18711120-name-140" type="witnessName">
<interp inst="t18711120-name-140" type="gender" value="male"/>
<interp inst="t18711120-name-140" type="surname" value="LASCOT"/>
<interp inst="t18711120-name-140" type="given" value="EMILE"/>EMILE LASCOT</persName> </hi>. I am a bootmaker, at Boulogne—I made these boots (
<hi rend="italic">produced</hi>), and packed them, with four other pairs, on 18th October, addressed to a lady of title, in this country, who had an accident some years ago, and one of her ankles is larger than the other—I directed the parcel to Lebeau's office, to send to this country—the left boot is larger in the ankle than the right.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-141" type="witnessName">
<interp inst="t18711120-name-141" type="gender" value="indeterminate"/>
<interp inst="t18711120-name-141" type="surname" value="LAURANT"/>
<interp inst="t18711120-name-141" type="given" value="POIRET"/>POIRET LAURANT</persName> </hi> (
<hi rend="italic">through an interpreter.</hi>) I live at Boulogne, and</p>
<xptr type="pageFacsimile" doc="187111200032"/>
<p>am packer to Lebeau & Co.—on 18th October Lasco brought a parcel there, which I put into a group parcel, on the 19th—I put a canvas cover over the whole, and it was sewn with a cord—I then plumbed the ends, which forms a leaden seal, and delivered it to Lebeau's cart, in good condition.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-142" type="witnessName">
<interp inst="t18711120-name-142" type="gender" value="male"/>
<interp inst="t18711120-name-142" type="surname" value="JOSEPH"/>
<interp inst="t18711120-name-142" type="given" value="DANIEL"/>DANIEL JOSEPH</persName> </hi> (
<hi rend="italic">through an interpreter.</hi>) I am carman to Messrs. Lebeau—on 19th October I received a parcel from the last witness, and carried it to the quay—it was then in good condition—I saw it put into the hands of one who was there, to see it loaded.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-143" type="witnessName">
<interp inst="t18711120-name-143" type="gender" value="male"/>
<interp inst="t18711120-name-143" type="surname" value="LENOIR"/>
<interp inst="t18711120-name-143" type="given" value="LOUIS JOSEPH"/>LOUIS JOSEPH LENOIR</persName> </hi>. I am clerk to Messrs. Lebeau—I received this package, and put it on board the
<hi rend="italic">Cologne</hi>, on 19th October, in good con
<hi rend="smallCaps">
<persName id="t18711120-name-144" type="witnessName">
<interp inst="t18711120-name-144" type="gender" value="male"/>
<interp inst="t18711120-name-144" type="surname" value="ROBINSON"/>
<interp inst="t18711120-name-144" type="given" value="JOHN"/>JOHN ROBINSON</persName> </hi>. I am superintendent to Messrs. Lebeau, at St. Kathe
<lb/>rine's Wharf—I saw a group parcel, of which the plumbing was gone—on looking at it I discovered that two parcels were missing.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-145" type="witnessName">
<interp inst="t18711120-name-145" type="gender" value="male"/>
<interp inst="t18711120-name-145" type="surname" value="HUBBARD"/>
<interp inst="t18711120-name-145" type="given" value="JOHN"/>JOHN HUBBARD</persName> </hi>. I am mate on board the
<hi rend="italic">Cologne</hi>—the prisoner was a seaman on board, from Boulogne to London—there was a general cargo, consisting of these things and others—the prisoner slept on board at Boulogne, and he assisted in loading and unloading—he had permission to go when we got to London—he had opportunities of going on shore during the day.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-146" type="witnessName">
<interp inst="t18711120-name-146" type="gender" value="male"/>
<interp inst="t18711120-name-146" type="surname" value="REED"/>
<interp inst="t18711120-name-146" type="given" value="JOHN"/>JOHN REED</persName> </hi> (
<hi rend="italic">Thames Police Inspector.</hi>) On 21st October, between 3 and 4 o'clock in the afternoon—I boarded the
<hi rend="italic">Cologne</hi>, went to the prisoner's berth—I said "Whose berth is this?"—the prisoner said "It is my berth"—I found these boots there, and said "To whom do these boots belong?"—he said "To me, I bought them in Boulogne, and gave six francs for them; I bought them for my daughter"—the captain said "At what shop did you buy them?"—he said "From no shop, I bought them from a man in the street"—the mate said "Of whom?"—he said "I don't know his name, he spoke good English, but I think he was a Frenchman."</p>
<hi rend="smallCaps">
<rs id="t18711120-33-verdict-1" type="verdictDescription">
<interp inst="t18711120-33-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18711120-33-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18711120-33-punishment-23" type="punishmentDescription">
<interp inst="t18711120-33-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18711120-33-punishment-23" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-33-18711120 t18711120-33-punishment-23"/>Seven Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18711120-34">
<interp inst="t18711120-34" type="uri" value="sessionsPapers/18711120"/>
<interp inst="t18711120-34" type="date" value="18711120"/>
<join result="criminalCharge" id="t18711120-34-charge-1" targOrder="Y" targets="def1-34-18711120 t18711120-34-offence-1 t18711120-34-verdict-1"/>
<persName id="def1-34-18711120" type="defendantName">
<interp inst="def1-34-18711120" type="gender" value="male"/>
<interp inst="def1-34-18711120" type="age" value="19"/>
<interp inst="def1-34-18711120" type="surname" value="LUCAS"/>
<interp inst="def1-34-18711120" type="given" value="ARTHUR"/>
<hi rend="largeCaps">ARTHUR LUCAS</hi> (19)</persName>
<rs id="t18711120-34-offence-1" type="offenceDescription">
<interp inst="t18711120-34-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18711120-34-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing two boots, the property of
<persName id="t18711120-name-148" type="victimName">
<interp inst="t18711120-name-148" type="gender" value="male"/>
<interp inst="t18711120-name-148" type="surname" value="BUDDEN"/>
<interp inst="t18711120-name-148" type="given" value="HARRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18711120-34-offence-1 t18711120-name-148"/>Harry Budden</persName>.</rs> </p>
<hi rend="smallCaps">MR. PATER</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18711120-name-149" type="witnessName">
<interp inst="t18711120-name-149" type="gender" value="male"/>
<interp inst="t18711120-name-149" type="surname" value="MITCHELL"/>
<interp inst="t18711120-name-149" type="given" value="JOHN"/>JOHN MITCHELL</persName> </hi> (
<hi rend="italic">City Detective.</hi>) On 8th November, about 3 o'clock, I met the prisoner in Postern Row, Tower Hill, with another man, who went into Mr. Budden's boot shop, and came out—the prisoner then took this bag from him, went into the boot shop, and came out again, and handed the bag to the other man—I ran after them—the man with the boots threw them down—I pursued him.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-150" type="witnessName">
<interp inst="t18711120-name-150" type="gender" value="male"/>
<interp inst="t18711120-name-150" type="surname" value="BUDDEN"/>
<interp inst="t18711120-name-150" type="given" value="HENRY"/>HENRY BUDDEN</persName> </hi>. I am a bootmaker, of 6, Postern Row, Tower Hill—these boots are my property—they are worth between 8
<hi rend="italic">s</hi>. and 10
<hi rend="italic">s</hi>.—they were safe in my window.</p>
<hi rend="italic">Prisoner's Defence.</hi> I met a man who is not in custody. I was looking into the next shop window, and he went in, and came out with a pair of boots; I never took my hands out of my pockets; he ran away, and they took hold of me, and said "Never mind, this one will do just as well. I did not touch the boots.</p>
