<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<p>Sessions Paper.</p>
<p>Short-hand Writers to the Court,</p>
<xptr type="pageFacsimile" doc="187209230002"/>
<p>On the Queen's Commission of</p>
<p>The City of London,</p>
<p>OF THE</p>
<p>Held on Monday, September 23rd, 1872, and following days,</p>
<hi rend="smallCaps">BEFORE THE RIGHT HON. SIR</hi>
<hi rend="largeCaps">SILLS JOHN GIBBONS</hi>,
<hi rend="smallCaps">BART</hi>.,
<hi rend="largeCaps">LORD MAYOR</hi> of the City of London; The Hon. Sir
<hi rend="smallCaps">
<persName id="t18720923-name-1" type="judiciaryName">
<interp inst="t18720923-name-1" type="gender" value="male"/>
<interp inst="t18720923-name-1" type="surname" value="LUSH"/>
<interp inst="t18720923-name-1" type="given" value="ROBERT"/>ROBERT LUSH</persName> </hi>, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; The Hon. Sir
<hi rend="smallCaps">
<persName id="t18720923-name-2" type="judiciaryName">
<interp inst="t18720923-name-2" type="gender" value="male"/>
<interp inst="t18720923-name-2" type="surname" value="CLEASBY"/>
<interp inst="t18720923-name-2" type="given" value="ANTHONY"/>ANTHONY CLEASBY</persName> </hi>, Knt., one of the Barons of Her Majesty's Court of Exchequer;
<hi rend="smallCaps">
<persName id="t18720923-name-3" type="judiciaryName">
<interp inst="t18720923-name-3" type="gender" value="male"/>
<interp inst="t18720923-name-3" type="surname" value="CARTER"/>
<interp inst="t18720923-name-3" type="given" value="SAMUEL"/>SAMUEL CARTER</persName> </hi>, Esq., F. S.A.,
<hi rend="smallCaps">THOMAS QUESTED FINNIS</hi>, Esq.,
<hi rend="smallCaps">
<persName id="t18720923-name-4" type="judiciaryName">
<interp inst="t18720923-name-4" type="gender" value="male"/>
<interp inst="t18720923-name-4" type="surname" value="BESLEY"/>
<interp inst="t18720923-name-4" type="given" value="ROBERT"/>ROBERT BESLEY</persName> </hi>, Esq.,
<hi rend="smallCaps">
<persName id="t18720923-name-5" type="judiciaryName">
<interp inst="t18720923-name-5" type="gender" value="male"/>
<interp inst="t18720923-name-5" type="surname" value="LUSK"/>
<interp inst="t18720923-name-5" type="given" value="ANDREW"/>ANDREW LUSK</persName> </hi>, Esq., M.P.,
<hi rend="smallCaps">THOMAS SCAMBLER OWDEN</hi>, Esq., and
<hi rend="smallCaps">CHARLES WHETHAM</hi>, Esq., Aldermen of the said City; Sir
<hi rend="smallCaps">
<persName id="t18720923-name-6" type="judiciaryName">
<interp inst="t18720923-name-6" type="gender" value="male"/>
<interp inst="t18720923-name-6" type="surname" value="CHAMBERS"/>
<interp inst="t18720923-name-6" type="given" value="THOMAS"/>THOMAS CHAMBERS</persName> </hi>, Knt., Q.C., M.P., Deputy Recorder and Common Serjeant of the said City; and
<hi rend="smallCaps">
<persName id="t18720923-name-7" type="judiciaryName">
<interp inst="t18720923-name-7" type="gender" value="male"/>
<interp inst="t18720923-name-7" type="surname" value="KERR"/>
<interp inst="t18720923-name-7" type="given" value="ROBERT MALCOLM"/>ROBERT MALCOLM KERR</persName> </hi>, Esq., LL.D., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.</p>
<hi rend="smallCaps">FRANCIS WYATT TRUSCOTT</hi>, Knt., Alderman.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-8" type="judiciaryName">
<interp inst="t18720923-name-8" type="gender" value="male"/>
<interp inst="t18720923-name-8" type="surname" value="BENNETT"/>
<interp inst="t18720923-name-8" type="given" value="JOHN"/>JOHN BENNETT</persName> </hi>, Knt.</p>
<hi rend="italic">Sheriffs.</hi> </p>
<hi rend="smallCaps">
<persName id="t18720923-name-9" type="judiciaryName">
<interp inst="t18720923-name-9" type="gender" value="male"/>
<interp inst="t18720923-name-9" type="surname" value="CROSLEY"/>
<interp inst="t18720923-name-9" type="given" value="ALEXANDER"/>ALEXANDER CROSLEY</persName> </hi>, Esq.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-10" type="judiciaryName">
<interp inst="t18720923-name-10" type="gender" value="male"/>
<interp inst="t18720923-name-10" type="surname" value="BEARD"/>
<interp inst="t18720923-name-10" type="given" value="THOMAS"/>THOMAS BEARD</persName> </hi>, Esq.</p>
<hi rend="italic">Under-sheriffs.</hi> </p>
<xptr type="pageFacsimile" doc="187209230003"/>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<hi rend="largeCaps">GIBBONS, MAYOR. ELEVENTH SESSION</hi>.</p>
<hi rend="italic">A star</hi> (*)
<hi rend="italic">denotes that prisoners have been previously in custody—two stars</hi> (**)
<hi rend="italic">that they have been more than once in custody—an obelisk</hi> (†)
<hi rend="italic">that they an known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.</hi> </p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Monday, September</hi> 23
<hi rend="italic">rd</hi>, 1872.</p>
<hi rend="italic">Before Mr. Deputy Recorder.</hi> </p>
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<persName id="def1-647-18720923" type="defendantName">
<interp inst="def1-647-18720923" type="gender" value="male"/>
<interp inst="def1-647-18720923" type="age" value="24"/>
<interp inst="def1-647-18720923" type="surname" value="LAKE"/>
<interp inst="def1-647-18720923" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM LAKE</hi> (24)</persName>, was indicted
<rs id="t18720923-647-offence-1" type="offenceDescription">
<interp inst="t18720923-647-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18720923-647-offence-1" type="offenceSubcategory" value="stealingFromMaster"/> for stealing 200
<hi rend="italic">l</hi>., 140
<hi rend="italic">l</hi>., and 205
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., of
<persName id="t18720923-name-12" type="victimName">
<interp inst="t18720923-name-12" type="gender" value="male"/>
<interp inst="t18720923-name-12" type="surname" value="NEWSOM"/>
<interp inst="t18720923-name-12" type="given" value="EDWARD BOWDEN"/>
<join result="offenceVictim" targOrder="Y" targets="t18720923-647-offence-1 t18720923-name-12"/>Edward Bowden Newsom</persName> and others, his masters.</rs> </p>
<hi rend="smallCaps">MESSRS. POLAND</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">DAVIS</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. METCALFE</hi>
<hi rend="italic">the defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18720923-name-13" type="witnessName">
<interp inst="t18720923-name-13" type="gender" value="male"/>
<interp inst="t18720923-name-13" type="surname" value="HOWGATE"/>
<interp inst="t18720923-name-13" type="given" value="JOHN"/>JOHN HOWGATE</persName> </hi>. I am a grocer and tea dealer, of 98, Westbourne Grove—in the year 1871 I had transactions with the prosecutors—on 13th May I paid a cheque of 205
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. to their collector—this is the cheque; it is crossed to the National Bank, and has been returned as paid.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-14" type="witnessName">
<interp inst="t18720923-name-14" type="gender" value="male"/>
<interp inst="t18720923-name-14" type="surname" value="BAIRD"/>
<interp inst="t18720923-name-14" type="given" value="JAMES"/>JAMES BAIRD</persName> </hi>. I am an accountant, in partnership with Mr. Ruther
<lb/>ford, at 39, King William Street, City—we were employed to investigate the books of the firm of Newsom, Burke & Co., wholesale tea dealers, in Great Tower Street—we were first engaged about 13th December, 1871—the books were very much in arrear; they were kept by the prisoner—he was ledger—keeper and cashier—we proceeded to investigate the books the prisoner was present the greater part of the time—I produce the rough cash-book for April last year—I find an entry "April 27, 1871, William Sentence, exchanged 200
<hi rend="italic">l</hi>."—that sum of 200
<hi rend="italic">l</hi>. is not included in the addition of that page; it is struck out, ruled out by two lines; that ruling out is peculiar to that item; that sum does not appear in the fair cash-book—that book is also in the prisoner's handwriting—the ledger con
<lb/>tains no account of Sentence & Co.—on 12th May I find an entry in the rough cash-book of "Sentence & Co., 140
<hi rend="italic">l</hi>."—that is in the prisoner's hand
<lb/>writing; it is ruled out in precisely the same way, and it is omitted in the addition of the money accounted for—there is no entry of it in the fair cash-book, nor is the firm credited with it in the ledger—the entries in the fair cash-book and ledger that day are in the prisoner's writing—the entry is "May 12, William Sentence, see Cartel, 140
<hi rend="italic">l</hi>."—that "see Cartel" refers to the ship by which the teas arrive on 13th May there is an entry in the rough cash-book of "205
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., John Howgate"—that is in the</p>
<xptr type="pageFacsimile" doc="187209230004"/>
<p>prisoner's writing—it is ruled out in the same way, and it is omitted in the addition of the money accounted for—the fair cash-book that day is in the prisoner's writing; it is omitted altogether there, and also in the ledger—I have searched through the books, and can say that those three sums have not been accounted for—I made a balance of the amount of money deficient up to 11th December last year, it was 1230
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>.—I spoke to the prisoner with reference to that balance on 5th June—that amount was pointed out to him, and we asked him to satisfy himself of its correctness, and write in the balance, and he wrote "W. Lake, 1230
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>., to the credit of cash, "remarking "I suppose this is signing my death warrant"—that amount includes the three sums in question.</p>
<hi rend="italic">Cross-examined.</hi> I commenced examining the accounts about 13th December—my partner and I commenced simultaneously, and from that time up to June we have been continually engaged, and also subsequently to 5th June, up to the end of July, the day the prisoner was given into custody—he attended almost daily up to 15th July; he was there that day—I am not aware when Mr. Newsom knew that the prisoner had signed that memorandum—he was absent almost the greater part of the time—Mr. Burke would be aware of it almost immediately, I dare say—there are three partners—I believe Mr. Burke is at the office—he was present at the Police Court—he has not been examined as a witness during these proceed
<lb/>ings—he did not take an active part in superintending the accounts; he placed the accounts in our hands for investigation, and we made our report to the firm—I did not say I told Mr. Burke of this occurrence; no doubt he would be made aware of it, whether by my partner or myself, I am not aware—on all these three occasions the identical cheques were paid into the bank on the respective days—the fair cash-book was very much in arrear; I can't say how much, several months—the rough cash-book was entered up, but never balanced for a good many months; it was net balanced in any way that I could understand—the fair cash-book had not been balanced from the June previous; the ledgers, of course, were cor
<lb/>respondingly in arrear with regard to the cash—I could not tell you how long there had been no entry made from the previous balance—the cash-book appears to have been balanced by Mr. Rutherford; he had audited the accounts up to the previous June—there was no change of partnership at that time—the firm of Newsom, Burke & Co. commenced business on 1st November, 1870, and this book refers alone to their business—there had been an audit or balance since then by my partner—on 30th June, 1871, the cash-book was balanced; there is no signature to it, but I know my partner performed the work previous to my being in partnership—I was not present—I have seen his balance-sheet—I had no concern with it—the prisoner told me that he was going to Yokohama—he did not tell me that his father, at the suggestion of Mr. Burke or Mr. Newsom, had made pre
<lb/>paration for his going there—I did not hear from either Mr. Burke or Mr. Newsom that he had—I suggested some place to him where he could see the Brazilian papers, that was with a view of his obtaining any information he might want—I did not tell him that at New York I should be able to introduce, him to some of my friends—I suggested that I might be able to do so conditionally, upon his satisfying his employers as to the state of his accounts—that was about the end of June—it was after the 15th June when he signed the document which he called his death warrant—I most likely gave him an advertisement of the route—there are entries in the</p>
<xptr type="pageFacsimile" doc="187209230005"/>
<p>cash-book of goods received from his father in respect to this money; they are not the prisoner's entries; they are all subsequent to the signing of the document spoken of—an estimate of the amount has been made—I should say it amounts to between 700
<hi rend="italic">l</hi>. and 800
<hi rend="italic">l</hi>., consisting of tea warrants, policy of insurance, debts owing, and harmoniums, watch and chain, & c.—the entries are Mr. Burke's writing—this (
<hi rend="italic">produced</hi>) is a summary of them; they are all credited; the prisoner was not present at the time they were credited to him; that was prior to his being given into custody.</p>
<hi rend="italic">Re-examined.</hi> These things were credited against the general deficiency—the 1230
<hi rend="italic">l</hi>. does not represent the total deficiency, it would be about 600
<hi rend="italic">l</hi>. more, of this firm alone; there was also a deficiency in the liquidation of the old firm—the 700
<hi rend="italic">l</hi>. or 800
<hi rend="italic">l</hi>. went against his general deficiency—he did not tell me anything about the tea warrants—I find entries in the ledger by the prisoner after April and May, 1871—the books have been balanced once after that date; they could not be correctly balanced, if omissions are made, no one could do so.</p>
<hi rend="largeCaps">CHARLES RUTHERFORD</hi>. I am partner of Mr. Baird—I have been engaged in going through the books of the firm—I had a conversation with the prisoner, about 18th March, as to the subject of his deficiency and the accounts of the firm—a large deficiency had been discovered at that time—Mr. Newsom spoke to him for a very long time in his private room, urging him to confess the deficiency, and so save us further trouble in the investigation—he said "I can't confess because to do so would be to confess to an untruth, and I say in the sight of God, "or "I call God to witness"—I am not sure of the precise words—"I have not had one penny or one farthing of your money"—reference was made to the sums that were then shown as deficient in the cash-book, which amounted to the somewhat singular sum of 1111
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>—that was subsequently corrected, but it forms part of the 1230
<hi rend="italic">l</hi>.—on 8th April, I was present at a further conversation with the prisoner and Messrs. Newsom & Burke, in their private-room—he was asked to account for two specific sums of 45
<hi rend="italic">l</hi>. and 35
<hi rend="italic">l</hi>. paid into the bank—he said "Oh, I can't account for them, for their not being credited; but have you traced the notes?"—he was told there was no use in fencing any longer about it, that Mr. Burke had been to the bank—after a good deal of sparring and fencing the prisoner said "I suppose I must have had the money"—he said "I have securities to a very large amount, I have private property, and I will not only make good the whole amount of my deficiency, but I will pay for the expense of the investigation of the accounts"—he said he had property at Dorking, in the hands of the London and County Bank, which was in the joint names of himself and his uncle, Mr. Kilner—he spoke of his property as about 2000
<hi rend="italic">l</hi>.—on 13th April I saw the prisoner in the presence of his father and Mr. Newsom at his father's house, in Goswell Road, very late in the evening, I believe it was after 12 o'clock—the prisoner had not been at the office for three or four days, and Mr. Newsom and I went to his father's house and saw him there—his father said that he must make restitution of all the property that he could, that he, the father, could not do anything himself, otherwise he would do so; but that his son must give up all the property he had—his father asked him what property he had—he said some tea warrants and some jewellery, and a harmonium there, which he pointed out—his father said "Well, will you give up your watch and chain"—he said yes, he would on Monday—he said "Give it now, "and he took it out of his pocket and handed it to Mr.</p>
<xptr type="pageFacsimile" doc="187209230006"/>
<p>Newsom, who returned it to the father—I said to Mr. Newsom, "I don't think you need have any hesitancy in taking it, seeing his father is willing that you should have it, as it has been purchased with your money, "and Mr. Newsom did keep it—I believe these things were credited at their full value—the prisoner said that on the following Monday he would make out a list of all that he had, and hand it over to Messrs. Newsom & Burke—I believe he did make out a list, and property was given up estimated at 700
<hi rend="italic">l</hi>. or 800
<hi rend="italic">l</hi>.; it has not been realised; that was partly the estimate of the firm and partly ours; as regards the warrants it was the estimate of the firm entirely—the total deficiency in round numbers is, I should say, within tens of pounds of 2000
<hi rend="italic">l</hi>., I mean nearly 2000
<hi rend="italic">l</hi>., of this firm alone, not the old firm.</p>
<hi rend="italic">Cross-examined.</hi> The old firm made a composition—I believe the harmo
<lb/>nium is entered at 9
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>.—I believe that was what it realised—I dont know whether Mr. Burke is here; I have not seen him for some time—he was present at one of the conversations—he did not say in my presence that if the prisoner would hand over what he had they would not take any proceedings against him—I don't know why he is not here—I think Mr. Wontner asked at the Mansion House where Mr. Burke was—I don't think Sir Sidney Waterlow asked for him—Mr. Newsom and I did not go to the prisoner's father to see what we could get; we went to ascertain where he was, and if there was any truth in his statement respecting the private property which he said he had—Mr. Newsom did not in my presence ask the father to insure his life for 1000
<hi rend="italic">l</hi>.; something was said about insuring the father's life or the son's life—it was not said that the prisoner would give up all he had and the father would pay the difference—no doubt the prisoner was to give up all he had; probably it was suggested that he should raise the deficiency among his friends—the list of property we made out amounted to 714
<hi rend="italic">l</hi>.—the whole deficiency was not known at that time; I don't know that we have found out the last item yet—up to 5th June, it was over 1200
<hi rend="italic">l</hi>.—we found out large items after that, before the prisoner was given into custody—he was not assisting me in making up the books on 15th July—he was present, I was not; my partner was—I had audited the accounts up to June, 1871—many of these items would be included in that audit—I looked at the green cash-book; I noticed items struck out, but those were explained—the cash-book was made up to the 30th June—it was not made up subsequently—it was about the end of August that 1 balanced up to 30th June—I saw at the time that I made that audit that the cash-book did not go any further than June—I mentioned it to the firm, and urged upon them and the prisoner that the cash-book should be made-up and balanced monthly, and the prisoner promised that it should be—I found that had not been carried out, and that the firm had not had any balance since June.</p>
<hi rend="italic">Re-examined.</hi> When I audited I relied on the fair cash-book being correct, and also the ledger—I did not go through the rough cash-cook at all; I simply compared, as I was instructed to do, the amounts paid into the bank as shown by the fair cash-book and the banker's pass-book, and they agreed—the books tallied and justified one another—none of the amounts were entered twice over in the rough cash-book—I have gone into the prisoners accounts with the old firm, and found them largely deficient.</p>
<hi rend="largeCaps">EDWARD BOWDEN NEWSOM</hi>. I am a member of the firm of Newsom, Burke & Co., wholesale tea merchants, 5, Great Tower Street, City—the</p>
<xptr type="pageFacsimile" doc="187209230007"/>
<p>prisoner has been in the service of that and the previous firm seven or eight years—at the time he was given into custody, on 15th July, his salary was, I think, 120
<hi rend="italic">l</hi>. a year—he was confidential clerk and ledger-keeper—it was his duty to keep the books, the rough cash-book, the fair cash-book, and the ledger—on the receipt of moneys, he made entries first in the rough cash-book, then in the fair cash-book, and afterwards debited the accounts in the ledger—on 27th April, 1871, 200
<hi rend="italic">l</hi>. was owing to us by Sentence & Co.; on 12th May, 140
<hi rend="italic">l</hi>. by the same firm; and on 13th May, 205
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. by Mr. Howgate—those sums were never accounted for to me by the prisoner—in the beginning of the present year, his books were very much in arrear—I spoke to him on the subject, and accountants were after
<lb/>wards called in to go through the books, the prisoner remaining in our service—in March I had a long conversation with the prisoner, lasting five or six hours; the whole time he strongly asserted his innocence—I pressed him very hard indeed to confess what he had really taken, and be said "I solemnly swear in the sight of God I have not had a farthing, "and I said "If you can say that, you had better leave the place at once"—on 13th April I went with Mr. Rutherford to the prisoner's father's house—I think the prisoner had not been at the office for several days—previous to seeing the prisoner we had an interview with the father, detailing the circumstances of the case, and when the prisoner came in his father interrogated him on the point, and he confessed to having taken the moneys—his father said, "What is this that you have done"—he was rather vague in his answer, and I said "Now, Lake, tell the whole truth"—the exact answer he made I really forget, but he admitted taking the money—the father turned to him and said "Give up that watch"—he said he would do so on Monday; but his father took it from him and handed it to me, and I kept it—he said that he had tea warrants which he would give an account of on Monday, and the father said he should be in attendance on Monday morning to do so—I know of the balance of 1230
<hi rend="italic">l</hi>. being worked out—I was not present when the prisoner made the entry in the book—I found a large number of racing telegrams in his desk—they were produced in Court, but were mislaid—I have looked for them and cannot find them.</p>
<hi rend="italic">Cross-examined.</hi> I discharged him, I think, in March—I can't say the date exactly—it was not before the conversation with his father; I am sure of that—it was before the watch and chain were given up; I don't know whether it was in January, February, March, or April—I don't know whether Mr. Burke is here or not; he is in London—I heard you ask for him on the former trial, and I heard Mr. Wontner ask for him at the Police Court—I don't think Sir Sidney Waterlow asked for him; he asked if he was there—he took an active part in the matter—I am not aware that he made all the entries in this book about the receipt of the property—he received the amounts; I received nothing but the watch and chain and A' ring—the prisoner's father called on me several times—I did not tell him that if it would be any comfort to him and his daughters he might tell them that no proceedings would be taken—something was said about his son going away, and he said to me "Will you get him off?"—I said "I can't say so; but, if he will do his duty now, I will do the best I can with Mr. Burke, but Mr. Burke is determined to prosecute"—I did not say what his duty was, but my idea was that he should show where he had altered the accounts—the circumstances have been much aggravated since—I had not been speaking to the father about the property; I swear that—this</p>
<xptr type="pageFacsimile" doc="187209230008"/>
<p>interview was on the Sunday, as the prisoner said he would bring the list of the property on the Monday—the prisoner remained till 15th July, when he was given into custody—we had then got from him all the property mentioned in this list; I don't know whether it included his school books—Mr. Burke received the property—Mr. Lake's visit to my house was some weeks prior to the prisoner being given into custody—items were being continually found out in the interval—Mr. Rutherford audited the accounts in June, 1871—I don't recollect his telling me that there ought to be a monthly audit; he said the books were not kept up—I did not after that see that they were kept up; I presume Mr. Burke did—I was very much surprised to find they were not kept up—we have always been in the habit of calling in an accountant to audit our books at our half-yearly balance—the fair cash-book should be a copy of the rough—I never looked over it.</p>
<hi rend="italic">Re-examined.</hi> The case has been aggravated since by the finding out of a number of items which have been abstracted, and also by circumstances of detail with regard to what he was doing; one was the fact of his going to the Derby instead of coming to us; and there were other matters which influenced me in giving him into custody.</p>
<hi rend="largeCaps">WELLINGTON MORRIS</hi>. I am cashier to Mr. Sentence, of 92, Great Tower Street—in 1871 our firm had transactions with Newsom, Burke & Co.—on 27th April I paid a cheque of 200
<hi rend="italic">l</hi>. to the firm, and on 12th May I paid a cheque for 140
<hi rend="italic">l</hi>. on the London and Westminster Bank—they have been returned to me paid.</p>
<hi rend="smallCaps">
<rs id="t18720923-647-verdict-1" type="verdictDescription">
<interp inst="t18720923-647-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18720923-647-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs>.</hi> </p>
<hi rend="italic">There was another indictment against the prisoner, for which see page</hi> 356.</p> </div1>
<div1 type="trialAccount" id="t18720923-648">
<interp inst="t18720923-648" type="uri" value="sessionsPapers/18720923"/>
<interp inst="t18720923-648" type="date" value="18720923"/>
<join result="criminalCharge" id="t18720923-648-charge-1" targOrder="Y" targets="def1-648-18720923 t18720923-648-offence-1 t18720923-648-verdict-1"/>
<persName id="def1-648-18720923" type="defendantName">
<interp inst="def1-648-18720923" type="gender" value="male"/>
<interp inst="def1-648-18720923" type="age" value="42"/>
<interp inst="def1-648-18720923" type="surname" value="DAVIS"/>
<interp inst="def1-648-18720923" type="given" value="SIMON"/>
<hi rend="largeCaps">SIMON DAVIS</hi> (42)</persName>, was indicted
<rs id="t18720923-648-offence-1" type="offenceDescription">
<interp inst="t18720923-648-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18720923-648-offence-1" type="offenceSubcategory" value="perjury"/> for wilful and corrupt perjury.</rs> </p>
<hi rend="smallCaps">MR. METCALFE</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. SERJEANT SLEIGH</hi>
<hi rend="italic">with</hi>
<hi rend="smallCaps">MR. BESLIY</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18720923-name-16" type="witnessName">
<interp inst="t18720923-name-16" type="gender" value="male"/>
<interp inst="t18720923-name-16" type="surname" value="BILLINGE"/>
<interp inst="t18720923-name-16" type="given" value="CHARLES EDWARD"/>CHARLES EDWARD BILLINGE</persName> </hi>. I am an officer in the Probate Court—I produce the record in the case of "Davis
<hi rend="italic">v.</hi> Brecknell, "filed on 26th July, 1870—it was tried first on the 8th and 10th February, 1871, and the Jury were discharged—it was tried again on 13th and 14th March, 1872, and a verdict was found for the plaintiff—the record does not mention costs.</p>
<hi rend="italic">Cross-examined.</hi> I don't know that there was a motion made for a new trial and that the motion was refused.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-17" type="witnessName">
<interp inst="t18720923-name-17" type="gender" value="male"/>
<interp inst="t18720923-name-17" type="surname" value="POTTER"/>
<interp inst="t18720923-name-17" type="given" value="JOHN WRIGHT"/>JOHN WRIGHT POTTER</persName> </hi>. I am a solicitor at Rotherham—I have a partner, and we were solicitors for Mr. Brecknell in the suit of Davies
<hi rend="italic">v.</hi> Brecknell—I attended the trial in March, 1872—the defendant appeared as a witness on his own behalf—the oath was administered to him in the ordinary way—he was asked whether in the month of October 1869, he had ever been to the office of Mr. Coward with Mrs. Bailey—he said "I never went with her"—Mrs. Bailey was the lady who made the will—he said he never went at any time—he was asked whether he had been to Mr. Coward's office or not and he said he had not been there—Mr. Coward is a well-known attorney at Rotherham; he has been in practice I should think thirty-five years—he also denied that he gave any instructions about the will to Mr. Coward—the verdict was for the then plaintiff, the present defendant—after the case for the defendant was closed, a witness was called in reply, and there was no opportunity of answering that witness—Mr. Coward and his two clerks gave evidence at the trial in March, 1872—an application was made for a new trial and refused—the property was small, and that was the reason the application was refused—there was a caveat entered after the refusal; it</p>
<xptr type="pageFacsimile" doc="187209230009"/>
<p>was discharged—we entered the caveat, although the verdict was for the present defendant—the costs were refused.</p>
<hi rend="italic">Cross-examined.</hi> My partner and I have been concerned in this matter from the very first, instructed by Mr. Brecknell, against whom the verdict passed—he is now prosecuting this case—at the first trial Mr. Coward did not arrive in time to be examined—the Jury were discharged without a verdict—the matter was re-tried in March, 1872—and then Mr. Coward was there and was examined, and also his two clerks—the Jury found a verdict upholding the will, but to the surprise of every one in Court—the caveat which was entered by me subsequently was discharged by Lord Penzance—I was not there on that occasion, but I was surprised at that—no other caveat was entered after that—I was not in Court when the motion for a new trial was refused—no doubt that refusal surprised me as much as the verdict of the Jury—I felt some disappointment, as most solicitors would do—Mr. Redhead was acting on behalf of a son of Mr. Brecknell—I believe Mr. Bedhead entered a caveat—he is an occasional agent of mine—I pre
<lb/>ferred a charge against the defendant of perjury before Mr. Arnold at the Westminster Police Court—that was in July—I obtained a summons from Mr. Arnold against Davis for perjury—previous to that two attempts had been made to obtain summonses from the justices in Yorkshire—we applied for summonses before the Magistrates at Rotherham—they refused because they thought they had no right to interfere—that was for perjury—the case was inquired into before Mr. Arnold, and Mr. Arnold refused to commit him, and then under the Vexatious Indictment Act, we preferred this in
<lb/>dictment; that followed as a sequence—since Mr. Arnold refused to commit the prosecutor has executed a bill of sale—I object to say whether I have received any money from Mr. Brecknell—he is my client—he is here.</p>
<hi rend="italic">Re-examined.</hi> I have no interest whatever in this will, nor in these pro
<lb/>ceedings—I merely acted as the attorney in execution of my duty, believing it was a
<hi rend="italic">bond fide</hi> case for investigation—I am not well versed in criminal proceedings—the magistrate's clerk told me I had no jurisdiction in York
<lb/>shire—Mr. Arnold knew that the matter had been investigated in the Court of Probate, and he simply declined to commit—I had Brecknell bound over in the ordinary way.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-18" type="witnessName">
<interp inst="t18720923-name-18" type="gender" value="male"/>
<interp inst="t18720923-name-18" type="surname" value="WILLIAMS"/>
<interp inst="t18720923-name-18" type="given" value="JOHN MYDDLETON"/>JOHN MYDDLETON WILLIAMS</persName> </hi>. I live at Rotherham—I am clerk to Mr. Coward, solicitor, of that place—the defendant called at our office in October, 1869, and I have seen him several times since—when he called in October, Mrs. Bailey was with him—Mr. Hoyland, an articled clerk, was also present—Mr. Coward was up stairs in his own room—it would be about the middle of October—Mr. Coward was engaged with a gentleman, and the defendant and Miss. Bailey remained in the office for about twenty minutes or half-an-hour before I went up to Mr. Coward—I had a good opportunity of seeing them during that time—the other clerk was there part of the time—after the gentleman had gone I fetched Mr. Coward down as the old lady was not able to walk up stairs; she was very feeble—Mr. Coward came down and asked their business—Davis said "She has come to make her will; she is to leave all her property to me, and I am to take care of her as long as she lives"—Mr. Coward then asked her whether she had any relations—she made no reply—Davis said she had some relations, but they lived some distance away—Mr. Coward said she was in such an imbecile state that he should decline to make her will; they then left the office—the old lady did not speak at all; she was asked questions, but she appeared to be in a</p>
