<!-- © 2003-2008 Old Bailey Proceedings Online -->
<TEI.2>
<text>
<body>
<div0 type="sessionsPaper" id="t18730203">
<interp inst="t18730203" type="uri" value="sessionsPapers/18730203"/>
<interp inst="t18730203" type="date" value="18730203"/>
<xptr type="pageFacsimile" doc="187302030001"/>
<xptr type="transcription" doc="18730203"/>
<div1 type="frontMatter" id="f18730203">
<interp inst="f18730203" type="uri" value="sessionsPapers/18730203"/>
<interp inst="f18730203" type="date" value="18730203"/>
<p>CENTRAL CRIMINAL COURT</p>
<p>Sessions Paper.</p>
<p>WATERLOW, MAYOR.</p>
<p>FOURTH SESSION, HELD FEBRUARY 3RD, 1873.</p>
<p>MINUTES OF EVIDENCE,</p>
<p>TAKEN IN SHORT-HAND, BY</p>
<p>JAMES DROVER BARNETT</p>
<p>AND</p>
<p>ALEXANDER BUCKLER,</p>
<p>Short-hand Writers to the Court,</p>
<p>ROLLS CHAMBERS, No. 89, CHANCERY LANE.</p>
<p>THE POINTS OF LAW AND PRACTICE</p>
<p>REVISED AND EDITED, BY</p>
<p>EDWARD T. E. BESLEY, ESQ.,</p>
<p>OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.</p>
<p>LONDON:</p>
<p>STEVENS & SONS, 119, CHANCERY LANE.</p>
<xptr type="pageFacsimile" doc="187302030002"/>
<p>THE</p>
<p>WHOLE PROCEEDINGS</p>
<p>On the Queen's Commission of</p>
<p>OYER AND TERMINER AND GAOL DELIVERY</p>
<p>FOR</p>
<p>The City of London,</p>
<p>AND GAOL DELIVERY FOR THE</p>
<p>COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION</p>
<p>OF THE</p>
<p>CENTRAL CRIMINAL COURT,</p>
<p>Held on Monday, February 3rd, 1873, and following days,</p>
<p>
<hi rend="smallCaps">BEFORE THE RIGHT HON. SIR</hi>
<hi rend="largeCaps">
<persName id="t18730203-name-1" type="judiciaryName">
<interp inst="t18730203-name-1" type="gender" value="male"/>
<interp inst="t18730203-name-1" type="surname" value="WATERLOW"/>
<interp inst="t18730203-name-1" type="given" value="SYDNEY HEDLEY"/>SYDNEY HEDLEY WATERLOW</persName> </hi>,
<hi rend="smallCaps">KNT</hi>.,
<hi rend="largeCaps">LORD MAYOR</hi> of the City of London; The Hon. Sir
<hi rend="smallCaps">
<persName id="t18730203-name-2" type="judiciaryName">
<interp inst="t18730203-name-2" type="gender" value="male"/>
<interp inst="t18730203-name-2" type="surname" value="LUSH"/>
<interp inst="t18730203-name-2" 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
<persName id="t18730203-name-3" type="judiciaryName">
<interp inst="t18730203-name-3" type="gender" value="male"/>
<interp inst="t18730203-name-3" type="surname" value="HONEYMAN"/>
<interp inst="t18730203-name-3" type="given" value="GEORGE"/>
<hi rend="smallCaps">GEOROE HONYMAN</hi> </persName>, Bart., one of the Justices of Her Majesty's Court of Common Pleas; Sir
<hi rend="smallCaps">
<persName id="t18730203-name-4" type="judiciaryName">
<interp inst="t18730203-name-4" type="gender" value="male"/>
<interp inst="t18730203-name-4" type="surname" value="CARDEN"/>
<interp inst="t18730203-name-4" type="given" value="ROBERT WALTER"/>ROBERT WALTER CARDEN</persName> </hi>, Knt.,
<hi rend="smallCaps">
<persName id="t18730203-name-5" type="judiciaryName">
<interp inst="t18730203-name-5" type="gender" value="male"/>
<interp inst="t18730203-name-5" type="surname" value="SIDNEY"/>
<interp inst="t18730203-name-5" type="given" value="THOMAS"/>THOMAS SIDNEY</persName> </hi>, Esq.,
<hi rend="smallCaps">
<persName id="t18730203-name-6" type="judiciaryName">
<interp inst="t18730203-name-6" type="gender" value="male"/>
<interp inst="t18730203-name-6" type="surname" value="CARTER"/>
<interp inst="t18730203-name-6" type="given" value="JOHN"/>JOHN CARTER</persName> </hi>, Esq., Sir
<hi rend="smallCaps">
<persName id="t18730203-name-7" type="judiciaryName">
<interp inst="t18730203-name-7" type="gender" value="male"/>
<interp inst="t18730203-name-7" type="surname" value="GABRIEL"/>
<interp inst="t18730203-name-7" type="given" value="THOMAS"/>THOMAS GABRIEL</persName> </hi>, Bart., Sir
<hi rend="smallCaps">
<persName id="t18730203-name-8" type="judiciaryName">
<interp inst="t18730203-name-8" type="gender" value="male"/>
<interp inst="t18730203-name-8" type="surname" value="DAKIN"/>
<interp inst="t18730203-name-8" type="given" value="THOMAS"/>THOMAS DAKIN</persName> </hi>, Knt.,
<persName id="t18730203-name-9" type="judiciaryName">
<interp inst="t18730203-name-9" type="gender" value="male"/>
<interp inst="t18730203-name-9" type="surname" value="QWDEN"/>
<interp inst="t18730203-name-9" type="given" value="THOMAS SCRAMBLER"/>
<hi rend="smallCaps">THOMAS SCAMBLER OWDEN</hi> </persName>, Esq., and
<hi rend="smallCaps">
<persName id="t18730203-name-10" type="judiciaryName">
<interp inst="t18730203-name-10" type="gender" value="male"/>
<interp inst="t18730203-name-10" type="surname" value="ELLIS"/>
<interp inst="t18730203-name-10" type="given" value="JOHN WHITAKER"/>JOHN WHITAKER ELLIS</persName> </hi>, Esq., Aldermen of the said City; Sir
<hi rend="smallCaps">
<persName id="t18730203-name-11" type="judiciaryName">
<interp inst="t18730203-name-11" type="gender" value="male"/>
<interp inst="t18730203-name-11" type="surname" value="CHAMBERS"/>
<interp inst="t18730203-name-11" type="given" value="THOMAS"/>THOMAS CHAMBERS</persName> </hi>, Knt., Q.C., M.P., Common Serjeant of the said City (acting as Deputy-Recorder); and
<hi rend="smallCaps">
<persName id="t18730203-name-12" type="judiciaryName">
<interp inst="t18730203-name-12" type="gender" value="male"/>
<interp inst="t18730203-name-12" type="surname" value="KERR"/>
<interp inst="t18730203-name-12" type="given" value="ROBERT MALCOLM"/>ROBERT MALCOLM KERR</persName> </hi>, Esq., LL.D., Judge of the Sheriffs' Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-13" type="judiciaryName">
<interp inst="t18730203-name-13" type="gender" value="male"/>
<interp inst="t18730203-name-13" type="surname" value="WHITE"/>
<interp inst="t18730203-name-13" type="given" value="THOMAS"/>THOMAS WHITE</persName> </hi>, Esq., Alderman.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-14" type="judiciaryName">
<interp inst="t18730203-name-14" type="gender" value="male"/>
<interp inst="t18730203-name-14" type="surname" value="PERKINS"/>
<interp inst="t18730203-name-14" type="given" value="FREDERICK"/>FREDERICK PERKINS</persName> </hi>, Esq.</p>
<p>
<hi rend="italic">Sheriffs.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-15" type="judiciaryName">
<interp inst="t18730203-name-15" type="gender" value="male"/>
<interp inst="t18730203-name-15" type="surname" value="HEWETT"/>
<interp inst="t18730203-name-15" type="given" value="ARTHUR TURNER"/>ARTHUR TURNER HEWETT</persName> </hi>, Esq.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-16" type="judiciaryName">
<interp inst="t18730203-name-16" type="gender" value="male"/>
<interp inst="t18730203-name-16" type="surname" value="CROSLEY"/>
<interp inst="t18730203-name-16" type="given" value="ALEXANDER"/>ALEXANDER CROSLEY</persName> </hi>, Esq.</p>
<p>
<hi rend="italic">Under Sheriffs.</hi> </p>
<xptr type="pageFacsimile" doc="187302030003"/>
<p>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<p>
<hi rend="largeCaps">WATERLOW, MAYOR. FOURTH SESSION</hi>.</p>
<p>
<hi rend="italic">A star</hi> (*)
<hi rend="italic">denotes that prisoners have been previously in custody—two stars</hi> (**)
<hi rend="italic">that they have been more than once in custody—an obelisk</hi> (†)
<hi rend="italic">that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.</hi> </p>
<p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Monday, February</hi> 3
<hi rend="italic">rd</hi>, 1873.</p>
<p>
<hi rend="italic">Before Mr. Deputy Recorder.</hi> </p>
<div1 type="trialAccount" id="t18730203-156">
<interp inst="t18730203-156" type="uri" value="sessionsPapers/18730203"/>
<interp inst="t18730203-156" type="date" value="18730203"/>
<join result="criminalCharge" id="t18730203-156-charge-1" targOrder="Y" targets="def1-156-18730203 t18730203-156-offence-1 t18730203-156-verdict-1"/>
<p>156.
<persName id="def1-156-18730203" type="defendantName">
<interp inst="def1-156-18730203" type="gender" value="male"/>
<interp inst="def1-156-18730203" type="age" value="23"/>
<interp inst="def1-156-18730203" type="surname" value="RICHARDSON"/>
<interp inst="def1-156-18730203" type="given" value="ALFRED"/>
<hi rend="largeCaps">ALFRED RICHARDSON</hi> (23)</persName>, was indicted
<rs id="t18730203-156-offence-1" type="offenceDescription">
<interp inst="t18730203-156-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18730203-156-offence-1" type="offenceSubcategory" value="simpleLarceny"/> for stealing 1170 yards of cloth of
<persName id="t18730203-name-18" type="victimName">
<interp inst="t18730203-name-18" type="gender" value="male"/>
<interp inst="t18730203-name-18" type="surname" value="STEPHENSON"/>
<interp inst="t18730203-name-18" type="given" value="HENRY RONALD"/>
<interp inst="t18730203-name-18" type="occupation" value="dealer in woollen cloth"/>
<join result="offenceVictim" targOrder="Y" targets="t18730203-156-offence-1 t18730203-name-18"/>Henry Ronald Stephenson</persName>.
<hi rend="italic">Second Count</hi>—Feloniously receiving the same.</rs> </p>
<p>
<hi rend="smallCaps">MR. BESLBY</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MESSRS. STRAIGHT</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">BROMBY</hi>
<hi rend="italic">the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-19" type="witnessName">
<interp inst="t18730203-name-19" type="gender" value="male"/>
<interp inst="t18730203-name-19" type="surname" value="STEPHENSON"/>
<interp inst="t18730203-name-19" type="given" value="HENRY RONALD"/>HENRY RONALD STEPHENSON</persName> </hi>. I am a dealer in woollen cloth, in Bond Court, Walbrook—I buy lots of cloth to sell again—this 1170 yards of cloth was bought by me through the prisoner of a Mr. Brayshaw, a manufacturer of Leeds—it is what is called waterproof cloth, which is more in demand at one season of the year—I bought it at the end of the season at 1
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>. a yard nett—the prisoner was not paid anything by me on that occasion—what Mr. Brayshaw gave him I don't know—Mr. Brayshaw came himself, and I paid him the money at the time—time (
<hi rend="italic">produced</hi>) is the invoice settled by him—the cloth was in thirty pieces when I bought it on 15th November—about the 25th November the prisoner called and said if I wanted to sell it he knew a person who wanted it for shipping, who would give a good price for it—I said I would give him 1
<hi rend="italic">d</hi>. a yard commission, and that would be about 5
<hi rend="italic">l</hi>. on the lot; that was in the presence of Mr. Walters, my clerk—the prisoner took a pattern of the cloth to show—he called each day after
<lb/>wards, and on the 27th he came and said that a man named Davis had agreed to give him 2
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>. with 25 per cent, off—that would bring it to 1
<hi rend="italic">s</hi>. 6 3/4
<hi rend="italic">d</hi>. nett—he did not give me Davis's address then—I wrote to him on the 28th to tell him to let me have an answer—on the 29th he came and said that Davis had agreed to take it at that price, and he then wrote on this paper (
<hi rend="italic">produced</hi>) the name "J. Davis"—I then proceeded to make out an invoice—I did not put any name at the head of the invoice—I sent my clerk to Perry's to make inquiries as to the reputation of Davis; they were quite satisfactory—the quantity sold to Davis was 1170 yards, contained in twenty-four pieces out of the thirty—the cloth was at my packers', Turner & Co., in Barge Yard, Bucklersbury—Mr. Boutland carries on the business under that name—the prisoner told me they were to go to Pewtress, another packer's, in Bush Lane, for Davis—he said that Davis would have</p>
<xptr type="pageFacsimile" doc="187302030004"/>
<p>them sent there, and would call over and pay for them at Pewtress's, when he had looked over them—I sent the pieces on to Pewtress's, and as I did not know anything about Davis I followed the cart on, and the prisoner came after me—I said to him "I am sending these over to Pewtress's, and I have got the note here; they are to be held to ray order at Pewtress's, not to be given up until they are paid for"—he immediately said "I have been and seen Davis, and he won't take them; he says they are too good for him"—the cloth did not go on to Pewtress's, it went nearly there; but when the prisoner said that, I told them to take the cloth back to Boutland, and it was taken back—I left the invoice I had made out, which had no name on it, on my desk—I only put the date and twenty-four pieces of cloth, 1174 yards—the prisoner came back with me to the office after going with the cart—I left the invoice on the desk when I went out, and when the prisoner went away it was gone—I did not give it to the prisoner—I did not make out an invoice to him in his own name—I never thought of such a thing—he has no place of business—this invoice was produced to me at the Police Court—it is the invoice that was taken away without my authority from my counting-house—it never had my name upon it—I am quite positive about that—on 3rd December the prisoner called again and brought me this card of Mr. Hillyer, and said he had sold the cloth to Hillyer at 1
<hi rend="italic">s</hi>. 6 3/4
<hi rend="italic">d</hi>. nett—I said I would inquire at Perry's about Hillyer, if he was trustworthy, and if I found it all right I would send them down the day after—the prisoner came again on the morning of the 3rd—Graves, Mr. Boutland's manager, was there—I told Graves in the prisoner's presence that I had sold these goods to Hillyer, and he must take them down to Hillyer's, and I gave him a note with the partioulars on it, with the amouut he had to receive, and strict orders, three or four times over, not to leave the goods without the money—I also told him if Hillyer wanted a yard a piece allowed, he was to allow it as the custom of the trade—I put that in writing—(
<hi rend="italic">Read:</hi> "R. Hillyer, 29 and 31, Hare Street, Bethnal Green, received for me 91
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. 1 1/2 d, at Messrs. Turner & Co.'s, packers, entered twenty-four pieces of cloth, 1170 yards"—the prisoner stood by while the pieces were put into the cart from Boutland's—I was there, and Graves and Mr. Boutland both helped to put the pieces into the cart, and the prisoner went away with Graves to deliver them at Hillyer's, and I never saw him again until he was in custody—I found that a person named Rosenberg had been given into custody by Bennett, Mr. Boutland's man—I don't remember the date, it was on the Saturday that I went to Worship Street, in the same week—I there saw sixteen out of the twenty-four pieces of cloth—I knew nothing of Rosenberg—I never heard anything of him—I believe these two papers (
<hi rend="italic">produced</hi>) to be in the prisoner's writing, but I can't say because I don't know his writing—I saw Him write a note, just the name, but I can't say that I know his writing; I think this is his writing, but I could not swear it—I never authorised him to make out an invoice for the cloth in his own name, or to give a receipt in his own name—he had nothing to do with either selling the goods or receiving the money—the price I have named would allow 91
<hi rend="italic">l</hi>.—I was to give him 1
<hi rend="italic">d</hi>. a yard off that.</p>
<p>
<hi rend="italic">Cross-examined.</hi> The first time I ever knew the prisoner was when he came wanting to sell me these goods—I had not known him before—I had never dealt with Mr. Brayshaw before—the prisoner did not tell me that he had no capital of his own, but that he knew of some goods that he</p>
<xptr type="pageFacsimile" doc="187302030005"/>
<p>could purchase, and he thought might make a considerable profit out of the transaction by finding the cash—he never mentioned anything of the kind—he came several times in November, but it was on the 15th that I agreed to buy these goods—I did buy them, and they were deposited in my warehouse—I have part of Boutland's warehouse in Barge Yard—I first heard that he had got a purchaser for the goods when he came to tell me that Davis had bought them—he did not mention the name at first, he said a party would buy; that was on the 27th November—that was the first time anything was mentioned about his selling the goods—he first mentioned the name on the 29th, when the goods were said to be sold—this (
<hi rend="italic">produced</hi>) is the letter I wrote to him, dated the 28th—I said at the Police Court that I had never written such a letter; I had forgotten it—(
<hi rend="italic">Read:</hi> "Merchant Traders' Discount Office, November, 28th.—Mr. Richardson.—Sir,—I will not take less than 2
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>. per yard for the goods; and, as they are under offer, I must know at once.")—2
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>. is mentioned there, but 25 per cent. off would make it 1
<hi rend="italic">s</hi>. 6 3/4
<hi rend="italic">d</hi>.; that was the price he said, and he was to have 1
<hi rend="italic">d</hi>. a yard commission on the nett amount—the price was the same, both to Davis and Hillyer—when he came on the 29th he had nobody with him; he never had any one with him—my clerk, Mr. Walters, was with me—he was in several times when the prisoner came—I discount a good many bills for traders in the City—I don't keep a regular warehouse—I buy a lot of cloths at the end of the season, and keep them over till the next season—I have a warehouse and an office—I had not many goods at this particular time, because it was just at the end of the season, when I should buy various lots—persons come to offer goods for sale who you have never known before; that is a common things in the City—I looked to Brayshaw—I knew Brayshaw, of Leeds and Aldermanbury—I sent to Perry's to inquire both about Davis and Hillyer—I found they were respectable persons; I would trust either of them—I should never send goods sold for cash unless I knew they were likely to be paid for; I would never send them, except to a respectable man, because very often tricks may be played—if you deliver goods you don't always get your money—this is the invoice that I began to make out, and which I left on my desk for Davis, and which disappeared—that was on 29th November—that was the day after I wrote the letter stating that I had an offer from another person—that was a man in the Fulham Road, named Jones, and I sold him some of them afterwards—I never heard of Bernard or Searle—no one came with the prisoner to my office on the 29th, or on any occasion, except Mr. Brayshaw, when the goods were bought on the 15th—no person came with the prisoner on the 29th—there was a person who he said had come to look at the goods on 2nd December, a shopman of Hillyer's; he did not bring that person into me—I told him to take him across, and show him the goods at Turner's place; that is all I know about any other person—I never saw any other person with him—that was not on the 29th November, but on the 2nd December—it was at the prisoner's suggestion that the goods were taken to Pewtress's; he ordered them to be taken to Pewtress's for Davis, and Davis was to pay for them there.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-20" type="witnessName">
<interp inst="t18730203-name-20" type="gender" value="male"/>
<interp inst="t18730203-name-20" type="surname" value="WALTERS"/>
<interp inst="t18730203-name-20" type="given" value="JOHN"/>JOHN WALTERS</persName> </hi>. I am clerk to Mr. Stephenson—I was present when the prisoner came, saying that he could get a customer to buy the cloth which had been bought of Brayshaw—I believe it was about the 29th November—he was to have a commission of 1
<hi rend="italic">d</hi>. per yard—the goods were to be sold at 2
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>. per yard, discount 25 per cent., that would be 1
<hi rend="italic">s</hi>. 6 3/4
<hi rend="italic">d</hi>.—it was</p>
<xptr type="pageFacsimile" doc="187302030006"/>
<p>on that occasion that Davis's name was mentioned—Mr. Stepheson com
<lb/>menced to write this invoice in my presence—there was some conversation between me and Mr. Stephenson about the Christian name of Davis—I had been to Perry's about it—no name was ever written on that invoice to my knowledge, not whilst it was in my possession—I never gave the prisoner authority to take it off the desk or from the floor of the office—he had no right to have possession of it.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I had no conversation with the prisoner about Hillyer's matter that I am aware of—he did not tell me that Hillyer had paid him 5
<hi rend="italic">l</hi>. on account by way of deposit—he gave me a portion of the information that led me to go to Perry's to make inquiries about Davis and Hillyer—he only told us of Davis on the 29th; we did not know anything about Hillyer then—he gave us some information with respect to them which we found to be correct—we found Davis to be a respectable man, quite to be trusted—I believe I was present at the first conversation between Mr. Stephenson and the prisoner about the goods from Brayshaw—I don't recollect the prisoner saying that he had no capital, but that he knew of some things that might be bought, and if my master would find the capital for him, a considerable profit might be made upon them—I believe the words used were, was Mr. Stephenson willing to buy any goods of that kind—I don't recollect any conversation of the sort you mention, or the word profit on the transaction being used—he came some days afterwards, and asked if they were sold, and said he would sell them for Mr. Stephen
<lb/>son, and Mr. Stephenson agreed with him, I believe, to give him 1
<hi rend="italic">d</hi>. per yard commission—I heard him do that, and the prisoner seemed satisfied; that was all I heard said.</p>
<p>
<hi rend="italic">Re-examined.</hi> When the goods were bought on 15th November, Mr. Brayshaw was present, and in the prisoner's presence he received the money and gave this receipt; this is the invoice—the prisoner in my presence handed this memorandum to Mr. Stephenson "J. Davis"; the letters "oseph "are mine—that was written in by me after I had been to Perry's and found out the name—the prisoner wrote this memorandum at the back in my presence—the name is spelt "Pettress"—Mr. Stephenson corrected it to Pewtress—these two documents (
<hi rend="italic">produced</hi>) appear to be in the same handwriting as that I saw of the prisoner's.</p>
<p>
<hi rend="smallCaps">MR. STEPHENSON</hi> (
<hi rend="italic">re-examined</hi>). I missed that invoice on the 29th.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-21" type="witnessName">
<interp inst="t18730203-name-21" type="gender" value="male"/>
<interp inst="t18730203-name-21" type="surname" value="GRAVES"/>
<interp inst="t18730203-name-21" type="given" value="CHARLES"/>CHARLES GRAVES</persName> </hi>. I am foreman to Mr. Boutland, who trades under the name of Turner & Co., packers, 6, Barge Yard, Bucklersbury—we had these twenty-four pieces of waterproof cloth—on 29th November they were delivered into a van from our place and came back again—on 3rd December they were again put into a cart of Messrs. Mutter & Co.—Real was the driver—they never came back again—I received directions from Mr. Stephenson in the prisoner's presence to take the goods down to Mr. Hillyer's, at Bethnal Green, and to have the money or bring away the goods—I went to Hare Street, Bethnal Green, to a hatter's shop, with the name of Hillyer over the door—the prisoner went with me—I had with me this paper as my authority to receive the 91
<hi rend="italic">l</hi>.—there were several persons in the shop—the goods were taken in—the prisoner went in first, I think—when I went in there was a female behind the bar who, I hear, was Mrs. Hillyer—she had some money in her apron—I said "That is what I want"—she remarked "You will have none of that" or something to that effect, and she took a cap and placed it away—I got no money; but I left the</p>
<xptr type="pageFacsimile" doc="187302030007"/>
<p>goods because I was requested by the prisoner to go to his other shop—he said "Mrs. Hillyer is not at home; we must go down to the other shop to get the money"—in consequence of that I left the goods and went with the prisoner to Mr. Hillyer's other shop at Hoxton—another person went with us, I don't know his name; it was a party who was in Air. Hillyer's shop, I presume the warehouseman—the shop at Hoxton was a similar shop; a hatter's, with Mr. Hillyer's name—we did not find Mr. Hillyer there—the party who went with us said that Mr. Hillyer was supposed to be back in about ten minutes—he said "Well it is cold waiting, will you have a glass of anything to drink?"—I said "Yes, I don't mind if I do," and we went and had something—when we got into the public-house, the prisoner said to the other party, a tall man, "Have you got the invoice?"—he said "No, I have not, I have left it in the goods"—the prisoner said "Oh then I had better go and fetch it," and he immediately went out to fetch it, as I sup
<lb/>posed; the tall man stayed with me—I did not go back to the shop at Hoxton—I went back to the shop at Hare Street in about half an hour—the tall man went with me—I did not find the prisoner or the goods there—they were gone—I next saw the goods at the police-station on the Saturday following—I never saw the prisoner again till he was in custody—I saw Rosenberg in the dock at Worship Street, and was examined as a witness.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-22" type="witnessName">
<interp inst="t18730203-name-22" type="gender" value="male"/>
<interp inst="t18730203-name-22" type="surname" value="HILLYER"/>
<interp inst="t18730203-name-22" type="given" value="ROBERT"/>ROBEBT HILLYER</persName> </hi>, I am a hatter, of 29, Hare Street, Bethnal Green, and have another shop at Hoxton—this is one of my cards—I had no con
<lb/>conversation with the prisoner about buying waterproof cloth before I saw it at my shop on 3rd December—I never remember giving him a card—I have known him, because when I was a lad my father used to buy of his father, who was in the trimming line—I have known him for some years, but not to have any business transaction with him—I never bought any
<lb/>thing of him in my life—I do not know Rosenberg as being related to him—I don't know Rosenberg at all—on 3rd December I found the twenty
<lb/>four pieces of cloth at my shop when I came home at near 2 o'clock—I did not see anybody with it until the prisoner came—he asked me if I would buy the cloth—I said it was not in my line—he said "Can't you do with it?"—I said "No, I can't"—he said "I thought it might have suited you"—I said "No, it will not suit me," and he took it away, and I saw no more of him—I have heard them speak of this tall man, but I can't think who he can be; he is no one connected with me.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I had not seen the prisoner before 3rd December to have any conversation with him in respect of these goods—I have a man named Taylor in my employ—I had seen the prisoner before 3rd December, but not about these goods—he told me he was a dealer, and that he often had things to suit me—I did not pay him 5
<hi rend="italic">l</hi>. on the 3rd by way of deposit, I am quite sure; I never paid him any money in my life—I sent my shop
<lb/>man with him on 3rd December to get 5
<hi rend="italic">l</hi>.—that was for goods that he had had, not money that I had paid him, and was to receive back because I would not accept these goods; I am quite sure of that—he owed me 5
<hi rend="italic">l</hi>. for some goods he had had of me—I did not say that I had never had any transaction with him before—I said that I had never bought anything of him—I think it was four dozen hats that he bought of me—that was what the 5
<hi rend="italic">l</hi>. was paid for; he had an invoice when he bought them—it was some time in November—I asked him for the 5
<hi rend="italic">l</hi>.—he said he had not got it with him, but if I would send my man with him he would pay me—my</p>
<xptr type="pageFacsimile" doc="187302030008"/>
<p>man did not tell me where he had got the 5
<hi rend="italic">l</hi>.—the prisoner said these goods were his own—he did not say where he had got them—he did not mention anybody else's name—he treated the transaction as one of his own—I never saw any man with him during the transaction—I did not spend any time with him in a public-house that afternoon—I never went out of my doors—I was not at Hawkins' public-house—I was not in company with him on the Thursday night before at Hawkins' public-house—I saw him one night at Hawkins'—that was some weeks before, I think—I had no conversation about purchasing cloth then—I did not see anybody with him then—I was with a neighbour—we went in just to hear a song—I had no conver
<lb/>sation with him—I only spoke to him in a friendly way "How do you do, Mr. Richardson?"</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-23" type="witnessName">
<interp inst="t18730203-name-23" type="gender" value="male"/>
<interp inst="t18730203-name-23" type="surname" value="REAL"/>
<interp inst="t18730203-name-23" type="given" value="JOSEPH"/>JOSEPH REAL</persName> </hi>. I am a carman—on 3rd December I went to Turner & Co's., the packers—Mr. Graves and the prisoner were there—twenty-four pieces of cloth were put into the cart, and I drove to Hare Street—Graves and the prisoner went with me to Mr. Hillyer's shop where I unloaded the cloth—a tall man helped me to unload it—I then went to Hoxton and waited about, and afterwards went back with Graves to Hare Street and found the goods gone.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-24" type="witnessName">
<interp inst="t18730203-name-24" type="gender" value="male"/>
<interp inst="t18730203-name-24" type="surname" value="PARKES"/>
<interp inst="t18730203-name-24" type="given" value="ALFRED"/>ALFRED PARKES</persName> </hi>. I am a partner in the firm of Pewtress & Co., packers, of 2, Suffolk Lane, Cannon Street—on 3rd December the prisoner brought twenty-four pieces of waterproof cloth there in two pony traps, and directed me to hold them to his order—they were taken away again in an hour or an hour and a half—he was there at the time—they were delivered to a carman named Mackie.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I first saw the prisoner a day or two before, and he told me he was going to send the cloth to us for Davis to look at—I have a a recollection of Mr. Stephenson calling on us, but I cannot distinctly remember what for—I was present when Davis called and examined the goods; the prisoner was there—there was a discussion about the quality of the goods; I can't say about the price—I did not hear Davis say they were too good a quality for him, I only heard him say that he would not have anything to do with them—the prisoner was treating them as goods of his own that he had to sell—I believe he spoke of them as "my goods."</p>
<p>
<hi rend="italic">Re-examined.</hi> It was on 3rd December that Davis was there with the prisoner—I knew nothing about the goods till the 3rd December.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-25" type="witnessName">
<interp inst="t18730203-name-25" type="gender" value="male"/>
<interp inst="t18730203-name-25" type="surname" value="COOPER"/>
<interp inst="t18730203-name-25" type="given" value="GEORGE"/>GEORGE COOPER</persName> </hi> (
<hi rend="italic">Detective II</hi>). In consequence of information, on Friday evening, 6th December, I went to 66, Cable Street, in company with Detective Mitchell, and there I found Rosenberg; it is a kind of a second
<lb/>hand clothes shop—I have heard that Rosenberg is uncle to the prisoner, but I don't know it—I found sixteen pieces of waterproof cloth in a lumber-room or cellar down stairs—I showed them to Mr. Stephenson—one of these two papers was produced to me when I found the cloth—it purports to be a sale by the prisoner to Rosenberg for 105
<hi rend="italic">l</hi>.—the other paper I got from Hillyer's shop.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-26" type="witnessName">
<interp inst="t18730203-name-26" type="gender" value="female"/>
<interp inst="t18730203-name-26" type="surname" value="PALMER"/>
<interp inst="t18730203-name-26" type="given" value="ANN"/>ANN PALMER</persName> </hi>. I live at 62, Skinner-street—the prisoner lodged with me for nine months previous to 3rd December; he left that day at 7 o'clock—he usually went out between 10 and 11 o'clook in the morning, and he generally returned in good time in the evening—he did not return on 3rd December—I never saw him again till he was in custody.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-27" type="witnessName">
<interp inst="t18730203-name-27" type="gender" value="male"/>
<interp inst="t18730203-name-27" type="surname" value="ROGERS"/>
<interp inst="t18730203-name-27" type="given" value="WILLIAM"/>WILLIAM ROGERS</persName> </hi> (
<hi rend="italic">Police Sergeant T</hi> 13). On 3rd January I saw the prisoner in a beer-shop at Acton Green—I said to him, "Your name is</p>
<xptr type="pageFacsimile" doc="187302030009"/>
<p>Richardson"—he said, "No; you make a mistake"—I said, "Oh, no; I don't make any mistake at all; your name is Richardson; I shall take you for stealing some cloth at Whitechapel"—he said, "No, no; you make a mistake"—when I got him outside the house he said, "It is quite right; I have been expecting it for some time, but I am quite prepared to meet it."</p>
<p>
<hi rend="italic">Cross-examined.</hi> He complained at first when I spoke to him that he could not hear what I said—he held his head on one side, and said, "What do you say?" and pretended not to hear—I said, "I want you for stealing some cloth"—he said, "What do you say?"</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-28" type="witnessName">
<interp inst="t18730203-name-28" type="gender" value="male"/>
<interp inst="t18730203-name-28" type="surname" value="HILLTER"/>
<interp inst="t18730203-name-28" type="given" value="ROBERT"/>ROBERT HILLTER</persName> </hi> (
<hi rend="italic">re-examined</hi>). I never authorised the prisoner to write out this invoice—nothing was said about my having the goods on approval—he said, "I will give you a credit note;" and he wrote that, and left it in my shop, and I gave it to the constable when he came.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-29" type="witnessName">
<interp inst="t18730203-name-29" type="gender" value="male"/>
<interp inst="t18730203-name-29" type="surname" value="DAVIS"/>
<interp inst="t18730203-name-29" type="given" value="JOSEPH"/>JOSEPH DAVIS</persName> </hi>. I went to Pewtress's on 3rd December, and saw some waterproof tweeds—I had not had any dealing with the prisoner for that cloth on 29th November—I had not agreed to buy it at 1
<hi rend="italic">s</hi>. 6 3/4
<hi rend="italic">d</hi>.—I had agreed to buy a cloth which he brought a pattern of, but when I compared it with the cloth at Pewtress's, not being the same, I rejected it—the cloth I purchased from him was two or three days before 3rd December—I com
<lb/>pared it at Pewtress's on 3rd December; the pattern was brought to me previously—I made an agreement to buy it if it was equal to sample, but it was not, it was too bad—I did not on the 29th November tell him they were too good for me.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I had never had any transaction with him before—I had seen him before—he first came to me about this matter some four days before I saw the cloth; about 28th or 29th November—I think I was to pay 1
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>.—he said he was selling them as a job on commission—he did not say where they had come from—he did not mention Mr. Brayshaw's name.</p>
<p>
<hi rend="italic">The prisoner</hi> (
<hi rend="italic">at</hi>
<hi rend="smallCaps">MR. STRAIGHT'S</hi>
<hi rend="italic">request</hi>)
<hi rend="italic">addressed the Jury in his own behalf. After stating that the prosecutor was mixed up in some transaction with a man named Carden, who was charged at the Mansion House with fraud, he proceeded to explain thatt as to the cloth in question, the prosecutor had agreed to sell it to him, upon hit paying him a percentage; that he afterwards offered him a commission of</hi> 1
<hi rend="italic">d</hi>.