<hi rend="smallCaps">
<rs id="t18711120-34-verdict-1" type="verdictDescription">
<interp inst="t18711120-34-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18711120-34-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18711120-34-punishment-24" type="punishmentDescription">
<interp inst="t18711120-34-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t18711120-34-punishment-24" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-34-18711120 t18711120-34-punishment-24"/>Nine Months' Imprisonment.</rs> </hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, November</hi> 22
<hi rend="italic">nd</hi>, 1871.</p>
<hi rend="italic">Before Mr. Baron Bramwell.</hi> </p>
<div1 type="trialAccount" id="t18711120-35">
<interp inst="t18711120-35" type="uri" value="sessionsPapers/18711120"/>
<interp inst="t18711120-35" type="date" value="18711120"/>
<join result="criminalCharge" id="t18711120-35-charge-1" targOrder="Y" targets="def1-35-18711120 t18711120-35-offence-1 t18711120-35-verdict-1"/>
<persName id="def1-35-18711120" type="defendantName">
<interp inst="def1-35-18711120" type="gender" value="male"/>
<interp inst="def1-35-18711120" type="age" value="31"/>
<interp inst="def1-35-18711120" type="surname" value="TURNER"/>
<interp inst="def1-35-18711120" type="given" value="GEORGE BENJAMIN"/>
<hi rend="largeCaps">GEORGE BENJAMIN TURNER</hi> (31)</persName>, was indicted
<rs id="t18711120-35-offence-1" type="offenceDescription">
<interp inst="t18711120-35-offence-1" type="offenceCategory" value="damage"/>
<interp inst="t18711120-35-offence-1" type="offenceSubcategory" value="other"/>for feloni
<lb/>ously setting fire to certain papers in a dust-bin near to a certain ware-house, with intent to injure the owners.</rs> </p>
<xptr type="pageFacsimile" doc="187111200033"/>
<hi rend="smallCaps">MESSRS. MBTCALFE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">ST. ACBYN</hi>
<hi rend="italic">conducted the Prosecution; and</hi> </p>
<hi rend="smallCaps">MR. STRAIGHT</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18711120-name-152" type="witnessName">
<interp inst="t18711120-name-152" type="gender" value="male"/>
<interp inst="t18711120-name-152" type="surname" value="BROWN"/>
<interp inst="t18711120-name-152" type="given" value="HENRY"/>HENRY BROWN</persName> </hi>. I am warehouseman to Mr. Alexander Ochterloney Greig and others, army clothiers, of 17, Coleman Street—the prisoner was in their employment up to about the end of September last as an occasional porter—he was then discharged because there was no work for him to do—he had a week's notice—there is a portion of our premises called the dock: at the left hand side of White Horse Yard—I believe this plan (
<hi rend="italic">produced</hi>) to be correct—this dock, or dust-bin, is in fact a square room shut out from the body of the warehouse, but under the same roof, and is used for refuse, and to put a truck in—a little door opens from the warehouse into the dust-bin, and it is occasionally opened to throw in the dust from the count
<lb/>ing-house, and other refuse, and there is an outer door through which the rubbish is taken when the place is full—a plank had been missing from there for some little time, and a truck stood against the door—on the evening of 20th October, about 6.30, my attention was called to the dust
<lb/>bin, and I found the whole of the paper in it on fire—my son and I got water and
<hi rend="italic">doused</hi> it out—we had the rubbish kicked out, and then found a mass of fire, quite at the back, all burning down beneath where I thought it was extinguished—in my opinion the fire had originated behind that door—it could not have arisen by accident; there was no light, or anything, from the premises that could have caused it—the dust-bin was covered over, and was under the warehouse; the missing panel left a space quite large enough for anyone to get through; anyone could put their hand through that, and apply a light—there is a water-closet there, but that is kept locked—there is no other convenience there.</p>
<hi rend="italic">Cross-examined.</hi> I am the managing man—the prisoner came into the service about June—he had a guinea a week—I had every reason to be satisfied with him, but had no further demand for his services from slack
<lb/>ness of work—I told him so, I believe, about 30th September—I also told him that I would assist him if I could in getting another situation, and if we had more work he might be taken on again—he was recommended to us by Mr. Hollest, who has been his bail—he left on a Saturday—I think I saw him once afterwards at the door—he made no complaint when he left—I did not see him on the day of the fire—broken brown paper and the general dust of the place is swept into the dust-bin—sometimes we employ 200 men, at other times perhaps 70—some of them may smoke—I never heard of lucifers or vesuvians being swept into the dust-bin—it is emptied as soon as it is full—ashes are thrown into it—but it is sometimes four or five days before they are put in—I don't know that rag-pickers are in the habit of coming and poking about there—I never heard of it—the plank has been missing for some time, ever since the bricklayers were at work there.</p>
<hi rend="italic">Re-examined.</hi> That would be about two months before—the closet was kept locked and the key kept up stairs in the cutting room—it was locked on this night—I sent for it, seeing smoke issue from the closet—that is 6ft. or 8ft. from the dust-bin—I know the White Swan, there is a urinal there, about two or three minutes' walk from our place.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> When you discharged the prisoner, did you discharge any other men?
<hi rend="italic">A.</hi> No, he was the last we had taken on, and therefore the</p>
<xptr type="pageFacsimile" doc="187111200034"/>
<p>first we sent away—I was in the counting house at the time that the fire occurred, the light from there would not be visible in the dock, but a person outside could see that there were lights still in the upper floor.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-153" type="witnessName">
<interp inst="t18711120-name-153" type="gender" value="male"/>
<interp inst="t18711120-name-153" type="surname" value="BROWN"/>
<interp inst="t18711120-name-153" type="given" value="BENJAMIN"/>BENJAMIN BROWN</persName> </hi>. I am the son of the last witness—on the evening of 20th October, about 6.30, I saw through the crevices that there was a fire in the dock—I called my father's attention to it, and assisted him in put
<lb/>ting it out—I had seen the prisoner that day in Coleman Street, and at dinner time, about 1 o'clock, in a public-house—and at different times after that—I was endeavouring to get a place for him—I had written him to that effect about a week before.</p>
<hi rend="italic">Cross-examined.</hi> I told him to come round in passing, to inquire—he left on perfectly good terms with us all—I first saw him on the 20th, at the front loop-hole in Coleman Street—I don't know whether he was inquiring for Lancaster, I did not hear him—between 2 and 3 o'clock I saw him at the Swan—he had a glass of beer with me, at the invitation of myself and another porter—I saw him again in the evening, about 6 o'clock, outside the loop-hole—Lancaster was then down stairs—I did not hear Lancaster say to the prisoner "By-the-bye, George, I owe you the price of a pot, if you wait until I am paid I will pay you"—the firm do pay on a Friday night—when I got into the dust-bin it was all on fire; we put some water in and then shovelled it out.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Could you form any opinion how it had been lighted, or how long?
