<!-- © 2003-2008 Old Bailey Proceedings Online -->
<div0 type="sessionsPaper" id="t18741123">
<interp inst="t18741123" type="uri" value="sessionsPapers/18741123"/>
<interp inst="t18741123" type="date" value="18741123"/>
<xptr type="pageFacsimile" doc="187411230001"/>
<xptr type="transcription" doc="18741123"/>
<div1 type="frontMatter" id="f18741123">
<interp inst="f18741123" type="uri" value="sessionsPapers/18741123"/>
<interp inst="f18741123" type="date" value="18741123"/>
<p>Sessions Paper.</p>
<p>STONE, MAYOR.</p>
<p>Short-hand Writers to the Court,</p>
<p>VOL. LXXXI.</p>
<xptr type="pageFacsimile" doc="187411230002"/>
<p>On the Queen's Commission of</p>
<p>The City of London,</p>
<p>OF THE</p>
<p>Held on Monday, November 23rd, 1874, and following days,</p>
<hi rend="smallCaps">BEFORE THE RIGHT HON</hi>.
<hi rend="largeCaps">
<persName id="t18741123-name-1" type="judiciaryName">
<interp inst="t18741123-name-1" type="gender" value="male"/>
<interp inst="t18741123-name-1" type="surname" value="STONE"/>
<interp inst="t18741123-name-1" type="given" value="DAVID HENRY"/>DAVID HENRY STONE</persName>, LORD MAYOR</hi> of the City of
<hi rend="smallCaps">LONDON</hi>; The Hon. Sir
<persName id="t18741123-name-2" type="judiciaryName">
<interp inst="t18741123-name-2" type="gender" value="male"/>
<interp inst="t18741123-name-2" type="surname" value="KEATING"/>
<interp inst="t18741123-name-2" type="given" value="HENRY SINGES"/>
<hi rend="smallCaps">HENRY SINGES KEATING</hi> </persName>, Knt., one of the Justices of Her Majesty's Court of Common Pleas; The Hon. Sir
<hi rend="smallCaps">
<persName id="t18741123-name-3" type="judiciaryName">
<interp inst="t18741123-name-3" type="gender" value="male"/>
<interp inst="t18741123-name-3" type="surname" value="POLLOCK"/>
<interp inst="t18741123-name-3" type="given" value="CHARLES"/>CHARLES POLLOCK</persName> </hi>, Knt., one of the Barons of Her Majesty's Court of Exchequer;
<persName id="t18741123-name-4" type="judiciaryName">
<interp inst="t18741123-name-4" type="gender" value="male"/>
<interp inst="t18741123-name-4" type="surname" value="FINNIS"/>
<interp inst="t18741123-name-4" type="given" value="THOMAS QUESTED"/>
<hi rend="smallCaps">THOMAS QUESTED FINNIS</hi> </persName>, Esq.,
<persName id="t18741123-name-5" type="judiciaryName">
<interp inst="t18741123-name-5" type="gender" value="male"/>
<interp inst="t18741123-name-5" type="surname" value="ALLEN"/>
<interp inst="t18741123-name-5" type="given" value="WILLIAM FERNELEY"/>
<hi rend="smallCaps">WILLIAM FERNELEY ALLEN</hi> </persName>, Esq.,
<hi rend="smallCaps">
<persName id="t18741123-name-6" type="judiciaryName">
<interp inst="t18741123-name-6" type="gender" value="male"/>
<interp inst="t18741123-name-6" type="surname" value="BESLEY"/>
<interp inst="t18741123-name-6" type="given" value="ROBERT"/>ROBERT BESLEY</persName> </hi>, Esq., Sir
<hi rend="smallCaps">
<persName id="t18741123-name-7" type="judiciaryName">
<interp inst="t18741123-name-7" type="gender" value="male"/>
<interp inst="t18741123-name-7" type="surname" value="DAKIN"/>
<interp inst="t18741123-name-7" type="given" value="THOMAS"/>THOMAS DAKIN</persName> </hi>, Knt., Aldermen of the said City; The Right Hon.