<hi rend="italic">per yard, which he refused, and he saw no more of him for twelve days, when he met him, and at hit request agreed to try and sell the goods; that after Davit refuted to purchase them he met a man named Bernard, who had been in Mr. Hillyer's employment, and through him nego
<lb/>tiated the sale to Hillyer, the prosecutor agreeing to take</hi> 3 1/2
<hi rend="italic">per cent, off cash on whatever terms he had to give with the goods; that the goods were measured and sold to Hillyer on approbation; that Hillyer paid him</hi> 5
<hi rend="italic">l</hi>.
<hi rend="italic">on account, which he returned when he refused to accept the goods; and that, on Hillyer refusing to buy, he wrote to the prosecutor stating that the matter mutt stand over, that he would call at the end of a month and pay him for the goods, in the meantime leaving them with Rosenberg, hit uncle, for whom he often trant
<lb/>acted business; that about four days afterwards he tent hit coat to be repaired, and then, not being able to find the documents, without which he had no safe
<lb/>guard against anything Mr. Stephenson might say, he was reluctantly persuaded by his friends to keep out of the way.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-30" type="witnessName">
<interp inst="t18730203-name-30" type="gender" value="male"/>
<interp inst="t18730203-name-30" type="surname" value="GRAVES"/>
<interp inst="t18730203-name-30" type="given" value="CHARLES"/>CHARLES GRAVES</persName> </hi> (
<hi rend="italic">re-examined</hi>). I did not hear Mrs. Hillyer say that Mr. Hillyer had left word that the goods were to be measured—one piece way opened on the counter and you said there was no occasion to measure</p>
<xptr type="pageFacsimile" doc="187302030010"/>
<p>them, that they had already been measured—I think you opened the piece; no, it was a party there; I don't know who he was; it was a tall man—I did not see that same tall man come to look at the goods at Boutland's the same morning; nobody called—I was there that morning, and nobody came to look at the goods.</p>
<p>
<hi rend="italic">The following Witnesses were called for the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-31" type="witnessName">
<interp inst="t18730203-name-31" type="gender" value="male"/>
<interp inst="t18730203-name-31" type="surname" value="BRAND"/>
<interp inst="t18730203-name-31" type="given" value="MORRIS"/>MORRIS BRAND</persName> </hi>. My father is a tailor, at 40, Cable Street—some time ago the prisoner brought a coat to my father to mend—I saw him in the shop at the time—I think it was about five or six weeks ago—I did not find anything in the coat—my father showed me a piece of paper—I believe this to be it (
<hi rend="italic">the torn invoice</hi>)—the piece was not torn off then—there was some writing on the piece that is now torn off; I remember what it was—I am almost sure this is the paper I saw—I don't know what became of it after my father showed it to me—he kept it—he is not here—he was not bound over the second time—he was here last time—he is in the country, or he would have been here—it was a whole paper when I saw it; the corner has been torn off since—I don't know when it was torn off, my father carried it about in his pocket, and I believe it got wrinkled and torn—the name of "A. Richardson" was written on the corner—I don't know the hand
<lb/>writing—I don't know the prisoner's handwriting—my father showed me the paper, and asked me what it was—he cannot read—I can read pretty middling and write; I can write my name and a letter—I did not compare the letter with the rest of the document.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I have never been a witness before—this is the first time I have been examined on this matter—I know the prisoner so far that I used to go to school with him at one time—I know his uncle, Mr. Rosenberg, and his aunt—I have seen his uncle here—they did not come to me to ask me to be a witness at Worship Street for the prisoner—I don't know whether we had ever had a coat to mend for the prisoner before—we don't keep, books—my father was at the Police Court—he has been called away into the country on urgent business—I can't swear to the time when I first saw this paper—I can't tell whether it was in November—I can't tell how long it was before Christmas—the coat was in the Court last time—I don't know where it is now, we have had no notice to bring it—I knew that Mr. Rosenberg was in custody—I don't know the time—I saw the paper some time after he was in custody—I can't tell you when it was I saw it—I know it was at the Police Court on Saturday; I did not take down the date—I did not go to the Police Court about Rosenberg—I should think it was two or three weeks before I went to the Police Court that I saw the paper—I looked at what it meant and what it said, and handed it back to my father, and took no more notice of it—nobody told me that it was of importance I should come and say what was on the paper—nobody asked me to go to the Police Court—I did not know that my father was going—the papers were shown to me at the Police Court—I did not know that I went there to see them, or that I was to be a witness to explain what was on the paper—I did not know that there was any importance in the matter—I have not said a word to Mr. or Mrs. Rosenberg about it; I don't know whether my father has.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-32" type="witnessName">
<interp inst="t18730203-name-32" type="gender" value="female"/>
<interp inst="t18730203-name-32" type="surname" value="SCHEINBERG"/>
<interp inst="t18730203-name-32" type="given" value="MATILDA"/>MATILDA SCHEINBERG</persName> </hi>. I have seen this piece of paper before, but there was not the name out; it was whole—it was shown to me about a month ago by Mr. Nathan Brand, the father of the last witness—he brought it over to our house, to show my father—he can't read, and father can't read</p>
<xptr type="pageFacsimile" doc="187302030011"/>
<p>—I generally read father's bills, and I was called down to read this, and I read it to them—it was not torn like this then—the name of Richardson was written on the place where it is torn—it looked the same handwriting as the other part of the paper; it looked to me all the same.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I was not examined at the Police Court; I was there last time, but they did not call me—I was not at Worship Street—I know Mrs. Rosenberg; she is a neighbour of ours—I knew that Mr. Rosenberg was in custody—it was after that that I saw that paper—I did not tell Mrs. Rosenberg of it, or anybody—Mr. Rosenberg is here to-day; Mrs. Rosenberg is not—I was called just to read it to Mr. Brand—it was in father's warehouse, on a Sunday evening—I don't exactly know the time—it was not before the prisoner was taken into custody; I think it was after; it was some time the beginning of January—I don't remember whether it was the first Sunday in January; it was something about the first week in January—it was the first Sunday in January, I know—it was after Rosen
<lb/>berg was in custody.</p>
<p>
<hi rend="smallCaps">H. R. STEPHENSON</hi> (
<hi rend="italic">re-examined by</hi>
<hi rend="smallCaps">MR. BESLEY</hi>). I lent a man named Carden a small sum of money nine or ten months since—I was not involved with him in any criminal charge—there is no truth whatever in the prisoner's assertion that he was to be the purchaser of the goods, and that we were to divide the profits—there was never anything said but that he was to sell them on commission, at 1
<hi rend="italic">d</hi>. a yard—Walters, my clerk, heard almost everything that was said, because he was almost always in the office—there was no talk about 3 1/2 per cent., or that if he had to give terms I was to give terms to him—he was never my debtor in any shape or way—it is not true that, when I talked about 1
<hi rend="italic">d</hi>. a yard commission, he said he would have nothing more to do with the matter—I never sent the things to Pewtress's for him on his own account—I never made out an invoice with his name to it—I did not receive any letter from him three or four days after the goods had been stolen.</p>
<p>
<hi rend="italic">Prisoner Q.</hi> You say you are a cloth merchant; how many transactions in cloth have you had in the last six months?
<hi rend="italic">A.</hi> I could not tell you that, I should have to get my books—I don't do much in cloth; I buy at certain times of the year—I suppose a merchant is a person who buys and sells—I lend money, and I discount bills—I lend money to a good many persons, to ten or twelve different businesses that are carried on—I missed the invoice on 29th November—when I went back to my office I looked for it to tear it up, as the whole transaction was over, and I could not find it, and when I found that the goods were stolen, I immediately thought the invoice had been taken for a purpose—I did not suspect anything when you told me Davis would not have the goods; I simply thought he had refused to take them—if I had suspected anything I should not have let you try to sell them again—I never saw Brayshaw till he brought the goods—he never came to me but once.</p>
<p>
<hi rend="italic">Several witnesses deposed to the Prisoner's good character, but some of them admitted that he had been previously charged before a Magistrate.</hi> </p>
<p>
<hi rend="italic">Prisoner.</hi> I admit that I have been before a Magistrate twice. In one matter I recovered 10
<hi rend="italic">l</hi>. for false imprisonment; and the second, it occurred through a party where I was employed, in Aldermanbury. A sample of goods was sent in; my employer had to go out of town, and the party took proceedings against me; but the matter was explained before the Magistrate, and was over in two or three minutes, and I afterwards had an apology from the man I have never been tried, or committed for trial.</p>
<p>
<hi rend="smallCaps">
<rs id="t18730203-156-verdict-1" type="verdictDescription">
<interp inst="t18730203-156-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18730203-156-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18730203-156-punishment-1" type="punishmentDescription">
<interp inst="t18730203-156-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t18730203-156-punishment-1" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-156-18730203 t18730203-156-punishment-1"/>Eighteen Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18730203-157">
<interp inst="t18730203-157" type="uri" value="sessionsPapers/18730203"/>
<interp inst="t18730203-157" type="date" value="18730203"/>
<join result="criminalCharge" id="t18730203-157-charge-1" targOrder="Y" targets="def1-157-18730203 t18730203-157-offence-1 t18730203-157-verdict-1"/>
<xptr type="pageFacsimile" doc="187302030012"/>
<p>157.
<persName id="def1-157-18730203" type="defendantName">
<interp inst="def1-157-18730203" type="gender" value="male"/>
<interp inst="def1-157-18730203" type="age" value="16"/>
<interp inst="def1-157-18730203" type="surname" value="WELLS"/>
<interp inst="def1-157-18730203" type="given" value="HENRY"/>
<interp inst="def1-157-18730203" type="occupation" value="lance-corporal of telegraph boys"/>
<hi rend="largeCaps">HENRY WELLS</hi> (16)</persName>
<rs id="t18730203-157-offence-1" type="offenceDescription">
<interp inst="t18730203-157-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18730203-157-offence-1" type="offenceSubcategory" value="mail"/>, Stealing four post letters, the property of
<persName id="t18730203-name-34" type="victimName">
<interp inst="t18730203-name-34" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18730203-157-offence-1 t18730203-name-34"/>Her Majesty's Postmaster-General</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. METCALFE</hi>, Q.C.,
<hi rend="italic">and</hi>
<hi rend="smallCaps">SLADE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-35" type="witnessName">
<interp inst="t18730203-name-35" type="gender" value="male"/>
<interp inst="t18730203-name-35" type="surname" value="HUCKETT"/>
<interp inst="t18730203-name-35" type="given" value="ALFRED WILLIAM"/>ALFRED WILLIAM HUCKETT</persName> </hi>. I am a publisher at 173, Fleet Street—on 14th January I had occasion to send some things wrapped up in wrappers by the post—one was addressed to J. A. Matthews, King's Hospital, Dublin, and contained a panorama of the Thames—there was also one addressed to Mr. S. Hathaway, Mr. C. Savage's, Watson's Buildings, Soot Hill, Batley, York, that contained a printed journal, called "Poor Ray"—there was one addressed, Mr. C. J. White, The Nursery, High Street, West Bromwich, containing, a boy's pantomime, "The Giant of the Black Mountain," and another to Master J. Guest, Springfield Villa, Sandwell Road, West Bromwich, which contained a boy's play, called "Rolland, the Pirate"—they were all stamped with the usual adhesive stamps—I tied them up with a quantity of parcels, and sent them to the post by my boy—each paper was wrapped round, and securely fastened—these (
<hi rend="italic">produced</hi>) are the four things which were enclosed, and which I have mentioned.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-36" type="witnessName">
<interp inst="t18730203-name-36" type="gender" value="male"/>
<interp inst="t18730203-name-36" type="surname" value="HORTON"/>
<interp inst="t18730203-name-36" type="given" value="ALFRED"/>ALFRED HORTON</persName> </hi>. On 14th January I received a package of papers from my master, which I took to the Temple Bar Post Office about 6. 55 in the evening; I put them on the floor near the country bag with a large quantity of other papers.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-37" type="witnessName">
<interp inst="t18730203-name-37" type="gender" value="female"/>
<interp inst="t18730203-name-37" type="surname" value="SHAPLAND"/>
<interp inst="t18730203-name-37" type="given" value="ELIZABETH"/>ELIZABETH SHAPLAND</persName> </hi>. I am the clerk in charge of the Temple Bar Post Office—the prisoner was employed in that office as a lance-corporal of the telegraph boys—there was a bag kept in the office where packets were placed, and when the bag was full they were placed near it—it was the duty of the letter-collector to take them up when he came at 9 o'clock—they should remain there till he came—it was the prisoner's duty to deliver the bag to the collector—on the evening of 14th January I left the office about 8. 10, leaving the prisoner there in charge—he let me out—I returned at 8. 50—the bag would be made up at 9 o'clock—directly I returned I sent the prisoner away and examined the contents of the bag, and, in cones
<lb/>quence of what I saw there, I called him down again—I said "Corporal, I find there are some stamps missing from this packet, just turn out your pockets"—he did so—he had these five addressed wrappers in his pocket; he pulled them out—I asked him how he came by them—he said his father gave them to him to procure books and enclose them—I asked him if his father would endorse that statement, and he said "Yes"—I then took him down to the General Post Office, and explained it to the overseer, whom I saw there, and left the prisoner in his charge—I returned to the branch office—there are lockers in the office—I had one of the lockers opened by a boy whom I called from the room up stairs, and the next morning I saw a key fitted to that locker, which it opened—there was also a key which opened a tin box inside the locker—I saw portions of the wrappers in the grate partly burnt—there was a fire in the room.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-38" type="witnessName">
<interp inst="t18730203-name-38" type="gender" value="male"/>
<interp inst="t18730203-name-38" type="surname" value="MOORE"/>
<interp inst="t18730203-name-38" type="given" value="MATTHEW"/>MATTHEW MOORE</persName> </hi>. I am a constable attached to the Post Office—on 14th January I was sent for to the Post Office, about 12.30 at night—I saw the prisoner there and took him in charge—I saw these wrappers there—I asked him where he got them from—he said they were given to him by his father to enclose some works which he was to get and send to customers in the country—he afterwards asked for a pen and ink, and wrote down the this statement—"Sir, I beg to state that all I have said concerning the way</p>
<xptr type="pageFacsimile" doc="187302030013"/>
<p>these papers came into my possession is false. The following is the whole truth of the matter: these papers containing sundry books, & c, were lying on the office floor. I took them up to examine the contents, and tore the the wrappers in doing so; I had no intention at the time of keeping them, but, having torn the corners, I was debating how to replace them, when the C. in C. [clerk in charge] rang the door-bell, and I crammed the covers in my pocket to escape oberservation. However she asked me whether I had any objection to turn out my pockets; I complied with her request, and the result was she found them on me. The contents are in my looker, in the office just as I tore the papers off. Father has nothing at all to do with the matter. This is the first time I ever stole any thing, and I am extremely sorry that it should happen now.—I remain, yours obediently, Henry Wells."—I found a pencil and a bunch of keys on him—he said they belonged to his locker at the office—I opened the locker and the tin box which was inside with those keys the next morning.</p>
<p>
<hi rend="italic">Prisoner's Statement before the Magistrate.</hi> "I beg to state that I took the parcels from out the bundle lying on the floor; in endeavouring to get them out I tore the wrappers. I was attracted by a picture in the inside which I wished to look at. I carried them down into the kitchen to endeavour to refasten them, but before I had time to do so, there was a ring at the bell. I went up stairs, putting the wrappers in my pocket the same time, and found Miss Shapland was at the door. I remained in the office in case she should wish me to get anything, when she said 'You can go up stairs as I have a letter to write. I went up stairs, but was summoned down the next moment by a ring at the door, which I opened, and as I was about going up stairs again, Miss Shapland called me to her and showed me the two packets from which the stamps had been removed, asking me at the same time if I had any objection to turn my pockets out. I complied with her request, and produced the five parcel wrappers. Upon Miss Shapland en
<lb/>quiring where I obtained these, I replied that my father gave them to me with instructions to procure books, and send to their addresses. I have nothing further to say except what I said in my former statement."</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I beg to state when I took them I did not take them with the intention of keeping them. I intended to forward them on. My former character has been very good.</p>
<p>
<hi rend="smallCaps">A. W. HUCKETT</hi> (
<hi rend="italic">re-called</hi>). The packets were opened at the end, and you could see they were pictures, or something of that kind.</p>
<p>
<hi rend="smallCaps">
<rs id="t18730203-157-verdict-1" type="verdictDescription">
<interp inst="t18730203-157-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18730203-157-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18730203-158">
<interp inst="t18730203-158" type="uri" value="sessionsPapers/18730203"/>
<interp inst="t18730203-158" type="date" value="18730203"/>
<join result="criminalCharge" id="t18730203-158-charge-1" targOrder="Y" targets="def1-158-18730203 t18730203-158-offence-1 t18730203-158-verdict-1"/>
<p>158.
<persName id="def1-158-18730203" type="defendantName">
<interp inst="def1-158-18730203" type="gender" value="male"/>
<interp inst="def1-158-18730203" type="age" value="48"/>
<interp inst="def1-158-18730203" type="surname" value="MOLE"/>
<interp inst="def1-158-18730203" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN MOLE</hi> (48)</persName>,
<hi rend="smallCaps">
<rs id="t18730203-158-verdict-1" type="verdictDescription">
<interp inst="t18730203-158-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18730203-158-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18730203-158-offence-1" type="offenceDescription">
<interp inst="t18730203-158-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18730203-158-offence-1" type="offenceSubcategory" value="bigamy"/> to feloniously marrying
<persName id="t18730203-name-40" type="victimName">
<interp inst="t18730203-name-40" type="gender" value="female"/>
<interp inst="t18730203-name-40" type="surname" value="ROBINSON"/>
<interp inst="t18730203-name-40" type="given" value="MARGRETTA BRANDON"/>
<join result="offenceVictim" targOrder="Y" targets="t18730203-158-offence-1 t18730203-name-40"/>Mar
<lb/>gretta Brandon Robinson</persName>, his wife being alive.—</rs>
<hi rend="italic">
<rs id="t18730203-158-punishment-2" type="punishmentDescription">
<interp inst="t18730203-158-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18730203-158-punishment-2" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-158-18730203 t18730203-158-punishment-2"/>One Month's Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18730203-159">
<interp inst="t18730203-159" type="uri" value="sessionsPapers/18730203"/>
<interp inst="t18730203-159" type="date" value="18730203"/>
<join result="criminalCharge" id="t18730203-159-charge-1" targOrder="Y" targets="def1-159-18730203 t18730203-159-offence-1 t18730203-159-verdict-1"/>
<p>159.
<persName id="def1-159-18730203" type="defendantName">
<interp inst="def1-159-18730203" type="gender" value="male"/>
<interp inst="def1-159-18730203" type="age" value="25"/>
<interp inst="def1-159-18730203" type="surname" value="PATTERSON"/>
<interp inst="def1-159-18730203" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM PATTERSON</hi> (25)</persName>
<rs id="t18730203-159-verdict-1" type="verdictDescription">
<interp inst="t18730203-159-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18730203-159-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs>
<rs id="t18730203-159-offence-1" type="offenceDescription">
<interp inst="t18730203-159-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18730203-159-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, to three indictments for stealing a tap of
<persName id="t18730203-name-42" type="victimName">
<interp inst="t18730203-name-42" type="gender" value="male"/>
<interp inst="t18730203-name-42" type="surname" value="MINETT"/>
<interp inst="t18730203-name-42" type="given" value="ALPHANUS FREDERICK"/>
<join result="offenceVictim" targOrder="Y" targets="t18730203-159-offence-1 t18730203-name-42"/>Alphanus Frederick Minett</persName>, six feet of lead pipe of
<persName id="t18730203-name-43" type="victimName">
<interp inst="t18730203-name-43" type="gender" value="male"/>
<interp inst="t18730203-name-43" type="surname" value="STACY"/>
<interp inst="t18730203-name-43" type="given" value="SAMUEL"/>
<join result="offenceVictim" targOrder="Y" targets="t18730203-159-offence-1 t18730203-name-43"/>Samuel Stacy</persName>, and one chandelier and other articles, being fixed to buildings, and also to having been before convicted in June, 1866.—</rs>
<rs id="t18730203-159-punishment-3" type="punishmentDescription">
<interp inst="t18730203-159-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18730203-159-punishment-3" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-159-18730203 t18730203-159-punishment-3"/>
<hi rend="italic">Two Years' Imprison
<lb/>ment.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18730203-160">
<interp inst="t18730203-160" type="uri" value="sessionsPapers/18730203"/>
<interp inst="t18730203-160" type="date" value="18730203"/>
<join result="criminalCharge" id="t18730203-160-charge-1" targOrder="Y" targets="def1-160-18730203 t18730203-160-offence-1 t18730203-160-verdict-1"/>
<p>160. And
<persName id="def1-160-18730203" type="defendantName">
<interp inst="def1-160-18730203" type="gender" value="male"/>
<interp inst="def1-160-18730203" type="age" value="15"/>
<interp inst="def1-160-18730203" type="surname" value="SEAWARD"/>
<interp inst="def1-160-18730203" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE SEAWARD</hi> (15)</persName>
<rs id="t18730203-160-offence-1" type="offenceDescription">
<interp inst="t18730203-160-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18730203-160-offence-1" type="offenceSubcategory" value="mail"/>, to stealing a post-letter, containing forty photographs, the property of
<persName id="t18730203-name-45" type="victimName">
<interp inst="t18730203-name-45" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18730203-160-offence-1 t18730203-name-45"/>Her Majesty's Postmaster
<lb/>General.</persName></rs>
<rs id="t18730203-160-verdict-1" type="verdictDescription">
<interp inst="t18730203-160-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18730203-160-verdict-1" type="verdictSubcategory" value="no_subcategory"/>[Pleaded guilty: see original trial image]</rs>
<rs id="t18730203-160-punishment-4" type="punishmentDescription">
<interp inst="t18730203-160-punishment-4" type="punishmentCategory" value="noPunish"/>
<interp inst="t18730203-160-punishment-4" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-160-18730203 t18730203-160-punishment-4"/>
<hi rend="italic">Judgment Respited.</hi> </rs> </p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, February</hi> 3
<hi rend="italic">rd</hi>, 1873.</p>
<p>
<hi rend="italic">Before
<persName id="t18730203-name-46" type="judiciaryName">
<interp inst="t18730203-name-46" type="gender" value="male"/>
<interp inst="t18730203-name-46" type="surname" value="KERR"/>
<interp inst="t18730203-name-46" type="given" value="ROBERT MALCOLM"/>Robert Malcolm Kerr</persName>, Esq.</hi> </p>
<div1 type="trialAccount" id="t18730203-161">
<interp inst="t18730203-161" type="uri" value="sessionsPapers/18730203"/>
<interp inst="t18730203-161" type="date" value="18730203"/>
<join result="criminalCharge" id="t18730203-161-charge-1" targOrder="Y" targets="def1-161-18730203 t18730203-161-offence-1 t18730203-161-verdict-1"/>
<join result="criminalCharge" id="t18730203-161-charge-2" targOrder="Y" targets="def2-161-18730203 t18730203-161-offence-1 t18730203-161-verdict-1"/>
<p>161.