<hi rend="italic">A.</hi> I could not, it was quite steaming at the bottom when the fire was on the top, it had communicated a certain distance down—I should say it had been lighted within five or ten minutes—there was no heap of paper lying thick together and charred through—the bin was about half full.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-154" type="witnessName">
<interp inst="t18711120-name-154" type="gender" value="male"/>
<interp inst="t18711120-name-154" type="surname" value="HARRIS"/>
<interp inst="t18711120-name-154" type="given" value="CHARLES"/>CHARLES HARRIS</persName> </hi>. I am a porter in the prosecutor's employ—I saw the prisoner at the Dolphin, on Friday, 20th October, from 1 to 2 o'clock—I had some beer with him—Boby, another porter, was with me—I left with him, about 2 o'clock, to go back to work, leaving the prisoner there—about 6.20 I saw him again—Roby and I were wheeling an empty truck from the factory to the dock, down Whitehorse Lane—we had to wheel the truck into the door of the dock, and up to the door of the dust-bin—as we came along I saw the prisoner coming from the dock—he was about two or three yards from the entrance into the dock—he came out sharp from the dock—he put his hand on the truck, and said "That is the way I can stop you"—we asked him what he was doing there—he said he was—about—we put the truck against the dust-bin, and went up stairs to our work—he went up the lane out in Coleman Street—he could not have got by us without our seeing him—it is a narrow place—it was nearly dark—there are gas lamps there, which would throw a light on him—about five or six minutes after we had left the truck, as we were clearing out the cutting shop, we saw smoke come up into the room—it is on the first floor—we went down and found the dock on fire, and Mr. Brown and his son were putting water on it—the truck had been moved when we got down—I had seen no one else near the dock but the prisoner—the lane is no thorough-fare—it is the access to Messrs. Burbidges' premises—there, is no urinal at the Dolphin—there is at the Swan—it would not take a minute to walk there—the prisoner was not smoking when we met him coming out of the dock—I did not smell any smoking.</p>
<hi rend="italic">Cross-examined.</hi> Our general time for shutting up is 7 o'clock—in our department they begin paying the wages before 7 o'clock, so that the men</p>
<xptr type="pageFacsimile" doc="187111200035"/>
<p>may get away by 7—I have seen persons in the dock looking after paper and things in the dust, and have turned them away.</p>
<hi rend="italic">Re-examined.</hi> That was three months back—they used to come fre
<lb/>quently until then, when I stopped them.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> When the men leave work do they come down the same stairs up which you had gone?
<hi rend="italic">A.</hi> Yes, the cutters do—this occurred about 6.20—I believe some of the men had left at that time—I could not say for certain.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-155" type="witnessName">
<interp inst="t18711120-name-155" type="gender" value="male"/>
<interp inst="t18711120-name-155" type="surname" value="ROBY"/>
<interp inst="t18711120-name-155" type="given" value="GEORGE"/>GEORGE ROBY</persName> </hi>. I am a porter in the same employment—I was with Harris on 20th October, and saw the prisoner in the public-house from 1 to 2 o'clock—about 6.20 I was assisting Harris to take the truck into the dock, and saw the prisoner just coming out of the place where we put the truck in—he came out in a peculiar sort of way, rather quick, and caught hold of the back of the truck—I asked what he had been doing—he made some remark—we put the truck down, and went up stairs to the cutting-room—I afterwards smelt smoke—I came down with Harris, and saw Mr. Brown putting the fire out—from the time we left the truck till I smelt the smoke, no one had gone down stairs.</p>
<hi rend="italic">Cross-examined.</hi> He caught hold of the truck, as if in fun, and said "That is the way I can stop you."</p>
<hi rend="smallCaps">
<persName id="t18711120-name-156" type="witnessName">
<interp inst="t18711120-name-156" type="gender" value="male"/>
<interp inst="t18711120-name-156" type="surname" value="LANCASTER"/>
<interp inst="t18711120-name-156" type="given" value="GEORGE"/>GEORGE LANCASTER</persName> </hi>. I am a porter in the prosecutor's employ—it was my duty to attend to the dust-bin, the part leading into the warehouse, that is, the sweeping in, leaving other persons to take it out—it was about a week before the 20th that anything had been put into it—I then opened the warehouse door to put it in—I keep the key—the place is swept pretty nearly every day, but we don't put it in the dust-bin—we put it in a heap at the end, against the dust heap, before the door is opened—it is merely swept into a heap and put into a sheet of paper, or something, and I shovel it from there into the dust-bin, lock the door, and keep the key—at times there is a good deal of waste paper put in—I saw the prisoner on this Friday, about three times; first about 1 o'clock, again about 4.30, and again about 6 o'clock, when I was closing up—he then asked me whether the governors were gone, meaning Mr. Ritchie and Capt. Greig—I told him they were, that I should be closing directly, and I should be outside and meet him—I owed him 4
<hi rend="italic">d</hi>. for a pot of beer—I came out the front way, in Coleman Street—there is no other way in or out—the prisoner knew that—I went back, and was shutting up the place, when Mr. Brown came and said there was a fire—I looked, and I could see it through the crevices—I got the key and opened the door, and went in with Mr. Brown—I should think that was about twenty minutes after I had seen the prisoner.</p>
<hi rend="italic">Cross-examined.</hi> The prisoner first asked me how long I should be, and then asked me if the governors were gone—we don't shut up till they are gone—I did not tell him I would pay him the 4
<hi rend="italic">d</hi>. that night—he had not asked for it—he was going to meet me after I had closed up—I think he was quite sober.</p>
<hi rend="italic">Re-examined. I</hi> saw nothing more of him afterwards—I did not come out till 8.15, I stopped to assist in putting the fire out.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-157" type="witnessName">
<interp inst="t18711120-name-157" type="gender" value="male"/>
<interp inst="t18711120-name-157" type="surname" value="BRETT"/>
<interp inst="t18711120-name-157" type="given" value="FREDERICK CHARLES"/>FREDERICK CHARLES BRETT</persName> </hi> (
<hi rend="italic">City Detective.</hi>) On Monday, 23rd October, about 6 in the evening, I apprehended the prisoner, at 46, Beverley Road, Bermondsey—I told him I should have to take him to Moor Lane Station, where he would be charged on suspicion of setting fire to his late employer's premises, in the dock in Coleman Street—he said he knew nothing about it,</p>
<xptr type="pageFacsimile" doc="187111200036"/>
<p>and that was the first he had heard of it—I took him to the station—he afterwards said that he was there, that he went for 4
<hi rend="italic">d</hi>. that was owing to him by a man in their employ, and that he saw the two men with the truck in the gateway, that he went down there to make water, that he after
<lb/>wards went into Coleman Street and sat down on the doorstep of the printer's and went to sleep (the printer's is next door to Davis's, the Swan,) and that he was awoke about 8 o'clock by a man who occasionally works for Mr. Davis—I asked if I could go and find the man—he said he would see about that himself.</p>
<hi rend="italic">Cross-examined.</hi> I had no warrant—he went with me without any re
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> How far is the door step from the premises that were on fire?
