<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<xptr type="transcription" doc="18720129"/>
<div1 type="frontMatter" id="f18720129">
<interp inst="f18720129" type="uri" value="sessionsPapers/18720129"/>
<interp inst="f18720129" type="date" value="18720129"/>
<p>CENTRAL CRIMINAL COURT</p>
<p>Sessions Paper.</p>
<p>GIBBONS, MAYOR.</p>
<p>FOURTH SESSION, HELD JANUARY 29TH, 1872.</p>
<p>MINUTES OF EVIDENCE,</p>
<p>TAKEN IN SHORT-HAND, BY</p>
<p>JAMES DROVER BARNETT</p>
<p>AND</p>
<p>
<persName id="t18720129-name-1">
<interp inst="t18720129-name-1" type="gender" value="male"/>
<interp inst="t18720129-name-1" type="surname" value="BUCKLER"/>
<interp inst="t18720129-name-1" type="given" value="ALEXANDER"/>ALEXANDER BUCKLER</persName>,</p>
<p>Short-hand Writers to the Court,</p>
<p>ROLLS CHAMBERS, No. 89, CHANCERY LANE.</p>
<p>THE POINTS OF LAW AND PRACTICE</p>
<p>REVISED AND EDITED, BY</p>
<p>EDWARD T. E BESLEY, ESQ.,</p>
<p>OF THE MIDDLE TEMPLE, BARRISTK-AT-LAW.</p>
<p>LONDON:</p>
<p>STEVENS & SONS, 119, CHANCERY LANE.</p>
<xptr type="pageFacsimile" doc="187201290002"/>
<p>THE</p>
<p>WHOLE PROCEEDINGS</p>
<p>On the Queen's Commission of</p>
<p>OYER AND TERMINER AND GAOL DELIVERY</p>
<p>FOR</p>
<p>The City of London,</p>
<p>AND GAOL DELIVERY FOR THE</p>
<p>COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION</p>
<p>OF THE</p>
<p>CENTRAL CRIMINAL COURT,</p>
<p>Held on Monday, January 29th, 1872, and following days,</p>
<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">WILLIAM FRY CHANNELL</hi>, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir
<hi rend="smallCaps">
<persName id="t18720129-name-2" type="judiciaryName">
<interp inst="t18720129-name-2" type="gender" value="male"/>
<interp inst="t18720129-name-2" type="surname" value="CARDEN"/>
<interp inst="t18720129-name-2" type="given" value="ROBERT WALTER"/>ROBERT WALTER CARDEN</persName> </hi>, Knt., Sir
<hi rend="smallCaps">
<persName id="t18720129-name-3" type="judiciaryName">
<interp inst="t18720129-name-3" type="gender" value="male"/>
<interp inst="t18720129-name-3" type="surname" value="ROSE"/>
<interp inst="t18720129-name-3" type="given" value="WILLIAM ANDERSON"/>WILLIAM ANDERSON ROSE</persName> </hi>, Knt.,
<hi rend="smallCaps">WARREN STORMES HALE</hi>, Esq., Sir
<hi rend="smallCaps">
<persName id="t18720129-name-4" type="judiciaryName">
<interp inst="t18720129-name-4" type="gender" value="male"/>
<interp inst="t18720129-name-4" type="surname" value="LAWRENCE"/>
<interp inst="t18720129-name-4" type="given" value="JAMES CLARKE"/>JAMES CLARKE LAWRENCE</persName> </hi>, Bart., M. P., Sir
<hi rend="smallCaps">
<persName id="t18720129-name-5" type="judiciaryName">
<interp inst="t18720129-name-5" type="gender" value="male"/>
<interp inst="t18720129-name-5" type="surname" value="WATERLOW"/>
<interp inst="t18720129-name-5" type="given" value="SIDNEY HEDLEY"/>SIDNEY HEDLEY WATERLOW</persName> </hi>, Knt.,
<hi rend="smallCaps">
<persName id="t18720129-name-6" type="judiciaryName">
<interp inst="t18720129-name-6" type="gender" value="male"/>
<interp inst="t18720129-name-6" type="surname" value="STONE"/>
<interp inst="t18720129-name-6" type="given" value="DAVID HENRY"/>DAVID HENRY STONE</persName> </hi>, Esq.,
<hi rend="smallCaps">THOMAS SOAMBLER OWDEN</hi>, Esq., and
<hi rend="smallCaps">CHARLES WHETHAM</hi>, Esq., Aldermen of the said City;
<hi rend="smallCaps">
<persName id="t18720129-name-7" type="judiciaryName">
<interp inst="t18720129-name-7" type="gender" value="male"/>
<interp inst="t18720129-name-7" type="surname" value="CHAMBERS"/>
<interp inst="t18720129-name-7" 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="t18720129-name-8" type="judiciaryName">
<interp inst="t18720129-name-8" type="gender" value="male"/>
<interp inst="t18720129-name-8" type="surname" value="KERR"/>
<interp inst="t18720129-name-8" type="given" value="ROBERT MALCOLM"/>ROBERT MALCOLM KERR</persName> </hi>, Esq., LL. D., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal court.</p>
<p>
<hi rend="smallCaps">FRANCIS WYATT TRUSCOTT</hi>, Esq., Alderman.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-9" type="judiciaryName">
<interp inst="t18720129-name-9" type="gender" value="male"/>
<interp inst="t18720129-name-9" type="surname" value="BENNETT"/>
<interp inst="t18720129-name-9" type="given" value="JOHN"/>JOHN BENNETT</persName> </hi>, Esq.</p>
<p>
<hi rend="italic">Sheriffs.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-10" type="judiciaryName">
<interp inst="t18720129-name-10" type="gender" value="male"/>
<interp inst="t18720129-name-10" type="surname" value="CROSLEY"/>
<interp inst="t18720129-name-10" type="given" value="ALEXANDER"/>ALEXANDER CROSLEY</persName> </hi>, Esq.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-11" type="judiciaryName">
<interp inst="t18720129-name-11" type="gender" value="male"/>
<interp inst="t18720129-name-11" type="surname" value="BEARD"/>
<interp inst="t18720129-name-11" type="given" value="THOMAS"/>THOMAS BEARD</persName> </hi>, Esq.</p>
<p>
<hi rend="italic">Under-Sheriffs.</hi> </p>
<xptr type="pageFacsimile" doc="187201290003"/>
<p>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<p>
<hi rend="largeCaps">GIBBONS, MAYOR. FOURTH SESSION</hi>.</p>
<p>
<hi rend="italic">A star</hi> (*)
<hi rend="italic">denotes that prisoners have been previously in custody—two stars</hi>, (**)
<hi rend="italic">that they have been more than once in custody—an obelisk</hi> (†)
<hi rend="italic">that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.</hi> </p>
<p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Monday, January</hi> 29
<hi rend="italic">th</hi>, 1872.</p>
<p>
<hi rend="italic">Before Mr. Deputy Recorder.</hi> </p>
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<interp inst="t18720129-186" type="uri" value="sessionsPapers/18720129"/>
<interp inst="t18720129-186" type="date" value="18720129"/>
<join result="criminalCharge" id="t18720129-186-charge-1" targOrder="Y" targets="def1-186-18720129 t18720129-186-offence-1 t18720129-186-verdict-1"/>
<p>186.
<persName id="def1-186-18720129" type="defendantName">
<interp inst="def1-186-18720129" type="gender" value="male"/>
<interp inst="def1-186-18720129" type="age" value="26"/>
<interp inst="def1-186-18720129" type="surname" value="ANDREWS"/>
<interp inst="def1-186-18720129" type="given" value="ALFRED"/>
<hi rend="largeCaps">ALFRED ANDREWS</hi> (26)</persName>,
<hi rend="smallCaps">
<rs id="t18720129-186-verdict-1" type="verdictDescription">
<interp inst="t18720129-186-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720129-186-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18720129-186-offence-1" type="offenceDescription">
<interp inst="t18720129-186-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18720129-186-offence-1" type="offenceSubcategory" value="bigamy"/>to feloniously marry
<lb/>ing
<persName id="t18720129-name-13" type="victimName">
<interp inst="t18720129-name-13" type="gender" value="female"/>
<interp inst="t18720129-name-13" type="surname" value="BYRNE"/>
<interp inst="t18720129-name-13" type="given" value="ANN ELIZABETH"/>
<join result="offenceVictim" targOrder="Y" targets="t18720129-186-offence-1 t18720129-name-13"/>Ann Elizabeth Byrne</persName>, his wife being then alive—</rs>
<rs id="t18720129-186-punishment-1" type="punishmentDescription">
<interp inst="t18720129-186-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t18720129-186-punishment-1" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-186-18720129 t18720129-186-punishment-1"/>
<hi rend="italic">Twelve Months' Im
<lb/>prisonment.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18720129-187">
<interp inst="t18720129-187" type="uri" value="sessionsPapers/18720129"/>
<interp inst="t18720129-187" type="date" value="18720129"/>
<join result="criminalCharge" id="t18720129-187-charge-1" targOrder="Y" targets="def1-187-18720129 t18720129-187-offence-1 t18720129-187-verdict-1"/>
<join result="criminalCharge" id="t18720129-187-charge-2" targOrder="Y" targets="def2-187-18720129 t18720129-187-offence-2 t18720129-187-verdict-1"/>
<p>187.
<persName id="def1-187-18720129" type="defendantName">
<interp inst="def1-187-18720129" type="gender" value="male"/>
<interp inst="def1-187-18720129" type="age" value="23"/>
<interp inst="def1-187-18720129" type="surname" value="PAGE"/>
<interp inst="def1-187-18720129" type="given" value="ROBERT"/>
<hi rend="largeCaps">ROBERT PAGE</hi> (23)</persName>
<rs id="t18720129-187-offence-1" type="offenceDescription">
<interp inst="t18720129-187-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18720129-187-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, to stealing four cigar-cases and other goods, of
<persName id="t18720129-name-15" type="victimName">
<interp inst="t18720129-name-15" type="gender" value="male"/>
<interp inst="t18720129-name-15" type="surname" value="SEWELL"/>
<interp inst="t18720129-name-15" type="given" value="JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t18720129-187-offence-1 t18720129-name-15"/>Joseph Sewell</persName>, his master; and </rs>
<persName id="def2-187-18720129" type="defendantName">
<interp inst="def2-187-18720129" type="gender" value="male"/>
<interp inst="def2-187-18720129" type="age" value="38"/>
<interp inst="def2-187-18720129" type="surname" value="SMITH"/>
<interp inst="def2-187-18720129" type="given" value="ROBERT HENRY"/>
<hi rend="largeCaps">ROBERT HENRY SMITH</hi> (38)</persName>,
<rs id="t18720129-187-offence-2" type="offenceDescription">
<interp inst="t18720129-187-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18720129-187-offence-2" type="offenceSubcategory" value="receiving"/>to feloniously receiving the same—</rs>
<rs id="t18720129-187-verdict-1" type="verdictDescription">
<interp inst="t18720129-187-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720129-187-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty. See original trial image.]</rs>
<rs id="t18720129-187-punishment-2" type="punishmentDescription">
<interp inst="t18720129-187-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18720129-187-punishment-2" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-187-18720129 t18720129-187-punishment-2"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-187-18720129 t18720129-187-punishment-2"/>
<hi rend="italic">Eighteen Months' Imprisonment each.</hi> </rs> </p> </div1>
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<interp inst="t18720129-188" type="uri" value="sessionsPapers/18720129"/>
<interp inst="t18720129-188" type="date" value="18720129"/>
<join result="criminalCharge" id="t18720129-188-charge-1" targOrder="Y" targets="def1-188-18720129 t18720129-188-offence-1 t18720129-188-verdict-1"/>
<p>188.
<persName id="def1-188-18720129" type="defendantName">
<interp inst="def1-188-18720129" type="gender" value="male"/>
<interp inst="def1-188-18720129" type="age" value="32"/>
<interp inst="def1-188-18720129" type="surname" value="FRENCH"/>
<interp inst="def1-188-18720129" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES FRENCH</hi> (32)</persName>
<rs id="t18720129-188-offence-1" type="offenceDescription">
<interp inst="t18720129-188-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18720129-188-offence-1" type="offenceSubcategory" value="forgery"/>, to feloniously uttering a forged re
<lb/>quest for the payment of 16
<hi rend="italic">s</hi>., with intent to defraud—</rs>
<rs id="t18720129-188-verdict-1" type="verdictDescription">
<interp inst="t18720129-188-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720129-188-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty. See original trial image.]</rs>
<rs id="t18720129-188-punishment-3" type="punishmentDescription">
<interp inst="t18720129-188-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18720129-188-punishment-3" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-188-18720129 t18720129-188-punishment-3"/>
<hi rend="italic">Four Months' Im
<lb/>prisonment.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18720129-189">
<interp inst="t18720129-189" type="uri" value="sessionsPapers/18720129"/>
<interp inst="t18720129-189" type="date" value="18720129"/>
<join result="criminalCharge" id="t18720129-189-charge-1" targOrder="Y" targets="def1-189-18720129 t18720129-189-offence-1 t18720129-189-verdict-1"/>
<join result="criminalCharge" id="t18720129-189-charge-2" targOrder="Y" targets="def2-189-18720129 t18720129-189-offence-1 t18720129-189-verdict-1"/>
<join result="criminalCharge" id="t18720129-189-charge-3" targOrder="Y" targets="def3-189-18720129 t18720129-189-offence-1 t18720129-189-verdict-1"/>
<p>189.
<persName id="def1-189-18720129" type="defendantName">
<interp inst="def1-189-18720129" type="gender" value="male"/>
<interp inst="def1-189-18720129" type="age" value="19"/>
<interp inst="def1-189-18720129" type="surname" value="HARDY"/>
<interp inst="def1-189-18720129" type="given" value="ARTHUR"/>
<hi rend="largeCaps">ARTHUR HARDY</hi> (19)</persName>,
<persName id="def2-189-18720129" type="defendantName">
<interp inst="def2-189-18720129" type="gender" value="male"/>
<interp inst="def2-189-18720129" type="age" value="18"/>
<interp inst="def2-189-18720129" type="surname" value="CARTER"/>
<interp inst="def2-189-18720129" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM CARTER</hi> (18)</persName>, and
<persName id="def3-189-18720129" type="defendantName">
<interp inst="def3-189-18720129" type="gender" value="male"/>
<interp inst="def3-189-18720129" type="age" value="17"/>
<interp inst="def3-189-18720129" type="surname" value="TOMKINS"/>
<interp inst="def3-189-18720129" type="given" value="BENJAMIN"/>
<hi rend="largeCaps">BENJAMIN TOMKINS</hi> (17)</persName>,
<rs id="t18720129-189-offence-1" type="offenceDescription">
<interp inst="t18720129-189-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18720129-189-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>to stealing 150 plated spoons, of
<persName id="t18720129-name-21" type="victimName">
<interp inst="t18720129-name-21" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18720129-189-offence-1 t18720129-name-21"/>the Lon
<lb/>don and North Western Railway Company</persName>, their masters</rs>
<rs id="t18720129-189-verdict-1" type="verdictDescription">
<interp inst="t18720129-189-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720129-189-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty. See original trial image.]</rs>
<rs id="t18720129-189-punishment-4" type="punishmentDescription">
<interp inst="t18720129-189-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18720129-189-punishment-4" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-189-18720129 t18720129-189-punishment-4"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-189-18720129 t18720129-189-punishment-4"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-189-18720129 t18720129-189-punishment-4"/>
<hi rend="italic">Twelve Months' Imprisonment each.</hi> </rs> And</p> </div1>
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<interp inst="t18720129-190" type="uri" value="sessionsPapers/18720129"/>
<interp inst="t18720129-190" type="date" value="18720129"/>
<join result="criminalCharge" id="t18720129-190-charge-1" targOrder="Y" targets="def1-190-18720129 t18720129-190-offence-1 t18720129-190-verdict-1"/>
<join result="criminalCharge" id="t18720129-190-charge-2" targOrder="Y" targets="def2-190-18720129 t18720129-190-offence-1 t18720129-190-verdict-1"/>
<p>190.
<persName id="def1-190-18720129" type="defendantName">
<interp inst="def1-190-18720129" type="gender" value="male"/>
<interp inst="def1-190-18720129" type="age" value="18"/>
<interp inst="def1-190-18720129" type="surname" value="BRODERICK"/>
<interp inst="def1-190-18720129" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS BRODERICK</hi> (18)</persName>, and
<persName id="def2-190-18720129" type="defendantName">
<interp inst="def2-190-18720129" type="gender" value="male"/>
<interp inst="def2-190-18720129" type="age" value="17"/>
<interp inst="def2-190-18720129" type="surname" value="BUDD"/>
<interp inst="def2-190-18720129" type="given" value="EDWARD"/>
<hi rend="largeCaps">EDWARD BUDD</hi> (17)</persName>
<rs id="t18720129-190-offence-1" type="offenceDescription">
<interp inst="t18720129-190-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18720129-190-offence-1" type="offenceSubcategory" value="mail"/>, to stealing a letter containing an acquittance for the payment of 4
<hi rend="italic">l</hi>. 19
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., the property of
<persName id="t18720129-name-24" type="victimName">
<interp inst="t18720129-name-24" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18720129-190-offence-1 t18720129-name-24"/>Her Majesty's Postmaster General</persName>;</rs>
<rs id="t18720129-190-verdict-1" type="verdictDescription">
<interp inst="t18720129-190-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720129-190-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty. See original trial image.]</rs>
<hi rend="largeCaps">BUDD</hi> also
<hi rend="smallCaps">PLEADED GUILTY</hi> to uttering the same order.
<hi rend="italic">They received good characters—
<rs id="t18720129-190-punishment-5" type="punishmentDescription">
<interp inst="t18720129-190-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18720129-190-punishment-5" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-190-18720129 t18720129-190-punishment-5"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-190-18720129 t18720129-190-punishment-5"/>Six Months' Imprisonment each</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18720129-191">
<interp inst="t18720129-191" type="uri" value="sessionsPapers/18720129"/>
<interp inst="t18720129-191" type="date" value="18720129"/>
<join result="criminalCharge" id="t18720129-191-charge-1" targOrder="Y" targets="def1-191-18720129 t18720129-191-offence-1 t18720129-191-verdict-2"/>
<join result="criminalCharge" id="t18720129-191-charge-2" targOrder="Y" targets="def2-191-18720129 t18720129-191-offence-1 t18720129-191-verdict-1"/>
<p>191.
<persName id="def1-191-18720129" type="defendantName">
<interp inst="def1-191-18720129" type="gender" value="male"/>
<interp inst="def1-191-18720129" type="age" value="42"/>
<interp inst="def1-191-18720129" type="surname" value="GOUGH"/>
<interp inst="def1-191-18720129" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE GOUGH</hi> (42)</persName>, and
<persName id="def2-191-18720129" type="defendantName">
<interp inst="def2-191-18720129" type="gender" value="male"/>
<interp inst="def2-191-18720129" type="age" value="22"/>
<interp inst="def2-191-18720129" type="surname" value="WILLIAMS"/>
<interp inst="def2-191-18720129" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE WILLIAMS</hi> (22)</persName>
<rs id="t18720129-191-offence-1" type="offenceDescription">
<interp inst="t18720129-191-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18720129-191-offence-1" type="offenceSubcategory" value="forgery"/>, were charged, upon seven indictments, with feloniously forging and uttering requests for the delivery of goods, with intent to defraud.</rs> </p>
<p>
<hi rend="largeCaps">WILLIAMS</hi>
<hi rend="smallCaps">
<rs id="t18720129-191-verdict-1" type="verdictDescription">
<interp inst="t18720129-191-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720129-191-verdict-1" type="verdictSubcategory" value="no_subcategory"/>PLEADED GUILTY</rs> </hi>.
<hi rend="italic">He also</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to having been before convicted in March</hi>, 1871—
<hi rend="italic">
<rs id="t18720129-191-punishment-6" type="punishmentDescription">
<interp inst="t18720129-191-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18720129-191-punishment-6" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-191-18720129 t18720129-191-punishment-6"/>Eighteen Months' Imprisonment.</rs> </hi> </p>
<p>
<hi rend="smallCaps">MR. F. H. LEWIS</hi>,
<hi rend="italic">for the Prosecution, offered no evidence against</hi>
<hi rend="largeCaps">GOUGH</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18720129-191-verdict-2" type="verdictDescription">
<interp inst="t18720129-191-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18720129-191-verdict-2" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18720129-192">
<interp inst="t18720129-192" type="uri" value="sessionsPapers/18720129"/>
<interp inst="t18720129-192" type="date" value="18720129"/>
<join result="criminalCharge" id="t18720129-192-charge-1" targOrder="Y" targets="def1-192-18720129 t18720129-192-offence-1 t18720129-192-verdict-1"/>
<p>192.
<persName id="def1-192-18720129" type="defendantName">
<interp inst="def1-192-18720129" type="gender" value="male"/>
<interp inst="def1-192-18720129" type="age" value="30"/>
<interp inst="def1-192-18720129" type="surname" value="COOPER"/>
<interp inst="def1-192-18720129" type="given" value="CHARLES HENRY"/>
<hi rend="largeCaps">CHARLES HENRY COOPER</hi> (30)</persName>
<rs id="t18720129-192-offence-1" type="offenceDescription">
<interp inst="t18720129-192-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18720129-192-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing a jewel-case, a brooch, and pair of earrings, of
<persName id="t18720129-name-28" type="victimName">
<interp inst="t18720129-name-28" type="gender" value="male"/>
<interp inst="t18720129-name-28" type="surname" value="GABRIEL"/>
<interp inst="t18720129-name-28" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18720129-192-offence-1 t18720129-name-28"/>William Gabriel</persName>.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-29" type="witnessName">
<interp inst="t18720129-name-29" type="gender" value="male"/>
<interp inst="t18720129-name-29" type="surname" value="WILLIAMS"/>
<interp inst="t18720129-name-29" type="given" value="MONTAGU"/>MR. MONTAGU WILLIAMS</persName> </hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. ST. AUBYN</hi>
<hi rend="italic">the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-30" type="witnessName">
<interp inst="t18720129-name-30" type="gender" value="male"/>
<interp inst="t18720129-name-30" type="surname" value="GABRIEL"/>
<interp inst="t18720129-name-30" type="given" value="WILLIAM"/>WILLIAM GABRIEL</persName> </hi>. I am a jeweller, in Bishopsgate Street—on a Satur
<lb/>day evening, about 7.15, the prisoner came into my shop, and asked to look at some brooches and earrings—he selected about six sets, to the value of 60
<hi rend="italic">l</hi>., or 70
<hi rend="italic">l</hi>.—he gave the name of Sir Charles Cavendish, and desired the</p>
<xptr type="pageFacsimile" doc="187201290004"/>
<p>things to be sent to the Cannon Street Hotel—he mentioned a Mrs. Gains
<lb/>boro, as a customer of mine; I did not know the name—he gave a glow
<lb/>ing description of the lady, and said he wanted to make her a present of a brooch and pair of earrings, and he wished them sent to the Cannon Street Hotel for her inspection—he wished to look at another set rather more expensive—I went to the end of the counter, and directed my assistant to get it out—I turned round sharply, and saw the prisoner appear to put something in his pocket—I looked on the counter, and instantly missed a set, value 7
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—I kept him in conversation for some time, hoping every minute to see a policeman pass; then he got up, saying they must be sent on in half an hour, by that time he would have dined—I went round to the door, and shut the door, and said "You can't go," and I accused him of robbing me—he said he had done nothing of the kind—I saw a police-man pass, and I called him in, and he searched him—whilst he was doing so, the prisoner shuffled about a great deal in the shop, and I saw the brooch and earrings at his feet—he was standing in the same position then as he was before, in front of the counter.</p>
<p>
<hi rend="italic">Cross-examined.</hi> My shop is not a very large one, about 8 ft. or 10 ft. wide—it is not common to send jewellery to an hotel for inspection; it is done sometimes; it is very rare—this is the case (
<hi rend="italic">produced</hi>)—the brooch and earrings were in it, as they are now—the prisoner had been looking at six or seven sets like this—I kept him in conversation about five minutes—I have two assistants, but only one in the shop—I did not think it wise to speak to the prisoner about it till I saw a policeman pass—I did not see him touch the case—there were about eight sets on the counter.</p>
<p>
<hi rend="italic">Re-examined.</hi> If I was to send jewellery on approval to a person calling himself Sir Charles Cavendish, I should expect to find such a person there—when I first came round the counter, the case was not on the ground.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-31" type="witnessName">
<interp inst="t18720129-name-31" type="gender" value="male"/>
<interp inst="t18720129-name-31" type="surname" value="BOTTING"/>
<interp inst="t18720129-name-31" type="given" value="JOHN"/>JOHN BOTTING</persName> </hi> (
<hi rend="italic">City Policeman</hi> 910). I was called in to take the pri
<lb/>soner into custody—I searched his coat pockets—he was very restless, I could not keep him still—I told him to keep still, I was not going to hurt him, and all of a sudden I saw this morocco case lying down against his feet—I said to Mr. Gabriel, "There is the case, pick it up"—he did so, and gave it to me—I searched the prisoner at the station, and found on him 2
<hi rend="italic">s</hi>. in silver, 1
<hi rend="italic">s</hi>. worth of coppers, the tops of two old metal spoons, a smelling-bottle, and snuff-box—I asked his name and address—he said he could not give it me, it would disgrace his family—on the Sunday morning he gave an address for me to go to his sister, which was false.</p>
<p>
<hi rend="italic">The Prisoner's Statement before the Magistrate</hi>: "I have nothing to say."</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-32" type="witnessName">
<interp inst="t18720129-name-32" type="gender" value="male"/>
<interp inst="t18720129-name-32" type="surname" value="GABRIEL"/>
<interp inst="t18720129-name-32" type="given" value="WILLIAM"/>WILLIAM GABRIEL</persName> </hi> (
<hi rend="italic">re-examined</hi>). When I first came round the counter, I did not look on the floor to see if the case was there, but if he had thrown it down by his arm I think I must have heard it fall; the only way in which I can account for its getting on the floor was in his shuffling about.</p>
<p>
<hi rend="smallCaps">
<rs id="t18720129-192-verdict-1" type="verdictDescription">
<interp inst="t18720129-192-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720129-192-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18720129-192-punishment-7" type="punishmentDescription">
<interp inst="t18720129-192-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18720129-192-punishment-7" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-192-18720129 t18720129-192-punishment-7"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18720129-193">
<interp inst="t18720129-193" type="uri" value="sessionsPapers/18720129"/>
<interp inst="t18720129-193" type="date" value="18720129"/>
<join result="criminalCharge" id="t18720129-193-charge-1" targOrder="Y" targets="def1-193-18720129 t18720129-193-offence-1 t18720129-193-verdict-1"/>
<p>193.