<persName id="def1-161-18730203" type="defendantName">
<interp inst="def1-161-18730203" type="gender" value="male"/>
<interp inst="def1-161-18730203" type="age" value="46"/>
<interp inst="def1-161-18730203" type="surname" value="LESTER"/>
<interp inst="def1-161-18730203" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN LESTER</hi> (46)</persName>, and
<persName id="def2-161-18730203" type="defendantName">
<interp inst="def2-161-18730203" type="gender" value="female"/>
<interp inst="def2-161-18730203" type="age" value="29"/>
<interp inst="def2-161-18730203" type="surname" value="ROGERS"/>
<interp inst="def2-161-18730203" type="given" value="ELIZABETH"/>
<hi rend="largeCaps">ELIZABETH ROGERS</hi> (29)</persName>
<rs id="t18730203-161-offence-1" type="offenceDescription">
<interp inst="t18730203-161-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18730203-161-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully, having counterfeit coin in their possession, with intent to utter it.</rs> </p>
<xptr type="pageFacsimile" doc="187302030014"/>
<p>
<hi rend="smallCaps">MESSRS. CRAUFURD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">COLERIDGE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-49" type="witnessName">
<interp inst="t18730203-name-49" type="gender" value="male"/>
<interp inst="t18730203-name-49" type="surname" value="BRANNAN"/>
<interp inst="t18730203-name-49" type="given" value="JAMES"/>JAMES BRANNAN</persName> </hi>. I am
<hi rend="italic">agent</hi> to the Solicitor to the Treasury in Mint prosecutions—on Tuesday evening, 21st January, I went to Greek Street, Soho, with Inspectors Branmui, Kenwood, Hincs, and Other officers—I went into the George and Dragon public-house, and saw the prisoner there with another prisoner—Kenwood said to me "This man has put something from his hand into this female's cloak-pocket, and she has dropped it"—I said "Pick it up and pass it over," and he handed to me two paper packets, one of which I opened, and found ten counterfeit florins with printed paper between them in the way in which bad money is generally wrapped—I afterwards examined the other paper, which also contained money—this is it—(
<hi rend="italic">produced</hi>)—I said to Lester "Well,
<hi rend="italic">Harry</hi>, here we are again"—he made no reply—while I was addressing him, Rogers was fumbling at her right-hand dress pocket—I said to Kenwood "Has this woman been searched?"—Rogers said "I shall not be searched here, I shall be searched by a female"—I said "Turn your pockets inside out then"—she did so, and in pulling out her handkerchief, this small paper packet dropped on the floor; she put her left foot on it; I told her to remove her foot, and in doing so she pulled the packet with it—Kenwood removed her foot by force, and I picked it up—it contained three counterfeit florins with paper between them, and a bad shilling separately wrapped up.</p>
<p>
<hi rend="smallCaps">LESTER</hi>.
<hi rend="italic">Q.</hi> Did not you say on the first examination that you found twenty florins on the female, and three florins and two shillings under her feet?
<hi rend="italic">A.</hi> No.—I found nothing on her—I think I was the third officer to go in—I spoke to Robinson first—you were as close as you could stand to Rogers—I did not see you drop anything into her pocket.</p>
<p>
<hi rend="italic">Re-examined.</hi> Robinson said "I merely came in to the house to have a glass of ale; I know nothing whatever about these persons."</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-50" type="witnessName">
<interp inst="t18730203-name-50" type="gender" value="male"/>
<interp inst="t18730203-name-50" type="surname" value="KENWOOD"/>
<interp inst="t18730203-name-50" type="given" value="RICHARD"/>RICHARD KENWOOD</persName> </hi> (
<hi rend="italic">Detective Officer G</hi>). I stood with a sergeant in Greek Street, and at twenty-five minutes past 7 saw the prisoners and Robin
<lb/>son walking together—I went to the George and Dragon, and gave a signal to Sergeant Brannan, who fetched the other officers—I looked through the door, and saw the prisoners standing in the George and Dragon—I was the first to go in, and saw Lester place a paper packet in Rogers' left-hand cloak pocket—I said "There is something put in the woman's pocket"—I caught hold of her, and she dropped a packet on the ground—I took another packet from her pocket—they each contained ten florins lapped in paper—I handed them to Mr. Brannan, who said they were bad—Robinson said that he only came in accidentally to have a glass of ale, and knew nothing of the others—I told him he did, for I saw them all come in together—the woman was very fidgetty, and Brannan asked her if she had been searched, and told her to take her pocket out; she did so, and a parcel dropped on the ground—she put her foot on it, and drew it away—I pulled her foot away, and Brannan picked up the packet, which contained silver coin—she had some shillings on her, one of which turned out to be bad.</p>
<p>
<hi rend="italic">Lester. Q.</hi> Was I smoking a long pipe?
<hi rend="italic">A.</hi> I don't believe you had a pipe, certainly not in your right hand, for I saw you put the packet into Rogers' pocket with your right hand.</p>
<p>
<hi rend="italic">Rogers. Q.</hi> There was 1
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. in my pocket, and only 7
<hi rend="italic">s</hi>. has been accounted for; did not I ask the publican what sort of a man came in with me?
<hi rend="italic">A.</hi> No.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-51" type="witnessName">
<interp inst="t18730203-name-51" type="gender" value="male"/>
<interp inst="t18730203-name-51" type="surname" value="WEBSTER"/>
<interp inst="t18730203-name-51" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. I am inspector of coin to Her Majesty's Mint—these</p>
<xptr type="pageFacsimile" doc="187302030015"/>
<p>twenty florins in these two packets are bad—this paper contains three florins, which are also bad—this shilling is good.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-52" type="witnessName">
<interp inst="t18730203-name-52" type="gender" value="male"/>
<interp inst="t18730203-name-52" type="surname" value="BROWN"/>
<interp inst="t18730203-name-52" type="given" value="HENRY"/>HENRY BROWN</persName> </hi> (
<hi rend="italic">Policeman, called by the prisoner Lester</hi>). When I first went in I went direct to you and seized the three of you—I tried to secure the three—you had something in your hand just passing to Rogers—you had a short pipe in your right hand, but it was out—I did not notice a paper of tobacco in your hand—I searched you—there was a half screw on the tub—it was not in your hand with the pipe—you passed something across your chest to Rogers, and you all three struggled—you were all three round a rum puncheon—it is a small bar—I was in front of the puncheon, and you were behind it—I reached over and seized you—this all took place in a second—when I entered the house you handed something to Rogers.</p>
<p>
<hi rend="italic">Lester's Defence.</hi> The police rushed in like lightning, and it was impossible for me to drop anything out of my hand. I had a pipe in my band, and he said "Put your pipe down. "Is it possible that these men who were searching the woman could see what I did?</p>
<p>
<hi rend="italic">Rogers' Defence.</hi> Gentlemen, if anybody put anything into your pocket and you knew it was wrong, would not you pretty soon take it out and throw it on the floor? Of course any one would.</p>
<p>
<hi rend="smallCaps">
<rs id="t18730203-161-verdict-1" type="verdictDescription">
<interp inst="t18730203-161-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18730203-161-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<p>
<hi rend="italic">They were both charged with previous convictions, Lester in July</hi>, 1871,
<hi rend="italic">and Rogers in June</hi>, 1870,
<hi rend="italic">to which they</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>.</p>
<p>(
<hi rend="italic">See next case.</hi>)</p> </div1>
<div1 type="trialAccount" id="t18730203-162">
<interp inst="t18730203-162" type="uri" value="sessionsPapers/18730203"/>
<interp inst="t18730203-162" type="date" value="18730203"/>
<join result="criminalCharge" id="t18730203-162-charge-1" targOrder="Y" targets="def1-162-18730203 t18730203-162-offence-1 t18730203-162-verdict-3"/>
<join result="criminalCharge" id="t18730203-162-charge-2" targOrder="Y" targets="def2-162-18730203 t18730203-162-offence-1 t18730203-162-verdict-2"/>
<join result="criminalCharge" id="t18730203-162-charge-3" targOrder="Y" targets="def3-162-18730203 t18730203-162-offence-1 t18730203-162-verdict-1"/>
<p>162.
<persName id="def1-162-18730203" type="defendantName">
<interp inst="def1-162-18730203" type="gender" value="male"/>
<interp inst="def1-162-18730203" type="age" value="46"/>
<interp inst="def1-162-18730203" type="surname" value="LESTER"/>
<interp inst="def1-162-18730203" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN LESTER</hi> </persName> and
<persName id="def2-162-18730203" type="defendantName">
<interp inst="def2-162-18730203" type="gender" value="female"/>
<interp inst="def2-162-18730203" type="age" value="29"/>
<interp inst="def2-162-18730203" type="surname" value="ROGERS"/>
<interp inst="def2-162-18730203" type="given" value="ELIZABETH"/>
<hi rend="largeCaps">ELIZABETH ROGERS</hi> </persName> were
<hi rend="italic">again</hi> indicted, with
<persName id="def3-162-18730203" type="defendantName">
<interp inst="def3-162-18730203" type="gender" value="male"/>
<interp inst="def3-162-18730203" type="age" value="35"/>
<interp inst="def3-162-18730203" type="surname" value="ROBINSON"/>
<interp inst="def3-162-18730203" type="given" value="ALFRED"/>
<hi rend="largeCaps">ALFRED ROBINSON</hi> (35)</persName>
<rs id="t18730203-162-offence-1" type="offenceDescription">
<interp inst="t18730203-162-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18730203-162-offence-1" type="offenceSubcategory" value="coiningOffences"/>, for feloniously having in their possession a mould for coining.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-56" type="witnessName">
<interp inst="t18730203-name-56" type="gender" value="male"/>
<interp inst="t18730203-name-56" type="surname" value="BRANNAN"/>
<interp inst="t18730203-name-56" type="given" value="JAMES"/>JAMBS BRANNAN</persName> </hi>
<hi rend="italic">repeated his former evidence and added:.</hi>—When the ten florins were found I said, "Well, Mr. Robinson, these are bad, you will have to account for the possession of them"—he said "I have no idea who these parties are, I came in to have a glass of ale"—I saw him searched and a quantity of good silver found on him, from which I picked out this florin (
<hi rend="italic">produced</hi>), which was discoloured as if it had been in plaister—I said to Inspector Bryant, "This has been in plaister, I believe this to be the pattern piece"—a door-key was also found on Robinson—Rogers Afterwards sent to me and said "I suppose you know who we had these of"—I said, "I believe
<hi rend="italic">Colonel Harry</hi> made them"—Lester goes by that name—she said "We have had them from
<hi rend="italic">Bill</hi> Hamilton, he is selling at the Grapes, on the Dials"—I said, "I dare say he will come some day; are you married to Robinson?"—she said, "Oh no, I lived with him some years ago; I have been in trouble once or twice, and we only met him there by accident"—I went to Robinson's cell, and said, "Robinson, I believe this to be the key of your room door, and I believe you live in Rathbone Place, and probably I shall know before I see you again"—he made no reply—on 22nd January I received from Kenwood and Hines a double mould for making florins, three double moulds for making shillings, two counterfeit florins, thirty-six counterfeit shillings Corresponding in date with those in the moulds, two galvanic batteries, two porous pots, four files, with metal in the teeth of some of them, a crucible with metal in it, two iron clams, an iron spoon, a Idle, some melted metal, and a glass with plaister-of-paris adhering to it—those are all things used in coining—I afterwards compared the florins with the moulds, and they tallied—here are twelve
<hi rend="italic">gets</hi>, which are the refuse metal poured into the mould—Mr. Webster, in my presence, compared the florins found on Rogers with the moulds, and they corresponded.</p>
<xptr type="pageFacsimile" doc="187302030016"/>
<p>
<hi rend="italic">Robinson. Q.</hi> Did you know me twonty-four hours before?
<hi rend="italic">A.</hi> Yea, six or seven years before by your dealings with counterfeit coin with a man named Reardon, who was sentenced to five years' penal servitude—I have known you going backwards and forwards to places where they sell counterfeit coin from fifty times to 100, and, perhaps, 200—I did not apprehend you through the careful manner in which you have conducted your business; you have employed other persons to carry the coin for you, and have lived on the frauds committed by them—I was present when you were convicted in 1868.</p>
<p>
<hi rend="italic">Robinson.</hi> That is false.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-57" type="witnessName">
<interp inst="t18730203-name-57" type="gender" value="male"/>
<interp inst="t18730203-name-57" type="surname" value="KENWOOD"/>
<interp inst="t18730203-name-57" type="given" value="RICHARD"/>RICHARD KENWOOD</persName> </hi>
<hi rend="italic">repeated hit former evidence, and added:</hi> Robinson said that he met these people by accident, and did not know them before—I saw this key found on Robinson which was handed to me, and I went with Hines next morning to 45, Upper Rathbone Place, and saw Mrs. Gay, the landlady—we went to the top room front, opened it with this key, and found all the articles which have been produced—there was a bed in the room.</p>
<p>
<hi rend="italic">Robinson. Q.</hi> Do you swear that there was not a sovereign in the purse belonging to this female?
<hi rend="italic">A.</hi> It was opened in the inspector's presence, and she never mentioned a word about the sovereign till the money was returned to her by order of the Magistrate—I do not know that there was a sovereign there—I know Henry Jones who was tried here last sessions and discharged (
<hi rend="italic">See page</hi> 117)—I did not see him negotiating with Mr. Brannan.</p>
<p>
<hi rend="italic">Rogers. Q.</hi> Had you been watching very long?
<hi rend="italic">A.</hi> Some days, in every portion of that street, and in the neighbourhood of Rathbone Place.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-58" type="witnessName">
<interp inst="t18730203-name-58" type="gender" value="male"/>
<interp inst="t18730203-name-58" type="surname" value="HINES"/>
<interp inst="t18730203-name-58" type="given" value="PHILIP"/>PHILIP HINES</persName> </hi> (
<hi rend="italic">Policeman</hi>). I took Robinson and searched him; I found this key and a purse containing 30
<hi rend="italic">s</hi>.—this memorandum book was taken from his hand in the public-house—I afterwards went with Kenwood to Rathbone Place.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-59" type="witnessName">
<interp inst="t18730203-name-59" type="gender" value="female"/>
<interp inst="t18730203-name-59" type="surname" value="GAT"/>
<interp inst="t18730203-name-59" type="given" value="LUCY SARAH"/>LUCY SARAH GAT</persName> </hi>. I am the wife of Obadiah Gay, of 45, Upper Rath
<lb/>bone Place—Robinson and Rogers have occupied my top front room for eighteen weeks at 3
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. a week—this is my rent book (
<hi rend="italic">produced</hi>)—Rogen mostly paid the rent—I do not know what Robinson is—I never saw Lester.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-60" type="witnessName">
<interp inst="t18730203-name-60" type="gender" value="male"/>
<interp inst="t18730203-name-60" type="surname" value="WEBSTER"/>
<interp inst="t18730203-name-60" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This is a double mould for making two florins—here is a florin in it of 1872, and a good florin which has been used for making this portion of the mould—here is a mould for a florin with a bad florin in it—here are twenty-three finished florins from this mould—this is a double mould for shillings, and here are ten shillings made from it—this shilling with a piece broken out of it is from the same mould as the others—here are two other moulds for shillings—here are seven bad shillings of 1869, four of 1853, and ten of 1871—the mould made from the pattern
<lb/>piece has not been used—here is everything necessary for coining.</p>
<p>
<hi rend="italic">Robinson's Defence.</hi> I was induced to have those things in my place by the very man who gave the information. This woman is my wife, but she has another name; it is very hard that she should be found guilty, because she was simply acting under my information.</p>
<p>
<hi rend="smallCaps">THE COURT</hi>
<hi rend="italic">considered that there was not sufficient evidence against Lester.</hi> </p>
<p>
<hi rend="largeCaps">ROBINSON</hi>
<hi rend="smallCaps">
<rs id="t18730203-162-verdict-1" type="verdictDescription">
<interp inst="t18730203-162-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18730203-162-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18730203-162-punishment-5" type="punishmentDescription">
<interp inst="t18730203-162-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18730203-162-punishment-5" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-162-18730203 t18730203-162-punishment-5"/>Fourteen Years' Penal Servitude.</rs> </hi> </p>
<p>
<hi rend="largeCaps">ROGERS</hi>
<rs id="t18730203-162-verdict-2" type="verdictDescription">
<interp inst="t18730203-162-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18730203-162-verdict-2" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi> </rs>.—
<hi rend="italic">
<rs id="t18730203-162-punishment-6" type="punishmentDescription">
<interp inst="t18730203-162-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18730203-162-punishment-6" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-162-18730203 t18730203-162-punishment-6"/>Two Years' Imprisonment</rs>. Sentence on</hi>
<hi rend="largeCaps">LESTER</hi>.—
<hi rend="italic">
<rs id="t18730203-162-punishment-7" type="punishmentDescription">
<interp inst="t18730203-162-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18730203-162-punishment-7" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-162-18730203 t18730203-162-punishment-7"/>Seven Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18730203-163">
<interp inst="t18730203-163" type="uri" value="sessionsPapers/18730203"/>
<interp inst="t18730203-163" type="date" value="18730203"/>
<join result="criminalCharge" id="t18730203-163-charge-1" targOrder="Y" targets="def1-163-18730203 t18730203-163-offence-1 t18730203-163-verdict-1"/>
<join result="criminalCharge" id="t18730203-163-charge-2" targOrder="Y" targets="def2-163-18730203 t18730203-163-offence-1 t18730203-163-verdict-2"/>
<xptr type="pageFacsimile" doc="187302030017"/>
<p>163.
<persName id="def1-163-18730203" type="defendantName">
<interp inst="def1-163-18730203" type="gender" value="male"/>
<interp inst="def1-163-18730203" type="age" value="26"/>
<interp inst="def1-163-18730203" type="surname" value="BAYES"/>
<interp inst="def1-163-18730203" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY BAYES</hi> (26)</persName>, and
<persName id="def2-163-18730203" type="defendantName">
<interp inst="def2-163-18730203" type="gender" value="female"/>
<interp inst="def2-163-18730203" type="age" value="23"/>
<interp inst="def2-163-18730203" type="surname" value="JOYCE"/>
<interp inst="def2-163-18730203" type="given" value="CATHERINE"/>
<hi rend="largeCaps">CATHERINE. JOYCE</hi> (23)</persName>
<rs id="t18730203-163-offence-1" type="offenceDescription">
<interp inst="t18730203-163-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18730203-163-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlaw
<lb/>fully uttering counterfeit coin.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. CRAUPURD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">COLERIDGE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-63" type="witnessName">
<interp inst="t18730203-name-63" type="gender" value="male"/>
<interp inst="t18730203-name-63" type="surname" value="CHAMBERLAIN"/>
<interp inst="t18730203-name-63" type="given" value="WILLIAM"/>WILLIAM CHAMBERLAIN</persName> </hi> (
<hi rend="italic">Detective Officer E</hi>). I am on duty in Oxford Street on 15th January, about 11. 15 at night—I saw Joyce outside the Oxford and Cambridge public-house, New Oxford Street, and the corner of Bury Place—I saw Bayes come out of the public-house—he joined Joyce, and they went to the corner of Bloomsbury Market—they stood talking for about a minute, and Bayes left Joyce and went into the Bull and Mouth public-house, in Hart Street—I went in at another door—he called for half-a-pint of stout and mild—he put down a florin—the barman (Disher) served him—I made a sign to him, and he put it on one side—Bayes then staggered as if he were drunk—he drank his beer, walked out, and I saw him run across the road, and he joined Joyce at the corner where he had left her—I saw him place his hands as if he passed something towards her hand—they walked through Bloomsbury Market into Oxford Street and Holborn, turned down Southampton Row to the Turk's Head public-house—they stood for about a minute or so outside, and then Bayes went Inside, leaving Joyce outside—I went in by another (door—I heard fives call for a glass of ale—the landlady served him—he laid down a florin she picked it up—I spoke to her but she did not take any notice—she give him the change from the till—she then came to me—I said, "I believe the piece of coin you just received is a bad one"—she went to the till, took a coin out, and said, "Give me my change back; I just gave you 1
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>. change, give it me back"—she said to me, "Yes, officer, this is a bad one"—I went and caught hold of him—when she said, "Give me back my change," he put his hand in his pocket and laid it down—he did not say a word—I said,
<hi rend="italic">"Fred</hi>, I shall take you in custody for passing counterfeit florins"—he said, "Oh! I dare say you know a lot about it"—the landlady passed the florin to me—I searched him, and found a half-crown and a 1
<hi rend="italic">d</hi>. on him—I pro
<lb/>duce the florin—two gentlemen detained him, and I went to Joyce, who was about 40 yards away—I said, "I shall take you into custody for being concerned with
<hi rend="italic">Fred</hi>, just gone in there, whom you left about two minutes ago, for passing a bad florin"—she said, "I have not passed any bad money"—I said, "If you have got any about you give it to me," and she gave me five sixpences, three shillings, which she had in her hand, and 11 1/2
<hi rend="italic">d</hi>. in copper, all good—I said, "You have something in your mouth, take it out and give it to me"—she put her hand to her mouth and took out If. 6
<hi rend="italic">d</hi>. new money, but good—I told her she would have to come to the public-house with me; she did so—I charged her with being concerned with the man—she was searched at the station—1
<hi rend="italic">d</hi>. was found on her; she had given up all her money except that—I have seen the two prisoners together many times—on going to the station Bayes said, "You are very clever, you have only got one case against me"—I said, "I believe I can make out three."</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-64" type="witnessName">
<interp inst="t18730203-name-64" type="gender" value="male"/>
<interp inst="t18730203-name-64" type="surname" value="DASHER"/>
<interp inst="t18730203-name-64" type="given" value="LEONARD"/>LEONARD DASHER</persName> </hi>. I am barman at the Bull and Mouth, Hart Street—about 11.30 on the night of 15th January I was serving in the bar—Bayes came in for half-a-pint of stout and mild, which was 1 1/2
<hi rend="italic">d</hi>.—he gave me a florin—I put it on one side by itself—I gave him 1
<hi rend="italic">s</hi>. 10 1/2
<hi rend="italic">d</hi>. change; 1
<hi rend="italic">s</hi>., 6
<hi rend="italic">d</hi>., and 4 1/2
<hi rend="italic">d</hi>.—soon after he left I found it was bad—when I saw Cham
<lb/>berlain at the door I had some suspicion, and tested the florin an marked it—I gave it to Chamberlain afterwards.</p>
<xptr type="pageFacsimile" doc="187302030018"/>
<p>
<hi rend="italic">Bayes.</hi> I gave him 1 1/2
<hi rend="italic">d</hi>. I am quite innocent of this one.</p>
<p>
<hi rend="italic">Joyce.</hi> I never went into any house with him.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-65" type="witnessName">
<interp inst="t18730203-name-65" type="gender" value="female"/>
<interp inst="t18730203-name-65" type="surname" value="BROWN"/>
<interp inst="t18730203-name-65" type="given" value="ELIZABETH"/>ELIZABETH BROWN</persName> </hi>. My husband keeps the Turk's Head public-house—about 11. 45, Bayes came in, and I served him with a glass of stout and bitter, which was 2
<hi rend="italic">d</hi>.—he gave me a florin, and I gave him 1
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. and a 4
<hi rend="italic">d</hi>. piece—I put the florin in the till—there was no other florin there—Chamberlain came in, and I looked at the florin, and found it was bad—I tried it; I said "It is a bad one"—I went to Bayes, and said to him "You have given me a bad florin; give me back the change that I gave you"—he said "What for?—I said "You have passed a bad florin"—he gave me back the change from his right-hand pocket—I broke a small piece out of the florin, which I kept, and gave the detective the large piece—I kept the small piece until I got to the station, and I then gave the remaining piece to the policeman.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-66" type="witnessName">
<interp inst="t18730203-name-66" type="gender" value="male"/>
<interp inst="t18730203-name-66" type="surname" value="WEBSTER"/>
<interp inst="t18730203-name-66" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are both bad florins.</p>
<p>
<hi rend="italic">Bayes' Defence.</hi> I only paid with one florin; I did not know that was bad. I paid 1 1/2
<hi rend="italic">d</hi>. for the glass of stout and mild.</p>
<p>
<hi rend="italic">Joyce's Defence.</hi> I ktow nothing about the other prisoner. I did not kuow he was passing bad money.</p>
<p>
<hi rend="largeCaps">BAYES</hi>
<hi rend="smallCaps">
<rs id="t18730203-163-verdict-1" type="verdictDescription">
<interp inst="t18730203-163-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18730203-163-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18730203-163-punishment-8" type="punishmentDescription">
<interp inst="t18730203-163-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18730203-163-punishment-8" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-163-18730203 t18730203-163-punishment-8"/>Two Years' Imprisonment.</rs> </hi> </p>
<p>
<hi rend="largeCaps">JOYCE</hi>
<hi rend="smallCaps">
<rs id="t18730203-163-verdict-2" type="verdictDescription">
<interp inst="t18730203-163-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18730203-163-verdict-2" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18730203-164">
<interp inst="t18730203-164" type="uri" value="sessionsPapers/18730203"/>
<interp inst="t18730203-164" type="date" value="18730203"/>
<join result="criminalCharge" id="t18730203-164-charge-1" targOrder="Y" targets="def1-164-18730203 t18730203-164-offence-1 t18730203-164-verdict-1"/>
<p>164.
<persName id="def1-164-18730203" type="defendantName">
<interp inst="def1-164-18730203" type="gender" value="female"/>
<interp inst="def1-164-18730203" type="age" value="22"/>
<interp inst="def1-164-18730203" type="surname" value="BOULDS"/>
<interp inst="def1-164-18730203" type="given" value="MARY"/>
<hi rend="largeCaps">MARY BOULDS</hi> (22)</persName>, was indicted
<rs id="t18730203-164-offence-1" type="offenceDescription">
<interp inst="t18730203-164-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18730203-164-offence-1" type="offenceSubcategory" value="coiningOffences"/> for unlawfully uttering coun
<lb/>terfeit coin.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. CRAUFURD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">COLERIDGE</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. MONTAGU WILLIAMS</hi>
<hi rend="italic">the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-68" type="witnessName">
<interp inst="t18730203-name-68" type="gender" value="male"/>
<interp inst="t18730203-name-68" type="surname" value="DAVIS"/>
<interp inst="t18730203-name-68" type="given" value="FRANCIS"/>FRANCIS DAVIS</persName> </hi>. I am a dyer, at 126, Long Acre—I also keep the post
<lb/>office—on 25th October the prisoner came in for 2
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>. in stamps, and gave me a florin and some halfpence—I saw the florin was bad, and told her so—she went out, and turned down the first street—I found a constable, and she was followed, and given in custody—I gave the florin to the constable.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-69" type="witnessName">
<interp inst="t18730203-name-69" type="gender" value="male"/>
<interp inst="t18730203-name-69" type="surname" value="SUIPTON"/>
<interp inst="t18730203-name-69" type="given" value="GEORGE"/>GEORGE SUIPTON</persName> </hi> (
<hi rend="italic">Policeman E</hi> 481). I took the prisoner on 25th October—she said that her husband had given her the florin to buy some stamps, to send to her brother at Bristol—she was taken to the station, inquiries were made, that was found correct, and she was discharged.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-70" type="witnessName">
<interp inst="t18730203-name-70" type="gender" value="male"/>
<interp inst="t18730203-name-70" type="surname" value="HURLEY"/>
<interp inst="t18730203-name-70" type="given" value="CHARLES"/>CHARLES HURLEY</persName> </hi>. I live at the Horse and Groom, Whitstore Park—on 13th January the prisoner came with another woman, who called for a pint of stout, and paid with a florin—I gave her the change—they drank together, and left together—I put the florin in the till; there was no other florin there—in about five minutes, when I lit the gas, I found it was bad—no one had been in in the meantime, and there was no one but me behind the bar—I put it in a cash-box with three bad ones, which I had taken previously—I did not mark it then—I afterwards gave the whole of those bad florins to a constable—on the 16th I saw the prisoner close to my house, with the same companion—the prisoner went in, and when I went in I saw the bar
<lb/>maid ringing a florin on the counter—I spoke to the barmaid, fetched a constable, and gave the prisoner in charge—I told the constable that she was in my house on the Monday, and passed a bad florin—she said nothing to that—I saw the constable take a florin from her hand.</p>
<p>
<hi rend="italic">Cross-examined.</hi> That was the florin which she had given the barmaid.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-71" type="witnessName">
<interp inst="t18730203-name-71" type="gender" value="female"/>
<interp inst="t18730203-name-71" type="surname" value="SPRING"/>
<interp inst="t18730203-name-71" type="given" value="MARIAN"/>MARIAN SPRING</persName> </hi>. I am barmaid at the Horse and Groom—on 16th January I served the prisoner with a glass of stout, which came to 1 1/2
<hi rend="italic">d</hi>.—she gave me a florin, and while I was bouncing it on the counter, Mr. Hurley</p>
<xptr type="pageFacsimile" doc="187302030019"/>
<p>came in—I said "This is a bad 2
<hi rend="italic">s</hi>. piece"—she said that her husband gave it to her, and took it up, and paid me with good money—I gave her the change, and she was given in custody—I asked her to give the constable the florin, and she did so—it was the same florin she had taken up.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-72" type="witnessName">
<interp inst="t18730203-name-72" type="gender" value="male"/>
<interp inst="t18730203-name-72" type="surname" value="MANSFIELD"/>
<interp inst="t18730203-name-72" type="given" value="NATHAN"/>NATHAN MANSFIELD</persName> </hi> (
<hi rend="italic">Policeman E</hi> 436). I took the prisoner, and told her the charge—she said nothing—I took her to the station, and then she said that her companion gave it her—her hand was closed—I took hold of it, and said "Where is the florin?"—she opened her hand, and I took it—1
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>. was found on her, which was the change of the good florin—I also received these three other bad florins (
<hi rend="italic">produced</hi>)</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-73" type="witnessName">
<interp inst="t18730203-name-73" type="gender" value="male"/>
<interp inst="t18730203-name-73" type="surname" value="WEBSTER"/>
<interp inst="t18730203-name-73" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These coins are all bad.</p>
<p>
<rs id="t18730203-164-verdict-1" type="verdictDescription">
<interp inst="t18730203-164-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18730203-164-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi> </rs>
<rs id="t18730203-164-punishment-9" type="punishmentDescription">
<interp inst="t18730203-164-punishment-9" type="punishmentCategory" value="noPunish"/>
<interp inst="t18730203-164-punishment-9" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-164-18730203 t18730203-164-punishment-9"/>
<hi rend="italic">on the Third Count.—Recommended to mercy by the Jury.—Judgment respited.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18730203-165">
<interp inst="t18730203-165" type="uri" value="sessionsPapers/18730203"/>
<interp inst="t18730203-165" type="date" value="18730203"/>
<join result="criminalCharge" id="t18730203-165-charge-1" targOrder="Y" targets="def1-165-18730203 t18730203-165-offence-1 t18730203-165-verdict-1"/>
<join result="criminalCharge" id="t18730203-165-charge-2" targOrder="Y" targets="def2-165-18730203 t18730203-165-offence-1 t18730203-165-verdict-2"/>
<p>165.