<hi rend="smallCaps">
<persName id="t18741123-name-8" type="judiciaryName">
<interp inst="t18741123-name-8" type="gender" value="male"/>
<interp inst="t18741123-name-8" type="surname" value="GURNEY"/>
<interp inst="t18741123-name-8" type="given" value="RUSSELL"/>RUSSELL GURNEY</persName> </hi>, Q. C., M.P., Recorder of the said City;
<persName id="t18741123-name-9" type="judiciaryName">
<interp inst="t18741123-name-9" type="gender" value="male"/>
<interp inst="t18741123-name-9" type="surname" value="OWDEN"/>
<interp inst="t18741123-name-9" type="given" value="THOMAS SCRAMBLER"/>
<hi rend="smallCaps">THOMAS SCAMBLER OWDEN</hi> </persName>, ESQ.,
<hi rend="smallCaps">
<persName id="t18741123-name-10" type="judiciaryName">
<interp inst="t18741123-name-10" type="gender" value="male"/>
<interp inst="t18741123-name-10" type="surname" value="WHETHAM"/>
<interp inst="t18741123-name-10" type="given" value="CHARLES"/>CHARLES WHETHAM</persName> </hi>, Esq., and
<hi rend="smallCaps">
<persName id="t18741123-name-11" type="judiciaryName">
<interp inst="t18741123-name-11" type="gender" value="male"/>
<interp inst="t18741123-name-11" type="surname" value="MCARTHUR"/>
<interp inst="t18741123-name-11" type="given" value="WILLIAM"/>WILLIAM MCARTHUR</persName> </hi>, Esq., M.P., others of the Aldermen of the said City; Sir
<hi rend="smallCaps">
<persName id="t18741123-name-12" type="judiciaryName">
<interp inst="t18741123-name-12" type="gender" value="male"/>
<interp inst="t18741123-name-12" type="surname" value="CHAMBERS"/>
<interp inst="t18741123-name-12" type="given" value="THOMAS"/>THOMAS CHAMBERS</persName> </hi>, Knt., Q.C., M.P., Common Serjeant of the said City; and
<hi rend="smallCaps">
<persName id="t18741123-name-13" type="judiciaryName">
<interp inst="t18741123-name-13" type="gender" value="male"/>
<interp inst="t18741123-name-13" type="surname" value="KERR"/>
<interp inst="t18741123-name-13" type="given" value="ROBERT MALCOLM"/>ROBERT MALCOLM KERR</persName> </hi>, Esq., 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>
<persName id="t18741123-name-14" type="judiciaryName">
<interp inst="t18741123-name-14" type="gender" value="male"/>
<interp inst="t18741123-name-14" type="surname" value="ELLIS"/>
<interp inst="t18741123-name-14" type="given" value="JOHN WHITTAKER"/>
<hi rend="smallCaps">JOHN WHITTAKER ELLIS</hi> </persName> Esq., Alderman.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-15" type="judiciaryName">
<interp inst="t18741123-name-15" type="gender" value="male"/>
<interp inst="t18741123-name-15" type="surname" value="SHAW"/>
<interp inst="t18741123-name-15" type="given" value="JAMES"/>JAMES SHAW</persName> </hi>, Esq.</p>
<hi rend="italic">Sheriffs.</hi> </p>
<persName id="t18741123-name-16" type="judiciaryName">
<interp inst="t18741123-name-16" type="gender" value="male"/>
<interp inst="t18741123-name-16" type="surname" value="ELLIOTT"/>
<interp inst="t18741123-name-16" type="given" value="WILLIAM TIMBBELL"/>
<hi rend="smallCaps">WILLIAM TIMBRELL ELLIOTT</hi> </persName>, Esq.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-17" type="judiciaryName">
<interp inst="t18741123-name-17" type="gender" value="male"/>
<interp inst="t18741123-name-17" type="surname" value="SEDGWICK"/>
<interp inst="t18741123-name-17" type="given" value="GEORGE ALFRED"/>GEORGE ALFRED SEDGWICK</persName> </hi>, Esq.</p>
<hi rend="italic">Under-Sheriffs.</hi> </p>
<xptr type="pageFacsimile" doc="187411230003"/>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<hi rend="largeCaps">STONE, MAYOR. FIRST SESSION</hi>.</p>
<hi rend="italic">A star</hi> (*)
<hi rend="italic">denotes that prisoners have been previously in custody—two stars</hi> (**)
<hi rend="italic">that they have been more than once in custody—an obelisk</hi> (†)
<hi rend="italic">that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.</hi> </p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Monday, November</hi> 23