<hi rend="italic">A.</hi> It is very nearly opposite the front portion.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-158" type="witnessName">
<interp inst="t18711120-name-158" type="gender" value="male"/>
<interp inst="t18711120-name-158" type="surname" value="BROWN"/>
<interp inst="t18711120-name-158" type="given" value="HENRY"/>HENRY BROWN</persName> </hi> (
<hi rend="italic">re-examined.</hi>) There was no alarm created, or any fire engine there—we were able to get it out without any confusion—the public, in Coleman Street, would know nothing of it—I saw nothing of the pri
<lb/>soner after the fire.
<hi rend="italic">The Prisoner received a good character.</hi> </p>
<hi rend="smallCaps">
<rs id="t18711120-35-verdict-1" type="verdictDescription">
<interp inst="t18711120-35-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18711120-35-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18711120-36">
<interp inst="t18711120-36" type="uri" value="sessionsPapers/18711120"/>
<interp inst="t18711120-36" type="date" value="18711120"/>
<join result="criminalCharge" id="t18711120-36-charge-1" targOrder="Y" targets="def1-36-18711120 t18711120-36-offence-1 t18711120-36-verdict-1"/>
<persName id="def1-36-18711120" type="defendantName">
<interp inst="def1-36-18711120" type="gender" value="male"/>
<interp inst="def1-36-18711120" type="age" value="25"/>
<interp inst="def1-36-18711120" type="surname" value="NICHOLLS"/>
<interp inst="def1-36-18711120" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE NICHOLLS</hi> (25)</persName>, was indicted
<rs id="t18711120-36-offence-1" type="offenceDescription">
<interp inst="t18711120-36-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18711120-36-offence-1" type="offenceSubcategory" value="rape"/>for rape on
<persName id="t18711120-name-160" type="victimName">
<interp inst="t18711120-name-160" type="gender" value="female"/>
<interp inst="t18711120-name-160" type="surname" value="RAY"/>
<interp inst="t18711120-name-160" type="given" value="MARY ANN"/>
<join result="offenceVictim" targOrder="Y" targets="t18711120-36-offence-1 t18711120-name-160"/>Mary Ann Ray</persName>.</rs> </p>
<hi rend="smallCaps">MR. ST. AUBYN</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<rs id="t18711120-36-verdict-1" type="verdictDescription">
<interp inst="t18711120-36-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18711120-36-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18711120-37">
<interp inst="t18711120-37" type="uri" value="sessionsPapers/18711120"/>
<interp inst="t18711120-37" type="date" value="18711120"/>
<join result="criminalCharge" id="t18711120-37-charge-1" targOrder="Y" targets="def1-37-18711120 t18711120-37-offence-1 t18711120-37-verdict-1"/>
<persName id="def1-37-18711120" type="defendantName">
<interp inst="def1-37-18711120" type="gender" value="male"/>
<interp inst="def1-37-18711120" type="age" value="46"/>
<interp inst="def1-37-18711120" type="surname" value="JACKSON"/>
<interp inst="def1-37-18711120" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY JACKSON</hi> (46)</persName>, was indicted
<rs id="t18711120-37-offence-1" type="offenceDescription">
<interp inst="t18711120-37-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18711120-37-offence-1" type="offenceSubcategory" value="manslaughter"/>for, and charged on the Coro
<lb/>ner's Inquisition with, feloniously killing and slaying
<persName id="t18711120-name-162" type="victimName">
<interp inst="t18711120-name-162" type="gender" value="male"/>
<interp inst="t18711120-name-162" type="surname" value="GALGANI"/>
<interp inst="t18711120-name-162" type="given" value="PETER ANTONIO"/>
<join result="offenceVictim" targOrder="Y" targets="t18711120-37-offence-1 t18711120-name-162"/>Peter Antonio Galgani</persName>.</rs> </p>
<hi rend="smallCaps">MESSRS. STRAIGHT</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">HUMPHREYS</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. BESLEY</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18711120-name-163" type="witnessName">
<interp inst="t18711120-name-163" type="gender" value="male"/>
<interp inst="t18711120-name-163" type="surname" value="COCKSHOTT"/>
<interp inst="t18711120-name-163" type="given" value="THOMAS"/>THOMAS COCKSHOTT</persName> </hi>. I am a lighterman, living in Grundy Street, Bromley—on the night of 22nd October, about 12.30, I was in the Com
<lb/>mercial Road—I heard cries of "Father! Mother! Murder!"—I ran across and saw a little girl running; and the deceased walking behind her towards a coffee-stall which he, the prisoner, keeps—the prisoner came into the middle of the road and met him, and said "Have you been insulting my daughter?"He said "I did not," And with that the prisoner knocked him down and hit him while on the ground, and kicked him about the neck or face; the deceased fell on the stone tramway—whether his head fell on the stones or not I can't say—the prisoner struck him five or six times with his right fist while he was down—he did not kick him more than once, to my knowledge—I never saw the deceased move afterwards—I went and fetched a doctor, and he was taken to the hospital.</p>
<hi rend="italic">Cross-examined.</hi> It all occurred in two or three minutes—he was down and the blows were rapidly struck afterwards—I had not been in five different public-houses that night—I would not say whether it was three or four—had not been turned out of any—there was a little disturbance at one and we were cleared out—I don't think the place where the deceased fell was forty-five yards from any lamp—it was not very dark, it was betwixt and between—I mentioned the kick when I was first examined, but it was not put down—I said the constable must have seen it if he had been looking—Henry Walker was with me at the time—a woman struck the deceased and she was taken into custody.</p>
<hi rend="italic">Re-examined.</hi> I was perfectly sober.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-164" type="witnessName">
<interp inst="t18711120-name-164" type="gender" value="male"/>
<interp inst="t18711120-name-164" type="surname" value="LEARY"/>
<interp inst="t18711120-name-164" type="given" value="GEORGE"/>GEORGE LEARY</persName> </hi> (
<hi rend="italic">Policeman K</hi> 475). On Sunday morning, 22nd October, about 1.15, I heard a child crying "Mother! Mother!"—I ran across the road, and saw the prisoner and deceased on the ground—the prisoner</p>
<xptr type="pageFacsimile" doc="187111200037"/>
<p>struck him with his fist—I pulled him off, and told the deceased to get up, but getting no answer, I turned on my light, and said "Jackson, you have killed him"—he said "I did it in my passion"—he assisted me in getting him on the pavement, and brought some water—a doctor came, and he was afterwards taken in a cab to the hospital—I did not see a woman strike him—I saw her close by, and the prisoner's child.</p>
<hi rend="italic">Cross-examined.</hi> I had heard the child cry out twice—she seemed excited, and in great distress—not two minutes elapsed from the last cry till I had my hand on the prisoner—I had just left his stall, and was close to him—I only saw him strike once or twice with his fist—I saw no kicking—I think I should have seen, if there had been any, if I had been looking—I did not actually see them fall—I was about 20 or 30 yards off.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-165" type="witnessName">