<persName id="def1-165-18730203" type="defendantName">
<interp inst="def1-165-18730203" type="gender" value="male"/>
<interp inst="def1-165-18730203" type="age" value="19"/>
<interp inst="def1-165-18730203" type="surname" value="WEBB"/>
<interp inst="def1-165-18730203" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM WEBB</hi> (19)</persName>, and
<persName id="def2-165-18730203" type="defendantName">
<interp inst="def2-165-18730203" type="gender" value="female"/>
<interp inst="def2-165-18730203" type="age" value="21"/>
<interp inst="def2-165-18730203" type="surname" value="HARRIS"/>
<interp inst="def2-165-18730203" type="given" value="HESTER"/>
<hi rend="largeCaps">HESTER HARRIS</hi> (2l)</persName>
<rs id="t18730203-165-offence-1" type="offenceDescription">
<interp inst="t18730203-165-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18730203-165-offence-1" type="offenceSubcategory" value="coiningOffences"/> Unlaw fully uttering counterfeit coin, having other counterfeit coin in their pos
<lb/>session, to which </rs>
<hi rend="largeCaps">WEBB</hi>
<hi rend="smallCaps">
<rs id="t18730203-165-verdict-1" type="verdictDescription">
<interp inst="t18730203-165-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18730203-165-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18730203-165-punishment-10" type="punishmentDescription">
<interp inst="t18730203-165-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18730203-165-punishment-10" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-165-18730203 t18730203-165-punishment-10"/>Twelve Months' Imprisonment.</rs> </hi> </p>
<p>
<hi rend="smallCaps">MESSRS. CRAUFURD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">GLYN</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. HOLLINGS</hi>
<hi rend="italic">the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-76" type="witnessName">
<interp inst="t18730203-name-76" type="gender" value="male"/>
<interp inst="t18730203-name-76" type="surname" value="STONE"/>
<interp inst="t18730203-name-76" type="given" value="JOHN"/>JOHN STONE</persName> </hi>. I am landlord of the White Horse, Twickenham—on 27th January I served Webb with a glass of
<hi rend="italic">cooper</hi>—he gave me a florin—I told him it was bad—he took it back, and gave me a good one—I gave him the change and he left—I did not see Harris.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-77" type="witnessName">
<interp inst="t18730203-name-77" type="gender" value="female"/>
<interp inst="t18730203-name-77" type="surname" value="TURNER"/>
<interp inst="t18730203-name-77" type="given" value="AMY"/>AMY TURNER</persName> </hi>. My husband keeps the Royal Oak, Twickenham, about five minutes' walk from Mr. Stone's—on 22nd January I served Webb with a glass of
<hi rend="italic">cooper</hi>, which came to 1 1/2
<hi rend="italic">d</hi>.—he gave me a half-crown; I gave him the change, and he left—I then tried it, and found it was bad—my husband went after him—I bit it, and gave it to my husband.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-78" type="witnessName">
<interp inst="t18730203-name-78" type="gender" value="male"/>
<interp inst="t18730203-name-78" type="surname" value="TURNER"/>
<interp inst="t18730203-name-78" type="given" value="WILLIAM"/>WILLIAM TURNER</persName> </hi>. I keep the Royal Oak—on 22nd January my wife spoke to me and I went after the prisoner—I found him with Harris, making notes in a pocket-book—I kept them in sight, and saw him go as far as Captain Burdett's house—I then took him to the station, as I could not find a policeman, and ordered a man to keep his eyes on Harris—my house is half-a-mile from Heath Road—I gave the half-crown to Sergeant Payne, who marked it in my presence—this is it (
<hi rend="italic">produced</hi>)</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-79" type="witnessName">
<interp inst="t18730203-name-79" type="gender" value="male"/>
<interp inst="t18730203-name-79" type="surname" value="HODGE"/>
<interp inst="t18730203-name-79" type="given" value="FRANCIS"/>FRANCIS HODGE</persName> </hi>. I saw the prisoners walking along the road, Turner over with them, and took Webb, and asked me to take Harris—I took her to the station—she spoke to Mrs. Meslie on the road, who showed her to a closet up a yard—I did not listen to their conversation—I stood at the bottom.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-80" type="witnessName">
<interp inst="t18730203-name-80" type="gender" value="female"/>
<interp inst="t18730203-name-80" type="surname" value="MESLIE"/>
<interp inst="t18730203-name-80" type="given" value="AUGUSTA"/>AUGUSTA MESLIE</persName> </hi>. I am the wife of Andrew Meslie, of Heath Road, Twickenham—on 22nd January I was standing at my door, and Harris asked if she might be allowed to go to my closet—I said there were two up the yard, and she might go to which she liked—I pointed to the left, and saw her go into the first closet on the left side—I watched till she came out—Sergeant Brooks came on the Friday.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-81" type="witnessName">
<interp inst="t18730203-name-81" type="gender" value="male"/>
<interp inst="t18730203-name-81" type="surname" value="PAYNE"/>
<interp inst="t18730203-name-81" type="given" value="JAMES"/>JAMES PAYNE</persName> </hi> (
<hi rend="italic">Police Sergeant S</hi>). I was at the station on the Wednes
<lb/>day evening when the prisoners were brought in—Sergeant Brooks took the charge—I received information, and went next day to a closet on the left side of a yard at the side of Mrs. Meslie's house—I searched the pans and all below, but could find nothing—I got up on the seat, and saw something dark, which I got down with a hook—it was a bag containing eighteen</p>
<xptr type="pageFacsimile" doc="187302030020"/>
<p>florins and one shilling in five separate parcels, with paper between each—two or three hours after Harris was brought in she complained of being cold—I brought her out to the fire, and while she was sitting there she said, "I shall turn female policeman I think, for I consider the man who makes them ought to suffer"—she also said "I don't believe he has any," but she did not say what.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I mentioned that before the Magistrate—I said a great deal there which does not appear on the depositions, and I called the clerk's attention to it afterwards—some observations I overheard led me to examine the closet.</p>
<p>
<hi rend="italic">Re-examined.</hi> Mrs. Meslie was not with me when I examined it—there are no other closets; they accomodate eight or ten houses.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-82" type="witnessName">
<interp inst="t18730203-name-82" type="gender" value="male"/>
<interp inst="t18730203-name-82" type="surname" value="PAYNE"/>
<interp inst="t18730203-name-82" type="given" value="FRANCIS"/>FRANCIS PAYNE</persName> </hi>. I am female searcher at Twickenhan Station—I searched Harris at 5 o'clock on the day the was brought in—she said she supposed I wanted to know how much money she had got—I said, "Yes"—she put her hand into her cloak and took out some—I said, "That is not all," and she brought out some more—I then put my hand in and brought out some more—there was 13
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>. in all, and among it was twenty-nine pence, eight half-pence, and thirty postage-stamps—she said, "You can take some of the coppers for your trouble"—I said, "No, it is more than I dare do"—she said, "No one will know it"—no bad money was found on her.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-83" type="witnessName">
<interp inst="t18730203-name-83" type="gender" value="male"/>
<interp inst="t18730203-name-83" type="surname" value="BROOKS"/>
<interp inst="t18730203-name-83" type="given" value="CHARLES"/>CHARLES BROOKS</persName> </hi> (
<hi rend="italic">Police Sergeant</hi> 39
<hi rend="italic">T</hi>). I took the prisoners to the station—I took Webb to a cell, and afterwards took Harris to an adjoining cell—I heard Webb say, "Ettie"—Harris said, "Yes"—he said, "Don't you know nothing and they can't find nothing"—I received this half-crown (
<hi rend="italic">produced</hi>) from Mr. Turner.</p>
<p>
<hi rend="smallCaps">MR. HOLLINGS</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">MRS. MESLIE</hi>.
<hi rend="italic">Q.</hi> Do both closets belong to your house.
<hi rend="italic">A.</hi> I believe so; I make use of both—all the persons go to both closets.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-84" type="witnessName">
<interp inst="t18730203-name-84" type="gender" value="male"/>
<interp inst="t18730203-name-84" type="surname" value="WEBSTER"/>
<interp inst="t18730203-name-84" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These eighteen florins, this half-crown, and this shilling are all bad.</p>
<p>
<hi rend="largeCaps">HARRIS</hi>.—
<hi rend="smallCaps">
<rs id="t18730203-165-verdict-2" type="verdictDescription">
<interp inst="t18730203-165-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18730203-165-verdict-2" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18730203-166">
<interp inst="t18730203-166" type="uri" value="sessionsPapers/18730203"/>
<interp inst="t18730203-166" type="date" value="18730203"/>
<join result="criminalCharge" id="t18730203-166-charge-1" targOrder="Y" targets="def1-166-18730203 t18730203-166-offence-1 t18730203-166-verdict-1"/>
<p>166.
<persName id="def1-166-18730203" type="defendantName">
<interp inst="def1-166-18730203" type="gender" value="male"/>
<interp inst="def1-166-18730203" type="age" value="21"/>
<interp inst="def1-166-18730203" type="surname" value="LANGLEY"/>
<interp inst="def1-166-18730203" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES LANGLEY</hi> (21)</persName>,
<hi rend="smallCaps">
<rs id="t18730203-166-verdict-1" type="verdictDescription">
<interp inst="t18730203-166-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18730203-166-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18730203-166-offence-1" type="offenceDescription">
<interp inst="t18730203-166-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18730203-166-offence-1" type="offenceSubcategory" value="burglary"/> to burglariously breaking and entering the dwelling-house of
<persName id="t18730203-name-86" type="victimName">
<interp inst="t18730203-name-86" type="gender" value="male"/>
<interp inst="t18730203-name-86" type="surname" value="KERRIDGE"/>
<interp inst="t18730203-name-86" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18730203-166-offence-1 t18730203-name-86"/>William Kerridge</persName>, and stealing therein 4
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. his property.—</rs>
<hi rend="italic">
<rs id="t18730203-166-punishment-11" type="punishmentDescription">
<interp inst="t18730203-166-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18730203-166-punishment-11" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-166-18730203 t18730203-166-punishment-11"/>Eighteen Months' Imprisonment.</rs> </hi> (
<hi rend="italic">There was another indictment against the prisoner.</hi>)</p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, February</hi> 4
<hi rend="italic">th</hi>, 1873.</p>
<p>
<hi rend="italic">Before Mr. Deputy-Recorder.</hi> </p>
<div1 type="trialAccount" id="t18730203-167">
<interp inst="t18730203-167" type="uri" value="sessionsPapers/18730203"/>
<interp inst="t18730203-167" type="date" value="18730203"/>
<join result="criminalCharge" id="t18730203-167-charge-1" targOrder="Y" targets="def1-167-18730203 t18730203-167-offence-1 t18730203-167-verdict-1"/>
<join result="criminalCharge" id="t18730203-167-charge-2" targOrder="Y" targets="def2-167-18730203 t18730203-167-offence-1 t18730203-167-verdict-1"/>
<join result="criminalCharge" id="t18730203-167-charge-3" targOrder="Y" targets="def3-167-18730203 t18730203-167-offence-1 t18730203-167-verdict-1"/>
<p>167.
<hi rend="largeCaps">
<persName id="def1-167-18730203" type="defendantName">
<interp inst="def1-167-18730203" type="gender" value="male"/>
<interp inst="def1-167-18730203" type="surname" value="DAVIDSON"/>
<interp inst="def1-167-18730203" type="given" value="JOHN"/>JOHN DAVIDSON</persName>,
<persName id="def2-167-18730203" type="defendantName">
<interp inst="def2-167-18730203" type="gender" value="male"/>
<interp inst="def2-167-18730203" type="surname" value="DENNISON"/>
<interp inst="def2-167-18730203" type="given" value="JOHN"/> JOHN DENNISON</persName> </hi>, and
<persName id="def3-167-18730203" type="defendantName">
<interp inst="def3-167-18730203" type="gender" value="male"/>
<interp inst="def3-167-18730203" type="surname" value="ROMILLY"/>
<interp inst="def3-167-18730203" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY ROMILLY</hi> </persName> were indicted for
<rs id="t18730203-167-offence-1" type="offenceDescription">
<interp inst="t18730203-167-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18730203-167-offence-1" type="offenceSubcategory" value="libel"/> unlawfully selling and publishing an obscene and indecent libel.
<hi rend="italic">Three other Counts</hi>—For selling indecent pictures, for having in their possession 8, 700 obscene libels with intent to publish the same, and for a conspiracy to publish.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. BESLEY</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">STRAIGHT</hi>
<hi rend="italic">conducted the Prosecution;</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>,
<hi rend="italic">with</hi>
<hi rend="smallCaps">MR. SERJEANT SLEIGH</hi>,
<hi rend="italic">defended Davidson and Dennison, and</hi>
<hi rend="smallCaps">MR. MONTAGU WILLIAMS</hi>
<hi rend="italic">defended Romilly.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-90" type="witnessName">
<interp inst="t18730203-name-90" type="gender" value="male"/>
<interp inst="t18730203-name-90" type="surname" value="GREEN"/>
<interp inst="t18730203-name-90" type="given" value="JOHN"/>JOHN GREEN</persName> </hi>. I live at 17, Newcastle Street, Strand, and am a com
<lb/>mission agent—in consequence of certain instructions that I received I went, on 1st November, to No. 3, Tichborne Street, which is Dr. Kahn's Museum—I purchased this copy of a book (
<hi rend="italic">produced</hi>) from the prisoner Davidson—he was sitting in the pay box as I went in—he had two piles of</p>
<xptr type="pageFacsimile" doc="187302030021"/>
<p>books before him, one small and the other large—I asked nun it I could see Dr. Kahn—he said, "Go up stairs to the left, and you will find him"—I saw a young man there and asked for Dr. Kahn, and he showed me into a room; it was almost dark; a door opened on the opposite side, and Dennison came in and screwed up the gas—I said, "Dr. Kahn?" and he bowed—I said, "I have purchased a copy of your book, but before consulting you I should like to know whether you use mercury in your prescriptions"—he said, "Not usually, hut I do not altogether disapprove of mercury"—I asked him his fee—he said it was a guinea—I then bade him good after
<lb/>noon, and came away—I did not pay him the guinea; I said I should first like to know his treatment, and I said further that I had not read over the book and I wished to do so—on Saturday, 7th December, I was present at the premises when a seizure of the books was made by Sergeant Butcher—on that occasion I saw Romilly there, in the room where the books were got—he took the keys from his pocket and opened the places—there was a large cupboard and an oak book-case looking thing—there was nothing in the book-case, only in the cupboard—I did not go through the museum on that day; some time before I went out of curiosity, not with reference to this case—I did not have a hand-book of the museum given to me; an advertisement was given to me.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">SERJEANT BALLANTINE</hi>.—I am a commission agent, a patent agent—I have several patents to dispose of—I don't know why I should name the persons; I can give you one or two, I hold one very important patent just now—it was not in my capacity of a patent agent that I visited Dr. Kahn's Museum—I was asked by Mr. Collett to go; he is the secretary for the Society for the Suppression of Vice—I went by his instructions; he asked me to purchase a book and hand it to him—I can't say what his purpose might be; I certainly had a belief—my belief was that the book was an obscene book, and ought to be put down—I believe I was to get it and hand it to Mr. Collett for the purpose of prosecuting the parties—I have not been paid anything for it yet—certainly I shall be paid, for loss of time; I have lost a good deal, probably seven days altogether—I went there as an informer, if you say so—I know other persons in this matter besides Mr. Collett—I know Mr. Shirley Deacon; he is a surgeon—I believe he is at Portsmouth at present—I met him first at the Lock Hospital—I went to see him with reference to a prosecution that he started at Marlborough Street against a quack doctor some time ago, because I was acquainted with these prosecutions against quack doctors, and he consulted me about it, about how the thing was done before—I can't tell you whether he is the person who initiated this matter; I don't know—I am not aware that it is his prosecution, and has nothing to do with the Society for the Suppression of Vice; I don't know that it is so, and I don't believe it—I believe it may be connected with it—I don't know that the Society has nothing to do with it, and that Mr. Deacon is supplying the funds; I rather believe the contrary—my payment does not depend upon the result of this prosecution; not the least—I have not made any terms about payment—I have frequently been engaged on other occasions of the same kind; about twenty times I should think—I have generally been allowed so much for loss of time.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-91" type="witnessName">
<interp inst="t18730203-name-91" type="gender" value="male"/>
<interp inst="t18730203-name-91" type="surname" value="SMALE"/>
<interp inst="t18730203-name-91" type="given" value="JOSEPH"/>JOSEPH SMALE</persName> </hi>. I am a printer, in Hale Street, Southwark—I have printed books like this, entitled "The Philosophy of Marriage"—on 6th March, 1868, I printed about 20,000; on 20th August, 1868, I printed</p>
<xptr type="pageFacsimile" doc="187302030022"/>
<p>30,000 of the hand-book, and 3,000 of "The Philosophy of Marriage" in December, 1866; on 6th December, 1872, I printed 30,000, not of "The Philosophy," a different book—on 2nd September I printed 10,000 of "The Philosophy; "I printed none in 1871—I printed 100,000 of the hand-book in 1871—in 1870 I printed 10, 250 of "The Philosophy" and 40,000 hand
<lb/>books—this is one of them—my name is on it—Mr. Davidson has paid me for printing "The Philosophy of Marriage," and also for the hand-book—I don't know Dennison—I know Romilly, I have seen him at the museum; I first saw him there three or four years ago—he has been there ever since.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-92" type="witnessName">
<interp inst="t18730203-name-92" type="gender" value="male"/>
<interp inst="t18730203-name-92" type="surname" value="BUTCHER"/>
<interp inst="t18730203-name-92" type="given" value="CHARLES"/>CHARLES BUTCHER</persName> </hi> (
<hi rend="italic">Detective Sergeant C</hi>). On 7th December, about 2.30 in the day, I went to this museum, in Tichborne Street—I had a warrantr—I saw Dennison in the pay-box—I seized 8, 700 copies of "The Philosophy of Marriage," they were all in a cupboard—I did not take any of the hand
<lb/>books—Romilly opened the cupboard in which the pamphlets were—I took one of these blue books and left a great many behind—before I went to the cupboard I had a conversation with Romilly—I asked him if Dr. Kahn was within—he said no, but he was the secretary, and whatever we wanted it would be the same, and asked us into a private room—I then read the warrant to him; it charged the books with being obscene works—he said he did not know anything about that, he was not aware of it, it was a medical work—the books were all locked in the cupboard; Romilly took the key from his pocket.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WILLIAMS</hi>. I don't think he said that he had never even read the book—I won't swear it; I don't believe he did—I don't remember it.</p>
<p>
<hi rend="italic">Cross-examined by</hi> Mr.
<hi rend="smallCaps">SERJEANT BALLANTINE</hi>. I have known this museum about fifteen years—I was never in it but once; that was about fifteen years since—the entrance is 1
<hi rend="italic">s</hi>.—the blue book is a catalogue—"The Philosophy of Marriage "is 1
<hi rend="italic">s</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-93" type="witnessName">
<interp inst="t18730203-name-93" type="gender" value="male"/>
<interp inst="t18730203-name-93" type="surname" value="WELLS"/>
<interp inst="t18730203-name-93" type="given" value="JOHN"/>JOHN WELLS</persName> </hi>. I was engaged in attendance at Kahni's Museum from 1856 to 1864—I was in charge of the museum for that time—I last saw Dr. Kahn in 1863—I went to America at one time—on my return I went to Kahn's Museum, in December, 1871—I saw Sidney Davidson (the prisoner); I brought a letter from New York from his brother, Edward Davidson, to reinstate me—I gave him the letter, be read it, and said that he could not reinstate me, that he was perfectly satisfied with Romilly—Romilly was in the room—I don't know Dennison at all—I have been there once since; I then saw one of the attendants—Davidson was not in—I did not see either of the defendants.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-94" type="witnessName">
<interp inst="t18730203-name-94" type="gender" value="male"/>
<interp inst="t18730203-name-94" type="surname" value="LANK"/>
<interp inst="t18730203-name-94" type="given" value="JAMES"/>DR. JAMES R. LANK</persName> </hi>. I am a Fellow of the Royal College of Surgeons, surgeon at St. Mary's Hospital, lecturer on surgery, and senior surgeon at the London Lock Hospital—I have had put into my hands a copy of "The Philosophy of Marriage"—I have read it.
<hi rend="italic">Q.</hi> Is it in any sense a medical treatise for the education or information of medical students? (Mr.
<hi rend="smallCaps">SERJEANT BALLANTINE</hi>
<hi rend="italic">objected to the question, and requested that, if admitted, the point might be reserved.</hi> </p>
<p>
<hi rend="smallCaps">MR. BESLEY</hi>
<hi rend="italic">withdrew the question.</hi>)</p>
<p>
<hi rend="italic">The Medical Register was put in for the purpose of showing that the defendants' names did not appear there.</hi> </p>
<p>
<hi rend="italic">Extracts from "The Philosophy of Marriage" were read by</hi>
<hi rend="smallCaps">MR. BESLEY</hi>
<hi rend="italic">in opening the case.</hi> </p>
<p>
<hi rend="smallCaps">MR. WILLIAMS</hi>
<hi rend="italic">submitted (that there was no case against Romilly, he being a mere servant in the establishment.</hi> </p>
<xptr type="pageFacsimile" doc="187302030023"/>
<p>
<hi rend="smallCaps">THE COURT</hi>
<hi rend="italic">considered it must go to the Jury.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18730203-167-verdict-1" type="verdictDescription">
<interp inst="t18730203-167-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18730203-167-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<rs id="t18730203-167-punishment-12" type="punishmentDescription">
<interp inst="t18730203-167-punishment-12" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18730203-167-punishment-12" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-167-18730203 t18730203-167-punishment-12"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-167-18730203 t18730203-167-punishment-12"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-167-18730203 t18730203-167-punishment-12"/>
<hi rend="italic">To enter into their own recognisance to appear and receive Judg
<lb/>ment when called upon.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18730203-168">
<interp inst="t18730203-168" type="uri" value="sessionsPapers/18730203"/>
<interp inst="t18730203-168" type="date" value="18730203"/>
<join result="criminalCharge" id="t18730203-168-charge-1" targOrder="Y" targets="def1-168-18730203 t18730203-168-offence-1 t18730203-168-verdict-2"/>
<join result="criminalCharge" id="t18730203-168-charge-2" targOrder="Y" targets="def2-168-18730203 t18730203-168-offence-1 t18730203-168-verdict-1"/>
<join result="criminalCharge" id="t18730203-168-charge-3" targOrder="Y" targets="def3-168-18730203 t18730203-168-offence-1 t18730203-168-verdict-1"/>
<join result="criminalCharge" id="t18730203-168-charge-4" targOrder="Y" targets="def4-168-18730203 t18730203-168-offence-1 t18730203-168-verdict-2"/>
<p>168.
<persName id="def1-168-18730203" type="defendantName">
<interp inst="def1-168-18730203" type="gender" value="male"/>
<interp inst="def1-168-18730203" type="age" value="27"/>
<interp inst="def1-168-18730203" type="surname" value="MANNING"/>
<interp inst="def1-168-18730203" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE MANNING</hi> (27)</persName>,
<persName id="def2-168-18730203" type="defendantName">
<interp inst="def2-168-18730203" type="gender" value="male"/>
<interp inst="def2-168-18730203" type="age" value="32"/>
<interp inst="def2-168-18730203" type="surname" value="BUCKMASTER"/>
<interp inst="def2-168-18730203" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES BUCKMASTER</hi> (32)</persName>,
<persName id="def3-168-18730203" type="defendantName">
<interp inst="def3-168-18730203" type="gender" value="male"/>
<interp inst="def3-168-18730203" type="age" value="28"/>
<interp inst="def3-168-18730203" type="surname" value="PROSS"/>
<interp inst="def3-168-18730203" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE PROSS</hi> (28)</persName>, and
<persName id="def4-168-18730203" type="defendantName">
<interp inst="def4-168-18730203" type="gender" value="male"/>
<interp inst="def4-168-18730203" type="age" value="19"/>
<interp inst="def4-168-18730203" type="surname" value="WATSON"/>
<interp inst="def4-168-18730203" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN WATSON</hi> (19)</persName>
<rs id="t18730203-168-offence-1" type="offenceDescription">
<interp inst="t18730203-168-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18730203-168-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, Stealing 260 oysters, the goods of
<persName id="t18730203-name-99" type="victimName">
<interp inst="t18730203-name-99" type="gender" value="male"/>
<interp inst="t18730203-name-99" type="surname" value="BELL"/>
<interp inst="t18730203-name-99" type="given" value="CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t18730203-168-offence-1 t18730203-name-99"/>Charles Bell</persName>, the master of Manning and Buckmaster.