<xptr type="pageFacsimile" doc="187209230010"/>
<p>perfectly helpless, imbecile state, quite unconscious of anything—it was between 1 and 2 o'clock in the day when they came—the whole con
<lb/>versation took place in my presence—Hoyland heard part, but he went away to his dinner before they left—I have no doubt that the prisoner is the man that came—I never saw either of them before—I saw Davis again at the first trial in Westminster Hall, in February, 1871—when he was at the office he said "I live at Masboro'"—I was present at the trial, but I did not hear him examined—I was not in Court—I have not heard where he lives—he gave his address as Masboro'—he did not say where the old lady lived—I have no interest in this matter—I was merely subpoenaed to prove these facts as the attorney's clerk.</p>
<hi rend="italic">Cross-examined.</hi> I was examined at the trial—I was never asked the question with reference to the defendant having said that he resided at Masboro'—I was examined at the Police Court before Mr. Arnold, but the question was not put to me there—this is the first time I have stated it—I never saw Mr. Davis till I saw him at the office in October, 1869, and I did not see him again till 1871, at Westminster—he described where the property was—it was about the middle of October when they came, it would be before the 21st—I have not heard that Mr. Coward fixed the date as a particular day when one of his articled clerks went to Leeds for the purpose of having his preliminary examination—I came up to London on both trials—I did not hear a person named Salmon examined on the second trial—I saw him there—I know to whom you refer—he was a client of Mr. Coward's—he had been to Mr. Coward's on one or two occasions—I was asked whether he had ever been to Mr. Coward's office, and I said he had been on other business—I was not asked whether I had made a mistake, and that the person who brought the old lady was Salmon, and not the defendant—Salmon was brought into Court, and I was asked whether I had seen him before, and I said yes, that I knew him well—Davis was not asked to stand up—I was asked whether I had seen Davis, and I said "Yes," but he was not put up in the Court before me—Mr. Coward came down to the office to see the prisoner and the old lady—Hoyland was there when Mr. Coward came down—the old lady seemed unable to speak, and to all appearance unconscious—she did not reply to any questions.</p>
<hi rend="italic">Re-examined.</hi> Salmon is not at all like Davis—Salmon was called as a witness on the second trial—I saw him when he was called for me to recognise him, but I was not there when he was examined—we keep a call-book, but I did not enter the names of the persons—the man gave the name of Davis.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-19" type="witnessName">
<interp inst="t18720923-name-19" type="gender" value="male"/>
<interp inst="t18720923-name-19" type="surname" value="COWARD"/>
<interp inst="t18720923-name-19" type="given" value="CHARLES LEACH"/>CHARLES LEACH COWARD</persName> </hi>. I am an attorney and solicitor, living at Rotherham, where I have practised twenty-six years—I have no interest of any kind in the will nor the slightest connection with Mr. Potter—I am subpoenaed here very much against my will—I remember a woman being brought to my office by a man, and in answer to my question as to who they were, the man represented her as Mrs. Bailey—I don't know the man, and have no belief who that man was—my clerk, Mr. Williams, fetched me down from my office; I went down and inquired what they came about, and the man said she had come to make a will—I said "Has she any relations or friend?"—I really can't say what he said, but it was to the effect that she had a son or a grandson, but they did not live in their part; that they had
<hi rend="italic">turned her up</hi>, meaning she had been abandoned; that he had agreed to take the old lady and keep her at his house while she lived, and she was</p>
<xptr type="pageFacsimile" doc="187209230011"/>
<p>to leave him what she had—I spoke to the old lady, she seemed to take no notice—she sat in an arm-chair, and appeared to be unconscious—the man told me she was deaf—I shouted to her very loudly; she opened her eyes, but I could not get a word from her—I refused to make the will—the man told me her name was Mrs. Bailey and she was a widow, and that his name was Davis, at least I so understood it—the property was represented to be near Birmingham, and something was said about incumbrances being upon it—if we had done any business, an entry would have been made.</p>
<hi rend="italic">Cross-examined.</hi> The clerk would have made an entry if any business had been transacted—I believe the man said his name was Davis—I heard no other name; except that the name of Davis was made use of, my mind is a blank—I asked the parties who they were, the man answered "Her name is Mrs. Bailey, and my name is Davis"—Williams, Mr. Hoyland, and I another think clerk were there—Mr. Hoyland is here—the other clerk is not, that I know of—this matter was not called to my attention in any shape or form for eighteen months afterwards—I did not say that it occurred on a day when my clerk went to Leeds to pass his examination—I did not get to the Court in time at the first trial—I arrived just as Lord Penzance had commenced summing-up—the Jury retired to deliberate, and during that time I was in conversation with some of the counsel, and Dr. Tristram asked me if I thought I could fix the date, and I said it was some time about when Mr. Hoyland was going up for his examination—I have not since found out that that was on 28th October—I have not investigated the case at all—I was in time for the second trial, and I was also before the Magistrate.</p>
<hi rend="italic">Re-examined.</hi> It certainly was not Salmon I saw—I know him well.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-20" type="witnessName">
<interp inst="t18720923-name-20" type="gender" value="male"/>
<interp inst="t18720923-name-20" type="surname" value="HOYLAND"/>
<interp inst="t18720923-name-20" type="given" value="CHARLES HUGH"/>CHARLES HUGH HOYLAND</persName> </hi>. I live at Rotherham—I am articled to Mr. Coward—I was clerk there in October, 1869—I remember an old lady calling; she seemed very infirm and old—a man called Davis was with her; the prisoner is the man, I am certain—I was present when they first came in—I heard that the woman had come to make her will, and that she was to leave all to Davis—the woman did not speak at all—the man gave her name as Bailey, and his own as Davis—I went to my dinner then—they had gone when I came back—it was somewhere about the middle of October—I can't fix it nearer—I have no interest in the will—I am subpoenaed to come here.</p>
<hi rend="italic">Cross-examined.</hi> I had never seen the persons before in my life—I did not see Davis for nearly eighteen months afterwards—I was not examined at the first trial, but I saw him in Rotherham after the first trial—I don't know Salmon by sight—my preliminary examination was about 28th October—that was the way I fixed October, because I knew it was about a fortnight before I went up—I knew it was prior to that.</p>
<hi rend="italic">Re-examined.</hi> I saw Salmon at the trial in the Probate Court—he cer
<lb/>tainly was not the person; he is not like Davis.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-21" type="witnessName">
<interp inst="t18720923-name-21" type="gender" value="male"/>
<interp inst="t18720923-name-21" type="surname" value="BRECKNELL"/>
<interp inst="t18720923-name-21" type="given" value="WILLIAM"/>WILLIAM BRECKNELL</persName> </hi>. I live at Rotherham—the old lady, Mrs. Bailey, was my grandmother—I was her only grandson—my mother was the only surviving child, but she gave it into my hands—I did not know Davis before I came home from Australia, on 8th May, 1869—I got acquainted with him—he was merely a friend of the old lady's, as far as I can understand—she wrote to me three times while I was in Australia, and wished me to come over—Davis was no relation at all—the property was worth 500
<hi rend="italic">l</hi>. or 600
<hi rend="italic">l</hi>.</p>
<hi rend="italic">Cross-examined.</hi> I resided in Yorkshire after I came back, and the old lady lived with me about two months—I fetched her from Stafford shire—</p>
<xptr type="pageFacsimile" doc="187209230012"/>
<p>she left me—she made complaints, but I don't know that she had anything to say against me—she got very discontented; she went to live with some one else before she went to Davis—she had been living with Davis some months before her death—they used to come when I was not at home, and try and entice her away—they never came when I was at home—I have been examined on all the trials—the Jury heard me and Mr. Davis and every one else, and found a verdict against me, but they did not hear Mr. Salmon until after every one else was heard—I appeared at the Westminster Police Court to prosecute Davis—I was not satisfied at the Magistrate dismissing the case—I don't wish to inform you what amount of money I have paid for conducting this prosecution—I am not supposed to answer what takes place between my solicitor and me—I know a person of the name of Rice—I have not told him that I had made a bill of sale for the purpose of securing my property, and that the moment this was over I intended to go to America or back to Australia—I did not tell him I had taken care to secure my pro
<lb/>perty by giving a bill of sale, because I had no property to secure—I decline to say how much I have paid my attorneys—I have paid them something.</p>
<hi rend="italic">Re-examined.</hi> The attorney who conducted the case in the Probate Court on the other side is the gentleman who is now defending Mr. Davis—the old lady told me she had made the will in my favour—she did not mention any other will whatever—that was while she was living with me—I heard Davis examined and Mr. Edwards, the attorney—I heard Davis say in the Court that Mr. Edwards made the will.</p>
<hi rend="italic">Witnesses for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18720923-name-22" type="witnessName">
<interp inst="t18720923-name-22" type="gender" value="male"/>
<interp inst="t18720923-name-22" type="surname" value="EDWARDS"/>
<interp inst="t18720923-name-22" type="given" value="FREDERICK"/>FREDERICK EDWARDS</persName> </hi>. I was in partnership with Mr. Marsh, as solicitors, in 1869—in October, 1869, I saw Mrs. Bailey—she came to my office with the present defendant and Mr. Eyre—she seemed to me to be in a tolerably good state of health for an old lady—she understood perfectly everything I said to her—I put questions to her—I should say that she was then per
<lb/>fectly sane—she mentioned the name of Mr. Eyre, who was to be a witness—she said that he was a friend of hers, and had come with her to witness the will—I had previously suggested that one of my clerks should witness it with myself—she said Mr. Eyre had come on purpose—I read the will over to her—I had previous instructions for it—she actually executed it on Tuesday,. 26th October, and I and Mr. Eyre witnessed it—I read it over carefully, and asked her if she understood, and she said she understood very well—she died in the following February, 1870—I did not see her again before her death—we have been concerned for the present defendant in all his proceedings—we did not think the property worth more than 300
<hi rend="italic">l</hi>. or 400
<hi rend="italic">l</hi>.—there have been considerable costs in the litigation—Brecknell has not paid the costs that we have against him—I attended before Mr. Arnold, the Magistrate—he did not require any evidence for the defence—he dis
<lb/>missed the case without hearing any witnesses for the defence—he heard all the witnesses for the prosecution.</p>
<hi rend="italic">Cross-examined.</hi> I carry on business at Rotherham now, about 100 yards from Mr. Coward, at that time next door—Davis came with the old lady on 26th October, the day the will was executed—she executed it shortly after she came in—Davis came on Monday, the 25th, and brought with him an old will, dated, I believe, May, 1869, made in favour of Mr. Brecknell, and wished me to make another, and I told him to bring the old lady the next day—I told him as she was going to leave her property away from her grandson, I should prefer to see her before making the will—he</p>
<xptr type="pageFacsimile" doc="187209230013"/>
<p>said, "I want you to prepare a will in my favour, as Mrs. Bailey wishes to leave her property to me"—he said he was living at that time in Victoria Street, Masboro'; that is a part of Rotherham—I saw from the will where the property was situate—the next day, he came with the old lady and Mr. Eyre—the old lady was advanced in years—I guessed her to be about sixty—I am not aware that she was seventy-two when she died—I could not say whether she was seventy-two or sixty—she was not more feeble than I should have expected—she walked up two or three steps to the office—I found her in an easy chair in the office, and, as the will was there, I thought she might sign it there instead of taking her up stairs—I had had a draft made out merely altering the name—I did not hear it proved that she was seventy-two—I should guess she was sixty, and I say the same now—I did not gay that there was no one with her; on the contrary, I said that Mr. Eyre, Mr. Davis, and Mrs. Bailey were in my office when I came from Sheffield—that would be a little after 5 o'clock—the will was engrossed—when I got back to the office I understood she had been there some ten minutes or quarter of an hour—a fresh draft of the will was drawn, the original is in the Principal Registry—I can't tell you where the first will is—it was in the Probate Court—what has become of it now, I don't know—the will that was proved is of course in the Principal Registry.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-23" type="witnessName">
<interp inst="t18720923-name-23" type="gender" value="male"/>
<interp inst="t18720923-name-23" type="surname" value="EYRE"/>
<interp inst="t18720923-name-23" type="given" value="EDWIN"/>EDWIN EYRE</persName> </hi>. I am foreman at Messrs. Brown's Ironworks at Rotherham—I knew Mrs. Bailey eighteen or twenty years before her death—I remember her taking a place in Victoria Street and going to live with Davis, the present defendent—I was with them when they went to take the house—I could not say what month it was, but four or five months perhaps before her death—I recollect going to Mr. Edwards' office—Mr. Davis asked me to go—the old lady was living at Park Gate then—I remember signing the will—she was there—I went with her and Mr. and Mrs. Davis from Masboro'—we all went to the lawyer's on that day—the old lady seemed all right then—I witnessed the will—I saw her several times after that—I remember hearing of Mrs. Davis' children being burnt—I did not see the old lady after that—I don't know what state she was in just before her death—I saw her several times in fair health after she had signed the will, and she was then living at Davis' house—she seemed all right then—I have talked to her several times, but not about her property.</p>
<hi rend="italic">Cross-examined.</hi> I am a shingler by trade—I knew Davis by working at the works—Davis took the house, and Mrs. Bailey went to live there—she was living before at Park Gate, and Davis' house was in Victoria Street, Masboro'—I am not sure when she went to live with him but they were both living there in October in the same house—I knew of Davis going on the Monday—I did not know that she was going to make a will in his favour before that—he was seventy-two when she died—she appeared to be getting on in years—she was rather feeble—I can't say whether she had any difficulty in walking up stairs—I never saw her go up stairs—she had to go upstairs to bed of course; I know they had no beds down stairs—I got nothing out of the will, nor from Davis—I did not want anything—I shall get paid for my time coming here—I was paid for my time at the Probate Court—I went there twice—Davis asked me who was a likely gentleman to make a will, and I told him Mr. Edwards—that was on the Monday—he did not tell me he had tried any other lawyer—I</p>
<xptr type="pageFacsimile" doc="187209230014"/>
<p>did not lead the old lady, she walked with Mrs. Davis—I don't think she took any one's arm—she appeared to walk as well as me.</p>
<hi rend="italic">Re-examined.</hi> I recommended Mr. Edwards because I had heard him in the County Court.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-24" type="witnessName">
<interp inst="t18720923-name-24" type="gender" value="male"/>
<interp inst="t18720923-name-24" type="surname" value="ABSON"/>
<interp inst="t18720923-name-24" type="given" value="JOSEPH"/>JOSEPH ABSON</persName> </hi>. I am a publican at Wentworth—I knew the late Mrs. Bailey well—I knew her for twenty years before her death—I saw her from time to time during the last years of her life—she was able to manage, her affairs in October, 1869—I have lent her money many a time, and have had conversations with her—I knew her living with Mr. and Mrs. Davis and also with Brecknell—before the will was made I heard her express an intention with regard to Mr. Davis; more than 20 times—I saw her from time to time in October and after October—I saw her a few weeks before she died—she had failed very much then—she was a remarkably active woman for her years, but she did not exactly know her own age.</p>
<hi rend="italic">Cross-examined.</hi> Perhaps she might be 72, at least she said to us she did not know her own age.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-25" type="witnessName">
<interp inst="t18720923-name-25" type="gender" value="male"/>
<interp inst="t18720923-name-25" type="surname" value="POLLARD"/>
<interp inst="t18720923-name-25" type="given" value="WILLIAM"/>WILLIAM POLLARD</persName> </hi>. In 1869 I was clerk to Messrs. Marsh and Edwards, solicitors at Rotherham—on Tuesday, 26th October, 1869, I remember the defendant, Mrs. Bailey, and Mr. Eyre coming to the office and a will being executed by the old lady—Mr. Edwards was not in when they arrived, but came shortly afterwards—the old lady entered into rational conversation; she thoroughly understood what was said to her, and replied like any other rational sound-minded person—she thoroughly understood and replied to questions that were put to her by Mr. Edwards before the will was executed—I heard Mr. Edwards read it over to her and ask her if she understood it—she said that she did understand it—on Friday, February 18th, 1870, about noon, I had occasion to go to Doncaster, and was at the railway sta
<lb/>tion at Masboro'—I there saw an old lady in the waiting-room, and several women round her talking to her—I did not recognise her then, but I afterwards found that It was Mrs. Bailey—she seemed to be in a very weak state physi
<lb/>cally, and incapable of sustaining any rational conversation—she was unable to reply to questions clearly as to where she wanted to go—she rambled something about having come from Park Gate, and wanting to go home—she was feeble and not very coherent.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-26" type="witnessName">
<interp inst="t18720923-name-26" type="gender" value="male"/>
<interp inst="t18720923-name-26" type="surname" value="TURNER"/>
<interp inst="t18720923-name-26" type="given" value="WILLIAM"/>WILLIAM TURNER</persName> </hi>. In October, 1869, I was in the employment of Messrs. Marsh and Edwards—I was present when the old lady was there signing the will—she was rational and understood what was said to her—I am now employed in the Post Office at Rotherham.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-27" type="witnessName">
<interp inst="t18720923-name-27" type="gender" value="male"/>
<interp inst="t18720923-name-27" type="surname" value="SALMON"/>
<interp inst="t18720923-name-27" type="given" value="THOMAS"/>THOMAS SALMON</persName> </hi>. I live at Park Gate, and am a moulder—I was examined at the trial in the Probate Court in March this year—on a Friday in Febru
<lb/>ary, 1870, I saw Mrs. Bailey at the Masboro' Railway Station—it was three or four days before her death—she seemed very weak and feeble—I went with her to Mr. Coward's office—she said to me "I am so glad to see you Mr. Salmon; I shall come to your house, and I will live and die with you, and what I have got you shall have, and I will go to Mr. Coward's office to make the will, "and we went direct from there to Mr. Coward's—we walked there—it was about 1 o'clock when we got there; it was something like a mile—she walked there with me—I went in there, and told William the clerk what I had got to do—he told us to sit down, and the old lady sat down in the chair—Mr. Coward was engaged, some gentleman was with him—we waited some twenty minutes, and when this gentleman came down I went up to see Mr. Coward—he said "Salmon, I advise you to have</p>
<xptr type="pageFacsimile" doc="187209230015"/>
<p>nothing to do with it, "and I am very glad that I took his advice and had nothing to do with it—when we came down, the old lady was dozing to sleep like—she went with me to the College Inn—she wanted some re
<lb/>freshment and I gave her some, and I took a cab and took her to Park Gate, to my son-in-law's, and she slept there—she got a little worse next day, and I got an order and took her to the workhouse on the Saturday night—I heard of her death on the Wednesday, as she died on the Tuesday—I left the neighbourhood before I knew of any dispute about the property, and resided at Darlington—I was there twelve months, and then came back to Rotherham, when I was asked to give evidence on the case; that was after the first trial—I gave ray evidence in the Probate Court last March—I went to Mr. Edwards first—I had not heard anything about the old lady going to Mr. Coward's office until I was at Mr. Edwards'—it was not about the will that I went to him, but on other business, and he asked me to come to give evidence.</p>
<hi rend="italic">Cross-examined.</hi> I think I was the last witness in the case—it was on the Friday before her death that I went with her to Mr. Coward's—she had not any home then—I picked her up at the railway station, knowing her so well—she said she was turned out altogether, and clung round me and would not loose me—she had not been drinking—she looked as if she wanted some one to take care of her—Mr. Coward knew me well; he had done business with me—I did not say my name was Davis; I did not know Davis at that time—I was then residing at Park Gate; that is not at Masboro'—I did not say that I was living at Masboro'—I went up stairs into Mr. Coward's room—a clerk showed me up—I can't say positively whether it was a younger clerk or whether it was William, that is Mr. Williams (
<hi rend="italic">pointing him out</hi>)—I can't speak to the other gentlemen—I knew Mr. Williams perfectly well by going there to do business—I got paid for going to the Probate Court—I expect to be paid for coming here—I was paid 3
<hi rend="italic">l</hi>. something for going to the Probate Court, besides my expenses—I am a moulder, and get 10
<hi rend="italic">s</hi>. a day.</p>
<hi rend="italic">Re-examined.</hi> I was four days earning the 4
<hi rend="italic">l</hi>.—that is all the money I have had for coming up as a witness—when I went up stairs to see Mr. Coward, the old lady sat down in the arm-chair by the fire—she did not go up—I can't say where she was living at that time, somewhere in Stone Row, I think—I took her to my son-in-law after leaving Mr. Coward's—she had not lived with my son-in-law before that.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Where was it that Mr. Coward said to you "I advise you to have nothing to do with it?"
<hi rend="italic">A.</hi> Up stairs, before he had seen the old lady—I don't know whether he came down or not—he did not come down and ask her any questions and see what condition she was in—it was on my own statement that he said "I advise you to have nothing to do with it"—I did not know at that time that she had made a will in favour of her grandson—I did not produce any will made in 1869, no document of any kind.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-28" type="witnessName">
<interp inst="t18720923-name-28" type="gender" value="male"/>
<interp inst="t18720923-name-28" type="surname" value="GARNER"/>
<interp inst="t18720923-name-28" type="given" value="GEORGE"/>GEORGE GARNER</persName> </hi>. In February, 1870, I was booking clerk at the Masboro' Station—I remember seeing an old lady there—she came to me at the booking-office window and asked for a ticket to Smethirk—I did not know her then, but I have since ascertained she was Mrs. Bailey—Salmon came up while she was speaking to me—I heard him say "If you will make the will over to me, I will keep you comfortable for life; if you don't, you will have to go to the workhouse"—I should say he was a</p>
<xptr type="pageFacsimile" doc="187209230016"/>
<p>quarter of an hour or twenty minutes making this proposal to her—she said she could not do it, that a party of the name of Davis had her papers, and she could not alter her will—shortly after they left the station together—it was somewhere about 1 o'clock—I am now station-master at Guide Bridge.</p>
<hi rend="smallCaps">MR. COWARD</hi> (
<hi rend="italic">re-examined</hi>). I know Salmon—it is not true that he came in February with the old lady and came up into my room—he never came up into my room, nor Davis either, and never made any proposal about her will—I only bad one such interview.</p>
<hi rend="smallCaps">J. M. WILLIAMS</hi> (
<hi rend="italic">re-examined</hi>). It is not true that Salmon came in February with Mrs. Bailey and saw me—I never saw anyone about her will except Davis, who came with her in October.</p>
<hi rend="smallCaps">C. H. HOYLAND</hi> (
<hi rend="italic">re-examined</hi>). I was at the office in February—I did not see anything of Salmon with Mrs. Bailey—I know Salmon since.</p>
<hi rend="smallCaps">
<rs id="t18720923-648-verdict-1" type="verdictDescription">
<interp inst="t18720923-648-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720923-648-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18720923-648-punishment-1" type="punishmentDescription">
<interp inst="t18720923-648-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t18720923-648-punishment-1" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-648-18720923 t18720923-648-punishment-1"/>Twelve Months Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18720923-649">
<interp inst="t18720923-649" type="uri" value="sessionsPapers/18720923"/>
<interp inst="t18720923-649" type="date" value="18720923"/>
<join result="criminalCharge" id="t18720923-649-charge-1" targOrder="Y" targets="def1-649-18720923 t18720923-649-offence-1 t18720923-649-verdict-1"/>
<persName id="def1-649-18720923" type="defendantName">
<interp inst="def1-649-18720923" type="gender" value="male"/>
<interp inst="def1-649-18720923" type="age" value="41"/>
<interp inst="def1-649-18720923" type="surname" value="SAFFORY"/>
<interp inst="def1-649-18720923" type="given" value="WILLIAM"/>
<interp inst="def1-649-18720923" type="occupation" value="post office worker"/>
<hi rend="largeCaps">WILLIAM SAFFORY</hi> (41)</persName>
<rs id="t18720923-649-offence-1" type="offenceDescription">
<interp inst="t18720923-649-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18720923-649-offence-1" type="offenceSubcategory" value="mail"/>,
<hi rend="smallCaps">
<rs id="t18720923-649-verdict-1" type="verdictDescription">
<interp inst="t18720923-649-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720923-649-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to stealing, whilst employed in the Post Office, a post letter containing 114 postage stamps, the property of
<persName id="t18720923-name-30" type="victimName">
<interp inst="t18720923-name-30" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18720923-649-offence-1 t18720923-name-30"/>Her Majesty's Postmaster-General</persName> </rs>
<hi rend="italic">
<rs id="t18720923-649-punishment-2" type="punishmentDescription">
<interp inst="t18720923-649-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18720923-649-punishment-2" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-649-18720923 t18720923-649-punishment-2"/>Five Years' Penal Servitude.</rs> </hi> And</p> </div1>
<div1 type="trialAccount" id="t18720923-650">
<interp inst="t18720923-650" type="uri" value="sessionsPapers/18720923"/>
<interp inst="t18720923-650" type="date" value="18720923"/>
<join result="criminalCharge" id="t18720923-650-charge-1" targOrder="Y" targets="def1-650-18720923 t18720923-650-offence-1 t18720923-650-verdict-1"/>
<persName id="def1-650-18720923" type="defendantName">
<interp inst="def1-650-18720923" type="gender" value="male"/>
<interp inst="def1-650-18720923" type="age" value="26"/>
<interp inst="def1-650-18720923" type="surname" value="KING"/>
<interp inst="def1-650-18720923" type="given" value="WILLIAM"/>
<interp inst="def1-650-18720923" type="occupation" value="post office worker"/>
<hi rend="largeCaps">WILLIAM KING</hi> (26)</persName>
<rs id="t18720923-650-offence-1" type="offenceDescription">
<interp inst="t18720923-650-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18720923-650-offence-1" type="offenceSubcategory" value="mail"/>, to unlawfully delaying and opening certain letters whilst employed in the Post Office—</rs>
<rs id="t18720923-650-punishment-3" type="punishmentDescription">
<interp inst="t18720923-650-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18720923-650-punishment-3" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-650-18720923 t18720923-650-punishment-3"/>
<hi rend="italic">Eighteen Months' Imprisonment.</hi> </rs>
<rs id="t18720923-650-verdict-1" type="verdictDescription">
<interp inst="t18720923-650-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720923-650-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.
<hi rend="italic">Monday, September</hi> 23
<hi rend="italic">rd</hi>, 1872.</p>
<hi rend="italic">Before Robert Malcolm Kerr, Esq.</hi> </p>
<div1 type="trialAccount" id="t18720923-651">
<interp inst="t18720923-651" type="uri" value="sessionsPapers/18720923"/>
<interp inst="t18720923-651" type="date" value="18720923"/>
<join result="criminalCharge" id="t18720923-651-charge-1" targOrder="Y" targets="def1-651-18720923 t18720923-651-offence-1 t18720923-651-verdict-1"/>
<persName id="def1-651-18720923" type="defendantName">
<interp inst="def1-651-18720923" type="gender" value="male"/>
<interp inst="def1-651-18720923" type="age" value="22"/>
<interp inst="def1-651-18720923" type="surname" value="CATTERMOLE"/>
<interp inst="def1-651-18720923" type="given" value="GEORGE SAMUEL"/>
<hi rend="largeCaps">GEORGE SAMUEL CATTERMOLE</hi> (22)</persName>
<rs id="t18720923-651-offence-1" type="offenceDescription">
<interp inst="t18720923-651-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18720923-651-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">
<persName id="t18720923-name-33" type="witnessName">
<interp inst="t18720923-name-33" type="gender" value="male"/>
<interp inst="t18720923-name-33" type="surname" value="MICHELE"/>
<interp inst="t18720923-name-33" type="given" value="DE"/>MR. DE MICHELE</persName> </hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18720923-name-34" type="witnessName">
<interp inst="t18720923-name-34" type="gender" value="female"/>
<interp inst="t18720923-name-34" type="surname" value="HOY"/>
<interp inst="t18720923-name-34" type="given" value="HELOISE"/>HELOISE HOY</persName> </hi>. I am barmaid at the Victoria Station—on 23rd August, about 7.30, I served the prisoner with 3
<hi rend="italic">d</hi>. worth of brandy—he tendered this sovereign (
<hi rend="italic">produced</hi>)—I suspected it from its lightness, and took it to the barman, who told me it was bad—I sent for the manager, and before he came the prisoner left the bar without his change—he had asked for it twice, but I had not given it to him—I called after him, but he did not come back—I gave directions to Wybrow, who followed him.</p>
<hi rend="italic">Prisoner.</hi> When I tendered the sovereign you looked at it, and bounced it up two or three times?
<hi rend="italic">A.</hi> Yes; you asked for your change, and I told you to wait a minute—the booking office where you were standing in custody was about five feet from the bar.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-35" type="witnessName">
<interp inst="t18720923-name-35" type="gender" value="male"/>
<interp inst="t18720923-name-35" type="surname" value="WYBROW"/>
<interp inst="t18720923-name-35" type="given" value="ROBERT"/>ROBERT WYBROW</persName> </hi>. I am a barman—on 24th August I was at Victoria Station, and, in consequence of what the last witness said, I went after the prisoner, and saw him in the booking office—I said "You want change for a sovereign?—he said "I don't want any change"—I said "You have been in the bar and had some refreshment?—he said "Yes, but I don't want any change"—I had got this counterfeit sovereign in my hand, and said "If you will come with me, I will get you change"—he said "I don't want any change"—he repeated that two or three times—I left him in Mr. Sweeting's charge, with the sovereign.</p>
<hi rend="italic">Prisoner.</hi> Did not I say I want the change for my sovereign?