<interp inst="t18711120-name-165" type="gender" value="male"/>
<interp inst="t18711120-name-165" type="surname" value="WALKER"/>
<interp inst="t18711120-name-165" type="given" value="HENRY"/>HENRY WALKER</persName> </hi>. I am a seaman, and live at 12, Sarah Street, East India Road—I was with Cockshott—I heard a child crying "Murder! Father! Mother?"—I turned back, and saw the deceased following the child across the road—the prisoner came up—the child, I suppose, made some complaint to him, and he said "Is this the man—she said "Yes, father," And thereupon the prisoner knocked him down, and struck him several times; four, five, or six times—I did not see him do anything besides strike bun—I saw a woman strike him, and kick him in the back—it was a very slight kick; it would hardly leave a mark—the constable turned on his bull's-eye, and the man appeared nearly dead.</p>
<hi rend="italic">Cross-examined. I</hi> saw the whole of it—the only blows I saw the prisoner give were with his fist.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-166" type="witnessName">
<interp inst="t18711120-name-166" type="gender" value="male"/>
<interp inst="t18711120-name-166" type="surname" value="CUMMINGS"/>
<interp inst="t18711120-name-166" type="given" value="JOHN"/>JOHN CUMMINGS</persName> </hi>. I am a surgeon, of 2, Victoria Place—I was called to where the man was lying on the pavement—he was to all appearance dead—I noticed a wound on the right temple, a swelling, from which blood was flowing over the face, and beard, and mouth—he seemed to have left off breathing, but there was a pulse; so, hoping to save his life, I went with him to the hospital, in a cab, and handed him over to the surgeon there.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-167" type="witnessName">
<interp inst="t18711120-name-167" type="gender" value="male"/>
<interp inst="t18711120-name-167" type="surname" value="CURLING"/>
<interp inst="t18711120-name-167" type="given" value="WILLIAM"/>WILLIAM CURLING</persName> </hi>. I am house-surgeon at the London Hospital—the deceased was admitted there on the night in question—he was dead when he arrived there—I made a
<hi rend="italic">post-mortem</hi> examination—there was a small laceration on the bridge of the nose, an extensive bruising over the right eye-brow, and two lacerated wounds in the middle of the bruise—those were the only external signs of violence I could find—on opening the head I found effusion of blood at the base of the brain, and in the ventricles—all the other organs were healthy, except the left pleura, which showed signs of previous disease—the wounds and bruises were such as might have been caused by blows with a fist, and a kick—either of the wounds might have been done by a kick or a blow—the effusion of blood on the brain was the cause of death—I believe that was the result of violence.</p>
<hi rend="italic">Cross-examined.</hi> All the external signs were slight—I did not come to the conclusion that there was a kick—all I saw was consistent with two blows from a fist—I could find no evidence of his having been drinking—the effusion was recent, I should say within forty-eight hours—I could not put it nearer than that—it might have arisen from a fall.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Would a blow by a fist cause the laceration on the nose?
<hi rend="italic">A.</hi> Yes, the knuckle would do it; it is a common thing—effusion arises from the rupture of small vessels—I could not detect any that had been ruptured—they might be so small that I could not detect them—I used a microscope, but the effusion was over such a large space, it would be next</p>
<xptr type="pageFacsimile" doc="187111200038"/>
<p>to impossible to find the exact point—it was not in the neighbourhood of the blow on the head—it was a case of
<hi rend="italic">centre coup</hi>—it was pressing on the
<hi rend="italic">medulla oblongata</hi>—a good deal of the blood was clotted—I made the examination at 8 o'clock on the Monday evening—he might have died as suddenly as has been described, from a blow—it would require a violent blow—such a blow as would knock a man down would be sufficient.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-168" type="witnessName">
<interp inst="t18711120-name-168" type="gender" value="male"/>
<interp inst="t18711120-name-168" type="surname" value="LEARY"/>
<interp inst="t18711120-name-168" type="given" value="GEORGE"/>GEORGE LEARY</persName> </hi> (
<hi rend="italic">re-examined.</hi>) From forty-five to fifty minutes elapsed from my seeing the prisoner striking the deceased till he was at the hospital—I think the prisoner had some very old boots on.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-169" type="witnessName">
<interp inst="t18711120-name-169" type="gender" value="female"/>
<interp inst="t18711120-name-169" type="surname" value="GALGANI"/>
<interp inst="t18711120-name-169" type="given" value="CHARLOTTE"/>CHARLOTTE GALGANI</persName> </hi>. I live at Stamford, Lincolnshire—the deceased was my husband—his name was Peter Antonio Galgani—his age was forty-eight—I had not seen him for five mouths before his death—he came up to London to look for work, as he had been a long time out of work—he was always in good health—he was not an ailing man.</p>
<hi rend="italic">Witness for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18711120-name-170" type="witnessName">
<interp inst="t18711120-name-170" type="gender" value="female"/>
<interp inst="t18711120-name-170" type="surname" value="JACKSON"/>
<interp inst="t18711120-name-170" type="given" value="EMILY MARGARET"/>EMILY MARGARET JACKSON</persName> </hi>. I live with my father and mother, in Dalgloish Place—on this Saturday night I was left to mind the baby—my father was at his coffee-stall, and my mother was also out—the baby cried a good deal, and I went out to fetch my mother—I put on this jacket—as I was going along a gentleman met me—he said "Little girl, I have got a penny for you,"But I never saw the penny—he caught hold of me round the waist, and put his hands up my clothes—I got away from him, and left my jacket in his hands—I ran to the corner, and turned to see if he was coming after me—I did not see him, and I went back for my jacket, which was lying by the lamp-post, and the man came out of a doorway again on to me, and ran after me into the Commercial Road—I ran, screaming "Mother! Father! Murder!"—the policeman and my father came into the road to me—my father caught hold of the man and said "Did you insult my little girl?"—he made some answer, I could not say what it was, and my father struck him once, and he fell down, and I never saw him move after.</p>
<hi rend="italic">Cross-examined.</hi> The policeman came forward with my father—before he struck the deceased I had called out to my father "The man, the man;" that was all I said.</p>
<hi rend="italic">Re-examined.</hi> I called out "Murder!" two or three times before that.</p>
<rs id="t18711120-37-verdict-1" type="verdictDescription">
<interp inst="t18711120-37-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18711120-37-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>.