<persName id="def1-193-18720129" type="defendantName">
<interp inst="def1-193-18720129" type="gender" value="male"/>
<interp inst="def1-193-18720129" type="age" value="20"/>
<interp inst="def1-193-18720129" type="surname" value="COLLINSON"/>
<interp inst="def1-193-18720129" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE COLLINSON</hi> (20)</persName>
<rs id="t18720129-193-offence-1" type="offenceDescription">
<interp inst="t18720129-193-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18720129-193-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, Stealing nine chains and three brooches, the property of
<persName id="t18720129-name-34" type="victimName">
<interp inst="t18720129-name-34" type="gender" value="male"/>
<interp inst="t18720129-name-34" type="surname" value="LEVI"/>
<interp inst="t18720129-name-34" type="given" value="ISAAC"/>
<join result="offenceVictim" targOrder="Y" targets="t18720129-193-offence-1 t18720129-name-34"/>Isaac Levi</persName>, in his dwelling-house.</rs> </p>
<p>
<hi rend="smallCaps">MR. BROMBY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-35" type="witnessName">
<interp inst="t18720129-name-35" type="gender" value="male"/>
<interp inst="t18720129-name-35" type="surname" value="LEVI"/>
<interp inst="t18720129-name-35" type="given" value="ISAAC"/>ISAAC LEVI</persName> </hi>. I am a jeweller, at 12, Harrow Alloy, Houndsditch—on 20th January, about 12 o'clock, I was serving a lady, in my shop, with two gold chains—I showed her a tray with some gold chains on it, and brooches, rings, and other articles of jewellery—the prisoner ran inside the</p>
<xptr type="pageFacsimile" doc="187201290005"/>
<p>shop, pushed the lady on one side with one hand, and with the other he cleared the tray of the chains and other things, and rushed out again—I ran after him, calling "Stop thief!" and I saw him stopped—I saw the chains in his hand, and he threw them away when he was stopped—these (
<hi rend="italic">produced</hi>) are my chains and brooches, which were on the tray—I missed goods altogether of the value of 12
<hi rend="italic">l</hi>. or 13
<hi rend="italic">l</hi>., three brooches, four chains, and other articles—I have not recovered them quite all; these have been found.</p>
<p>
<hi rend="italic">Prisoner.</hi> He says I stole three brooches; I have not seen them. I am guilty of stealing four chains.</p>
<p>
<hi rend="smallCaps">
<rs id="t18720129-193-verdict-1" type="verdictDescription">
<interp inst="t18720129-193-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720129-193-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>*—
<hi rend="italic">
<rs id="t18720129-193-punishment-8" type="punishmentDescription">
<interp inst="t18720129-193-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18720129-193-punishment-8" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-193-18720129 t18720129-193-punishment-8"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18720129-194">
<interp inst="t18720129-194" type="uri" value="sessionsPapers/18720129"/>
<interp inst="t18720129-194" type="date" value="18720129"/>
<join result="criminalCharge" id="t18720129-194-charge-1" targOrder="Y" targets="def1-194-18720129 t18720129-194-offence-1 t18720129-194-verdict-1"/>
<p>194.
<persName id="def1-194-18720129" type="defendantName">
<interp inst="def1-194-18720129" type="gender" value="female"/>
<interp inst="def1-194-18720129" type="age" value="15"/>
<interp inst="def1-194-18720129" type="surname" value="ELKINGTON"/>
<interp inst="def1-194-18720129" type="given" value="ESTHER"/>
<hi rend="largeCaps">ESTHER ELKINGTON</hi> (15)</persName>
<rs id="t18720129-194-offence-1" type="offenceDescription">
<interp inst="t18720129-194-offence-1" type="offenceCategory" value="damage"/>
<interp inst="t18720129-194-offence-1" type="offenceSubcategory" value="arson"/>, Feloniously and maliciously setting fire to the dwelling-house of
<persName id="t18720129-name-37" type="victimName">
<interp inst="t18720129-name-37" type="gender" value="male"/>
<interp inst="t18720129-name-37" type="surname" value="BROGDEN"/>
<interp inst="t18720129-name-37" type="given" value="ALFRED RICHARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18720129-194-offence-1 t18720129-name-37"/>Alfred Richard Brogden</persName>, he and others being therein.
<hi rend="italic">Other Counts</hi>—Attempting to set fire to the house, with intent to injure.</rs> </p>
<p>
<hi rend="smallCaps">MR. BRINDLEY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-38" type="witnessName">
<interp inst="t18720129-name-38" type="gender" value="male"/>
<interp inst="t18720129-name-38" type="surname" value="BROGDEN"/>
<interp inst="t18720129-name-38" type="given" value="ALFRED RICHARD"/>ALFRED RICHARD BROGDEN</persName> </hi>. live at 61, Theobald's Road, Holborn, and am a collector—the prisoner was a servant in my employ—on the morning of 5th January I was awoke about 4 o'clock by Mrs. Guthrie, one of my lodgers, and went down stairs to the back parlour—I found the curtains were burnt, the arm chair was on fire at the time, and the bar of a little fancy table was burnt nearly through; that was out, it had been burnt, and a child's chair which was underneath that table was also burnt—there was some paper burnt, in the cupboard, and on the top of that there were three pieces of wood; the paper was burnt, and the wood had been blackened and charred—the flooring was burnt, and the wood round the window was charred—the table which was burnt was in the same position as it was left over night—I went to the prisoner's bedroom—the door was partly open, and a pail put against the door, apparently to keep it open; that was where she sleeps—the prisoner was partly dressed, with her night dress over her other things—when I came down she was in the room, on the threshold of the door—the bed was not made; she had not made it for the night, as she generally does—I said to her "Esther, have you set fire to this place?"—she said "No, somebody must have been in and done it"—her room was close to the room which was burning—I said it was very strange that it should be on fire in such different places—she made no reply to that—there were three places on fire—I went to the door and got a constable—the prisoner's room is next to the room that was on fire, and her room door was open—when the constable came, he asked me if I would give her in charge—I said to him when he came in, "I wish to give my servant in charge for attempting to set fire to the premises"—the con
<lb/>stable questioned her, and she said she broke open the cupboard to get some tea—he asked her if she had done it—she said she opened the cup
<lb/>board to get some sugar to sweeten some tea that she had made, and we found there had been no tea made—she said she dropped the paper in the cupboard, where the wood was put over it, an she went to get a light to look for the sugar—there was a grate in the room, but there was no appearance of any fire in it—the prisoner said "I dropped the paper inside the cup
<lb/>board"—the cupboard door was open, and I saw the charred paper there—she said she forced open the cupboard door with the screw-driver—the door was locked over night—she said she had got out of bed, went to the cup
<lb/>board to make some tea, and forced it open with a screw-driver—there was</p>
<xptr type="pageFacsimile" doc="187201290006"/>
<p>some tea in a caddy on the sideboard—some of it had been taken out, and it was scattered on the sideboard—a packet of tea and sugar was found in the prisoner's box—her box was packed ready for removal—some tea was spilt on the sideboard where the tea-caddy stood, and the lid was open—it had been closed the night before—the shop adjoined the prisoner's bedroom—there are two tills in the shop—I had left 10
<hi rend="italic">d</hi>. in copper in one till, and that was gone—10
<hi rend="italic">d</hi>. was found in a purse in the prisoner's box—there were two new farthings in the till, and they were found in the purse—these (
<hi rend="italic">produced</hi>) are the three pieces of wood which were in the cupboard over the charred paper, and this is a piece of a child's money-box which had been in the cupboard and which was gone in the morning, and I found this little piece of wood, which is a part of the box, on the floor—I should think there was about 2
<hi rend="italic">l</hi>. in silver and copper in the box—the money was all gone, as well as the box—the 10
<hi rend="italic">d</hi>. and the tea and sugar were all that was found—the prisoner had been in my service about four months—she was not under notice to leave—I did not know that she was packing her box, or that she had any intention of leaving.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-39" type="witnessName">
<interp inst="t18720129-name-39" type="gender" value="female"/>
<interp inst="t18720129-name-39" type="surname" value="GUTHRIE"/>
<interp inst="t18720129-name-39" type="given" value="ANNIE"/>ANNIE GUTHRIE</persName> </hi>. I am the wife of James Guthrie, a compositor—he is dying of consumption—I lodge in the house of Mr. Brogden—on the morn
<lb/>ing of 5th January, about 4 o'clock, I had occasion to get up to attend to my sick husband—my room is two floors above the shop—my room became full of smoke—I took my lamp and went down stairs to the kitchen—I found the fire was not there and I went to the passage, level with the shop—I looked in the parlour but I could not see my hand before me, for the smoke was so great—I put my hand against the door and put my leg against a zinc pail which propped the door open—I went in to where the prisoner slept—she was lying on the bed, partly dressed, but her night-dress was over her petticoats—I said "How can you lie there with the place all on fire, and this smoke?"—she said "I have not done it, some one must have come in and done it"—she raised herself up in bed—I looked into the adjoining room, that is the back parlour, and I saw the easy-chair was all red, on fire, and I instantly closed the door and proceeded to Mr. Brogden's bed-room and he came down—the prisoner's door was propped open by a zinc pail—it was the next room to the parlour—when Mr. Brogden arrived he moved the burning furniture into the yard—the prisoner's mistress said to her "How can this fire have come here?"—she said she did not know anything about it, that somebody must have done it—her mistress then said "What can have become of the curtains, where can they have gone to?" and she said "Did you go to bed?"—she first said that she did go to bed—her mistress said "If you did go to bed you had no candle or matches; how did you come by the light; you must know how you got the light, Esther?"—she said "I never turned the gas out"—and she also said she had not been to bed—her mistress said "How was it you did not go to bed, or what male you get up; if you acknowledge going to bed, what made you get up;" and she said "I got up in the night to make tea"—her mistress then went to the sideboard cupboard and she perceived that it was forced open and the look was partly hanging down—she asked the prisoner why she went to it, and she said she went to get the sugar to make tea in the night—when the constable came she said "I broke open the cupboard by a screw-driver"—she said that in going to the cupboard she had dropped a piece of paper and that set light to the long curtains and that she pulled them down—they were long white muslin curtains, and were attached by a string at the top</p>
<xptr type="pageFacsimile" doc="187201290007"/>
<p>of the window—a wet stocking was found lying on the floor, and her mistress asked her why it was there, and she said she had it to put out the fire—when we came back from the station, after she was locked up, I saw her box, which was packed—the dress she had worn in the morning had been folded up and put in—there were two ounces of moist sugar and tea in her box, and 10
<hi rend="italic">d</hi>. in farthings and halfpence—the fire was found out about 4.30 in the morning, as near as I can recollect.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-40" type="witnessName">
<interp inst="t18720129-name-40" type="gender" value="male"/>
<interp inst="t18720129-name-40" type="surname" value="BLISSETT"/>
<interp inst="t18720129-name-40" type="given" value="RICHARD"/>RICHARD BLISSETT</persName> </hi> (
<hi rend="italic">Policeman E</hi> 106). I was called by Mr. Brogden to his house, 61, Theobald's Road, Holborn, about 5.15 on the morning of 5th January—I went into the back parlour, and saw the prisoner and Mrs. Brogden and Mrs. Guthrie there—Mr. Brogden said "Policeman, this is a very mysterious affair; someone has set fire to my furniture here in the back parlour"—Mrs. Guthrie was standing on the sill of the door—she came into the room, and said about 4 o'clock she came out of her room, and found the place full of smoke; she came down stairs, and saw the prisoner lying on her bed, partly dressed; she pushed open the parlour door, and saw the back parlour furniture in flames, burning; after she had woke the prisoner up, she asked her how she could account for the fire, and she said she knew nothing about it—the prisoner was present at that time—I saw an arm chair that Mr. Brogden had taken out into the back yard, and a child's small chair—the legs were burnt and black—the parlour window was burnt very much, and a pair of curtains had been pulled down, and were partially burnt—the cupboard in the sideboard was open, and at the entrance there was some paper and wood built up—there were three separate places in the room where fire had been—after Mrs. Brogden found the cupboard broken open, she said "Esther, you must know something of this, sleeping so close to it"—I was examining the cupboard at that time—there were marks on it, and there was a screw-driver close by—the prisoner said "I forced open the cupboard, for the purpose of getting some tea and sugar, and I must have dropped the light in the cupboard when I was looking for the tea and sugar"—Mr. Brogden then said "I shall give her into custody for forcing open the cupboard, and on suspicion of setting fire to my place"—she said "I know nothing about setting fire to it; I did not do it"—she was taken to the station—I found on her a bag of money, containing about 11
<hi rend="italic">s</hi>. in silver and copper—there was a farthing, which Mr. Brogden identified as being a portion of his money.</p>
<p>
<hi rend="smallCaps">A. R. BROGDEN</hi> (
<hi rend="italic">re-examined</hi>). I know this farthing—I had it in change for some stout that I sent for a few days before—it is very smooth on one side—I gave it to my little boy, and he put it in his money box—it was found amongst the money which was found upon the prisoner.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-41" type="witnessName">
<interp inst="t18720129-name-41" type="gender" value="male"/>
<interp inst="t18720129-name-41" type="surname" value="BATEMAN"/>
<interp inst="t18720129-name-41" type="given" value="THOMAS WILLIAM"/>THOMAS WILLIAM BATEMAN</persName> </hi>. I am fireman 124 at the Holborn Station—I was called to 61, Theobald's Road, and examined the back parlour, on the ground floor—I found a pair of long curtains burnt, arm chair damaged by fire, and the floor partly damaged—the cupboard was burnt, and there was a quantity of paper ash all over the floor, under the window, and as far as the cupboard—the skirting of the room was slightly damaged—I said I wished to see the prisoner, and they told me she was outside—I went out, and saw her in the passage—I asked her whether she could tell me how the fire happened—she said "I lighted a piece of paper to seek after something that fell off the table, and in doing so I set light to the curtain; I pulled it down, and fancied all the fire was out, and I went to bed"—I asked her</p>
<xptr type="pageFacsimile" doc="187201290008"/>
<p>what time it was, and she said about 2 o'clock she believed—the cupboard was close to the window, on the left-hand side.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-42" type="witnessName">
<interp inst="t18720129-name-42" type="gender" value="female"/>
<interp inst="t18720129-name-42" type="surname" value="BALL"/>
<interp inst="t18720129-name-42" type="given" value="MARY"/>MARY BALL</persName> </hi>. I am female searcher at Hunter Street police-station—on the morning of 5th January I searched the prisoner, and found 5
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>. in silver, and 6
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>. in bronze, in pence, halfpence, and farthings—I gave them to the inspector.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-43" type="witnessName">
<interp inst="t18720129-name-43" type="gender" value="male"/>
<interp inst="t18720129-name-43" type="surname" value="BLISSETT"/>
<interp inst="t18720129-name-43" type="given" value="RICHARD"/>RICHARD BLISSETT</persName> </hi> (
<hi rend="italic">re-examined</hi>) I saw them banded to the inspector, and took possession of them.</p>
<p>
<hi rend="italic">The Prisoner's Statement before the Magistrate</hi>: "I never set fire to the curtains, I can take my oath to that; and I never opened the money-box; I can take my oath to that."</p>
<p>
<rs id="t18720129-194-verdict-1" type="verdictDescription">
<interp inst="t18720129-194-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720129-194-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>.
<hi rend="italic">The Jury recommended her to mercy, considering that she was totally ignorant of the consequences of the crime</hi> </rs>
<hi rend="italic">
<rs id="t18720129-194-punishment-9" type="punishmentDescription">
<interp inst="t18720129-194-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18720129-194-punishment-9" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-194-18720129 t18720129-194-punishment-9"/>Seven Years' Penal Servitude.</rs> </hi> </p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, January</hi> 29
<hi rend="italic">th</hi>, 1872.</p>
<p>
<hi rend="italic">Before Robert Malcolm Kerr, Esq.</hi> </p>
<div1 type="trialAccount" id="t18720129-195">
<interp inst="t18720129-195" type="uri" value="sessionsPapers/18720129"/>
<interp inst="t18720129-195" type="date" value="18720129"/>
<join result="criminalCharge" id="t18720129-195-charge-1" targOrder="Y" targets="def1-195-18720129 t18720129-195-offence-1 t18720129-195-verdict-1"/>
<p>195.
<persName id="def1-195-18720129" type="defendantName">
<interp inst="def1-195-18720129" type="gender" value="male"/>
<interp inst="def1-195-18720129" type="age" value="22"/>
<interp inst="def1-195-18720129" type="surname" value="MURPHY"/>
<interp inst="def1-195-18720129" type="given" value="STEPHEN"/>
<hi rend="largeCaps">STEPHEN MURPHY</hi> (22)</persName>
<rs id="t18720129-195-offence-1" type="offenceDescription">
<interp inst="t18720129-195-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18720129-195-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<p>
<hi rend="smallCaps">MR. CRAUFURD</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. DE MICHELE</hi>
<hi rend="italic">the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-45" type="witnessName">
<interp inst="t18720129-name-45" type="gender" value="male"/>
<interp inst="t18720129-name-45" type="surname" value="ARKWRIGHT"/>
<interp inst="t18720129-name-45" type="given" value="RICHARD"/>RICHARD ARKWRIGHT</persName> </hi>. I am a licensed victualler, at 41, Acton Street, Gray's Inn Road—on 3rd January, between 5 and 6 o'clock in the evening, I served the prisoner with a pennyworth of rum—I noticed him very particularly, he drank it and left—next evening he came again about the same time—the barmaid served him with a pennyworth of rum and I saw him pay her with a penny, he sat about twenty minutes drinking the rum and then left—shortly afterwards a little boy came in for three-pennyworth of pale brandy in a bottle, for which he had to pay a penny deposit—I saw him put a half-crown on the counter, the barmaid took it up and passed it to me, it was bad and I broke a piece out of it—I spoke to the boy and gave him an empty bottle, he went out and came back with his father and the prisoner—I asked the prisoner what he meant by this—he could not give me any answer—I said "We have caught-you at last" and gave him in charge with the half-crown.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-46" type="witnessName">
<interp inst="t18720129-name-46" type="gender" value="female"/>
<interp inst="t18720129-name-46" type="surname" value="HERITAGE"/>
<interp inst="t18720129-name-46" type="given" value="EMMA"/>EMMA HERITAGE</persName> </hi>. On 3rd January, I served the prisoner with a penny-Worth of rum and he paid with a penny—on the 4th I again served him with a pennyworth of rum—he gave me a penny, and after he went out a boy came in and asked for three-pennyworth of pale brandy in a bottle—he gave me this bad half-crown, I passed it to Mr. Arkwright, who spoke to the boy who went out and met his father, and Mr. Arkwright followed—the prisoner came back with them, and Mr. Arkwright said "We have caught you, did you send this?"—he said "No"—we sent for a policeman, who took him in custody.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-47" type="witnessName">
<interp inst="t18720129-name-47" type="gender" value="male"/>
<interp inst="t18720129-name-47" type="surname" value="BESLEY"/>
<interp inst="t18720129-name-47" type="given" value="THOMAS HENRY"/>THOMAS HENRY BESLEY</persName> </hi>. I am nine years old and live with my father at 21, Wakefield Street—on this evening in January I saw the prisoner in Acton Street, near Mr. Arkwright's—he said "Go and get three-pennyworth of pale brandy and a penny on the bottle, and make haste with it, and I will give you a halfpenny when you come back"—he gave me a half-crown—I went to Mr. Arkwright's and asked the barmaid for the brandy and placed the half-crown on the counter—she handed it to Mr. Arkwright, who told me to give the bottle back to him—I did so and went out and saw my father coming—I went back to the house with him—the barmaid gave me an</p>
<xptr type="pageFacsimile" doc="187201290009"/>
<p>empty bottle and told me something—I went out and my father followed me—I walked on one side of the street and my father on the other—I saw the prisoner and went up to him, and my father came up and took him and me back to the public-house.</p>
<p>
<hi rend="italic">Prisoner.</hi> I was looking in at a window and never saw you till I went into the public-house with your father; I never gave you a half-crown.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-48" type="witnessName">
<interp inst="t18720129-name-48" type="gender" value="male"/>
<interp inst="t18720129-name-48" type="surname" value="BESLEY"/>
<interp inst="t18720129-name-48" type="given" value="JOHN"/>JOHN BESLEY</persName> </hi>. I am the father of the last witness—I sent him on an errand on 4th January—he was out longer than I expected, and I went out and met him in Acton Street, outside the public-house—I went in with him and saw him receive an empty bottle—he left the house with me and pointed out the prisoner to me, who crossed the road in the direction of the boy, and I took him.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-49" type="witnessName">
<interp inst="t18720129-name-49" type="gender" value="male"/>
<interp inst="t18720129-name-49" type="surname" value="ATTWELL"/>
<interp inst="t18720129-name-49" type="given" value="FREDERICK"/>FREDERICK ATTWELL</persName> </hi> (
<hi rend="italic">Policeman G</hi> 229). I took the prisoner and told him the charge—ha said he knew nothing about it—I found twopence and a key on him.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-50" type="witnessName">
<interp inst="t18720129-name-50" type="gender" value="male"/>
<interp inst="t18720129-name-50" type="surname" value="WEBSTER"/>
<interp inst="t18720129-name-50" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. I am Inspector of Coin to Her Majesty's Mint—this is a bad half-crown.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I never had the half-crown in my hand, and never saw the boy till I was taken.</p>
<p>
<hi rend="smallCaps">
<rs id="t18720129-195-verdict-1" type="verdictDescription">
<interp inst="t18720129-195-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720129-195-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18720129-195-punishment-10" type="punishmentDescription">
<interp inst="t18720129-195-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18720129-195-punishment-10" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-195-18720129 t18720129-195-punishment-10"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18720129-196">
<interp inst="t18720129-196" type="uri" value="sessionsPapers/18720129"/>
<interp inst="t18720129-196" type="date" value="18720129"/>
<join result="criminalCharge" id="t18720129-196-charge-1" targOrder="Y" targets="def1-196-18720129 t18720129-196-offence-1 t18720129-196-verdict-1"/>
<join result="criminalCharge" id="t18720129-196-charge-2" targOrder="Y" targets="def2-196-18720129 t18720129-196-offence-1 t18720129-196-verdict-1"/>
<p>196.
<persName id="def1-196-18720129" type="defendantName">
<interp inst="def1-196-18720129" type="gender" value="female"/>
<interp inst="def1-196-18720129" type="age" value="27"/>
<interp inst="def1-196-18720129" type="surname" value="NICHOLLS"/>
<interp inst="def1-196-18720129" type="given" value="ELIZABETH"/>
<hi rend="largeCaps">ELIZABETH NICHOLLS</hi> (27)</persName>, and
<persName id="def2-196-18720129" type="defendantName">
<interp inst="def2-196-18720129" type="gender" value="female"/>
<interp inst="def2-196-18720129" type="age" value="47"/>
<interp inst="def2-196-18720129" type="surname" value="BRANTON"/>
<interp inst="def2-196-18720129" type="given" value="ELIZABETH"/>
<hi rend="largeCaps">ELIZABETH BRANTON</hi> (47)</persName>
<rs id="t18720129-196-offence-1" type="offenceDescription">
<interp inst="t18720129-196-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18720129-196-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, Stealing two towels, one piece of repp, and other articles, of
<persName id="t18720129-name-53" type="victimName">
<interp inst="t18720129-name-53" type="gender" value="male"/>
<interp inst="t18720129-name-53" type="surname" value="LOVELL"/>
<interp inst="t18720129-name-53" type="given" value="JAMES FRANCIS"/>
<join result="offenceVictim" targOrder="Y" targets="t18720129-196-offence-1 t18720129-name-53"/>James Francis Lovell</persName>, the master of Nickolls.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-54" type="witnessName">
<interp inst="t18720129-name-54" type="gender" value="indeterminate"/>
<interp inst="t18720129-name-54" type="surname" value="COLE"/>
<interp inst="t18720129-name-54" type="given" value="THORNE"/>MR. THORNE COLE</persName> </hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. MOODY</hi>
<hi rend="italic">the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-55" type="witnessName">
<interp inst="t18720129-name-55" type="gender" value="male"/>
<interp inst="t18720129-name-55" type="surname" value="FENELLEY"/>
<interp inst="t18720129-name-55" type="given" value="WILLIAM"/>WILLIAM FENELLEY</persName> </hi> (
<hi rend="italic">Policeman Y</hi> 449). On 7th January, about 10.30 I found Branton in the Ship public-house, Kentish Town, drunk—I took her to the station—she had these two bundles with her—I asked where she got them—she said she had been to Ludgate Hill to see a friend who gave them to her—I afterwards took Nicholls at the Daniel Lambert, Ludgate Hill.</p>
<p>
<hi rend="italic">Cross-examined.</hi> She gave me her right address.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-56" type="witnessName">
<interp inst="t18720129-name-56" type="gender" value="male"/>
<interp inst="t18720129-name-56" type="surname" value="DALTON"/>
<interp inst="t18720129-name-56" type="given" value="JOHN"/>JOHN DALTON</persName> </hi> (
<hi rend="italic">Detective Officer Y</hi>). On the morning of 8th January, I went with Fenelley to the Daniel Lambert, and told Nicholls I should take her in custody on a charge of stealing those articles, the property of her master—she said "You had better let me be till the morning"—I said "Well, it is morning now"—I searched her box in her presence, she said "There is nothing there belonging to my master, it all belongs to me"—I went on searching and found this pocket-handkerchief, marked "Lavell" this piece of repp, this towel marked "J. M. L." and three house cloths—I took her to the station—I afterwards searched Branton's lodging and found ten glasses, two plates, two dresses, a knife and fork, and twenty-four duplicates (
<hi rend="italic">produced</hi>).</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-57" type="witnessName">
<interp inst="t18720129-name-57" type="gender" value="female"/>
<interp inst="t18720129-name-57" type="surname" value="LAVELL"/>
<interp inst="t18720129-name-57" type="given" value="CLARA"/>CLARA LAVELL</persName> </hi>. My father keeps the Daniel Lambert, Ludgate Hill—Nicholls was seven months in his service as cook—these towels are marked "Lavell"—I also identify this repp and this petticoat.</p>
<p>
<hi rend="smallCaps">MR. MOODY</hi>
<hi rend="italic">stated that he could not resist this evidence.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18720129-196-verdict-1" type="verdictDescription">
<interp inst="t18720129-196-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720129-196-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">Nicholls received a good character.</hi> </p>
<p>
<rs id="t18720129-196-punishment-11" type="punishmentDescription">
<interp inst="t18720129-196-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18720129-196-punishment-11" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-196-18720129 t18720129-196-punishment-11"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-196-18720129 t18720129-196-punishment-11"/>
<hi rend="italic">Twelve Months' Imprison
<lb/>ment each.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18720129-197">
<interp inst="t18720129-197" type="uri" value="sessionsPapers/18720129"/>
<interp inst="t18720129-197" type="date" value="18720129"/>
<join result="criminalCharge" id="t18720129-197-charge-1" targOrder="Y" targets="def1-197-18720129 t18720129-197-offence-1 t18720129-197-verdict-1"/>
<p>197.