<hi rend="italic">A.</hi> No—you were not very greatly excited; you were cool and collected.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-36" type="witnessName">
<interp inst="t18720923-name-36" type="gender" value="male"/>
<interp inst="t18720923-name-36" type="surname" value="SWEETING"/>
<interp inst="t18720923-name-36" type="given" value="HENRY FREDERICK"/>HENRY FREDERICK SWEETING</persName> </hi>. I live at Balham, and am manager of</p>
<xptr type="pageFacsimile" doc="187209230017"/>
<p>this business—on 24th August I was in the principal bar, and saw the prisoner with Wybrow—I said to the prisoner "Where did you get this sovereign?"—he said "I got it at Croydon"—I said "Have you got any more like it?—he said "No; give it to me, give it to me"—I said "No."</p>
<hi rend="smallCaps">
<persName id="t18720923-name-37" type="witnessName">
<interp inst="t18720923-name-37" type="gender" value="male"/>
<interp inst="t18720923-name-37" type="surname" value="BARRY"/>
<interp inst="t18720923-name-37" type="given" value="EDWARD"/>EDWARD BARRY</persName> </hi> (
<hi rend="italic">Policeman B</hi> 332). Sweeting gave me this sovereign, and pointed out the prisoner—I took him in custody—I had the sovereign in my hand—he said "I did not think it was bad; I took it at Croydon races"—I found on him 2
<hi rend="italic">s</hi>. 7 1/2
<hi rend="italic">d</hi>.—on the way to the station he said "Will you let me have a glass of ale?"—I said "No, I must not"—he said "You are a very bad man if you don't, because I know I shall not come out"—I asked him what he meant—he made no reply.</p>
<hi rend="italic">Prisoner.</hi> How is it you did not say that on the first hearing?
<hi rend="italic">A.</hi> I did not think it absolutely necessary—I have not said it to make the case stronger against you—you said it in the presence of the last witness.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-38" type="witnessName">
<interp inst="t18720923-name-38" type="gender" value="male"/>
<interp inst="t18720923-name-38" type="surname" value="WEBSTER"/>
<interp inst="t18720923-name-38" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This is a bad sovereign.</p>
<hi rend="italic">Prisoner's Defence.</hi> I received the sovereign for a bet at Croydon races. I had been drinking a good deal. I waited four minutes for the change, which I should not have done had I known the coin was bad.</p>
<hi rend="italic">The prisoner received a good character.</hi> </p>
<rs id="t18720923-651-verdict-1" type="verdictDescription">
<interp inst="t18720923-651-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720923-651-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">Recommended to mercy by the Jury on account of his character</hi> </rs>
<hi rend="italic">
<rs id="t18720923-651-punishment-4" type="punishmentDescription">
<interp inst="t18720923-651-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18720923-651-punishment-4" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-651-18720923 t18720923-651-punishment-4"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18720923-652">
<interp inst="t18720923-652" type="uri" value="sessionsPapers/18720923"/>
<interp inst="t18720923-652" type="date" value="18720923"/>
<join result="criminalCharge" id="t18720923-652-charge-1" targOrder="Y" targets="def1-652-18720923 t18720923-652-offence-1 t18720923-652-verdict-1"/>
<persName id="def1-652-18720923" type="defendantName">
<interp inst="def1-652-18720923" type="gender" value="female"/>
<interp inst="def1-652-18720923" type="age" value="35"/>
<interp inst="def1-652-18720923" type="surname" value="CLARIDGE"/>
<interp inst="def1-652-18720923" type="given" value="CATHERINE"/>
<hi rend="largeCaps">CATHERINE CLARIDGE</hi> (35)</persName>, was indicted
<rs id="t18720923-652-offence-1" type="offenceDescription">
<interp inst="t18720923-652-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18720923-652-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<hi rend="smallCaps">MESSRS. COLERIDGE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">DE MICHELE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18720923-name-40" type="witnessName">
<interp inst="t18720923-name-40" type="gender" value="female"/>
<interp inst="t18720923-name-40" type="surname" value="BARNETT"/>
<interp inst="t18720923-name-40" type="given" value="MARY ANN"/>MARY ANN BARNETT</persName> </hi>. I am the wife of Henry Charles Barnett, a frame maker—on 28th August the prisoner, who owed me 12
<hi rend="italic">s</hi>., gave me 2
<hi rend="italic">s</hi>. of it—I put one shilling on the shelf, and went out and bought some things with the other—in the afternoon I went to change the other shilling, and found it was bad—I went to the prisoner's house, but she was not at home—I afterwards saw her at the station, and charged her—she said that she was not aware of it—do not know whether the other shilling was bad; I passed that.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-41" type="witnessName">
<interp inst="t18720923-name-41" type="gender" value="male"/>
<interp inst="t18720923-name-41" type="surname" value="BLAY"/>
<interp inst="t18720923-name-41" type="given" value="FREDERICK"/>FREDERICK BLAY</persName> </hi>. I am barman at the "Corner Pin, "Goswell Street—on 28th August the last witness gave me a bad shilling—I gave it to my master, and afterwards gave it back to the prisoner.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-42" type="witnessName">
<interp inst="t18720923-name-42" type="gender" value="female"/>
<interp inst="t18720923-name-42" type="surname" value="LLOYD"/>
<interp inst="t18720923-name-42" type="given" value="SARAH"/>SARAH LLOYD</persName> </hi>. I am nine years old, and live with my parents at 12, Little Arthur Street, Goswell Street—I have known the prisoner two or three months—she called to me from her room, between 7 and 8 one evening in August, and asked me to fetch a pot of beer—she gave me a mug and a shilling—I went and got a pot of beer from Mr. Haynes, the landlord—I gave him the shilling—he bit it and broke it in half, and I took the pieces to the prisoner's room with the beer, and told her the shilling was bad—she gave me sixpence, which I took to Mr. Haynes, got the change, and took it back to her—I saw her the same evening at the station.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-43" type="witnessName">
<interp inst="t18720923-name-43" type="gender" value="female"/>
<interp inst="t18720923-name-43" type="surname" value="BATES"/>
<interp inst="t18720923-name-43" type="given" value="ELLEN AMELIA"/>ELLEN AMELIA BATES</persName> </hi>. I am nine years old, and live with my parents at 12, Little Arthur Street—on 28th August, between 7 and 8 o'clock, the prisoner called to me as I was playing in the street, and said "Here, little girl, I want you; will you go and get me a quartern of gin?"—she gave me a shilling and a bottle, and told me to go to the "Corner Pin "for it, and she would give me 1
<hi rend="italic">d</hi>.—I went there, and gave Mr. Haynes the shilling—he bit a piece out of it, and kept it—I left the gin there, and went for my mother—I went to the station in the evening, and saw the prisoner there.</p>
<xptr type="pageFacsimile" doc="187209230018"/>
<hi rend="smallCaps">
<persName id="t18720923-name-44" type="witnessName">
<interp inst="t18720923-name-44" type="gender" value="female"/>
<interp inst="t18720923-name-44" type="surname" value="MATTHEWS"/>
<interp inst="t18720923-name-44" type="given" value="MARY"/>MARY MATTHEWS</persName> </hi>. I am the wife of John Matthews, of 11, Little Arthur Street—the prisoner was a lodger of ours—on 28th August she owed us some rent, and gave me two shillings and two sixpences, which I put in a drawer, and in the evening I took one to the "Corner Pin, "and asked the landlord to try it—he bit a piece out of it, and gave me back a bad shilling, which I gave to the prisoner.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-45" type="witnessName">
<interp inst="t18720923-name-45" type="gender" value="male"/>
<interp inst="t18720923-name-45" type="surname" value="HAYNES"/>
<interp inst="t18720923-name-45" type="given" value="WILLIAM"/>WILLIAM HAYNES</persName> </hi>. I am landlord of the "Corner Pin"—on 28th August the little girls tendered me two bad shillings—I broke the first, and sent it back to the woman, but the second I kept, and the girl Lloyd returned and paid me with a good sixpence—Ellen Baxter afterwards came back with Mrs. Matthews, who tendered me a bad shilling, and I gave it back to her.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-46" type="witnessName">
<interp inst="t18720923-name-46" type="gender" value="male"/>
<interp inst="t18720923-name-46" type="surname" value="BAGERT"/>
<interp inst="t18720923-name-46" type="given" value="CHARLES"/>CHARLES BAGERT</persName> </hi> (
<hi rend="italic">Policeman G R</hi> 32). On 27th August I went to the prisoner's room, and told her I had come to take her in custody—I searched her room, and found this bad shilling (
<hi rend="italic">produced</hi>) in an egg-cup in a cupboard.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-47" type="witnessName">
<interp inst="t18720923-name-47" type="gender" value="male"/>
<interp inst="t18720923-name-47" type="surname" value="WEBSTER"/>
<interp inst="t18720923-name-47" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These coins are all bad—the one found in the cupboard is from the same mould as the one Sarah Lloyd took.</p>
<hi rend="smallCaps">
<rs id="t18720923-652-verdict-1" type="verdictDescription">
<interp inst="t18720923-652-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720923-652-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">She further</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>*
<hi rend="italic">to a previous conviction of felony, at Worship Street, in December</hi>, 1869—
<hi rend="italic">
<rs id="t18720923-652-punishment-5" type="punishmentDescription">
<interp inst="t18720923-652-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18720923-652-punishment-5" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-652-18720923 t18720923-652-punishment-5"/>Two Years, Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18720923-653">
<interp inst="t18720923-653" type="uri" value="sessionsPapers/18720923"/>
<interp inst="t18720923-653" type="date" value="18720923"/>
<join result="criminalCharge" id="t18720923-653-charge-1" targOrder="Y" targets="def1-653-18720923 t18720923-653-offence-1 t18720923-653-verdict-1"/>
<persName id="def1-653-18720923" type="defendantName">
<interp inst="def1-653-18720923" type="gender" value="female"/>
<interp inst="def1-653-18720923" type="age" value="24"/>
<interp inst="def1-653-18720923" type="surname" value="ROSE"/>
<interp inst="def1-653-18720923" type="given" value="ELIZABETH"/>
<hi rend="largeCaps">ELIZABETH ROSE</hi> (24)</persName>, was indicted
<rs id="t18720923-653-offence-1" type="offenceDescription">
<interp inst="t18720923-653-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18720923-653-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<hi rend="smallCaps">MESSRS. COLERIDGE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">DE MICHELE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18720923-name-49" type="witnessName">
<interp inst="t18720923-name-49" type="gender" value="male"/>
<interp inst="t18720923-name-49" type="surname" value="TURNER"/>
<interp inst="t18720923-name-49" type="given" value="WILLIAM"/>WILLIAM TURNER</persName> </hi>. I am a coffee-shop keeper, of 20, Holy well Lane—on 22nd August I served the prisoner with some pudding—she gave me a bad shilling, and I gave her in custody.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-50" type="witnessName">
<interp inst="t18720923-name-50" type="gender" value="male"/>
<interp inst="t18720923-name-50" type="surname" value="O'CONNELL"/>
<interp inst="t18720923-name-50" type="given" value="MORRIS"/>MORRIS O'CONNELL</persName> </hi> (
<hi rend="italic">Policeman G</hi> 119). I took the prisoner—she was charged at Worship Street, and discharged on 27th August.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-51" type="witnessName">
<interp inst="t18720923-name-51" type="gender" value="female"/>
<interp inst="t18720923-name-51" type="surname" value="HAYS"/>
<interp inst="t18720923-name-51" type="given" value="ELIZABETH"/>ELIZABETH HAYS</persName> </hi>. My husband keeps a beer shop at Bath Street, White
<lb/>chapel—on 6th September I served the prisoner with a glass of ale—she gave me a florin, which I afterwards found was bad, and sent somebody after her—When I returned the prisoner was at my house, and I gave her in custody with the florin.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-52" type="witnessName">
<interp inst="t18720923-name-52" type="gender" value="male"/>
<interp inst="t18720923-name-52" type="surname" value="COLE"/>
<interp inst="t18720923-name-52" type="given" value="DANIEL"/>DANIEL COLE</persName> </hi> (
<hi rend="italic">Policeman K</hi> 287). On 2nd September Mrs. Hays came to the station—I went with her to her house, and she gave me this bad florin—the prisoner was afterwards given into my custody—she said "All right, I will go with you"—1
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. in silver was found on her, and 5 1/2
<hi rend="italic">d</hi>. in bronze.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-53" type="witnessName">
<interp inst="t18720923-name-53" type="gender" value="female"/>
<interp inst="t18720923-name-53" type="surname" value="CLEAVER"/>
<interp inst="t18720923-name-53" type="given" value="ELIZA"/>ELIZA CLEAVER</persName> </hi>. I searched the prisoner at the station, and found on her 5 1/2
<hi rend="italic">d</hi>. in copper and 18
<hi rend="italic">d</hi>. in silver, which she gave me out of her mouth—she said that she was an unfortunate girl, and she supposed she had taken the florin in that way.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-54" type="witnessName">
<interp inst="t18720923-name-54" type="gender" value="male"/>
<interp inst="t18720923-name-54" type="surname" value="WEBSTER"/>
<interp inst="t18720923-name-54" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. The florin and shilling are bad.</p>
<hi rend="smallCaps">
<rs id="t18720923-653-verdict-1" type="verdictDescription">
<interp inst="t18720923-653-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18720923-653-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18720923-654">
<interp inst="t18720923-654" type="uri" value="sessionsPapers/18720923"/>
<interp inst="t18720923-654" type="date" value="18720923"/>
<join result="criminalCharge" id="t18720923-654-charge-1" targOrder="Y" targets="def1-654-18720923 t18720923-654-offence-1 t18720923-654-verdict-1"/>
<persName id="def1-654-18720923" type="defendantName">
<interp inst="def1-654-18720923" type="gender" value="male"/>
<interp inst="def1-654-18720923" type="age" value="20"/>
<interp inst="def1-654-18720923" type="surname" value="HILLER"/>
<interp inst="def1-654-18720923" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE HILLER</hi> (20)</persName>
<rs id="t18720923-654-offence-1" type="offenceDescription">
<interp inst="t18720923-654-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18720923-654-offence-1" type="offenceSubcategory" value="burglary"/>,
<hi rend="smallCaps">
<rs id="t18720923-654-verdict-1" type="verdictDescription">
<interp inst="t18720923-654-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720923-654-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to burglariously breaking and entering the dwelling-house of
<persName id="t18720923-name-56" type="victimName">
<interp inst="t18720923-name-56" type="gender" value="male"/>
<interp inst="t18720923-name-56" type="surname" value="BRADLEY"/>
<interp inst="t18720923-name-56" type="given" value="JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t18720923-654-offence-1 t18720923-name-56"/>Joseph Bradley</persName>, and stealing therein one workbox and other articles, his property—</rs>
<hi rend="italic">
<rs id="t18720923-654-punishment-6" type="punishmentDescription">
<interp inst="t18720923-654-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18720923-654-punishment-6" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-654-18720923 t18720923-654-punishment-6"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, September</hi> 24
<hi rend="italic">th</hi>, 1872.</p>
<hi rend="italic">Before Mr. Deputy Recorder.</hi> </p>
<div1 type="trialAccount" id="t18720923-655">
<interp inst="t18720923-655" type="uri" value="sessionsPapers/18720923"/>
<interp inst="t18720923-655" type="date" value="18720923"/>
<join result="criminalCharge" id="t18720923-655-charge-1" targOrder="Y" targets="def1-655-18720923 t18720923-655-offence-1 t18720923-655-verdict-1"/>
<persName id="def1-655-18720923" type="defendantName">
<interp inst="def1-655-18720923" type="gender" value="male"/>
<interp inst="def1-655-18720923" type="age" value="24"/>
<interp inst="def1-655-18720923" type="surname" value="LAKE"/>
<interp inst="def1-655-18720923" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM LAKE</hi> (24)</persName>, was
<hi rend="italic">again</hi> indicted
<rs id="t18720923-655-offence-1" type="offenceDescription">
<interp inst="t18720923-655-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18720923-655-offence-1" type="offenceSubcategory" value="embezzlement"/> for embezzling, on
<rs id="t18720923-cd-1" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18720923-655-offence-1 t18720923-cd-1"/>1st March</rs>, 45
<hi rend="italic">l</hi>., and on
<rs id="t18720923-cd-2" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18720923-655-offence-1 t18720923-cd-2"/>22nd March</rs> 35
<hi rend="italic">l</hi>., received on account of
<persName id="t18720923-name-58" type="victimName">
<interp inst="t18720923-name-58" type="gender" value="male"/>
<interp inst="t18720923-name-58" type="surname" value="NEWSOM"/>
<interp inst="t18720923-name-58" type="given" value="EDWARD BOWDEN"/>
<join result="offenceVictim" targOrder="Y" targets="t18720923-655-offence-1 t18720923-name-58"/>Edward Bowden Newsom</persName> and others, his masters. (
<hi rend="italic">See page</hi> 341).</rs> </p>
<xptr type="pageFacsimile" doc="187209230019"/>
<hi rend="smallCaps">MESSRS. POLAND</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">DAVIS</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. METCALFE</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18720923-name-59" type="witnessName">
<interp inst="t18720923-name-59" type="gender" value="male"/>
<interp inst="t18720923-name-59" type="surname" value="NEWSOM"/>
<interp inst="t18720923-name-59" type="given" value="THOMAS CLARK"/>THOMAS CLARK NEWSOM</persName> </hi>. I reside at Orpington, in Kent, and am a partner in the firm of Newsom, Burke, and Co.—in February, 1872, I was their traveller—on 28th or 29th February I had collected for them 45
<hi rend="italic">l</hi>., which I transmitted to the firm in London by a registered letter in Bank of England notes, two 20
<hi rend="italic">l</hi>. and one 5
<hi rend="italic">l</hi>.</p>
<hi rend="italic">Cross-examined.</hi> I made this entry at the time—I did not take the numbers of the notes—I collected them in Sheffield—I think I changed gold and silver for them—I can't say where I got the notes, whether I changed them at a bank or whether I got them in the town—I sent them up from Sheffield—I have not thought of trying to get the numbers.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-60" type="witnessName">
<interp inst="t18720923-name-60" type="gender" value="male"/>
<interp inst="t18720923-name-60" type="surname" value="RUTHERFORD"/>
<interp inst="t18720923-name-60" type="given" value="CHARLES"/>CHARLES RUTHERFORD</persName> </hi>. I am an accountant—I and my partner were called in to examine the prisoner's books—we commenced in December, 1871—the books were very much in arrear—the prisoner remained in the service for some time—he was employed there in March last—he kept the rough cash-book—I know his handwriting well—this entry of 1st March in the rough cash-book, "T, C. Newsom's journey, 45
<hi rend="italic">l</hi>., "is not the prisoner's writing; but the addition of this amount that ought to have been paid into the bank is in his writing—the entry is "T. C. Newsom, j. account (that means journey account), N. 20, N. 25, 45
<hi rend="italic">l</hi>."—"N." means "notes"—the next four items are in the prisoner's writing, also the word "bank" and the total, 162
<hi rend="italic">s</hi>. 7
<hi rend="italic">s</hi>.—I produce the paying-in book—here is the counterfoil of 1st March, it is the prisoner's writing, "1-3-72; N., 45
<hi rend="italic">l</hi>., 48
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., 32
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., 35
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>.; G., 10
<hi rend="italic">s</hi>.; S., 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>."—the first addition is 117
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>.—that is crossed through, and another addition made of 162
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>.—117
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. would be the amount, omitting the 45
<hi rend="italic">l</hi>., and that being added makes it 162
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>.—immediately below there is the word "Country, 15
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>., 11
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>."—that means country cheques, so they would not go in to the credit, and are not included in the addition—the counterfoil of the paying-in slip is in the prisoner's writing—by that the amount paid in is 117
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>.; that omits the 45
<hi rend="italic">l</hi>.—this is the banker's pass-book—the prisoner would have access to that—I have frequently seen him with it, both when examining the accounts and in carrying on the business—there is an entry of 117
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. credited to the firm on that day—in the rough cash-book of 22nd March there are several entries, the amount added up consists of three items, and the addition amounts to 235
<hi rend="italic">l</hi>. in the prisoner's writing—the entry is "22. S. Bradford, N. 30; W. Briscomb, N. 5"—that is not the prisoner's writing—then there is "William Sentence exchanged 200
<hi rend="italic">l</hi>."—that is the prisoner's writing, as well as the addition, 235
<hi rend="italic">l</hi>. and "Bank, 22-3" written against it—the counterfoil of the paying-in slip of that day is in the prisoner's writing; it is "22-3-72, 200
<hi rend="italic">l</hi>.; C. N., 30; N. 5: 235
<hi rend="italic">l</hi>."—"C. N." means country notes—I have the paying-in slip of that date—it is the prisoner's writing—it is "22 March, '72. Credit, Newsom, Burke, and Co., 200
<hi rend="italic">l</hi>."—the 35
<hi rend="italic">l</hi>. is omitted in the pass-book; the firm is credited with 200
<hi rend="italic">l</hi>.—there is no alteration there, or any obliteration or additional amount, and no alteration in the addition—the 35
<hi rend="italic">l</hi>. does not appear on the slip at all—the 200
<hi rend="italic">l</hi>. was paid in as a separate sum—there are two other items, but those, I believe, are country items, previously paid in—we have traced those; they are represented by the counterfoils—we have traced every item in the books from beginning to end—the books are now balanced day by day; unfortunately, they were not at the time the prisoner kept them—at</p>
<xptr type="pageFacsimile" doc="187209230020"/>
<p>that time the addition in the rough cash-book would show the money to be paid in—the counterfoil would contain those, and the paying-in slip ought to do the same—after finding out these two sums there was some conversa
<lb/>tion in my presence between the prisoner and his employers on 8th April—Mr. Newsom was present—the prisoner was asked to account for those two specific sums—he said "I cannot do so"—he was told that he must do so, and after a great deal of conversation he said "Well, I suppose I must have had the money, "and then he went on to explain why he had on a previous occasion called God to witness that he never had any of the money—he said that what he meant by that was that he thought he had paid back all the money he had abstracted from the firm from time to time—I have gone into the state of the accounts, showing the deficiency from 11th December' last up to 8th April—including these two sums, it amounts to 570
<hi rend="italic">l</hi>. odd—that does not include the deficiency up to 11th December.</p>
<hi rend="italic">Cross-examined.</hi> I did not try to get the numbers of the notes—the entry of the 45
<hi rend="italic">l</hi>. is in the writing of Mr. Finch, who is a clerk in the office—I don't know whether he is here—I have not tried to get the numbers of the notes from him—the entry of the 35
<hi rend="italic">l</hi>. is also Mr. Finch's, I believe; several of the clerks write so alike that I could not be sure; undoubtedly it is Mr. Finch's writing—Mr. Burke is still in the firm—I' don't know whether he is here—I got these slips from the bank—I got other slips, not with me—I have not got the slip of 2nd March, or of 28th or 29th February, or of 21st or 23rd March—the cash payments of the firm were made by cheques, not by cash; simply petty cash—I find entries in this green-book of cash paid by the prisoner, not paid for tea warrants—I have gone through every item in the books from 1st November, 1870, to 31st May, 1872, to see whether he paid cash or not—I find that he has paid petty cash—that includes wages and small disbursements—I find cash payments for duty on account of the firm—they are very trifling, altogether probably 10
<hi rend="italic">l</hi>., I think not 20
<hi rend="italic">l</hi>.—there are not frequent payments for duty—it is a very extensive business—the payments for duty would not be once a week—I should say, without referring to the ledger, that over the whole period the number of payments made irregularly, through cash and not by cheque, would be about six or seven—that would not amount to 60
<hi rend="italic">l</hi>. or 70
<hi rend="italic">l</hi>.; not the half of it—there are not payments for warrants, duty, and petty cash amounting to very large sums; they are carried out into the ledger—there is a debtor and creditor account of the petty cash—I have not got the ledger here; I never understood that it was necessary to be here—this is the fair cash-book—there is, no doubt, an entry on 21st March "Customs, 45
<hi rend="italic">l</hi>."—I say that was paid by cheque, and 70
<hi rend="italic">l</hi>., on 22nd March—perhaps I may save you some trouble if I tell you that all the entries in the outside column are paid by cheque at the particular period you are looking at—"Petty cash, 3
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>." was paid by cheque—the entries in the inner column are either payments by cash or contra payments of amounts credited from travellers on the other side—"Salary, 5
<hi rend="italic">l</hi>. and 3
<hi rend="italic">l</hi>. "would be paid by cheque—this, 10
<hi rend="italic">s</hi>., 1
<hi rend="italic">d</hi>., would be charged by the bankers as discount of bills—"Journey expenses, 10
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. "is simply a contra entry; on the other side you will find a credit of 10
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. to the same individual—those items are carried forward into the fair cash-book; not by the prisoner, because he did not make up the fair cash-book at that period.</p>
<hi rend="italic">Re-examined.</hi> The entry referred to in the pass-book on 21st March is "45
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>., Her Majesty's Customs"—that was paid by cheque—the</p>
<xptr type="pageFacsimile" doc="187209230021"/>
<p>entry on 22nd March is 70
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>.—that was also a cheque drawn in favour of the Customs; it could not have been paid in moneys—we have endea
<lb/>voured to trace out these two sums of 45
<hi rend="italic">l</hi>. and 35
<hi rend="italic">l</hi>., to gee if they are in any way accounted for, and they are not—I have examined each payment into the bank, and those sums have not been paid in—I have here the counterfoils for two or three days before and after the days in question—I have compared those counterfoils, to see whether they agree with the fair cash-book; they accurately represent the money paid into the bank—this is the counterfoil of 21st March; it is in the prisoner's writing—that shows 212
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>. as paid into the bank that day—that precisely agrees with the pass-book and with the rough cash-book—it is partly in the prisoner's writing, not wholly; the addition is his—on 23rd March 253
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. appears to have been paid in, and that exactly agrees both with the pass-book and the rough cash-book—I have been through every one of these counterfoils, for the purpose of seeing in that way whether the 35
<hi rend="italic">l</hi>. has been accounted for; if necessary, I can go through them counterfoil by counterfoil—I have examined them in the same way with reference to 1st March, to see whether the 45
<hi rend="italic">l</hi>. is accounted for, and it is not Accounted for in any way.</p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> How soon after 22nd March did you discover those two items?
<hi rend="italic">A.</hi> They were discovered on 8th April—they were the two first items discovered.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-61" type="witnessName">
<interp inst="t18720923-name-61" type="gender" value="male"/>
<interp inst="t18720923-name-61" type="surname" value="BAIRD"/>
<interp inst="t18720923-name-61" type="given" value="JAMES"/>JAMES BAIRD</persName> </hi>. I am partner of Mr. Rutherford—I have been engaged in examining the books of the firm—these two sums of 45
<hi rend="italic">l</hi>. on 1st March and 35
<hi rend="italic">l</hi>. on 22nd March are not accounted for in any way.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-62" type="witnessName">
<interp inst="t18720923-name-62" type="gender" value="male"/>
<interp inst="t18720923-name-62" type="surname" value="NEWSOM"/>
<interp inst="t18720923-name-62" type="given" value="EDWARD BOWDEN"/>EDWARD BOWDEN NEWSOM</persName> </hi>. I am a member of the firm of Newsom, Burke & Co., wholesale tea merchants, in Great Tower Street—the pri
<lb/>soner was in our service as confidential clerk and ledger keeper—he kept the books, received money and passed it in to the bank; it was his duty to add up the sums; he had to pay in and enter the particulars in the coun
<lb/>terfoils; the credit slip would agree with it, and be sent to the bank with the money—the 45
<hi rend="italic">l</hi>. sent by Mr. T. C. Newsom would be proper to be entered as one of the sums to be paid in on 1st March as well as the 30
<hi rend="italic">l</hi>. from Bradford, and 5
<hi rend="italic">l</hi>. from Briscomb—that 45
<hi rend="italic">l</hi>. has not been accounted for in any way, nor the 35
<hi rend="italic">l</hi>. on 22nd March—I was present at a conversation with the prisoner on 18th March, when he called God to witness that he had not taken any money of the firm—on 8th April he was called on to account for these two sums; he at first said "I know nothing about them;" I then said "Do not tell any more untruths about it, here is your own handwriting, unless you confess at once I shall give you into custody." (
<hi rend="italic">The Court decided that what was said by the prisoner upon this could not be received</hi>). I have been quite unable to trace these two sums in any way; they have not been accounted for.</p>
<hi rend="italic">Cross-examined.</hi> I saw the prisoner's father on a Saturday, I don't know the date, and he gave me a watch and chain—the prisoner promised to make out a list by the following Monday of goods which were afterwards received chiefly by Mr. Burke—I am not aware that Mr. Burke is here—the goods ultimately received amounted to somewhere about 800
<hi rend="italic">l</hi>.—the father came to me on the Sunday—I did not tell him I would not pro
<lb/>secute—I said my partner was determined to prosecute him—I said I would do what I could with my partner—I did not try to get the father to pay the rest; I am not aware that Mr. Burke did—I did not try to get him to get money from his friends, or to insure his life, I never heard of it</p>
<xptr type="pageFacsimile" doc="187209230022"/>
<p>—I never heard of it before yesterday—I am sure Mr. Burke never pro
<lb/>mised that if they would pay over all they had, he would not prosecute—Mr. Finch is still in our employment; he has been sent for.</p>
<hi rend="italic">Re-examined.</hi> Mr. Burke is a party to this prosecution—the prisoner's father keeps a small grocer's shop—I went to his house with Mr. Ruther
<lb/>ford on 13th April, the prisoner had not been to our premises for some few days; we had some communication with the father, and afterwards saw the prisoner in his father's presence—it was at the father's instance that I took the watch and chain, I refused at first—we determined to prosecute the day we gave him into custody, 15th July, from various circumstances which we thought very much aggravated the case.</p>
<hi rend="italic">Jury. Q.</hi> How was the prisoner paid?