<hi rend="italic">Strongly recommended to mercy by the Jury.</hi> </rs>
<hi rend="italic">
<rs id="t18711120-37-punishment-25" type="punishmentDescription">
<interp inst="t18711120-37-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t18711120-37-punishment-25" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-37-18711120 t18711120-37-punishment-25"/>Three Days' Imprisonment.</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday, November</hi> 22
<hi rend="italic">nd</hi>, 1871.</p>
<hi rend="italic">Before Mr. Justice Keating.</hi> </p>
<div1 type="trialAccount" id="t18711120-38">
<interp inst="t18711120-38" type="uri" value="sessionsPapers/18711120"/>
<interp inst="t18711120-38" type="date" value="18711120"/>
<join result="criminalCharge" id="t18711120-38-charge-1" targOrder="Y" targets="def1-38-18711120 t18711120-38-offence-1 t18711120-38-verdict-1"/>
<persName id="def1-38-18711120" type="defendantName">
<interp inst="def1-38-18711120" type="gender" value="female"/>
<interp inst="def1-38-18711120" type="age" value="44"/>
<interp inst="def1-38-18711120" type="surname" value="KING"/>
<interp inst="def1-38-18711120" type="given" value="SUSAN"/>
<hi rend="largeCaps">SUSAN KING</hi> (44)</persName>
<rs id="t18711120-38-offence-1" type="offenceDescription">
<interp inst="t18711120-38-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18711120-38-offence-1" type="offenceSubcategory" value="manslaughter"/>, Feloniously killing and slaying
<persName id="t18711120-name-172" type="victimName">
<interp inst="t18711120-name-172" type="gender" value="female"/>
<interp inst="t18711120-name-172" type="surname" value="BUTCHER"/>
<interp inst="t18711120-name-172" type="given" value="ALICE"/>
<join result="offenceVictim" targOrder="Y" targets="t18711120-38-offence-1 t18711120-name-172"/>Alice Butcher</persName>.</rs> </p>
<hi rend="smallCaps">MR. LILLEY</hi>
<hi rend="italic">conducted the Prosecution</hi> </p>
<hi rend="smallCaps">
<persName id="t18711120-name-173" type="witnessName">
<interp inst="t18711120-name-173" type="gender" value="female"/>
<interp inst="t18711120-name-173" type="surname" value="BUTCHER"/>
<interp inst="t18711120-name-173" type="given" value="ANNIE"/>ANNIE BUTCHER</persName> </hi>. I am a single woman, but am the mother of the deceased child Alice—I live in Wellington Road, Stoke Newington—the child was born on 2nd March, and I received an allowance from its father—it was a healthy child, but very small—it continued under my care for a fortnight, and I then gave it into the prisoner's charge to nurse, at 6
<hi rend="italic">s</hi>. a week—she lives in Arundel Grove, Kingsland Road—I used to see it once a week, but I had not seen it for three weeks at the time it was taken from the prisoner, and taken to Mrs. Wells, who was appointed by the relieving officer, and who had it nearly a month—I saw it the same morning that it</p>
<xptr type="pageFacsimile" doc="187111200039"/>
<p>was taken from the prisoner—it was not very clean then, and its
<hi rend="italic">things</hi> were not very clean—it seemed very thin about the fody, but its face was the same as it always had been—I had given sufficient clothing for it to be clean, and sufficient money—I kept up my payments regularly—she always had one week in advance.</p>
<hi rend="italic">Prisoner.</hi> I had but two night-gowns and one flannel blanket to keep it clean with.
<hi rend="italic">Witness.</hi> You had three night-dresses, and whenever you asked for fresh things, I gave them to you—I never refused, nor did I put you off from week to week—you asked for short clothes, but it was so small that I wished it kept in long ones—there was sufficient, and if you had asked for more you might have had them.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-174" type="witnessName">
<interp inst="t18711120-name-174" type="gender" value="male"/>
<interp inst="t18711120-name-174" type="surname" value="MERCHAN"/>
<interp inst="t18711120-name-174" type="given" value="EDWIN LEONARD"/>EDWIN LEONARD MERCHAN</persName> </hi>. I am one of the relieving-officers of Isling
<lb/>ton—on 18th September I received information in reference to a neglected child, at 2, Arundel Grove—I went there about 7 o'clock, p.m., and found the deceased child, Alice Butcher, in a cradle, in a corner of a room, in a very filthy condition, on some rags, and there was excrement up to its neck—I did not see the prisoner then—a child in the room gave me information—I found in the room an empty food bottle, very sour, a jug with the top part broken off, and a little flour and water in it—there was no other food in the room, and that appeared to be the food for the baby—I informed the medical officer, Dr. Duckett, who returned with me about 10 o'clock that night, or later, the child had then been washed, and the prisoner was there in a state of intoxication—I informed the mother on, I think, the second day—the child was taken to Mrs. Wells, and remained with her till its death.</p>
<hi rend="italic">Prisoner.</hi> I was not intoxicated; I was half in Bed, and half out when they came.
<hi rend="italic">Witness.</hi> I am certain you were intoxicated—you did not appear to be going to bed, you had a dress round you but nothing under it, in fact I stopped the dress from falling on the floor—you had the child in your arms, and a shawl round it—I observed no other clothes which you had taken off—the child had then been washed, and there was clean clothing on it, and a lot of food had been purchased in the mean time, corn flour, biscuits, and milk.</p>
<hi rend="italic">Prisoner.</hi> I always got the corn flour and biscuits on the Monday, when I got the baby's money.
<hi rend="italic">Witness.</hi> This was September 18th, I forget the day of the week.</p>
<hi rend="italic">Re-examined.</hi> I made a complaint to the girl as to the state of the child.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-175" type="witnessName">
<interp inst="t18711120-name-175" type="gender" value="male"/>
<interp inst="t18711120-name-175" type="surname" value="DUCKETT,"/>
<interp inst="t18711120-name-175" type="given" value="ANDREW DAVID"/>ANDREW DAVID DUCKETT, M.D</persName> </hi>. I am medical officer of St. Mary, New
<lb/>ington on the evening of 18th September, between 10 and 11 o'clock, I accompanied Meecham to 2, Arundel Grove, and saw the deceased child and the prisoner, who was only partly clothed, and in a very excited state of mind—I could not form a judgment of what caused the excited state, perhaps it was her temperament—I have no distinct recollection of what she had on, but it was very little—we had to knock once or twice before we got in, and I inferred that she was going to bed—the child had a cotton nightgown on, and appeared very much emaciated, and in a state of very great debility—I listened to its lungs with my stethoscope, and looked at its tongue—I could discover no organic disease, and therefore I was led to infer that it had been badly nourished—it was removed from the prisoner's care, and I saw it some days later in the care of Mrs. Wells, where it was properly cared for and nourished—I saw it there twice—it died on 13th October—I made
<hi rend="italic">a post mortem</hi> examination; there were no marks on the</p>
<xptr type="pageFacsimile" doc="187111200040"/>
<p>body, but it was very much emaciated, and there were excoriations on the thighs and buttocks—on opening the body all the organs were healthy, except the left lung, which was in a state of inflammation, and the brain, which was slightly congested—the excoriations arose from the child wetting its clothes, and the acid nature of the foeces and urine—the immediate cause of death was the inflammation of the lungs, which I have no doubt was accelerated by bad treatment and bad nursing.</p>
<hi rend="italic">Prisoner.</hi> When I had had the child three weeks she had an abscess formed on her right breast, and another on the bottom of her stomach, and breakings out on several parts of her body, and she had a gathering in her head, it ran from her ear; I sent for her mother, who came on the night the abscess broke.