<persName id="def1-197-18720129" type="defendantName">
<interp inst="def1-197-18720129" type="gender" value="male"/>
<interp inst="def1-197-18720129" type="age" value="50"/>
<interp inst="def1-197-18720129" type="surname" value="HARLEY"/>
<interp inst="def1-197-18720129" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES HARLEY</hi>, (50)</persName>
<rs id="t18720129-197-offence-1" type="offenceDescription">
<interp inst="t18720129-197-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18720129-197-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously cutting and wounding
<persName id="t18720129-name-59" type="victimName">
<interp inst="t18720129-name-59" type="gender" value="female"/>
<interp inst="t18720129-name-59" type="surname" value="HARLEY"/>
<interp inst="t18720129-name-59" type="given" value="CATHERINE"/>
<join result="offenceVictim" targOrder="Y" targets="t18720129-197-offence-1 t18720129-name-59"/>Catherine Harley</persName>, with intent to do her some grievous bodily harm.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-60" type="witnessName">
<interp inst="t18720129-name-60" type="gender" value="male"/>
<interp inst="t18720129-name-60" type="surname" value="MICHELE"/>
<interp inst="t18720129-name-60" type="given" value="DE"/>MR. DE MICHELE</persName> </hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. LANGFORD</hi>
<hi rend="italic">the Defence.</hi> </p>
<xptr type="pageFacsimile" doc="187201290010"/>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-61" type="witnessName">
<interp inst="t18720129-name-61" type="gender" value="male"/>
<interp inst="t18720129-name-61" type="surname" value="STEWART"/>
<interp inst="t18720129-name-61" type="given" value="EDWARD"/>EDWARD STEWART</persName> </hi> (
<hi rend="italic">Policeman K</hi> 319). On 2nd January, about 1.20 a.m., I was on duty in High Street, Bromley, and heard a cry of "Murder!" and "Police!"—I found the prisoner at 5, High Street, sitting on the floor just inside the door—I asked him what was the matter—he said "I have done it at last, I have cut my wife's throat"—I went into the shop and saw the prisoner's wife sitting in a chair, with a wound on the right side of her face, and her dress saturated with blood down the front—I asked her in the prisoner's presence how it happened—she said "I don't know"—I followed the track of blood into the back room behind the shop, where there was a bed, and found by the side of the bed this knife (
<hi rend="italic">produced</hi>), open and covered with wet blood—I afterwards showed it to the doctor—I went back into the shop with the knife in my hand, and the prisoner said "That is what I did it with, I have murdered my wife, I shall be hung for it"—I asked her in his presence how it happened—she said "I was helping him into bed when he flung his arm round and struck me, I put my hand up and felt blood"—I took the prisoner to the station on a stretcher—he was sober.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I took him on a stretcher because he is paralyzed—he was sitting upright on the floor, with his legs stretched out.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-62" type="witnessName">
<interp inst="t18720129-name-62" type="gender" value="male"/>
<interp inst="t18720129-name-62" type="surname" value="LESLIE"/>
<interp inst="t18720129-name-62" type="given" value="DAVID"/>DAVID LESLIE</persName> </hi>. I am a surgeon, of Kent House, Bow Road—on 2nd January I was called and saw the prosecutrix—she was quite sensible but had lost a considerable quantity of blood from an incised wound on the right temple, extending two inches down to the ear—it was not dangerous at first, but subsequently lock-jaw was threatened—the wound might have been caused by this knife.</p>
<p>
<hi rend="italic">Cross-examined.</hi> The threatened lock-jaw was in consequence of injury to a nerve.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-63" type="witnessName">
<interp inst="t18720129-name-63" type="gender" value="female"/>
<interp inst="t18720129-name-63" type="surname" value="HARLEY"/>
<interp inst="t18720129-name-63" type="given" value="CATHERINE"/>CATHERINE HARLEY</persName> </hi>. I am the prisoner's wife—on 2nd January I was in bed—the prisoner did not come to bed till between 1 and 2 o'clock in the morning—he asked me to assist him into bed—I put my right arm under his left shoulder, and as soon as he put his hand on my shoulder I felt something sharp in the side of my face—I said "What have you done?"—he said "I have done it at last"—I went out into the back-room, and came in again, and said "I feel very bad"—he said "Yes, you are dying"—I said "Yes, I believe I am dying"—he said "Come and sit down by the side of me, and then you will die happy"—I said "No, I shall not do that"—he went to the door and called for assistance loudly, and a policeman came up—we had had no quarrel that evening, but he has a very irritable temper, and I said after 12 o'clock that it was getting very late—he said that he should not come to bed, he wanted to sit up to see the new year in—he has threatened to do for me several times.</p>
<p>
<hi rend="italic">Croat-examined.</hi> This was on the 1st January, or the morning of the 2nd—he said he should like to sit up as he had had no one in to enjoy the new year's day, to see if anybody did come in—this was Monday night—he did not make a mistake about the new year—he is paralyzed—he can write both with pen and pencil—he was not mending his pencil at this time—he only writes with a pencil when the men come to take goods away—he mends his pencil with a knife—he has several knives—I won't say that I never provoke him.</p>
<p>
<hi rend="italic">Re-examined.</hi> He had not been writing that evening.</p>
<p>
<hi rend="smallCaps">
<rs id="t18720129-197-verdict-1" type="verdictDescription">
<interp inst="t18720129-197-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720129-197-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">of unlawfully, but not of maliciously wounding.</hi> </p>
<p>
<hi rend="smallCaps">MR. LANGFORD</hi>
<hi rend="italic">subsequently moved in arrest of judgment, he submitted</hi> </p>
<xptr type="pageFacsimile" doc="187201290011"/>
<p>
<hi rend="italic">that the Jury had no power to find a verdict of unlawfully wounding, upon this form of indictment. By the</hi> 14
<hi rend="italic">and</hi> 15
<hi rend="italic">Vict., c.</hi> 19,
<hi rend="italic">s</hi>. 5,
<hi rend="italic">on a charge of feloniously wounding, the Jury were empowered to find a verdict of unlaw
<lb/>fully wounding, but no such verdict could be found under the</hi> 24
<hi rend="italic">and</hi> 25
<hi rend="italic">Viet. c.</hi> 100,
<hi rend="italic">s</hi>. 18,
<hi rend="italic">upon which this indictment was framed; they could only find a verdict of guilty or net guilty, and had no power to reduce the effect of their verdict by the omission of the word "maliciously."</hi>
<hi rend="smallCaps">MR. DE MICHELE</hi>
<hi rend="italic">contended that the question of malice was one simply for the Court, and the unlawful wounding was the material question to be de
<lb/>cided by the Jury.</hi>
<hi rend="smallCaps">THE COURT</hi>,
<hi rend="italic">after consulting</hi>
<hi rend="smallCaps">MR. AVORY</hi>,
<hi rend="italic">took time to consider the question.</hi> </p>
<p>
<rs id="t18720129-197-punishment-12" type="punishmentDescription">
<interp inst="t18720129-197-punishment-12" type="punishmentCategory" value="noPunish"/>
<interp inst="t18720129-197-punishment-12" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-197-18720129 t18720129-197-punishment-12"/>
<hi rend="italic">Judgment respited.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18720129-198">
<interp inst="t18720129-198" type="uri" value="sessionsPapers/18720129"/>
<interp inst="t18720129-198" type="date" value="18720129"/>
<join result="criminalCharge" id="t18720129-198-charge-1" targOrder="Y" targets="def1-198-18720129 t18720129-198-offence-1 t18720129-198-verdict-1"/>
<p>198.
<persName id="def1-198-18720129" type="defendantName">
<interp inst="def1-198-18720129" type="gender" value="male"/>
<interp inst="def1-198-18720129" type="age" value="47"/>
<interp inst="def1-198-18720129" type="surname" value="BROWN"/>
<interp inst="def1-198-18720129" type="given" value="ALFRED"/>
<hi rend="largeCaps">ALFRED BROWN</hi> (47)</persName>
<rs id="t18720129-198-offence-1" type="offenceDescription">
<interp inst="t18720129-198-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18720129-198-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing a cab and horse, the property of
<persName id="t18720129-name-65" type="victimName">
<interp inst="t18720129-name-65" type="gender" value="male"/>
<interp inst="t18720129-name-65" type="surname" value="CROCKER"/>
<interp inst="t18720129-name-65" type="given" value="JOHN SQUIRE"/>
<join result="offenceVictim" targOrder="Y" targets="t18720129-198-offence-1 t18720129-name-65"/>John Squire Crocker</persName>, and a cape and mat, of
<persName id="t18720129-name-66" type="victimName">
<interp inst="t18720129-name-66" type="gender" value="male"/>
<interp inst="t18720129-name-66" type="surname" value="ANDERSON"/>
<interp inst="t18720129-name-66" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18720129-198-offence-1 t18720129-name-66"/>George Anderson</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MR. ST. AUBYN</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>
<hi rend="italic">the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-67" type="witnessName">
<interp inst="t18720129-name-67" type="gender" value="male"/>
<interp inst="t18720129-name-67" type="surname" value="GUPPY"/>
<interp inst="t18720129-name-67" type="given" value="JOHN GEORGE"/>JOHN GEORGE GUPPY</persName> </hi>. I am a cab-driver, of 7, Southampton Street, Pentonville—on Friday evening, 1st December, about 6 o'clock, I "put on" at Fullwood's Rents, Holborn, about 6 o'clock—I went into a coffee-shop to have some tea, and Anderson, another driver, came in and had some tea—I then had a short fare, and came back again, and heard that the cab had been lost—I had a fare to Islington, at 8.30, and saw Anderson's lost cab going up the Essex Road, driven by the prisoner, who I have known some years—I told a constable.</p>
<p>
<hi rend="italic">Cross-examined.</hi> It was close upon 9 o'clock when I saw the prisoner with the cab—I knew whose cab it was, but did not attempt to stop it—I mentioned it to a policeman four or five minutes afterwards—I mean to say that I could see the number at 9 o'clock at night—the number was behind—it was going slow when I saw the number, but it went at a rapid pace up the Essex Road.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-68" type="witnessName">
<interp inst="t18720129-name-68" type="gender" value="male"/>
<interp inst="t18720129-name-68" type="surname" value="ANDERSON"/>
<interp inst="t18720129-name-68" type="given" value="GEORGE"/>GEORGE ANDERSON</persName> </hi>. I put my cab on the rank, and had tea at the same house as Guppy—I had a cape, a rug, and a mat, which I put inside the cab, and shut the doors—when I came out, at 7 o'clock, the horse and cab were gone—I gave information to my master, and at Bow Street station.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-69" type="witnessName">
<interp inst="t18720129-name-69" type="gender" value="male"/>
<interp inst="t18720129-name-69" type="surname" value="CROCKER"/>
<interp inst="t18720129-name-69" type="given" value="JOHN SQUIRE"/>JOHN SQUIRE CROCKER</persName> </hi>. I am the proprietor of this cab—I received information, and saw it at Bagnigge Wells station, at 12 o'clock that night—the horse and cab were worth 50
<hi rend="italic">l</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-70" type="witnessName">
<interp inst="t18720129-name-70" type="gender" value="male"/>
<interp inst="t18720129-name-70" type="surname" value="CARSON"/>
<interp inst="t18720129-name-70" type="given" value="HUGH"/>HUGH CARSON</persName> </hi> (
<hi rend="italic">Policeman G</hi> 76). I found this cab in Ashby Street, Northampton Square, about 10.30, at night—there were no cushions or mat in it—the horse was standing with a nose-bag on.</p>
<p>
<hi rend="italic">Cross-examined.</hi> A pretty good number of vehicles are going backwards and forwards, near the Angel, at Islington.</p>
<p>
<hi rend="italic">Witness for the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-71" type="witnessName">
<interp inst="t18720129-name-71" type="gender" value="female"/>
<interp inst="t18720129-name-71" type="surname" value="WHITE"/>
<interp inst="t18720129-name-71" type="given" value="MARY ANN"/>MARY ANN WHITE</persName> </hi>. I am the wife of Michael White, of 3, Ormond Place—on 1st December, in the morning, the prisoner borrowed a penny of me—he was then going to the workhouse, for relief for his children—he came again at night, at 7.40, and paid me the penny, and remained in my room an hour and a half, or two hours—it was quite 9.30 when he left—his wife came to the foot of the stairs and called him—this was on a Friday.</p>
<p>
<hi rend="italic">Cross-examined.</hi> He is very badly off—he was perfectly sober—if anybody says he was drunk, it is a mistake—my husband was examined before the Magistrate.</p>
<xptr type="pageFacsimile" doc="187201290012"/>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-72" type="witnessName">
<interp inst="t18720129-name-72" type="gender" value="male"/>
<interp inst="t18720129-name-72" type="surname" value="WHITE"/>
<interp inst="t18720129-name-72" type="given" value="MICHAEL"/>MICHAEL WHITE</persName> </hi>.
<hi rend="italic">This witness was unable to give his evidence, apparently from intoxication.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18720129-198-verdict-1" type="verdictDescription">
<interp inst="t18720129-198-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18720129-198-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, January</hi> 30
<hi rend="italic">th</hi>, 1872.</p>
<p>
<hi rend="italic">Before Mr. Deputy Recorder.</hi> </p>
<div1 type="trialAccount" id="t18720129-199">
<interp inst="t18720129-199" type="uri" value="sessionsPapers/18720129"/>
<interp inst="t18720129-199" type="date" value="18720129"/>
<join result="criminalCharge" id="t18720129-199-charge-1" targOrder="Y" targets="def1-199-18720129 t18720129-199-offence-1 t18720129-199-verdict-1"/>
<p>199.
<persName id="def1-199-18720129" type="defendantName">
<interp inst="def1-199-18720129" type="gender" value="female"/>
<interp inst="def1-199-18720129" type="age" value="22"/>
<interp inst="def1-199-18720129" type="surname" value="WILLIAMS"/>
<interp inst="def1-199-18720129" type="given" value="ELIZA"/>
<hi rend="largeCaps">ELIZA WILLIAMS</hi> (22)</persName>, was indicted
<rs id="t18720129-199-offence-1" type="offenceDescription">
<interp inst="t18720129-199-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18720129-199-offence-1" type="offenceSubcategory" value="robbery"/>for a robbery, with violence, on
<persName id="t18720129-name-74" type="victimName">
<interp inst="t18720129-name-74" type="gender" value="male"/>
<interp inst="t18720129-name-74" type="surname" value="PLUMB"/>
<interp inst="t18720129-name-74" type="given" value="FRANCIS"/>
<join result="offenceVictim" targOrder="Y" targets="t18720129-199-offence-1 t18720129-name-74"/>Francis Plumb</persName>, and stealing a watch and other articles.</rs> </p>
<p>
<hi rend="smallCaps">MR. HARMSWORTH</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-75" type="witnessName">
<interp inst="t18720129-name-75" type="gender" value="male"/>
<interp inst="t18720129-name-75" type="surname" value="PARKER"/>
<interp inst="t18720129-name-75" type="given" value="FREDERICK"/>FREDERICK PARKER</persName> </hi> (
<hi rend="italic">Policeman E</hi> 411). On Sunday morning, 7th January, about 12.30, I was on duty, in company with Mason, in Charles Street, Drury Lane, and heard the sounds of a scuffle in the middle of the road—I saw a man fall to the ground, and six or seven persons on top of him at once—I went towards the spot, and saw five men run away—I saw the prisoner—she was the last one that left him—she was atop of him—just as I got to them she started to go away, and she kicked his hat away, and tried to pick it up—I ran past the man who was on the ground—I saw his watch lying on the ground—I stopped the prisoner till 418 came up—I left her in his charge while I pursued the others, but I lost them in King Street, Drury Lane—when I came back the prisoner said she had nothing to do with the robbery, but she knew the men, and could take us to their lodging—the prosecutor had got up when I came back—the other constable picked up the watch and gave it to me—the prosecutor was intoxicated, but he had been knocked down and kicked, and cut under the eye—as soon as he saw the prisoner he said that is the one I will give in charge for robbing me—after charging the prisoner I went again to the spot, and found this piece of chain.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-76" type="witnessName">
<interp inst="t18720129-name-76" type="gender" value="male"/>
<interp inst="t18720129-name-76" type="surname" value="MASON"/>
<interp inst="t18720129-name-76" type="given" value="HENRY"/>HENRY MASON</persName> </hi> (
<hi rend="italic">Policeman E</hi> 418). I was with Parker, who called my attention to a sudden scuffle—we ran up and saw five men run away, and the prosecutor lying on the ground, and the prisoner was the last to get up from him, and as she was running away from him, she kicked his hat, and attempted to pick it up—I detained her—she said "Let me go, I don't know anything about it, but I can take you to the place where the men live"—when the prosecutor saw her he said "That is the woman that stole my watch"—he appeared the worse for liquor, and very much knocked about—he was bleeding from several parts, both hands and face—at the station she said knew nothing about it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-77" type="witnessName">
<interp inst="t18720129-name-77" type="gender" value="male"/>
<interp inst="t18720129-name-77" type="surname" value="PLUMB"/>
<interp inst="t18720129-name-77" type="given" value="FRANCIS"/>FRANCIS PLUMB</persName> </hi>. I am a barrister's clerk, and live at 72, Colonnade Mews, Russell Square—on Sunday morning, 7th January, I was in the neighbourhood of Drury Lane—I recollect nothing previously to getting there—I was very much the worse for liquor—I was brought to my senses by a very sudden and severe struggle in which I was engaged with several persons—the prisoner is one of those persons—I had not seen her before to my recollection—I was very much ill-used—I was knocked about in all parts of my body, more especially about my face—a gold pin was taken from my scarf, some money, and a watch and chain—I remember the watch being taken—I recollect three of the persons struggling very hard to get my watch and chain—the prisoner was one actively engaged in endeavouring to get my watch and chain from me—the constables came up after I had been knocked down—the prisoner was then on the top of me—the others ran away—the watch and chain produced are mine.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Did not I see you at the top of Queen Street, and you</p>
<xptr type="pageFacsimile" doc="187201290013"/>
<p>asked me to take you home?
<hi rend="italic">A.</hi> I have no recollection of it—the five men did not come and knock both you and I down.</p>
<p>
<hi rend="italic">The Prisoner's Statement before the Magistrate:</hi> "The gentleman and I were coming up Charles Street, a lot of men rushed out from somewhere and knocked me down, as well as him. I screamed 'Police!' I met the prosecutor at the top of Queen Street, he asked me where I was going; I said 'Home;' he asked me to take him home; I said I did not mind; he said he had not got much money. I don't know the men, or I would tell in a moment."</p>
<p>
<hi rend="smallCaps">
<rs id="t18720129-199-verdict-1" type="verdictDescription">
<interp inst="t18720129-199-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720129-199-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18720129-199-punishment-13" type="punishmentDescription">
<interp inst="t18720129-199-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18720129-199-punishment-13" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-199-18720129 t18720129-199-punishment-13"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18720129-200">
<interp inst="t18720129-200" type="uri" value="sessionsPapers/18720129"/>
<interp inst="t18720129-200" type="date" value="18720129"/>
<join result="criminalCharge" id="t18720129-200-charge-1" targOrder="Y" targets="def1-200-18720129 t18720129-200-offence-1 t18720129-200-verdict-1"/>
<p>200.
<persName id="def1-200-18720129" type="defendantName">
<interp inst="def1-200-18720129" type="gender" value="male"/>
<interp inst="def1-200-18720129" type="age" value="18"/>
<interp inst="def1-200-18720129" type="surname" value="RYAN"/>
<interp inst="def1-200-18720129" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN RYAN</hi> (18)</persName>
<rs id="t18720129-200-offence-1" type="offenceDescription">
<interp inst="t18720129-200-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18720129-200-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery, with violence, on
<persName id="t18720129-name-79" type="victimName">
<interp inst="t18720129-name-79" type="gender" value="male"/>
<interp inst="t18720129-name-79" type="surname" value="LEWIS"/>
<interp inst="t18720129-name-79" type="given" value="DANIEL"/>
<join result="offenceVictim" targOrder="Y" targets="t18720129-200-offence-1 t18720129-name-79"/>Daniel Lewis</persName>, and stealing his watch.</rs> </p>
<p>
<hi rend="smallCaps">MR. COOPER</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. HOLLINGS</hi>
<hi rend="italic">the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-80" type="witnessName">
<interp inst="t18720129-name-80" type="gender" value="male"/>
<interp inst="t18720129-name-80" type="surname" value="LEWIS"/>
<interp inst="t18720129-name-80" type="given" value="DANIEL"/>DANIEL LEWIS</persName> </hi>. I am a messenger, of 8, Museum Street—on Sunday night, 7th January, about 5.30, after my tea-time, I was walking along Broad Street, Bloomsbury—I just looked behind me, on my right-hand side, and I saw a young man running as fast as he could by me—he turned sharp round to the left, and tripped me up, and got hold of my watch-chain—he pulled at it, and got it out, and it fell on the kerb-stone—he did nothing to me but pulling at the chain—he tripped me up with his foot, and I fell down on my knee—he ran away—I did not see him again till I saw him at the station—I believe the prisoner to be the person—I saw the side of his face, it was light enough to see.</p>
<p>
<hi rend="italic">Cross-examined.</hi> It was not a very dark night—we were not far from a lamp-post—I had been drinking nothing stronger than tea—this occurred just at the bottom of George Street, on the pavement, near the corner—I said before the Magistrate "I believe the prisoner is the man, but I can't swear it"—I say so now, I only saw the side of his face.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-81" type="witnessName">
<interp inst="t18720129-name-81" type="gender" value="male"/>
<interp inst="t18720129-name-81" type="surname" value="MEW"/>
<interp inst="t18720129-name-81" type="given" value="WILLIAM"/>WILLIAM MEW</persName> </hi>. I am an undertaker, and live at 5, High Street, Blooms
<lb/>bury—about 5.30, on this evening, I was passing along Bloomsbury—I did not see the prosecutor until he fell on my side—I did not see what caused him to fall—I was looking on the ground at the time—I picked him up, and he said "My watch!" at the same time someone suddenly ran round the corner very quickly—I believe the prisoner to be the man, but I should not like to swear to him, it was done so instantaneously, and he ran round the corner so quickly that I had not a first class view of him—I gave a description of the person to the police—I afterwards saw the prisoner in the police-yard, mixed with eight or nine others, and I picked him out and said I believed he was the man.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I believe him to be the man now, by his appearance and dress—it happened close to the corner, within a foot—I looked straight at him—it did not take a quarter of a second—his back was to
<lb/>wards me as he ran away—I caught a little view of his face, not a good one, it was in the twilight, not pitch dark—I described him as about 5 ft. 7 in. in height, about eighteen years of age, and dressed in a light coat and black hat.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-82" type="witnessName">
<interp inst="t18720129-name-82" type="gender" value="male"/>
<interp inst="t18720129-name-82" type="surname" value="HEAD"/>
<interp inst="t18720129-name-82" type="given" value="JOHN"/>JOHN HEAD</persName> </hi> (
<hi rend="italic">Policeman E</hi> 2). On Sunday night, 7th January, about 5.30, I received information and a description of a man from Mr. Mew, in consequence of which, on the evening of the 8th, I went to No. 3, Church Lane—on entering the house, several persons in the lane called out loudly "Johnny, Johnny"—I went up stairs to a room on the first floor, where the prisoner resided—I found the door open—hearing a noise further up</p>
<xptr type="pageFacsimile" doc="187201290014"/>
<p>stairs, I went up to the second landing, and saw the prisoner crawling through the window—I was unable to get hold of him—I then returned to the street, placed a constable outside, and entered the house No. 5—on going up stairs I heard a scramble before me, and the door close—I entered the top room, and there I found the prisoner—I said "I want you for attempting to steal an old gentleman's watch, in Broad Street, last evening—he said "Me, sir, he is mistaken"—I took him to the station, and placed him in the yard with seven or eight others—I then sent for Mr. Mew, and told him he was going to see some men—after looking at them he pointed out the prisoner, and said he believed he was the one—that was after looking at them a second or so—I found on the prisoner this paper, showing that he had enlisted in the Royal Artillery on that day.</p>
<p>
<hi rend="italic">Cross-examined.</hi> Mew said before he saw the prisoner that he should know him by his dress and age—I don't think he mentioned his face.</p>
<p>
<hi rend="smallCaps">
<rs id="t18720129-200-verdict-1" type="verdictDescription">
<interp inst="t18720129-200-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720129-200-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">He also</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to having been before convicted of felony in April</hi> 1871.</p>
<p>
<hi rend="italic">
<rs id="t18720129-200-punishment-14" type="punishmentDescription">
<interp inst="t18720129-200-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18720129-200-punishment-14" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-200-18720129 t18720129-200-punishment-14"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18720129-201">
<interp inst="t18720129-201" type="uri" value="sessionsPapers/18720129"/>
<interp inst="t18720129-201" type="date" value="18720129"/>
<join result="criminalCharge" id="t18720129-201-charge-1" targOrder="Y" targets="def1-201-18720129 t18720129-201-offence-1 t18720129-201-verdict-1"/>
<p>201.
<persName id="def1-201-18720129" type="defendantName">
<interp inst="def1-201-18720129" type="gender" value="female"/>
<interp inst="def1-201-18720129" type="age" value="30"/>
<interp inst="def1-201-18720129" type="surname" value="LONG"/>
<interp inst="def1-201-18720129" type="given" value="HARRIET"/>
<hi rend="largeCaps">HARRIET LONG</hi> (30)</persName>
<rs id="t18720129-201-offence-1" type="offenceDescription">
<interp inst="t18720129-201-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18720129-201-offence-1" type="offenceSubcategory" value="concealingABirth"/>, Unlawfully endeavouring to conceal the birth of her child.</rs> </p>
<p>
<hi rend="smallCaps">MR. R. N. PHILIPPS</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18720129-201-verdict-1" type="verdictDescription">
<interp inst="t18720129-201-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720129-201-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18720129-201-punishment-15" type="punishmentDescription">
<interp inst="t18720129-201-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18720129-201-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-201-18720129 t18720129-201-punishment-15"/>One Month's Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18720129-202">
<interp inst="t18720129-202" type="uri" value="sessionsPapers/18720129"/>
<interp inst="t18720129-202" type="date" value="18720129"/>
<join result="criminalCharge" id="t18720129-202-charge-1" targOrder="Y" targets="def1-202-18720129 t18720129-202-offence-1 t18720129-202-verdict-1"/>
<join result="criminalCharge" id="t18720129-202-charge-2" targOrder="Y" targets="def2-202-18720129 t18720129-202-offence-1 t18720129-202-verdict-2"/>
<join result="criminalCharge" id="t18720129-202-charge-3" targOrder="Y" targets="def3-202-18720129 t18720129-202-offence-1 t18720129-202-verdict-2"/>
<p>202.