<hi rend="italic">Second Count</hi>—Receiving the same.</rs> </p>
<p>
<hi rend="largeCaps">BUCKMASTER</hi> and
<hi rend="largeCaps">PROSS</hi>
<rs id="t18730203-168-verdict-1" type="verdictDescription">
<interp inst="t18730203-168-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18730203-168-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>
<hi rend="smallCaps">PLEADED GUILTY</hi> </rs> </p>
<p>
<hi rend="smallCaps">MR. STRAIGHT</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. GRIFFITHS</hi>
<hi rend="italic">defended Manning.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-100" type="witnessName">
<interp inst="t18730203-name-100" type="gender" value="male"/>
<interp inst="t18730203-name-100" type="surname" value="GREEN"/>
<interp inst="t18730203-name-100" type="given" value="WILLIAM"/>WILLIAM GREEN</persName> </hi> (
<hi rend="italic">City Detective Sergeant</hi>). In consequence of instructions I received from Mr. Bell, I have been watching his oyster rooms (Pim's) in the Poultry—my attention was particularly called to the premises on the morning of the 15th January—Manning and Buckmaster were in Mr. Bell's employment—I saw Buckmaster come a little after 8 o'clock to the premises, with Pross and Watson, with a barrow—Manning came from the shop, and they commenced unloading the barrow—Buckmaster carried in the first sack of oysters—I saw the barrow unloaded till all but one sack of oysters were gone—I then saw Buckmaster and Manning come from the shop towards the barrow, Buckmaster carrying what appeared to be a bundle of empty sacks in his arms—Manning was close to him, on his left side—the bundle of sacks was placed on the barrow by Buckmaster—Manning took the sack of oysters which had been left on the barrow on his back, and went into the shop with it—an empty barrel and a basket were placed on the barrow afterwards—Buckmaster and Watson went away with the barrow, being followed at some distance by Pross—in Lombard Street Pross joined them, and they went on to Philpot Lane—Watson assisted in pushing the barrow and in coming likewise—half-way down Philpot Lane the barrow was stopped, and Buckmaster and Watson put on the head of Pross a basket containing a sack—Buckmaster and Watson went on with the barrow and I followed Pross—the sack appeared to have something in it, and it was taken from the place where Buckmaster had placed the sacks—I stopped Pross at the top of Talbot Court and told him that I was an officer, and asked him what he had on his head—he said, "Some oysters"—I said, "Where are you going to take them?"—he said, "To a Mr. Hughes, down here by the Monument"—I said, "Where did you get them from?"—he said, "Little
<hi rend="italic">Jack</hi>, from Marlow's, gave them to me in Thames Street"—I told him I had reason to believe that the oysters were stolen from Pim's, in the Poultry, and I should have to take him into custody—I then took him, with the sack, to the police-station—the sack was opened, and it was found to contain 260 oysters, which were clean—I went again to the premises in the Poultry and watched.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-101" type="witnessName">
<interp inst="t18730203-name-101" type="gender" value="male"/>
<interp inst="t18730203-name-101" type="surname" value="HALSE"/>
<interp inst="t18730203-name-101" type="given" value="DANIEL"/>DANIEL HALSE</persName> </hi> (
<hi rend="italic">City Detective</hi> 607). I was with Green on two occasions when the barrow came to the premises—I took Watson into custody after he had left the premises, on 15th January—I told him he would be charged with two other men in receiving oysters supposed to be stolen—he said, "I hope you are not going to make me answerable for another man's actions, I don't know anything about it, I only gave him a push up."</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-102" type="witnessName">
<interp inst="t18730203-name-102" type="gender" value="male"/>
<interp inst="t18730203-name-102" type="surname" value="FLOCKTON"/>
<interp inst="t18730203-name-102" type="given" value="SAMUEL ABRAHAM"/>SAMUEL ABRAHAM FLOCKTON</persName> </hi>. I am manager of the fish department at</p>
<xptr type="pageFacsimile" doc="187302030024"/>
<p>Pim's—Mr. Bell is one of the partners—Manning was a porter there, and has been in the employ about six years, and Buckmaster three years, to bring fish from the market with his barrow—Manning's duty was to attend with me at Billingsgate Market in the morning, and buy fish and oysters as re
<lb/>quired, and it was Buckmaster's duty to convey them to the premises in the. Poultry, and Manning would be there to receive them—when I bought the goods, I used to meet him, and ask him what he had received, and if he had not received the quantity, I used to tell him the quantity he should receive and would tell him if he had received the right quantity—oysters would not be washed until I gave him orders for them to be washed—it was Manning's duty to wash them as they were wanted—the oysters were kept in a cellar by themselves and the fish in another place—Manning has the entire charge of the cellar where the oysters were deposited—he is responsible to me for them, and all oysters whether dirty or washed would be kept in the cellar, except those immediately in use up stairs—on the morning of 15th January he was with me in Billingsgate Market—Buckmaster was also there with his barrow—they were both present when the barrow was loaded—amongst other things, that morning I purchased two sacks of oysters which were put on the barrow with some fish—I left them to take the fish and oysters, and it was Manning's duty to assist in bringing them from the market and then receive them, and the oysters would be deposited in the oyster-cellar, and put under lock and key—the oysters I bought that morning were dirty, as they came from the dredgers—I know nothing of either the prosecutor or Watson—I have seen them about the market, in fact I had employed prosecutor about Christmas-time, when I was pressed, but I did not know his name—as regards Watson, I did not know him—I did not employ him on the morning of the 15th—after I had purchased the first I went to the premises in the Poultry—Manning was then in custody—Buckmaster would have access to the cellar when he was assisting Manning to carry the oysters in—the value of the 260 would be worth a little over 50
<hi rend="italic">s</hi>.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GRIFFITHS</hi>. We have two cellars, one is used for fish and the other principally for empty baskets—the baskets would go back in the morning—it was Manning's duty to see them sent off—the empty sacks are also returned in the morning—the oysters would remain in the cellar till I gave order for them to be washed—there would be both washed and unwashed oysters in the same cellar—if the sacks on the barrow had been empty, they would have been rightfully in possession of them—they would be taken to Billingsgate to the owner.</p>
<p>
<hi rend="italic">Re-examined.</hi> I have seen the sack found on the prosecutor; it is a sack I purchased from a man named Gann.</p>
<p>
<hi rend="italic">Watson's Defence.</hi> I was employed by Buckmaster, to help him from the market up to the shop; what he was going to take to the shop I did not know. He had a load, and me, and Buckmaster, and Manning, went up to the shop with that load, and when it was unloaded we went back towards the market. We went along, and then Buckmaster gave the sack to Pross. I did not know what he had in it; if I had asked I should have been told to mind my own business. I was taken into custody, and I know nothing at all about it.</p>
<p>
<hi rend="largeCaps">MANNING</hi>
<hi rend="italic">and</hi>
<hi rend="largeCaps">WATSON</hi>
<hi rend="smallCaps">
<rs id="t18730203-168-verdict-2" type="verdictDescription">
<interp inst="t18730203-168-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18730203-168-verdict-2" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<p>
<hi rend="largeCaps">BUCKMASTER</hi>
<hi rend="smallCaps">GUILTY</hi>.</p>
<p>
<hi rend="italic">He also</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>*
<hi rend="italic">to having been before convicted in October</hi>, 1866.—
<hi rend="italic">
<rs id="t18730203-168-punishment-13" type="punishmentDescription">
<interp inst="t18730203-168-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18730203-168-punishment-13" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-168-18730203 t18730203-168-punishment-13"/>Seven Years'Penal Servitude.</rs> </hi> </p>
<p>
<hi rend="largeCaps">PROSS</hi>
<hi rend="smallCaps">GUILTY</hi>.—
<hi rend="italic">
<rs id="t18730203-168-punishment-14" type="punishmentDescription">
<interp inst="t18730203-168-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18730203-168-punishment-14" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-168-18730203 t18730203-168-punishment-14"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18730203-169">
<interp inst="t18730203-169" type="uri" value="sessionsPapers/18730203"/>
<interp inst="t18730203-169" type="date" value="18730203"/>
<join result="criminalCharge" id="t18730203-169-charge-1" targOrder="Y" targets="def1-169-18730203 t18730203-169-offence-1 t18730203-169-verdict-1"/>
<join result="criminalCharge" id="t18730203-169-charge-2" targOrder="Y" targets="def2-169-18730203 t18730203-169-offence-1 t18730203-169-verdict-1"/>
<join result="criminalCharge" id="t18730203-169-charge-3" targOrder="Y" targets="def3-169-18730203 t18730203-169-offence-1 t18730203-169-verdict-1"/>
<xptr type="pageFacsimile" doc="187302030025"/>
<p>169.
<hi rend="largeCaps">
<persName id="def1-169-18730203" type="defendantName">
<interp inst="def1-169-18730203" type="gender" value="male"/>
<interp inst="def1-169-18730203" type="age" value="27"/>
<interp inst="def1-169-18730203" type="surname" value="MANNING"/>
<interp inst="def1-169-18730203" type="given" value="GEORGE"/>GEORGE MANNING</persName>,
<persName id="def2-169-18730203" type="defendantName">
<interp inst="def2-169-18730203" type="gender" value="male"/>
<interp inst="def2-169-18730203" type="age" value="32"/>
<interp inst="def2-169-18730203" type="surname" value="BUCKMASTER"/>
<interp inst="def2-169-18730203" type="given" value="CHARLES"/> CHARLES BUCKMASTER</persName> </hi>, and
<persName id="def3-169-18730203" type="defendantName">
<interp inst="def3-169-18730203" type="gender" value="male"/>
<interp inst="def3-169-18730203" type="age" value="19"/>
<interp inst="def3-169-18730203" type="surname" value="WATSON"/>
<interp inst="def3-169-18730203" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN WATSON</hi> </persName>, were
<hi rend="italic">again</hi> indicted for
<rs id="t18730203-169-offence-1" type="offenceDescription">
<interp inst="t18730203-169-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18730203-169-offence-1" type="offenceSubcategory" value="simpleLarceny"/> stealing 392 oysters of
<persName id="t18730203-name-106" type="victimName">
<interp inst="t18730203-name-106" type="gender" value="male"/>
<interp inst="t18730203-name-106" type="surname" value="BELL"/>
<interp inst="t18730203-name-106" type="given" value="CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t18730203-169-offence-1 t18730203-name-106"/>Charles Bell</persName> and others.</rs> </p>
<p>
<hi rend="smallCaps">MR. STRAIGHT</hi>,
<hi rend="italic">for the Prosecution, offered no evidence.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18730203-169-verdict-1" type="verdictDescription">
<interp inst="t18730203-169-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18730203-169-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18730203-170">
<interp inst="t18730203-170" type="uri" value="sessionsPapers/18730203"/>
<interp inst="t18730203-170" type="date" value="18730203"/>
<join result="criminalCharge" id="t18730203-170-charge-1" targOrder="Y" targets="def1-170-18730203 t18730203-170-offence-1 t18730203-170-verdict-1"/>
<p>170.
<persName id="def1-170-18730203" type="defendantName">
<interp inst="def1-170-18730203" type="gender" value="male"/>
<interp inst="def1-170-18730203" type="age" value="23"/>
<interp inst="def1-170-18730203" type="surname" value="DODENHOFT"/>
<interp inst="def1-170-18730203" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN DODENHOFT</hi> (23)</persName>,
<hi rend="smallCaps">
<rs id="t18730203-170-verdict-1" type="verdictDescription">
<interp inst="t18730203-170-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18730203-170-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18730203-170-offence-1" type="offenceDescription">
<interp inst="t18730203-170-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18730203-170-offence-1" type="offenceSubcategory" value="burglary"/> to burglariously breaking and entering the dwelling-house of
<persName id="t18730203-name-108" type="victimName">
<interp inst="t18730203-name-108" type="gender" value="male"/>
<interp inst="t18730203-name-108" type="surname" value="BUECKER"/>
<interp inst="t18730203-name-108" type="given" value="CHRISTOPHER WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18730203-170-offence-1 t18730203-name-108"/>Christopher William Buecker</persName>, and stealing 4
<hi rend="italic">l</hi>., his money.—</rs>
<hi rend="italic">
<rs id="t18730203-170-punishment-15" type="punishmentDescription">
<interp inst="t18730203-170-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18730203-170-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-170-18730203 t18730203-170-punishment-15"/>Twelve Months' Imprisonment.</rs> </hi> And</p> </div1>
<div1 type="trialAccount" id="t18730203-171">
<interp inst="t18730203-171" type="uri" value="sessionsPapers/18730203"/>
<interp inst="t18730203-171" type="date" value="18730203"/>
<join result="criminalCharge" id="t18730203-171-charge-1" targOrder="Y" targets="def1-171-18730203 t18730203-171-offence-1 t18730203-171-verdict-1"/>
<p>171.
<persName id="def1-171-18730203" type="defendantName">
<interp inst="def1-171-18730203" type="gender" value="male"/>
<interp inst="def1-171-18730203" type="age" value="18"/>
<interp inst="def1-171-18730203" type="surname" value="HEALE"/>
<interp inst="def1-171-18730203" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE HEALE</hi> (18)</persName>
<rs id="t18730203-171-verdict-1" type="verdictDescription">
<interp inst="t18730203-171-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18730203-171-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs>
<rs id="t18730203-171-offence-1" type="offenceDescription">
<interp inst="t18730203-171-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18730203-171-offence-1" type="offenceSubcategory" value="forgery"/>, to feloniously forging and uttering an order for the payment of 35
<hi rend="italic">l</hi>., with intent to defraud.—</rs>
<rs id="t18730203-171-punishment-16" type="punishmentDescription">
<interp inst="t18730203-171-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18730203-171-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-171-18730203 t18730203-171-punishment-16"/>
<hi rend="italic">Twelve Months' Imprisonment.</hi> </rs> </p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, February</hi> 4
<hi rend="italic">th</hi>, 1873.</p>
<p>
<hi rend="italic">Before
<persName id="t18730203-name-110" type="judiciaryName">
<interp inst="t18730203-name-110" type="gender" value="male"/>
<interp inst="t18730203-name-110" type="surname" value="KERR"/>
<interp inst="t18730203-name-110" type="given" value="ROBERT MALCOLM"/>Robert Malcolm Kerr</persName>, Esq.</hi> </p>
<div1 type="trialAccount" id="t18730203-172">
<interp inst="t18730203-172" type="uri" value="sessionsPapers/18730203"/>
<interp inst="t18730203-172" type="date" value="18730203"/>
<join result="criminalCharge" id="t18730203-172-charge-1" targOrder="Y" targets="def1-172-18730203 t18730203-172-offence-1 t18730203-172-verdict-1"/>
<p>172.
<persName id="def1-172-18730203" type="defendantName">
<interp inst="def1-172-18730203" type="gender" value="male"/>
<interp inst="def1-172-18730203" type="age" value="53"/>
<interp inst="def1-172-18730203" type="surname" value="SCOTT"/>
<interp inst="def1-172-18730203" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM SCOTT</hi> (53)</persName>,
<hi rend="smallCaps">
<rs id="t18730203-172-verdict-1" type="verdictDescription">
<interp inst="t18730203-172-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18730203-172-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18730203-172-offence-1" type="offenceDescription">
<interp inst="t18730203-172-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18730203-172-offence-1" type="offenceSubcategory" value="fraud"/>to unlawfully obtaining 1
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>. of
<persName id="t18730203-name-112" type="victimName">
<interp inst="t18730203-name-112" type="gender" value="male"/>
<interp inst="t18730203-name-112" type="surname" value="BRYANT"/>
<interp inst="t18730203-name-112" type="given" value="FREDERICK WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18730203-172-offence-1 t18730203-name-112"/>Frederick William Bryant</persName>, by false pretences, having been convicted of a conspiracy to defraud in 1870.</rs>
<hi rend="italic">
<rs id="t18730203-172-punishment-17" type="punishmentDescription">
<interp inst="t18730203-172-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18730203-172-punishment-17" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-172-18730203 t18730203-172-punishment-17"/>Two years' Imprisonment.</rs> </hi> And</p> </div1>
<div1 type="trialAccount" id="t18730203-173">
<interp inst="t18730203-173" type="uri" value="sessionsPapers/18730203"/>
<interp inst="t18730203-173" type="date" value="18730203"/>
<join result="criminalCharge" id="t18730203-173-charge-1" targOrder="Y" targets="def1-173-18730203 t18730203-173-offence-1 t18730203-173-verdict-1"/>
<join result="criminalCharge" id="t18730203-173-charge-2" targOrder="Y" targets="def2-173-18730203 t18730203-173-offence-1 t18730203-173-verdict-1"/>
<p>173.
<persName id="def1-173-18730203" type="defendantName">
<interp inst="def1-173-18730203" type="gender" value="male"/>
<interp inst="def1-173-18730203" type="age" value="18"/>
<interp inst="def1-173-18730203" type="surname" value="TURNER"/>
<interp inst="def1-173-18730203" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM TURNER</hi> (18)</persName>, and
<persName id="def2-173-18730203" type="defendantName">
<interp inst="def2-173-18730203" type="gender" value="male"/>
<interp inst="def2-173-18730203" type="age" value="19"/>
<interp inst="def2-173-18730203" type="surname" value="SAUNDERS"/>
<interp inst="def2-173-18730203" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY SAUNDERS</hi> (19)</persName>
<rs id="t18730203-173-verdict-1" type="verdictDescription">
<interp inst="t18730203-173-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18730203-173-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs>
<rs id="t18730203-173-offence-1" type="offenceDescription">
<interp inst="t18730203-173-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18730203-173-offence-1" type="offenceSubcategory" value="burglary"/>, to bur
<lb/>glariously breaking and entering the dwelling-house of
<persName id="t18730203-name-115" type="victimName">
<interp inst="t18730203-name-115" type="gender" value="male"/>
<interp inst="t18730203-name-115" type="surname" value="STEER"/>
<interp inst="t18730203-name-115" type="given" value="WILLIAM GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18730203-173-offence-1 t18730203-name-115"/>William George Steer</persName>, and stealing therein two shawls, his property.—</rs>
<rs id="t18730203-173-punishment-18" type="punishmentDescription">
<interp inst="t18730203-173-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18730203-173-punishment-18" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-173-18730203 t18730203-173-punishment-18"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-173-18730203 t18730203-173-punishment-18"/>
<hi rend="italic">Twelve Months' Im
<lb/>prisonment each.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18730203-174">
<interp inst="t18730203-174" type="uri" value="sessionsPapers/18730203"/>
<interp inst="t18730203-174" type="date" value="18730203"/>
<join result="criminalCharge" id="t18730203-174-charge-1" targOrder="Y" targets="def1-174-18730203 t18730203-174-offence-1 t18730203-174-verdict-1"/>
<p>174.
<persName id="def1-174-18730203" type="defendantName">
<interp inst="def1-174-18730203" type="gender" value="male"/>
<interp inst="def1-174-18730203" type="age" value="38"/>
<interp inst="def1-174-18730203" type="surname" value="LEE"/>
<interp inst="def1-174-18730203" type="given" value="MICHAEL"/>
<interp inst="def1-174-18730203" type="occupation" value="sailor"/>
<hi rend="largeCaps">MICHAEL LEE</hi> (38)</persName>
<rs id="t18730203-174-offence-1" type="offenceDescription">
<interp inst="t18730203-174-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18730203-174-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, Stealing 1
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., of
<persName id="t18730203-name-117" type="victimName">
<interp inst="t18730203-name-117" type="gender" value="male"/>
<interp inst="t18730203-name-117" type="surname" value="DENSTON"/>
<interp inst="t18730203-name-117" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18730203-174-offence-1 t18730203-name-117"/>John Denston</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MR. COOPER</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-118" type="witnessName">
<interp inst="t18730203-name-118" type="gender" value="male"/>
<interp inst="t18730203-name-118" type="surname" value="DENSTON"/>
<interp inst="t18730203-name-118" type="given" value="WILLIAM"/>WILLIAM DENSTON</persName> </hi>. I am a publican, of 5, King Street, Tower Hill—the prisoner and other sailors were stopping at my house, and about 1 o'clock a.m. the prisoner called out for a candle, as he wanted to get up early—I put a candle 3 or 4 inches long on the table—before I went to bed, I had 1
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. in a little bag, in a drawer in a corner of the bar, which was closed and fastened—next morning, at 9 o'clock, I found the bar wrenched open; the bag was in the drawer, but the money was gone—there was some grease over the till of the same kind as the candle I supplied him with—the candlestick was in the prisoner's bedroom, 'clean, but no candle in it—that was the second candle I supplied him with—he was in bed when I gave him that—one sailor was gone to his ship, and the other remained in the house, and let them out.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> What candles had you supplied to the other sailors?
<hi rend="italic">A.</hi> One—I brought down yours when I went to bed, and then candle and candlestick were there in the morning—I told the Magistrate that I took the candle from them; I brought it down with me—they had no means of getting a light in the night without coming into my room and knocking me up—I lent you 2
<hi rend="italic">s</hi>. the day previous to go to Woolwich, and engage a ship, and, when you came back, you told me you had only 1
<hi rend="italic">d</hi>. left—I saw nothing in the bar to denote your having been there—there were matches behind the looking-glass in your bedroom—I did not hear you get out of bed or move about; I was tired, and slept sound—I saw your clothes-bag turned out at the station; there was nothing in it belonging to you.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-119" type="witnessName">
<interp inst="t18730203-name-119" type="gender" value="male"/>
<interp inst="t18730203-name-119" type="surname" value="HILLER"/>
<interp inst="t18730203-name-119" type="given" value="JAMES"/>JAMES HILLER</persName> </hi>. I lodged at Mr. Denston's—I slept in the opposite room to the prisoner—he slept alone—on this Friday morning, about 6.45, I let him out, and after that I found a candlestick without a candle in his room—my shipmate, John Billett, slept in the same room as me, and he went out with him.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> Did not I go into your bedroom in the morning, and wake</p>
<xptr type="pageFacsimile" doc="187302030026"/>
<p>your mate up, and tell him it was time to got up and go to his ship?
<hi rend="italic">A.</hi> Yes—I went into your room to get a light—the matches were at the back of the looking-glass—you said that it was very strange for the landlord to go to bed and leave no candle in the other bedroom, but I knew you had one; I heard you sing out for one.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you take a candle down stairs?
<hi rend="italic">A.</hi> No.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-120" type="witnessName">
<interp inst="t18730203-name-120" type="gender" value="male"/>
<interp inst="t18730203-name-120" type="surname" value="BILLETT"/>
<interp inst="t18730203-name-120" type="given" value="JOHN"/>JOHN BILLETT</persName> </hi>. I lived at Mr. Denston's, and slept in the same room with Hiller—I left the house with the prisoner on Friday morning—we went across the street into a public-house, and had a pot of beer, for which the prisoner paid 8
<hi rend="italic">d</hi>.—we left there in five minutes, and went up to the station—it was a quarter of an hour or twenty minutes before the train started, and we had another pot, opposite Fenchurch Street Station, which the prisoner paid for—he paid for our train, 6
<hi rend="italic">d</hi>. each, and then we went to the Woolwich Tap, North Woolwich, and had some whisky and beer, which the prisoner paid for.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-121" type="witnessName">
<interp inst="t18730203-name-121" type="gender" value="male"/>
<interp inst="t18730203-name-121" type="surname" value="BASKETT"/>
<interp inst="t18730203-name-121" type="given" value="ROBERT"/>ROBERT BASKETT</persName> </hi>. I manage the North Woolwich—on Friday morn
<lb/>ing, about 9 o'clock, the prisoner and Billett came there, and had a pot of ale, for which the prisoner paid me with a shilling; they then had another pot, and he gave me another shilling; then they had two glasses of ale, for which he paid 6
<hi rend="italic">d</hi>., and then they had two glasses of whisky; I do not know what he paid for that, but he gave me half-a-crown for half a gallon of beer, which he took on board with him—he left his bag till the Monday, and I had information from the landlord who asked me to detain it till the prisoner came, when he was taken.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-122" type="witnessName">
<interp inst="t18730203-name-122" type="gender" value="male"/>
<interp inst="t18730203-name-122" type="surname" value="ROLAND"/>
<interp inst="t18730203-name-122" type="given" value="STEPHEN"/>STEPHEN ROLAND</persName> </hi> (
<hi rend="italic">Police Sergeant</hi> 73
<hi rend="italic">K</hi>). I was called to this public-house, and found the prisoner there—I said I should take him in custody on suspicion of robbing a public-house yesterday morning—he said "All right, I will go with you," and that he thought that it was something relating to the bag—going along he said "Has there been a robbery there?"—I said "Yes."</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> On 13th December I arrived home from a foreign voyage, and received 8
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. I had been acquainted with this landlord before, he had cashed my advanced notes, and I took this young man to his house, and patronised him as well as I could. On this morning I got up at 7, and found my candlestick, but no candle. I went into the next room and woke up this young man, and there was no candle in his room either. He went down to the landlord's room and got a candle. He said he could not go till the landlord came down, as he had no money to pay. I said "The landlord will not be down till 9, but I will pay the train for you" I did not know—that the house had been broken into, or any money stolen. The money I spent was my own, which I had ploughed the seas for. I had plenty of money, and there was no necessity for me to steal.</p>
<p>
<hi rend="smallCaps">
<rs id="t18730203-174-verdict-1" type="verdictDescription">
<interp inst="t18730203-174-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18730203-174-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18730203-175">
<interp inst="t18730203-175" type="uri" value="sessionsPapers/18730203"/>
<interp inst="t18730203-175" type="date" value="18730203"/>
<join result="criminalCharge" id="t18730203-175-charge-1" targOrder="Y" targets="def1-175-18730203 t18730203-175-offence-1 t18730203-175-verdict-1"/>
<p>175.
<persName id="def1-175-18730203" type="defendantName">
<interp inst="def1-175-18730203" type="gender" value="male"/>
<interp inst="def1-175-18730203" type="age" value="28"/>
<interp inst="def1-175-18730203" type="surname" value="BRACE"/>
<interp inst="def1-175-18730203" type="given" value="JAMES"/>
<interp inst="def1-175-18730203" type="occupation" value="porter"/>
<hi rend="largeCaps">JAMES BRACE</hi> (28)</persName>
<rs id="t18730203-175-offence-1" type="offenceDescription">
<interp inst="t18730203-175-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18730203-175-offence-1" type="offenceSubcategory" value="forgery"/>, Feloniously forging and uttering a request for the delivery of three gold chains, with intent to defraud.</rs> </p>
<p>
<hi rend="smallCaps">MR. HARRIS</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-124" type="witnessName">
<interp inst="t18730203-name-124" type="gender" value="male"/>
<interp inst="t18730203-name-124" type="surname" value="WALKER"/>
<interp inst="t18730203-name-124" type="given" value="JOHN CHARLES"/>JOHN CHARLES WALKER</persName> </hi>. I am a wholesale jeweller of 80, Aldersgate Street, in partnership with Mr. Johnson—on the 16th January, about 12.30, the prisoner came in and produced this order—(
<hi rend="italic">Read</hi>) "27, Ludgate Hill, 6th January, 1873:—Gentlemen, Please send by bearer two or three gold Alberts to show a customer. A. E. D., for Wales and McCullock"—not</p>
<xptr type="pageFacsimile" doc="187302030027"/>
<p>knowing the prisoner, I said that I would send the chains off—he said "Unless they are sent immediately they are of no use, as the customer is waiting in the shop"—I gave five chains to Mr. Cooper, with orders to go to the shop, but I did notice then that the prisoner had left.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-125" type="witnessName">
<interp inst="t18730203-name-125" type="gender" value="male"/>
<interp inst="t18730203-name-125" type="surname" value="COOPER"/>
<interp inst="t18730203-name-125" type="given" value="SAMUEL THOMAS"/>SAMUEL THOMAS COOPER</persName> </hi>. I am assistant to Messrs. Johnson and Walker,—on 16th January, about twenty minutes to 1, I saw the prisoner in the shop, and in his presence Mr. Walker directed me to take five chains to Wales and McCullock—the prisoner went out without my knowledge—I took the chains about five minutes afterwards, and had to bring them back—the prisoner was brought to the shop by Mr. Donald about 3.30, and given in custody.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-126" type="witnessName">
<interp inst="t18730203-name-126" type="gender" value="male"/>
<interp inst="t18730203-name-126" type="surname" value="DONALD"/>
<interp inst="t18730203-name-126" type="given" value="ALEXANDER MCEWAN"/>ALEXANDER MCEWAN DONALD</persName> </hi>. I am manager to Wales and McCullock, jewellers—the prisoner was their porter for three months—this order is not written by my authority—these are my initials, but they are not my writing—I have the prisoner's writing here, and I believe it corresponds—I sent him out on the 16th, about 12 o'clock, or a little before, and he re
<lb/>turned about 1.30 or 2—Mr. Cooper had been before he returned—Mr. Wales asked the prisoner if he knew anything about the order, and he denied having been to Walker and Johnson's.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I still maintain that I am innocent. I was not at Johnson's and Walker's at all, and I did not write that request.</p>
<p>
<hi rend="smallCaps">
<rs id="t18730203-175-verdict-1" type="verdictDescription">
<interp inst="t18730203-175-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18730203-175-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18730203-175-punishment-19" type="punishmentDescription">
<interp inst="t18730203-175-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18730203-175-punishment-19" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-175-18730203 t18730203-175-punishment-19"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18730203-176">
<interp inst="t18730203-176" type="uri" value="sessionsPapers/18730203"/>
<interp inst="t18730203-176" type="date" value="18730203"/>
<join result="criminalCharge" id="t18730203-176-charge-1" targOrder="Y" targets="def1-176-18730203 t18730203-176-offence-1 t18730203-176-verdict-1"/>
<join result="criminalCharge" id="t18730203-176-charge-2" targOrder="Y" targets="def2-176-18730203 t18730203-176-offence-1 t18730203-176-verdict-1"/>
<p>176.
<persName id="def1-176-18730203" type="defendantName">
<interp inst="def1-176-18730203" type="gender" value="male"/>
<interp inst="def1-176-18730203" type="age" value="21"/>
<interp inst="def1-176-18730203" type="surname" value="DRAPER"/>
<interp inst="def1-176-18730203" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS DRAPER</hi> (21)</persName>, and
<persName id="def2-176-18730203" type="defendantName">
<interp inst="def2-176-18730203" type="gender" value="male"/>
<interp inst="def2-176-18730203" type="age" value="19"/>
<interp inst="def2-176-18730203" type="surname" value="DRAPER"/>
<interp inst="def2-176-18730203" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES DRAPER</hi> (19)</persName>
<rs id="t18730203-176-offence-1" type="offenceDescription">
<interp inst="t18730203-176-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18730203-176-offence-1" type="offenceSubcategory" value="animalTheft"/>, Stealing a tame duck, the property of
<persName id="t18730203-name-129" type="victimName">
<interp inst="t18730203-name-129" type="gender" value="male"/>
<interp inst="t18730203-name-129" type="surname" value="HUDGEL"/>
<interp inst="t18730203-name-129" type="given" value="NATHANIEL"/>
<interp inst="t18730203-name-129" type="occupation" value="publican"/>
<join result="offenceVictim" targOrder="Y" targets="t18730203-176-offence-1 t18730203-name-129"/>Nathaniel Hudgel</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MR. POLAND</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. MONTAGU WILLIAMS</hi>
<hi rend="italic">the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-130" type="witnessName">
<interp inst="t18730203-name-130" type="gender" value="male"/>
<interp inst="t18730203-name-130" type="surname" value="HUDGEL"/>
<interp inst="t18730203-name-130" type="given" value="NATHANIEL"/>NATHANIEL HUDGEL</persName> </hi>. I keep the Swan, Golder's Green, Hendon—on 11th January I had four ducks on my pond, within a few yards of my house, worth 4
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. each—I fed them at 8 that morning, and did not see them all day, or the next day, or Sunday; but at 3 o'clock, Sunday afternoon, I heard them making a noise, went out, and found three of them in the road; one was struggling for life, and bleeding from the neck, and the fourth was gone—I saw the prisoners there—the younger one was picking up a stick within a few yards
<hi rend="italic">of</hi> where the duck was lying—he ran away directly—the elder prisoner was on the footpath, twelve yards off; he walked in the same direction as the other—I picked up the duck and found it was hurt—the missing duck was shown to me next day; it was mine—I noticed the younger prisoner's left arm was hugging to his side, as if he had something under his coat which he was afraid of letting fall.</p>
<p>
<hi rend="italic">Cross-examined.</hi> The missing duck was found in a ditch, and was produced before the Magistrate on the first occasions—it was not in a handkerchief then, and not a word was said about its being in a handker
<lb/>chief with the boy's initials on it, but on the second occasion, a week after the handkerchief was produced—I did not try whether the duck would go into the handkerchief—I never had it in my hand—I know it by a peculiar mark on it, and have no doubt it was mine—I did not attempt to go after the elder prisoner—I went to the police at once.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-131" type="witnessName">
<interp inst="t18730203-name-131" type="gender" value="male"/>
<interp inst="t18730203-name-131" type="surname" value="AMBROSE"/>
<interp inst="t18730203-name-131" type="given" value="GEORGE"/>GEORGE AMBROSE</persName> </hi>. I am a labourer—on this Sunday afternoon, about 3 o'clock, I was at the Swan at Hendon, and saw the prisoners—the the younger one chucked a brown stick at a duck and missed it; he chucked it again and knocked the duck down—Mr. Hudgel came out, and</p>
<xptr type="pageFacsimile" doc="187302030028"/>
<p>the younger one ran away after picking up the stick, and the elder one walked along the path.</p>
<p>
<hi rend="italic">Cross-examined.</hi> When the stick was thrown there were only three ducks, and after that only two—I did not see anything under the younger pri
<lb/>soner's arm when he ran away.</p>
<p>
<hi rend="italic">Re-examined.</hi> He had his stick, but I think he had nothing else.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-132" type="witnessName">
<interp inst="t18730203-name-132" type="gender" value="male"/>
<interp inst="t18730203-name-132" type="surname" value="FLEMIN"/>
<interp inst="t18730203-name-132" type="given" value="HENRY"/>HENRY FLEMIN</persName> </hi>. I am a baker—I saw the younger prisoner pick up a stick—I was in front of him, and did not see what he did with it—I after
<lb/>wards followed him to Mr. Trevelyan's farm—he carried his arm in this way, as if he had something under it—I saw him put a dog over Mr. Trevelyan's palings—that is half a mile from the Swan—I saw Mr. Trevelyan there.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I heard the duck halloa, turned round and saw him picking up the stick—he could carry a duck under his arm without my seeing it—he wore a dark coat, not the same he has now on—if another witness swears it is the same coat, he makes a mistake—the ducks were different colours—one was a drake—I only saw three, and one of them was killed—I saw no vestige of feathers or blood about the younger prisoner, because he ran past me like a shot—he wore a dark coat, the same cut as mine.</p>
<p>
<hi rend="italic">Prisoner James Draper</hi>, This is the coat I had on.