<hi rend="italic">Witness.</hi> There was no mark on the right breast, or any external marks except the excoriations—if there had been such abscesses as the prisoner mentions they would have left marks, especially when they were so recent.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-176" type="witnessName">
<interp inst="t18711120-name-176" type="gender" value="female"/>
<interp inst="t18711120-name-176" type="surname" value="BUTCHER"/>
<interp inst="t18711120-name-176" type="given" value="ANNIE"/>ANNIE BUTCHER</persName> </hi> (
<hi rend="italic">re-examined.</hi>) The prisoner sent for me a month or six weeks after she had the child, as she was afraid it might die—there was then an abscess on its shoulder, and she told me that it had two on its side—I did not see them, but she asked me for money for medicine—she told me she poulticed it with linseed after it broke, and she always behaved very kind to it, but I can only speak of the time I was there—I saw nothing the matter with it, except on its shoulder—I did not see that more than once, and it was then nearly well—I did not see her poultice it—it was a very large place on the shoulder when I first saw it, and it had just broken—I went again during the week, and she was feeding it with beef-tea—it was then nearly well—I saw no abscess on its stomach.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-177" type="witnessName">
<interp inst="t18711120-name-177" type="gender" value="female"/>
<interp inst="t18711120-name-177" type="surname" value="WELLS"/>
<interp inst="t18711120-name-177" type="given" value="JANE"/>JANE WELLS</persName> </hi>. I live with my husband at 1, Gardner's Cottages, close to Newington Green—the officer came to me on Monday evening, and I went to the prisoner's house on Tuesday morning, and I asked her what she intended to do, and told her to look what trouble she had got herself into, and what was I to do—she said, "Do what you like"—I immediately took the baby to the aunt, as I thought, but she appears to be the mother—it was up to its neck in its own dirt and wet—it was so stinking that I burnt the coloured clothing, and this blanket, as we call it (
<hi rend="italic">produced</hi>) has had to be washed half-a-dozen times and bleached—I took the child home, and, being a mother, treated it with a mother's care—its bones were through its skin, and it only weighed 5 1/2 lbs.—I only wish I could have
<hi rend="italic">rose</hi> it—we knew that it was being starved four months ago, and I gave information to the aunt when I met her—I saw it sometimes four months ago—it was dreadfully dirty, and I went in and washed it and put it to bed—it was neglected at that time.</p>
<hi rend="italic">Prisoner.</hi> I always kept the baby well fed, as much as it could eat; it was never taken to Mrs. Wells to be washed; it is a complete piece of spite; Mrs. Wells did not want the baby at first, because she thought she should not get paid for it, but when she found I was paid for it she wanted it.
<hi rend="italic">Witness.</hi> I could have had the baby at first, but I could not take it, and I recommended the prisoner—the mother had rather that I should have had it, but I am not capable of nursing myself—I have not combed my own hair for six years—the baby was brought home first, and I saw its clothing—I did not say that I was afraid to take it, because I did not know that I should get the money.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-178" type="witnessName">
<interp inst="t18711120-name-178" type="gender" value="female"/>
<interp inst="t18711120-name-178" type="surname" value="WATSON"/>
<interp inst="t18711120-name-178" type="given" value="ELEANOR"/>ELEANOR WATSON</persName> </hi>. I have lived in Arundel Grove eleven years—the</p>
<xptr type="pageFacsimile" doc="187111200041"/>
<p>prisoner has lived next door to me eight or nine months—the child was brought to her about eight mouths ago, and I saw it just afterwards—it was then a very nice, healthy baby—I afterwards saw the prisoner's two daughters nursing it outside—it looked then very neglected—I saw it once or twice a week until it was removed of 19th September—it was always very neglected—you could see it wasting away—I told the prisoner that it was being starved, and I was abused for saying so—I never saw the prisoner very sober—when she came home she would abuse everybody.</p>
<hi rend="italic">Prisoner. Q.</hi> Did you ever see me intoxicated?
<hi rend="italic">A.</hi> Yes; I never hardly saw you otherwise.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-179" type="witnessName">
<interp inst="t18711120-name-179" type="gender" value="female"/>
<interp inst="t18711120-name-179" type="surname" value="MILLS"/>
<interp inst="t18711120-name-179" type="given" value="EMMA"/>EMMA MILLS</persName> </hi>. I am married, and live in the same house as the pri
<lb/>soner—she was there before I came—I was not living there when the baby was brought to her—I have, I think, been in the house seven months—I was there about six months before 19th September—I have five children—this child, Alice Butcher, was very much neglected day after day, and it was left in the charge of two girls, who used to be out all day long and leave the poor little thing to itself—I never saw it fed—it was in a very bad and dirty state when I saw it—it used to cry more often than infants generally do—it has been left for three hours at a time, and I have heard it cry nearly all the time—on 16th September, the Saturday before it was taken away, it was crying till I felt I could bear it no longer, and I went up into the room between 9 and 10 in the morning, and found it in a cradle, wet to its little neck, and in a most dirty condition—it was most heart-rending to see it—its eyes were quite gummed up for want of washing—it had nothing on but a bed-gown, and you could not tell whether that was a bed-gown or not, because it was so dreadfully dirty—I put it in my skirt and brought it down stairs, and then I did not know what to do with it, for I was afraid Mrs. King would come home and see me with it, for when I have told her about it she has only abused me—I have told her that it was neglected, and asked her why she let the girls leave it—during the whole time I was there its treatment was the same as I have described—I took it out at the back door, and called the last witness to look at it—she fetched the police to see it, and he came, but, owing to the prisoner's vile temper, Mrs. Watson persuaded me to replace it in its cradle—I saw the prisoner five or six times a week, and I do not think she was hardly ever sober.</p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> Do you know the child's mother?
<hi rend="italic">A.</hi> No, but there used to be two come on Monday night; one was represented as the mother, and the other as the aunt—I told Mrs. King that I should tell the mother, but she ceased to come after that, and the money used to be fetched—I Could never ascertain where the mother or the aunt lived.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-180" type="witnessName">
<interp inst="t18711120-name-180" type="gender" value="male"/>
<interp inst="t18711120-name-180" type="surname" value="KELLY"/>
<interp inst="t18711120-name-180" type="given" value="JOHN HENRY"/>JOHN HENRY KELLY</persName> </hi>. I live at 14, Suffolk Place, Stoke Newington, and am a milkman—I supplied the prisoner with milk morning and afternoon—I usually saw a girl—I very seldom saw the prisoner; only twice, or three times; but when I did see her she was always the worse for drink—I served her with milk from the time she had the child till the time it was taken away—the elder girl is not more than twelve years old, and the younger looks between seven and eight—I saw the prisoner on the Wednesday, the day after the child was taken away, and she smelt very strongly of rum, as if she had just had some—I saw the baby two or three days before it was taken away—I had seen it before, but the last time I could not help noticing it; the sight of it was enough to make you sick—it was in a most filthy state; it did not seem to have a bedgown on, and the face was all</p>
<xptr type="pageFacsimile" doc="187111200044"/>
<p>begrimed with dirt—its flesh was very dirty, and it was nothing but skin and bone, regularly emaciated—I ran over to the other side of the road.</p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> How much milk did you leave?
<hi rend="italic">A.</hi> A 1
<hi rend="italic">d</hi>. worth a day the first part of the time, and 1 1/2
<hi rend="italic">d</hi>. worth afterwards—the most it came to was 11
<hi rend="italic">d</hi>. a week—the girl paid me—they were fire in family, besides the baby.</p>
<hi rend="italic">Prisoner.</hi> I did not use the milk for my own purposes; I used it for the baby. I do not take milk, nor do the younger members of my family; and my son was not at home.