<hi rend="italic">A.</hi> I think quarterly; I never paid him myself, it was my partner's duty to do that; he did not draw his own money—Mr. Burke does not refuse to come, but you must understand that three members of the firm cannot very well be away.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-63" type="witnessName">
<interp inst="t18720923-name-63" type="gender" value="male"/>
<interp inst="t18720923-name-63" type="surname" value="FINCH"/>
<interp inst="t18720923-name-63" type="given" value="HENRY"/>HENRY FINCH</persName> </hi>. I am a clerk in the prosecutors' service, and have been so since April, 1866—in the event of my receiving any money I should enter it in the rough cash-book if the cashier, Mr. Lake, happened to be out at dinner—this entry of 45
<hi rend="italic">l</hi>. on 1st March, 1872, is in my handwriting—the mark against it shows that it was composed of notes—I should keep the notes till the prisoner came in—I should say I gave them to him; I am sure of it—it would be my duty to make the entry, and then hand over the notes to the cashier when he came in—I know nothing further about that 45
<hi rend="italic">l</hi>.—the prisoner would make out the counterfoil and credit slip—on 22nd March I find an entry of "Bradford 30
<hi rend="italic">l</hi>., and Briscomb 5
<hi rend="italic">l</hi>.;" that is my writing, it consisted of notes—I should do the same with those as I did with the others—I very often came before the prisoner in the morning—one of the partners would open the letters—if the prisoner was not there at the time, probably the things would be given to me to enter—the two first entries on these two Occasions appear to have been entered by me—I can say that I did not misappropriate these sums.</p>
<hi rend="italic">Cross-examined.</hi> After so long a time, I could not, of course, say whether I gave them to the prisoner—I should say that I gave them to him most certainly—I would sometimes take on to the bank a slip made out by the prisoner; it was always made out by him—it was not sometimes made out by one of the partners or myself; chiefly by the prisoner; it was his duty to do it—I never made out a slip at that time; I have since—it was not my duty to make out the slip—as to this 45
<hi rend="italic">l</hi>., one of the partners would have opened the letter and handed the 45
<hi rend="italic">l</hi>. over to me—it would be Mr. T. C. Newsom—no—it would be Mr. Burke—he would open the letter and hand me the money, and I should keep it till the prisoner came—either Mr. Burke or Mr. E. B. Newsom, whoever came first would do so—I did not make any entry of the numbers of the notes, nor was any made by the partners—I should say either Mr. Burke or Mr. E. B. Newsom handed me over the 30
<hi rend="italic">l</hi>. and 5
<hi rend="italic">l</hi>., Mr. C. T. Newsom being away in the country at the time; they always opened the letters, not the prisoner—I often took money to the bank before that time; perhaps once or twice a week, perhaps three times—if the partner handed money, to me to take on to the bank, I should take it on—I should make an entry in the green-book before I took it on.</p>
<hi rend="italic">Re-examined.</hi> The first partner who came would open the letters—I could not now tell which partner opened the letters on any particular morning—all these slips for the two or three days before and after the days</p>
<xptr type="pageFacsimile" doc="187209230023"/>
<p>in question are made out by the prisoner—it was his duty to make out the counterfoils—I see that I have sometimes made them out at that time—I scarcely made any—my writing does not appear for a long time either before or after.</p>
<hi rend="smallCaps">
<rs id="t18720923-655-verdict-1" type="verdictDescription">
<interp inst="t18720923-655-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720923-655-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18720923-655-punishment-7" type="punishmentDescription">
<interp inst="t18720923-655-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18720923-655-punishment-7" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-655-18720923 t18720923-655-punishment-7"/>Five Years' Penal Servitude.</rs> </hi> </p>
<hi rend="smallCaps">MR. POLAND</hi>
<hi rend="italic">stated the defalcations amounted to nearly</hi> 2000
<hi rend="italic">l</hi>.</p> </div1>
<div1 type="trialAccount" id="t18720923-656">
<interp inst="t18720923-656" type="uri" value="sessionsPapers/18720923"/>
<interp inst="t18720923-656" type="date" value="18720923"/>
<join result="criminalCharge" id="t18720923-656-charge-1" targOrder="Y" targets="def1-656-18720923 t18720923-656-offence-1 t18720923-656-verdict-1"/>
<persName id="def1-656-18720923" type="defendantName">
<interp inst="def1-656-18720923" type="gender" value="male"/>
<interp inst="def1-656-18720923" type="age" value="31"/>
<interp inst="def1-656-18720923" type="surname" value="GAMELL"/>
<interp inst="def1-656-18720923" type="given" value="DAVID"/>
<hi rend="largeCaps">DAVID GAMELL</hi> (31)</persName>
<rs id="t18720923-656-offence-1" type="offenceDescription">
<interp inst="t18720923-656-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18720923-656-offence-1" type="offenceSubcategory" value="forgery"/>,
<hi rend="smallCaps">
<rs id="t18720923-656-verdict-1" type="verdictDescription">
<interp inst="t18720923-656-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720923-656-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to feloniously uttering two forged orders for the delivery of goods with intent to defraud.</rs> </p>
<hi rend="italic">
<rs id="t18720923-656-punishment-8" type="punishmentDescription">
<interp inst="t18720923-656-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18720923-656-punishment-8" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-656-18720923 t18720923-656-punishment-8"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, September</hi> 24
<hi rend="italic">th</hi>, 1872.</p>
<hi rend="italic">Before Robert Malcolm Kerr, Esq.</hi> </p>
<div1 type="trialAccount" id="t18720923-657">
<interp inst="t18720923-657" type="uri" value="sessionsPapers/18720923"/>
<interp inst="t18720923-657" type="date" value="18720923"/>
<join result="criminalCharge" id="t18720923-657-charge-1" targOrder="Y" targets="def1-657-18720923 t18720923-657-offence-1 t18720923-657-verdict-1"/>
<join result="criminalCharge" id="t18720923-657-charge-2" targOrder="Y" targets="def1-657-18720923 t18720923-657-offence-2 t18720923-657-verdict-1"/>
<persName id="def1-657-18720923" type="defendantName">
<interp inst="def1-657-18720923" type="gender" value="male"/>
<interp inst="def1-657-18720923" type="age" value="21"/>
<interp inst="def1-657-18720923" type="surname" value="BRITTON"/>
<interp inst="def1-657-18720923" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES BRITTON</hi> (21)</persName>
<rs id="t18720923-657-offence-1" type="offenceDescription">
<interp inst="t18720923-657-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18720923-657-offence-1" type="offenceSubcategory" value="forgery"/>,
<hi rend="smallCaps">
<rs id="t18720923-657-verdict-1" type="verdictDescription">
<interp inst="t18720923-657-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720923-657-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to feloniously uttering a forged order for the payment of 2
<hi rend="italic">l</hi>., with intent to defraud;</rs> also
<rs id="t18720923-657-offence-2" type="offenceDescription">
<interp inst="t18720923-657-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t18720923-657-offence-2" type="offenceSubcategory" value="fraud"/>to unlaw
<lb/>fully obtaining 19
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. of the
<persName id="t18720923-name-66" type="victimName">
<interp inst="t18720923-name-66" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18720923-657-offence-2 t18720923-name-66"/>Great Western Railway Company</persName> by false pretences—</rs>
<hi rend="italic">
<rs id="t18720923-657-punishment-9" type="punishmentDescription">
<interp inst="t18720923-657-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18720923-657-punishment-9" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-657-18720923 t18720923-657-punishment-9"/>Eight Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18720923-658">
<interp inst="t18720923-658" type="uri" value="sessionsPapers/18720923"/>
<interp inst="t18720923-658" type="date" value="18720923"/>
<join result="criminalCharge" id="t18720923-658-charge-1" targOrder="Y" targets="def1-658-18720923 t18720923-658-offence-1 t18720923-658-verdict-1"/>
<persName id="def1-658-18720923" type="defendantName">
<interp inst="def1-658-18720923" type="gender" value="female"/>
<interp inst="def1-658-18720923" type="age" value="20"/>
<interp inst="def1-658-18720923" type="surname" value="PLUMBRIDGE"/>
<interp inst="def1-658-18720923" type="given" value="ELIZABETH"/>
<hi rend="largeCaps">ELIZABETH PLUMB
<lb/>RIDGE</hi> (20)</persName>
<rs id="t18720923-658-offence-1" type="offenceDescription">
<interp inst="t18720923-658-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18720923-658-offence-1" type="offenceSubcategory" value="bigamy"/>, to feloniously marrying
<persName id="t18720923-name-68" type="victimName">
<interp inst="t18720923-name-68" type="gender" value="male"/>
<interp inst="t18720923-name-68" type="surname" value="KENNEDY"/>
<interp inst="t18720923-name-68" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18720923-658-offence-1 t18720923-name-68"/>William Kennedy</persName>, her husband being alive—</rs>
<rs id="t18720923-658-punishment-10" type="punishmentDescription">
<interp inst="t18720923-658-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18720923-658-punishment-10" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-658-18720923 t18720923-658-punishment-10"/>
<hi rend="italic">Two Months' Imprisonment.</hi> </rs>
<rs id="t18720923-658-verdict-1" type="verdictDescription">
<interp inst="t18720923-658-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720923-658-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18720923-659">
<interp inst="t18720923-659" type="uri" value="sessionsPapers/18720923"/>
<interp inst="t18720923-659" type="date" value="18720923"/>
<join result="criminalCharge" id="t18720923-659-charge-1" targOrder="Y" targets="def1-659-18720923 t18720923-659-offence-1 t18720923-659-verdict-1"/>
<persName id="def1-659-18720923" type="defendantName">
<interp inst="def1-659-18720923" type="gender" value="female"/>
<interp inst="def1-659-18720923" type="age" value="27"/>
<interp inst="def1-659-18720923" type="surname" value="LAVINGTON"/>
<interp inst="def1-659-18720923" type="given" value="CATHERINE"/>
<hi rend="largeCaps">CATHERINE LAVINGTON</hi> (27)</persName>
<rs id="t18720923-659-offence-1" type="offenceDescription">
<interp inst="t18720923-659-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18720923-659-offence-1" type="offenceSubcategory" value="concealingABirth"/>, to unlawfully endeavouring to conceal the birth of her child—</rs>
<rs id="t18720923-659-verdict-1" type="verdictDescription">
<interp inst="t18720923-659-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720923-659-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.] </rs>
<rs id="t18720923-659-punishment-11" type="punishmentDescription">
<interp inst="t18720923-659-punishment-11" type="punishmentCategory" value="noPunish"/>
<interp inst="t18720923-659-punishment-11" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-659-18720923 t18720923-659-punishment-11"/>
<hi rend="italic">Judgment respited.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18720923-660">
<interp inst="t18720923-660" type="uri" value="sessionsPapers/18720923"/>
<interp inst="t18720923-660" type="date" value="18720923"/>
<join result="criminalCharge" id="t18720923-660-charge-1" targOrder="Y" targets="def1-660-18720923 t18720923-660-offence-1 t18720923-660-verdict-1"/>
<persName id="def1-660-18720923" type="defendantName">
<interp inst="def1-660-18720923" type="gender" value="male"/>
<interp inst="def1-660-18720923" type="age" value="42"/>
<interp inst="def1-660-18720923" type="surname" value="BACK"/>
<interp inst="def1-660-18720923" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE BACK</hi> (42)</persName>
<rs id="t18720923-660-offence-1" type="offenceDescription">
<interp inst="t18720923-660-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18720923-660-offence-1" type="offenceSubcategory" value="embezzlement"/>, to embezzling the sums of 30
<hi rend="italic">l</hi>. 17
<hi rend="italic">s</hi>., 4
<hi rend="italic">l</hi>. 19
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>., and 26
<hi rend="italic">l</hi>. 19
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>., of
<persName id="t18720923-name-71" type="victimName">
<interp inst="t18720923-name-71" type="gender" value="male"/>
<interp inst="t18720923-name-71" type="surname" value="NEWBY"/>
<interp inst="t18720923-name-71" type="given" value="ALFRED"/>
<join result="offenceVictim" targOrder="Y" targets="t18720923-660-offence-1 t18720923-name-71"/>Alfred Newby</persName> and another, his masters—</rs>
<rs id="t18720923-660-punishment-12" type="punishmentDescription">
<interp inst="t18720923-660-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18720923-660-punishment-12" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-660-18720923 t18720923-660-punishment-12"/>
<hi rend="italic">Twelve Months' Imprisonment.</hi> </rs>
<rs id="t18720923-660-verdict-1" type="verdictDescription">
<interp inst="t18720923-660-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720923-660-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
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<interp inst="t18720923-661" type="uri" value="sessionsPapers/18720923"/>
<interp inst="t18720923-661" type="date" value="18720923"/>
<join result="criminalCharge" id="t18720923-661-charge-1" targOrder="Y" targets="def1-661-18720923 t18720923-661-offence-1 t18720923-661-verdict-1"/>
<persName id="def1-661-18720923" type="defendantName">
<interp inst="def1-661-18720923" type="gender" value="male"/>
<interp inst="def1-661-18720923" type="age" value="34"/>
<interp inst="def1-661-18720923" type="surname" value="SWAIN"/>
<interp inst="def1-661-18720923" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE SWAIN</hi> (34)</persName>
<rs id="t18720923-661-offence-1" type="offenceDescription">
<interp inst="t18720923-661-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18720923-661-offence-1" type="offenceSubcategory" value="forgery"/>, to feloniously forging and uttering an order for the payment of 5
<hi rend="italic">l</hi>., with intent to defraud</rs>
<rs id="t18720923-661-punishment-13" type="punishmentDescription">
<interp inst="t18720923-661-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18720923-661-punishment-13" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-661-18720923 t18720923-661-punishment-13"/>
<hi rend="italic">Twelve Months' Imprisonment.</hi> </rs>
<rs id="t18720923-661-verdict-1" type="verdictDescription">
<interp inst="t18720923-661-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720923-661-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> And</p> </div1>
<div1 type="trialAccount" id="t18720923-662">
<interp inst="t18720923-662" type="uri" value="sessionsPapers/18720923"/>
<interp inst="t18720923-662" type="date" value="18720923"/>
<join result="criminalCharge" id="t18720923-662-charge-1" targOrder="Y" targets="def1-662-18720923 t18720923-662-offence-1 t18720923-662-verdict-1"/>
<join result="criminalCharge" id="t18720923-662-charge-2" targOrder="Y" targets="def1-662-18720923 t18720923-662-offence-2 t18720923-662-verdict-1"/>
<persName id="def1-662-18720923" type="defendantName">
<interp inst="def1-662-18720923" type="gender" value="male"/>
<interp inst="def1-662-18720923" type="age" value="47"/>
<interp inst="def1-662-18720923" type="surname" value="CLAPPISON"/>
<interp inst="def1-662-18720923" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK CLAPPISON</hi> (47)</persName>
<rs id="t18720923-662-offence-1" type="offenceDescription">
<interp inst="t18720923-662-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18720923-662-offence-1" type="offenceSubcategory" value="forgery"/>, to two indictments for feloniously forging and uttering a cheque for 130
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>.,</rs> and
<rs id="t18720923-662-offence-2" type="offenceDescription">
<interp inst="t18720923-662-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t18720923-662-offence-2" type="offenceSubcategory" value="forgery"/>a deed of transfer of shares in the
<persName id="t18720923-name-74" type="victimName">
<interp inst="t18720923-name-74" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18720923-662-offence-2 t18720923-name-74"/>London and County Banking Com
<rs id="t18720923-662-punishment-14" type="punishmentDescription">
<interp inst="t18720923-662-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18720923-662-punishment-14" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-662-18720923 t18720923-662-punishment-14"/>
<hi rend="italic">Five Years' Penal Servitude.</hi> </rs>
<rs id="t18720923-662-verdict-1" type="verdictDescription">
<interp inst="t18720923-662-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720923-662-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18720923-663">
<interp inst="t18720923-663" type="uri" value="sessionsPapers/18720923"/>
<interp inst="t18720923-663" type="date" value="18720923"/>
<join result="criminalCharge" id="t18720923-663-charge-1" targOrder="Y" targets="def1-663-18720923 t18720923-663-offence-1 t18720923-663-verdict-1"/>
<persName id="def1-663-18720923" type="defendantName">
<interp inst="def1-663-18720923" type="gender" value="male"/>
<interp inst="def1-663-18720923" type="age" value="42"/>
<interp inst="def1-663-18720923" type="surname" value="SQUIRE"/>
<interp inst="def1-663-18720923" type="given" value="MICHAEL"/>
<hi rend="largeCaps">MICHAEL SQUIRE</hi> (42)</persName>
<rs id="t18720923-663-offence-1" type="offenceDescription">
<interp inst="t18720923-663-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18720923-663-offence-1" type="offenceSubcategory" value="burglary"/>, Burglariously breaking and entering the dwelling-house of
<persName id="t18720923-name-76" type="victimName">
<interp inst="t18720923-name-76" type="gender" value="male"/>
<interp inst="t18720923-name-76" type="surname" value="BUTLER"/>
<interp inst="t18720923-name-76" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18720923-663-offence-1 t18720923-name-76"/>Thomas Butler</persName>, and stealing therein one purse, his property.</rs> </p>
<hi rend="smallCaps">MR. A. B. KELLY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18720923-name-77" type="witnessName">
<interp inst="t18720923-name-77" type="gender" value="male"/>
<interp inst="t18720923-name-77" type="surname" value="BUTLER"/>
<interp inst="t18720923-name-77" type="given" value="THOMAS"/>THOMAS BUTLER</persName> </hi>. I live at 13, Batteson Street, Limehouse—on 25th August I went to bed at 12 o'clock, on having closed my premises—I sleep in a room over the parlour—I had closed the parlour window about 11 o'clock—about 3.30 a. m. my wife awoke me, and I heard the shutters and the window moving—I jumped up, opened the bedroom window, and saw a man's legs pass into the parlour—I called a policeman, and two or three came—I went down, and saw a policeman and the prisoner in the parlour—the policeman had this purse (
<hi rend="italic">produced</hi>), which is mine, which had been on the drawers in the parlour—I gave the prisoner in custody.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-78" type="witnessName">
<interp inst="t18720923-name-78" type="gender" value="male"/>
<interp inst="t18720923-name-78" type="surname" value="MUMFORD"/>
<interp inst="t18720923-name-78" type="given" value="WILLIAM"/>WILLIAM MUMFORD</persName> </hi> (
<hi rend="italic">Policeman K</hi> 538). I was called to this house—I heard talking, sprang my rattle, opened the shutters, and found the prisoner in the parlour, his head on a sofa, covering his face up—I took this purse from his hand, and asked him where he got it—he said the party told him to take it.</p>
<hi rend="italic">Prisoner.</hi> I had been drinking very heavily.
<hi rend="italic">Witness.</hi> He was not drunk.</p>
<hi rend="smallCaps">
<rs id="t18720923-663-verdict-1" type="verdictDescription">
<interp inst="t18720923-663-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720923-663-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18720923-663-punishment-15" type="punishmentDescription">
<interp inst="t18720923-663-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18720923-663-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-663-18720923 t18720923-663-punishment-15"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18720923-664">
<interp inst="t18720923-664" type="uri" value="sessionsPapers/18720923"/>
<interp inst="t18720923-664" type="date" value="18720923"/>
<join result="criminalCharge" id="t18720923-664-charge-1" targOrder="Y" targets="def1-664-18720923 t18720923-664-offence-1 t18720923-664-verdict-1"/>
<persName id="def1-664-18720923" type="defendantName">
<interp inst="def1-664-18720923" type="gender" value="male"/>
<interp inst="def1-664-18720923" type="age" value="32"/>
<interp inst="def1-664-18720923" type="surname" value="PALMER"/>
<interp inst="def1-664-18720923" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN PALMER</hi> (32)</persName>
<rs id="t18720923-664-offence-1" type="offenceDescription">
<interp inst="t18720923-664-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18720923-664-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously cutting and wounding
<persName id="t18720923-name-80" type="victimName">
<interp inst="t18720923-name-80" type="gender" value="male"/>
<interp inst="t18720923-name-80" type="surname" value="NORTHCOTT"/>
<interp inst="t18720923-name-80" type="given" value="STEPHEN"/>
<join result="offenceVictim" targOrder="Y" targets="t18720923-664-offence-1 t18720923-name-80"/>Stephen Northcott</persName>, with intent to do him some grievous bodily harm.</rs> </p>
<hi rend="smallCaps">MR. MEAD</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18720923-name-81" type="witnessName">
<interp inst="t18720923-name-81" type="gender" value="female"/>
<interp inst="t18720923-name-81" type="surname" value="NORTHOOTT"/>
<interp inst="t18720923-name-81" type="given" value="ANN"/>ANN NORTHOOTT</persName> </hi>. I am the wife of Stephen Northcott, of Staines Road,</p>
<xptr type="pageFacsimile" doc="187209230024"/>
<p>Hounslow, a coffee-stall keeper—the prisoner lodged in our house; he is a carpenter—on 20th July we gave him a week's notice to leave—I was in the habit of putting his little girl to bed, and on 2nd August I called her to go to bed—she did not come, but the prisoner came and said that he was going to take her away to-morrow—I said that he might have told me, and that I would not let him have another thing out of my house until he paid me my rent which was due—he said that if we both came out to the kitchen door, he would pay us what was due—I went out at the kitchen door, and my husband followed—the prisoner took up this hammer (
<hi rend="italic">produced</hi>) and struck my husband on the skull—he then struck me with the thin end of the hammer and threatened our lives—I ran into the kitchen and fastened the door—he said he would do for us all, and he burst the door open, and broke off this catch (
<hi rend="italic">produced</hi>)—I ran to the front door and called Mr. Clark.</p>
<hi rend="italic">Prisoner. Q.</hi> Previous to your giving me notice to leave, did you find that I was going to leave?
<hi rend="italic">A.</hi> Yes; your child was always properly treated; you came in with her, and she was quite
<hi rend="italic">tight</hi>, and she told me she had been drinking—you put her to bed yourself that night, but I was in the house—there was another female in the house; she is not here; she was the only witness to the assault; she is not to be found—she went with me to the station to prefer the charge—I have not kept her away—a subpoena was sent to her address, but she was not to be found—you owed me 14
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>., and paid me 8
<hi rend="italic">s</hi>.—you were repairing your child's boots with this hammer.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-82" type="witnessName">
<interp inst="t18720923-name-82" type="gender" value="male"/>
<interp inst="t18720923-name-82" type="surname" value="NORTHCOTT"/>
<interp inst="t18720923-name-82" type="given" value="STEPHEN"/>STEPHEN NORTHCOTT</persName> </hi>. I am a coffee-stall keeper at Hounslow Barracks—on 2nd August my wife was in the front kitchen and I was in the back—my wife called the girl three times to put her to bed, and the prisoner said "I am going to take her away to-night"—my wife said "You never told me that; mind you don't take anything out of my house till you have settled with me"—he said "Come out and I will settle with you in a minute"—I went out, and before a word was out of my mouth he gave me a blow on the head with the hammer—I was knocked senseless, and have not been able to do anything since.</p>
<hi rend="italic">Prisoner. Q.</hi> Did you come out of the kitchen with an oath on your mouth?
<hi rend="italic">A.</hi> No, you paid my wife 3
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. a week for the girl, and half-a-crown for yourself, I think; but I do not know anything about it—you had been out of work previously—I have never said that I could knock a man's brains out with my iron-arm—I have an iron hook to my arm—I did not hold up my hand in any way.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-83" type="witnessName">
<interp inst="t18720923-name-83" type="gender" value="male"/>
<interp inst="t18720923-name-83" type="surname" value="LYNCH"/>
<interp inst="t18720923-name-83" type="given" value="JOHN"/>JOHN LYNCH</persName> </hi>. I live at Hounslow, and can see the prosecutor's house from my garden—I saw the prisoner there on 2nd August, and saw him hit the prosecutor with this hammer.</p>
<hi rend="italic">Prisoner. Q.</hi> How far off were you?
<hi rend="italic">A.</hi> About fifty yards—I could not swear that this was the hammer at that distance, but it is the hammer you had in your hand when I came round—I had to go round Booth Road, as my brother would not let me go down the garden—there is an opening through the trees in the garden; it is a market garden.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-84" type="witnessName">
<interp inst="t18720923-name-84" type="gender" value="male"/>
<interp inst="t18720923-name-84" type="surname" value="CLARK"/>
<interp inst="t18720923-name-84" type="given" value="JOHN"/>JOHN CLARK</persName> </hi>. I am a carpenter, of Isleworth—on 2nd August I was opposite the prosecutor's house—Mrs. Northcott came out and asked for my assistance—I went in to her, and saw the prisoner—he said he had begun it, and he would end it.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-85" type="witnessName">
<interp inst="t18720923-name-85" type="gender" value="male"/>
<interp inst="t18720923-name-85" type="surname" value="BULLOCK"/>
<interp inst="t18720923-name-85" type="given" value="HENRY"/>HENRY BULLOCK</persName> </hi>. I am a surgeon, of Hounslow—on the evening of 2nd August I saw Northcott, and found a compound fracture of the skull on the left temple, which could have been inflicted by an instrument of this</p>
<xptr type="pageFacsimile" doc="187209230025"/>
<p>description—he is still in my hands, and I do not think he is free from danger yet.</p>
<hi rend="italic">Prisoner. Q.</hi> Could a blow be given accidentally with a hammer?
<hi rend="italic">A</hi>, Yes; a blow with any other instrument would produce it, and a fall might produce it.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-86" type="witnessName">
<interp inst="t18720923-name-86" type="gender" value="male"/>
<interp inst="t18720923-name-86" type="surname" value="MANSBRIDGE"/>
<interp inst="t18720923-name-86" type="given" value="GEORGE"/>GEORGE MANSBRIDGE</persName> </hi> (
<hi rend="italic">Policeman T</hi> 308). On 2nd August I toot the prisoner in custody—on the way to the station he said I did it in self-defence—I did not, do it with the hammer, but with this "iron-hook" (
<hi rend="italic">produced</hi>).</p>
<hi rend="italic">Prisoner. Q.</hi> Have you had any conversation with any one about this prosecution?
<hi rend="italic">A.</hi> One man spoke to me, and I told him that you said you could produce witnesses—he said if you wanted him. he would be 200 or 300 miles away.</p>
<hi rend="italic">Prisoner's Defence.</hi> I did it in self-defence. My intention was to take the child where she would get properly treated and made clean, to go away on the following Sunday. I was mending her boots, and the woman wanted to put her to bed. I said "Don't put her to bed, I am going to take her away to-night"—(the woman had given me notice to quit, because she had found out that I had taken another lodging). The prosecutor said "Are you, you b—, you shall not go away without a broken head, that is what I will let you have; I have an iron-arm here that will do it; I have let many a man have it." I had this iron hook in my hand, and threw it to keep them from me, and it caught him on the side of the head. I was not going away myself that night, but I wanted to take the child away because she was not properly treated. The prosecutor and his wife were the real cause of it. I never thought of doing such a thing. If the prosecutor had not commenced the attack upon me it never would have happened. The hammer was never in my hand.</p>
<hi rend="smallCaps">
<rs id="t18720923-664-verdict-1" type="verdictDescription">
<interp inst="t18720923-664-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18720923-664-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18720923-665">
<interp inst="t18720923-665" type="uri" value="sessionsPapers/18720923"/>
<interp inst="t18720923-665" type="date" value="18720923"/>
<join result="criminalCharge" id="t18720923-665-charge-1" targOrder="Y" targets="def1-665-18720923 t18720923-665-offence-1 t18720923-665-verdict-1"/>
<persName id="def1-665-18720923" type="defendantName">
<interp inst="def1-665-18720923" type="gender" value="male"/>
<interp inst="def1-665-18720923" type="age" value="25"/>
<interp inst="def1-665-18720923" type="surname" value="CONNOR"/>
<interp inst="def1-665-18720923" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS CONNOR</hi> (25)</persName>
<rs id="t18720923-665-offence-1" type="offenceDescription">
<interp inst="t18720923-665-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18720923-665-offence-1" type="offenceSubcategory" value="burglary"/>, Burglariously breaking and entering the dwelling-house of
<persName id="t18720923-name-88" type="victimName">
<interp inst="t18720923-name-88" type="gender" value="male"/>
<interp inst="t18720923-name-88" type="surname" value="POCOCK"/>
<interp inst="t18720923-name-88" type="given" value="GEORGE JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18720923-665-offence-1 t18720923-name-88"/>George John Pocock</persName>, and stealing therein two watches and two gold necklaces, his property.</rs> </p>
<hi rend="smallCaps">MR. WOOD</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18720923-name-89" type="witnessName">
<interp inst="t18720923-name-89" type="gender" value="male"/>
<interp inst="t18720923-name-89" type="surname" value="BREWER"/>
<interp inst="t18720923-name-89" type="given" value="CHARLES"/>CHARLES BREWER</persName> </hi> (
<hi rend="italic">Policeman N</hi> 550). On 10th September, about 2 o'clock a. m., I was on duty in Essex Road—I heard a noise, and saw a man standing outside the prosecutor's shop—I went down by a lamp, and the prisoner saw me pass and crossed the road—I ran as fast as I could, but in turning the corner by the lamp I fell—I saw the side of his face, and saw the dress he wears now—the prisoner is the man—I was stunned by my fall, and when I came to my senses the prisoner was gone—somebody gave me information, and I ran down a passage, but saw nothing—in coming back, I found this card (
<hi rend="italic">produced</hi>) with two watches attached to it, in Green Man's Lane—I picked it up and rung the prosecutor's bell at 135, Essex Road—he came down, and I found the window broken, the shutter prized, and a little glass shelf removed—I informed other policemen, and among them Allingham—I was sent for to the station the same morning, and picked the prisoner out from five others.</p>
<hi rend="italic">Prisoner. Q.</hi> Did not you say before the Magistrate that you saw the prisoner's back, but did not see his face?