<hi rend="italic">Witness.</hi> I will swear it is not.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-133" type="witnessName">
<interp inst="t18730203-name-133" type="gender" value="male"/>
<interp inst="t18730203-name-133" type="surname" value="BARRETT"/>
<interp inst="t18730203-name-133" type="given" value="FREDERICK"/>FREDERICK BARRETT</persName> </hi> (
<hi rend="italic">Policeman S</hi> 95). On Sunday, 12th January, I was on duty near the Swan at 10 o'clock, and saw four ducks on the pond—I had often seen them before, and knew them as Mr. Hudgel's.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-134" type="witnessName">
<interp inst="t18730203-name-134" type="gender" value="male"/>
<interp inst="t18730203-name-134" type="surname" value="SHARMAN"/>
<interp inst="t18730203-name-134" type="given" value="HARRY"/>HARRY SHARMAN</persName> </hi>. I am a farmer, of (adder's Green—on Monday, 13th January, I found a duck tied up in a handkerchief, in a ditch in one of my fields—it was afterwards produced before the Magistrate—there was a remand for a week, and after that I found the name "J. Draper "on the handkerchief—I gave it to the officer, and it was produced on the second occasion—the field is 500 or 600 yards from the road—there is no public way through it—I pointed out to young Mr. Trevelyan where I found the duck, and he pointed out to me where the assault took place—it was in the same field—the two places were 150 yards apart.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I am aware that, after this, there was an altercation between the prisoners and the two young Trevelyans, and that there is a charge of assault hanging over them—I don't believe I said anything about finding the duck tied up in a handkerchief on the first occasion, but I did on the second, which was two or three days after I think—I said a girl in my employ had washed it—she is not here—she is still in my employ—I was not asked by any one before as to who washed it—she took it and washed it.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> How do you know it was the same handkerchief?
<hi rend="italic">A.</hi> I did not see the name on it before it was washed, but I did after—I have no doubt it was the same.</p>
<p>
<hi rend="smallCaps">MR. WILLIAMS</hi>.
<hi rend="italic">Q.</hi> Was the younger prisoner in your service some time ago?
<hi rend="italic">A.</hi> Yes—he left without giving me notice, and behaved very unhandsome about it—he went into Mr. Tooley's service, whom I threatened with proceedings—I turned the duck out of the handkerchief, and threw it aside as a dirty rag, it being wet and dirty, and the servant took it.</p>
<p>
<hi rend="italic">Re-examined.</hi> It was a white handkerchief—I untied one end only—the officer Jarman came to me to make inquiries about it between the two</p>
<xptr type="pageFacsimile" doc="187302030029"/>
<p>examinations, and I went indoors and asked my servant, and she gave it me—it was then wet, it had not been finished washing—I gave it wet to the detective, and then I saw a name on it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-135" type="witnessName">
<interp inst="t18730203-name-135" type="gender" value="male"/>
<interp inst="t18730203-name-135" type="surname" value="JARMAN"/>
<interp inst="t18730203-name-135" type="given" value="JOHN"/>JOHN JARMAN</persName> </hi> (
<hi rend="italic">Detective Officer</hi>). After the first remand I made inquiries at Mr. Shaman's, who produced this handkerchief, wet—I dried it, and produced it before the Magistrate—I know the prisoners' father; he is a hawker of fowls.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I have known the father four months.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-136" type="witnessName">
<interp inst="t18730203-name-136" type="gender" value="male"/>
<interp inst="t18730203-name-136" type="surname" value="TREVELYAN"/>
<interp inst="t18730203-name-136" type="given" value="WILLOUGHBY FENWICK"/>WILLOUGHBY FENWICK TREVELYAN</persName> </hi>. I live with my father at the Oaks, at Hendon—on Sunday, 12th January, I was in the garden, and saw one of the prisoners, I cannot say which, leaning over the fence—there was a dog inside—my father came up—I did not see anything done to my younger brother, but we followed the prisoners for about a mile; they turned off, and went across three fields—when they got to Mr. Sharman's field, I turned through a gap, and my brother joined me—the elder prisoner said "What are you coming after us for?" and knocked my brother down, and sat on the back of his head—I went to assist him, and the younger prisoner, I believe, knocked me down, for I found him on the top of me—he caught me round the neck, and nearly
<hi rend="italic">throttled</hi> me—they then went away—I said to my brother "I know one of them;" that was the younger one—one of them went on one side and the other on the other side of the hedge where the duck was found.</p>
<p>
<hi rend="italic">Cross-examined.</hi> My brother was on the same side of the hedge as the younger prisoner, and he would be the person to see if he dropped anything—I think I should have seen the duck if he had it under his coat when I lad the scuffle with him—I don't remember whether that is the coat he had on, as we had not much time to look at them because they were soon on us—there was half a mile of road before we got to the fields—I lost sight of; hem as they got to the fields—I could not see their dress, as I was 100 yards behind.</p>
<p>
<hi rend="italic">Re-examined.</hi> Immediately they faced round, the big one knocked my brother down, and I hit at him, and then I don't know what happened.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-137" type="witnessName">
<interp inst="t18730203-name-137" type="gender" value="male"/>
<interp inst="t18730203-name-137" type="surname" value="TREVELYAN"/>
<interp inst="t18730203-name-137" type="given" value="WALTER BLACKET"/>WALTER BLACKET TREVELYAN</persName> </hi>. I was in the garden on this Sunday afternoon, and saw a dog inside, and, at the gate, the younger prisoner truck me on the chest, and used bad language—I slammed the gate in his face, and he threw stones at me—my brother and I followed them some distanee into the fields, and, in Mr. Sharman's field, they turned round and faced us—the elder one struck me down, and I was very much cut about the head.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I noticed nothing bulky about the younger prisoner when he struck me at my father's gate—we followed them about three quarters of a mile, but I did not look at him to see whether he took a duck out of his pocket.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Do you think he could have wrapped the duck in a hand
<lb/>kerchief without your seeing it?
<hi rend="italic">A.</hi> He might—I was sometimes on one side of the hedge and sometimes on the other.</p>
<p>
<hi rend="smallCaps">THOMAS SERJEANT</hi> (
<hi rend="italic">Detective Officer</hi>). On 13th January I took the younger prisoner in Lambs Conduit Street, at a poulterer's, where he was employed—I told him I should take him for stealing a duck and assaulting two young gentlemen named Trevelyan—he said, "I know nothing of the duck; I was at Hendon with my brother and the two young Trevelyans followed us across the fields; one of them struck me and I returned the</p>
<xptr type="pageFacsimile" doc="187302030030"/>
<p>blow"—the elder prisoner surrendered himself on the Tuesday morning, and they were both charged before the Magistrate.</p>
<p>
<hi rend="italic">The prisoners received good characters.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18730203-176-verdict-1" type="verdictDescription">
<interp inst="t18730203-176-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18730203-176-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18730203-177">
<interp inst="t18730203-177" type="uri" value="sessionsPapers/18730203"/>
<interp inst="t18730203-177" type="date" value="18730203"/>
<join result="criminalCharge" id="t18730203-177-charge-1" targOrder="Y" targets="def1-177-18730203 t18730203-177-offence-1 t18730203-177-verdict-1"/>
<join result="criminalCharge" id="t18730203-177-charge-2" targOrder="Y" targets="def2-177-18730203 t18730203-177-offence-1 t18730203-177-verdict-1"/>
<p>177.
<persName id="def1-177-18730203" type="defendantName">
<interp inst="def1-177-18730203" type="gender" value="male"/>
<interp inst="def1-177-18730203" type="age" value="21"/>
<interp inst="def1-177-18730203" type="surname" value="DRAPER"/>
<interp inst="def1-177-18730203" type="given" value="HENRY THOMAS"/>
<hi rend="largeCaps">HENRY THOMAS DRAPER</hi> </persName> and
<persName id="def2-177-18730203" type="defendantName">
<interp inst="def2-177-18730203" type="gender" value="male"/>
<interp inst="def2-177-18730203" type="age" value="19"/>
<interp inst="def2-177-18730203" type="surname" value="DRAPER"/>
<interp inst="def2-177-18730203" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES DRAPER</hi> </persName> were again indicted for
<rs id="t18730203-177-offence-1" type="offenceDescription">
<interp inst="t18730203-177-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18730203-177-offence-1" type="offenceSubcategory" value="wounding"/> feloniously cutting and wounding
<persName id="t18730203-name-140" type="victimName">
<interp inst="t18730203-name-140" type="gender" value="male"/>
<interp inst="t18730203-name-140" type="surname" value="TREVELYAN"/>
<interp inst="t18730203-name-140" type="given" value="WALTER BLACKET"/>
<join result="offenceVictim" targOrder="Y" targets="t18730203-177-offence-1 t18730203-name-140"/>Walter Blacket Trevelyan</persName>, with intent to do him some grievous bodily harm.</rs> </p>
<p>
<hi rend="smallCaps">MR. POLAND</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. WILLIAMS</hi>
<hi rend="italic">the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-141" type="witnessName">
<interp inst="t18730203-name-141" type="gender" value="male"/>
<interp inst="t18730203-name-141" type="surname" value="TREVELYAN"/>
<interp inst="t18730203-name-141" type="given" value="WALTER BLACKBTT"/>WALTER BLACKBTT TREVELYAN</persName> </hi>. My mother was in the garden, and asked the younger prisoner whose dog it was—he said, "Not yours," and said that we had better come and put it out ourselves—he whistled, and I went outside the gate to see who he was whistling to—he called me a b----r, and put one foot inside the gate, and he struck, me on my chest—he took his foot out, and I closed the gate in his face—he went round where he had been before, and threw stones at me—he got over the fence—my father and younger brother came up and he went back again—my brother and I went out and followed the prisoners to Sharman's field; my brother had this cane—I was felled to the ground, but did not see who by, as I was not looking at the time—it struck me on the back of my head—I was stunned for a few seconds, and then found the elder prisoner on top of me beating me about the face and head with his fists—I told him he was a coward—I heard my brother call "Peace," and the younger prisoner came and pulled the elder prisoner off me—I got up, and found my head bleeding and my nose also, and I was injured about the eyes—these are my clothes and shirt, they are stained with my blood, and this is my hat; the brim was broken by the blow and the crown was knocked in—these are my waistcoat and collar (
<hi rend="italic">both stained with blood</hi>)—the prisoners went away—we heard a man calling to us behind, but found it was a friend, and turned round and went after the prisoners again—I went to the Spaniards and washed, and Dr. Rose attended me—I was kept in the house for a week—I had told the younger prisoner at the gate that I would give him into custody.</p>
<p>
<hi rend="italic">Cross-examined.</hi> My brother said to me "I know one of them;" that was, I should think, in the prisoners' hearing—my brother said, "That is all right"—I did not see that the prisoners' clothes were covered with mud from top to bottom; I went off as fast as I could—my brother went into the house to fetch the stick before we started—I did not see a stick in the hands of either of the prisoners—I was struck on the back of my head and turned right round, and fell on my back—there was a gate by—I will swear I did not strike my head against the gate, or I should have felt it—I was about 6 yards from the gate when I got up—I did not see my brother use his stick when he called out "Peace"—I do not know that he used his stick; I did not see him interfere in any way—the friend who called to us was a man my brother knew, I think his name is Goldsmith—he used to be a coachman—he came as a friend to us to assist us after the assault—he is not here—my mother sent him after us to bring us back—he lives at Golder's Green—my mother and father did not approve of our going.</p>
<p>
<hi rend="italic">Re-examined.</hi> Goldsmith may have seen part of the assault; I cannot tell—I saw him when he called me—I was bleeding then.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-142" type="witnessName">
<interp inst="t18730203-name-142" type="gender" value="male"/>
<interp inst="t18730203-name-142" type="surname" value="TREVELYAN"/>
<interp inst="t18730203-name-142" type="given" value="WILLOUGHBY FENWICK"/>WILLOUGHBY FENWICK TREVELYAN</persName> </hi>. I am sixteen years old—I saw one of the prisoners in the garden—we agreed to go after them, and I went into the house and changed my hat, and got a stick—my brother had no stick—we followed the prisoners to Mr. Sharman's field, where there are</p>
<xptr type="pageFacsimile" doc="187302030031"/>
<p>two gate-posts, and it is very thick in mud—I said I knew one of them, and the big one said, "What are you coming after us for?" and he took about two strides forward, and struck my brother on the head with a stick, and he fell—I hit the elder prisoner with my stick, and then I don't know what happened, for in a moment I found myself on the ground, and the younger prisoner on top of me; he caught me round the neck, and squeezed me very tight, and left two marks, which were there when I was before the Magistrate—when he was on me he beat me, and I had a black eye, and he struck me on the head—I struggled with him, and got on top of him, and then I asked him if he would
<hi rend="italic">shut up</hi>—he let me get up, and then he knocked me down again and sat on me, and knocked me about—I cried, "Peace, peace," and he let me get up—I then saw the elder prisoner sitting on my brother's chest, hitting him hard—I asked him if he would get off, but he did not seem to hear me; the younger prisoner then pulled his brother off, and said, "Now then,
<hi rend="italic">Jim</hi>, you must come on now"—I never saw a stick in James Draper's hands after the first blow, but I dis
<lb/>tinctly saw it then—it was like a briar with the root on, but I could not see it distinctly—the younger one picked up my stick and gave it to me, and I saw my brother bleeding from the head and nose—I heard somebody calling behind—I did not know the man before, but he is the husband of a woman who washed for my mother—another man came up afterwards—I bled from my nose and neck—my brother went to a public-house and was washed; we then went to the police-station.</p>
<p>
<hi rend="italic">Cross-examined.</hi> Goldsmith was sent instead of the gardener, who was not in—they live in the same house—my brother fell a yard from the gate
<lb/>posts—I cannot tell if he fell more than once—when I said, "Will you shut up?" I had had a good deal more than enough—it was not until I struck his brother with a stick that he touched me at all—I fetched my stick because I generally carry it, and I had a little foreboding that some
<lb/>thing might happen.</p>
<p>
<hi rend="italic">Re-examined.</hi> The assault was all over when Goldsmith came up; he took no part in it whatever—one of my eyes was quite black, and I had a bruise over the other, and on my eyebrow and neck.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-143" type="witnessName">
<interp inst="t18730203-name-143" type="gender" value="male"/>
<interp inst="t18730203-name-143" type="surname" value="ROSE"/>
<interp inst="t18730203-name-143" type="given" value="HENRY COOPER"/>HENRY COOPER ROSE</persName> </hi>, M.R.C.S. I practise at Hampstead—on 13th January I examined Walter Trevelyan, my assistant having seen him the day before—I found a contused wound on the right side of his forehead and over his right ear; he seemed to be suffering from the shock, and was feeble either from the shock or from loss of blood—the wound went down to the membrane covering the brain—a fist could not have caused the wounds, but it might have caused the bruises which were on his face—the injuries might have been inflicted with any blunt instrument—he was not able to leave the house for some days—there may have been two or three grazing wounds of the skin, but only one positive wound—he is all right now.</p>
<p>
<hi rend="italic">Cross-examined.</hi> A fall against a gate-post might have caused it.</p>
<p>
<hi rend="smallCaps">
<rs id="t18730203-177-verdict-1" type="verdictDescription">
<interp inst="t18730203-177-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18730203-177-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18730203-178">
<interp inst="t18730203-178" type="uri" value="sessionsPapers/18730203"/>
<interp inst="t18730203-178" type="date" value="18730203"/>
<join result="criminalCharge" id="t18730203-178-charge-1" targOrder="Y" targets="def1-178-18730203 t18730203-178-offence-1 t18730203-178-verdict-1"/>
<p>178.
<persName id="def1-178-18730203" type="defendantName">
<interp inst="def1-178-18730203" type="gender" value="male"/>
<interp inst="def1-178-18730203" type="age" value="21"/>
<interp inst="def1-178-18730203" type="surname" value="DRAPER"/>
<interp inst="def1-178-18730203" type="given" value="THOMAS HENRY"/>
<hi rend="largeCaps">THOMAS HENRY DRAPER</hi> </persName> was again indicted
<rs id="t18730203-178-offence-1" type="offenceDescription">
<interp inst="t18730203-178-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18730203-178-offence-1" type="offenceSubcategory" value="assault"/> for feloniously assaulting
<persName id="t18730203-name-145" type="victimName">
<interp inst="t18730203-name-145" type="gender" value="male"/>
<interp inst="t18730203-name-145" type="surname" value="TREVELYAN"/>
<interp inst="t18730203-name-145" type="given" value="WILLOUGHBY FENWICK"/>
<join result="offenceVictim" targOrder="Y" targets="t18730203-178-offence-1 t18730203-name-145"/>Willoughby Fenwick Trevelyan</persName>, with intent to do him grievous bodily harm.</rs> </p>
<p>
<hi rend="smallCaps">MR. POLAND</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>
<hi rend="italic">the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-146" type="witnessName">
<interp inst="t18730203-name-146" type="gender" value="male"/>
<interp inst="t18730203-name-146" type="surname" value="TREVELYAN"/>
<interp inst="t18730203-name-146" type="given" value="WILLOUGHBY FENWICK"/>WILLOUGHBY FENWICK TREVELYAN</persName> </hi>
<hi rend="italic">repeated his former evidence.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18730203-178-verdict-1" type="verdictDescription">
<interp inst="t18730203-178-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18730203-178-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<xptr type="pageFacsimile" doc="187302030032"/>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, February</hi> 5, 1873.</p>
<p>
<hi rend="italic">Before Mr. Justice Lush.</hi> </p>
<div1 type="trialAccount" id="t18730203-179">
<interp inst="t18730203-179" type="uri" value="sessionsPapers/18730203"/>
<interp inst="t18730203-179" type="date" value="18730203"/>
<join result="criminalCharge" id="t18730203-179-charge-1" targOrder="Y" targets="def1-179-18730203 t18730203-179-offence-1 t18730203-179-verdict-1"/>
<p>179.
<persName id="def1-179-18730203" type="defendantName">
<interp inst="def1-179-18730203" type="gender" value="male"/>
<interp inst="def1-179-18730203" type="surname" value="SOBOLSKI"/>
<interp inst="def1-179-18730203" type="given" value="ANDREW"/>
<hi rend="largeCaps">ANDREW SOBOLSKI</hi> </persName>
<rs id="t18730203-179-offence-1" type="offenceDescription">
<interp inst="t18730203-179-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18730203-179-offence-1" type="offenceSubcategory" value="sodomy"/>, B—g—y.</rs> </p>
<p>
<hi rend="smallCaps">MR. ST. AUBYN</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18730203-179-verdict-1" type="verdictDescription">
<interp inst="t18730203-179-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18730203-179-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18730203-179-punishment-20" type="punishmentDescription">
<interp inst="t18730203-179-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18730203-179-punishment-20" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-179-18730203 t18730203-179-punishment-20"/>Ten Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18730203-180">
<interp inst="t18730203-180" type="uri" value="sessionsPapers/18730203"/>
<interp inst="t18730203-180" type="date" value="18730203"/>
<join result="criminalCharge" id="t18730203-180-charge-1" targOrder="Y" targets="def1-180-18730203 t18730203-180-offence-1 t18730203-180-verdict-1"/>
<p>180.
<persName id="def1-180-18730203" type="defendantName">
<interp inst="def1-180-18730203" type="gender" value="male"/>
<interp inst="def1-180-18730203" type="age" value="18"/>
<interp inst="def1-180-18730203" type="surname" value="WILLIAMS"/>
<interp inst="def1-180-18730203" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK WILLIAMS</hi> (18)</persName>
<rs id="t18730203-180-offence-1" type="offenceDescription">
<interp inst="t18730203-180-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18730203-180-offence-1" type="offenceSubcategory" value="rape"/>, Feloniously carnally knowing and abusing
<persName id="t18730203-name-149" type="victimName">
<interp inst="t18730203-name-149" type="gender" value="female"/>
<interp inst="t18730203-name-149" type="age" value="7"/>
<interp inst="t18730203-name-149" type="surname" value="WADLOW"/>
<interp inst="t18730203-name-149" type="given" value="HANNAH"/>
<join result="offenceVictim" targOrder="Y" targets="t18730203-180-offence-1 t18730203-name-149"/>Hannah Wadlow</persName>, aged seven.</rs> </p>
<p>
<hi rend="smallCaps">MR. ST. AUBYN</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. WARNER SLEIGH</hi>
<hi rend="italic">the Defence.</hi> </p>
<p>
<rs id="t18730203-180-verdict-1" type="verdictDescription">
<interp inst="t18730203-180-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18730203-180-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of the attempt.—</hi> </rs>
<hi rend="italic">
<rs id="t18730203-180-punishment-21" type="punishmentDescription">
<interp inst="t18730203-180-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18730203-180-punishment-21" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-180-18730203 t18730203-180-punishment-21"/>Eighteen Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18730203-181">
<interp inst="t18730203-181" type="uri" value="sessionsPapers/18730203"/>
<interp inst="t18730203-181" type="date" value="18730203"/>
<join result="criminalCharge" id="t18730203-181-charge-1" targOrder="Y" targets="def1-181-18730203 t18730203-181-offence-1 t18730203-181-verdict-1"/>
<p>181.
<persName id="def1-181-18730203" type="defendantName">
<interp inst="def1-181-18730203" type="gender" value="male"/>
<interp inst="def1-181-18730203" type="age" value="42"/>
<interp inst="def1-181-18730203" type="surname" value="BOULTER"/>
<interp inst="def1-181-18730203" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES BOULTER</hi> (42)</persName>
<rs id="t18730203-181-offence-1" type="offenceDescription">
<interp inst="t18730203-181-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18730203-181-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously wounding
<persName id="t18730203-name-151" type="victimName">
<interp inst="t18730203-name-151" type="gender" value="male"/>
<interp inst="t18730203-name-151" type="surname" value="THOMAS"/>
<interp inst="t18730203-name-151" type="given" value="GEORGE"/>
<interp inst="t18730203-name-151" type="occupation" value="surgeon's assistant"/>
<join result="offenceVictim" targOrder="Y" targets="t18730203-181-offence-1 t18730203-name-151"/>George Thomas</persName>, with intent to do him grievous bodily harm.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. POLAND</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">BEASLEY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-152" type="witnessName">
<interp inst="t18730203-name-152" type="gender" value="male"/>
<interp inst="t18730203-name-152" type="surname" value="THOMAS"/>
<interp inst="t18730203-name-152" type="given" value="GEORGE"/>GEORGE THOMAS</persName> </hi>. I am assistant to Dr. Blackman, a surgeon, of 18 High Street, Whitechapel—on Wednesday evening, 8th January, abou' 6 o'clock, I was in the back surgery having my tea; the boy, William Fayers was in the front surgery—the prisoner came in, walked round my back, and sat himself down by the side of the fire—he was an entire stranger to me—I spoke to him—I said, "Good day," he made no reply; then, thinking, perhaps, that he was a patient I had forgotten, I said, "How do you do?"—he immediately got up, and said, "That's it," and walked away, passing round the back of my chair into the front surgery—I then went on with my tea, but on looking round a moment or two after I saw him standing at my desk in the front surgery overlooking my books—I called to him, and said it was not customary to allow strangers to look over our accounts—he immediately moved away to the front of the counter, at the back of which the boy was placing a number of bottles in a cupboard—I heard a crash of bottles, and looking into the front surgery I saw that the prisoner had driven four or five dozen bottles off the counter—as I got up, the boy ran to me and said, "He has stabbed me, sir"—I told him to go and fetch a policeman—in passing from the back surgery into the front the prisoner overtook me, and he immediately began stabbing me, although I did not feel the knife in the first instance—he stabbed me in two places on the right breast and then on the left—the third time he stabbed me I saw the blade of the knife; I could not see the handle, as he had that in his hand—it was a pen knife—the blade was about two or three inches long—I received five stabs, one in the arm and one through the hand, which I think I received as I struck my hand up to knock the knife out of his hand—I had a desperate struggle with him in the passage—he ultimately broke away from me, and ran into the back surgery, apparently to get the fire
<lb/>irons—instead of taking up the poker he took up the top bar of the grate where the fire was burning, and pulled it off—the moment I found him in the back surgery I closed the door on him, and kept him there at bay as far as I possibly could—it is a glass door, with short blinds—he immediately knocked the blinds all to pieces and broke four or five squares of glass, and attempted to stab me through the broken window, but I kept out of his reach—he tried to open the door, but, I suppose from his hands being burnt, he could not turn the handle; I had not locked it—this state of things continued until the police arrived—I lost a great deal of blood, so much so that I became unconscious, and do not remember anything more that took</p>
<xptr type="pageFacsimile" doc="187302030033"/>
<p>place—the wounds were all punctured wounds—they were serious, and very alarming, although not in their effects; I think the smallness of the knife was my safety, and the thickness of my clothes—it went through several folds of my clothes; through my coat, waistcoat, flannel shirt, and shirt into my chest—I have not yet quite recovered from the effects of the wounds, but I think they are progressing well.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did he say anything whilst this was going on?