<hi rend="italic">Witness.</hi> I believe he used to go home every night; in fact, you said that it was his home—the girl brought me the milk jug, and said that her mother was troubled with indigestion, and was advised to take rum and milk in the morning, and that when she put the nun in, it used to
<hi rend="italic">fiz</hi> up.</p>
<hi rend="italic">Prisoner's Defence.</hi> I am not guilty. I have no witnesses, because no one knows anything about my affairs. I do not make myself sociable with anybody.</p>
<hi rend="smallCaps">
<rs id="t18711120-38-verdict-1" type="verdictDescription">
<interp inst="t18711120-38-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18711120-38-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18711120-38-punishment-26" type="punishmentDescription">
<interp inst="t18711120-38-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t18711120-38-punishment-26" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-38-18711120 t18711120-38-punishment-26"/>Eighteen Months' Imprisonment.</rs> </hi> </p> </div1>
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<interp inst="t18711120-39" type="date" value="18711120"/>
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<persName id="def1-39-18711120" type="defendantName">
<interp inst="def1-39-18711120" type="gender" value="male"/>
<interp inst="def1-39-18711120" type="age" value="20"/>
<interp inst="def1-39-18711120" type="surname" value="SOLOMON"/>
<interp inst="def1-39-18711120" type="given" value="JACOB"/>
<hi rend="largeCaps">JACOB SOLOMON</hi> (20)</persName>
<rs id="t18711120-39-offence-1" type="offenceDescription">
<interp inst="t18711120-39-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18711120-39-offence-1" type="offenceSubcategory" value="rape"/>, Feloniously carnally knowing and abusing
<persName id="t18711120-name-182" type="victimName">
<interp inst="t18711120-name-182" type="gender" value="female"/>
<interp inst="t18711120-name-182" type="age" value="8"/>
<interp inst="t18711120-name-182" type="surname" value="SUTTON"/>
<interp inst="t18711120-name-182" type="given" value="EMMA"/>
<join result="offenceVictim" targOrder="Y" targets="t18711120-39-offence-1 t18711120-name-182"/>Emma Sutton</persName>, aged eight years.</rs> </p>
<hi rend="smallCaps">
<persName id="t18711120-name-183" type="witnessName">
<interp inst="t18711120-name-183" type="gender" value="male"/>
<interp inst="t18711120-name-183" type="surname" value="THOMAS"/>
<interp inst="t18711120-name-183" type="given" value="MORGAN"/>MR. MORGAN THOMAS</persName> </hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. HARRIS</hi>
<hi rend="italic">the Defence.</hi> </p>
<rs id="t18711120-39-verdict-1" type="verdictDescription">
<interp inst="t18711120-39-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18711120-39-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of the attempt</hi> </rs>
<hi rend="italic">
<rs id="t18711120-39-punishment-27" type="punishmentDescription">
<interp inst="t18711120-39-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t18711120-39-punishment-27" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-39-18711120 t18711120-39-punishment-27"/>Two Years Imprisonment.</rs> </hi> </p> </div1>
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<interp inst="t18711120-40" type="uri" value="sessionsPapers/18711120"/>
<interp inst="t18711120-40" type="date" value="18711120"/>
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<persName id="def1-40-18711120" type="defendantName">
<interp inst="def1-40-18711120" type="gender" value="male"/>
<interp inst="def1-40-18711120" type="age" value="34"/>
<interp inst="def1-40-18711120" type="surname" value="CLIFFORD"/>
<interp inst="def1-40-18711120" type="given" value="ROBERT"/>
<hi rend="largeCaps">ROBERT CLIFFORD</hi> (34)</persName>
<rs id="t18711120-40-offence-1" type="offenceDescription">
<interp inst="t18711120-40-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18711120-40-offence-1" type="offenceSubcategory" value="manslaughter"/>, Feloniously killing and slaying
<persName id="t18711120-name-185" type="victimName">
<interp inst="t18711120-name-185" type="gender" value="male"/>
<interp inst="t18711120-name-185" type="surname" value="LOFT"/>
<interp inst="t18711120-name-185" type="given" value="LUKE"/>
<join result="offenceVictim" targOrder="Y" targets="t18711120-40-offence-1 t18711120-name-185"/>Luke Loft</persName>. Also, on the Coroner's Inquisition, with the like offence.</rs> </p>
<hi rend="smallCaps">MESSRS. MONTAGU WILLIAMS</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">HORACE BROWN</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18711120-name-186" type="witnessName">
<interp inst="t18711120-name-186" type="gender" value="male"/>
<interp inst="t18711120-name-186" type="surname" value="ILETT"/>
<interp inst="t18711120-name-186" type="given" value="JAMES JOHN"/>JAMES JOHN ILETT</persName> </hi>, M.R.C.S. I am resident surgeon at Whitechapel Workhouse—on 24th October the deceased was brought there, and placed under my care—he died on 6th November, from inflammation of the brain—he was paralyzed in his left side, while under my care—in consequence of the Coroner's order I made a
<hi rend="italic">postmortem</hi> examination within thirty hours after death—he died from inflammation of the membranes of the brain, owing to violence or a blow—nothing else would cause that form of inflammation—there was a quantity of
<hi rend="italic">pus</hi> and
<hi rend="italic">lymph</hi> on the base of the brain, which is always a sign—there were no signs of fracture—I found all the organs healthy except the right lung, which was slightly adherent, and a little inflamed; but it had nothing to do with the death—I should not expect to find external marks if it was from a blow, as, if the scalp had been lacerated five months before, the scar would have healed—the blow was on 29th May, when he was taken to the London Hospital with concussion of the brain, and was an in-patient twenty-seven days—he came into the workhouse five months afterwards—concussion of the brain will leave effects for many months, especially with an intemperate person; and there was very strong evidence of his being a man of intemperate habits—a fall against a flag-stone, or any kind of blow, would do the same thing—it is impossible for me to say when the injury which caused death was received—it might have been some time before, or it might have been a second blow.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Between the 24th May and the time he died you mean he might have met with another blow?
<hi rend="italic">A.</hi> We have evidence of concussion of the brain on 29th May, which might at any time have brought on the appearances I saw without any fresh blow; even taking too much stimu
<lb/>lant would cause it, but the original cause must have been a blow. He</p>
<xptr type="pageFacsimile" doc="187111200045"/>
<p>might have recovered from the concussion, and received a second injury in the head.</p>
<hi rend="smallCaps">
<persName id="t18711120-name-187" type="witnessName">
<interp inst="t18711120-name-187" type="gender" value="female"/>
<interp inst="t18711120-name-187" type="surname" value="IRVIN"/>
<interp inst="t18711120-name-187" type="given" value="JULIA"/>JULIA IRVIN</persName> </hi>. I am the wife of a coachman, of 34, Hare Street, Bethnal Green—on Whit-Monday, 29th May, between 6 and 7 o'clock in the even
<lb/>ing, I went to 24, Montague Street, Spitalfields, and as I went up into a gateway I saw the deceased, and knew that he was in charge of the yard—two men were standing in the gateway, making