<persName id="def1-202-18720129" type="defendantName">
<interp inst="def1-202-18720129" type="gender" value="male"/>
<interp inst="def1-202-18720129" type="age" value="40"/>
<interp inst="def1-202-18720129" type="surname" value="SMITH"/>
<interp inst="def1-202-18720129" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN SMITH</hi> (40)</persName>,
<persName id="def2-202-18720129" type="defendantName">
<interp inst="def2-202-18720129" type="gender" value="male"/>
<interp inst="def2-202-18720129" type="age" value="29"/>
<interp inst="def2-202-18720129" type="surname" value="DULAX"/>
<interp inst="def2-202-18720129" type="given" value="JOSEPH"/>
<hi rend="largeCaps">JOSEPH DULAX</hi> (29)</persName>, and
<persName id="def3-202-18720129" type="defendantName">
<interp inst="def3-202-18720129" type="gender" value="female"/>
<interp inst="def3-202-18720129" type="age" value="37"/>
<interp inst="def3-202-18720129" type="surname" value="COLLIN"/>
<interp inst="def3-202-18720129" type="given" value="JEAN"/>
<hi rend="largeCaps">JEAN COLLIN</hi> (37)</persName>
<rs id="t18720129-202-offence-1" type="offenceDescription">
<interp inst="t18720129-202-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18720129-202-offence-1" type="offenceSubcategory" value="burglary"/>, Burglariously breaking and entering the dwelling-house of
<persName id="t18720129-name-87" type="victimName">
<interp inst="t18720129-name-87" type="gender" value="female"/>
<interp inst="t18720129-name-87" type="surname" value="HARVEY"/>
<interp inst="t18720129-name-87" type="given" value="HANNAH ELGAR"/>
<join result="offenceVictim" targOrder="Y" targets="t18720129-202-offence-1 t18720129-name-87"/>Hannah Elgar Harvey</persName>, and stealing 2 coats, 31 spoons, and other goods. </rs>
<hi rend="largeCaps">SMITH</hi>
<hi rend="smallCaps">
<rs id="t18720129-202-verdict-1" type="verdictDescription">
<interp inst="t18720129-202-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720129-202-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.</p>
<p>
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="italic">The Prisoners being foreigners, the evidence was interpreted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-88" type="witnessName">
<interp inst="t18720129-name-88" type="gender" value="female"/>
<interp inst="t18720129-name-88" type="surname" value="GROOM"/>
<interp inst="t18720129-name-88" type="given" value="AMELIA"/>AMELIA GROOM</persName> </hi>. I am maid to Hannah Elgar Harvey, who lives at 2, Addison Road, Kensington—on 17th November I went to bed about 10 o'clock, leaving the house fastened up all safe—at that time this clock was in the dining-room, and the other one in the drawing-room—I came down in the morning about 5.10, and I then missed the two clocks, a table-cover, a biscuit tin, 12 dessert knives and forks, 11 fish knives, a number of dinner napkins and rings, some table knives and carving knives, 5
<hi rend="italic">s</hi>. in money, four pillow cases, and other things—I was not the last to go to bed, but when I went up all was safe—no one went round the house after me—there was a hole cut in the back door, large enough to admit a man's hand, so that the door could be unfastened—it was fastened by a bolt and a bar—I found the door open, the piece of wood which came from the hole, and a centre-bit—the back door was open—the inner door was the one they cut—I saw the two clocks and some other things about a fortnight afterwards—I identify them, and the dessert knives and forks, and the fish knives and forks, as my mistress's property—I have been in her service twelve years and a half—two of the napkin rings, a pen knife, and part of a table-cover were shown to me, and I identified them.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-89" type="witnessName">
<interp inst="t18720129-name-89" type="gender" value="male"/>
<interp inst="t18720129-name-89" type="surname" value="TOWERS"/>
<interp inst="t18720129-name-89" type="given" value="FREDERICK"/>FREDERICK TOWERS</persName> </hi>. I live at 23, Tottenham Court Road—a clock has been shown to me which was pledged at my master's shop on 18th Novem
<lb/>ber, 1871, in the name of John Felix, to the best of my belief by Collin—he was in the shop three or four minutes—I identified him at George Street police-station, I think two months afterwards—he was shown to me with five others.</p>
<p>
<hi rend="italic">Collin. Q.</hi> Did you first point to Dulax as the person who pawned it?
<hi rend="italic">A.</hi> No.</p>
<xptr type="pageFacsimile" doc="187201290015"/>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-90" type="witnessName">
<interp inst="t18720129-name-90" type="gender" value="male"/>
<interp inst="t18720129-name-90" type="surname" value="HARNETT"/>
<interp inst="t18720129-name-90" type="given" value="PETER"/>PETER HARNETT</persName> </hi> (
<hi rend="italic">Police Inspector E</hi>). On 22nd January, I went to Leicester Place, Leicester Square, and found the prisoner Collin and a man who is not here, and took them into custody—Towers saw Collin, and picked him out from five others, and said he believed he was the man who pledged the clock—the other man was subsequently discharged—I searched Collin's house, and found about 400
<hi rend="italic">l</hi>. worth of goods, consisting of opera glasses, telescopes, spectacles, four gold watches, two gold rings, a dozen shirts, three portmanteaus, and a large box—the box contained the property I have described—I also found a bottle of liquid, used to take out writing—that property was restored to the owners in Brussels—an optician's, in Brussels, was robbed on the 16th, and those were the goods that were stolen—I found the clock, which has been identified, at Mr. Smith's, the pawnbroker's, at Tottenham Court Road—I took Smith into custody on 4th December—I found him in bed—he got up, and I searched the room—I found some knives and forks, which are produced, a table-cover, and a centre-bit—the table-cover and knives and forks were afterwards identified by Groom—I compared the centre-bit with the marks on the door which was broken open, and it appears to me to fit it nicely—the next day, the 5th, I saw Dulax at 4, New North Street, Theobald's Road, in the kitchen, at his supper, with a prostitute—I told him I should take him into custody for being concerned with Smith in breaking into a gentleman's house at Bromley, in Kent—he said "I know nothing about it"—he spoke in English—Sergeant Knight, who was with me, found this brush—Dulax said "Everything in the room is mine"—the brush is identified by a witness as having been stolen from a gentleman's house, in another case—the goods which have been stolen from Harvey's, and have been identified, are worth about 30
<hi rend="italic">l</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-91" type="witnessName">
<interp inst="t18720129-name-91" type="gender" value="female"/>
<interp inst="t18720129-name-91" type="surname" value="COLLIN"/>
<interp inst="t18720129-name-91" type="given" value="ELIZA"/>ELIZA COLLIN</persName> </hi>. I live at 9, Mark's Buildings, Holborn—I know Collin as Daniel Nester—I lived with him about six weeks—on 4th November two clocks were brought to my room—Dulax came in with a parcel, Smith with a carpet bag; Nester brought one clock, and a man named
<hi rend="italic">Charlie</hi> brought another—I am not sure that it was the 4th November, but it was in November—after that they took the clocks out, one at a time, to sell them—they had pawn tickets with them when they came back, and Dulax burnt them—he said he did not want anyone to see them—we were living at 22, Oxford Street then—I have seen all the prisoners go out at night and come hack to my room, and they used to bring parcels occasionally.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-92" type="witnessName">
<interp inst="t18720129-name-92" type="gender" value="female"/>
<interp inst="t18720129-name-92" type="surname" value="NORRIS"/>
<interp inst="t18720129-name-92" type="given" value="PHOEBE"/>PHOEBE NORRIS</persName> </hi>. I am landlady of the house where Smith lived—the three prisoners took my floor—they were all together—it was either the 11th or 12th November—Smith was my lodger, and the others visited him—I have heard them go out at night and come in in the morning—I gave him a latch-key—I did not see any property in the rooms—I did not go in—they were only with me a little more than a fortnight.</p>
<p>
<hi rend="italic">Dulax's Defence.</hi> I am a goldsmith by trade, and it is true that I went to visit Daniel, as I know many French people in that French quarter; Daniel was in the habit of going to the sales to buy jewellery, and he came at times to me and asked me the value of articles, and that is how I came to go to see him; I am not guilty of anything; I really don't know any
<lb/>thing about it.</p>
<p>
<hi rend="largeCaps">DULAX</hi>
<hi rend="italic">and</hi>
<hi rend="largeCaps">COLLIN</hi>
<hi rend="smallCaps">
<rs id="t18720129-202-verdict-2" type="verdictDescription">
<interp inst="t18720129-202-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18720129-202-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<p>
<hi rend="largeCaps">COLLIN</hi>
<hi rend="italic">was further charged with having been before convicted.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-93" type="witnessName">
<interp inst="t18720129-name-93" type="gender" value="male"/>
<interp inst="t18720129-name-93" type="surname" value="JACKSON"/>
<interp inst="t18720129-name-93" type="given" value="THOMAS JAMES"/>THOMAS JAMES JACKSON</persName> </hi>. I am Governor of the County Gaol at Not
<lb/>tingham—I know Collin as Felix Bayett—he was convicted of housebreaking and sentenced to eighteen months in April, 1870—he served his full time.</p>
<xptr type="pageFacsimile" doc="187201290016"/>
<p>
<hi rend="italic">Collin. Q.</hi> Are you sure I am the man?
<hi rend="italic">A.</hi> I am certain of him—I could pick him out of a thousand—he was under my constant observation—I may say that he did not serve the eighteen months in the gaol, he served it in the House of Correction, but I saw him before that and several times afterwards.</p>
<p>
<hi rend="largeCaps">COLLIN</hi>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">
<rs id="t18720129-202-punishment-16" type="punishmentDescription">
<interp inst="t18720129-202-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18720129-202-punishment-16" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-202-18720129 t18720129-202-punishment-16"/>Ten Years' Penal Servitude.</rs> </hi> </p>
<p>
<hi rend="largeCaps">SMITH</hi>
<hi rend="smallCaps">PLEADID GUILTY</hi> </p>
<p>
<hi rend="italic">to having been before convicted</hi>**—
<hi rend="italic">
<rs id="t18720129-202-punishment-17" type="punishmentDescription">
<interp inst="t18720129-202-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18720129-202-punishment-17" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-202-18720129 t18720129-202-punishment-17"/>Ten Years' Penal Servitude.</rs> </hi> </p>
<p>
<hi rend="largeCaps">DULAX</hi>**—
<hi rend="italic">
<rs id="t18720129-202-punishment-18" type="punishmentDescription">
<interp inst="t18720129-202-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18720129-202-punishment-18" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-202-18720129 t18720129-202-punishment-18"/>Ten Years' Penal Servitude.</rs> </hi> </p>
<p>
<hi rend="smallCaps">THE COURT</hi>
<hi rend="italic">ordered Harnett a reward of</hi> 2
<hi rend="italic">l</hi>.,
<hi rend="italic">and Knight a reward of</hi> 1
<hi rend="italic">l</hi>.</p> </div1>
<div1 type="trialAccount" id="t18720129-203">
<interp inst="t18720129-203" type="uri" value="sessionsPapers/18720129"/>
<interp inst="t18720129-203" type="date" value="18720129"/>
<join result="criminalCharge" id="t18720129-203-charge-1" targOrder="Y" targets="def1-203-18720129 t18720129-203-offence-1 t18720129-203-verdict-1"/>
<p>203.
<persName id="def1-203-18720129" type="defendantName">
<interp inst="def1-203-18720129" type="gender" value="male"/>
<interp inst="def1-203-18720129" type="age" value="17"/>
<interp inst="def1-203-18720129" type="surname" value="BRYAN"/>
<interp inst="def1-203-18720129" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN BRYAN</hi> (17)</persName>
<rs id="t18720129-203-offence-1" type="offenceDescription">
<interp inst="t18720129-203-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18720129-203-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing a coat, the property of
<persName id="t18720129-name-95" type="victimName">
<interp inst="t18720129-name-95" type="gender" value="male"/>
<interp inst="t18720129-name-95" type="surname" value="PEARCE"/>
<interp inst="t18720129-name-95" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18720129-203-offence-1 t18720129-name-95"/>William Pearce</persName> and another.</rs> </p>
<p>
<hi rend="smallCaps">MR. DOUGLAS</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. HORACE BROWN</hi>
<hi rend="italic">the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-96" type="witnessName">
<interp inst="t18720129-name-96" type="gender" value="male"/>
<interp inst="t18720129-name-96" type="surname" value="OSBORNE"/>
<interp inst="t18720129-name-96" type="given" value="WILLIAM"/>WILLIAM OSBORNE</persName> </hi> (
<hi rend="italic">City Policeman</hi> 711). On 5th January, about 5.30 in the afternoon, I was crossing Tower Hill—I saw the prisoner run from the doorway of Mr. Pearce's shop, and as he ran he was rolling something up in his arms in front of him—he ran into the middle of the road, and I saw something white attached to it, and this ticket fell in front of him—I pursued him through Queen Street down Rosemary Lane, and then he doubled back—as he was going back he took off his coat—I was tripped up by some one—he threw this coat on the ground—I came up with him in the Minories, where he was stopped—I did not lose sight of him—he was conveyed to the station—I went and searched for the coat, and when I went back the prisoner said "Have you got the coat?"—I said "I have got the one you wore; where is the other one?"—he said "I don't know; you will find it somewhere over the Tower railings."</p>
<p>
<hi rend="italic">Cross-examined.</hi> He threw his arm up and the ticket fell in front of me—I said before the Magistrate that I was tripped up—I went to the railings to find the coat—I looked inside and outside, but I was not able to find anything—I said before the Magistrate that some one kicked me—it was not the prisoner—he was in front of me, and there was a mob of the worst characters following.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-97" type="witnessName">
<interp inst="t18720129-name-97" type="gender" value="male"/>
<interp inst="t18720129-name-97" type="surname" value="LATTER"/>
<interp inst="t18720129-name-97" type="given" value="EDWARD"/>EDWARD LATTER</persName> </hi> (
<hi rend="italic">City Policeman</hi> 728). I was with Osborne—I saw the prisoner running with something in his arms—as he turned the corner of Tower railings this ticket fell down in front of Osborne, and he picked it up—I could not say whether the prisoner threw anything over the railings—it was dark at that corner—I stopped there while Osborne went to the station and got a lamp.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I mean to say to-day that it was very dark, and we could not see whether he threw it over—I said that I saw him throw some
<lb/>thing away, but that was the card—it was light there, because it was close to the shop.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-98" type="witnessName">
<interp inst="t18720129-name-98" type="gender" value="male"/>
<interp inst="t18720129-name-98" type="surname" value="COX"/>
<interp inst="t18720129-name-98" type="given" value="TIMOTHY"/>TIMOTHY COX</persName> </hi>. I live at 284, High Street, Wapping, and am gatekeeper at the Great Northern Railway—I saw the prisoner in Rosemary Lane on 5th January—he threw something away just behind a cart—I was about twenty yards off—it looked like a parcel—I was at the entrance to the station—he pulled off his own coat and threw it on the ground—I picked it up and gave it to the police—it was a light parcel that he threw down—there was a great crowd, and the constables were running after him.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I saw him first in Queen Street, running up from the Tower railings—it was about 5.30 in the evening—it was rather dark—I</p>
<xptr type="pageFacsimile" doc="187201290017"/>
<p>could not see what it was he did throw away—it was something of a light description, wrapped up loosely—I ran to get it, but I could not—they are a very rough lot in that neighbourhood.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-99" type="witnessName">
<interp inst="t18720129-name-99" type="gender" value="male"/>
<interp inst="t18720129-name-99" type="surname" value="JOHNS"/>
<interp inst="t18720129-name-99" type="given" value="JOHN"/>JOHN JOHNS</persName> </hi>. I am assistant to Mr. William Pearce, a tailor, at Tower Hill—I have a ticket here which I can identify—it was on a light grey coat which was over the bar in front of the window—I saw the coat safe five minutes before I missed it, about 5.30 on 5th January—it was worth about 15
<hi rend="italic">s</hi>.—I have not seen it since.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I was in the shop the whole time—I happened to turn my back to get a duster and the coat was gone—I saw the man's back—I was in the shop alone—I went to the door, but I could not leave the shop to run ofter the man, because there are too many who would have taken more—Osborne brought the ticket to me.</p>
<p>
<hi rend="smallCaps">
<rs id="t18720129-203-verdict-1" type="verdictDescription">
<interp inst="t18720129-203-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720129-203-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">He also</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>*
<hi rend="italic">to having been before convicted in July</hi>, 1871.—
<hi rend="italic">
<rs id="t18720129-203-punishment-19" type="punishmentDescription">
<interp inst="t18720129-203-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18720129-203-punishment-19" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-203-18720129 t18720129-203-punishment-19"/>Six Months' Imprisonment.</rs> </hi> </p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, January</hi> 30
<hi rend="italic">th</hi>, 1872.</p>
<p>
<hi rend="italic">Before Robert Malcolm Kerr, Esq.</hi> </p>
<div1 type="trialAccount" id="t18720129-204">
<interp inst="t18720129-204" type="uri" value="sessionsPapers/18720129"/>
<interp inst="t18720129-204" type="date" value="18720129"/>
<join result="criminalCharge" id="t18720129-204-charge-1" targOrder="Y" targets="def1-204-18720129 t18720129-204-offence-1 t18720129-204-verdict-1"/>
<join result="criminalCharge" id="t18720129-204-charge-2" targOrder="Y" targets="def2-204-18720129 t18720129-204-offence-1 t18720129-204-verdict-1"/>
<p>204.
<persName id="def1-204-18720129" type="defendantName">
<interp inst="def1-204-18720129" type="gender" value="male"/>
<interp inst="def1-204-18720129" type="age" value="20"/>
<interp inst="def1-204-18720129" type="surname" value="FISHER"/>
<interp inst="def1-204-18720129" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES FISHER</hi> (20)</persName>, and
<persName id="def2-204-18720129" type="defendantName">
<interp inst="def2-204-18720129" type="gender" value="male"/>
<interp inst="def2-204-18720129" type="age" value="20"/>
<interp inst="def2-204-18720129" type="surname" value="COKER"/>
<interp inst="def2-204-18720129" type="given" value="MARTIN"/>
<hi rend="largeCaps">MARTIN COKER</hi> (20)</persName>,
<rs id="t18720129-204-verdict-1" type="verdictDescription">
<interp inst="t18720129-204-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720129-204-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>
<hi rend="smallCaps">PLEADED GUILTY</hi> </rs>
<rs id="t18720129-204-offence-1" type="offenceDescription">
<interp inst="t18720129-204-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18720129-204-offence-1" type="offenceSubcategory" value="simpleLarceny"/>to stealing a wooden case containing divers goods, the property of
<persName id="t18720129-name-102" type="victimName">
<interp inst="t18720129-name-102" type="gender" value="male"/>
<interp inst="t18720129-name-102" type="surname" value="FOSTER"/>
<interp inst="t18720129-name-102" type="given" value="JOHN PORTER"/>
<join result="offenceVictim" targOrder="Y" targets="t18720129-204-offence-1 t18720129-name-102"/>John Porter Foster</persName> and others</rs>
<hi rend="largeCaps">FISHER</hi>**—
<rs id="t18720129-204-punishment-20" type="punishmentDescription">
<interp inst="t18720129-204-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18720129-204-punishment-20" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-204-18720129 t18720129-204-punishment-20"/>
<hi rend="italic">Two Years' Imprisonment.</hi> </rs> COKER—
<rs id="t18720129-204-punishment-21" type="punishmentDescription">
<interp inst="t18720129-204-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18720129-204-punishment-21" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-204-18720129 t18720129-204-punishment-21"/>
<hi rend="italic">Twelve Months' Imprisonment.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18720129-205">
<interp inst="t18720129-205" type="uri" value="sessionsPapers/18720129"/>
<interp inst="t18720129-205" type="date" value="18720129"/>
<join result="criminalCharge" id="t18720129-205-charge-1" targOrder="Y" targets="def1-205-18720129 t18720129-205-offence-1 t18720129-205-verdict-1"/>
<join result="criminalCharge" id="t18720129-205-charge-2" targOrder="Y" targets="def2-205-18720129 t18720129-205-offence-1 t18720129-205-verdict-1"/>
<p>205.
<persName id="def1-205-18720129" type="defendantName">
<interp inst="def1-205-18720129" type="gender" value="male"/>
<interp inst="def1-205-18720129" type="age" value="10"/>
<interp inst="def1-205-18720129" type="surname" value="HANSON"/>
<interp inst="def1-205-18720129" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN HANSON</hi> (10)</persName>, and
<persName id="def2-205-18720129" type="defendantName">
<interp inst="def2-205-18720129" type="gender" value="male"/>
<interp inst="def2-205-18720129" type="age" value="19"/>
<interp inst="def2-205-18720129" type="surname" value="MASON"/>
<interp inst="def2-205-18720129" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN MASON</hi> (19)</persName>
<rs id="t18720129-205-offence-1" type="offenceDescription">
<interp inst="t18720129-205-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18720129-205-offence-1" type="offenceSubcategory" value="burglary"/>, to burglariously, breaking and entering the dwelling-house of
<persName id="t18720129-name-105" type="victimName">
<interp inst="t18720129-name-105" type="gender" value="male"/>
<interp inst="t18720129-name-105" type="surname" value="FAULKNER"/>
<interp inst="t18720129-name-105" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18720129-205-offence-1 t18720129-name-105"/>George Faulkner</persName>, and stealing therein two shirts and other Articles, his property, Hanson having been before convicted—</rs>
<rs id="t18720129-205-verdict-1" type="verdictDescription">
<interp inst="t18720129-205-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720129-205-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty. See original trial image.]</rs>
<hi rend="largeCaps">HANSON</hi>**—
<rs id="t18720129-205-punishment-22" type="punishmentDescription">
<interp inst="t18720129-205-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18720129-205-punishment-22" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-205-18720129 t18720129-205-punishment-22"/>
<hi rend="italic">Two Years' Imprisonment.</hi> </rs>
<hi rend="largeCaps">MASON</hi>
<rs id="t18720129-205-punishment-23" type="punishmentDescription">
<interp inst="t18720129-205-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18720129-205-punishment-23" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-205-18720129 t18720129-205-punishment-23"/>
<hi rend="italic">Eighteen Months' Imprisonment.</hi> </rs> And</p> </div1>
<div1 type="trialAccount" id="t18720129-206">
<interp inst="t18720129-206" type="uri" value="sessionsPapers/18720129"/>
<interp inst="t18720129-206" type="date" value="18720129"/>
<join result="criminalCharge" id="t18720129-206-charge-1" targOrder="Y" targets="def1-206-18720129 t18720129-206-offence-1 t18720129-206-verdict-1"/>
<p>206.
<persName id="def1-206-18720129" type="defendantName">
<interp inst="def1-206-18720129" type="gender" value="male"/>
<interp inst="def1-206-18720129" type="age" value="40"/>
<interp inst="def1-206-18720129" type="surname" value="COLINET"/>
<interp inst="def1-206-18720129" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY COLINET</hi> (40)</persName>
<rs id="t18720129-206-offence-1" type="offenceDescription">
<interp inst="t18720129-206-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18720129-206-offence-1" type="offenceSubcategory" value="forgery"/> , to feloniously forging and uttering a bill of exchange for the payment
<hi rend="italic">of</hi> 14
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>., with intent to defraud—</rs>
<rs id="t18720129-206-verdict-1" type="verdictDescription">
<interp inst="t18720129-206-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720129-206-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty. See original trial image.]</rs>
<rs id="t18720129-206-punishment-24" type="punishmentDescription">
<interp inst="t18720129-206-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t18720129-206-punishment-24" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-206-18720129 t18720129-206-punishment-24"/>
<hi rend="italic">Two Years' Imprisonment.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18720129-207">
<interp inst="t18720129-207" type="uri" value="sessionsPapers/18720129"/>
<interp inst="t18720129-207" type="date" value="18720129"/>
<join result="criminalCharge" id="t18720129-207-charge-1" targOrder="Y" targets="def1-207-18720129 t18720129-207-offence-1 t18720129-207-verdict-1"/>
<join result="criminalCharge" id="t18720129-207-charge-2" targOrder="Y" targets="def2-207-18720129 t18720129-207-offence-1 t18720129-207-verdict-2"/>
<p>207.
<persName id="def1-207-18720129" type="defendantName">
<interp inst="def1-207-18720129" type="gender" value="male"/>
<interp inst="def1-207-18720129" type="age" value="50"/>
<interp inst="def1-207-18720129" type="surname" value="BROWN"/>
<interp inst="def1-207-18720129" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY BROWN</hi> (50)</persName>, and
<persName id="def2-207-18720129" type="defendantName">
<interp inst="def2-207-18720129" type="gender" value="male"/>
<interp inst="def2-207-18720129" type="age" value="36"/>
<interp inst="def2-207-18720129" type="surname" value="LYNE"/>
<interp inst="def2-207-18720129" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN LYNE</hi> (36)</persName>
<rs id="t18720129-207-offence-1" type="offenceDescription">
<interp inst="t18720129-207-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18720129-207-offence-1" type="offenceSubcategory" value="burglary"/>, Burglariously breaking and entering the dwelling-house of
<persName id="t18720129-name-109" type="victimName">
<interp inst="t18720129-name-109" type="gender" value="male"/>
<interp inst="t18720129-name-109" type="surname" value="WEBB"/>
<interp inst="t18720129-name-109" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18720129-207-offence-1 t18720129-name-109"/>George Webb</persName>, and stealing therein one safe, six turkeys, and other articles, his property.</rs> </p>
<p>
<hi rend="smallCaps">MR. BESLEY</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. HARRIS</hi>
<hi rend="italic">defended Brown.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-110" type="witnessName">
<interp inst="t18720129-name-110" type="gender" value="male"/>
<interp inst="t18720129-name-110" type="surname" value="MONK"/>
<interp inst="t18720129-name-110" type="given" value="THOMAS"/>THOMAS MONK</persName> </hi>. I am employed at Mr. Webb's, and sleep on his premises, 27, Commercial Street, Whitechapel—on the Saturday morning before Christ
<lb/>mas, I went to bed at 3 o'clock—I had looked up the premises at 11 o'clock—the safe was there then, it contained silver and copper, perhaps 40
<hi rend="italic">l</hi>. worth, and I believe some leases and papers of value—at 6.45 next morning I found the place had been entered by forcing a padlock off—I missed the safe and some geese and turkeys—the safe is outside the Court, it weighs 2 cwt.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-111" type="witnessName">
<interp inst="t18720129-name-111" type="gender" value="male"/>
<interp inst="t18720129-name-111" type="surname" value="STEWARD"/>
<interp inst="t18720129-name-111" type="given" value="ALFRED"/>ALFRED STEWARD</persName> </hi>. I am a chimney sweeper, of Commercial Street, Whitechapel, about six yards from Mr. Webb's premises—on this Saturday morning, about 5.30 or 5.45, I saw Brown and Michael Donovan (
<hi rend="italic">see p.</hi> 237) pushing a burrow, and Lyne threw a carpet over it—I did not follow them far—I spoke to a policeman—I have seen the same safe here.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I could not see the policeman's number, it was dark—many people were about, it was market morning—I saw the same policeman yesterday morning in Spitalfield's Market, but did not notice his number—I was not a half yard from the prisoners, it was all in a</p>
<xptr type="pageFacsimile" doc="187201290018"/>
<p>minute—I had never seen them before—I only saw Donovan when he was moving away—I was here last Session when his case went before the Grand jury—I did not come into Court before the Judge—I was waiting to come in—I saw the men again on 27th January.</p>
<p>
<hi rend="italic">Re-examined.</hi> I took notice of the three men and am quite sure of the prisoners—the safe had not been traced when I was here last Session—the men went into Great Pearl Street with the barrow.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-112" type="witnessName">
<interp inst="t18720129-name-112" type="gender" value="male"/>
<interp inst="t18720129-name-112" type="surname" value="WARTALL"/>
<interp inst="t18720129-name-112" type="given" value="THOMAS"/>THOMAS WARTALL</persName> </hi>. I am in partnership with my brother George, at Elisha's Road, Bethnal Green—we sell iron safes—on 3rd January I was in Thomas's beer-shop, in Bethnal Green, he made a communication to me, and next day, January 4th, I was there and saw Lyne come in—he said he had an iron safe to sell, and asked if it was any use to me—I said I would tell him if I saw it, and he took me to Great Pearl Street, where Brown was, and they both showed me the safe, and Brown asked what I would give—I looked at it and said it was no use to me it was so old-fashioned, and the most I would give for it was 15
<hi rend="italic">s</hi>.—Brown said it was very low but I should have it—I went home, and fetched the safe next day to my place—this cash-box was inside it—I saw it at Great Pearl Street—it had been broken open at that time—the lock was broken off—having got it home, I went to Thomas's public-house, and saw the prisoners, we had a drop of ale together which I paid for, and paid Lyne the money, Brown was there at the time—I do not know the man who brought home the safe; I do not know Donovan—I put another lock on the safe because it was old-fashioned and had no key, but had been treated as the cash-box was—it is 27 inches high and weighs 2 cwt.—I gave 5
<hi rend="italic">s</hi>. to Thomas, who re
<lb/>commended me.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I am an iron safe maker—I do not know that Brown said a single word to mo about the safe, but I had conversation with them both.</p>
<p>
<hi rend="italic">Re-examined.</hi> Brown asked what I would give for it, that is quite right.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-113" type="witnessName">
<interp inst="t18720129-name-113" type="gender" value="male"/>
<interp inst="t18720129-name-113" type="surname" value="THOMAS"/>
<interp inst="t18720129-name-113" type="given" value="JOHN"/>JOHN THOMAS</persName> </hi>. I keep a beer-shop, at 28, Peter Street, Hackney—about the beginning of this month, the prisoners and Thomas Wartall came there, and Lyne asked me to buy a safe—he gave me 5
<hi rend="italic">s</hi>. next evening.</p>
<p>
<hi rend="italic">Cross-examined.</hi> About four persons were there—I am quite sure Brown was there.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-114" type="witnessName">
<interp inst="t18720129-name-114" type="gender" value="male"/>
<interp inst="t18720129-name-114" type="surname" value="WARTALL"/>
<interp inst="t18720129-name-114" type="given" value="GEORGE"/>GEORGE WARTALL</persName> </hi>. I am the brother of Thomas Wartall—I was at Elisha's Road, Bethnal Green, last Friday week—a constable and Mr. Webb came there—I had got the safe there, and Mr. Webb saw it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-115" type="witnessName">
<interp inst="t18720129-name-115" type="gender" value="male"/>
<interp inst="t18720129-name-115" type="surname" value="WEBB"/>
<interp inst="t18720129-name-115" type="given" value="GEORGE"/>GEORGE WEBB</persName> </hi>. In the safe before it was stolen, there were deeds and securities of considerable value, and about 40
<hi rend="italic">l</hi>. in silver and copper—I found it in Wartall's possession last Friday week—the cash-box has been broken open; the drawers were taken out of the safe—the lock taken off and another substituted.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I did not know the sweep till he gave me information on Boxing morning, I think, or two or three days afterwards—I gave him 6
<hi rend="italic">d</hi>.—I have not promised him anything.</p>
<p>
<hi rend="italic">Lyne's Defence.</hi> I know nothing about the burglary.</p>
<p>
<hi rend="largeCaps">BROWN</hi>
<hi rend="smallCaps">
<rs id="t18720129-207-verdict-1" type="verdictDescription">
<interp inst="t18720129-207-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720129-207-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">He was further charged with a previous conviction in September</hi>, 1867,
<hi rend="italic">for having housebreaking implements in his possession, to which he</hi> </p>
<p>
<hi rend="smallCaps">PLEADED GUILTY</hi>**—
<hi rend="italic">
<rs id="t18720129-207-punishment-25" type="punishmentDescription">
<interp inst="t18720129-207-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t18720129-207-punishment-25" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-207-18720129 t18720129-207-punishment-25"/>Fifteen Years' Penal Servitude.</rs> </hi> </p>
<p>
<hi rend="largeCaps">LYNE</hi>
<hi rend="smallCaps">
<rs id="t18720129-207-verdict-2" type="verdictDescription">
<interp inst="t18720129-207-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18720129-207-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>**—
<hi rend="italic">
<rs id="t18720129-207-punishment-26" type="punishmentDescription">
<interp inst="t18720129-207-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t18720129-207-punishment-26" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-207-18720129 t18720129-207-punishment-26"/>Seven Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18720129-208">
<interp inst="t18720129-208" type="uri" value="sessionsPapers/18720129"/>
<interp inst="t18720129-208" type="date" value="18720129"/>
<join result="criminalCharge" id="t18720129-208-charge-1" targOrder="Y" targets="def1-208-18720129 t18720129-208-offence-1 t18720129-208-verdict-1"/>
<xptr type="pageFacsimile" doc="187201290019"/>
<p>208.