<hi rend="italic">A.</hi> No, I did not notice his look or expression, I had no time; it was done so momentarily—I think I came to myself before he was taken away—they had him on the sofa—they had a great deal of difficulty in getting him away—I could not form any opinion of his state of mind; I should think he must have been insane—this (
<hi rend="italic">produced</hi>) is the knife.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-153" type="witnessName">
<interp inst="t18730203-name-153" type="gender" value="female"/>
<interp inst="t18730203-name-153" type="surname" value="GLASS"/>
<interp inst="t18730203-name-153" type="given" value="EMMA"/>EMMA GLASS</persName> </hi>. I am the wife of Donald Glass—I lodge at Dr. Black
<lb/>man's—on the evening of 8th January I heard a noise, and went down stairs—I saw the prisoner and Mr. Thomas struggling together in the passage—the prisoner was raving, and swearing, and halloaing—he said, "Hell is opening, hell is opening; will none of you speak, will none of you speak!"—I saw him lay hold of the grate—the polios came and took him away—he was in a very excited, violent state—I saw him stab himself—he laid the knife on the table, undid his shirt, and stabbed himself in the pit of the chest.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-154" type="witnessName">
<interp inst="t18730203-name-154" type="gender" value="male"/>
<interp inst="t18730203-name-154" type="surname" value="HOSKINS"/>
<interp inst="t18730203-name-154" type="given" value="CHARLES"/>CHARLES HOSKINS</persName> </hi> (
<hi rend="italic">Policeman H</hi> 107). On 8th January I was sent for to Dr. Blackman's, and with the assistance of another constable I threw the prisoner on the sofa, and took this knife from him—I sent for handcuffs and handcuffed him—at the station he said "What do you keep the hand
<lb/>cuffs on for now?"—I said "For fear you may hurt yourself again"—he said "I have not hurt any one else, have It if I have I am very sorry for it"—the police-surgeon was sent for, and in consequence of what he said, I took the prisoner to the workhouse to be taken care of—on the way to the workhouse he said "It is coming on again," and threw his arms out—we then put the handcuffs on him again—they had been taken off—he was not violent after that—he made no resistance to the handcuffs being put on again, I rather understood that he wished them put on.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-155" type="witnessName">
<interp inst="t18730203-name-155" type="gender" value="male"/>
<interp inst="t18730203-name-155" type="surname" value="STIRLING"/>
<interp inst="t18730203-name-155" type="given" value="WILLIAM BOWTON"/>WILLIAM BOWTON STIRLING</persName> </hi>. I am a surgeon, of 86, High-street, White
<lb/>chapel, close to Dr. Blackman's—on the evening of 8th January I was called in to Dr. Blackman's surgery—I found Mr. Thomas there and the boy Fayers—Mr. Thomas was suffering from wounds in the chest and arm—they might be produced by a knife like this—the boy had a very slight wound; it had just cut the skin—I saw the prisoner there—I was there when he was taken by the police—it was very difficult to take him—four or five policemen were there—I examined him a few minutes after they had got him to the station, not with a view to ascertain the state of his mind, but for his wounds—he was stabbed in the belly, and his hands were in a frightful state—the little finger was nearly off, the flesh was severed completely round and burnt—I had very little chance of judging of his mental con
<lb/>dition—he scarcely spoke—I did not see him afterwards, only for a few moments, while I attended to his wounds.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-156" type="witnessName">
<interp inst="t18730203-name-156" type="gender" value="male"/>
<interp inst="t18730203-name-156" type="surname" value="PHILLIPS"/>
<interp inst="t18730203-name-156" type="given" value="GEORGE BAXTER"/>GEORGE BAXTER PHILLIPS</persName> </hi>. I am divisonal surgeon to the H Divison of Police—I was called to the Leman Street station to see the prisoner some time in the evening—he was in a very excited state, but had got considerable control over his excitement at that time—his hand was very severely burnt, and he had two skin wounds in the walls of the abdomen—in my opinion</p>
<xptr type="pageFacsimile" doc="187302030034"/>
<p>he was not of sound mind at that time—he had considerable reasoning faculty, and talked very quietly and calmly to me, but he was evidently labouring under mental disease, which would render him liable to paroxysms of mania—he was in my opinion then suffering from mania—I ordered his removal to the lunatic ward of the Whitechapel Workhouse—assuming the facts to be true, he was, undoubtedly, then of unsound mind—I believe he had no control over his actions.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-157" type="witnessName">
<interp inst="t18730203-name-157" type="gender" value="male"/>
<interp inst="t18730203-name-157" type="surname" value="SMILES"/>
<interp inst="t18730203-name-157" type="given" value="WILLIAM"/>WILLIAM SMILES</persName> </hi>. I am surgeon of the House of Detention—the prisoner was under my care there for nearly a fortnight—I saw him from day to day—I think he was labouring under mania—he was getting more sensible the last day or two before he was removed to Newgate, but I did not consider he was quite right then—he was improving.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-158" type="witnessName">
<interp inst="t18730203-name-158" type="gender" value="male"/>
<interp inst="t18730203-name-158" type="surname" value="GIBSON"/>
<interp inst="t18730203-name-158" type="given" value="JOHN ROWLAND"/>JOHN ROWLAND GIBSON</persName> </hi>. I am surgeon to Her Majesty's Gaol of Newgate—I have seen the prisoner since he has been in the gaol—when he first came in I thought he was not quite right in his mind—he has recovered, and is now quite right, but I do not think it would be safe for him to be released at present—he might be liable to a recurrence under excitement—the same cause that produced this attack might produce it again—whilst he is kept away from those influences he may remain calm and collected.</p>
<p>
<hi rend="italic">Prisoner. Q.</hi> From what you have seen of me, do you not think it would be better both for my mental affliction and otherwise that I should be removed to a hospital rather than be kept in a prison?
<hi rend="italic">A.</hi> I think it matters little where you shall be removed; I think it is of great importance that you should be in a quiet position and free from excitement.</p>
<p>
<hi rend="italic">Prisoner.</hi> I feel it a great affliction. I feel calm enough now. I don't think I shall commit any violence. I have recovered my senses for some time past.</p>
<p>
<rs id="t18730203-181-verdict-1" type="verdictDescription">
<interp inst="t18730203-181-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18730203-181-verdict-1" type="verdictSubcategory" value="nonComposMentis"/>
<hi rend="smallCaps">NOT GUILTY</hi>
<hi rend="italic">on the ground of insanity at the time of the commission of the offence—</hi> </rs>
<rs id="t18730203-181-punishment-22" type="punishmentDescription">
<interp inst="t18730203-181-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18730203-181-punishment-22" type="punishmentSubcategory" value="insanity"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-181-18730203 t18730203-181-punishment-22"/>
<hi rend="italic">Ordered to be detained during her Majesty's pleasure.</hi> </rs> </p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday, February</hi> 5, 1873.</p>
<p>
<hi rend="italic">Before Mr. Justice Honeyman.</hi> </p>
<div1 type="trialAccount" id="t18730203-182">
<interp inst="t18730203-182" type="uri" value="sessionsPapers/18730203"/>
<interp inst="t18730203-182" type="date" value="18730203"/>
<join result="criminalCharge" id="t18730203-182-charge-1" targOrder="Y" targets="def1-182-18730203 t18730203-182-offence-1 t18730203-182-verdict-1"/>
<p>182.
<persName id="def1-182-18730203" type="defendantName">
<interp inst="def1-182-18730203" type="gender" value="male"/>
<interp inst="def1-182-18730203" type="age" value="12"/>
<interp inst="def1-182-18730203" type="surname" value="HINCHCLIFF"/>
<interp inst="def1-182-18730203" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM HINCHCLIFF</hi> (12)</persName>
<rs id="t18730203-182-offence-1" type="offenceDescription">
<interp inst="t18730203-182-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18730203-182-offence-1" type="offenceSubcategory" value="wounding"/>, Unlawfully and maliciously ad
<lb/>ministering poison to
<persName id="t18730203-name-160" type="victimName">
<interp inst="t18730203-name-160" type="gender" value="male"/>
<interp inst="t18730203-name-160" type="surname" value="BOWDEN"/>
<interp inst="t18730203-name-160" type="given" value="JOHN"/>
<interp inst="t18730203-name-160" type="occupation" value="assistant master of East London Industrial School"/>
<join result="offenceVictim" targOrder="Y" targets="t18730203-182-offence-1 t18730203-name-160"/>John Bowden</persName>, with intent to injure him.
<hi rend="italic">Second Count</hi>—With intent to aggrieve him.
<hi rend="italic">Third Count</hi>—With intent to annoy him.</rs> </p>
<p>
<hi rend="smallCaps">MR. GRIFFITHS</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-161" type="witnessName">
<interp inst="t18730203-name-161" type="gender" value="male"/>
<interp inst="t18730203-name-161" type="surname" value="BOWDEN"/>
<interp inst="t18730203-name-161" type="given" value="JOHN"/>JOHN BOWDEN</persName> </hi>. I am assistant master of the East London Industrial Schools, and live on the premises, 96, Mansel Street, Goodman's Fields—I teach the pupils brushmaking and paper-bagmaking—I had been unwell three months; I kept my physic in a cupboard in the store-room, which was accessible to the boys, as they kept their slippers there—on Tuesday, 7th January, I took a dose of physic, and found it more bitter than before—on the following Friday I again took a dose, and it caused a dryness in my mouth, and a burning sensation; I looked in the bottle, and saw a white sediment—I at once handed the bottle to Mr. Pitt, the superintendent of the school—I made inquiries in the school, and next day asked the prisoner what he had been doing to my physic—he said he had put part of a white precipitate powder in it, and threw the other away—I asked him about it again on Monday, and he said, "I put the whole of it in"—I spoke</p>
<xptr type="pageFacsimile" doc="187302030035"/>
<p>to Loughton, a non-resident boy, on the Monday, and he made a statement to me—I have had occasion to correct the prisoner for schoolboy tricks, but only once—I took him by the ear, pulled him off a stool, and put him to his work—that was in June; he was then eleven years old—by a sediment in the bottle, I mean a scum floating at the top.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-162" type="witnessName">
<interp inst="t18730203-name-162" type="gender" value="male"/>
<interp inst="t18730203-name-162" type="surname" value="PITT"/>
<interp inst="t18730203-name-162" type="given" value="THOMAS"/>THOMAS PITT</persName> </hi>. I am superintendent of this school—on Friday night, 10th January, Mr. Bowden gave me a bottle of physic, and in consequence of what he said I took it Dr. Sequira in the same state I received it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-163" type="witnessName">
<interp inst="t18730203-name-163" type="gender" value="male"/>
<interp inst="t18730203-name-163" type="surname" value="SEQUIRA"/>
<interp inst="t18730203-name-163" type="given" value="JAMES SCOTT"/>JAMES SCOTT SEQUIRA</persName> </hi>. On Friday night, 10th January, Mr. Pitt brought me a bottle half-full of liquid—I found a precipitate in it, and a deposit, which I examined and found to be white precipitate, ammonia chloride of mercury, that is poison—if the whole had been taken at one dose it would kill a person, but it causes vomiting, and therefore it is its own antidote—it causes a burning sensation in the mouth.</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> What medicine was it?
<hi rend="italic">A.</hi> It appeared to be a tonic, pro
<lb/>bably quinine, by the taste—white precipitate is never taken internally, and therefore it must have been introduced after the medicine was made—the directions outside were, "Two or three tablespoonsful to be taken once daily"—there would be twenty tablespoonsful in the bottle; there was half a pint in it, and two tablespoonsful go to the ounce—it was a wine bottle nearly half full; about ten ounces, that is sufficient for ten doses
<lb/>one dose taken at a time would produce nausea and burning at the throat, but it would not be poisonous; it would not endanger his life, it would temporarily inconvenience him by pain in the bowels—after taking several doses it might have caused salivation.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-164" type="witnessName">
<interp inst="t18730203-name-164" type="gender" value="male"/>
<interp inst="t18730203-name-164" type="surname" value="GIBBONS"/>
<interp inst="t18730203-name-164" type="given" value="JAMES"/>JAMES GIBBONS</persName> </hi>. I am one of the boys in this school—I sleep on the premises—I know the cupboard where the master kept his physic—on Tuesday, 7th January, I saw the prisoner put some lotion in the master's medicine; it was lotion what you bathe your eyes with—on the next Thursday I saw him put some
<hi rend="italic">cypric</hi> powder in—he said, "I have got some
<hi rend="italic">cypric</hi> powder to poison John with"—I am sure he said that; I told the Magistrate so—I went before the Magistrate twice, and I think I said so the first time—I mean that I told the Magistrate he said he did it to poison John.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-165" type="witnessName">
<interp inst="t18730203-name-165" type="gender" value="male"/>
<interp inst="t18730203-name-165" type="surname" value="MARSDEN"/>
<interp inst="t18730203-name-165" type="given" value="WILLIAM"/>WILLIAM MARSDEN</persName> </hi>. I am one of the boys who slept at the school—on 7th January I saw the prisoner put some mixture into Mr. Bowden's medi
<lb/>cine, and the next day, Wednesday, I saw him put some
<hi rend="italic">cypitate</hi> powder into the master's medicine—I know it was
<hi rend="italic">cypitate</hi> powder, because he said, "I have got some
<hi rend="italic">cypitate</hi> powder to poison
<hi rend="italic">Johnnie</hi>"—he said that he sent Loughton out for it—Loughton does not sleep on the premises, but he works there.</p>
<p>
<hi rend="italic">Prisoner.</hi> Loughton gave me the powder, and said, "Don't you put it in," and then Marsden said, "Don't you; give it to me back, and I will put it in.
<hi rend="italic">Witness:</hi> After school he came down and told the boys he had put it in, and he said to Loughton, "It will be all right; I won't tell of you."</p>
<p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Did you think he was going to poison the master?
<hi rend="italic">A.</hi> No, he said he was going to do something to him because he flogged him—I did not tell the master, because I did not like to—I was examined before the Magistrate, and mentioned his saying I have got something for
<hi rend="italic">Johnnie.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-166" type="witnessName">
<interp inst="t18730203-name-166" type="gender" value="male"/>
<interp inst="t18730203-name-166" type="surname" value="PAYNE"/>
<interp inst="t18730203-name-166" type="given" value="THOMAS"/>THOMAS PAYNE</persName> </hi> (
<hi rend="italic">Policeman</hi> 1
<hi rend="italic">H R</hi>). I took the prisoner—I also took Loughton and cautioned him—he made a statement in the prisoner's hearing in the dock at the Thames Police Court; they were standing side by side—he said "Hinchcliff gave me a penny to buy a powder, and told</p>
<xptr type="pageFacsimile" doc="187302030036"/>
<p>me he was going to poison some rats with it"—I don't think he said what powder—he said "I went to Mr. Sequira's and bought the powder of the assistant; I gave the powder to Hinchcliff, and asked him what he was going to do with it; he said ‘We are going to put it into John's medicine;'" and that he said "If I had known you were going to do that I would not have bought it, you had better let me have it back"—he said he was going to do so because he had flogged him—that Loughton said "You had better, let me have it back and I will give you the penny," and that the prisoner said "No," and that Loughton said "If anything happens about it I shall tell"—Loughton said that the prisoner said "You know he has flogged us," and that he said "If there is anything about it I will not be blamed for it; I will tell the master"—after the charge was read over to the prisoner he said "I did do it, but it was John Grant told me to do it," that is the boy who was discharged.</p>
<p>
<rs id="t18730203-182-verdict-1" type="verdictDescription">
<interp inst="t18730203-182-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18730203-182-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">on the Second and Third Counts.</hi> </rs>
<rs id="t18730203-182-punishment-23" type="punishmentDescription">
<interp inst="t18730203-182-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18730203-182-punishment-23" type="punishmentSubcategory" value="otherInstitution"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-182-18730203 t18730203-182-punishment-23"/>
<hi rend="italic">Three Years in Feltham Reformatory.</hi> </rs> (
<hi rend="italic">The bill against Loughton was ignored by the Grand Jury.</hi>)</p> </div1>
<p>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Wednesday, February</hi> 5
<hi rend="italic">th</hi>, 1873.</p>
<p>
<hi rend="italic">Before Mr. Deputy Recorder.</hi> </p>
<div1 type="trialAccount" id="t18730203-183">
<interp inst="t18730203-183" type="uri" value="sessionsPapers/18730203"/>
<interp inst="t18730203-183" type="date" value="18730203"/>
<join result="criminalCharge" id="t18730203-183-charge-1" targOrder="Y" targets="def1-183-18730203 t18730203-183-offence-1 t18730203-183-verdict-1"/>
<p>183.
<persName id="def1-183-18730203" type="defendantName">
<interp inst="def1-183-18730203" type="gender" value="male"/>
<interp inst="def1-183-18730203" type="age" value="43"/>
<interp inst="def1-183-18730203" type="surname" value="BOWLES"/>
<interp inst="def1-183-18730203" type="given" value="ROBERT CALDWELL MACKEY"/>
<hi rend="largeCaps">ROBERT CALDWELL MACKEY BOWLES</hi> (43)</persName>
<rs id="t18730203-183-offence-1" type="offenceDescription">
<interp inst="t18730203-183-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18730203-183-offence-1" type="offenceSubcategory" value="embezzlement"/>, Unlawfully pledging and converting to his own use and benefit certain valuable securities, the property of
<persName id="t18730203-name-168" type="victimName">
<interp inst="t18730203-name-168" type="gender" value="male"/>
<interp inst="t18730203-name-168" type="surname" value="D'AGIOUT"/>
<interp inst="t18730203-name-168" type="given" value="ANTONIO THOMAS"/>
<interp inst="t18730203-name-168" type="occupation" value="banker"/>
<join result="offenceVictim" targOrder="Y" targets="t18730203-183-offence-1 t18730203-name-168"/>Antonio Thomas D'Agiout</persName>,
<persName id="t18730203-name-169" type="victimName">
<interp inst="t18730203-name-169" type="gender" value="female"/>
<interp inst="t18730203-name-169" type="surname" value="GATES"/>
<interp inst="t18730203-name-169" type="given" value="MARIA"/>
<join result="offenceVictim" targOrder="Y" targets="t18730203-183-offence-1 t18730203-name-169"/>Maria Gates</persName>, and
<persName id="t18730203-name-170" type="victimName">
<interp inst="t18730203-name-170" type="gender" value="male"/>
<interp inst="t18730203-name-170" type="surname" value="GARDINER"/>
<interp inst="t18730203-name-170" type="given" value="ROBERT MAY"/>
<join result="offenceVictim" targOrder="Y" targets="t18730203-183-offence-1 t18730203-name-170"/>Robert May Gardiner</persName>, which had been entrusted to him for safe custody.</rs> </p>
<p>
<hi rend="smallCaps">MR. PRICE</hi>, Q.C.,
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. F. H. LEWIS</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. METCALFE</hi>, Q.C.,
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. STRAIGHT</hi>
<hi rend="italic">the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-171" type="witnessName">
<interp inst="t18730203-name-171" type="gender" value="male"/>
<interp inst="t18730203-name-171" type="surname" value="D'AGIOUT"/>
<interp inst="t18730203-name-171" type="given" value="ANTONIO THOMAS"/>ANTONIO THOMAS D'AGIOUT</persName> </hi>. I am a banker, at Naples, one of the firm of Thomas D'Agiout, Père et Fils—in March, 1871,. I knew there was a firm of Bowles Brothers & Co., carrying on business as bankers at 449, Strand, and we were desirous of entering into business negotiations with them for the convenience of drafts—we communicated with them, and received finally this document (
<hi rend="italic">produced</hi>)—in consequence of that We transmitted to them 300 obligations of the Lombardo-Venetian Railway Company—we afterwards withdrew 100, so that, in fact, only 200 were left—these are the bonds (
<hi rend="italic">produced</hi>)—my father brought the bonds over, and made the arrangements with Bowles Brothers & Co.—we never authorised them to deposit or pledge those bonds with the Union Bank—in November, last year, I heard that the firm of Bowles Brothers had stopped payment, and I came to London from Paris for the purpose of making inquiries about the bonds—on 18th November I saw the defendant at the banking-house, in the Strand, and I asked him for the debentures—the first time I saw him he said he must ask his manager where the bonds were, but I had seen Mr. Keith, the manager, before, and he had said they were pledged at the Union Bank—it was after that I saw the defendant, and he said he must ask Mr. Keith where the bonds were—I saw him afterwards on the same day, and he then said he had asked Mr. Keith, and the bonds were pledged at the Union Bank—he said he did not know anything about the business of his house, and only had to do with the luggage and reading-rooms; the luggage of the Americans—I said I was not satisfied with his answer, and that I would come the next day to have an answer, and if he did not give me a good answer, I would go to the justice—I called the next day, and saw the defendant again—he said the same thing, that he had nothing to do with the business of his firm, and that he did not know where the bonds</p>
<xptr type="pageFacsimile" doc="187302030037"/>
<p>were; that his brother Charles and Mr. Appleton had left him in a bad position; that Mr. Appleton's property would be sold, and then I should be paid—he swore to me that he never had anything to do with the business of his house—I answered him, "Mr. Bowles, I do not believe you, because you are a man of forty-three years, and are the chief head of the house, and it is not possible that you do not know the business of your own house"—he became a little angry, and said "Well, it is a felony that has been committed, but you may be sure you will be paid"—I asked him how and when, and he said "I don't know anything about that"—I said "I don't believe you; I will go before a Magistrate"—I obtained a warrant through my solicitor to arrest him.</p>
<p>
<hi rend="italic">Cross-examined.</hi> My father made the arrangement in England, and brought the bonds over with him—he made the arrangement with Mr. Charles Bowles and Mr. Stetson—my father has not come over now, because it was not necessary—I had seen some of the parties in Paris and in Italy before I came over, after the stoppage—I had an account with Mr. Charles Bowles at Nice, and Geneva, and Paris—that was with Charles Bowles alone, in my own name, not in the name of my firm—I knew him personally, and saw him very often—our firm had no transactions with Charles Bowles alone; those transactions were between firm and firm—I knew Charles Bowles about the summer of 1871—there are still unsettled accounts between him and myself—I don't know where he is now—he owes me money—we have not had advances from the London firm, or from the Paris firm, but I drew upon them—those claims are not settled yet—we are not indebted to the Paris house, independently of the bonds; nor to the London house; not at all—when Mr. Robert Bowles said it was a felony that had been committed, he said "I know nothing of your bonds; I had nothing to do with them; but it is a felony that has been committed"—when I came to London I saw Mr. Sullivan first—he is a manager also—I did not ask him about the bonds, because I did not know he was a manager in London—I knew he was manager in Paris—I asked him where I could see Mr. Keith, and I went and saw Mr. Keith—I asked him about the bonds, and he said they were at the Union Bank—I said "But how have you done that?"—he said he was a poor man, and he was obliged to do what his master directed, and I must go to a lawyer; it was not necessary to see Mr. Bowles—I saw Mr. Robert Bowles about ten minutes after that—I asked where my bonds were, and he said "I know nothing about the bonds, but I will ask Mr. Keith"—when I saw him the second time, he said "I have spoken to Mr. Keith, and I find you are right; Mr. Keith says they are at the Union Bank," but I don't recollect whether I had told him what Mr. Keith had said to me—he said "My brother has left me in a bad position; I don't know what is to be done, but I will ask Mr. Keith if something can be done to get your bonds back"—there was a reading-room at the place in the Strand—I found Mr. Keith in the reading-room—I found the defendant on the third floor—I don't know that there was a warrant to take Mr. Keith up; that was after—I have heard that since, and that he cannot be found—there was one for Mr. Sullivan also, but I knew he was gone away, because I saw him in Paris.</p>
<p>
<hi rend="italic">Re-examined.</hi> When I applied for the warrant against the prisoner, Keith and Sullivan were still in London; I heard afterwards they had gene away, and could not be found, and after that I saw Mr. Sullivan in Paris—I had not known the firm previous to the transaction on 18th March, 1871, when my father came over—that was the first transaction we had with the</p>
<xptr type="pageFacsimile" doc="187302030038"/>
<p>firm, it was made by my father, and embodied afterwards in this document—it was in 1871 that I opened an account at Nice between myself and Charles Bowles, after the transaction in March—the negociations that I had with Charles at Nice, Geneva, and Paris were private transactions between him and myself—I don't owe him or the firm at either of these places a shilling—the second time I saw the defendant in November he said he would telegraph to America, and he could get an answer the same night, and I said "I will call to-morrow and have an answer"—he told me the second time the securities were pledged at the Union Bank—he used the word "pledge" to me—he said that ours was a credit of honour, and that he would pay us, he did not care so much about the other creditors, as ours was a credit of honour—I had seen Robert Bowles in Paris at the banking-house previous to my seeing him in London to inquire about these bonds—I saw him every day—I did not transact business with him, but I spoke with him about the business—that was the month that I took away the hundred bonds, February last year—I spoke with him and with Mr. Appleton—I said "As I am in Paris now, we don't want to have 300 bonds with you in London, and I will take 100 with me back to Naples—that was part of the Lombardo-Venetian Bonds—I got the 100 bonds in Paris and took them away—I have never transacted business with Robert Bowles, but I have spoken to him of business.</p>
<p>
<hi rend="smallCaps">MR. METCALFE</hi>.
<hi rend="italic">Q.</hi> Do you really mean to say you saw Mr. Robert Bowles in Paris in February, 1872?
<hi rend="italic">A.</hi> Yes—I know Mr. William Bowles
<lb/>he is generally in Paris, and there is a Mr. Stetson—Mr. William Bowles and Mr. Stetson conducted the Paris part of the business—I don't say that I had the bonds from Mr. Robert Bowles; I had them from the cashier, but I said to him "I have come here, and I will take my hundred bonds," and I went to the Washington Club with him—it was in the bank that I spoke to him about the bonds.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-172" type="witnessName">
<interp inst="t18730203-name-172" type="gender" value="female"/>
<interp inst="t18730203-name-172" type="surname" value="GATES"/>
<interp inst="t18730203-name-172" type="given" value="MARIA"/>MARIA GATES</persName> </hi>. I am a widow—I did reside in Ebury Place, Pimlico—I had known the firm of Bowles Brothers previous to June, 1872—I had done business with Mr. Keith and the prisoner previous to that at the banking-house in the Strand—I had generally seen the defendant in the reading-room—the business I have done with him has been with bills of credit, and I got him to sell a bond for me at one time—in June I had in my possession some bonds of the United States Government for 6,000 dollars, also some Massachusets bonds for 200
<hi rend="italic">l</hi>. sterling and ten South Lombardo-Venetian Central Italian Railway obligations; altogether my bonds were worth nearly 1,000
<hi rend="italic">l</hi>.—towards the latter end of June I took them to Mr. Keith and placed them with him for safe keeping—as he was managing clerk I gave them to him—he asked me to bring the bonds there; he said it was unsafe for me to carry them about with me, and he would place them in an iron safe for safe keeping—this is the receipt he gave me, signed by Keith for Bowles Brothers & Co.—I did not give him, nor any one belonging to the firm, any authority to deal with those bonds in any way; merely for safe keeping—when I was in France I had 60
<hi rend="italic">l</hi>. or 70
<hi rend="italic">l</hi>. in their hands—when I came back I went and asked Mr. Keith to give me 20
<hi rend="italic">l</hi>. as I was going to Brighton—he offered mo 8
<hi rend="italic">l</hi>., he said he was very busy at the time, and I had better take the 8
<hi rend="italic">l</hi>., and when I came from Brighton he would settle our account—he gave me 8
<hi rend="italic">l</hi>.—I went to Brighton—I was there about ten days, and I saw the failure of Bowles Brothers & Co. in the paper—I came up immediately, and went to the banking-house, and saw Mr. Keith—he said ho was very</p>
<xptr type="pageFacsimile" doc="187302030039"/>
<p>sorry—I did not say anything about the bonds at first, because I thought they were all secure—I merely went to get the money—I said afterwards "Will you be kind enough to give me my bonds?" and he said I could not have them at that time—I said "I demand my bonds, where are they?"—he said "I don't know"—I said "You don't mean to say that you don't know where thev are?"—he said "No; but I think they are in the Union Bank"—I asked him by whose authority they were put in the Union Bank—he said "I don't know, but they sent me away, and during my absence they were placed in the Union Bank"—he said he knew nothing at all about it, and I believe he was an innocent man—that was all that passed at that time—he said he believed I would get the bonds back again—I met a friend, and he told me to go back the next day and demand the bonds, and I went, and he said he could do nothing about it, in four or five weeks the matter would be settled—I said, "What are you going to do?"—he said, "God is very good, I rest my trust in Him"—I did not see any other person con-nected with the firm about my bonds after that—when I had been to the premises on former occasions I never saw any one but the prisoner—I have never seen Mr. Charles Bowles at all—the only member ox the firm that I had seen was the defendant.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I saw him in the banking-room and in the reading-room—there was a small partition, with a window, which communicated with the banking part—a great many ladies went there in the season, the same as myself—I don't know what Mr. Robert Bowles did—he paid me some money at one time—he never did anything else for me—I never saw him make out routes for the Continent for other people—the premises are on the first floor—when I went to deposit my bonds I went in the reading-room—I met Mr. Keith there, and he took me up stairs to the second-floor—when I went the second time I went into the reading-room, and they directed me to go up to Mr. Keith.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-173" type="witnessName">
<interp inst="t18730203-name-173" type="gender" value="male"/>
<interp inst="t18730203-name-173" type="surname" value="BROOM"/>
<interp inst="t18730203-name-173" type="given" value="ANDREW"/>ANDREW BROOM</persName> </hi>. I am clerk to Messrs. Turquand, Young & Co., of Tokenhouse Yard, accountants—I have been engaged in the investigation of the books and accounts of the firm of Bowles & Co.—I have the books here which show the mode in which the partners drew out money—the firm consisted of Charles Bowles, Robert Bowles, William Bowles, Henry Stetson, and Nathan Appleton—I believe Mr. Keith and Mr. Sullivan were not partners, but managers—Stetson was engaged in Paris, and Appleton was principally at Boston, William Bowles at Paris principally, leaving the two other brothers as managing the London firm—they all visited the different places where they were transacting business—the drawings of the partners appear under the head of "Salary Account" and "Entertainment Account"—the "Entertainment Account" appears to have been drawn upon by the partners in London—the amount of that account from the 1st January, 1872, till the 9th November, when they stopped payment, is 1, 673
<hi rend="italic">l</hi>., that includes something to Keith—I don't know that I can separate his salary—the "Salaries Account" amounted to 2, 786
<hi rend="italic">l</hi>.—Keith's drawings that year were 1, 322
<hi rend="italic">l</hi>.; that is salary and entertainment—there is also a "Trust Account" and a "Suspense Account"—the debts of the firm by the London books appear to be 80,000
<hi rend="italic">l</hi>., and the assets that could be estimated amount to about 3, 500
<hi rend="italic">l</hi>.—I have here the press letter books of the firm—on the 16th January, 1872, there is a letter signed Robert Bowles, to the Manager of the Union Bank of London, Charing Cross: "Dear Sir,—Please discount to our credit in current account the following bills, amounting to</p>
<xptr type="pageFacsimile" doc="187302030040"/>
<p>1, 680
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>., and oblige yours very truly, Bowles Bros. & Co."—that is signed by Robert—there is another on the 18th January, 1872, "To the Manager of the Union Bank of London, Charing Cross: Dear Sir, please deliver to bearer bonds as at foot, debit us in account with 3,000
<hi rend="italic">l</hi>. in loan for same amount, and oblige yours truly, Bowles Bros. & Co. United States bonds, 9, 500 dollars; Virginian, 10,000; total, 19, 500 dollars"—that is signed by Robert Bowles—the next is 14th February, 1872 (
<hi rend="italic">This was a letter to the Manager of the Union Bank, enclosing bonds for</hi> 1, 500
<hi rend="italic">l</hi>.