<hi rend="italic">A.</hi> No.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-90" type="witnessName">
<interp inst="t18720923-name-90" type="gender" value="male"/>
<interp inst="t18720923-name-90" type="surname" value="POCOCK"/>
<interp inst="t18720923-name-90" type="given" value="GEORGE JOHN"/>GEORGE JOHN POCOCK</persName> </hi>. I am a pawnbroker, of 135, Essex Road—on 12th September I went to bed between 11.30 and 12—my window was then safe and the shutter unbroken—the window was full of jewellery, and</p>
<xptr type="pageFacsimile" doc="187209230026"/>
<p>two watches were attached to this card—when the policeman called me the shutter was down and the window open, and I missed the watches and two gold necklaces.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-91" type="witnessName">
<interp inst="t18720923-name-91" type="gender" value="male"/>
<interp inst="t18720923-name-91" type="surname" value="TEW"/>
<interp inst="t18720923-name-91" type="given" value="THOMAS"/>THOMAS TEW</persName> </hi> (
<hi rend="italic">Detective Officer N</hi>). On 12th September I saw the prisoner sitting down near the prosecutor's shop about 7.30, and again at 10.30, when some more men were sitting with him on the Thatched House steps, about 100 yards from this shop.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-92" type="witnessName">
<interp inst="t18720923-name-92" type="gender" value="male"/>
<interp inst="t18720923-name-92" type="surname" value="ALLINGHAM"/>
<interp inst="t18720923-name-92" type="given" value="MAXWELL"/>MAXWELL ALLINGHAM</persName> </hi> (
<hi rend="italic">Detective Officer N</hi>). I took the prisoner about 150 yards from Mr. Pocock's shop—I had received his description—I told him he would be charged with breaking into Mr. Pocock's house, and stealing two watches and chains—he said he knew nothing about it; he could prove where he was at the time—he was placed with other working men, and Brewer picked him out.</p>
<hi rend="italic">Witnesses for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18720923-name-93" type="witnessName">
<interp inst="t18720923-name-93" type="gender" value="female"/>
<interp inst="t18720923-name-93" type="surname" value="M'CRAY"/>
<interp inst="t18720923-name-93" type="given" value="JANE"/>JANE M'CRAY</persName> </hi>. The prisoner lodges in my house—on Monday, 9th September, he slept there the whole night—I saw him go to bed, and he was in bed in the morning—he came home at 9.30, went to bed about 12, and left home in the morning at 10.15 or 10.30.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WOOD</hi>. He had slept in the parlour till that night, but that night he slept in the kitchen—he came in through the window on Sunday night, the night before, and he was
<hi rend="italic">blowed up</hi> for it—my husband objected to it, and then he changed places with us, and we slept in the parlour and he in the kitchen—the kitchen door is bolted, and a nail driven in—it has not been opened for some time—the prisoner has been there a fortnight—his coat and hat were in my parlour all night.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-94" type="witnessName">
<interp inst="t18720923-name-94" type="gender" value="male"/>
<interp inst="t18720923-name-94" type="surname" value="M'CRAY"/>
<interp inst="t18720923-name-94" type="given" value="WILLIAM"/>WILLIAM M'CRAY</persName> </hi>. I am a carpenter—I remember the prisoner coming home on this Monday night between 9.30 and 10, and going to bed and getting up in the morning—he was in bed at 7 o'clock, when I went to get some wood—his hat and coat were in the back parlour—I had told him that, in consequence of his coming in at the window on Saturday, he would have to sleep down stairs in the kitchen, and I gave him warning to quit the premises.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-95" type="witnessName">
<interp inst="t18720923-name-95" type="gender" value="male"/>
<interp inst="t18720923-name-95" type="surname" value="FIRMAN"/>
<interp inst="t18720923-name-95" type="given" value="ALFRED"/>ALFRED FIRMAN</persName> </hi>. On this Monday night I was at M'Cray's house, and the prisoner entered shortly after 9.30, and he was in my presence till 11.45—his coat and hat were off, and M'Cray deputed him to sleep down stairs—as I was leaving the room he was rising to go down stairs.</p>
<hi rend="italic">Prisoner's Defence.</hi> On the night in question I went home, and was in the house till after 10 next morning. I went up the Essex Road, and was taken there. If I had committed the burglary, I should not have gone so near to where it was committed. My lodgings are a mile or a mile and a half from the place. There never was a man more innocent of a charge than me.</p>
<hi rend="smallCaps">
<rs id="t18720923-665-verdict-1" type="verdictDescription">
<interp inst="t18720923-665-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18720923-665-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, September</hi>, 1872.</p>
<hi rend="italic">Before Mr. Justice Lush.</hi> </p>
<div1 type="trialAccount" id="t18720923-666">
<interp inst="t18720923-666" type="uri" value="sessionsPapers/18720923"/>
<interp inst="t18720923-666" type="date" value="18720923"/>
<join result="criminalCharge" id="t18720923-666-charge-1" targOrder="Y" targets="def1-666-18720923 t18720923-666-offence-1 t18720923-666-verdict-1"/>
<persName id="def1-666-18720923" type="defendantName">
<interp inst="def1-666-18720923" type="gender" value="male"/>
<interp inst="def1-666-18720923" type="age" value="26"/>
<interp inst="def1-666-18720923" type="surname" value="WALTON"/>
<interp inst="def1-666-18720923" type="given" value="THOMAS WILLIAM"/>
<hi rend="largeCaps">THOMAS WILLIAM WALTON</hi> (26)</persName>
<rs id="t18720923-666-offence-1" type="offenceDescription">
<interp inst="t18720923-666-offence-1" type="offenceCategory" value="damage"/>
<interp inst="t18720923-666-offence-1" type="offenceSubcategory" value="arson"/>, Feloniously setting fire to his dwelling-house;
<persName id="t18720923-name-97" type="victimName">
<interp inst="t18720923-name-97" type="gender" value="female"/>
<interp inst="t18720923-name-97" type="surname" value="HEATH"/>
<interp inst="t18720923-name-97" type="given" value="ELIZA"/>
<join result="offenceVictim" targOrder="Y" targets="t18720923-666-offence-1 t18720923-name-97"/>Eliza Heath</persName> and others being therein.</rs> </p>
<hi rend="smallCaps">MESSRS. POLAND</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">COLLINS</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MESSRS</hi>.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-98" type="witnessName">
<interp inst="t18720923-name-98" type="gender" value="male"/>
<interp inst="t18720923-name-98" type="surname" value="WILLIAMS"/>
<interp inst="t18720923-name-98" type="given" value="MONTAGU"/>MONTAGU WILLIAMS</persName> </hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">CHARLES MATTHEWS</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18720923-name-99" type="witnessName">
<interp inst="t18720923-name-99" type="gender" value="male"/>
<interp inst="t18720923-name-99" type="surname" value="PAYNE"/>
<interp inst="t18720923-name-99" type="given" value="GEORGE"/>GEORGE PAYNE</persName> </hi>. I am a surveyor, of Whitehall Place—I have made a ground plan of the Britannia public-house—I produce the original plan</p>
<xptr type="pageFacsimile" doc="187209230027"/>
<p>made to a scale, and these are copies—the house has a basement, ground-floor, first-floor, and attic.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-100" type="witnessName">
<interp inst="t18720923-name-100" type="gender" value="male"/>
<interp inst="t18720923-name-100" type="surname" value="BEARD"/>
<interp inst="t18720923-name-100" type="given" value="GEORGE"/>GEORGE BEARD</persName> </hi> (
<hi rend="italic">Policeman, G</hi> 231). On the night of 3rd August I was on duty in a street near the Britannia public-house—there are dwelling-houses on one side, and on the other a passage bounded by the Metropolitan Railway—I saw the gas alight in the bar-parlour that night up to about 2 o'clock, as near as possible; I can't say to a few minutes—at 3.45 I observed smoke coming out of the cellar-flap, which projects on the pave
<lb/>ment, and also under the bar doors, and from the fan-light, a pane of which was broken—I went to the side door in the passage and knocked and rang the bell and
<hi rend="italic">hammered</hi> and kicked at the door—some person answered me from the second-floor window; I can't say who it was, and in two or three minutes the prisoner came to the door; he had on his shirt and trousers and stockings, but no boots—when he opened the door I said "Your house is on fire"—he said "Is it?"—I said "Yes, you had better get the people out"—he then shut the door at once; he stood there hardly a second—I said "Come and see the smoke coming out in front"—he did not come out; he shut the door at once as I was standing at the door—I remained outside four or five minutes; I then knocked and kicked at the door again—the smoke was increasing—the prisoner came down again immediately, dressed just the same; he opened the door; I told him he did not seem to exert himself to get the people out, nor to see where the fire was—he was not agitated in the slightest—I then went into the house through the bar-parlour and opened the door into the bar; I shut the outer door—the pri
<lb/>soner went up stairs again—the bar was full of smoke—I closed the door again immediately—there are two doors out of the bar, one into the tap-room at the end of the bar, and the other into the bar-parlour at the other end of the bar—the bar-parlour was quite free from smoke—the fire-escape came almost immediately—the fire-escape man came in at the door; it was open—he went up stairs and brought down a child, and the other persons followed down—there were two lodgers, a servant, two children, and the prisoner's wife; the prisoner came down with them—it was unusual to see a light in the bar-parlour at two o'clock—I never saw it before at that time—I was past the premises a number of times between 2 and 3.45, and I saw that the light was out—other constables and the fire-escape man came and examined the premises.</p>
<hi rend="italic">Cross-examined.</hi> I saw the light up to about 2 o'clock, as near as I can say within a few minutes—I can hear the clock chimes every time I go round. King's Cross—I saw no light when I passed after that—the children were undressed when I saw them; in their night-clothes—the wife was dressed when she came down stairs—I should say that was about ten minutes after I first knocked—the servant had got her outside clothing on—she appeared as if she had put them on in a hurry—she seemed very much frightened—the lodgers were dressed; I can't say fully; they had their trousers and that on—they brought their box down with them—when I first gave the alarm the prisoner shut the door and fastened it—he unfastened it again and let me in after knocking again between four and five minutes.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-101" type="witnessName">
<interp inst="t18720923-name-101" type="gender" value="male"/>
<interp inst="t18720923-name-101" type="surname" value="WARD"/>
<interp inst="t18720923-name-101" type="given" value="JOHN THOMAS"/>JOHN THOMAS WARD</persName> </hi>. I was a fireman on 3rd August, in charge of the escape stationed at the corner of Liverpool Street opposite King's Cross Station, between four and five minutes' run from the Britannia—on the Saturday morning between 3.50 and 3.55 I received a call—I went at once with my escape to the Britannia—I noticed smoke issuing from underneath</p>
<xptr type="pageFacsimile" doc="187209230028"/>
<p>the window and the doors of the bar; the door's were shut—I saw a light in the top floor window and I pitched my escape right under that window and I was in the act of going up when the constable told me I could get up the staircase—I then found that the side door was open—I took one of the lamps off the escape and went in and up the staircase to see if there were any inmates—I went into the prisoner's bedroom and there I found him and his wife ready dressed and a child lying on the bed undressed, fast asleep—that was the room where I had seen the light, the second floor front—I said it was rather a curious game to see his child lying a-bed fast asleep like that and his house on fire, and I was in the act of taking the child off the bed when the wife said she would carry it down—the prisoner made no reply to what I said; he seemed perfectly calm and cool about everything; all the dress that he was minus of was his cap—I then went into the ser
<lb/>vant's bed room on the same floor, the next room, I found her, as I thought, fully dressed—there was an infant lying in her bed fast asleep—I took hold of it and brought it down and gave it to a stranger or a policeman; it was undressed, in its nightgown—I did not see the lodgers at that time—when I came down the firemen had arrived, the volunteers came first—after I had moved my escape to the opposite side of the road, I walked back and found they had got the cellar-flap up, and had a branch down there working from a stand-pipe—I remained until the fire was put out—I examined the pre
<lb/>mises as far as I could—I noticed a quantity of paraffin or petroleum or some other kind of mineral oil on the top of one of the casks in the cellar, right under the funnel-hole which communicates with the taproom; the cask was standing on its end, the oil was on the head of the cask, not in anything—there was a very strong smell of this oil in the cellar, but I was a long time before I could find out where it was, the smoke was so dense—I afterwards went into the taproom with Mr. Bridges, the Superintendent of the Fire Brigade, and the officer, and there we found a quantity of wood shavings strewed all over the taproom, but the greater part was just round about the funnel-hole—there was a very strong smell of this oil in the taproom, the shavings were saturated with it; and there were stains on the wainscoting partition about two thirds of the way up.</p>
<hi rend="italic">Cross-examined.</hi> One of the children was about two or three years of age and the other about eighteen months—the oil on the top of the cask I took to be paraffin, it was a mineral oil of some kind—Inspector Hume was there and made a careful survey of the premises, with Mr. Bridges and Mr. Hutchins—the cellar where this cask was is right at the back of the beer cellar, it communicates with it; the flap was in the beer cellar.</p>
<hi rend="italic">Re-examined.</hi> I did not test what was in the cask—I did not notice anything burning in the cellar; it was full of smoke.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-102" type="witnessName">
<interp inst="t18720923-name-102" type="gender" value="male"/>
<interp inst="t18720923-name-102" type="surname" value="HUTCHINS"/>
<interp inst="t18720923-name-102" type="given" value="WILLIAM ARTHUR"/>WILLIAM ARTHUR HUTCHINS</persName> </hi>. I am the officer in charge of the Metro
<lb/>politan Fire Brigade at Farringdon Street—at about 4.54 on Sunday morning, 4th August, I was called by a policeman in a cab to go to the Britannia public-house; I went immediately—the Volunteer Fire Brigade had arrived at that time, and had been pumping with a portable hydrant—I went in at the street-door, and went first into the taproom—I observed a considerable quantity of shavings on the floor of that room—they were smouldering in two distinct places—there was a very strong smell of paraffin—I at once took up the shavings and smelt them; they smelt of paraffin of some description—I should say there had been a great quantity of paraffin upon them—they were wet, but, of course, water had been poured upon</p>
<xptr type="pageFacsimile" doc="187209230029"/>
<p>them as well—I examined all the shavings in different parts of the room, and they all smelt of paraffin—the wooden partition had streams of wet oil in one or two places—I put my hand on it, and drew the oil from it—that was a boarding against the wall, 4 or 5 feet high—there were settles attached to the walls, and the greater part of them were covered with paraffin, and some had splashed on to the sawdust—there was also a quantity of paraffin on the table, and a large empty sack was nearly half saturated with it—there was nearly a sackful of shavings about the room, and many of them were burnt—the door between the taproom and bar being shut, there was no draught—the wooden panellings in the corner behind the tap-room door were considerably burnt; they had most certainly blazed—I then went into the cellar—there had been more fire there by a great deal than there had been in the taproom—there were consumed shavings on the floor; some partly burnt, and some not burnt—they were principally in the back cellar, the spirit cellar, immediately under the taproom—there is a funnel-hole about the size of a crown-piece communicating between the cellar and taproom, for the purpose of pouring 'spirits down—the taproom floor forms the ceiling of the cellar; it is only flooring, joisting—by the quantity consumed, I should say there were more shavings in the cellar than in the taproom; there would be at least a sackful—the staircase or passage, about 8 or 10 feet in length, leading from the ground floor to the cellar was else strewn with shavings—there was a smell of paraffin in the cellar, but not quite so strong as in the taproom—the ceiling was charred, but not to a great extent—the cellar is about 6 1/2 feet in height—on one of the casks, which was lying on its
<hi rend="italic">belly</hi>, there was a mound of sawdust and burnt shavings deeply saturated with paraffin, that was nearly consumed—I found an empty two-gallon stone bottle in the cellar which smelt very strongly of paraffin—I poured some into my hand; there were three or four table-spoonsful of paraffin, or a little more, left in the bottom—I should say there had been two distinct fires in the taproom, but not enough to clearly swear by, and one fire in the cellar distinct from the taproom fire—I am quite sure of that—I saw the prisoner shortly afterwards next door—I told him that the circumstances were very curious, and asked if he had had any repairs done lately, or could he in any manner account for the shavings—he made no reply at first, but he ultimately said, within a minute or two, that he had carried some through the previous evening into the back place, and he might have dropped some—I called his attention to the shavings more particularly in the taproom—he said he could not account for them—I asked who was the last in the place—he said he was—I think he said he went to bed about 1 o'clock—I took a cursory view of the stock; I did not see closely into it—I saw that all the spirit casks were empty; I should say there were about eight or nine in the cellar—the one on which the little mound had been was charred—I went up stairs with the inspector and the prisoner; he accompanied us through the house—a bed was pointed out to me in the front room second floor—the prisoner said that was his bed where he had slept, and a person drew my attention to the fact that only one person had lain in it—I noticed only the impression of one person—I put my fist on the bed to see if it was one—that would give an impression of a person lying on it, and my fist went into it; it was an ordinary soft bed—I told the prisoner the facts did not look as if he had slept there—he made no reply that I know of—I saw a cask standing on its top in the cellar—it is a mistake of the last witness; it was not paraffin on that, it was water</p>
<xptr type="pageFacsimile" doc="187209230030"/>
<p>that had flowed down the funnel-hole; it was exactly under the hole—there was no paraffin among it that I could perceive.</p>
<hi rend="italic">Cross-examined.</hi> The bed was an ordinary bed, on an iron bedstead; there was an impression of one person having lain in it, on the side next the wall—I did not see a child on the bed, or any impression of where a child had been lying—the bed was against the wall—Ward is a man who has had very little experience in fires—he was with us for a very short time, and he has left—I should say a great quantity of paraffin had been used here—I could not form an idea how much—this (
<hi rend="italic">produced</hi>) is the jar I found—the sack I saw did not contain many shavings—there was another sack found under the staircase leading to the cellar—that was about the same size as the other, and was to all appearance empty—that was strung over a sort of wicket gate that was placed to keep the children from falling down the stairs—when I saw the lodgers they were dressed.</p>
<hi rend="italic">Re-examined.</hi> The name on the jar is, "Nathaniel Pollard, wine and spirit merchant, Epping"—I am perfectly sure that what I poured out of that jar was paraffin, or a description of paraffin.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-103" type="witnessName">
<interp inst="t18720923-name-103" type="gender" value="male"/>
<interp inst="t18720923-name-103" type="surname" value="HUME"/>
<interp inst="t18720923-name-103" type="given" value="WILLIAM"/>WILLIAM HUME</persName> </hi> (
<hi rend="italic">Police-Inspector G</hi>). On 4th August, about 4 o'clock in the morning, I went to the fire—I was outside, in charge of the police—my attention was called by the last witness, and I accompanied him into the building—I went into the taproom—I should say there was nearly a sack
<lb/>ful of shavings strewn all over the taproom—I took them up and smelt them, and they smelt very strongly of paraffin oil—the table in the middle of the room was also saturated with the same oil—the wainscot was stained with oil, and the settles or wooden benches—there was a sack with a quantity of paraffin oil on it—there was a quantity of charred shavings in the corner of the room, close to the door leading to the bar—the lower part of the door was also charred—I produce one of the panels—I have not any of the shavings—I saw charred shavings in different parts of the room—I should say there had been two distinct fires in the taproom—I went into the spirit cellar—there were shavings on the staircase and in the passage; they were not burnt, and did not smell of paraffin—the cellar door was wet with paraffin oil—there was a cask on its side, with ashes of shavings on it, smelling very strong of oil—there was a quantity of shavings strewn over the cellar, partly burnt and unburnt—I was present when this jar was found; at that time it smelt of paraffin oil—I poured out a portion of the dregs, and have not the slightest doubt it was paraffin oil—I found the prisoner next door, at a neighbour's house—I brought him in, and his attention was called to the shavings and the oil—we asked if he could account for it in any way; if he had had carpenters in the house—he said no—he said he had got in some shavings to light the fires with, and in carrying the sacks through the tap-room to the cellar some of them might have fallen out—I called his attention to there being about a sackful in the room, but he made no further answer—he said he went to bed about 1 o'clock, that he closed the house himself, and was the last up—I asked him to show me where he slept, which he did—he said that he slept with his wife and child in there, and I saw an impression of one person having slept in the bed—I could not see the impressions of two persons—the outer side of the bed had not been apparently slept in—there was no impression on the pillow—the clothes were off the bed altogether—I understood afterwards that they had been thrown round the children—I called the prisoner's at
<lb/>tention to only one person having apparently slept in the bed—he declared</p>
<xptr type="pageFacsimile" doc="187209230031"/>
<p>that he had lain there—I went downstairs and spoke to Mr. Bridges, and then came up again to the same room—the prisoner and his wife were then both on the bed, at least his wife was lying on the bed, and he was leaning half on and half off the bed—I told him that everything was very sus
<lb/>picious, and as he could give no account as to how the fire originated, I considered it my duty to take him into custody for wilfully setting fire to the house, there being other persons therein at the time—he made no reply—he took the policy of insurance out of his coat pocket, and handed it to his wife, and I took charge of it—I produce it. (
<hi rend="italic">This was dated ith March, 72, and was a policy effected with the Phoenix for </hi>100
<hi rend="italic">l. on stock and utensils in trade, and </hi>100
<hi rend="italic">l. on household goods, premiums paid </hi>6
<hi rend="italic">s. up to Christmas.</hi>) I examined the stock—there was very little, and the furniture was very poor indeed.</p>
<hi rend="italic">Cross-examined.</hi> He had previously produced the policy to me and Mr. Hutchings in the adjoining house, and I handed it back to him after looking at it—I had asked him for it—his wife had it, and he went and fetched it—there was an iron railing at the foot of the bed—I only saw the impression of one person in the bed—that was on the side next the wall.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-104" type="witnessName">
<interp inst="t18720923-name-104" type="gender" value="male"/>
<interp inst="t18720923-name-104" type="surname" value="BRIDGES"/>
<interp inst="t18720923-name-104" type="given" value="JOHN CLIFF"/>JOHN CLIFF BRIDGES</persName> </hi>. I am Superintendent of the Metropolitan Fire Brigade—I went to the house in question about 4.45, with the inspector and Mr. Hutchings—I examined the place—there was all the appearance of there having been two distinct fires in the taproom, but I could not positively swear to it—they were in different parts of the same room—whether the fire in the cellar was a separate one would depend on how the shavings were strewn—the fires could have communicated if the shavings had been laid over the hole where the spirit funnel passed.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-105" type="witnessName">
<interp inst="t18720923-name-105" type="gender" value="male"/>
<interp inst="t18720923-name-105" type="surname" value="PONTON"/>
<interp inst="t18720923-name-105" type="given" value="DENNIS"/>DENNIS PONTON</persName> </hi>. I am a butcher—on Saturday, 3rd August, I was lodging in the prisoner's house with a man named Cousins—we occupied the same room, the first floor back—I went to bed about 11 o'clock that night—I remained in the room until the alarm of fire was given—my fellow lodger came in after me—I left the prisoner up when I went to bed, and the house was open at that time—I was awoke by the knocking' at the door—the prisoner was coming down stairs at the same time that I came out of my room—he called out, and said either that there was a fire, or the house was on fire—Cousins and I were the only two lodgers.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-106" type="witnessName">
<interp inst="t18720923-name-106" type="gender" value="male"/>
<interp inst="t18720923-name-106" type="surname" value="COUSINS"/>
<interp inst="t18720923-name-106" type="given" value="JOHN"/>JOHN COUSINS</persName> </hi>. I am a butcher—on the night of 3rd August I was lodging at the prisoner's house—I had been there from the Tuesday previous—I went to bed that night just after Ponton, somewhere about 11 o'clock—we occupied the same bed—I did not wake till Ponton woke me up—the prisoner was up attending to his business when I went to bed—I was to have left on Monday morning.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-107" type="witnessName">
<interp inst="t18720923-name-107" type="gender" value="female"/>
<interp inst="t18720923-name-107" type="surname" value="HEATH"/>
<interp inst="t18720923-name-107" type="given" value="EMILY"/>EMILY HEATH</persName> </hi>. I am fourteen years of age—I was in the prisoner's service—I knew him when he lived at Hounslow—I don't know what he was there—when he came to the Britannia I came up also, about a week after Christmas, with his wife and two little children, one about three or four years of age, and the other about eighteen months—I continued to live with them there until this affair occurred—I was the only servant—on the Saturday in question the only persons who were in the house were the prisoner, his wife, myself, the two children, and two lodgers—my room was the second floor front—both the children slept with me—the room adjoined my master's—I went to bed about 10 o'clock on the Saturday</p>
<xptr type="pageFacsimile" doc="187209230032"/>
<p>night—I did not go out of the room again until the alarm was give—I heard the knocking—my mistress came in after that and took the youngest child from me—she said the house was on fire, and told me to put some
<lb/>thing round me and get up—I got up at once, and when I was putting up my things the fireman came and fetched the other child out of my bed—when I first went to live at the Britannia there was a paraffin lamp there—I was carrying it up, lighted, one day, and dropped the glass and smashed it—that was soon after I went there—the lamp was not used after that—shavings were used to light the fires always—there used to be two fires, one up in the bedroom, and one in the bar-parlour; but not in August; there was only a fire in the bar-parlour then—I had not lighted a fire in the bar-parlour that day—the one in the kitchen was the only one in the house that day—the kitchen goes out of the bar-parlour on the same floor, not. down below—I was going to leave on the Monday; my mistress had given me notice the week before.</p>
<hi rend="italic">Cross-examined.</hi> I have not left yet—I am still living with the prisoner's wife—up to the time I heard the knocking I and the children were fast asleep—we were in the habit of having in sacks of shavings to light the fires—was the ordinary custom all the time I was there.</p>
<hi rend="italic">Re-examined.</hi> we did not have more than one sack in at the time—the last quantity came in on the wednesday before; that was a sack—was a; I saw—there were some shavings in the house then; a few that were dept in the cellar—they were turned out of the sack in the beer cellar—none of them were kept in the spirit cellar that I know of, nor in the taproom.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-108" type="witnessName">
<interp inst="t18720923-name-108" type="gender" value="male"/>
<interp inst="t18720923-name-108" type="surname" value="ESTELL"/>
<interp inst="t18720923-name-108" type="given" value="EDWIN DAVIS"/>EDWIN DAVIS ESTELL</persName> </hi>. I am manager to Messrs. Wood & Co., brewers, victoria street, westminster—I also ant as agent to the metropolitan victoria street, railway, to let public-houses and beershops—on 4th January, 1872, I entered into a written agreement with the prisoner to let him the britannia—i have the agreement here—it is a licensed house; the rent was 17
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. a quarter—the first quarter's rent was due in March; that was paid—the Midsummer quarter was not paid—I applied for it on he 29th July—the prisoner said he would pay the following week—he paid me 10
<hi rend="italic">l</hi>. for beer on that day—after the 4th august I put in a distress for the 17
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. the goods were seized and sold.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-109" type="witnessName">
<interp inst="t18720923-name-109" type="gender" value="male"/>
<interp inst="t18720923-name-109" type="surname" value="CROW"/>
<interp inst="t18720923-name-109" type="given" value="JOHN"/>JOHN CROW</persName> </hi>. I am a appraiser, of 88, vauxhall bridge road—after the distress for tent was put in at the britannia, I valued the furniture there, and things belonging to the prisoner—I valued them at 8
<hi rend="italic">l</hi>. 17
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—that included the whole of his property—there was some property in the house that belonged to the company—it was a forced sale by auction.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-110" type="witnessName">
<interp inst="t18720923-name-110" type="gender" value="male"/>
<interp inst="t18720923-name-110" type="surname" value="HAYWOOD"/>
<interp inst="t18720923-name-110" type="given" value="THOMAS"/>THOMAS HAYWOOD</persName> </hi>. I went to the britannia on the 29th august, after the fire, to value the stock by the inspector of police—the prisoner's wife was in charge of the house at the time—the value of the spirit was 2
<hi rend="italic">l</hi>. 19
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>.—the rest was beer, ale, and a little vinegar.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-111" type="witnessName">
<interp inst="t18720923-name-111" type="gender" value="male"/>
<interp inst="t18720923-name-111" type="surname" value="HUME"/>
<interp inst="t18720923-name-111" type="given" value="WILLIAM"/>WILLIAM HUME</persName> </hi> (
<hi rend="italic">re-examined</hi>). after the first hearing it the police court, at the magistrate's suggestion, the treasury was communicated with, for the purpose of prosecuting this case, and they have conducted it—originally, there was no professional person engaged—the insurance office and the metropolitan railway were communicated with, but did not inter
<lb/>fere—the magistrate suggested that some professional person should be</p>
<xptr type="pageFacsimile" doc="187209230033"/>
<p>called in, and the prosecution is now conducted by Mr. Wontner, as agent for the Treasury.</p>
<hi rend="smallCaps">
<rs id="t18720923-666-verdict-1" type="verdictDescription">
<interp inst="t18720923-666-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720923-666-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18720923-666-punishment-16" type="punishmentDescription">
<interp inst="t18720923-666-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18720923-666-punishment-16" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-666-18720923 t18720923-666-punishment-16"/>Ten Tears' Penal Servitude.</rs> </hi> </p> </div1>
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<interp inst="t18720923-667" type="uri" value="sessionsPapers/18720923"/>
<interp inst="t18720923-667" type="date" value="18720923"/>
<join result="criminalCharge" id="t18720923-667-charge-1" targOrder="Y" targets="def1-667-18720923 t18720923-667-offence-1 t18720923-667-verdict-1"/>
<persName id="def1-667-18720923" type="defendantName">
<interp inst="def1-667-18720923" type="gender" value="male"/>
<interp inst="def1-667-18720923" type="age" value="70"/>
<interp inst="def1-667-18720923" type="surname" value="OGILVIE"/>
<interp inst="def1-667-18720923" type="given" value="ALEXANDER"/>
<hi rend="largeCaps">ALEXANDER OGILVIE</hi> (70)</persName>
<rs id="t18720923-667-offence-1" type="offenceDescription">
<interp inst="t18720923-667-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18720923-667-offence-1" type="offenceSubcategory" value="fraud"/>,
<hi rend="smallCaps">
<rs id="t18720923-667-verdict-1" type="verdictDescription">
<interp inst="t18720923-667-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720923-667-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to unlawfully signing a certificate, he not being a surgeon, by which one
<persName id="t18720923-name-113" type="victimName">
<interp inst="t18720923-name-113" type="gender" value="male"/>
<interp inst="t18720923-name-113" type="surname" value="MILLS"/>
<interp inst="t18720923-name-113" type="given" value="CHARLES FRANCIS"/>
<join result="offenceVictim" targOrder="Y" targets="t18720923-667-offence-1 t18720923-name-113"/>Charles Francis Mills</persName> was admitted into a licensed house for lunatics</rs>
<rs id="t18720923-667-punishment-17" type="punishmentDescription">
<interp inst="t18720923-667-punishment-17" type="punishmentCategory" value="miscPunish"/>
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<join result="defendantPunishment" targOrder="Y" targets="def1-667-18720923 t18720923-667-punishment-17"/>
<hi rend="italic">Fined</hi> 50
<hi rend="italic">l</hi>.</rs> </p> </div1>
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<interp inst="t18720923-668" type="uri" value="sessionsPapers/18720923"/>
<interp inst="t18720923-668" type="date" value="18720923"/>
<join result="criminalCharge" id="t18720923-668-charge-1" targOrder="Y" targets="def1-668-18720923 t18720923-668-offence-1 t18720923-668-verdict-1"/>
<join result="criminalCharge" id="t18720923-668-charge-2" targOrder="Y" targets="def2-668-18720923 t18720923-668-offence-1 t18720923-668-verdict-1"/>
<persName id="def1-668-18720923" type="defendantName">
<interp inst="def1-668-18720923" type="gender" value="male"/>
<interp inst="def1-668-18720923" type="age" value="35"/>
<interp inst="def1-668-18720923" type="surname" value="MINEY"/>
<interp inst="def1-668-18720923" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN MINEY</hi> (35)</persName>, and
<persName id="def2-668-18720923" type="defendantName">
<interp inst="def2-668-18720923" type="gender" value="female"/>
<interp inst="def2-668-18720923" type="age" value="20"/>
<interp inst="def2-668-18720923" type="surname" value="WAGHORN"/>
<interp inst="def2-668-18720923" type="given" value="EMMA"/>
<hi rend="largeCaps">EMMA WAGHORN</hi> (20)</persName>, were indicted for
<rs id="t18720923-668-offence-1" type="offenceDescription">
<interp inst="t18720923-668-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18720923-668-offence-1" type="offenceSubcategory" value="manslaughter"/> feloniously killing and slaying
<persName id="t18720923-name-116" type="victimName">
<interp inst="t18720923-name-116" type="gender" value="male"/>
<interp inst="t18720923-name-116" type="surname" value="WAGHORN"/>
<interp inst="t18720923-name-116" type="given" value="EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18720923-668-offence-1 t18720923-name-116"/>Edward Waghorn</persName>; they were also charged on the Coroner's Inquisition with the like offence.</rs> </p>
<hi rend="smallCaps">MR. GRIFFITHS</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18720923-name-117" type="witnessName">
<interp inst="t18720923-name-117" type="gender" value="female"/>
<interp inst="t18720923-name-117" type="surname" value="GIBBS"/>
<interp inst="t18720923-name-117" type="given" value="MARY"/>MARY GIBBS</persName> </hi>. I am married, and live at 22, Craven Street, City Road—on 30th August, about 5.45 in the evening, I saw the male prisoner in the Hackney Road, sitting on a rail in front of a garden, and a little boy sitting by his side on the stone—when I came up, he put his hand to his cap, and I gave the child a halfpenny—the prisoner took it from him—I asked him how old the child was—he said three years of age—I thought it was dying—I said to him "The child looks very ill to me, "and asked if he had had any medical treatment—he said it had been in the Devonshire Square Hospital—I said "What did they say was the matter with it?"—he said "They said it was in a consumption"—I asked him if the child had a mother—he said "Yes"—I said "Where is its mother?"—he said the mother went out to work, and did not come home till 1 or 2 in the morning—I said "The mother is not out at work at that hour in the morning; is not there a policeman anywhere about that can take you to the workhouse?"—he said that they would not take him in, and he
<hi rend="italic">nipped</hi> the child up in his arms to go away, and said "I will take it home to its mother"—he went to go across the road, and I took hold of his arm to stop him—he said "Don't hold me; I am not a thief—I took him and the child to Bethnal Green Workhouse—he said "Don't take me to Bethnal Green, take me to Whitechapel"—I saw Dr. Adams at the workhouse, and the child was given over to one of the nurses—the authorities did not make any difficulty in taking it—I kept by the prisoner until he was given into custody—this was a great thoroughfare where he was sitting—he was putting his hand to his cap to every one that passed—two men came up while I was talking to him.</p>
<hi rend="italic">Miney.</hi> I did not ask her for a halfpenny; I only put my hand to my cap after she gave it, and said "Thank you."