<persName id="def1-208-18720129" type="defendantName">
<interp inst="def1-208-18720129" type="gender" value="male"/>
<interp inst="def1-208-18720129" type="age" value="20"/>
<interp inst="def1-208-18720129" type="surname" value="BOUVERIE"/>
<interp inst="def1-208-18720129" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES BOUVERIE</hi> (20)</persName>
<rs id="t18720129-208-offence-1" type="offenceDescription">
<interp inst="t18720129-208-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18720129-208-offence-1" type="offenceSubcategory" value="forgery"/>, Feloniously forging and uttering an order for the payment of 1
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>., with intent to defraud.</rs> </p>
<p>
<hi rend="smallCaps">MR. MOODY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="italic">The evidence was interpreted to the Prisoner.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-117" type="witnessName">
<interp inst="t18720129-name-117" type="gender" value="male"/>
<interp inst="t18720129-name-117" type="surname" value="HOPKINS"/>
<interp inst="t18720129-name-117" type="given" value="THOMAS WILLIAM"/>THOMAS WILLIAM HOPKINS</persName> </hi>. I am a clerk in the Money Order Office of the General Post Office—this order for Belgium, dated 23rd December, was issued at the London office—we have an account for Belgium, and we make them out to order, and dispatch them—I had an advice the same day—it is payable to Willow.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-118" type="witnessName">
<interp inst="t18720129-name-118" type="gender" value="male"/>
<interp inst="t18720129-name-118" type="surname" value="WILLOW"/>
<interp inst="t18720129-name-118" type="given" value="JOSEPH"/>JOSEPH WILLOW</persName> </hi>. I am a launderer, of 37, Church Street—the prisoner was stopping at my house—on the eve of Christmas-day my coat was lying on a table, with this post letter (
<hi rend="italic">produced</hi>) in the pocket—I missed it from my pocket—the prisoner left my house that night, without telling me he was going—he returned eight days afterwards—he is a countryman of mine, who had no work, and I boarded and lodged him, and treated him like a brother—we were all
<hi rend="italic">lance</hi> on Christmas-eve—he worked very well all the time he was in the house.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-119" type="witnessName">
<interp inst="t18720129-name-119" type="gender" value="male"/>
<interp inst="t18720129-name-119" type="surname" value="ATKINSON"/>
<interp inst="t18720129-name-119" type="given" value="WILLIAM"/>WILLIAM ATKINSON</persName> </hi>. I live at 7, Princes Street, Leicester Square—on Christmas-night the prisoner came to me, and asked me if I would do him a favour by cashing this order—the name of the payee was not on it then, but he wrote the name of Willow on it, and I gave him 1
<hi rend="italic">l</hi>.—I took it to the post-office next day, and found that it was stopped—I kept it a week, and then somebody brought me 1
<hi rend="italic">l</hi>., and I returned it to Mr. Willow.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Was it at your instigation that I signed it?
<hi rend="italic">A.</hi> Yes, I said that I should require a signature—it was, I believe, through your instrumentality that the money was returned to me—I think you had had something to drink, but you were not drunk.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I have never been convicted before, and I did this while under the influence of drink. I did everything in my power to have the money refunded.</p>
<p>
<rs id="t18720129-208-verdict-1" type="verdictDescription">
<interp inst="t18720129-208-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720129-208-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>.
<hi rend="italic">Recommended to mercy by the Jury; but</hi>
<hi rend="smallCaps">MR. MOODY</hi>
<hi rend="italic">stated that</hi> 35
<hi rend="italic">s</hi>.
<hi rend="italic">were taken from the prosecutor's pocket at the same time</hi> </rs>
<hi rend="italic">
<rs id="t18720129-208-punishment-27" type="punishmentDescription">
<interp inst="t18720129-208-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t18720129-208-punishment-27" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-208-18720129 t18720129-208-punishment-27"/>Twelve Months' Im
<lb/>prisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18720129-209">
<interp inst="t18720129-209" type="uri" value="sessionsPapers/18720129"/>
<interp inst="t18720129-209" type="date" value="18720129"/>
<join result="criminalCharge" id="t18720129-209-charge-1" targOrder="Y" targets="def1-209-18720129 t18720129-209-offence-1 t18720129-209-verdict-1"/>
<p>209.
<persName id="def1-209-18720129" type="defendantName">
<interp inst="def1-209-18720129" type="gender" value="male"/>
<interp inst="def1-209-18720129" type="age" value="22"/>
<interp inst="def1-209-18720129" type="surname" value="ABRAHAMS"/>
<interp inst="def1-209-18720129" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM ABRAHAMS</hi> (22)</persName>
<rs id="t18720129-209-offence-1" type="offenceDescription">
<interp inst="t18720129-209-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18720129-209-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, Stealing part of a sewing machine and 20 pieces of metal, of
<persName id="t18720129-name-121" type="victimName">
<interp inst="t18720129-name-121" type="gender" value="male"/>
<interp inst="t18720129-name-121" type="surname" value="SINGER"/>
<interp inst="t18720129-name-121" type="given" value="ISAAC MERRITT"/>
<join result="offenceVictim" targOrder="Y" targets="t18720129-209-offence-1 t18720129-name-121"/>Isaac Merritt Singer</persName> and others, his masters.</rs> </p>
<p>
<hi rend="smallCaps">MR. POLAND</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. BESLEY</hi>
<hi rend="italic">the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-122" type="witnessName">
<interp inst="t18720129-name-122" type="gender" value="male"/>
<interp inst="t18720129-name-122" type="surname" value="WEAVER"/>
<interp inst="t18720129-name-122" type="given" value="WILLIAM"/>WILLIAM WEAVER</persName> </hi> (
<hi rend="italic">City Detective</hi> 649). On 9th January I was with Olley in St. Martin's-le-Grand—Burgess spoke to me, and I followed the prisoner down Aldersgate Street into Goswell Road and Sutton Street, where we stopped him, and told him we were police officers, and should like to know what he had in his pocket—he said "I shan't tell you"—I said "We shall detain you, and take you back"—he said "It is part of a sewing machine"—I said "Where did you bring it from?"—he said "Where I work"—I said "Where is that?"—he said "Singer's, in Cheapside"—I said "Let me see it"—he said "No, I had rather go back to the place where I brought it from"—we turned for that purpose, and I said "I do not like to put you to unnecessary inconvenience, but if you like to show us, perhaps we may be satisfied"—he pulled out this, and said "Here they are"—I said "Had you authority to bring them away?"—he said "No, I can't say I had"—I said "What are you going to do with them?"—he said "To take them to use as a pattern to make others from"—I said "I am not satisfied;</p>
<xptr type="pageFacsimile" doc="187201290020"/>
<p>I shall have to take you back"—he said "Very well"—we started with him between us—he wrenched away from us, and ran away—he fell down, and Olley apprehended him, and took him to the station, where I charged him with unlawful possession of the articles—when the charge was read over, he said "Well, I stole it; there is no pretence for saying that I did not"—I said nothing to induce him to say that.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I do not know whether he has an impediment in his speech—I did not say a word before the Lord Mayor about this alleged confession, but I told Mr. Saxby, the attorney for the prosecution, that he said that he stole it—the case was gone into very slightly on the first occasion, only sufficient for a, remand, they did not even wish the name of the firm mentioned in Court—I cannot mention any other fact which I did not mention on the 20th—there is nothing additional in my statement to-day, except this confession—on my oath he did not say "You will conclude that I stole it, but I took it away to take a pattern from it"—I simply told the attorney that he had confessed.</p>
<p>
<hi rend="italic">Re examined.</hi> I was the only witness examined before the Lord Mayor—I gave my evidence, and there was a remand—I was examined on the second occasion by a professional gentleman.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-123" type="witnessName">
<interp inst="t18720129-name-123" type="gender" value="male"/>
<interp inst="t18720129-name-123" type="surname" value="WICKHAM"/>
<interp inst="t18720129-name-123" type="given" value="HENRY"/>HENRY WICKHAM</persName> </hi> (
<hi rend="italic">Police Sergeant</hi>). On 15th January, I was on duty at the station when the prisoner was brought in—the charge was entered, and when I read it over to him and asked him what he had to answer to it, he said "I stole it."</p>
<p>
<hi rend="italic">Cross-examined.</hi> I knew that the charge was unlawful possession—I did not alter it into a charge of stealing.</p>
<p>
<hi rend="italic">Re-examined.</hi> I have no doubt that he used the words "I stole it."</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-124" type="witnessName">
<interp inst="t18720129-name-124" type="gender" value="male"/>
<interp inst="t18720129-name-124" type="surname" value="WILCOCK"/>
<interp inst="t18720129-name-124" type="given" value="JOHN STEPHEN CHESHIRE"/>JOHN STEPHEN CHESHIRE WILCOCK</persName> </hi>. I manage the business of the Singer Company, 147, Cheapside—Isaac Merritt Singer is one of the partners—they have also premises at Glasgow and New York—the prisoner has been in the service since November, at a guinea a week—it was his duty to do work on the premises, but none off—I directed Burgess to watch the pre
<lb/>mises, and on the 20th January I heard that the prisoner was in custody—this (
<hi rend="italic">produced</hi>) is one of our sewing machines, it is worth 6
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. when complete—those two pieces consist of a number of parts screwed together—he had no authority to take them off the premises.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I have never been in America—I was engaged by Mr. Woodruff, who came to this country eight years ago—I saw Mr. Singer about two months ago—he is in London now—I derive the knowledge that he is one of the company from the company's papers—I employed the prisoner—he did work on the premises—I did not approve of his doing work off the premises—it was not allowed.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-125" type="witnessName">
<interp inst="t18720129-name-125" type="gender" value="male"/>
<interp inst="t18720129-name-125" type="surname" value="WHITEHEAD"/>
<interp inst="t18720129-name-125" type="given" value="THOMAS"/>THOMAS WHITEHEAD</persName> </hi>. I am foreman to the Singer Sewing Machine Company—the prisoner was a mechanic, working on the premises—if he wanted any portion of a machine he would apply by order to the shop—I went to his bench after he was taken, and found in a box under it a portion of a sewing machine covered over with emery cloth—I produce the corre
<lb/>sponding part of the machine, making it complete—it is a new machine.</p>
<p>
<hi rend="italic">Cross-examined.</hi> He was employed to put the machines right before they went out to the customers, and for repairing—new machines are not taken to pieces before they are sent out, they are adjusted—they are partially taken to pieces to be adjusted—that was the proper place for the box in which the emery cloth is always kept, but it was not a proper place for the</p>
<xptr type="pageFacsimile" doc="187201290021"/>
<p>work; that ought to have been on his bench—I never lent him a screw driver to take home with him—I did not know that he was making patterns.</p>
<p>
<hi rend="italic">Re-examined.</hi> The emery cloth was over the machine—I had to take out a portion of the emery cloth before I found it.</p>
<p>
<hi rend="smallCaps">MR. BESLEY</hi>
<hi rend="italic">called</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-126" type="witnessName">
<interp inst="t18720129-name-126" type="gender" value="male"/>
<interp inst="t18720129-name-126" type="surname" value="DAVIS"/>
<interp inst="t18720129-name-126" type="given" value="HENRY"/>HENRY DAVIS</persName> </hi>. I am a sewing machine maker, of 36, Haggerston Road—I have known the prisoner five years, his character for honesty has been good.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I do not deal in sewing machines exactly, I repair them and sell old machines—I have bought portions of sewing machines from the prisoner's mother—I never bought a complete machine of him, and I have only once bought portions—his mother is here, he lives with her—the portions I bought of her were old stock left by a person named Broadbent, as she told me—I heard at the Mansion House last week that the prisoner was once in custody at twelve years of age, and discharged—I cannot tell what the charge was—I know he was twelve years of age when he was living at home.</p>
<p>
<hi rend="italic">Re-examined.</hi> The first I heard of it was last Saturday, when the Lord Mayor said to the detective "Is there anything known of the prisoner?" and the detective said "Yes, he has been in custody and discharged"—I did not hear twelve years of age mentioned, but it is very difficult to hear at the Mansion House—I bought the pieces on the Thursday before, and I offered to give them all back—I showed them to the detective—they have nothing to do with the Singer manufactory, neither now or old.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-127" type="witnessName">
<interp inst="t18720129-name-127" type="gender" value="male"/>
<interp inst="t18720129-name-127" type="surname" value="CLARK"/>
<interp inst="t18720129-name-127" type="given" value="RICHARD"/>RICHARD CLARK</persName> </hi>. I am a sewing machine maker and machinist, of 98, Central Street—I have known the prisoner six years, from the time he came into my employ, four years ago, when he was 13—he bears a good charac
<lb/>ter, and I have trusted him with property—I never heard till this minute of his having been in custody before.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I have given him jobs since he left my employment, but I have not seen him for six or seven months, and did not know that he was in Singer and Co.'s employ—he left me a little over three years ago—I used not to sell portions of sewing machines for him—he left me to work for his father.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-128" type="witnessName">
<interp inst="t18720129-name-128" type="gender" value="male"/>
<interp inst="t18720129-name-128" type="surname" value="ABRAHAMS"/>
<interp inst="t18720129-name-128" type="given" value="JOHN"/>JOHN ABRAHAMS</persName> </hi>. The prisoner is my brother—his age is about 17—I never knew anything wrong of him—it is six years since he was in custody—he was discharged—I was in the country at the time.</p>
<p>
<hi rend="smallCaps">
<rs id="t18720129-209-verdict-1" type="verdictDescription">
<interp inst="t18720129-209-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720129-209-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18720129-209-punishment-28" type="punishmentDescription">
<interp inst="t18720129-209-punishment-28" type="punishmentCategory" value="imprison"/>
<interp inst="t18720129-209-punishment-28" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-209-18720129 t18720129-209-punishment-28"/>Eighteen Months' Imprisonment.</rs> </hi> </p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, January</hi> 31
<hi rend="italic">st</hi>, 1872.</p>
<p>
<hi rend="italic">Before Mr. Baron Channell.</hi> </p>
<div1 type="trialAccount" id="t18720129-210">
<interp inst="t18720129-210" type="uri" value="sessionsPapers/18720129"/>
<interp inst="t18720129-210" type="date" value="18720129"/>
<join result="criminalCharge" id="t18720129-210-charge-1" targOrder="Y" targets="def1-210-18720129 t18720129-210-offence-1 t18720129-210-verdict-1"/>
<p>210.
<persName id="def1-210-18720129" type="defendantName">
<interp inst="def1-210-18720129" type="gender" value="male"/>
<interp inst="def1-210-18720129" type="age" value="37"/>
<interp inst="def1-210-18720129" type="surname" value="SALTZMAN"/>
<interp inst="def1-210-18720129" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY SALTZMAN</hi> (37)</persName>, was indicted
<rs id="t18720129-210-offence-1" type="offenceDescription">
<interp inst="t18720129-210-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18720129-210-offence-1" type="offenceSubcategory" value="murder"/>for the wilful murder of
<persName id="t18720129-name-130" type="victimName">
<interp inst="t18720129-name-130" type="gender" value="male"/>
<interp inst="t18720129-name-130" type="surname" value="DICKENS"/>
<interp inst="t18720129-name-130" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18720129-210-offence-1 t18720129-name-130"/>John Dickens</persName>.</rs>
<hi rend="italic">Upon the evidence of</hi>
<hi rend="smallCaps">
<persName id="t18720129-name-131">
<interp inst="t18720129-name-131" type="gender" value="male"/>
<interp inst="t18720129-name-131" type="surname" value="GIBSON"/>
<interp inst="t18720129-name-131" type="given" value="JOHN ROWLAND"/>MR. JOHN ROWLAND GIBSON</persName> </hi>,
<hi rend="italic">surgeon of Newgate,</hi>
<rs id="t18720129-210-verdict-1" type="verdictDescription">
<interp inst="t18720129-210-verdict-1" type="verdictCategory" value="miscVerdict"/>
<interp inst="t18720129-210-verdict-1" type="verdictSubcategory" value="unfitToPlead"/>the Jury found the prisoner to be of unsound mind, and unable to plead.</rs>
<rs id="t18720129-210-punishment-29" type="punishmentDescription">
<interp inst="t18720129-210-punishment-29" type="punishmentCategory" value="imprison"/>
<interp inst="t18720129-210-punishment-29" type="punishmentSubcategory" value="insanity"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-210-18720129 t18720129-210-punishment-29"/>
<hi rend="italic">He was ordered to be detained until Her Majesty's pleasure be known.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18720129-211">
<interp inst="t18720129-211" type="uri" value="sessionsPapers/18720129"/>
<interp inst="t18720129-211" type="date" value="18720129"/>
<join result="criminalCharge" id="t18720129-211-charge-1" targOrder="Y" targets="def1-211-18720129 t18720129-211-offence-1 t18720129-211-verdict-1"/>
<p>211.
<persName id="def1-211-18720129" type="defendantName">
<interp inst="def1-211-18720129" type="gender" value="male"/>
<interp inst="def1-211-18720129" type="age" value="44"/>
<interp inst="def1-211-18720129" type="surname" value="CURREY"/>
<interp inst="def1-211-18720129" type="given" value="JOSEPH"/>
<hi rend="largeCaps">JOSEPH CURREY</hi> (44)</persName>
<rs id="t18720129-211-offence-1" type="offenceDescription">
<interp inst="t18720129-211-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18720129-211-offence-1" type="offenceSubcategory" value="manslaughter"/>, was charged, on the Coroner's Inquisi
<lb/>tion only, with the manslaughter of
<persName id="t18720129-name-133" type="victimName">
<interp inst="t18720129-name-133" type="gender" value="female"/>
<interp inst="t18720129-name-133" type="surname" value="CURREY"/>
<interp inst="t18720129-name-133" type="given" value="ALICE"/>
<join result="offenceVictim" targOrder="Y" targets="t18720129-211-offence-1 t18720129-name-133"/>Alice Currey</persName>.</rs> </p>
<p>
<hi rend="italic">The Grand Jury having in this case ignored the bill</hi>,
<hi rend="smallCaps">MR. BOTTOMLEY</hi>
<hi rend="italic">for the Prosecution, offered no evidence upon the Inquisition.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18720129-211-verdict-1" type="verdictDescription">
<interp inst="t18720129-211-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18720129-211-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18720129-212">
<interp inst="t18720129-212" type="uri" value="sessionsPapers/18720129"/>
<interp inst="t18720129-212" type="date" value="18720129"/>
<join result="criminalCharge" id="t18720129-212-charge-1" targOrder="Y" targets="def1-212-18720129 t18720129-212-offence-1 t18720129-212-verdict-1"/>
<xptr type="pageFacsimile" doc="187201290022"/>
<p>212.
<persName id="def1-212-18720129" type="defendantName">
<interp inst="def1-212-18720129" type="gender" value="male"/>
<interp inst="def1-212-18720129" type="age" value="40"/>
<interp inst="def1-212-18720129" type="surname" value="KNOCKLEY"/>
<interp inst="def1-212-18720129" type="given" value="PATRICK"/>
<hi rend="largeCaps">PATRICK KNOCKLEY</hi> (40)</persName>, was indicted
<rs id="t18720129-212-offence-1" type="offenceDescription">
<interp inst="t18720129-212-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18720129-212-offence-1" type="offenceSubcategory" value="manslaughter"/>for the manslaughter of
<persName id="t18720129-name-135" type="victimName">
<interp inst="t18720129-name-135" type="gender" value="female"/>
<interp inst="t18720129-name-135" type="surname" value="MISKIN"/>
<interp inst="t18720129-name-135" type="given" value="HARRIET"/>
<join result="offenceVictim" targOrder="Y" targets="t18720129-212-offence-1 t18720129-name-135"/>Harriet Miskin</persName>. He was also charged on the Coroner's Inquisition with the like offence.</rs> </p>
<p>
<hi rend="smallCaps">MR. LATIMER</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-136" type="witnessName">
<interp inst="t18720129-name-136" type="gender" value="female"/>
<interp inst="t18720129-name-136" type="surname" value="MANNERS"/>
<interp inst="t18720129-name-136" type="given" value="EMMA"/>EMMA MANNERS</persName> </hi>. I am the wife of Charles Manners, and live at 195, St. Leonard's Road—the prisoner and deceased lodged there as man and wife—on 27th December, about 8 in the morning, I saw the prisoner after he had spoken to my little girl—he said "Go up stairs to Harriet"—I asked what for—he said "Harriet is bad"—I went up with him, and found the deceased lying in the middle of the bed, partly dressed and unconscious—her mouth was cut, and her eyes black and shut—I saw a cut, on the right eye, I think, and blood was flowing from it—I lifted up her chin, and called her "Harriet! Harriet!" but she made me no answer—she only moved her hand and her mouth—the prisoner said should ho go and fetch three-pennyworth of brandy—I said "Yes," and he went and fetched it—she took it—I fed her with it with a spoon; she swallowed it, but it had no effect upon her—she never spoke at all—I said to the prisoner "Who-ever done this?"—he said he did not know—he then left, and said he was going to his employer at the Isle of Dogs—between 11 and 12 o'clock I sent for a doctor—I stayed with the deceased until the prisoner returned, between 1 and 2 in the afternoon—she seemed just in the same condition, quite unconscious—she moved her hands and mouth, but never spoke—I was not with her when she died—I had seen her last before this on Boxing night (Tuesday), between 8 and 9—I saw her and the prisoner both at the Elder Tree public-house, Poplar—she went out and went home, and the prisoner stopped with me and my husband, and we went to the St. Leonard's Arms—we did not go home till about 11 o'clock, but the prisoner left us about 10, and went home with a pot of half-and-half in a can—that was the last I saw of him that night—when I went into his room the next morning I saw the can on the table—it was the publican's can—Mrs. Hogan took it up when the potman called for it, and I saw blood on it, as if it had been taken hold of with a hand stained with blood—that was about 9 or 10 o'clock—the prisoner had left before that—Mrs. Hogan wiped off the blood—it was about the middle of the can—I let lodgings at this time—besides the prisoner and deceased Mr. and Mrs. Hogan were lodging with me, and two or three men lodgers—the prisoner has lodged with me three or four years—the deceased had been with him about nine mouths, and they occu
<lb/>pied that one room—she used to call him
<hi rend="italic">Jack</hi>—all the lodgers have keys of the outer door—the prisoner's room was the back room, first floor—I slept in the front parlour, not the room under the prisoner—my little girl slept in that room, and a little boy two years old—the two men lodgers slept up stairs in the first floor front, with my sons—I went to bed that night about 11.30—I believe the prisoner and deceased were in their room then—my little girl let them in—they lived and slept in the one room—the two men lodgers were not at home that night, nor my son, they had gone to the play, and did not come home till late—their room and the prisoner's adjoin—only a wainscot separates them—I am certain the two men did come home and sleep there that, night; they came down and had their breakfast the next morning, and I saw that their bed had been slept in—when I lifted up the deceased then I saw a ring round her neck, I mean a crease, a mark like something round her neck—I can't say how that had been caused, it looked as if she had been pulled up by</p>
<xptr type="pageFacsimile" doc="187201290023"/>
<p>something, it was a rod mark—I could not form any opinion as to how it had been caused.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-137" type="witnessName">
<interp inst="t18720129-name-137" type="gender" value="female"/>
<interp inst="t18720129-name-137" type="surname" value="HOGAN"/>
<interp inst="t18720129-name-137" type="given" value="ANN"/>ANN HOGAN</persName> </hi>. I am the wife of Edmund Hogan, and lodge with the last witness—the prisoner and deceased occupied a room on the same floor as ours—there are three rooms on a floor—on Tuesday night, 26th Decem
<lb/>ber, boxing-night, I heard the prisoner come home, about 10 o'clock, or it might be a few minutes after—the deceased was not with him—I had not hoard her come up—the prisoner came up stairs, and went into his own room—I heard him open the door, go in and shut it; I did not hear it locked—about four or five minutes afterwards I heard him open the door again, and come out on the landing to fetch a pail, which they kept there—I heard him move it, and I heard the deceased say "Oh, Jack, don't!"—I had heard no noise or anything before that—he went back into the room, and shut the door again—a few minutes afterwards I heard a great noise in the room, as if someone was dancing and jumping about, and it shook my room—I did not hoar anyone speak—my husband came in soon after 10 o'clock, and he began to sing; he had been out, being boxing day, and I remarked to him "
<hi rend="italic">Ned</hi>, you are singing, and Harriet and Jack are dancing"—I thought they were dancing—it was quiet then for about ten minutes, and my husband and I went to bed, and when I was going to lie down I heard the noise again, as if someone was dancing, and it shook my floor, and as if someone fell up against the partition that parted their room and mine—I suppose that was about 10.30 or 10.40—I heard no
<lb/>thing more that night—next morning Mrs. Manners called me into the prisoner's room, and I saw the deceased lying in the middle of the bed, with the clothes covered up over her—she had on her stays, an apron, petticoat and shift—the stays were laced up—her mouth was split right open down to the chin—her eyes were both black and closed, and there was a great cut on the eyebrow—I believe it was over the right eye—I spoke to her two or three times, but got no answer—there was a red mark all round her neck, as if something bad been tied tight round the neck—there was a black and blue mark round her neck—it could not have been caused by any part of her clothing, or the bed clothes—her face was very much bruised all over—I saw two great places of blood on the floor, and splashes of blood on the table—there was no cloth on the table—I saw two or three splashes of blood on the fire-place—there were no fire-irons—the blood on the floor was dry—it looked as if it had been wiped over with something—I know that they had a pail, which they used to keep on the landing, and I saw that pail in the room in the morning—I had not noticed the pail on the lauding the previous evening—it was a wooden pail, with an iron handle, and I believe three iron hoops round it—on the table I saw a public-house can—it was half full, or perhaps more, of beer—it would hold a quart, not more, I think—it looked like beer—I did not taste it—when the potman came for the can I flung the beer away, and saw a great mark, as if somebody had laid hold of it with a bloody hand—there were three or four finger-marks—the can was not painted or japanned, it was a clean tin can—I saw a broken chair in the room, with spots of blood on it, that was under the bedstead, pushed up against the wall—the back was broken right off, and the bottom was all broken up; it had no covering to it; it was a cane-bottomed chair—the deceased and I wore on friendly terms—we had been out together on the boxing-morning, and had two pints of ale—I was very often in her room—I was in there about 3.30 on boxing-day</p>
<xptr type="pageFacsimile" doc="187201290024"/>
<p>—I did not notice the broken chair then—it might have been there—they had three chairs, including that—I did not see the prisoner in the room on the morning of the 25th—I saw him about 8 o'clock, as he was coming back, with three-pennyworth of brandy, that was before I went into the room—as I was going out on an errand I noticed his appearance—I noticed blood on his right hand, round his nails, and under his nails—I looked at his hand, and he put it in his right hand trouser's pocket—he was in the habit of wearing Blucher boots, similar to these (
<hi rend="italic">produced</hi>)—I saw the prisoner again about 1.30 in the day, when he came back from the Isle of Dogs, and I said to him "Oh, Jack, how did this happen?"—he said "I don't know, Mrs. Hogan, I was
<hi rend="italic">tight</hi> last night, I was very drunk"—we used to call him Jack—there were two men lodging in the house, but they were not home when this happened—I can hear when they come in—I did not hear them at all that night—I saw them come down stairs next morning—I saw that their bed had been slept in.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Did not you say on the Sunday previous to Christmas-day that you would suffer six months to get me in prison, and I had to push you out of the room?