<hi rend="italic">to be placed to the credit of Bowles</hi> &
<hi rend="italic">Co., and signed "R. C. M. Bowles</hi>")—there is another letter, dated 14th April, 1871, to the Manager of the Union Bank of London, signed "R. C. M. Bowles," in which T. R. Sullivan is authorised to sign for the firm—there is also one of 23rd August, 1872, to the Manager of the Union Bank of Princes Street, signed by Robert—they banked both with the Charing Cross Branch and the head office of the Union Bank of London, and had current accounts at both—the remain-ing letters are signed by Mr. Keith, Mr. Sullivan, and some few by Mr. Charles Bowles—I have a list of the securities which were at the Union Bank at the time of the stoppage—I have separated those which were deposited with Bowles Brothers for safe custody from others which were at the Bank—those which they had no lien at all upon are valued at 12, 128
<hi rend="italic">l</hi>.—I can't tell you by whom they were deposited with Bowles—I have the dates when they were deposited at the Union Bank—as respects Messrs. D'Agiout's, they are not included in the 12, 128
<hi rend="italic">l</hi>., because there is a debt balance in the books of 179
<hi rend="italic">l</hi>. against D'Agiout—they were deposited at the Bank—Mrs. Gates' bonds are included in the list of bonds upon which they had no lien—I also find in that list the bonds of Robert M. Gardiner, which were deposited at the Union Bank on 27th July, 1871—they are included in the sum of 12,000
<hi rend="italic">l</hi>.—the whole value of securities lodged at the Union Bank against which no advances were made amounted to 12,000
<hi rend="italic">l</hi>.; the amount of the securities where advances have been made is 14, 476
<hi rend="italic">l</hi>.; the amount of their own securities in the bank was 861
<hi rend="italic">l</hi>.—I have here the cheques which have been drawn—in the year 1872 the total cheques drawn by Robert Bowles were 123 on the two accounts at Princes Street and Charing Cross—I have made a detailed list of the amounts of those cheques—I have not got the aggregate amount—there are some very large cheques—they were signed "Bowles & Co.," by Robert Bowles—the rest of the cheques were in the handwritings of Mr. Keith and Mr. Sullivan, with the exception of eight that are signed by Henry Stetson and William Bowles—I have not seen any in the handwriting of Charles—as to the acceptances, I have a list here—Robert Bowles accepted 1, 238 acceptances paid during the year 1872—I have not the amounts before me; the bills are in Court—I should think the whole amount was 50,000
<hi rend="italic">l</hi>.; they begin in January and go down to October—there were no acceptances drawn in that year by Charles; the others are by Mr. Keith, and a few by Mr. Sullivan—the largest number are accepted in the handwriting of Keith, 2, 959; 1, 238 by Robert Bowles, and none by Charles—in the year 1872 to the time of stoppage, there are fifty-eight letters signed by the defendant—there are seventeen signed by Charles, and between five and six thousand by Keith—I can't tell you how many Sullivan signed—I don't think he signed many in 1872, because he went over to Paris in the early part of it—there are three letters of January 17th, 20th, 22nd, relating to bonds, but they are signed by Sullivan—the bonds referred to in this letter of 16th September, 1872, signed by Mr.</p>
<xptr type="pageFacsimile" doc="187302030041"/>
<p>Keith, belonged to D'Agiout—they were pledged on 16th September—this letter of 2nd July, signed by Keith, refers to Mrs. Gates' bonds—this letter of 15th August, relating to 113 Massachusets bonds 200
<hi rend="italic">l</hi>., is signed by Keith; they refer to Mrs. Gates' bonds—this letter of 27th July, 1871, refers to Mr. Gardiner's Virginia and Turkish bonds—looking at the bank-books, I found that Bowles Brothers & Co. are credited in their current account with them—it does not appear in the books that Keith and Sullivan got any advantage by them beyond what they took in salary and so forth—there is a letter of 29th March, 1871, signed "
<hi rend="italic">Per pro</hi> Bowles Bros. & Co., R. C. M. Bowles."</p>
<p>
<hi rend="italic">Cross-examined.</hi> I believe the bank was first formed in Paris, and there were branch banks, one in the Strand, one in Boston, and one in New York—they had no house in Geneva—Mr. Stetson and William Bowles were in Paris—Mr. Appleton lived at Boston—I don't know how much money he brought in—I believe that Charles Bowles was the originator of the whole thing, and that the powers of attorney and authorities to sign emanate from Charles Bowles to the different members of the firm—there is a letter to the Union Bank notifying the signatures, I believe, which is signed by Charles Bowles—all the signatures are notified by that letter, I believe, except Sullivan's—I have not investigated anything beyond the state of the London house—they have transacted business the one house with the other—there is a claim by the London house against the Paris and Boston houses, not against the New York house—you can't get at the state of the whole thoroughly until they are-investigated—the claim which the London house has against Boston is. 88,000
<hi rend="italic">l</hi>., and if that be a genuine claim that disposes of the 80,000
<hi rend="italic">l</hi>. liabilities in London, but it is impossible to say until you investigate the whole—the figures stated are according to the London books—I am not aware that the claim against the Boston house of 88,000
<hi rend="italic">l</hi>. has any effect upon the liabilities that appear in the London books—it would furnish assets if the Boston house is a solvent matter—Mr. Appleton, the Boston representative, is said to be a man of very large property and inquiries have been sent out—it would be necessary to ascertain his condition before you can say what the assets are—that has not yet been ascertained—I only know from hearsay that he is a wealthy man—I believe Charles Bowles took an active part in the financial part of the business when he was in London—I find in the London letter-book financial accounts sent off frequently to Mr. Charles Bowles by Mr. Keith and Mr. Sullivan keeping him in full information of the state of the business—those accounts are referred to in the letters; they are not copied in the letter-book—I believe such statements were sent—I believe there are also letters from him giving them directions as to the financial matters—I believe Mr. Keith was the person who chiefly conducted that part of the business when Mr. Charles Bowles was away, except when Sullivan was there—I find from the books and papers that Mr. Keith went over to America in the early part of the year, and Sullivan acted in his absence, and Sullivan did what Keith had done before, and made communications with Mr. Charles Bowles, I believe—the ground floor of the premises in the Strand was occupied by other people—you immediately go up stairs on to the first floor and enter what is called the reading-room, and partitioned off there is a small banking-room with a window looking into the reading-room—the reading-room is the larger of the two—it is a corner house at the corner of Adelaide Street—you go up a flight of stairs to the room</p>
<xptr type="pageFacsimile" doc="187302030042"/>
<p>where the books are kept—the clerks' office is on the second floor; of course there were some clerks down stairs in what is called the banking-room—that was where the cash transactions were carried on, and where the cash-books were kept, I should think, because the safes were there—the registers and such things were up stairs—the manager's room was on the second floor—there were also rooms on the third floor—they were private rooms; there was one sitting-room—I can't say who that was for—there was a large number of clerks, about twenty, and most of them were on the second floor—a few were of course on the first floor—there were some adjoining premises, where luggage was deposited, but latterly I believe that has not been conducted by Bowles Brothers & Co.—I believe many people did leave their luggage there—I did not know the business till after the stoppage—I have not gone into that part of it—I believe there was a large business of that kind conducted requiring an additional staff irrespective of those I have spoken of—I could not say how many—none of the letters depositing these securities of D'Agiout, Mrs. Gates, and Mr. Gardiner are in the handwriting of the defendant—I have not seen any writing of his in connection with those securities at all—Keith deposited D'Agiout's and Mrs. Gates and Charles Bowles deposited Gardiner's—the letters we have been referred to are about acceptances, discounting acceptances—that would be in the ordinary way of business—those two letters of his which speak of deposits don't refer to either of the three deposits complained off, and in the one which withdrew securities I find that loan was discharged altogether—I have not ascertained that the one where the securities are deposited were properly deposited—I have not found that there were securities deposited which had been placed with them, and permission given to cash the securities—on 14th February, Aaron & Matini were debtors to the firm for 104
<hi rend="italic">l</hi>., but that is not deducting the bonds—the bonds don't appear to their credit at all—on 14th February their indebtedness was 104
<hi rend="italic">l</hi>.—I don't know whether the bonds were held by them to liquidate the bill—that account had been closed altogether on 14th February—the account of Van Toile is closed altogether in the ledger, but I am not aware that those securities have been paid off altogether—I have not had any claim made by Aaron & Matini—I believe they have since been returned—I have not had any claim made for any of the securities mentioned in the letter of the 14th—the 9th was the date of the stoppage, and I received the books shortly after that—I last saw Mr. Keith during the time the case was before the Lord Mayor—I believe he attended on two occasions while Mr. Robert Bowles was under remand, and the examination was going on against him—I did not see Sullivan at the Mansion House at all—I saw him at 449, Strand once, within a few days after the stoppage—they have since disappeared—I heard Mr. Keith had gone to Paris first, and from there he went away—I was not aware he was brought to the Mansion House as a witness for Mr. Robert Bowles—he was not brought there on the part of the prosecution, that I am aware of—I put myself into communication with Mr. Robert Bowles when I received the books, and he assisted me as far as he could—Mr. Young was present then—I believe that we received every assistance that Mr. Robert Bowles could give us, and when we came to the financial part of it he referred us to Mr. Charles Bowles, and for many things connected with the accounts, saying that he knew nothing of the financial part of it—I don't know that he referred me to Mr. Keith also—I did communicate with Mr. Keith also on the matter—</p>
<xptr type="pageFacsimile" doc="187302030043"/>
<p>he knew more about the customers' accounts than the defendant—Mr. Keith assisted to prepare a list of the bonds—the information was in various books—I don't know that they were under Mr. Keith's charge—I. believe they were under the charge of the clerks down stairs—Mr. Keith knew where the bonds were deposited—I did not see Mr. Gilbert there—I believe I have since seen him—I have been told that some portion of the letters signed by Robert Bowles are written by Gilbert—he was a clerk—I don't know his handwriting myself—Sullivan and Keith both drew cheques, but they were drawn
<hi rend="italic">Per pro</hi> Bowles & Co.—I believe all the money that they drew has been traced, but I am not aware.</p>
<p>
<hi rend="italic">Re-examined.</hi> There were no cheques by Keith and Sullivan, except per procuration—the firm first started in London at the beginning of 1870; the firm had existed in Paris I should say five or six years before that, or perhaps more—the English firm owes the English creditors 80,000
<hi rend="italic">l</hi>.; they are not all English people, but creditors of the English department—I am not aware that the Boston house is in liquidation yet, not legally—it has stopped payment at New York, a receiver has been appointed, that is the distinction I wish to make—enquiries have been sent, but replies have not yet been received—88,000
<hi rend="italic">l</hi>. appears against the Boston house in the London books; the Paris house is debited 54,000
<hi rend="italic">l</hi>.—but as regards the Paris house they have sent a summary of their accounts, but I have not tested their accuracy—there is no handwriting of the defendant with regard to the deposit ef any of the securities that we have been enquiring into to-day—Charles Bowles signed the letters which deposited Colonel Gardiner's securities at the Union Bank, but the-other letters he did not—the other securities are signed by Keith and Sullivan—there is one letter I believe signed by Henry Stetson—I am not aware that Van Toile's were at any time securites upon which advances had been made by Bowles & Co.—they were pledged at the Union Bank by the letter of the 14th February—they were not at the bank at the time of the stoppage.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-174" type="witnessName">
<interp inst="t18730203-name-174" type="gender" value="male"/>
<interp inst="t18730203-name-174" type="surname" value="GARDINER"/>
<interp inst="t18730203-name-174" type="given" value="ROBERT MAY"/>ROBERT MAY GARDINER</persName> </hi>. I am a retired commissary-general of the army—I deposited with the firm of Bowles Brothers & Co. some Virginian bonds; 20,000 dollars of the old issue, and 10,000 dollars of the new—the value varies according to the market; they are worth now between 2,000
<hi rend="italic">l</hi>. and 3,000
<hi rend="italic">l</hi>.—I never authorised them to be pledged with the Union Bank, or to be dealt with in any way, and I did not know of their being dealt with in that way.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I took the lot of 10,000 dollars to the Strand myself; I gave them to Mr. Sullivan, he was in the bank where the glass partition was.</p>
<p>
<hi rend="italic">Re-examined.</hi> I think the defendant was also there in the same room.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-175" type="witnessName">
<interp inst="t18730203-name-175" type="gender" value="male"/>
<interp inst="t18730203-name-175" type="surname" value="SLATER"/>
<interp inst="t18730203-name-175" type="given" value="ROBERT"/>ROBERT SLATER</persName> </hi>. I am manager of the Union Bank in Princes Street.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I had the management of the loans on securities of Bowles Brothers under my care—I am not the general manager; Mr. Milfond is—he opened the account on loans—he is at the bank to-day, I believe—he has been out of town; I have not seen him for ten days—I believe he is there to-day—Charles Bowles opened the account—generally the transactions took place by letter; I have all the letters; I believe they are the letters of which you have had the press copies—there are two letters depositing the bonds in Gardiner's case, one is signed "Charles Bowles, "and the other "Bowles Bros. & Co., T. R. Sullivan"—the letter of 2nd July, depositing Mrs. Gates' United States bonds is signed by Keith; and also</p>
<xptr type="pageFacsimile" doc="187302030044"/>
<p>the letter depositing her Massachusets and some Lombardo Venetian bonds—the 300 Lombardo-Venetian of D'Agiout is signed by Charles Bowles—they were withdrawn, and 200 were re-deposited by Keith—Charles Bowleg opened the loan account at the beginning of 1871—the account generally was a transfer from an old account of Bowles, Dreve, & Co.'s—Charles Bowles opened that account also, on. 5th June, 1866—he authorised us to honour Mr. Roger's signature first, and on the 8th January, 1868, Stetson was authorised to sign
<hi rend="italic">per pro</hi>—W. B. Bowles is authorised to sign by a letter of 29th January, 1868, the signature of which is in the handwriting of Charles Bowles—on 29th April, 1870, in a letter in the handwriting of Charles Bowles, Keith is authorised to "sign for us all cheques, drafts, &c., necessary to the transacting of business with you or through your bank"—April 14, 1871, is a letter authorising the signature of T. R. Sullivan, that is signed "R. C. M. Bowles": "Please note signature of our Mr. T.R. Sullivan, at the foot, who from this date is authorised to sign for our house by power of attorney in all transactions with your bank"—we have not had the powers of attorney—Robert Bowles was authorised to sign for Bowles Brothers &Co, on 15th April, 1868, by a lithograph circular signed by Charles Bowles—that is the first intimation apparently that we have of Robert Bowles—I only saw Charles Bowles about this matter—I may have seen him in the office altogether perhaps fifteen or twenty times, but the majority of the transactions took place by letter—Mr. Milfond opened the transactions with him; but a very few of the subsequent ones would be transacted by him—I am next to him in the service of the bank—I should decide for myself—I should not refer to him—I know that Mr. Milfond occasionally saw him; and I believe he occasionally saw Sullivan and Keith also—I never saw Mr. Robert Bowles until the bank stopped, to my knowledge—he came to me at the bank—he said "I have been disap-pointed on the part of the firm as to the receipt of some money which we had expected to obtain from Mr. Morgan, the American banker, and have not sufficient to meet our engagements falling due to-day; our acceptances amount to two or three thousand pounds beyond the funds in our hands"—I asked him if he could place in the hands of the bank security, in the event of our paying the acceptances—he told me he could not undertake to do so—it was then a late hour for business—I asked him if he would undertake that the bank should have the security the next morning, if I ordered the acceptances to be paid; he told me he could give me no such promise—I asked him if he knew what the consequences would be if the acceptances of his firm were returned unpaid—he said, "I am aware of it"—I repeated, "Do not misunderstand; if you do not pay to day, your credit is damned"—he assented to that, and went away upon my telling him that, under those circumstances, I could not agree to pay the bills—he said, during the conversation, that he was left alone to manage the financial part of the business, which he did not really understand, as it had not been his depart-ment—he said he had seen Mr. Morgan, and he had hoped that a telegram that he had to receive from America would enable him to make the advances, but he had not received it.</p>
<p>
<hi rend="smallCaps">MR. METCALFE</hi>,
<hi rend="italic">while admitting that there was evidence of an offence com
<lb/>mitted by some parties not before the Court, submitted that there was no evidence to go to the jury of any participation in a fraud on the part of the defendant.</hi> </p>
<p>
<hi rend="smallCaps">MR. PRICE</hi>
<hi rend="italic">contended that it was for the jury to determine whether it was possible for the defendant to be ignorant of the transactions, he being apartner, and an active partner, in conducting the business of the firm.</hi> </p>
<xptr type="pageFacsimile" doc="187302030045"/>
<p>
<hi rend="smallCaps">THE DEPUTY-RECORDER</hi>
<hi rend="italic">was of opinion that there was no evidence upon which the jury ought to be asked to infer that the prisoner was guilty, there being nothing to connnect him personally with the fraudulent transactions.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18730203-183-verdict-1" type="verdictDescription">
<interp inst="t18730203-183-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18730203-183-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18730203-184">
<interp inst="t18730203-184" type="uri" value="sessionsPapers/18730203"/>
<interp inst="t18730203-184" type="date" value="18730203"/>
<join result="criminalCharge" id="t18730203-184-charge-1" targOrder="Y" targets="def1-184-18730203 t18730203-184-offence-1 t18730203-184-verdict-1"/>
<p>184.
<persName id="def1-184-18730203" type="defendantName">
<interp inst="def1-184-18730203" type="gender" value="male"/>
<interp inst="def1-184-18730203" type="age" value="20"/>
<interp inst="def1-184-18730203" type="surname" value="COLLINS"/>
<interp inst="def1-184-18730203" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS COLLINS</hi> (20)</persName>
<rs id="t18730203-184-offence-1" type="offenceDescription">
<interp inst="t18730203-184-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18730203-184-offence-1" type="offenceSubcategory" value="shoplifting"/>, Stealing ninety-nine pounds of butter and a tub, of
<persName id="t18730203-name-177" type="victimName">
<interp inst="t18730203-name-177" type="gender" value="male"/>
<interp inst="t18730203-name-177" type="surname" value="WARNER"/>
<interp inst="t18730203-name-177" type="given" value="EDWARD"/>
<interp inst="t18730203-name-177" type="occupation" value="cheesemonger"/>
<join result="offenceVictim" targOrder="Y" targets="t18730203-184-offence-1 t18730203-name-177"/>Edward Warner</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MR. F. H. LEWIS</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. DOUGLAS</hi>
<hi rend="italic">the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-178" type="witnessName">
<interp inst="t18730203-name-178" type="gender" value="male"/>
<interp inst="t18730203-name-178" type="surname" value="WARNER"/>
<interp inst="t18730203-name-178" type="given" value="EDWIN"/>EDWIN WARNER</persName> </hi>. My father, Edward Warner, is a cheesemonger at King Street, Snow Hill—I assist him in his business—on 14th January, between 5 and 6 o'clock in the evening, I missed a firkin of butter—I had seen it safe up to 5 o'olock—it was standing in the gateway—it was worth about 4
<hi rend="italic">l</hi>.—this is it—I saw it at the police-station the same evening—I know the firkin by the marks on it and the number, "F. & Co., 267"—there were five of them up the gateway, numbered con-secutively from 264 to 268, and we missed 267—it was standing in the gateway close to the street—it weighs ninety-nine pounds—I did not see any one take it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-179" type="witnessName">
<interp inst="t18730203-name-179" type="gender" value="male"/>
<interp inst="t18730203-name-179" type="surname" value="HARVEY"/>
<interp inst="t18730203-name-179" type="given" value="HARRY"/>HARRY HARVEY</persName> </hi> (
<hi rend="italic">City Policeman</hi> 267). I was with Mitchell in Charterhouse Street about 6 o'clock—I saw the prisoner with this firkin of butter on his left shoulder—two others joined him in Charterhouse Street—when they saw us they began to run—one ran into Farringdon Street, and one towards Holborn—I followed the prisoner, and stopped him at the corner of Farringdon Road, with the firkin on his shoulder—I asked him what he was going to do with it, and he said he was-going to take it home.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I have looked for the others, but could not find them—I only spoke to the prisoner, I did not speak to the others—the prisoner had the butter at the time—I had my suspicions when the two others began to run, and then I followed him.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-180" type="witnessName">
<interp inst="t18730203-name-180" type="gender" value="male"/>
<interp inst="t18730203-name-180" type="surname" value="MITCHELL"/>
<interp inst="t18730203-name-180" type="given" value="WILLIAM"/>WILLIAM MITCHELL</persName> </hi> (
<hi rend="italic">Detective Officer</hi>). I was with the last witness—I searched the prisoner at the station, and found this sack in his coat pocket.</p>
<p>
<hi rend="smallCaps">
<rs id="t18730203-184-verdict-1" type="verdictDescription">
<interp inst="t18730203-184-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18730203-184-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">He also</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to having been before convicted, in December</hi>, 1868.—
<hi rend="italic">
<rs id="t18730203-184-punishment-24" type="punishmentDescription">
<interp inst="t18730203-184-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t18730203-184-punishment-24" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-184-18730203 t18730203-184-punishment-24"/>Nine Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18730203-185">
<interp inst="t18730203-185" type="uri" value="sessionsPapers/18730203"/>
<interp inst="t18730203-185" type="date" value="18730203"/>
<join result="criminalCharge" id="t18730203-185-charge-1" targOrder="Y" targets="def1-185-18730203 t18730203-185-offence-1 t18730203-185-verdict-1"/>
<p>185.
<persName id="def1-185-18730203" type="defendantName">
<interp inst="def1-185-18730203" type="gender" value="male"/>
<interp inst="def1-185-18730203" type="age" value="28"/>
<interp inst="def1-185-18730203" type="surname" value="POM"/>
<interp inst="def1-185-18730203" type="given" value="ISAAC"/>
<hi rend="largeCaps">ISAAC POM</hi> (28)</persName>
<rs id="t18730203-185-offence-1" type="offenceDescription">
<interp inst="t18730203-185-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18730203-185-offence-1" type="offenceSubcategory" value="wounding"/>, Unlawfully wounding
<persName id="t18730203-name-182" type="victimName">
<interp inst="t18730203-name-182" type="gender" value="male"/>
<interp inst="t18730203-name-182" type="surname" value="SMITH"/>
<interp inst="t18730203-name-182" type="given" value="CHARLES JAMES"/>
<interp inst="t18730203-name-182" type="occupation" value="railway van guard"/>
<join result="offenceVictim" targOrder="Y" targets="t18730203-185-offence-1 t18730203-name-182"/>Charles James Smith</persName>.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-183" type="witnessName">
<interp inst="t18730203-name-183" type="gender" value="male"/>
<interp inst="t18730203-name-183" type="surname" value="MATTHEWS"/>
<interp inst="t18730203-name-183" type="given" value="CHARLES"/>MR. CHARLES MATTHEWS</persName> </hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-184" type="witnessName">
<interp inst="t18730203-name-184" type="gender" value="male"/>
<interp inst="t18730203-name-184" type="surname" value="SMITH"/>
<interp inst="t18730203-name-184" type="given" value="CHARLES JAMES"/>CHARLES JAMES SMITH</persName> </hi>. I live at 11, Sugar Loaf Court, Minories, and am a van guard on the Midland Railway—on Saturday, 18th January, about 4.30 o'clock, I was in New Street, Bishopsgate, loading wool—I was on the van—I dropped my wool-hook in turning the bales over, and got down to get it—I saw some men teasing Pom before I got down—he came past me with his hat in his hand, going away from these men—his hat caught up against me, and fell out of his hand—he turned round and closed with me—a man tried to part us—the prisoner let me go in about two minutes, and as I went away he put his hand in his pocket—I did not see that he took anything out—he made a rush at me, and struck me in the temple and in the neck with some sharp instrument—I put my hand to my head, and found my cap was off—I did not feel any effect then, but there was blood—I turned round and asked for my cap, and as I did so he rushed at me again, and struck me on the nose and cheek with some sharp instru-ment—blood flowed, but I did not feel anything for a minute or two—the</p>
<xptr type="pageFacsimile" doc="187302030046"/>
<p>prisoner ran away—I went to the police-station, then to the doctor's, And then to the hospital.</p>
<p>
<hi rend="italic">Prisoner.</hi> He gave me a punch in the eye.
<hi rend="italic">Witness.</hi> No; I did not hit him—I did not see him hit, but I saw the people teasing him, laughing at him, and pulling him about for about twenty minutes—he is a foreigner—I have heard talk of him before, but that was the first time I saw him, and then I did rot know he was "Pom-Pom"—some woman said, "Pom-Pom stabbed you"—I did not join in the chaff—the wounds are getting on very well.</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-185" type="witnessName">
<interp inst="t18730203-name-185" type="gender" value="male"/>
<interp inst="t18730203-name-185" type="surname" value="WHITEFOORD"/>
<interp inst="t18730203-name-185" type="given" value="ADAM JOHN"/>ADAM JOHN WHITEFOORD</persName> </hi>. I am house-surgeon at the Metropolitan Free Hospital—on 18th instant Smith was brought to me, and I examined him—he had a cut across the bridge of the nose and on the right cheek, evi-dently done by the same blow glancing from the nose to the cheek—it had been caused by such an instrument as this knife (
<hi rend="italic">produced</hi>)</p>
<p>
<hi rend="smallCaps">
<persName id="t18730203-name-186" type="witnessName">
<interp inst="t18730203-name-186" type="gender" value="male"/>
<interp inst="t18730203-name-186" type="surname" value="PILL"/>
<interp inst="t18730203-name-186" type="given" value="HENRY"/>HENRY PILL</persName> </hi> (
<hi rend="italic">City Policeman</hi> 901). I apprehended the prisoner in Petti-coat Lane on 18th January—I told him he was wanted on a serious charge of assaulting Smith, and stabbing him on the nose and face—he said "I did not do it"—he said he knew nothing at all about it, and he should not go to the station with me—he was very violent, and I had to be assisted by two constables—I found this knife on him.</p>
<p>
<hi rend="italic">Prisoner's statement belore the Magistrate.</hi> I did it.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> One of them knocked my hat off, and I got a punch in the eye. I was going to lock them up, and I could not see a policeman. I got the knife out of my pocket, and stabbed him in the nose and face.</p>
<p>
<rs id="t18730203-185-verdict-1" type="verdictDescription">
<interp inst="t18730203-185-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18730203-185-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>.—</rs>
<rs id="t18730203-185-punishment-25" type="punishmentDescription">
<interp inst="t18730203-185-punishment-25" type="punishmentCategory" value="noPunish"/>
<interp inst="t18730203-185-punishment-25" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-185-18730203 t18730203-185-punishment-25"/>
<hi rend="italic">Judgment respited.</hi> </rs> </p> </div1>
<p>
<hi rend="largeCaps">FOURTH COURT</hi>.—
<hi rend="italic">Wednesday, February</hi> 5
<hi rend="italic">th</hi>, 1873.</p>
<p>
<hi rend="italic">Before
<persName id="t18730203-name-187" type="judiciaryName">
<interp inst="t18730203-name-187" type="gender" value="male"/>
<interp inst="t18730203-name-187" type="surname" value="KERR"/>
<interp inst="t18730203-name-187" type="given" value="ROBERT MALCOLM"/>Robert Malcolm Kerr</persName>, Esq.</hi> </p>
<div1 type="trialAccount" id="t18730203-186">
<interp inst="t18730203-186" type="uri" value="sessionsPapers/18730203"/>
<interp inst="t18730203-186" type="date" value="18730203"/>
<join result="criminalCharge" id="t18730203-186-charge-1" targOrder="Y" targets="def1-186-18730203 t18730203-186-offence-1 t18730203-186-verdict-1"/>
<join result="criminalCharge" id="t18730203-186-charge-2" targOrder="Y" targets="def2-186-18730203 t18730203-186-offence-1 t18730203-186-verdict-2"/>
<join result="criminalCharge" id="t18730203-186-charge-3" targOrder="Y" targets="def3-186-18730203 t18730203-186-offence-1 t18730203-186-verdict-2"/>
<p>186.
<persName id="def1-186-18730203" type="defendantName">
<interp inst="def1-186-18730203" type="gender" value="male"/>
<interp inst="def1-186-18730203" type="age" value="21"/>
<interp inst="def1-186-18730203" type="surname" value="COCKLIN"/>
<interp inst="def1-186-18730203" type="given" value="JEREMIAH"/>
<hi rend="largeCaps">JEREMIAH COCKLIN</hi> (21)</persName>,
<persName