<hi rend="italic">Witness.</hi> No; he put his hand to his cap before—of course I took him to be begging—he did the same to gentlemen who were going by.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-118" type="witnessName">
<interp inst="t18720923-name-118" type="gender" value="male"/>
<interp inst="t18720923-name-118" type="surname" value="BOTFIELD"/>
<interp inst="t18720923-name-118" type="given" value="HENRY"/>HENRY BOTFIELD</persName> </hi>. I am a labourer, and live at 14, Francis Street, Hyde Road—on 20th August I was passing along the Hackney Road with a friend, and saw the male prisoner with the child beside him—as I came up, he put his hand to his cap to my friend, and my friend put his hand in his pocket to give him a penny; but the child attracting our attention, instead of giving it to the prisoner, we ran across the road to get some bread for the child, thinking it was hungry—my friend brought the. bread, and offered it to the child—it dropped its little head on its shoulder, and shook its head, as much as to say it could not eat it—my friend went across the road again, and bought it a cheesecake, and gave it—it snatched at it, and got it to its mouth, and took two little nibbles at it; and the prisoner took the child by the elbow, and said he did not want any cakes: he had cakes</p>
<xptr type="pageFacsimile" doc="187209230034"/>
<p>in his pocket for it—he took the cake away from the child—I did not see where he placed it, as Mrs. Gibbs took him by the arm at the time—the child looked in a very weak state—I followed Mrs. Gibbs to the workhouse, and from there to the Police Station—she was talking to the man as we were crossing the road towards him—I saw her give the child a halfpenny, and saw the prisoner pick the child up in his arms, and take the halfpenny away from it—he did not put his hand to his hat after Mrs. Gibbs gave the halfpenny, but before.</p>
<hi rend="italic">Miney. Q.</hi> Did I ask you for anything?
<hi rend="italic">A.</hi> No, you put your hand to your cap to my friend—you did not do that after my friend gave the child a cake.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-119" type="witnessName">
<interp inst="t18720923-name-119" type="gender" value="female"/>
<interp inst="t18720923-name-119" type="surname" value="BLANKS"/>
<interp inst="t18720923-name-119" type="given" value="MARIA"/>MARIA BLANKS</persName> </hi>. I am a nurse at the receiving ward at Bethnal-Green Workhouse—on 20th August, the child was brought there by Mrs. Gibbs, accompanied by the male prisoner; it was very thin and emaciated—I immediately called the doctor's attention to it, and he ordered it wine, beef. tea, and arrowroot, which I fed it with all night—I weighed the child—it was 17 lbs.—it afterwards went out of my charge into the infirmary.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-120" type="witnessName">
<interp inst="t18720923-name-120" type="gender" value="female"/>
<interp inst="t18720923-name-120" type="surname" value="BOOTLE"/>
<interp inst="t18720923-name-120" type="given" value="ELIZABETH"/>ELIZABETH BOOTLE</persName> </hi>. I am a nurse in the infirmary—the child was placed under my care on the 21st—it was very thin and emaciated, and appeared to be dying—I gave it some warm milk at first, and it seemed to take it very greedily, as if it were hungry—I gave it a little rice boiled in milk—it ate that as if it wished it, and it would have eaten more if I had given it—it had nothing else the matter with it then, but about an hour after it was taken with relaxation of the bowels—it was not able to retain the food it took; it threw it up once or twice, but it was more relaxation than sickness—it lived until the 31st, and then died—it did not improve after the first two or three days—it never rallied—when I received it it was dressed in a night-gown, it came in that from the receiving ward.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-121" type="witnessName">
<interp inst="t18720923-name-121" type="gender" value="female"/>
<interp inst="t18720923-name-121" type="surname" value="BLANKS"/>
<interp inst="t18720923-name-121" type="given" value="MARIA"/>MARIA BLANKS</persName> </hi> (
<hi rend="italic">re-examined</hi>). When the child was brought in it was dressed poorly, but it was wrapped up very warm.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-122" type="witnessName">
<interp inst="t18720923-name-122" type="gender" value="male"/>
<interp inst="t18720923-name-122" type="surname" value="ADAMS"/>
<interp inst="t18720923-name-122" type="given" value="EDMUND JOHN"/>EDMUND JOHN ADAMS</persName> </hi>. I am medical officer at Bethnal Green Work-house—on 20th August I received the child; it was very much emaciated, and looked very ill indeed—I treated it; it died on 31st—I heard the prisoner say when it was admitted that it was two years and a-half old; but I afterwards came to the conclusion that it was four years old; I judged by the teeth; it weighed 17 lbs.—if it were four years old it should weigh from 33 lbs. to 39 lbs.—the immediate cause of death was diarrhea—I made a
<hi rend="italic">post-mortem</hi> examination—in my judgment the diarrhea was caused by improper and insufficient food, and exposure to the outer air—I can hardly say improper food; I would rather say insufficient in quantity—the mesenteric glands were not diseased—the weather was not very cold at the time—the child was fairly clothed; it had no flannels on; I ordered it flannels directly it was admitted—the probabilities are it would have lived if it had had proper treatment; there was no disease to cause death; when a child is in a weakly state the being taken into the open air and kept there for some time would accelerate its death.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-123" type="witnessName">
<interp inst="t18720923-name-123" type="gender" value="female"/>
<interp inst="t18720923-name-123" type="surname" value="SMITH"/>
<interp inst="t18720923-name-123" type="given" value="ELLEN"/>ELLEN SMITH</persName> </hi>. I am the wife of John Smith, a labourer—the two prisoners lodged with me at a registered lodging-house, 14, Flower and Dean Street—they took lodgings as man and wife, and brought the little child with them; they were there about five or six weeks—the man used always to have the child in his arms, and took great care of it; but the mother was very undutiful to it—I told her if she did not take it to the hospital she</p>
<xptr type="pageFacsimile" doc="187209230035"/>
<p>must get fresh lodgings; that was about a fortnight before the male prisoner was taken up—she said she would take it, and she did take it to the hospital; she did not leave it there—I did not speak to her more than once about it; she said it was in a decline—the man used to be very good to the child in regard of giving it little nourishments—I have seen the woman unkind to it, shaking it, and swearing, and saying she wished it was dead—she used to go out in the daytime and come home very late at night; 11 or 12 o'clock—the man always used to have the child in the daytime; he took it out; he used to come home about 7 or 8 o'clock and get the child tea, and they used to go to bed—he fed it; he always set it down at the table with him, and when they were having their victuals together they would set the child in the middle of them, and it had what they had; but the woman was a very cruel mother; she would take and shake the poor little dear—it was very bad when they came to my place, very sickly—I don't know what the man did—he used to go out of a morning and come home in the middle of the day, and go out again with the child.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-124" type="witnessName">
<interp inst="t18720923-name-124" type="gender" value="female"/>
<interp inst="t18720923-name-124" type="surname" value="BOYDEN"/>
<interp inst="t18720923-name-124" type="given" value="CAROLINE"/>CAROLINE BOYDEN</persName> </hi>. I live at 13 and 14, Flower and Dean Street—the prisoners lived there as man and wife—I don't know how they got their living—the man went out in the daytime and took the child with him—I never knew him to do any work—the woman used to go out in the course of the day, and we did not see her again till 10, 11, or 12 o'clock at night, sometimes—the day before he was taken into custody, when he came home he said "I very nearly got into a deal of trouble about the child"—I said "What trouble?"—he said "Being taken up with the child"—I said "Certainly, and serve you right for taking the child out; it is in a dying state, "and he said "I will not take, it out anymore"—next morning I heard him say to his wife that he would not take it out—she said he should, and she swore at him; he put on his cap and coat and went out, and she followed him out with the child in her arms, and I never saw any more of them—that was about 10 or 11 o'clock in the day—I have spoken to her about the illness of the child, and told her that Mrs. Smith said she should not stop unless she took it to the hospital, and with a great deal to do she took it once to the hospital—the child appeared to be in a very bad state—I thought all along that it would not live, it looked dying—she was not altogether a good mother to it, the man treated it well; in regard of buying it little nourishments, eggs, and a little wine, and arrowroot, and stewed eels, and any little thing the child would eat; he was very kind to it, but as for the mother I can say nothing for her—I have not seen her give it food, without they were sitting together; but she gave no attention to it—they seemed to have comfortable food—I think the child was greatly neglected before this man took to the child; I don't think it was kept without food.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-125" type="witnessName">
<interp inst="t18720923-name-125" type="gender" value="female"/>
<interp inst="t18720923-name-125" type="surname" value="EVANS"/>
<interp inst="t18720923-name-125" type="given" value="SARAH"/>SARAH EVANS</persName> </hi>. I live at 18, Thrall Street—the female prisoner lodged there one night, three weeks after Christmas—she had a little boy with her; it was in a dying state—I told her it was very bad and to take it to the Union, or she would get into trouble, and sent her away, and I never saw her any more till about four weeks ago—she said it was not hungry, but it was walking about among the forms picking up the crumbs of bread—I never saw the man.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-126" type="witnessName">
<interp inst="t18720923-name-126" type="gender" value="male"/>
<interp inst="t18720923-name-126" type="surname" value="CHAPMAN"/>
<interp inst="t18720923-name-126" type="given" value="WILLIAM"/>WILLIAM CHAPMAN</persName> </hi> (
<hi rend="italic">Policeman</hi>). I saw the female prisoner before the Coroner—she identified the body of the child as hers, and said that its name was Edward Waghorn, that it was about four years of age, and that its father</p>
<xptr type="pageFacsimile" doc="187209230036"/>
<p>was drowned about five years ago; she also said that she was in the Hackney Road about an hour previous to the man being locked up.</p>
<hi rend="italic">Miney's Defence.</hi> We got what we could for the child, wine and arrow
<lb/>root; we had no proper food to give it.</p>
<hi rend="italic">Waghorn's Defence.</hi> I was not unkind to it. I got what I could for it.</p>
<hi rend="smallCaps">MR. JUSTICE LUSH</hi>
<hi rend="italic">was of opinion that the evidence was not sufficient.</hi>
<hi rend="smallCaps">MR. GRIFFITHS</hi>
<hi rend="italic">suggested that if the child, being in a weakly condition, was taken out for the purpose of exciting commiseration and obtaining alms, and that, in consequence of exposure to the air for that unlawful purpose, its death was accelerated, it would amount to manslaughter.</hi>
<hi rend="smallCaps">MR. JUSTICE LUSH</hi>
<hi rend="italic">did not think, although it would be a very culpable act it would be enough to justify a verdict of manslaughter.</hi> </p>
<hi rend="smallCaps">
<rs id="t18720923-668-verdict-1" type="verdictDescription">
<interp inst="t18720923-668-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18720923-668-verdict-1" type="verdictSubcategory" value="directed"/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday, September</hi> 25
<hi rend="italic">th</hi>, 1872.</p>
<hi rend="italic">Before Mr. Baron Cleasby.</hi> </p>
<div1 type="trialAccount" id="t18720923-669">
<interp inst="t18720923-669" type="uri" value="sessionsPapers/18720923"/>
<interp inst="t18720923-669" type="date" value="18720923"/>
<join result="criminalCharge" id="t18720923-669-charge-1" targOrder="Y" targets="def1-669-18720923 t18720923-669-offence-1 t18720923-669-verdict-1"/>
<persName id="def1-669-18720923" type="defendantName">
<interp inst="def1-669-18720923" type="gender" value="male"/>
<interp inst="def1-669-18720923" type="age" value="26"/>
<interp inst="def1-669-18720923" type="surname" value="PHILLIPS"/>
<interp inst="def1-669-18720923" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM PHILLIPS</hi> (26)</persName>
<rs id="t18720923-669-offence-1" type="offenceDescription">
<interp inst="t18720923-669-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18720923-669-offence-1" type="offenceSubcategory" value="forgery"/>,
<hi rend="smallCaps">
<rs id="t18720923-669-verdict-1" type="verdictDescription">
<interp inst="t18720923-669-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720923-669-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to Feloniously forging and uttering a record of
<persName id="t18720923-name-128" type="victimName">
<interp inst="t18720923-name-128" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18720923-669-offence-1 t18720923-name-128"/>Her Majesty's Court of Divorce</persName>, purporting to dissolve his marriage—</rs>
<hi rend="italic">
<rs id="t18720923-669-punishment-18" type="punishmentDescription">
<interp inst="t18720923-669-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18720923-669-punishment-18" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-669-18720923 t18720923-669-punishment-18"/>Eighteen Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18720923-670">
<interp inst="t18720923-670" type="uri" value="sessionsPapers/18720923"/>
<interp inst="t18720923-670" type="date" value="18720923"/>
<join result="criminalCharge" id="t18720923-670-charge-1" targOrder="Y" targets="def1-670-18720923 t18720923-670-offence-1 t18720923-670-verdict-1"/>
<join result="criminalCharge" id="t18720923-670-charge-2" targOrder="Y" targets="def2-670-18720923 t18720923-670-offence-1 t18720923-670-verdict-1"/>
<persName id="def1-670-18720923" type="defendantName">
<interp inst="def1-670-18720923" type="gender" value="male"/>
<interp inst="def1-670-18720923" type="age" value="28"/>
<interp inst="def1-670-18720923" type="surname" value="CHRISTIANSEN"/>
<interp inst="def1-670-18720923" type="given" value="JOHANNES"/>
<hi rend="largeCaps">JOHANNES CHRISTIANSEN</hi> (28)</persName> and
<persName id="def2-670-18720923" type="defendantName">
<interp inst="def2-670-18720923" type="gender" value="male"/>
<interp inst="def2-670-18720923" type="age" value="25"/>
<interp inst="def2-670-18720923" type="surname" value="BERNSTON"/>
<interp inst="def2-670-18720923" type="given" value="CHRISTIAN"/>
<hi rend="largeCaps">CHRISTIAN BERNSTON</hi> (25)</persName>
<rs id="t18720923-670-offence-1" type="offenceDescription">
<interp inst="t18720923-670-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18720923-670-offence-1" type="offenceSubcategory" value="manslaughter"/>, Feloniously killing and slaying
<persName id="t18720923-name-131" type="victimName">
<interp inst="t18720923-name-131" type="gender" value="male"/>
<interp inst="t18720923-name-131" type="surname" value="PETERSEN"/>
<interp inst="t18720923-name-131" type="given" value="JOHANN CHRISTIAN"/>
<join result="offenceVictim" targOrder="Y" targets="t18720923-670-offence-1 t18720923-name-131"/>Johann Christian Petersen</persName>.</rs> </p>
<hi rend="smallCaps">MR. STRAIGHT</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. MOODY</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18720923-name-132" type="witnessName">
<interp inst="t18720923-name-132" type="gender" value="male"/>
<interp inst="t18720923-name-132" type="surname" value="GRAHAM"/>
<interp inst="t18720923-name-132" type="given" value="THOMAS"/>THOMAS GRAHAM</persName> </hi>. I am a watchman in the employ of the Millwall Dockyard Company—on 12th September, about 12 o'clock, I was on duty, and heard the noise of men wrangling, and then a splash in the water 4 or 5 yards from the wicket gate convenient to the bridge and about 30 yards from where I was standing—I called out "Help! help! a man overboard!" and ran with the lifebuoy in the direction of where I heard the splash, threw it into the water 4 or 5 yards, but no one took hold of it—I then gave the land end of it to the mate of the Nile—he is not here—I saw the two prisoners and a third person on the bridge before I heard the splash—I did not see any one fall, but I only saw two afterwards—the prisoners did not come and help me when I called out—they were looking at me—I went and got the drags, and dragged for twenty minutes, and almost immediately after I had finished dragging, the prisoners came to the wicket gate which admits persons into the docks—I let them in, and they came through—I asked them what ship they belonged to—they both spoke and said Von Platten, and passed on—I sent a man after them, because I was suspicious, and sent for my sergeant, and reported the matter to him. (
<hi rend="italic">The witness here pointed out on a model the position of the swing bridge, the wicket gate, and the lock gates.</hi>) I ran across the lock gates with the buoy—there are three iron chains on the bridge, with stanchions about 3 feet 2 inches high.</p>
<hi rend="italic">Cross-examined.</hi> Coming from the lock to the swing bridge there is no fencing or guard—persons coming on this side from the river could not pass along here, because there is a gate which locks; the bridge comes across the public road, and a gate and paling prevent persons from going to the unprotected part—it is about 15 yards from my lodge to this gate—the bridge is 84 feet long—there are lights on the bridge inside and outside—it turns round on a pivot, and there are no lights in that part a it—the light is seven or eight yards from this end, and the same distance</p>
<xptr type="pageFacsimile" doc="187209230037"/>
<p>from the other end, and there are two lights on each side of the pier head—a little light burns in the box all night—I do not know who the third man was—the prisoners both appeared sober—it was a very loud wrangling—I should call it a
<hi rend="italic">row</hi>—there were only words till the splash came.</p>
<hi rend="italic">Re-examined.</hi> When I heard the wrangling I looked in this direction, and saw three men; and after the splash I looked on the bridge and saw only two—there is a gate here which was locked that night—it is always locked, except when a ship is coming in.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-133" type="witnessName">
<interp inst="t18720923-name-133" type="gender" value="male"/>
<interp inst="t18720923-name-133" type="surname" value="CHAPLIN"/>
<interp inst="t18720923-name-133" type="given" value="JOHN"/>JOHN CHAPLIN</persName> </hi>. I am a sergeant of the Millwall Dock Company—I pre
<lb/>pared this model on a scale—the bridge is 125 feet from end to end, and there is 80 feet span of water—it is about 128 feet from the watchman's box to the end of the bridge, but where the men stood is a little nearer—he can stand in his box and reach the wicket—it is about 10 yards from the bridge to the lock gate—there are two very large carriage roads on the bridge, and outside them on each side are the public footpaths, which are a foot and a-half wide—the descriptions of the chains and stanchions is correct—Graham called me up on the night in question, and I went to the ship
<hi rend="italic">Von Platten</hi>, which was lying nearly a quarter of a mile off in the river dock—I went on board, and shook Bernston, who was asleep—he awoke, and I asked him how many men came aboard the ship—he said "There are two of us"—I said "Where is the other one that was with you on the bridge?"—he said, "In the water I believe"—he can talk English very nearly as well as I can—I said, "What makes you think he is in the water?"—he said, "Because I was standing with him and that man, "pointing to Christiansen, "on the bridge"—I would not allow him to say anything more—I tried to awake Christiansen, but could not, as he would not—I rubbed him and pulled him—Bernston then said, "We three were standing together on the bridge; me and the man who is in the water were always good friends, the other two were wrangling together; after they had been quarelling some two or three minutes I turned round and left them to go to the dock, and in about a minute I heard a splash in the water, and turned round and saw the man struggling in the water like a dog, "and he put up his hands like this—I asked him if he called for any help or assistance—he said, "No, I did not; I went towards the gate to the police-station"—I said, "Did you do so?"—he said "No"—I said, "What became of the other man?" he said "In about two or three minutes he came round by another direction to me and said, 'Let us get on board'—I said, "Did neither of you call out for assistance?" he said "No, we went on board"—I could not awake Christian
<lb/>sen, and I believe he had been drinking—When I got back, I assisted in dragging for the body, and we found it in about an hour and a-half afterwards under the centre of the bridge—it is dead water; there is no flowing in or out only when they are locking. We communicated with the Metropolitan Police, and the prisoners were taken.</p>
<hi rend="italic">Cross-examined.</hi> I went to the ship about 12.50 and found both men in their berths, sound asleep—other men were in their berths—I saw the officer of the ship—he is not Jacobson.</p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> Is any one allowed to go on the upper carriage-road on the bridge?
<hi rend="italic">A.</hi> Yes; it is public—there is a separate fence to the carriage-roads—you can hardly see over—there is a high division between them—a person passing over the carriage-road cannot get to the footpath.</p>
<hi rend="italic">Re-examined.</hi> You can easily walk round the fence.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-134" type="witnessName">
<interp inst="t18720923-name-134" type="gender" value="male"/>
<interp inst="t18720923-name-134" type="surname" value="CARVELL"/>
<interp inst="t18720923-name-134" type="given" value="FREDERICK"/>FREDERICK CARVELL</persName> </hi>. I am an outdoor Customs House officer—on the</p>
<xptr type="pageFacsimile" doc="187209230038"/>
<p>evening of 12th September I was on board the
<hi rend="italic">Charity</hi> barge in the docks, from 80 to 100 yards from the bridge, and just before 12 o'clock I heard a noise like two men quarrelling; it was very loud, but I could not make out whether the words were English or foreign—I then heard a very heavy smack as of flesh meeting flesh, and directly after that a splash in the water, and some one called out—I did not see a man come along this bridge, but I heard chains rattling and saw a light, but could not see the person with the light.</p>
<hi rend="italic">Cross-examined.</hi> I said before the Magistrate that I heard a sound as of the
<hi rend="italic">clash of flesh; us the smack of an open hand</hi>—I thought it was on a barge close to the bridge—I was on the same side of the water as the wicket-gate, and about 8 yards from the noise—I had no means of leaving the barge, as she was not lying against the dock.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-135" type="witnessName">
<interp inst="t18720923-name-135" type="gender" value="male"/>
<interp inst="t18720923-name-135" type="surname" value="JACOBSON"/>
<interp inst="t18720923-name-135" type="given" value="LEWIS"/>LEWIS JACOBSON</persName> </hi>. I was mate of the
<hi rend="italic">Von Flatten</hi> at the time the accident happened, but I left that day—the two prisoners were seamen on board—they were shipped in Sweden—Johann Petersen was also a seaman on board—the last time I saw him alive was about 1 o'clock in the day on the 12th—he was working at the cargo with the other two when I left—they were all three good-conducted men, and, as far as I knew, there was no ill-feeling between any of them—they always seemed to be the best of friends, and I had to deal with them hourly, so I know—I did not see them again till the morning of the 13th at 8 o'clock, when I said "You must have been beastly drunk last night; I can see it now, "and I knew that they had no liquor on board.</p>
<hi rend="italic">Cross-examined.</hi> The ship was going out of dock that very morning, but she was detained till the next day on account of these men being taken away—the men have a little drink the night before a ship goes away—I had seen the prisoners and the deceased for three months—they may have had a word over their work, but nothing of any consequence—I wish to explain that any sober man may fail in there on any dark night—these chains are not fit to be taken hold of.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> What did you notice?
<hi rend="italic">A.</hi> The stanchions, instead of standing so and being tight, are in the shape of a davit, and the chains hang slack, and will throw a man into the water in a moment—they were tightened a little a day or two afterwards in consequence of my speaking to the Dock Company about it—I say that the chains were so slack that a person could not steady himself by them—a person could fall over them or through them—he would have no time to get over them; he would be in the water in no time—the stanchions were not straight; they were outward toward the dock, and the points and the top chain hung over the water—they had got bent out of their places through the chains being slack—you might stumble against them, and trip over them in a moment.</p>
<hi rend="smallCaps">JOSIAH SERGEANT</hi>. I am a surgeon—I saw the dead body of this man—death had been caused by drowning—there was a slight graze on the nose, just on the skin, where something appeared to have scraped it; it might have been the drag.</p>
<hi rend="italic">Cross-examined.</hi> There was an old wound partially healed on one eye brow, but that had nothing to do with the death.</p>
<hi rend="italic">The prisoners' statement before the Magistrate. Christiansen says</hi> "I helped the constable with the life buoy—I was there a quarter of an hour.