<hi rend="italic">A.</hi> No—one day when she had had something to drink, she took 7
<hi rend="italic">d</hi>. out of my room, but she said she would pay me, and we were good friends after that—she used to take a drop sometimes on a Satur
<lb/>day, when she went out with the prisoner—I could not call her a sober woman—she was quite sober the last time I saw her alive on boxing-day—the prisoner was very kind to her when he was sober—he used to be very sober all the week—on Saturday night he would sometimes take a pint or two, but he was not a drunken man.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-138" type="witnessName">
<interp inst="t18720129-name-138" type="gender" value="male"/>
<interp inst="t18720129-name-138" type="surname" value="MADIGAN"/>
<interp inst="t18720129-name-138" type="given" value="PATRICK"/>PATRICK MADIGAN</persName> </hi> (
<hi rend="italic">Police Inspector</hi>). I arrested the prisoner at 195, St. Leonard's Street—I told him what it was for—he said "I will go with you," nothing further—at that time the room door was locked by the Coroner's officer—about 8 o'clock on Thursday the 28th, I went to the room with the divisional surgeon, Mr. Brownfield, and there found the body of the deceased—she had three heavy cuts on her face, one on the right eye, blood was then oozing out of it, one on the right side of the head above the eye, and one on the right side of the face near the chin—she also had a large black mark, a bruise, on the right arm—the room was very much upset—the little furniture that was in it was in a disordered state—there were two broken plates or dishes near the bed, with marks of blood on them, which appeared fresh at that time—I produce some plates that I found underneath the bed—I have not got the broken ones here—I pointed them out to Mrs. Hogan—un
<lb/>derneath the bed I found part of a broken chair—it did not appear to have been broken recently—I examined that carefully—there was a large spot of blood near the fire-place, about a yard from the bed—there were spots of blood on the leaf of the table, as if the blood had spurted from the ground upwards—the leaf was down—the blood on the floor appeared as if it had been wiped over with some cloth—I did not find anything that had been used for that purpose, no towel or cloth—there was no wash-hand basin in the room—I then went to the station and charged the prisoner with causing the death of the deceased—I examined his clothes—I found blood stains on the left leg of his trowsers, they appeared fresh then, and as if they had been wiped—these are the trowsers, they are corduroy—I pointed them out to the prisoner, and said "What is this?"—he said "it is beer"—there are also marks of blood where it is</p>
<xptr type="pageFacsimile" doc="187201290025"/>
<p>turned up—those marks appeared to be fresh, they were not quite dry—this was on the Thursday evening—they were not dry as they are now, and the stains are not so visible—the prisoner's boots were taken off, and the left one was pointed out to me by a constable—there was a mark of blood upon it—it appeared to be covered with mud round the sole, but there was no mud where the mark was, the blood was above the mud—the marks were redder then than they are now—I had no doubt as to what the marks were—I showed them to Dr. Brown field that same night, about 10.30—he is not here—I also showed them to Dr. Kennedy, who is here—I have had some experience in wounds and blows—they appeared to me to have been produced by kicks—I thought so at the time.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-139" type="witnessName">
<interp inst="t18720129-name-139" type="gender" value="male"/>
<interp inst="t18720129-name-139" type="surname" value="NORMAN"/>
<interp inst="t18720129-name-139" type="given" value="THOMAS"/>THOMAS NORMAN</persName> </hi> (
<hi rend="italic">Detective Officer K</hi>). I went to the house immediately after Madigan—I found him there—I saw the deceased, and noticed the appearance he has deposed to—I examined the room, and saw the marks he has spoken of—I discovered nothing more at the house—I examined the prisoner's boots at the station, and on the left boot (
<hi rend="italic">produced</hi>) I saw a spot of blood near the toe, on the upper leather—it looked much fresher then than it does now—I examined his shirt, and saw spots of blood on each wristband, and blood on the lower part of the sleeve and the top part of the right sleeve—I pointed them out to the prisoner, and said "Here are spots of blood here, and blood on your boot"—he said "I can't account for it"—I showed the marks first to Dr. Brownfield and afterwards to Dr. Kennedy.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-140" type="witnessName">
<interp inst="t18720129-name-140" type="gender" value="female"/>
<interp inst="t18720129-name-140" type="surname" value="MANNERS"/>
<interp inst="t18720129-name-140" type="given" value="EMMA"/>EMMA MANNERS</persName> </hi>. I am the daughter of Mrs. Manners, and live with her—on the morning of 27th December, about 8 o'clock, I was down stairs in the kitchen, having my breakfast, and saw the prisoner come down from up stairs with a pail of water—he was dirty—he had on the same things that he has now—he had no jacket on, only his trousers, waistcoat, and shirt—he threw the water down the sink—they used to keep the pail up stairs, and used it to wash in—they kept a can full of water in the room, behind the door—he did not take any water up stairs with him—I saw the prisoner and deceased come home on the previous night—the deceased came in at 9.30—my little sister let her in—the prisoner came home at 10—I let him in—he brought a can of beer with him, and he went up stairs to his own room—about four or five minutes afterwards I heard a noise as if they were dancing about—the place was shaking—I thought at the time that they were dancing—they were then quiet for a few minutes, and then they began again, and I heard the deceased say "Oh, Jack, don't!"—I heard nothing else that night—next morning, after the prisoner had emptied the pail and gone up, he came down again—he was then washed and was cleaner—he said "Emma, go and tell your mother I want to speak to her"—I went and told her, and she went up.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Are you sure that the pail he had that morning was the pail that was kept on the landing?
<hi rend="italic">A.</hi> Yes—he did not wash himself at the sink—I never knew him empty the pail down the sink before—the deceased used to empty it of a morning—I never saw him use the pail at any other time.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-141" type="witnessName">
<interp inst="t18720129-name-141" type="gender" value="male"/>
<interp inst="t18720129-name-141" type="surname" value="KENNEDY"/>
<interp inst="t18720129-name-141" type="given" value="RICHARD"/>RICHARD KENNEDY</persName> </hi>. I am a surgeon, of 53, St. Leonard's Road—I was called in to attend the deceased on 27th December, about 1 o'clock—she was lying in bed, quite insensible, partially dressed—she had several slight wounds on the forehead and face, and about the eyes—the eyes were closed,</p>
<xptr type="pageFacsimile" doc="187201290026"/>
<p>black, and swollen—the under lip was split open—there was a contusion on the chin, on the right shoulder, elbow, and hip, a wound over the right eye, and also on the right cheek under the eye, another on the left temple—there were marks round the neck as if something had been tight round it—I saw her again about 4 in the afternoon—she was still insensible—she Bunk during the day, and died about 10 o'clock that night—I made a
<hi rend="italic">post-mortem</hi> examination—on lifting the scalp I found a good deal of extravasated blood on the left side of the head, immediately under the scalp—on opening the head I found the vessels of the brain congested, swollen, and a small clot on the brain—death was caused by the injury to the head and brain—I do not attribute anything to the mark round the neck—that might have been caused by the string of her bonnet—the injuries I saw might have been caused by a heavy fall, or severe blows or kicks—they were not con
<lb/>sistent with accident, or with having been self inflicted—some of the wounds might have been caused by a violent kick with such a boot as this, or by a fall on a fender—there was an old fender in the room that was bent, but I saw no marks of blood upon it—I saw nothing in the room which could have caused the injuries—there was very little furniture in the room—I looked at the marks about the room, and on the prisoner's clothes, and in my opinion they were blood—I could not say positively that it was human blood—I did not use a microscope—at the time I first saw the deceased I should say the injuries had been inflicted about ten or twelve hours.</p>
<p>
<hi rend="italic">Prisoners Defence.</hi> I have got nothing much to say; I was drinking all clay, since 10 o'clock, and did not know anything about the affair; I was drunk; it was boxing-day; it appears that she came to the public-house where I was in the evening part; I don't recollect anything about her coming there or going away; I have a witness to prove what time she went away.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-142" type="witnessName">
<interp inst="t18720129-name-142" type="gender" value="male"/>
<interp inst="t18720129-name-142" type="surname" value="TANNER"/>
<interp inst="t18720129-name-142" type="given" value="ALFRED"/>ALFRED TANNER</persName> </hi>. I have known the prisoner the last four years—he left me at the Elder Tree public-house on boxing-night about 9.20—the de
<lb/>ceased came in there about 7.30, deeply intoxicated—she went to the bar—she had four penny pieces in her hand—she called for a pot of half-and-half, and put it down in front of the bar—previous to having it she went with tremendous force against the edge of the counter on her right side—I don't know where she went to when she left, or where the prisoner went—he was very much intoxicated when he left—he took nothing with him when he left.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I was not quite so sober that night as I am now—I am a pointer, and live at 5, Goodliffe Street, Poplar New Town, about 150 yards from the Elder Tree—of course we had a little recreation on Christmas day, and we went there again on boxing-day by way of a replenisher.</p>
<p>
<hi rend="smallCaps">
<rs id="t18720129-212-verdict-1" type="verdictDescription">
<interp inst="t18720129-212-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720129-212-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18720129-212-punishment-30" type="punishmentDescription">
<interp inst="t18720129-212-punishment-30" type="punishmentCategory" value="imprison"/>
<interp inst="t18720129-212-punishment-30" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-212-18720129 t18720129-212-punishment-30"/>Seven Years, Penal Servitude.</rs> </hi> </p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday, January</hi> 31
<hi rend="italic">st</hi>, 1872.</p>
<p>
<hi rend="italic">Before Mr. Deputy Recorder.</hi> </p>
<div1 type="trialAccount" id="t18720129-213">
<interp inst="t18720129-213" type="uri" value="sessionsPapers/18720129"/>
<interp inst="t18720129-213" type="date" value="18720129"/>
<join result="criminalCharge" id="t18720129-213-charge-1" targOrder="Y" targets="def1-213-18720129 t18720129-213-offence-1 t18720129-213-verdict-2"/>
<join result="criminalCharge" id="t18720129-213-charge-2" targOrder="Y" targets="def2-213-18720129 t18720129-213-offence-1 t18720129-213-verdict-3"/>
<join result="criminalCharge" id="t18720129-213-charge-3" targOrder="Y" targets="def3-213-18720129 t18720129-213-offence-1 t18720129-213-verdict-3"/>
<join result="criminalCharge" id="t18720129-213-charge-4" targOrder="Y" targets="def4-213-18720129 t18720129-213-offence-1 t18720129-213-verdict-1"/>
<join result="criminalCharge" id="t18720129-213-charge-5" targOrder="Y" targets="def5-213-18720129 t18720129-213-offence-1 t18720129-213-verdict-3"/>
<join result="criminalCharge" id="t18720129-213-charge-6" targOrder="Y" targets="def6-213-18720129 t18720129-213-offence-1 t18720129-213-verdict-3"/>
<p>213.
<persName id="def1-213-18720129" type="defendantName">
<interp inst="def1-213-18720129" type="gender" value="male"/>
<interp inst="def1-213-18720129" type="age" value="35"/>
<interp inst="def1-213-18720129" type="surname" value="BURTON"/>
<interp inst="def1-213-18720129" type="given" value="BENJAMIN"/>
<hi rend="largeCaps">BENJAMIN BURTON</hi> (35)</persName>,
<persName id="def2-213-18720129" type="defendantName">
<interp inst="def2-213-18720129" type="gender" value="male"/>
<interp inst="def2-213-18720129" type="age" value="40"/>
<interp inst="def2-213-18720129" type="surname" value="EDWARDS"/>
<interp inst="def2-213-18720129" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN EDWARDS</hi> (40)</persName>,
<persName id="def3-213-18720129" type="defendantName">
<interp inst="def3-213-18720129" type="gender" value="male"/>
<interp inst="def3-213-18720129" type="age" value="36"/>
<interp inst="def3-213-18720129" type="surname" value="BAKER"/>
<interp inst="def3-213-18720129" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN BAKER</hi> (36)</persName>,
<persName id="def4-213-18720129" type="defendantName">
<interp inst="def4-213-18720129" type="gender" value="male"/>
<interp inst="def4-213-18720129" type="age" value="53"/>
<interp inst="def4-213-18720129" type="surname" value="SHARPE"/>
<interp inst="def4-213-18720129" type="given" value="DANIEL"/>
<hi rend="largeCaps">DANIEL SHARPE</hi> (53)</persName>,
<persName id="def5-213-18720129" type="defendantName">
<interp inst="def5-213-18720129" type="gender" value="male"/>
<interp inst="def5-213-18720129" type="age" value="55"/>
<interp inst="def5-213-18720129" type="surname" value="NEWCOMB"/>
<interp inst="def5-213-18720129" type="given" value="ROBERT"/>
<hi rend="largeCaps">ROBERT NEWCOMB</hi> (55)</persName>, and
<persName id="def6-213-18720129" type="defendantName">
<interp inst="def6-213-18720129" type="gender" value="male"/>
<interp inst="def6-213-18720129" type="age" value="58"/>
<interp inst="def6-213-18720129" type="surname" value="DUNSTER"/>
<interp inst="def6-213-18720129" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN DUNSTER</hi> (58)</persName>, were indicted
<rs id="t18720129-213-offence-1" type="offenceDescription">
<interp inst="t18720129-213-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18720129-213-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>(with
<hi rend="italic">
<persName id="t18720129-name-149">
<interp inst="t18720129-name-149" type="gender" value="male"/>
<interp inst="t18720129-name-149" type="surname" value="BARBER"/>
<interp inst="t18720129-name-149" type="given" value="JOHN"/>John Barber</persName> </hi>, not in custody,) for stealing, on
<rs id="t18720129-cd-1" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18720129-213-offence-1 t18720129-cd-1"/>7th October</rs>, three bales of cotton; on
<rs id="t18720129-cd-2" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18720129-213-offence-1 t18720129-cd-2"/>22nd November</rs>, five bales; and on
<rs id="t18720129-cd-3" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18720129-213-offence-1 t18720129-cd-3"/>4th December</rs>, four bales; of
<persName id="t18720129-name-150" type="victimName">
<interp inst="t18720129-name-150" type="gender" value="male"/>
<interp inst="t18720129-name-150" type="surname" value="MIDDLETON"/>
<interp inst="t18720129-name-150" type="given" value="HENRY STOREY"/>
<join result="offenceVictim" targOrder="Y" targets="t18720129-213-offence-1 t18720129-name-150"/>Henry Storey Middleton</persName> and others, the masters of Baker and Sharpe.
<hi rend="italic">Other Counts</hi>—for receiving.</rs> </p>
<xptr type="pageFacsimile" doc="187201290027"/>
<p>
<hi rend="smallCaps">MESSRS. METCALFE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">LEWIS</hi>
<hi rend="italic">conducted the Prosecution;</hi>
<hi rend="smallCaps">MR. LILLEY</hi>
<hi rend="italic">appeared for Burton</hi>,
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">for Edwards</hi>,
<hi rend="smallCaps">MR. SEBJEANT PARRY</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR</hi>.
<hi rend="smallCaps">STRAIGHT</hi>
<hi rend="italic">for Newcomb, and</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. WILLIS</hi>
<hi rend="italic">for Dunster.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-151" type="witnessName">
<interp inst="t18720129-name-151" type="gender" value="male"/>
<interp inst="t18720129-name-151" type="surname" value="BARKER"/>
<interp inst="t18720129-name-151" type="given" value="HENRY"/>HENRY BARKER</persName> </hi>. I live at Jubilee Street, Stepney, and am inspector of telegraph stations—I produce several original messages from Wapping telegraph station from Burton to Barnes.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-152" type="witnessName">
<interp inst="t18720129-name-152" type="gender" value="male"/>
<interp inst="t18720129-name-152" type="surname" value="BASEY"/>
<interp inst="t18720129-name-152" type="given" value="GEORGE"/>GEORGE BASEY</persName> </hi>. I am telegraph clerk, at Wapping—I know Burton—I saw him write these instructions for telegrams—I sent them off in the course of my duty.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. LILLEY</hi>. I have only seen him write these telegrams—he never brought them ready written, he always wrote them at the counter—the last time was 4th December, the first was some time in July.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-153" type="witnessName">
<interp inst="t18720129-name-153" type="gender" value="male"/>
<interp inst="t18720129-name-153" type="surname" value="BARNES"/>
<interp inst="t18720129-name-153" type="given" value="GEORGE"/>GEORGE BARNES</persName> </hi>. I am a cow-keeper, of the Old Kent Road—I know Burton—some time in September, I think it was, he asked me if I could do a little job, I asked him what it was; he said "To remove some cotton pickings or waste from over the water"—I said "I cannot do it unless my pony and cart can do it"—he said "The cart is not large enough"—I took him to William Syers, a greengrocer—I received a number of telegrams, on the receipt of which I went to Syers at the times mentioned—I paid Syers money twice on account of Burton, it was not given to me by Burton it was left at my house (
<hi rend="italic">Telegrams from Burton to Barnesread: "September</hi> 21.
<hi rend="italic">Victoria Dairy, Pomeroy Street, Old Kent Road. Please arrange for</hi> 8.20
<hi rend="italic">to-morrow. I will call on you and settle to-morrow night". "September</hi> 22.
<hi rend="italic">Please arrange for Syers to be here to-morrow at the usual time. I will see you if possible to-night." "September</hi>.29.
<hi rend="italic">Please arrange with Syers for</hi> 8.30
<hi rend="italic">Saturday morning." "October</hi> 3.
<hi rend="italic">Arrange for Syers to-morrow morning at</hi> 8.30." "
<hi rend="italic">October</hi> 6.
<hi rend="italic">Tell Syers he must be here at</hi> 12.15
<hi rend="italic">to</hi> 12.30
<hi rend="italic">to-day, without fail." "October</hi> 6.
<hi rend="italic">Tell Syers to be here at</hi> 8.30
<hi rend="italic">to-morrow, or leave it alone altogether." "October</hi> 13.
<hi rend="italic">Arrange for Syers at</hi> 8.30
<hi rend="italic">Saturday morning, without fail." "October</hi> 5.
<hi rend="italic">Arrange for Syers to be here to-morrow at</hi> 8.30,
<hi rend="italic">without fail" "October</hi> 17.
<hi rend="italic">Let the same people be in attendance to-morrow at</hi> 1.30." "
<hi rend="italic">October</hi> 23.
<hi rend="italic">Tell S. to be here at</hi> 1.30
<hi rend="italic">with own van. I will see you this evening." "November</hi> 1.
<hi rend="italic">Tell S. to be over at</hi> 1.30
<hi rend="italic">with van, without fail. I will see you to-night.," "November</hi> 14.
<hi rend="italic">Arrange for S. to be here himself at</hi> 1.30,
<hi rend="italic">without fail." "November</hi> 22.
<hi rend="italic">Tell S. to be here at</hi> 1.30,
<hi rend="italic">without fail. I will see you this evening" "December</hi> 2.
<hi rend="italic">Send S. over at</hi> 1.30,
<hi rend="italic">without fail. Tell him to go for the address I left you" "December</hi> 4.
<hi rend="italic">Tell S. to-day at</hi> 1.30,
<hi rend="italic">without fail"</hi>). Burton said nothing to me as to where Syers was to go—one telegram says "Tell him to go to the address I left you"—I do not recollect where that was—the second telegram says "here," I do not know where "here" was—(
<hi rend="italic">the telegram did not give Burton's address.</hi>)</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. LILLEY</hi>. I have known Burton between five and six years—he has resided within a mile of Hatcham the whole of that time.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-154" type="witnessName">
<interp inst="t18720129-name-154" type="gender" value="male"/>
<interp inst="t18720129-name-154" type="surname" value="SYERS"/>
<interp inst="t18720129-name-154" type="given" value="WILLIAM"/>WILLIAM SYERS</persName> </hi>. I am a greengrocer of the Old Kent Road—I know Barnes—he introduced me to Burton some time ago, who told me he wanted some carting done at Wapping, and to go to the Yarmouth Arms at 8.30 in the morning, which is about 100 yards from Middleton's warehouse—I was to see some of his men there—when I went next morning, I waited a few minutes and then saw Edwards, who said "Have you come after some goods?"—I said "Yes"—he said "Come along with me"—he took me up to</p>
<xptr type="pageFacsimile" doc="187201290028"/>
<p>Middleton's Wharf, and told me to pack my van—this is five or six months ago—I saw Gough and Edwards—they lifted three bales into my van out of Mr. Middleton's warehouse—I cannot fix the date.</p>
<p>
<hi rend="italic">Baker.</hi> I am the man.
<hi rend="italic">Witness.</hi> Yes, it was Baker and Edwards—Baker told me to go to 8 1/2, Hermitage Wharf—I did so and left the bales there, and Burton gave me a note—I did not go into the counting-house to deliver any papers—I went again three weeks or a month afterwards—Edwards then came to me at the Yarmouth Arms—Barnes told me to go there—Edwards took me to Middleton's Wharf, were I saw the same two, and I believe there was mother—I received three bales, which I took to the same place—I went again about two months afterwards—I went four times altogether—the last time I went to the Yarmouth Arms, Sharpe who was waiting near, came to me—I have seen Sharpe, Baker and Edwards at the warehouse—I cannot recollect dates, but about a month before the charge was made, and about a fortnight before the men were taken, I was also at the warehouse, and on one occasion I sent my brother there, that was most likely in December—he is here—I did not go to Newcomb's place at all, but always to Hermitage Street—William Lewis went with me once—that was the last occasion.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. LILLEY</hi>. Burton only gave me a paper once—I cannot read or write—I always had a paper given me by somebody else—either by Button or Edwards—Sharpe did not give it me once—I delivered the paper when I got there.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>. It was a note—Burton was not there when Edwards gave me the note—Burton was alone on the first occasion.</p>
<p>
<hi rend="italic">Re-examined.</hi> It was folded up like a note—it was in an envelope, and on the back was the address where I had to take it to—I could not read that, and was obliged to ask—I never went into the counting-house at Middleton's—my name as greengrocer is on the side and front of the van which I took—Burton sometimes paid me, and sometimes Barnes.</p>
<p>
<hi rend="italic">Baker. Q.</hi> Did you see anybody besides me and Sharpe?"
<hi rend="italic">A.</hi> Yes, I have seen others.</p>
<p>
<hi rend="italic">Sharpe.</hi> I gave a help only once.
<hi rend="italic">Witness.</hi> I think you helped twice.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-155" type="witnessName">
<interp inst="t18720129-name-155" type="gender" value="male"/>
<interp inst="t18720129-name-155" type="surname" value="SYERS"/>
<interp inst="t18720129-name-155" type="given" value="CHARLES"/>CHAKLES SYERS</persName> </hi>. I live at Stockwell Street, Old Kent Road, and am in my brother's employment—he sent me to Wapping with my van, five or six months ago—I got there about 8.30 a.m., and saw Edwards, who asked me if I had come from the Kent Road—I said "Yes"—he told me to come down to the wharf, and load—I went to Cinnamon Street Wharf; that is Messrs. Middleton's, I believe—I got three bales of wool or cotton—Baker and two men not here put them into my van—I do not think either of the others were present—I did not go into the counting-house before taking away the goods, but Edwards gave me a note to go to French Horn Yard, Crutched Friars—I did not sign for the goods—I took them to the French Horn Yard, and saw Dunster there, on the first floor—I told him I had got three bales of wool for him—he said "All right, they will unload you"—I gave him the note—I do not know whether they were wool or cotton—they were unloaded and taken into the warehouse—the next time I went to Cinnamon Street was about two months afterwards, I should think—I saw Sharp, and received three bales, which I took to 8 1/2, Hermitage Street—I went into a little side place, where I saw a lad and a boy—I did not sign; I gave it to the lad—I think that was on the 4th December—it the last time of all—William Lewis was not with me on that occasion</p>
<xptr type="pageFacsimile" doc="187201290029"/>
<p>—I went first to the Yarmouth Arms—I saw Sharpe there, who told me to go on and load—Baker and two men, who are not here, loaded the van with four bales, similar to these produced—I did not notice any marks on them—I took them to Newcomb & Dunster's, French Horn Yard—Baker gave me the note—I saw Mr. Dunster, and told him I had got four bales for him—he.said "All right; you must stop till the women come back from dinner"—I waited about half an hour, and then the women came back, and unloaded me—Newcomb and Dunster were both in the counting-house—I gave Dunster the note, and he turned round to Newcomb, and asked if he had got any halfpence, and Newcomb gave me 2
<hi rend="italic">d</hi>.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>. On each of those occasions I received a ticket or note—Edwards gave me the first—Burton is not the man who gave me the ticket—Baker gave it me on the third occasion—I cannot read.</p>
<p>
<hi rend="italic">Baker. Q.</hi> Did I seem in a hurry?
<hi rend="italic">A.</hi> No, I had no notion that you had stolen the bales at the time you helped to put them in my van.</p>
<p>
<hi rend="italic">Sharpe.</hi> You were coming down and I was coming up; I said "Are you coming here?" and you nodded your head.
<hi rend="italic">Witness.</hi> Yes, and you told me to go down and load.</p>
<p>
<hi rend="italic">Sharpe.</hi> I did not.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>. The warehouse in Crutched Friars opens on the yard—I delivered the bales in at one of the doorways, and it was pulled up by a rope—that door looked on to the yard—anyone passing could see what was going on—I took three bales on one occasion and four on another—I was to go at 8.30 a.m. the first time, but I did not get there till 10, because I made a mistake and went to Blackfriars instead of Crutched Friars—I waited five or ten minutes for the cart to be unloaded.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-156" type="witnessName">
<interp inst="t18720129-name-156" type="gender" value="male"/>
<interp inst="t18720129-name-156" type="surname" value="BROWN"/>
<interp inst="t18720129-name-156" type="given" value="WILLIAM"/>WILLIAM BROWN</persName> </hi>. I am a carman, of the Old Kent Road—on 7th October, William Syers gave me instructions, and I went with my van to the Yarmouth Arms public-house—I saw Burton there, who told me to go to their warehouse in Cinnamon Street—I turned my van round and waited a few minutes for them to load—I saw Baker and several others who I cannot swear to—I loaded three bales of wool or cotton, and Burton gave me a piece of paper to take to 8 1/2, Hermitage Street—he came to the wharf while I was loading it—I did not go to the counting-house, I took the bales to Hermitage Street, and left them there—on 17th October I went to the wharf again, at 8.30 and saw Burton and Baker, they told me to turn round and wait a minute or two—I turned round and waited two or three minutes, and Baker and several others came and helped me to put five, six, or seven bales into the van. (
<hi rend="smallCaps">MR. LILLEY</hi>
<hi rend="italic">objected to this evidence and it was not proceeded with</hi>).</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>. On 7th October, I was not in the counting-house, I was at the wharf—there are no gates—I gave the delivery note, it had on it, "Please receive three bales"—I do not know whether it was signed "Burton."</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-157" type="witnessName">
<interp inst="t18720129-name-157" type="gender" value="male"/>
<interp inst="t18720129-name-157" type="surname" value="LEWIS"/>
<interp inst="t18720129-name-157" type="given" value="WILLIAM"/>WILLIAM LEWIS</persName> </hi>. On 22nd November I think, I met William Syers in the Old Kent Road, and drove with him to Cinnamon Street—I saw five bales of cotton, similar to this, put into his van—I did not see who loaded them—we then drove to 8 1/2, Hermitage Street—the name over the door was Walmsley and Co., cotton dealers—it is at a blacksmith's shop, the bales were not taken through the blacksmith's shop, but through the entrance—if there is a warehouse there, it is a very small one—I did not see it—I saw Charles Syers go to Middleton's wharf, on 4th December—I saw four bales loaded into his van, just before 2 o'clock—I followed and saw them de
<lb/>livered</p>
<xptr type="pageFacsimile" doc="187201290030"/>
<p>at Newcomb and Dunster's, French Horn Yard—Sharpe and Syers assisted in loading—I saw Newcomb on the steps at French Horn Yard—he looked over into the van, apparently counting the bales.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. LILLEY</hi>. I remained in the van, at Hermitage Street—on 22nd November I pushed the bales out on to the ground—Syers carried them in, and a blacksmith assisted—I can read—I went there because Syers asked me to go for a ride with him—I had no work at that time—I had been at work as a whitesmith—I did not have a conversation with Webb, the detective, respecting this trial, before I went for the ride—I was with Syers, outside his shop, and he asked me to go for a ride with him, which I did, and have done on other occasions, but not to Wapping.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>. I only saw Sharpe at Cinnamon Street.</p>
<p>
<hi rend="italic">Sharpe.</hi> It is false; you did not see me; it was Baker you saw.
<hi rend="italic">Witness.</hi> I saw you.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-158" type="witnessName">
<interp inst="t18720129-name-158" type="gender" value="male"/>
<interp inst="t18720129-name-158" type="surname" value="DILLMORE"/>
<interp inst="t18720129-name-158" type="given" value="CHARLES"/>CHARLES DILLMORE</persName> </hi>. I live at 1, Great Hermitage Street, and am in Mr. Bates' employ—on 4th December I received five bales from Walmsley, and took them to Newcomb and Dunster's, French Horn Yard, where I saw Mr. Dunster, who went up stairs and told the women to stop, and take the bales in—I hid given him a note in a closed envelope—he opened it and read it, and after that the bales were taken into the third floor—I afterwards saw Newcomb, and asked him for a receipt—he gave me one, upon the lower part of a bill-head, and tore the top off—I gave it to my master—this is it: "Received from Walmsley & Co., five bags of cotton, Newcomb & Dunster."—Newcomb wrote that.</p>
<p>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">WILLIAM SYERS</hi>.
<hi rend="italic">Q.</hi> You know Hermitage Street?
<hi rend="italic">A.</hi> Yes—No. 8 1/2, where Walmsley & Co. are, is a warehouse, on the left side as you go in, and there is a blacksmith's shop behind—there are steps to go up, inside—I unloaded my cart there—the bales were received by persons on the premises, except once, when the place was looked, and I could not unload till some time after.</p>
<p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> On that occasion, did you go up to the Yarmouth Arms, and were you sent back again?
<hi rend="italic">A.</hi> Yes, and Sharpe told me I was to load.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-159" type="witnessName">
<interp inst="t18720129-name-159" type="gender" value="male"/>
<interp inst="t18720129-name-159" type="surname" value="MIDDLETON"/>
<interp inst="t18720129-name-159" type="given" value="EDWARD STOREY"/>EDWARD STOREY MIDDLETON</persName> </hi>. I live at Belsize Park Gardens, Hamp
<lb/>stead, and am a wharfinger, in partnership with two others, at 8, Bride's Wharf, part of the wharf is in Cinnamon Street—Burton was head-foreman of our establishment, and Edwards was the cotton foreman—Baker was an occasional foreman, and he was frequently employed to make deliveries—Sharpe was an occasional labourer, employed at Burton's discretion—a car
<lb/>man who applies for goods presents the order at the counting-house, and the clerk appointed for the purpose enters the order in a book—Mr. Chap
<lb/>man, or any clerk, would enter it into an order-book, to register it and give it a number, the order would then go from him to the clerk keeping the stock-book, ho would refer to the stock-book to see that the order was pro
<lb/>perly signed by the person authorised to take the goods, and if he found the order to be correct, he would sign it, stating the time it was presented, and giving full particulars for the identification of the goods, in order that the foreman in the warehouse would know where to find them, or they would go to the chief foreman, Burton—after the delivery took place, the foremen, Burton or Ellis, or a foreman appointed by either of them, would endorse on the back of the order the full particulars of the bales so de
<lb/>livered,</p>
<xptr type="pageFacsimile" doc="187201290031"/>
<p>giving the marks, numbers, weights, and all particulars—he would then hand the delivery-order into the counting-house, where a clerk would make out the receiving note to Messrs. So-and-So, "Please receive, &c."—the name of the ship and the port that she came from, giving the full particulars of the marks and the numbers which had been endorsed on the delivery-order, and the number of bales and the weight, on the counterfoil of which he would take the carman's receipt for those goods, and the carman would take the receiving-note and show it to the con
<lb/>stable before the van left the premises—Burton, Edwards, and Baker, were aware of the course of business, but I will not say as to Sharpe—no unmarked goods, to my knowledge, are on our premises—the delivery-order would contain the same particulars—bales of cotton consigned to our pre
<lb/>mises, as a rule, are marked "S. & C. C," in a diamond—they have not the name of the ship, but there are letters on the heads and sides of the bales—one bale here has had the end cut out, and another piece sewn in its place—on this second bale the marks have also been cut out, and these pieces of gunny have been sewn in the places, this was originally marked the same as the others—the mark on the side has been cut out as well, and parts of old gunny bag have been sewn in.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-160" type="witnessName">
<interp inst="t18720129-name-160" type="gender" value="male"/>
<interp inst="t18720129-name-160" type="surname" value="WOLSENCROFT"/>
<interp inst="t18720129-name-160" type="given" value="THOMAS"/>THOMAS WOLSENCROFT</persName> </hi> (
<hi rend="italic">Thames Policeman</hi>, 34). I produce six pieces of covering, with marks on them, which I found in the Cinnamon Street warehouse, a few paces from the doorway, on the ground floor, where there were bales—I also found a bale, a bale covered with gunny bags and mat
<lb/>ting, with both end and side marks cut out, and nothing sewn in, both ends were bare—I also found some plain pieces of bagging.</p>
<p>
<hi rend="smallCaps">E. S. MIDDLETON</hi> (
<hi rend="italic">continued</hi>). On these pieces produced here is a dia
<lb/>mond, and two portions of two other diamonds—here is another, with part of a diamond and a letter—this other is the end of a bale which has been marked by us with the weight, "2 cwt 3qrs. 5 lbs., No. 71, 1870"—this plain piece corresponds with the "gunny" sewn on to this bale—I have seen the nine bales which come from Newcomb and Dunster, this one with the mark cut out is one of them—the whole nine have the marks obliterated, and have pieces sewn into the sides identical with this one—we have a con
<lb/>stable on our premises, in our pay, and we are allowed the special services of a policeman, for whom we pay the Commissioners of Police—our con
<lb/>stable goes away at 8.30, and comes back at 9 o'clock, and goes away to dinner at 1.30, and comes back at 2 o'clock—the policeman has the entire range of our premises—our own constable and gate-keeper sees the goods go away—they are not passed through a gate, they go from Cinnamon Street—a bale of cotton is worth between 8
<hi rend="italic">l</hi>. and 9
<hi rend="italic">l</hi>.—I have missed bales.</p>
<p>
<hi rend="italic">Cross-examined</hi> by
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>. Stock has been taken, and I have had representations made to me—there are 300 lbs. in a bale.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. LILLEY</hi>. Burton has not been three years in my employ—we have other wharves on the other side of the river—it is not the rule of our establishment to take stock, we never did so till after this charge was made—I do not recollect any person breaking in and stealing a portion, or of any locks being broken by accident—they are all East India bales, Calcutta shipment, none come from South America—they sometimes become sea damaged—the wrappers are often torn when they arrive, and we have to repair them—I have been in the business ten or eleven years, and have never known bales to come over without any marks—thousands of bales may be sold every week without the marks being published, but the</p>
<xptr type="pageFacsimile" doc="187201290032"/>
<p>marks are on them—I never saw a bale without a mark, but I do not attend public sales—it is quite possible for marks to become obliterated in the voyage—I have received many thousands of bales during the last three years, they are continually sent in and out, and stock is never taken—we receive from 2000 to 3000 bales a month—the policeman is supposed to be there all day long—I do not know where he takes his refreshment, he is not under my control.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>. Bales frequently come over in a damaged and rotten state—when they are rotten the marks are obliterated—Burton was the head man, the others were obliged to obey his orders in all legiti
<lb/>mate transactions—if they were under the impression that the orders were legitimate they were right in obeying—Burton could delegate Edwards or anybody else to act for him.</p>
<p>
<hi rend="italic">Re-examined.</hi> The nine bales produced, with the marks cut out, are per
<lb/>fectly sound and not damaged by sea-water.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-161" type="witnessName">
<interp inst="t18720129-name-161" type="gender" value="male"/>
<interp inst="t18720129-name-161" type="surname" value="CHAPMAN"/>
<interp inst="t18720129-name-161" type="given" value="CHARLES"/>CHARLES CHAPMAN</persName> </hi>. I am a clerk in the prosecutor's employ—it is my duty to sign orders for all goods delivered out of their premises—I have, got my books here, I have not signed any orders on any of the dates mentioned for the delivery of those goods.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. LILLEY</hi>. This is the book kept for deliveries—it is not kept by anyone in particular—three or four clerks make entries in it, they are all in the prosecutor's employ now—there is no order for three bales of cotton on 7th October—none of the entries on that day are in my writing—there is no entry of five bales on the same day—there is no order on 22nd November for five bales—none of the entries on 4th December are in my writing.</p>
<p>
<hi rend="italic">Re-examined.</hi> Independently of the entries in the book, the orders would all go through my hands—there are no orders for the transactions you have been speaking of—these transactions were not brought to my notice in any way.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-162" type="witnessName">
<interp inst="t18720129-name-162" type="gender" value="male"/>
<interp inst="t18720129-name-162" type="surname" value="WAYMAN"/>
<interp inst="t18720129-name-162" type="given" value="THOMAS"/>THOMAS WAYMAN</persName> </hi> (
<hi rend="italic">Thames Policeman</hi>). I have been in possession of Newcomb & Dunster's premises since December 8th, and have searched for invoices relating to the bales of cotton received on 4th December, but have not been able to find them—I produce their day-dook, the last entry in it is 28th November, 1871, and therefore there is no entry of December 4th—I produce a cheque-book with two counterfoils of 4th December, one is "Walmsley and Co., sold four bales of cotton, 30
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. 2
<hi rend="italic">d".</hi>, and the other "C. Barber, sold four bales of cotton 25
<hi rend="italic">l".</hi>—I interpolate the word "sold," that is what it means—I also found these twelve invoices from Barber—(
<hi rend="italic">produced</hi>)—they are written on Newcomb & Dunster's bill-heads.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-163" type="witnessName">
<interp inst="t18720129-name-163" type="gender" value="male"/>
<interp inst="t18720129-name-163" type="surname" value="WEBB"/>
<interp inst="t18720129-name-163" type="given" value="ROBERT"/>ROBERT WEBB</persName> </hi> (
<hi rend="italic">Police Inspector P</hi> 6). On 5th December, I went to French Horn Yard, and saw Dunster—I asked him if he received four bales of cotton yesterday—he said "No, he knew nothing of them"—I said "I have proof of it"—he said "I will look on the file"—I said "Who did you buy them of"—he said "I cannot tell, to the best of my belief the carman said he should come back again, and I believe my partner, Mr. Newcomb, received them—I asked where his partner was—he said that he would be there about 11 o'clock, or if I would wait—Newcomb came in afterwards, and I asked him if he had received four bales of cotton yesterday—he said "No, I know nothing about any cotton; I just saw the van come, and that is all"—I asked him if he had any entry or any bill for it"—he said "I have not; I cannot tell who brought it, or where it came</p>
<xptr type="pageFacsimile" doc="187201290033"/>
<p>from"—I then went up on the next floor, Mr. Dunster and one of his women went up with me, and pointed out four bales which they said were the bales—one of those has been produced to-day, they all had the mark cut out of the head and sides—I also found five other bales in the next room in the same condition—I afterwards saw Sharpe, and told him I should take him in custody for being concerned in stealing four bales of cotton yesterday from Mr. Middleton's wharf; he said that he knew nothing of it—I said "I have a witness who saw you assisting to load, about 2 o'clock yesterday"—he said "I know nothing of it; I cannot help what my fore
<lb/>man did—Mr. Lewis afterwards identified him at the station—on the next Saturday I took Baker, and told him I should take him for being concerned in stealing four bales of cotton from Middleton's wharf on the 4th—he said "All right"—I took him to the station, where Edwards was in custody; I showed them both the four bales of cotton, and Baker said "I know them, I assisted Sharpe to load them; but I only
<hi rend="italic">done</hi> as I was ordered by my foremen, Edwards and Burton—I asked him if he knew anything about the marks being cut out—he said "Yes, I assisted by the same direction"—Edwards said "I am only under-foreman, I only
<hi rend="italic">done</hi> as I was ordered by Burton, who was over me."</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. LILLY</hi>. Burton was not present when these men were speaking.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>. I have taken means to find Barber, but unsuccessfully—he was a clerk in the city and lived in the Kent Road—I saw a great many other papers on Dunster's premises—I suppose they are there now—I do not know who has possession of the premises—I had charge of the whole—I did not hand them over to anyone, but somebody has taken forcible possession of the premises—I produce all the papers that were considered necessary—they can produce the others themselves, they have got possession of the premises—the other papers are considered of no use, they have been examined.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>. The nine bales were taken away under my direction, and in my presence, from Newcomb & Dunster's warehouses—Dunster and one of his women pointed out four bales to me, when I went up with them—the other five were in another room on the left—I did not subsequently see the cheque for 25
<hi rend="italic">l</hi>. but I saw the book in the office.</p>
<p>
<hi rend="italic">Re-examined.</hi> I looked over the papers I found there, and have produced the invoices and the counterfoil cheque-book—the rest were left at the warehouse, and are in the prisoner's keeping at this moment—I saw no invoices relating to cotton besides those I have produced—the latest invoice I found was 6th September, 1871—I found no delivery orders or notes, nor was I shown any by either of the prisoners.</p>
<p>
<hi rend="italic">The following letters from Burton to Barnes were here read;</hi> "September 7. Be in attendance at 8 or 8.30 to-morrow, Friday morning, in Crutched Friars" "September 16.—Go to Newcomb and enquire for 3. I shall order dinner for you at 1 o'clock." "December 2. 5 to 2 o'clock. Reply if you will be there in time, you will be down this afternoon." December 4. Some time to-day. Shall expect you at 4.30. Telegraph if you cannot be there in time."</p>
<p>
<hi rend="smallCaps">MR. LILLEY</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">T. WOLSENCROFT</hi>.
<hi rend="italic">Q.</hi> When did you go to the premises in Cinnamon Street?
<hi rend="italic">A.</hi> On the 6th, 7th, 8th, and 9th December I searched for pieces but found no more than those I have produced—I saw Sergeant Webb there but did not see him find any, nor do I know that</p>
<xptr type="pageFacsimile" doc="187201290034"/>
<p>he found some—no one found any more in my presence, and no other pieces were produced to me—I was there four days taking stock of the cotton—I was never in the cotton trade—I heard Innis or some such name, a clerk in the prosecutor's employ examined a the Police Court.</p>
<p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">T. WAYMAN</hi>.
<hi rend="italic">Q.</hi> Are you in possession of the premises?
<hi rend="italic">A.</hi> Yes, I have had possession of the books until to-day.</p>
<p>
<hi rend="smallCaps">MR. LEWIS</hi>.
<hi rend="italic">Q.</hi> Have you been on the premises altogether?
<hi rend="italic">A.</hi> I have been on them in the day, and have allowed the accountants on the part of the prisoners to work there—Mr. Moss has a representative there, I do not know his name, I have been there myself, and have requested the policeman to keep the key, because he said he could not give possession till this trial was over—I was not allowed to look at any books, only the com
<lb/>mon day-book—I have not searched for invoices of these transactions, I did not know they were wanted—I do not know Mr. Walmsley.</p>
<p>
<hi rend="italic">Baker's Defence.</hi> I acted under the order of my foreman, and am entirely innocent of knowing anything about stealing the goods.</p>
<p>
<hi rend="smallCaps">MR. METCALFE</hi> withdrew the charge against</p>
<p>
<hi rend="largeCaps">SHARPE</hi>
<hi rend="smallCaps">
<rs id="t18720129-213-verdict-1" type="verdictDescription">
<interp inst="t18720129-213-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18720129-213-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<p>
<hi rend="italic">Edwards, Newcomb and Dunster received excellent characters.</hi> </p>
<p>
<hi rend="largeCaps">BURTON</hi>
<hi rend="smallCaps">
<rs id="t18720129-213-verdict-2" type="verdictDescription">
<interp inst="t18720129-213-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18720129-213-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">He was further charged with having been convicted in July</hi>, 1861,
<hi rend="italic">in the name of Donkin, to which he</hi> </p>
<p>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">
<rs id="t18720129-213-punishment-31" type="punishmentDescription">
<interp inst="t18720129-213-punishment-31" type="punishmentCategory" value="imprison"/>
<interp inst="t18720129-213-punishment-31" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-213-18720129 t18720129-213-punishment-31"/>Ten Years' Penal Servitude.</rs> </hi> </p>
<p>
<hi rend="largeCaps">BAKER, EDWARDS, NEWCOMB</hi>
<hi rend="italic">and</hi>
<hi rend="largeCaps">DUNSTER</hi>
<hi rend="italic">
<rs id="t18720129-213-punishment-32" type="punishmentDescription">
<interp inst="t18720129-213-punishment-32" type="punishmentCategory" value="imprison"/>
<interp inst="t18720129-213-punishment-32" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-213-18720129 t18720129-213-punishment-32"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-213-18720129 t18720129-213-punishment-32"/>
<join result="defendantPunishment" targOrder="Y" targets="def5-213-18720129 t18720129-213-punishment-32"/>
<join result="defendantPunishment" targOrder="Y" targets="def6-213-18720129 t18720129-213-punishment-32"/>Seven Years each in Penal Servitude.</rs> </hi> </p> </div1>
<p>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Wednesday, January</hi> 31
<hi rend="italic">st</hi>, 1872.</p>
<p>
<hi rend="italic">Before Robert Malcolm Kerr, Esq.</hi> </p>
<div1 type="trialAccount" id="t18720129-214">
<interp inst="t18720129-214" type="uri" value="sessionsPapers/18720129"/>
<interp inst="t18720129-214" type="date" value="18720129"/>
<join result="criminalCharge" id="t18720129-214-charge-1" targOrder="Y" targets="def1-214-18720129 t18720129-214-offence-1 t18720129-214-verdict-1"/>
<p>214.
<persName id="def1-214-18720129" type="defendantName">
<interp inst="def1-214-18720129" type="gender" value="male"/>
<interp inst="def1-214-18720129" type="age" value="24"/>
<interp inst="def1-214-18720129" type="surname" value="BEER"/>
<interp inst="def1-214-18720129" type="given" value="EDWARD HENRY"/>
<hi rend="largeCaps">EDWARD HENRY BEER</hi> (24)</persName>,
<hi rend="smallCaps">
<rs id="t18720129-214-verdict-1" type="verdictDescription">
<interp inst="t18720129-214-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720129-214-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18720129-214-offence-1" type="offenceDescription">
<interp inst="t18720129-214-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18720129-214-offence-1" type="offenceSubcategory" value="forgery"/>to feloniously forging and uttering an order for the payment of 150
<hi rend="italic">l</hi>., with intend to defraud.—</rs>
<hi rend="italic">
<rs id="t18720129-214-punishment-33" type="punishmentDescription">
<interp inst="t18720129-214-punishment-33" type="punishmentCategory" value="imprison"/>
<interp inst="t18720129-214-punishment-33" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-214-18720129 t18720129-214-punishment-33"/>Two Years' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18720129-215">
<interp inst="t18720129-215" type="uri" value="sessionsPapers/18720129"/>
<interp inst="t18720129-215" type="date" value="18720129"/>
<join result="criminalCharge" id="t18720129-215-charge-1" targOrder="Y" targets="def1-215-18720129 t18720129-215-offence-1 t18720129-215-verdict-1"/>
<p>215.
<persName id="def1-215-18720129" type="defendantName">
<interp inst="def1-215-18720129" type="gender" value="male"/>
<interp inst="def1-215-18720129" type="age" value="40"/>
<interp inst="def1-215-18720129" type="surname" value="BUSH"/>
<interp inst="def1-215-18720129" type="given" value="HARRY"/>
<hi rend="largeCaps">HARRY BUSH</hi> (40)</persName>
<rs id="t18720129-215-offence-1" type="offenceDescription">
<interp inst="t18720129-215-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18720129-215-offence-1" type="offenceSubcategory" value="kidnapping"/>, Unlawfully taking
<persName id="t18720129-name-166" type="victimName">
<interp inst="t18720129-name-166" type="gender" value="female"/>
<interp inst="t18720129-name-166" type="surname" value="PARISH"/>
<interp inst="t18720129-name-166" type="given" value="HENRIETTA"/>
<join result="offenceVictim" targOrder="Y" targets="t18720129-215-offence-1 t18720129-name-166"/>Henrietta Parish</persName>, an un
<lb/>married girl, under the age of sixteen years, out of the possession and against the will of her father.</rs> </p>
<p>
<hi rend="smallCaps">MR. BESLEY</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. MONTAGU WILLIAMS</hi>
<hi rend="italic">the Defence.</hi> </p>
<p>
<hi rend="italic">The evidence given in this case was of a nature unfit for publication.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18720129-215-verdict-1" type="verdictDescription">
<interp inst="t18720129-215-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720129-215-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<rs id="t18720129-215-punishment-34" type="punishmentDescription">
<interp inst="t18720129-215-punishment-34" type="punishmentCategory" value="noPunish"/>
<interp inst="t18720129-215-punishment-34" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-215-18720129 t18720129-215-punishment-34"/>
<hi rend="italic">Judgment respited.</hi> </rs> </p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Thursday, February</hi> 1
<hi rend="italic">st</hi>, 1872.</p>
<p>
<hi rend="italic">Before Mr. Baron Channell.</hi> </p>
<div1 type="trialAccount" id="t18720129-216">
<interp inst="t18720129-216" type="uri" value="sessionsPapers/18720129"/>
<interp inst="t18720129-216" type="date" value="18720129"/>
<join result="criminalCharge" id="t18720129-216-charge-1" targOrder="Y" targets="def1-216-18720129 t18720129-216-offence-1 t18720129-216-verdict-1"/>
<p>216.