<hi rend="italic">"Berns
<lb/>ton</hi> says "When I was on the bridge I heard something in the water, and called out 'Have you got any boat?'—I stood on the bridge while they were dragging for the body."</p>
<hi rend="smallCaps">
<rs id="t18720923-670-verdict-1" type="verdictDescription">
<interp inst="t18720923-670-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18720923-670-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18720923-671">
<interp inst="t18720923-671" type="uri" value="sessionsPapers/18720923"/>
<interp inst="t18720923-671" type="date" value="18720923"/>
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<persName id="def1-671-18720923" type="defendantName">
<interp inst="def1-671-18720923" type="gender" value="female"/>
<interp inst="def1-671-18720923" type="age" value="18"/>
<interp inst="def1-671-18720923" type="surname" value="KELLY"/>
<interp inst="def1-671-18720923" type="given" value="MARGARET"/>
<hi rend="largeCaps">MARGARET KELLY</hi> (18)</persName>
<rs id="t18720923-671-offence-1" type="offenceDescription">
<interp inst="t18720923-671-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18720923-671-offence-1" type="offenceSubcategory" value="manslaughter"/>, Feloniously killing and slaying
<persName id="t18720923-name-137" type="victimName">
<interp inst="t18720923-name-137" type="gender" value="female"/>
<interp inst="t18720923-name-137" type="surname" value="SULLIVAN"/>
<interp inst="t18720923-name-137" type="given" value="ANN"/>
<join result="offenceVictim" targOrder="Y" targets="t18720923-671-offence-1 t18720923-name-137"/>Ann Sullivan</persName>. She was also charged on the Coroner's Inquisition with the like offence.</rs> </p>
<hi rend="smallCaps">MR. MOODY</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. GRIFFITHS</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18720923-name-138" type="witnessName">
<interp inst="t18720923-name-138" type="gender" value="female"/>
<interp inst="t18720923-name-138" type="surname" value="READY"/>
<interp inst="t18720923-name-138" type="given" value="CATHERINE"/>CATHERINE READY</persName> </hi>. I am single, and live at 25, Castle Alley, White chapel—the deceased, Ann Sullivan, was my step sister—she was single and about thirty years of age; she was a tailoress—the prisoner is a sack-maker, and lives in Castle Alley—on Wednesday, 14th August, Sullivan and I had been out, and between 3 and 4 o'clock we saw the prisoner—she and I had some words, and we beat each other; we were separated then, but my sister happened to push the prisoner, who hit her across the eye, and said that she would either do for me or my sister before the night was out—she has a
<hi rend="italic">palm</hi> in her hand, which is a piece of canvas with iron on it—at 12.15 that night we saw the prisoner again in Castle Alley; she had a sacking needle and a pen-knife in her hand—she caught my sister by the hair and threw her down—I could not see which instrument she used, but my sister called out "I am stabbed, "and she was picked up bleeding from the back of her head—when my sister was on the ground the prisoner was on top of her—my sister was taken to the hospital and the prisoner went away—she did not go home that night—we had said nothing to provoke her, nor had we done anything only what happened in the day time—my sister came from the hospital with a bandage on her head—she afterwards became an in-patient, and on the Wednesday she died—we had two pots of beer between us in the afternoon; I do not think we had any more after
<hi rend="italic">Cross-examined.</hi> The first row occurred in Castle Alley, by the prisoner's house—no one was with her then, and there was only my sister with me—the prisoner and I flew at each other like two cats; we both began first—that was before we had any drink—live at 25, Castle Alley, and the pri
<lb/>soner lives right opposite—after the fight I and my sister and Mrs. Crawley went and had two pots of beer between the three of us—the pots were only filled once—we then went home, but we did not have any more drink—we then went for a walk in Whitechapel but we did not go into any house, we had no money for drink—we walked about till nearly 12 o'clock because my sister was frightened to go up the court, as our lives were
<hi rend="italic">cautioned</hi> in the daytime—the prisoner was sitting on her door-step at 12 o'clock and the moment she saw us she got up—neither of us said a word—I heard Ellen Kelly examined before the Magistrate, but I still mean to say that we did not begin
<hi rend="italic">jawing</hi>—the prisoner must have got the best of the first fight because she gave me a scratched face and a black eye—I did not make her nose bleed—she said in the daytime that she would do for me or my sister before the day was out, and she made her words true—I am a charwoman in regular work—go out washing and cleaning every day, if I can do it, but on the Monday, me and my sister went to the Rye House, and on the Tuesday we did not feel inclined to go to work, nor on Wednesday, the day this hap
<lb/>pened, either—I did not see my sister on the Thursday, as I was out from 7 o'clock a.m. till 12 at night, and when I came home she was in bed—she used to drink a drop of beer sometimes.</p>
<hi rend="italic">Re-examined.</hi> She was not a person of drunken habits; for four months and six months she never touched a glass of beer or spirits, only ginger beer or lemonade.</p>
<hi rend="italic">Jury. Q.</hi> In what position did your sister fall?
<hi rend="italic">A.</hi> On her back—the</p>
<xptr type="pageFacsimile" doc="187209230040"/>
<p>prisoner took the
<hi rend="italic">palm</hi> off her hand at night, but it was on it in the day-time—I do not know what became of it.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-139" type="witnessName">
<interp inst="t18720923-name-139" type="gender" value="male"/>
<interp inst="t18720923-name-139" type="surname" value="LEARY"/>
<interp inst="t18720923-name-139" type="given" value="TIMOTHY"/>TIMOTHY LEARY</persName> </hi>. I live at 26, Castle Alley, next door to Ann Sullivan and Ready—on 14th August at 12 o'clock at night I saw them standing in the alley before they came to their own door—I saw the prisoner come up, she ran against Sullivan and knocked her down and fell on her, and her head caught the corner of the doorstep—the prisoner was picked up first and Sullivan was then raised from the ground—blood was coming from the back of her head, and she said to the prisoner "She might have hit me but not stab me"—the prisoner said" Oh, what a lie!"—I did not see the prisoner do anything while she was lying on the deceased.</p>
<hi rend="italic">Cross-examined.</hi> I saw the prisoner and Sullivan
<hi rend="italic">jawing</hi>—Sullivan said "You might have hit me as long as you liked, but you should not have stabbed me;" those were the words, and the prisoner said "Oh, that is a lie, everybody
<hi rend="italic">see</hi> it!"—she was only down half a minute—I saw no weapon in the prisoner's hand.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-140" type="witnessName">
<interp inst="t18720923-name-140" type="gender" value="female"/>
<interp inst="t18720923-name-140" type="surname" value="CAVANAGH"/>
<interp inst="t18720923-name-140" type="given" value="ESTHER"/>ESTHER CAVANAGH</persName> </hi>. I am a machinist, and live at 18, Jacob's Court, Castle Alley—I was in Castle Alley about 12 o'clock on this night, and saw a
<hi rend="italic">confusion</hi> between the prisoner Sullivan and Ready—they were standing up and
<hi rend="italic">jawing</hi> outside the prisoner's door—I went into Jacob's Court for three or four minutes, coming back I saw the deceased being raised from the ground, bleeding, and I heard her say that she was stabbed—I did not hear the prisoner say anything to that.</p>
<hi rend="italic">Cross-examined.</hi> I did not hear it all—the prisoner was not sitting on her doorstep; the three were standing together for four or five minutes—I saw nothing in the prisoner's hand.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-141" type="witnessName">
<interp inst="t18720923-name-141" type="gender" value="male"/>
<interp inst="t18720923-name-141" type="surname" value="REGAN"/>
<interp inst="t18720923-name-141" type="given" value="PATRICK"/>PATRICK REGAN</persName> </hi>. I live at 27, Castle Alley—I was coming down the court about 12.30, and saw the deceased after she was picked up, or after she got up, I do not know which—I did not notice that she was bleeding—she said "You might have hit me as long as you liked, but not to stab me"—I did not hear the prisoner say anything—I saw nothing in her hands.</p>
<hi rend="italic">Cross-examined.</hi> The prisoner ran against me, and I shoved her; that was afterwards—I did not hear her say" Oh, that is a lie, everybody saw it!"—I was just coming down the court, and was not listening a great deal.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-142" type="witnessName">
<interp inst="t18720923-name-142" type="gender" value="male"/>
<interp inst="t18720923-name-142" type="surname" value="DREW"/>
<interp inst="t18720923-name-142" type="given" value="CHARLES WALLACE"/>CHARLES WALLACE DREW</persName> </hi>. I am house-surgeon at the London Hospital—the deceased was brought there on the night of the 14th, suffering from a cut on the back of her head, an ordinary lacerated scalp—I did not pay particular attention to it at that time beyond ordering a bandage—it was three inches long and did not extend down to the bone—a wound caused by the skull coming in contact with the stone would not necessarily be contused—I gave her a letter which admitted her as an out-patient—I do not know whether she attended on the 16th and 17th, but on the 18th she became an in-patient—erysipelas had then set in—I attended her in the hospital, and she died on the 21st—I afterwards made a
<hi rend="italic">post-mortem</hi> exam
<lb/>ination; the viscera were perfectly healthy—the wound in the scalp was in a straight line obliquely from the centre of the upper part of the head downwards towards the right—there was a very small wound over the eye
<lb/>brow which was so slight that it had almost healed at the time I made the
<hi rend="italic">post-mortem</hi> examination—the cause of death was erysipelas supervening on the wound; it was certainly caused by the wound—that is
<hi rend="italic">the</hi> danger of a wound on the head—I should say certainly that the wound was caused by</p>
<xptr type="pageFacsimile" doc="187209230041"/>
<p>the head coming in contact with the doorstep, and not by a cutting in
<hi rend="smallCaps">
<persName id="t18720923-name-143" type="witnessName">
<interp inst="t18720923-name-143" type="gender" value="male"/>
<interp inst="t18720923-name-143" type="surname" value="ANDREWS"/>
<interp inst="t18720923-name-143" type="given" value="HUGH"/>HUGH ANDREWS</persName> </hi> (
<hi rend="italic">Policeman H</hi> 62). I took the prisoner on 21st August, in Castle Alley—I told her I took her for causing the death of Ann Sullivan—she said "She came up and struck me first, and pushed; there were two or three of them on to me, and I gave her a push, and she fell, and out her head on the doorstep."</p>
<hi rend="smallCaps">
<persName id="t18720923-name-144" type="witnessName">
<interp inst="t18720923-name-144" type="gender" value="female"/>
<interp inst="t18720923-name-144" type="surname" value="KELLY"/>
<interp inst="t18720923-name-144" type="given" value="ELLEN"/>ELLEN KELLY</persName> </hi>. I am the prisoner's sister, and live in Jacob's Court, Castle Alley—that is the house in which my sister lodged—Jacob's Court turns out of the alley—I live in the middle house—on the day Ann Sullivan was hurt I saw her and my sister and Ready fighting at each other—there was a good deal of
<hi rend="italic">jawing</hi>, but I heard no words—it lasted half an hour or an hour, and Sullivan and Ready went out of the court—they came into the court again about 12 o'clock at night, and the prisoner was standing on another person's doorstep, with her baby in her arms—Ready struck the prisoner, who put the child out of her arms, and returned the blow, and they were fighting at each other—Sullivan then made a move to strike the prisoner, who gave her a push like this, and she fell on the corner of the doorstep, and the prisoner fell on her—they were both lifted up, and Ready ran over and caught the prisoner again—Sullivan's head was bleeding, and she said "You might hit me, but not knife me."</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> How long after Sullivan was taken up did she say that?
<hi rend="italic">A.</hi> As she got up off the ground, but she did not have any knife—Ready also said "You might hit her, but not knife her"—they both said that—all the prisoner said to that was "I did not use no knife to you or anything else"—it was an hour and a half after that before Sullivan went to the hospital—my sister had not got the "palm" on her hand in the evening; only the baby in her arms.</p>
<hi rend="italic">Cross-examined.</hi> When they spoke about knifing her, she did not say "It is a lie."</p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> Was she lying along the doorstep, or with her face to the street?
<hi rend="italic">A.</hi> I do not know which way she fell; but she fell on the corner of the doorstep; her head went on the corner of it—it was a new stone step with a sharp corner.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">CATHERINE READY</hi>.
<hi rend="italic">Q.</hi> When you went back at 12 o'clock at night, did anything pass between you and the prisoner?
<hi rend="italic">A.</hi> We each beat each other then.</p>
<hi rend="smallCaps">
<rs id="t18720923-671-verdict-1" type="verdictDescription">
<interp inst="t18720923-671-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18720923-671-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18720923-672">
<interp inst="t18720923-672" type="uri" value="sessionsPapers/18720923"/>
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<persName id="def1-672-18720923" type="defendantName">
<interp inst="def1-672-18720923" type="gender" value="male"/>
<interp inst="def1-672-18720923" type="age" value="45"/>
<interp inst="def1-672-18720923" type="surname" value="MCCARTNEY"/>
<interp inst="def1-672-18720923" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN MCCARTNEY</hi> (45)</persName>
<rs id="t18720923-672-offence-1" type="offenceDescription">
<interp inst="t18720923-672-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18720923-672-offence-1" type="offenceSubcategory" value="manslaughter"/>, Feloniously killing and slaying
<persName id="t18720923-name-146" type="victimName">
<interp inst="t18720923-name-146" type="gender" value="female"/>
<interp inst="t18720923-name-146" type="surname" value="MCCARTNEY"/>
<interp inst="t18720923-name-146" type="given" value="ELISABETH"/>
<join result="offenceVictim" targOrder="Y" targets="t18720923-672-offence-1 t18720923-name-146"/>Elisabeth McCartney</persName>.</rs> </p>
<hi rend="smallCaps">MR. MOODY</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. M. WILLIAM</hi> </p>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18720923-name-147" type="witnessName">
<interp inst="t18720923-name-147" type="gender" value="female"/>
<interp inst="t18720923-name-147" type="surname" value="MCCARTNEY"/>
<interp inst="t18720923-name-147" type="given" value="SERAPHINA"/>SERAPHINA MCCARTNEY</persName> </hi>. I am the prisoner's daughter—I lived with him and my late mother at 19, Cable Street—on Saturday night, 10th August, I got home between 11 and 12 o'clock, and saw my mother standing by the street door; the prisoner was in the kitchen—I had not seen my mother strike him, but he got up and said that if she struck him again he would strike her with the shovel, which he was picking up at the time; and he got up and struck her with it on the right side of her head, I think, but I cannot tell for certain; I know it was on the top of her head—she put her hand up to her head and said "Oh, my God!" but she did not fall—no blood flowed from the blow—it was with the flat part of the shovel, not the sharp</p>
<xptr type="pageFacsimile" doc="187209230042"/>
<p>part—this is the shovel (
<hi rend="italic">produced</hi>), it was with the side—my step-brother, William Kelly, rushed into the room, and was going across the room to my father, but I held him back—my mother attended to her business for a fortnight afterwards—she said that she bad a swimming in her head at times—paralysis then came on, and a doctor was called in, on the 20th I believe—I was with her the whole week.</p>
<hi rend="italic">Cross-examined.</hi> The skin was not broken by the blow, that I know of—she did not go to a doctor—it was not a very hard blow; it did not cut her—she has had very bad health since she had the small-pox just after Christ
<lb/>mas—she and my father were, I believe, very good friends the next day.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-148" type="witnessName">
<interp inst="t18720923-name-148" type="gender" value="male"/>
<interp inst="t18720923-name-148" type="surname" value="KELLY"/>
<interp inst="t18720923-name-148" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN KELLY</persName> </hi>. I am a chimney-sweep, and lived in the same house with the prisoner and my late mother—on Saturday, 10th August, I came home and saw my mother and his daughter, the last witness, standing in the shop, and the prisoner standing in the kitchen, the door of which opens into the shop—he could hear what passed between me and my mother—I said "What is the matter?"—she said "Nothing"—I said "If you go to bed, open the back door and I will come in at the back, "and when I came in again they were in the kitchen, and they followed me—I lit a candle and walked up stairs into the top back room and then walked down on to the next landing, and heard the prisoner using language which is not fit for publication—I did not see him do anything to my mother nor did she in his presence make any complaint, but she showed me her on the Sunday, and I saw a small dent which you might lay your finger in—I could not see whether the skin was out or broken, but seemed to be a white rim round it—it was not bleeding—she afterwards complained of dizziness and flashings across her eyes—she saw Mr. Low, a doctor, and had two bottles of medicine from him—he is not here.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-149" type="witnessName">
<interp inst="t18720923-name-149" type="gender" value="male"/>
<interp inst="t18720923-name-149" type="surname" value="SEQUIERA"/>
<interp inst="t18720923-name-149" type="given" value="JAMES SCOTT"/>JAMES SCOTT SEQUIERA</persName> </hi> (M. R. C. S.) On 20th August I was called to the deceased and found her partially insensible and paralysed on the right side—she recognised me, but she could not articulate distinctly—she was not able to make any statement to me as to the cause of her illness—my attention was not then called to any injury on her head, and I did not look for it—I saw her on Wednesday and twice on Thursday and on Friday—when I went again she was dead—I afterwards made a
<hi rend="italic">post-mortem</hi> examination and found no injury on the body, but there was a mark of a recently healed wound on the left side, very near the centre of the head—it had apparently been a contused wound—on opening the scalp there was a congested and inflamed patch of imflammation under the external mark, and a corresponding one on the pericranium or covering of the skull—there was no mark on the internal surface of the skull, but under the
<hi rend="italic">dura mater</hi> and directly under the external mark there was a large clot of blood on the surface of the brain—she was an immensely fat woman—there was a layer of 3 or 4 inches of fat over her bowels—all the organs were moderately health; the liver was rather congested and the spleen was large—the heart was quite healthy—there was a tendency to a deposition of fat in all the organs; a tendency to fatty degeneracy—her death arose from extravasation of blood on the brain—that would not be caused by the injury, but it would predispose to the formation of the clot—the mark was evidently from some external cause, and it must have been caused by some violence, which, in such a subject, would predispose to the formation of that clot of blood—there being an interval of nine days, it prevents my being so positive; if she became paralysed immediately on the receipt</p>
<xptr type="pageFacsimile" doc="187209230043"/>
<p>of the blow, I should say that that was the cause; but during those nine days I cannot say what happened, because she died from apoplexy, which is pressure of blood on the brain—the complaint of dizziness of the head and eyes would lead me to come to the cause of the injury, but it is only an opinion—my idea is that there was an injury received which set up an injury or congestion of the vessels underneath, and some after cause might cause the blood to form, such as a violent fall, or another blow, or great excitement—there was undoubtedly mischief set up in her head, and if she had lain up and not attended to business, the chances are that it would have become absorbed—the predisposing cause was, I should say, the injury received.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> It is tolerably clear that if this clot of blood had been caused at once by the blow she could not have done as she did?
<hi rend="italic">A.</hi> Certainly—I cannot say how the dot was formed, it had evidently been formed entirely, if not altogether, at once, and I believe at the time of her being paralysed, for the clot was homogeneous throughout, which woulds how that it was all formed at one time—the substance of what I say is that she died from apoplexy, which might certainly occur constitutionally; I can only say that the blow would predispose to an attack of apoplexy—supposing there had been no blow, I should not have been surprised to find an attack of apoplexy.</p>
<hi rend="smallCaps">
<rs id="t18720923-672-verdict-1" type="verdictDescription">
<interp inst="t18720923-672-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18720923-672-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Wednesday, September</hi> 25, 1872.</p>
<hi rend="italic">Before Mr. Deputy Recorder.</hi> </p>
<div1 type="trialAccount" id="t18720923-673">
<interp inst="t18720923-673" type="uri" value="sessionsPapers/18720923"/>
<interp inst="t18720923-673" type="date" value="18720923"/>
<join result="criminalCharge" id="t18720923-673-charge-1" targOrder="Y" targets="def1-673-18720923 t18720923-673-offence-1 t18720923-673-verdict-1"/>
<persName id="def1-673-18720923" type="defendantName">
<interp inst="def1-673-18720923" type="gender" value="male"/>
<interp inst="def1-673-18720923" type="age" value="33"/>
<interp inst="def1-673-18720923" type="surname" value="SHERIDAN"/>
<interp inst="def1-673-18720923" type="given" value="WILLIAM HENRY"/>
<hi rend="largeCaps">WILLIAM HENRY SHERIDAN</hi> (33)</persName>
<rs id="t18720923-673-offence-1" type="offenceDescription">
<interp inst="t18720923-673-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18720923-673-offence-1" type="offenceSubcategory" value="theftFromPlace"/>,
<hi rend="smallCaps">
<rs id="t18720923-673-verdict-1" type="verdictDescription">
<interp inst="t18720923-673-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720923-673-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to stealing a barometer and a case of surgical instruments, the property of
<persName id="t18720923-name-151" type="victimName">
<interp inst="t18720923-name-151" type="gender" value="male"/>
<interp inst="t18720923-name-151" type="surname" value="HARE"/>
<interp inst="t18720923-name-151" type="given" value="JOHN CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t18720923-673-offence-1 t18720923-name-151"/>John Charles Hare</persName>, from his dwelling-house, and a lancet case of
<persName id="t18720923-name-152" type="victimName">
<interp inst="t18720923-name-152" type="gender" value="male"/>
<interp inst="t18720923-name-152" type="surname" value="HILL"/>
<interp inst="t18720923-name-152" type="given" value="WILLIAM BYRON"/>
<join result="offenceVictim" targOrder="Y" targets="t18720923-673-offence-1 t18720923-name-152"/>William Byron Hill</persName> </rs>
<hi rend="italic">
<rs id="t18720923-673-punishment-19" type="punishmentDescription">
<interp inst="t18720923-673-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18720923-673-punishment-19" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-673-18720923 t18720923-673-punishment-19"/>Nine Months' Imprisonment.</rs> </hi> And</p> </div1>
<div1 type="trialAccount" id="t18720923-674">
<interp inst="t18720923-674" type="uri" value="sessionsPapers/18720923"/>
<interp inst="t18720923-674" type="date" value="18720923"/>
<join result="criminalCharge" id="t18720923-674-charge-1" targOrder="Y" targets="def1-674-18720923 t18720923-674-offence-1 t18720923-674-verdict-1"/>
<persName id="def1-674-18720923" type="defendantName">
<interp inst="def1-674-18720923" type="gender" value="male"/>
<interp inst="def1-674-18720923" type="surname" value="JARVIS"/>
<interp inst="def1-674-18720923" type="given" value="WILLIAM CHARLES"/>
<hi rend="largeCaps">WILLIAM CHARLES JARVIS</hi> </persName>
<rs id="t18720923-674-offence-1" type="offenceDescription">
<interp inst="t18720923-674-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18720923-674-offence-1" type="offenceSubcategory" value="libel"/>, to unlawfully publishing a defamatory libel of and concerning
<persName id="t18720923-name-154" type="victimName">
<interp inst="t18720923-name-154" type="gender" value="male"/>
<interp inst="t18720923-name-154" type="surname" value="BERGHEIM"/>
<interp inst="t18720923-name-154" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18720923-674-offence-1 t18720923-name-154"/>John Bergheim</persName> </rs>
<rs id="t18720923-674-punishment-20" type="punishmentDescription">
<interp inst="t18720923-674-punishment-20" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18720923-674-punishment-20" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-674-18720923 t18720923-674-punishment-20"/>
<hi rend="italic">To enter into his own recognisance in the sum of</hi> 200
<hi rend="italic">l</hi>.
<hi rend="italic">to appear for judgment when called upon.</hi> </rs>
<rs id="t18720923-674-verdict-1" type="verdictDescription">
<interp inst="t18720923-674-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720923-674-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18720923-675">
<interp inst="t18720923-675" type="uri" value="sessionsPapers/18720923"/>
<interp inst="t18720923-675" type="date" value="18720923"/>
<join result="criminalCharge" id="t18720923-675-charge-1" targOrder="Y" targets="def1-675-18720923 t18720923-675-offence-1 t18720923-675-verdict-1"/>
<persName id="def1-675-18720923" type="defendantName">
<interp inst="def1-675-18720923" type="gender" value="male"/>
<interp inst="def1-675-18720923" type="age" value="33"/>
<interp inst="def1-675-18720923" type="surname" value="MIDDLETON"/>
<interp inst="def1-675-18720923" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE MIDDLETON</hi> (33)</persName>
<rs id="t18720923-675-offence-1" type="offenceDescription">
<interp inst="t18720923-675-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18720923-675-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 8
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>. of
<persName id="t18720923-name-156" type="victimName">
<interp inst="t18720923-name-156" type="gender" value="female"/>
<interp inst="t18720923-name-156" type="surname" value="RYLE"/>
<interp inst="t18720923-name-156" type="given" value="MARY ANN"/>
<join result="offenceVictim" targOrder="Y" targets="t18720923-675-offence-1 t18720923-name-156"/>Mary Ann Ryle</persName>.
<hi rend="italic">Second Count</hi>—the moneys of the
<persName id="t18720923-name-157" type="victimName">
<interp inst="t18720923-name-157" type="gender" value="female"/>
<join result="offenceVictim" targOrder="Y" targets="t18720923-675-offence-1 t18720923-name-157"/>Queen</persName>.