<persName id="def1-216-18720129" type="defendantName">
<interp inst="def1-216-18720129" type="gender" value="female"/>
<interp inst="def1-216-18720129" type="age" value="27"/>
<interp inst="def1-216-18720129" type="surname" value="ROSENSTEIN"/>
<interp inst="def1-216-18720129" type="given" value="MARY ESTHER"/>
<hi rend="largeCaps">MARY ESTHER ROSENSTEIN</hi> (27)</persName>, was indicted
<rs id="t18720129-216-offence-1" type="offenceDescription">
<interp inst="t18720129-216-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18720129-216-offence-1" type="offenceSubcategory" value="manslaughter"/>for feloniously killing and slaying
<persName id="t18720129-name-168" type="victimName">
<interp inst="t18720129-name-168" type="gender" value="male"/>
<interp inst="t18720129-name-168" type="surname" value="ROSENSTEIN"/>
<interp inst="t18720129-name-168" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18720129-216-offence-1 t18720129-name-168"/>John Rosenstein</persName>; she was also charged on the Coroner's Inquisition with the like offence.</rs> </p>
<p>
<hi rend="smallCaps">MR. DOUGLAS</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. A. B. KELLEY</hi>
<hi rend="italic">the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-169" type="witnessName">
<interp inst="t18720129-name-169" type="gender" value="male"/>
<interp inst="t18720129-name-169" type="surname" value="PAGET"/>
<interp inst="t18720129-name-169" type="given" value="JAMES"/>JAMES PAGET</persName> </hi>. I live at 9, Little Turnstile, Holborn, and am a hair-dresser—on Sunday, 10th December last, about 12 o'clock, the prisoner ran into my shop followed by her husband, who called out "The murderer! the murderer! fetch a policeman"—he had hold of her arm—I said "What is the matter?"—he said "My wife has struck me over the head with a poker"—he had on a waistcoat and a dicky which was all covered with blood, and blood was streaming down from his head—I went out for a policeman, and</p>
<xptr type="pageFacsimile" doc="187201290035"/>
<p>found two at the corner of Kingsgate Street, Holborn—I left the prisoner in the shop, when I came back she was gone—next Monday I was sent for by the deceased, and he showed me a poker—I saw him three or four times after the Monday, in fact I shaved him three times between the Monday and his death on Christmas day—I only shaved his chin.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I left the deceased in the shop with the prisoner when I went for the police—he was standing when I left him—when I came back he was sitting on the shop form—the woman came into the shop first, she did not say a word—the man came in directly after—he has been a customer of mine for twelve months, but I never visited them.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-170" type="witnessName">
<interp inst="t18720129-name-170" type="gender" value="female"/>
<interp inst="t18720129-name-170" type="surname" value="PAGET"/>
<interp inst="t18720129-name-170" type="given" value="SOPHIA"/>SOPHIA PAGET</persName> </hi>. I am the wife of the last witness—I saw the prisoner come into the shop, followed by the deceased—he said "The murderer! the murderer! fetch a policeman"—he was bleeding from the head—he said "My wife has struck me over the head with a poker"—he was in his shirt sleeves, and had a white front on, which was saturated with blood, which came from a wound at the side of his head—I felt faint, and went into the back room—my son said "Help my mother into the back room"—and the prisoner did so, and sat down beside me—she said "All this comes from nothing, I may say nothing; me and my husband were out last evening, and in coming home we were rather late, and went into a public-house in Queen Street, and had a glass each to drink; I offered a half sovereign to pay for what we bad had, it was returned to me broken in half"—she took it out of her pocket and showed me the half-sovereign in two parts—I said "It is a good one," and she said "Do you think so, this is what the row has been about; after I came home my husband commenced abusing me, he began again this morning, and called me such filthy names that what I
<hi rend="italic">done</hi> I was aggravated to"—she got up, and I said "Do you want to go out?"—she said "I should like to fetch my bonnet and jacket"—I said "Go and get them, then"—I did not know Mrs. Rosenstein—I should not have known her if I had met her—I freely let her go—I opened the door for her—I did not see her again till I was before the Magistrate.</p>
<p>
<hi rend="italic">Cross-examined.</hi> When she came in she looked very pale, not particu
<lb/>larly agitated—she was quite calm—the husband was in the shop when I had this conversation with her—my son was with the deceased—he took my place when I began to feel faint—the prisoner and I were alone.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-171" type="witnessName">
<interp inst="t18720129-name-171" type="gender" value="female"/>
<interp inst="t18720129-name-171" type="surname" value="NORTH"/>
<interp inst="t18720129-name-171" type="given" value="HARRIETT"/>HARRIETT NORTH</persName> </hi>. I am a widow, and live at 6, Dean Street, Holborn—I am the prisoner's mother—she was married to John Rosenstein—I was sent for on Sunday morning, 10th December, about 11.30, to my daughter's house—I went up stairs into the bed-room, and found her and the deceased struggling together—I got between them, and he struck her—I saw his hand go over my head and strike her—I can't say what with—the blind was down, the room was dark, and my eyesight is not very good—he struck her with some substance, but what it was I can't say—I think it struck her back or shoulder—I could not say, for I was so terrified—she ran out, and he ran after her directly—I saw no blood, he had his hand to his head, and I never saw a spot of blood at all—he had a coloured shirt on—when he struck her, I saw something come over my right shoulder from her—I saw the shadow of whatever it was she had in her hand—she was behind me, so that I could not see what it was—I was between them—the deceased was nearest the window—his face was towards me, but rather on one side—immediately after I saw the shadow over my shoulder, she ran out, and he followed—my daughter was standing right at my back—she was nearest</p>
<xptr type="pageFacsimile" doc="187201290036"/>
<p>the door, and ran out—she was nearest the fire-place—the deceased passed me as he ran out after her—I was examined before the Coroner—I saw no blood—I stopped in the room—the deceased had both his hands to his head, one on each side—I thought he called out "Mother, mother!" but it was only momentarily down—he was in the habit of calling me mother—after they ran down stairs I went home—the deceased came there a few hours afterwards, and looked in the cupboard—there were two policemen outside the door, and he came to see if she was there—my daughter came to my house next morning, and she remained there a week, or eight days, and then the deceased sent for her.</p>
<p>
<hi rend="italic">Cross-examined.</hi> When they were struggling in the room they remained in the same position—I was between them—he struck at her, and the blow went over my head and struck her right shoulder, and then I saw the shadow come back from her side over to his—I don't know what the shadow was caused by—I was in the habit of visiting them—they quarrelled very much—I have seen him take up the gas-pipes to her—I have seen him take up a wooden chair and throw at her, and I begged my daughter to leave him—he used to work with the gas on the floor—he was a tailor—I have seen him unscrew the pipes and run at her, one in each hand—he was a very intemperate man—my daughter was always sober and hard-working.</p>
<p>
<hi rend="italic">Re-examined.</hi> The deceased was not an industrious man—he earned a good deal of money, but he did not give it to his wife—he spent it—my daughter was always well-conducted.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-172" type="witnessName">
<interp inst="t18720129-name-172" type="gender" value="male"/>
<interp inst="t18720129-name-172" type="surname" value="TIMMS"/>
<interp inst="t18720129-name-172" type="given" value="JOSEPH"/>JOSEPH TIMMS</persName> </hi>. I lived in the house with Mr. Rosenstein when this affair took place, as errand-boy—on Saturday night, 9th December, they had been to some place of amusement—when they came up stairs the deceased began swearing at the prisoner, and he said "The idea of a woman like you going out and getting drunk, and giving a good half-sovereign for a bad one," and he swore at her—she did not quarrel with him—I was in the workshop, and they were in the bedroom, on the same floor—next morning I was lighting the fire, they were in the bedroom, and I heard him swearing at her—she answered him, but not to blackguard him in any way—they sent me out to get some soap—that was about 11.30—the quarrelling commenced about 11.15, in the morning—I was lighting the fire then, and that was when I first heard him swearing at her—I went out for the soap, and as I came back I saw him coming out of the barber's, with his head bleeding—my mistress was not at home, and I went with my master to Mrs. North's house—I met him coming out of Paget's—he went to his own house, and then to Mrs. North's, in Dean Street—I did not see the prisoner there, and from there we went to King's College Hos
<lb/>pital—I saw his head dressed, and I then returned home with him—he went to bed, and he sent me down to fetch Bosman, his foreman—he had about eight men and two or three women working for him—Bosman came about 6 o'clock in the evening, with his mother, and they remained some time with my master—Mrs. Rosenstein came home on the Tuesday week—my master was very ill then, and confined to his bed—she attended to his heads, and dressed it when he returned.</p>
<p>
<hi rend="italic">Cross-examined.</hi> When they came in on the Saturday night, my master had had a little drop too much—all the quarrelling was on his side—he was abusing and swearing at the prisoner—on the Sunday morning he began the quarrel again, he was speaking and talking loudly—after the wound was dressed, and before his death, I still lived in the house with him—he was</p>
<xptr type="pageFacsimile" doc="187201290037"/>
<p>in the habit of drinking—I saw him partake of the best part of a pint of rum on the Sunday night, the same day that it happened—he took it neat—he was drinking after that on the Wednesday night; he drank rum then—I fetched three half-quarterns, and he and a man named Fisher shared it between them; that was neat—he had a fall on the Wednesday—he was sitting on a chair, leaning his head on the table in the workshop—he fell off the chair, he fell sideways, and struck his head against the leg of a side-table—that was about 9 or 9.30 after he had finished the three half-quarterns of rum—the workmen had all gone—Mr. Fisher had gone—I lifted him up and led him to his bedroom—on the Thursday morning we were going down Lincoln's Inn Fields, and he complained of a pain in his head—we were going to the Civil Service—he worked for them—I used to keep his books—he said "I have got a pain in my head this morning" and I said "Yes, you had a fall last night," and he said "Yes, I know, I had been drink
<lb/>ing"—coming back from the Civil Service he had some drink, he generally calls at one house—he went into the public-house and I waited outside—when I led him to bed on the Wednesday he was intoxicated; he could not walk—that was from drink—he generally took his meals in the workshop—he had been drinking rum before in the day, before Mr. Fisher came—I fetched it from the
<hi rend="italic">Ship</hi>—I had fetched two half-quarterns, I think, no one shared that with him, that was in the day time, and he had been out alone before Mr. Fisher came—I went to the hospital with him on the Tuesday—after the Thursday and before his death, he drank port wine and rum—every day he drank something—he took port wine four or five days before his death—Dr. Mumford was there then—I don't know whether he ordered the port wine—he used to drink rum at the same time as he drank the port wine—I had been with Mr. and Mrs. Rosenstein about four or five months—I have seen the deceased drunk a good many times, and when he was drunk he was very quarrelsome—he was always quarrelling with his wife and fighting when he was drunk—he has thrown things at her—the quarrels generally commenced on his side—she was a sober woman, and her conduct was always kind towards him—when she came back during his illness she used to make him everything he wanted, and she dressed his head.</p>
<p>
<hi rend="italic">Re-examined.</hi> I was examined before the Magistrate and before the Coroner—I mentioned that he drank the greater part of a pint of rum on the Sunday night—I mentioned it at both places, I believe—he paid for one half-pint and Mr. Bosman paid for the other—I remember that I did fetch two half-pints on the Sunday night, and there were three persons present when he sent me—he took the best of the pint—Mr. Bosman drank very little—it was about 7 o'clock—Mr. Bosman was there drinking with him—my master was kind to his wife when he was not intoxicated, but I have seen him use violence to her when he was drunk—I have seen him pull her down by her hair and hold a pair of shears over head, as if he was going to strike her with them.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> When he fell down on the Wednesday night against the table, did you know that he had had a wound on the Sunday?
<hi rend="italic">A.</hi> Yes, the part of his head where the wound was struck, the table—it was on the right side—it caused the wound to bleed, it opened it—the blood ran down the side of his ear, from the old wound.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-173" type="witnessName">
<interp inst="t18720129-name-173" type="gender" value="male"/>
<interp inst="t18720129-name-173" type="surname" value="GREENFIELD"/>
<interp inst="t18720129-name-173" type="given" value="FREDERICK"/>FREDERICK GREENFIELD</persName> </hi> (
<hi rend="italic">Police Inspector E</hi>). On 27th December, in consequence of information I received of the death of John Rosenstein, I</p>
<xptr type="pageFacsimile" doc="187201290038"/>
<p>went to 6, Little Turnstile, where I saw the prisoner—I was in uniform—I told her I should take her into custody for causing the death of her hus
<lb/>band by striking him a blow on the head, on 9th December, and she would have to go with me to the station—she said "It can't be helped; I suppose I must go; but I have plenty of witnesses to prove he fell down since"—Mr. Bosman was there, and as we were leaving the room he said "You had better tell the whole truth"—when we got into the street the prisoner said "I will tell you; we had a quarrel on Saturday night; we had been out to a music hall, and on returning went into a public-house in Great Queen Street, and had two three-pennyworths of port wine; I placed a half-sovereign on the counter, and the landlady took it up and broke it in two"—I saw it afterwards, it was broken in half, but it was good, there was a flaw in it—she said "We quarrelled about it, and he went on at me, and on Sunday morning, when we got up, he commenced again; I was stooping down to light the fire, and he struck me over the shoulders with a poker; I jumped up; I picked up something, I think it was a poker, and I struck him on the head; it bled much; I was frightened, and went away, and did not return till the following Friday"—I took her to the station, where she was charged—Bosman followed to the station, but he could not hear what was said.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you caution her?
<hi rend="italic">A.</hi> No—I made a minute of this in our book at the station the same night, after I had furnished the charge—I afterwards searched the room, and found this poker—it is a part of the standard of a fender, to hold fire-irons on—the rest has been taken off—this lower part fixes into the fender, but it has been used for a poker—the body had been moved—I found it afterwards in the Jewish cemetery at West Ham—I found a small piece of iron wire besides the poker—I did not bring it because the poker was pointed out to me by Paget, and he said that was what it was done with—the other was a piece of wire about as thick as my little finger—I have not brought it from the station—I can get it—we have an order against cautioning persons—we are supposed not to extort a con
<lb/>fession from them, or to caution them.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I am certain I told the prisoner I arrested her for a crime which had been committed on the 9th, and I am equally sure now that the quarrel took place on the 10th—I was incorrect as regards the day—Bosman said to her, in my presence, "You had better tell everything"—what she stated was after that remark—I was examined on 2nd January before the Coroner, and before the Magistrate two days after—I said then that she said "I struck him with something, I think it was a poker"—I was very careful about my evidence, because I wrote it in our occurrence book directly after I had taken the charge—I am positive I did say so before the Coroner, although I don't see anything about it in the depositions—I went to the house to look for the poker on 2nd January—in conse
<lb/>quence of the evidence which was given, I made a further search and found it—I arrested the prisoner on 27th December, and I did not find the poker till 2nd January, after the examination before the Coroner—she had been in custody all that time—the examination had not closed—Timms had been examined—I was aware at that time that Paget had not witnessed the quarrel, and knew nothing about how the wound was inflicted—Paget pointed it out as the poker, but I had other information as well—I found the iron rod at the same time—they were both in the fender—I took that away at the same time, but as it was not required at the Police Court or</p>
<xptr type="pageFacsimile" doc="187201290039"/>
<p>by the Coroner, I thought it would not be required here—I saw Mrs. North on one occasion, and asked her if she could give any information about the affair, and I detailed before the Coroner what she stated to me—I am sure the prisoner said "I picked up something, I think it was a poker"—she did not say what it was for certain—she also said that she was very much frightened, and ran away.</p>
<p>
<hi rend="italic">Re-examined.</hi> I had never seen Bosman before—it was not by my direc
<lb/>tion or advice that he made the remark which he did—I called on Mrs. North in the course of my inquiries to see whether, I could get any further information.</p>
<p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">JAMES PAGET</hi>.
<hi rend="italic">Q.</hi> Should you know again the poker that the deceased showed to you on Monday?
<hi rend="italic">A.</hi> Yes, that is the poker (
<hi rend="italic">produced</hi>).</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-174" type="witnessName">
<interp inst="t18720129-name-174" type="gender" value="indeterminate"/>
<interp inst="t18720129-name-174" type="surname" value="BOSMAN"/>
<interp inst="t18720129-name-174" type="given" value="ZALIG"/>ZALIG BOSMAN</persName> </hi>. I am a tailor, and live at 33, New North Street, Red Lion Square—at that time I lived at Grower's Walk, Commercial Road—I worked for the deceased for six months—on Sunday evening, 10th Decem
<lb/>ber, I was sent for and went to his house—I found him with his head ban
<lb/>daged up, and I remained with him about three hours—I got there about 6 o'clock, and left between 9 and 10 o'clock—my mother and my intended also went, but I was there before them—I did not see the wound because the bandage was on his head—he seemed the same as usual, and told me how it all happened—he dressed himself and sat by the fire with me—he kept up the conversation during the time I was there—we had two half
<lb/>pints of rum between us—Timms went for it—the deceased had the best part of it—I saw him again on Monday morning when I went to work—he appeared sober when I left him the night before, but he was sitting down all the time, so I could not tell whether he was the worse for what he had taken—he was in bed on the Monday—I just went in to ask him how he was—he seemed pretty well—he got up and I saw him during the day—I saw him on the Tuesday morning, and regularly every day till he died—he was intoxicated when I left him on the Wednesday evening—I usually left work between 9 and 10 o'clock—I saw him just before Mr. Fisher came, on the Wednesday—he was the worse for drink then, and after Fisher came they had something more to drink—he had a peculiar look on him, a pleasing look when he was intoxicated—his manner was cheerful in gene
<lb/>ral when he was not drunk—I know he took the bandage off on the Tuesday—he went to the hospital on that day, and when he came home he took the whole bandage off, there were five or six yards, and he went out with his hat on and no bandage—I saw there was a wound on his head—I did not see any blood—he came back afterwards with his head strapped up—he took the bandage off because he wanted to go about his business—he said "I can't go like this to the Civil Service"—I was present when Inspector Greenfield came to take the prisoner into custody on 27th December—I told her to speak the whole truth.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Was he drunk on the Tuesday when he took the bandage off his head?
<hi rend="italic">A.</hi> No—I believe he took it off about 11 o'clock, after he came from the hospital—he came in in about five minutes, and said "I have been to the barber's and had my head strapped up"—I don't think he had taken anything to drink that morning.</p>
<p>
<hi rend="italic">Cross-examined.</hi> Timms went out with him that morning to shop—the deceased was very passionate when he was drunk—whenever he had had a drop to drink the first thing he did was to begin quarrelling with his wife.</p>
<xptr type="pageFacsimile" doc="187201290040"/>
<p>
<hi rend="italic">Re-examined.</hi> On one occasion I recollect he dragged her by the hair, and held my large shears over her and had I not snatched them out of his hand I believe he would have cut her head open—he used to throw irons about, but they never struck her—he had hold of the blades of the scizzors and the part where the fingers go in would have struck her—he would throw things at you when he was quarrelling—I have seen him throw 14 and 16 lb. irons at her, but they never hit her.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-175" type="witnessName">
<interp inst="t18720129-name-175" type="gender" value="male"/>
<interp inst="t18720129-name-175" type="surname" value="GREENFIELD"/>
<interp inst="t18720129-name-175" type="given" value="FREDERICK"/>FREDERICK GREENFIELD</persName> </hi> (
<hi rend="italic">re-called</hi>). I now produce the piece of wire which was in the room—it is what I should call iron wire.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-176" type="witnessName">
<interp inst="t18720129-name-176" type="gender" value="male"/>
<interp inst="t18720129-name-176" type="surname" value="CROSS"/>
<interp inst="t18720129-name-176" type="given" value="FRANCIS RICHARDSON"/>FRANCIS RICHARDSON CROSS</persName> </hi>. I am a member of the Royal College of Surgeons and house surgeon at King's College Hospital—John Rosenstein came there about mid-day on Sunday, 10th December, with a severe wound of the scalp, which was bleeding very profusely—I examined it, but could detect no fracture at that time—I probed it—the wound was on the upper part of the head, almost in the middle line, but slightly on the right side—it did not present any severe symptoms of any kind at that time—it was about an inch long—I felt that the wound had penetrated the scalp and reached the skull in one small point—I dressed the wound in the ordinary way—I saw him again on the Tuesday, about 10 o'clock in the morning, at the hospital—I dressed the wound again, and I did not see him after that until the
<hi rend="italic">post-mortem</hi>—I should think such a wound as that was would be more likely to be caused by an instrument than a fall, but I should not like to give an opinion as to the kind of instrument that inflicted a scalp wound—it seemed to me to have been caused by a blow—I was present at the
<hi rend="italic">post-mortem</hi> examination, and I identified the same wound which I had dressed on the Sunday—when we removed the covering of the skull, we found the periosteum of the bone bared in one small point—upon scraping away the periosteum, we found a depression about the size and shape of an almond on the skull—on removing the skull cap, we found the inner table of the skull fractured at a point corresponding with the depression on the outer table—the fracture had not penetrated the brain, but one of the sharp points had slightly scratched the membrane between the brain and the skull, causing a slight extravasation of blood there—we removed the membrane and found a large amount of
<hi rend="italic">pus</hi> over the right hemisphere of the brain running down the middle line between the two halves of the brain—underneath the right hemisphere of the brain between it and the lower brain there was another clot of blood, and there was a small amount of
<hi rend="italic">pus</hi> on the left hemisphere—there was also a bruise on the right groin and another on the right collar bone, but I could not tell how they had been caused—I should think the bruise on the shoulder was caused by several blows—I don't think one blow would have caused it—the cause of death was undoubtedly the effusion of that matter on the brain which was caused by the irritation of the splinter of bone, which rubbed the membrane outside it—the fracture, such as it was, was in the interior part of the scalp, and the fragment irritated the membrane outside the brain, and so caused the effusion—when I dressed the wound there was nothing which led me to detect that depression or fracture which I found at the
<hi rend="italic">post-mortem</hi>—there was a depression on the outer part of the bone, the fracture was inside—I think the fracture was produced by a severe blow from some instrument with a projection of some kind—I should think that this rim of the poker would be most likely to have caused the wound—if it had been caused by any other part, I think the fracture would have been different—you would</p>
<xptr type="pageFacsimile" doc="187201290041"/>
<p>have a long fracture—I don't think it was caused by the flat part, but either by the knob or the rim—the external wound would have been different—it would have been a wound with two or three angles to it, I think—I have heard about the deceased falling and striking his head against the table leg—that would not produce such a fracture, in my judgment—if it opened the wound so as to cause blood to flow, it would not affect the fracture, only the wound—his chance of recovery from the first was very slight; almost nil, I think—intemperate habits, such as drinking raw rum might have ac
<lb/>celerated the effusion of matter, and so accelerate death, but it would not otherwise have affected the fracture.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Although you did not discover the fracture on the Sunday, it might have existed from the commencement?
<hi rend="italic">A.</hi> Yes, there was a very slight chance of his recovery from the commencement, and although there might have been imprudence on his part in drinking rum and so on, which would accelerate the effusion, still the effusion was due to the fracture.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I did not make the
<hi rend="italic">post-mortem</hi> examination myself—I assisted—Mr. Mills made it, and I made the notes—I said I should not like to give an opinion as to the instrument which caused the scalp wound—the almond-like depression might have been there when I used the probe, and I should not have discovered it—it was not a fracture at all—the roughness could not be felt by the finger or the probe—the periosteum covered the bone, and it was only in one point that bare bone could be reached, and the probe, although touching the bare bone, would run over the periosteum—the almond depression must have been caused by a blow of some kind, and there can be no question that the blow which caused the scalp wound caused the depression—an injury might have caused it subse
<lb/>quently to the time I saw it—it is most improbable, I think, that a fall would cause such a fracture, with such a laceration of the skull—the singular leg of a table would be very much like the rim on the poker, but I don't think a fall against it would cause such a fracture—in the one case the man would be passive and the object active, and in the case of a fall the man would be active and the object passive—the scalp wound would be different in that case—I am against the theory that the fall against the table caused the injury we found at the
<hi rend="italic">post-mortem</hi>—I admit that that and the use of the rum would accelerate death—I think the fall would accelerate the consequences of the fracture, if it struck the same part, but it would not cause the fracture itself—a man of temperate habits would have a much better chance of recovery than a man who indulged in quanti
<lb/>ties of raw rum—the wound would be more fatal to an intemperate man than a sober man—I should say the poker was the most likely instrument to have caused both the scalp wound and the fracture—when the man came on the Sunday, from the wound and his general bearing I did not apprehend that his life was at all in danger—I did not see him after the Tuesday—I had told him to come again—I did not discover at the
<hi rend="italic">post-mortem</hi> examina
<lb/>tion ny other wound on the head than that which I have described.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-177" type="witnessName">
<interp inst="t18720129-name-177" type="gender" value="male"/>
<interp inst="t18720129-name-177" type="surname" value="MILLS"/>
<interp inst="t18720129-name-177" type="given" value="SAMUEL"/>SAMUEL MILLS</persName> </hi>. I am a member of the Royal College of Surgeons and Divisional Surgeon of the E Division of Police—I conducted the
<hi rend="italic">post mortem</hi> examination, with Mr. Cross—I have heard his evidence, and I agree with what he has said as to the cause of death, and the way in which the frac
<lb/>ture was likely to have originated.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I did not see the man until I saw his dead body.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Might it happen that, although there had been the most</p>
<xptr type="pageFacsimile" doc="187201290042"/>
<p>careful probing of the wound, the injury to the scalp, such as you saw at the
<hi rend="italic">post-mortem</hi> examination, would not be detected?
<hi rend="italic">A.</hi> Yes, it is very possible that it existed, but could not be detected—the depressed portion was quite smooth—there was no crack in the bone there—if there had been the probe might have got into it—I have found in my experience that a latent fracture has existed and the external indications have not been pro
<lb/>duced for some time—the head was opened, and in my judgment I found the cause of death there—the viscera of the body generally were all good.</p>
<p>
<hi rend="smallCaps">
<rs id="t18720129-216-verdict-1" type="verdictDescription">
<interp inst="t18720129-216-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18720129-216-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Thursday, February</hi> 1
<hi rend="italic">st</hi>, 1872.</p>
<p>
<hi rend="italic">For the case of</hi>
<hi rend="smallCaps">WALTER ALFRED WHITRHEAD</hi>,
<hi rend="italic">tried this day, see</hi>
<hi rend="smallCaps">SURREY CASES</hi>.</p>
<p>
<hi rend="largeCaps">KENT CASES</hi>.</p>
<p>
<hi rend="italic">Before Robert Malcolm Kerr, Esq.</hi> </p>
<div1 type="trialAccount" id="t18720129-217">
<interp inst="t18720129-217" type="uri" value="sessionsPapers/18720129"/>
<interp inst="t18720129-217" type="date" value="18720129"/>
<join result="criminalCharge" id="t18720129-217-charge-1" targOrder="Y" targets="def1-217-18720129 t18720129-217-offence-1 t18720129-217-verdict-1"/>
<p>217.
<persName id="def1-217-18720129" type="defendantName">
<interp inst="def1-217-18720129" type="gender" value="male"/>
<interp inst="def1-217-18720129" type="age" value="39"/>
<interp inst="def1-217-18720129" type="surname" value="NEWBOUND"/>
<interp inst="def1-217-18720129" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES NEWBOUND</hi> (39)</persName>
<rs id="t18720129-217-offence-1" type="offenceDescription">
<interp inst="t18720129-217-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18720129-217-offence-1" type="offenceSubcategory" value="fraud"/>, Unlawfully obtaining 1
<hi rend="italic">l</hi>. 17
<hi rend="italic">s</hi>. from
<persName id="t18720129-name-179" type="victimName">
<interp inst="t18720129-name-179" type="gender" value="male"/>
<interp inst="t18720129-name-179" type="surname" value="MCGUINNESS"/>
<interp inst="t18720129-name-179" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18720129-217-offence-1 t18720129-name-179"/>James McGuinness</persName>, with intent to defraud.</rs> </p>
<p>
<hi rend="smallCaps">MR. A. B. KELLEY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-180" type="witnessName">
<interp inst="t18720129-name-180" type="gender" value="male"/>
<interp inst="t18720129-name-180" type="surname" value="BOXALL"/>
<interp inst="t18720129-name-180" type="given" value="GEORGE"/>GEORGE BOXALL</persName> </hi>. I am staff-sergeant of pensioners, of the 2nd City Lon
<lb/>don district—I know the prisoner, and remember his being enrolled in my regiment on 10th March, 1869, into the 1st Indian Army Reserve—he represented himself to be from the Royal Marines—I saw him sign this attestation paper. (
<hi rend="italic">This stated that he did not belong to the Marines, Navy, Militia, or any other Force, and that he had not bun already enrolled in any other class of the same Force</hi>). From that time he has been receiving payment at my district, till last December.</p>
<p>
<hi rend="italic">Prisoner.</hi> On Saturday, the 6th, at Greenwich Police Court, you swore that f was James Gibson.
<hi rend="italic">Witness.</hi> I said no at first, but I contradicted it before I loft the box, and said that you were James Newbound.</p>
<p>
<hi rend="smallCaps">
<persName id="t18720129-name-181" type="witnessName">
<interp inst="t18720129-name-181" type="gender" value="male"/>
<interp inst="t18720129-name-181" type="surname" value="MCGUINNESS"/>
<interp inst="t18720129-name-181" type="given" value="JAMES"/>JAMES MCGUINNESS</persName> </hi>. I am staff-sergeant of pensioners, of the Greenwich district—I know the prisoner perfectly well as James Newbound, enrolled in the Deptford district on 13th April, 1869, when he signed this attesta
<lb/>tion paper (
<hi rend="italic">produced</hi>), in which he declares that he is not a member of any other reserve—on his signing that, I paid him 1
<hi rend="italic">l</hi>. 17
<hi rend="italic">s</hi>. the same day—he received 15
<hi rend="italic">s</hi>. a quarter—on 20th January, 1870, he received 15
<hi rend