<hi rend="italic">Third Count</hi>—of the
<persName id="t18720923-name-158" type="victimName">
<interp inst="t18720923-name-158" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18720923-675-offence-1 t18720923-name-158"/>Postmaster-General</persName>.</rs> </p>
<hi rend="smallCaps">MR. METCALFE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. AUSTIN METCALFE</hi>
<hi rend="italic">conducted the Prosecution</hi>;</p>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MESSRS. HARRIS</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">SMITH</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18720923-name-159" type="witnessName">
<interp inst="t18720923-name-159" type="gender" value="male"/>
<interp inst="t18720923-name-159" type="surname" value="JAMES"/>
<interp inst="t18720923-name-159" type="given" value="ROBERT"/>ROBERT JAMES</persName> </hi>. I am one of the principal clerks in the Savings Bank Department of the Post Office—if a person wished to withdraw a sum of money from the Savings Bank the first thing would be to obtain a notice of withdrawal, which can be had at any post office—he would then write on that notice the name of the office at which his book was obtained and the number of the book, fill in the amount he required, and give the name of the office at which he wished to receive the money—he would then sign the notice and give his address where he wished the warrant to be sent to him—that notice would be received at the head-office, and the signature would he compared with the signature to the declaration made when the account was opened, and, if correct, his account would be debited with the amount, and the warrant sent to him, and, at the same time, an advice would be sent to the office of payment—this notice was sent to the Post Office in August, and this is the warrant and advice made out in consequence—the notice of withdrawal applies for 10
<hi rend="italic">s</hi>.—the warrant is for 10
<hi rend="italic">s</hi>., and the advice also—</p>
<xptr type="pageFacsimile" doc="187209230044"/>
<p>the signature to the notice was compared and found to be correct—on the same day a notice was also sent to the Post Office for the sum of 8
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>.—these are the advice and warrant, and they were sent on the same day to the same office—this is a correct copy of the prisoner's account—it shows that there was 11
<hi rend="italic">s</hi>. to his account on that day, and he draws out 10
<hi rend="italic">s</hi>., so that the account was not closed—the 10
<hi rend="italic">s</hi>. would be entered before the warrant was sent.</p>
<hi rend="italic">Cross-examined.</hi> I presume that the signature is the handwriting of the prisoner, but I don't know his writing—it purports to bear his signature—I did not see him sign the original declaration.</p>
<hi rend="italic">Re-examined.</hi> The signatures correspond—it is my duty to be satisfied about the signatures.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-160" type="witnessName">
<interp inst="t18720923-name-160" type="gender" value="female"/>
<interp inst="t18720923-name-160" type="surname" value="RYLE"/>
<interp inst="t18720923-name-160" type="given" value="MARY ANN"/>MART ANN RYLE</persName> </hi>. I am clerk in charge of the High Street Branch Post Office, Notting Hill—the prisoner made this declaration before me on 6th January last; he signed it in my presence—a savings bank book was then issued to him—at that time he lived at 40, Kensington Place, and since that at 2, Palmerston Street, Notting Hill Gate—the number of the book is 4476—on the 22nd August I received this letter of advice, "Pay to Middleton 10
<hi rend="italic">s</hi>."—I also received a letter of advice to pay Harriet Baker, 8
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>.—they were put into a pigeon-hole—they are always put in one place—Miss Crockford is also a clerk in the office—about 10.45 she brought me the book and the warrant—I went to the counter and saw the prisoner—I compared the signature on the warrant with that inside the cover of his book—after the warrant issued from the office gets into the hands of the prisoner he is required to put his name to it as the form of receipt for the money—I found his name there, and compared it with the signature in his book—I found they corresponded, and I took up the advice which I thought Miss Crockford had laid down for me, as she generally used to do so, and put it over the warrant for 10
<hi rend="italic">s</hi>.—upon looking at the advice I found it was for 8
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>., and I paid the prisoner that amount with a 5
<hi rend="italic">l</hi>. note, three sovereigns, half a sovereign, 6
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. in silver, and 4
<hi rend="italic">d</hi>. in copper—I took it from the ordinary till—I put down the date and 8
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>. in the prisoner's book, and signed my name against it—I stamped it, showing that that money had been paid in reduction of the account—I laid the money on the counter in front of the prisoner—there is a brass network in front, between me and the customer—I laid the net: down first and counted the gold and silver on to it—he took it up, and returned him the deposit-book—I put the warrant and letter of advice together on the file with the paid warrants; that is the ordinary course—there was no one on my side of the counter at that time—Miss Crockfond was doing her work at the other end of the counter—Mr. Taylor was on the public side; he could see all that was done; he was waiting to cash a money order—there was a telegraph messenger there—in the course of the day Harriet Baker came for her money, 8
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>., which I paid her—I looked for her letter of advice and found it on the file with the warrant for 10
<hi rend="italic">s</hi>.; nearly at the bottom of the file—I think it was between 4 and 5 o'clock that she came in—a short time after that I proceeded to make up my accounts and found I was 8
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>. short—on looking into the matter I found the letter of advice for 10
<hi rend="italic">s</hi>. in the pigeon hole—it had not been taken out at all—the warrant for 10
<hi rend="italic">s</hi>. was alone on the file, and the advice in the pigeon hole—I went to the prisoner's house, but he was not at home—I "was going a second time, but Mr. Taylor came after me and</p>
<xptr type="pageFacsimile" doc="187209230045"/>
<p>said would he go, if I was afraid, and I was to follow—I saw him bring Middleton out, and I went back—Taylor brought him into the office—I asked him what money I gave him in the morning—he said "10
<hi rend="italic">s</hi>."—I said "What else?"—he said "My book"—I said "What else did I give you?"—he said "Nothing"—I said "Yes, I did; I gave you a 5
<hi rend="italic">l</hi>. note, three sovereigns, half a sovereign, and 6
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. in silver"—he said "I am quite sure you did no such thing"—I said "I have a witness to prove that I did do so"—he said "lam quite sure you have not"—I had sent for a constable—he came in, and I repeated the questions again—I said "Have you got your book in your pocket"—he replied "No, I have burnt it"—I said "Why did you burn it?'—he said "Because, I had no more money in"—I said "That is not the reason, you have burnt it because you saw the entry I had made in it"—he replied "I have seen no entry"—I said "I have a witness to prove that you had the money, "and then I pointed to Taylor, and said "That is my witness"—Taylor said "I saw you take the money; it is no use denying it, and I will go into any court of justice and swear that you had it"—the prisoner said" Is that what you have brought me here for Joe; I am sur
<lb/>prised at you"—the policeman refused to take him into custody, and I took out a summons—the prisoner said he had burnt the book because there was no more money in—there would be a shilling left, and he would not be able to obtain that without producing the book—there was only one figure different in the numbers of the two warrants.</p>
<hi rend="italic">Cross-examined.</hi> The defendant said "I declare to my God I never received more than 10
<hi rend="italic">s</hi>.;" and he also said the policeman might search him—I can't say how many entries there were in his book; I should not look at the former entries—they are all-on one page—this is a correct copy of his book—he paid in 1
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>. on January 6th—I merely signed the book, and I did not notice that he had only got 11
<hi rend="italic">s</hi>. in it—there is not a single sovereign down except the first item—there is not a single entry for a sovereign of money drawn out; I say, in the face of that, that such a mistake might arise—I don't look at the depositor's book except for his name—if I had seen that he only had 11
<hi rend="italic">s</hi>. I should not have paid him what I did—I was busy at the time—I might have paid out 70
<hi rend="italic">l</hi>. or 80
<hi rend="italic">l</hi>. that day in small sums—when I paid Baker I thought there was some mistake, but I did not find it out till made up my accounts—I had filed the wrong warrant, and I took it off the file again, but I was not certain till I balanced my accounts in the evening—I was afraid I had paid it, but I was not sure; it was some hours afterwards—I did not know that I had paid any one too much until after I had balanced my accounts—I did not know that I had paid any customer 8
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>. who had presented a warrant for 10
<hi rend="italic">s</hi>.—I knew Taylor, as a neighbour, as long as I have been in the office, nearly three years—I did not know the prisoner, only by his coming in—I went to the prisoner's house first and then I went to Taylor—I asked him if he knew who he was speaking to in the office in the morning, and he said he knew perfectly well—Taylor is a hairdresser; I don't know what the prisoner is—I asked Taylor if he knew what money I gave him—he said "Yes, you gave him a 5
<hi rend="italic">l</hi>. note and some gold and silver"—I heard Taylor say, at the Police Court, that he heard me count out the money to the prisoner: one, two, three, four, five, six, seven, eight, but he corrected himself afterwards—he said he heard me count out the sovereigns in that way, but on the instant he said "I was wrong, it was a 5
<hi rend="italic">l</hi>. note and 3
<hi rend="italic">l</hi>. in gold"—I recollected that I had paid a note when the circumstance came before me and I came to</p>
<xptr type="pageFacsimile" doc="187209230046"/>
<p>remember—I did not take the number of the note—before we went to the Police Court Taylor said that I had given a 5
<hi rend="italic">l</hi>. note—I asked Taylor, for my own satisfaction, to know if any one else really knew what I had given; I knew that I had done it before I went to Taylor—a corporal of the tele
<lb/>graph boys was at the office in morning when the prisoner and Taylor were there—I can't say whether Taylor or the prisoner come in first; I don't know—I can't say how long Taylor was there; the prisoner was there two or three minutes, while the entry was made—he went out first—I did not make any entry on the sheet till the close of business in the evening—I copy the amounts from the letters of advice—I made the entries on the sheet before I balanced—I entered on the sheet a payment of 10
<hi rend="italic">s</hi>. to Middle
<lb/>ton from the warrant—the thought did not strike me that I had given this man too much until I balanced my accounts—Taylor said, "I am quite sure if you did pay him he will give it you again;" that he was a very respectable man, and he thought he was not quite sober at the time; that he might have taken it not knowing what he had, and he would certainly return it if he had it—that was what Taylor said of Middleton.</p>
<hi rend="italic">Re-examined.</hi> I make these sheets up at the close of the day—the red ink marks are the corrections by the Post Office—the entry "Middleton, 10
<hi rend="italic">s</hi>., "is scratched out because I did not send the warrant—presuming it was right I placed the money down with the intention that he should take it up—I had not power to part with money belonging to the Post Office—this money did belong to the Post Office—I should not have paid him the 8
<hi rend="italic">l</hi>. if I had known the warrant was for 10
<hi rend="italic">s</hi>.—when I found Baker's letter of advice on the file I concluded that I had put it there improperly.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-161" type="witnessName">
<interp inst="t18720923-name-161" type="gender" value="male"/>
<interp inst="t18720923-name-161" type="surname" value="ABBEY"/>
<interp inst="t18720923-name-161" type="given" value="JOHN"/>JOHN ABBEY</persName> </hi>. I am a lance corporal of telegraph messengers—about a month ago I was in the Post Office at Notting Hill Gate one morning—I am engaged there—Miss Crockford and Miss Ryle were at the counter—I saw Taylor there; that was about 10.45; I did not see the prisoner—I saw Miss Ryle take a 5
<hi rend="italic">l</hi>. note and some cash out of the till; she took it down to the further end of the office—I was in the office again, late in the afternoon; I saw the prisoner come in; he pointed to a part of the office, and said he had been standing there—that was near the door, in the direction in which Miss Ryle took the money when she had taken it out of the till—Mr. Taylor was standing near me in the morning—when the prisoner was brought in, in the evening, I was sent for a constable—I did not hear the prisoner say what money he had received.</p>
<hi rend="italic">Cross-examined.</hi> I heard him say he had not received more than 10
<hi rend="italic">s</hi>.—I only saw Taylor in the shop in the morning—he was near where I was standing—the shop is not very big—I saw a 5
<hi rend="italic">l</hi>. note paid out—I did not notice any other 5
<hi rend="italic">l</hi>. note paid during the day—Taylor was in the office when I went in—I did not see any one else in the shop then—if there had been, I might not have taken any notice.</p>
<hi rend="italic">Re-examined.</hi> My duty is chiefly in the basement—I was sent up with a message for Miss Ryle—I was waiting near the desk to give it her—when she went with the 5
<hi rend="italic">l</hi>. note, she went in the direction of the place pointed out by the prisoner afterwards.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-162" type="witnessName">
<interp inst="t18720923-name-162" type="gender" value="male"/>
<interp inst="t18720923-name-162" type="surname" value="TAYLOR"/>
<interp inst="t18720923-name-162" type="given" value="JOSEPH"/>JOSEPH TAYLOR</persName> </hi>. I am a perfumer at 26, High Street, Notting Hill—I have known the prisoner some time; he is a hairdresser by trade—about 10.45 on the morning of 22nd August I went to the High Street Post Office to cash a money order—the letter of advice had not arrived, and I did not get my money at that time—the prisoner was in the office when I went in</p>
<xptr type="pageFacsimile" doc="187209230047"/>
<p>—I spoke to him, and went to the end of the office, about 2 1/2 yards from him—I saw Miss Ryle pay him 8
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>.—she took it from the till directly opposite where I was standing—she stamped the 5
<hi rend="italic">l</hi>. note, and put the money on it—the prisoner put his hand out, and drew it under the wire—at that moment I presented my order to Miss Ryle, and when I looked round the prisoner was gone—I saw Miss Ryle hand him his book, but I did not see him take it up—I went home directly and told my uncle, because the prisoner had so much money—on the afternoon of that day Miss Ryle called upon me—in consequence of what she said, I went to the prisoner, and took him to the office—Miss Ryle asked him how much she had paid him—he said she had paid him 10
<hi rend="italic">s</hi>.—she said "What else?"—he replied "My book"—Miss Ryle asked him to produce his book, and he said he had burnt it—she asked him why he had burnt it, and he Raid because he had no more money in—she said he had another shilling, and it was very singular he should have burnt the book, and that he had burnt it because of the entry she had made—I don't remember the reply he made to that—a policeman was sent for, but he refused to take him—Miss Ryle pointed to me as being present in the morning, and I said that I saw it, and was ready to come forward—the prisoner said "Is that what you brought me here for,
<hi rend="italic">Joe</hi>; I am surprised at you."</p>
<hi rend="italic">Cross-examined.</hi> I have known the prisoner some years—he has always borne an excellent character for honesty as far as I have known—he is the same profession as myself—I said to Miss Ryle, when she came, to me, "If he has taken it, it is in mistake, for he is a very respectable man, and he will rectify it if he has taken it, "or words to that effect—he was a little intoxicated when I took him to the office in the evening—I should not like to say how he was in the morning—I thought at first he had taken it by mistake; but, finding he would not acknowledge it, I thought differently of him—I went and told my uncle that Middleton had had a 5
<hi rend="italic">l</hi>. note and other money paid him at the Post Office—I said at the Police Court that I heard Miss Ryle count out the sovereigns—it was a mistake, I was under such a severe cross-examination—I corrected myself at the same time—I said that she counted one, two, three, and so on, but it was a slip on my part—I have known Miss Ryle as keeping the office for some time—it was on my tongue to call her attention at the time, but I thought it was not my business.</p>
<hi rend="italic">Re-examined.</hi> I corrected myself before the Magistrate, and said she paid a 5
<hi rend="italic">l</hi>. note, and counted six, seven, eight with the gold—she stamped the note—I had a conversation with the prisoner in the morning—I asked him if he was still out of employment, and he said he was, and he did not think he should accept a situation he had been offered at Brighton—I think he knew what he was about at that time.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-163" type="witnessName">
<interp inst="t18720923-name-163" type="gender" value="male"/>
<interp inst="t18720923-name-163" type="surname" value="LAMBERT"/>
<interp inst="t18720923-name-163" type="given" value="HENRY"/>HENRY LAMBERT</persName> </hi>. I am a hairdresser at Notting Hill—I know, the prisoner—about 9 o'clock on the morning of 22nd August he came to the loor, and asked me to stand some beer—we had some—he said all the benng the halfpence in the morning—he said it was all right, he had plenty of money—he pulled out a purse with five or six sovereigns and some silver in it—I said, laughing, "One would suppose you had been robbing somebody"—he said "No, "it was au right, and he asked me if I</p>
<xptr type="pageFacsimile" doc="187209230048"/>
<p>could not send out the boy for some whisky—I said "No, "he would have to wait.</p>
<hi rend="italic">Cross-examined.</hi> He had worked there as assistant, and I had known him a great many years—I never knew anything wrong of him.</p>
<hi rend="smallCaps">MR. HARRIS</hi>
<hi rend="italic">submitted that there was no case, Miss Ryle having intentionally parted both with the property and possession, that the prisoner did not obtain the money by means of any fraud, and had dove nothing to induce her to make the mistake she did; he referred to</hi> "Reg.
<hi rend="italic">v.</hi> Mucklow" (
<hi rend="italic">Moody's Crown cases, p.</hi> 160);
<hi rend="italic">and</hi> "Reg.
<hi rend="italic">v.</hi> McGrath" (39
<hi rend="italic">Law Journal, Magittrate's Cases, part</hi> 7).
<hi rend="smallCaps">MR. METCALFE</hi>
<hi rend="italic">contended, that as the prisoner's warrant was for</hi> 10
<hi rend="italic">s. only, he must have known that he had no right to receive </hi>8
<hi rend="italic">l. </hi>16
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>.,
<hi rend="italic">and although it might be said that he found it, he was bound to return it, as a person would who found anything in the street, if he knew to whim the property belonged. Miss Ryle only acted as the servant of the Post Office, and had no right to part with the money. The</hi>
<hi rend="smallCaps">DEPUTY RECORDER</hi>: "
<hi rend="italic">The question is, whether the circumstances enable us to interpret this fraud into a larceny. Sup
<lb/>posing I go to receive</hi> 14
<hi rend="italic">s</hi>.,
<hi rend="italic">and a person pays me </hi>15
<hi rend="italic">s., and I walk away with it, am I guilty of the larceny of a shilling if it was a mistake on the part of the person who paid it? but here Miss Ryle intends to pay it, and does pay it, I have consulted Mr. Justice Lush, and he has confirmed my impression, but has rather grave doubts whether this would amount to larceny. He thinks it had better be left to the Jury, and take their opinion on the facts, and I will reserse the point as to whether there was a larceny in this case.</hi>
<rs id="t18720923-675-verdict-1" type="verdictDescription">
<interp inst="t18720923-675-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18720923-675-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>.
<hi rend="italic">The Jury recommended him to mercy on account of his previous good character, and the temptation which presented itself at the moment. They also found that he was aware it was the money of the Post Office at the time he took it, and that he had the intention of stealing it</hi> </rs>.—
<hi rend="italic">
<rs id="t18720923-675-punishment-21" type="punishmentDescription">
<interp inst="t18720923-675-punishment-21" type="punishmentCategory" value="noPunish"/>
<interp inst="t18720923-675-punishment-21" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-675-18720923 t18720923-675-punishment-21"/>Judgment reserved.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18720923-676">
<interp inst="t18720923-676" type="uri" value="sessionsPapers/18720923"/>
<interp inst="t18720923-676" type="date" value="18720923"/>
<join result="criminalCharge" id="t18720923-676-charge-1" targOrder="Y" targets="def1-676-18720923 t18720923-676-offence-1 t18720923-676-verdict-1"/>
<persName id="def1-676-18720923" type="defendantName">
<interp inst="def1-676-18720923" type="gender" value="male"/>
<interp inst="def1-676-18720923" type="age" value="26"/>
<interp inst="def1-676-18720923" type="surname" value="CARTWRIGHT"/>
<interp inst="def1-676-18720923" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM CARTWRIGHT</hi> (26)</persName>
<rs id="t18720923-676-offence-1" type="offenceDescription">
<interp inst="t18720923-676-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18720923-676-offence-1" type="offenceSubcategory" value="fraud"/>, Unlawfully obtaining, by means of false pretences, from
<persName id="t18720923-name-165" type="victimName">
<interp inst="t18720923-name-165" type="gender" value="male"/>
<interp inst="t18720923-name-165" type="surname" value="WRIGHT"/>
<interp inst="t18720923-name-165" type="given" value="HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18720923-676-offence-1 t18720923-name-165"/>Henry Wright</persName> twenty sacks of grain; from
<persName id="t18720923-name-166" type="victimName">
<interp inst="t18720923-name-166" type="gender" value="male"/>
<interp inst="t18720923-name-166" type="surname" value="GORDON"/>
<interp inst="t18720923-name-166" type="given" value="ARTHUR NEWTON FORBES"/>
<join result="offenceVictim" targOrder="Y" targets="t18720923-676-offence-1 t18720923-name-166"/>Arthur Newton Forbes Gordon</persName> a mare; from
<persName id="t18720923-name-167" type="victimName">
<interp inst="t18720923-name-167" type="gender" value="male"/>
<interp inst="t18720923-name-167" type="surname" value="PRICE"/>
<interp inst="t18720923-name-167" type="given" value="HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18720923-676-offence-1 t18720923-name-167"/>Henry Price</persName> a violin, and from
<persName id="t18720923-name-168" type="victimName">
<interp inst="t18720923-name-168" type="gender" value="male"/>
<interp inst="t18720923-name-168" type="surname" value="HARRIS"/>
<interp inst="t18720923-name-168" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18720923-676-offence-1 t18720923-name-168"/>William Harris</persName> a metal furnace, with intent to defraud.</rs> </p>
<hi rend="smallCaps">MR. METCALFE</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. W. GOODMAN</hi>
<hi rend="italic">the</hi> </p>
<hi rend="italic">Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18720923-name-169" type="witnessName">
<interp inst="t18720923-name-169" type="gender" value="male"/>
<interp inst="t18720923-name-169" type="surname" value="PRICE"/>
<interp inst="t18720923-name-169" type="given" value="HENRY"/>HENRY PRICE</persName> </hi>. I am a bricklayer, living at 32, Piper Street, Gloucester—I advertised in the
<hi rend="italic">Gloucester Journal</hi> the sale of a violin in June last, of the value of 25
<hi rend="italic">l</hi>.—I afterwards received this letter, dated 1st July, pur
<lb/>porting to come from Mr. William Cartwright, 25, Cock Lane, Smithfield—I wrote this answer, and received this letter, dated 3rd July, agreeing to give 25
<hi rend="italic">l</hi>. I sent the violin to Paddington, and wrote a letter dated 6th. July—I received this answer on the 9th—I have not been paid for my violin, and have not seen it since—the letters took me off my guard, and I thought he was a respectable man—I believed he was a salesman and contractor, carrying on business at Cock Lane, according to the printed heading—I wrote this letter on 10th July.</p>
<hi rend="italic">Cross-examined.</hi> I had not seen the prisoner at all—I received a letter from somebody, and wrote in reply.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-170" type="witnessName">
<interp inst="t18720923-name-170" type="gender" value="male"/>
<interp inst="t18720923-name-170" type="surname" value="WRIGHT"/>
<interp inst="t18720923-name-170" type="given" value="WILLIAM"/>WILLIAM WRIGHT</persName> </hi> (
<hi rend="italic">City Detective</hi>). I found these letters signed Henry Price, which have been produced, at 22, Naylor Street, Caledonian Road, where the prisoner was living.</p>
<hi rend="italic">Cross-examined.</hi> I have watched him from there early in the morning, and back in the evening.</p>
<xptr type="pageFacsimile" doc="187209230049"/>
<hi rend="smallCaps">
<persName id="t18720923-name-171" type="witnessName">
<interp inst="t18720923-name-171" type="gender" value="male"/>
<interp inst="t18720923-name-171" type="surname" value="BRASSEY"/>
<interp inst="t18720923-name-171" type="given" value="JOSEPH"/>JOSEPH BRASSEY</persName> </hi>. I am a railway carman—I saw the prisoner write this signature, "Haxell, "on this voucher.</p>
<hi rend="italic">Cross-examined.</hi> I never saw him before I delivered the copper, which was on 30th July—I have only seen him since at Guildhall; that was seven or eight days afterwards—I have had hundreds of signatures since then—I am sure he is the man who signed the receipt in the name of Haxell—he was dressed the same as he is now—he signed it in the front room of 19, St. John's Lane, between 1 and 2 in the day—I never saw him write any other word but that.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-172" type="witnessName">
<interp inst="t18720923-name-172" type="gender" value="male"/>
<interp inst="t18720923-name-172" type="surname" value="UNDERWOOD"/>
<interp inst="t18720923-name-172" type="given" value="CHARLES"/>CHARLES UNDERWOOD</persName> </hi> (
<hi rend="italic">City Detective Officer</hi>). On 2nd August I was with Wright—I took the prisoner under a warrant—I saw him leave 19, St. John's Lane, and followed him to the post office in St. John Street Road—he had twenty-three letters in his hand, and as he was about to post them I apprehended him—I told him I should apprehend him on a warrant in the name of William Cartwright, and he would be charged with obtaining a violin from a man named Price, at Gloucester, of the value of 25
<hi rend="italic">l</hi>.—he said he was not the man—I took him to the station, and searched him—I found a pocket-book containing several papers and railway bills relative to other charges, a bill in the name of William Cartwright, and a letter addressed William Cartwright—the letters have all been opened, and are answers to advertisements in country newspapers—they are written in the name of Haxell—the prisoner gave the name of William Cartwright—I found this agreement relating to 19, St. John's Lane, at that place—it. is in the name of Cartwright—I also found a number of letters addressed to 25, Cook Lane and Naylor Street, where the prisoner was living in the name of Beck—I went to 22, Naylor Street, and found a quantity of letters and bill-heads in the name of Cartwright, and some in the Dame of Haxell—the documents are all in court.</p>
<hi rend="italic">Cross-examined.</hi> I don't know that there is a Mr. Haxell, nor that he has a foreman named Beck—he said that the letters were given to him by a man, and he did not say who he was—bill-heads like these were found both at 19, St. John's Lane and 22, Naylor Street—it is a business bill-head of William Cartwright, of 25, Cock Lane—he had removed from Cock Lane—I did not find any of them there—I found at St. John's Lane twenty sacks of grains, which had been delivered at Cook Lane—I have been to 25, Cook Lane several times, but never found any one there.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-173" type="witnessName">
<interp inst="t18720923-name-173" type="gender" value="male"/>
<interp inst="t18720923-name-173" type="surname" value="WOODMAN"/>
<interp inst="t18720923-name-173" type="given" value="JOHN"/>JOHN WOODMAN</persName> </hi>. I am a porter at 25, Cook Lane—I live in the back parlour—I have lived there between two and three years—no business has been carried on at that place within the last six months—there was a plate at the side of the door, with "Cartwright, salesman" on it—I have seen an old man there, and he received the letters.</p>
<hi rend="italic">Cross-examined.</hi> I have not seen any of those bill-heads before—they are in the same name that was up.</p>
<hi rend="italic">Re-examined.</hi> Since the plate has been up, no business has been carried on.
<hi rend="smallCaps">HENRY LARDNER</hi>. I live at 24, Hosier Lane—I am agent for the land
<lb/>lord of 25, Cock Lane—I let a portion of that house some time ago to a person named Cartwright—it was the early part of January, this year, as near as my memory serves me—I believe the prisoner is the man, but I should not like to swear that—a plate of iron was put at the side of the door, with "Cartwright, salesman" on it—the rent was 4
<hi rend="italic">s</hi>. a week.</p>
<hi rend="italic">Cross-examined.</hi> These bill-heads are in the same name—I can't say the prisoner was the man positively.</p>
<xptr type="pageFacsimile" doc="187209230050"/>
<hi rend="smallCaps">
<persName id="t18720923-name-174" type="witnessName">
<interp inst="t18720923-name-174" type="gender" value="male"/>
<interp inst="t18720923-name-174" type="surname" value="GORDON"/>
<interp inst="t18720923-name-174" type="given" value="ARTHUR NEWTON FORBES"/>ARTHUR NEWTON FORBES GORDON</persName> </hi>. I am an officer in the 79th High
<lb/>landers, now stationed in the Isle of Wight—I inserted an advertisement last June in the
<hi rend="italic">Isle of Wight Observer</hi> and
<hi rend="italic">Hampshire Independent</hi>, as I wished to sell a bay mare I had, and any reply that was made was to be addressed to the adjutant of the regiment—a letter was received by the adjutant, which he gave to me—I wrote this letter in answer—I afterwards received this letter, signed William Cartwright—I sent this letter, saying that I did not wish to sell the mare unless Mr. Cartwright, or some friend of his, had seen and approved of her, and I did not chose to have her sent back on my hand—I got this answer, and then I sent the mare by the rail
<lb/>way—the clothing that I sent with her was returned, but I have not seen her since, nor have I had the money—I parted with the mare, believing that I was sending her to a salesman and contractor in Smithfield.</p>
<hi rend="italic">Cross-examined.</hi> I never saw the prisoner till I saw him at the Police Court—I don't know his writing—the letters that I sent I addressed to Mr. William Cartwright, 25, Cock Lane.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-175" type="witnessName">
<interp inst="t18720923-name-175" type="gender" value="male"/>
<interp inst="t18720923-name-175" type="surname" value="WRIGHT"/>
<interp inst="t18720923-name-175" type="given" value="WILLIAM"/>WILLIAM WRIGHT</persName> </hi> (
<hi rend="italic">re-called</hi>). There are five letters of Major Gordon's, which were found at 22, Naylor Street, the prisoner's private address.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-176" type="witnessName">
<interp inst="t18720923-name-176" type="gender" value="male"/>
<interp inst="t18720923-name-176" type="surname" value="LACKELL"/>
<interp inst="t18720923-name-176" type="given" value="CHARLES WILLIAM"/>CHARLES WILLIAM LACKELL</persName> </hi>. I occupy the house, 22, Naylor Street—on 10th June the prisoner came to live in two of the rooms, in the name of Beck—I received one letter from the postman for him, which I gave to his wife.</p>
<hi rend="italic">Cross-examined.</hi> I am the landlord of the house—I saw the prisoner very often after he came to live there—another man lived there with him; that was not Beck—I don't know what his name was, I only heard the name "William"—they went away in the morning and came back in the evening, like business men.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-177" type="witnessName">
<interp inst="t18720923-name-177" type="gender" value="male"/>
<interp inst="t18720923-name-177" type="surname" value="UNDERWOOD"/>
<interp inst="t18720923-name-177" type="given" value="CHARLES"/>CHARLES UNDERWOOD</persName> </hi> (
<hi rend="italic">re-called</hi>). I produce a railway ticket for a horse, which I found in the prisoner's pocket-book—it is dated 2nd July, in the name of Cartwright, for a horse sent from Portsmouth.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-178" type="witnessName">
<interp inst="t18720923-name-178" type="gender" value="male"/>
<interp inst="t18720923-name-178" type="surname" value="FRANCIS"/>
<interp inst="t18720923-name-178" type="given" value="GEORGE"/>GEORGE FRANCIS</persName> </hi>. I am an estate agent, at Eaton Chambers, Buckingham Palace Road—on 12th July the prisoner came and signed an agreement to take a house at No. 19, St. John's Lane—this is the agreement—he signed it in the name of William Cartwright—he gave two references before the preliminary agreement was signed; one was to a man named Beck, of Naylor Street—I wrote to that address, and got an answer by return of post—this is
<hi rend="italic">my letter</hi> to Beck.</p>
<hi rend="italic">Cross-examined.</hi> I only saw the prisoner at my office on 12th Jury—I have no doubt that he was the man who signed the preliminary agreement.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-179" type="witnessName">
<interp inst="t18720923-name-179" type="gender" value="male"/>
<interp inst="t18720923-name-179" type="surname" value="WRIGHT"/>
<interp inst="t18720923-name-179" type="given" value="WILLIAM"/>WILLIAM WRIGHT</persName> </hi> (
<hi rend="italic">re-called</hi>). This letter to Beck was found at 22, Naylor Street.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-180" type="witnessName">
<interp inst="t18720923-name-180" type="gender" value="male"/>
<interp inst="t18720923-name-180" type="surname" value="WRIGHT"/>
<interp inst="t18720923-name-180" type="given" value="HENRY"/>HENRY WRIGHT</persName> </hi>. I live at Maidstone—in June last I advertised in the Maidstone papers that I had some grains to sell; I received a letter on the 22nd from William Cartwright, 25, Cock Lane, to send a ton of grains, and direct them to the South-Eastern Railway, Bricklayers' Arms Station, and that he would send a post office order—in consequence of that letter I sent a ton of grains, and on 27th June I received another letter: "I received the grains safe, my cattle like them, and they give satisfaction; the bags will be empty at the end of the week. You can send half a ton more, and likewise half a ton of linseed cake"—I did not send any more grains—I made inquiries upon the Corn Market, and I did not hear any good—I</p>
<xptr type="pageFacsimile" doc="187209230051"/>
<p>wrote to the address again, and asked for a reference—we had a letter, referring to Samuel Beck, 22, Naylor Street; that was on 29th June; the letter is signed William Cartwright—I came up to London on 1st July, and I went to 25, Cock Lane; there was an old man in the front room, and I found the grains there—I asked for Mr. Cartwright, and he said he was not within—I said, "Where does he keep his horses and cattle, and so on?"—he said he thought he was over in the Borough—I could find no such person there—there was no business at Cock Lane, except the old man and the grains—I have not been paid for the grains.</p>
<hi rend="italic">Cross-examined.</hi> The detective got possession of the grains, and I got part of them back—I went to London about a week or ten days after the grains were sent, just after I got the letter of reference—I knocked at the door and the old man opened it—I asked for Mr. Cartwright, and he said he was not in.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-181" type="witnessName">
<interp inst="t18720923-name-181" type="gender" value="male"/>
<interp inst="t18720923-name-181" type="surname" value="UNDERWOOD"/>
<interp inst="t18720923-name-181" type="given" value="CHARLES"/>CHARLES UNDERWOOD</persName> </hi> (
<hi rend="italic">re-called</hi>). I produce the invoice of these grains, which I found in the pocket-book which I found on the prisoner—I also found the grains that were delivered at 25, Cook Lane, at 19, St. John's Lane—they were taken to the police-station.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-182" type="witnessName">
<interp inst="t18720923-name-182" type="gender" value="male"/>
<interp inst="t18720923-name-182" type="surname" value="WRIGHT"/>
<interp inst="t18720923-name-182" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY WRIGHT</persName> </hi>. I am the son of Mr. Henry Wright—I live at 1, Lucas Place, Commercial Road, and am agent for ray father—I saw be grains at 19, St. John's Lane, in July—I identified them as belonging to my father—they were in our sacks.</p>
<hi rend="smallCaps">
<persName id="t18720923-name-183" type="witnessName">
<interp inst="t18720923-name-183" type