<hi rend="italic">rd</hi>, 1874.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18741123-1">
<interp inst="t18741123-1" type="uri" value="sessionsPapers/18741123"/>
<interp inst="t18741123-1" type="date" value="18741123"/>
<join result="criminalCharge" id="t18741123-1-charge-1" targOrder="Y" targets="def1-1-18741123 t18741123-1-offence-1 t18741123-1-verdict-1"/>
<join result="criminalCharge" id="t18741123-1-charge-2" targOrder="Y" targets="def2-1-18741123 t18741123-1-offence-1 t18741123-1-verdict-2"/>
<persName id="def1-1-18741123" type="defendantName">
<interp inst="def1-1-18741123" type="gender" value="male"/>
<interp inst="def1-1-18741123" type="age" value="42"/>
<interp inst="def1-1-18741123" type="surname" value="CARDEN"/>
<interp inst="def1-1-18741123" type="given" value="RICHARD ARTHUR"/>
<hi rend="largeCaps">RICHARD ARTHUR CARDEN</hi> (42)</persName>, and
<persName id="def2-1-18741123" type="defendantName">
<interp inst="def2-1-18741123" type="gender" value="male"/>
<interp inst="def2-1-18741123" type="age" value="18"/>
<interp inst="def2-1-18741123" type="surname" value="MURRAY"/>
<interp inst="def2-1-18741123" type="given" value="CHARLES CLAVERHOUSE"/>
<hi rend="largeCaps">CHARLES CLAVER
<lb/>HOUSE MURRAY</hi> (18)</persName>
<rs id="t18741123-1-offence-1" type="offenceDescription">
<interp inst="t18741123-1-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18741123-1-offence-1" type="offenceSubcategory" value="forgery"/>, Were charged upon several indictments for forging and uttering three orders for 2
<hi rend="italic">l</hi>. with intent to defraud;
<hi rend="italic">also</hi> for unlawfully obtaining nineteen cheques from the Cheque Bank by false pretences.</rs> </p>
<hi rend="largeCaps">CARDEN</hi>
<rs id="t18741123-1-verdict-1" type="verdictDescription">
<interp inst="t18741123-1-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741123-1-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>
<hi rend="smallCaps">PLEADED GUILTY</hi> </rs>**—
<hi rend="italic">
<rs id="t18741123-1-punishment-1" type="punishmentDescription">
<interp inst="t18741123-1-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t18741123-1-punishment-1" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-1-18741123 t18741123-1-punishment-1"/>Seven Years' Penal Servitude</rs>. No evidence was offered against</hi>
<hi rend="largeCaps">MURRAY</hi>.</p>
<hi rend="smallCaps">
<rs id="t18741123-1-verdict-2" type="verdictDescription">
<interp inst="t18741123-1-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18741123-1-verdict-2" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18741123-2">
<interp inst="t18741123-2" type="uri" value="sessionsPapers/18741123"/>
<interp inst="t18741123-2" type="date" value="18741123"/>
<join result="criminalCharge" id="t18741123-2-charge-1" targOrder="Y" targets="def1-2-18741123 t18741123-2-offence-1 t18741123-2-verdict-1"/>
<persName id="def1-2-18741123" type="defendantName">
<interp inst="def1-2-18741123" type="gender" value="male"/>
<interp inst="def1-2-18741123" type="age" value="27"/>
<interp inst="def1-2-18741123" type="surname" value="KINGWELL"/>
<interp inst="def1-2-18741123" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK KINGWELL</hi> (27)</persName>
<rs id="t18741123-2-offence-1" type="offenceDescription">
<interp inst="t18741123-2-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18741123-2-offence-1" type="offenceSubcategory" value="fraud"/>, Unlawfully obtaining by false pretences, from
<persName id="t18741123-name-21" type="victimName">
<interp inst="t18741123-name-21" type="gender" value="male"/>
<interp inst="t18741123-name-21" type="surname" value="HUSSEY"/>
<interp inst="t18741123-name-21" type="given" value="THOMAS"/>
<interp inst="t18741123-name-21" type="occupation" value="builder"/>
<join result="offenceVictim" targOrder="Y" targets="t18741123-2-offence-1 t18741123-name-21"/>Thomas Hussey</persName>, 25
<hi rend="italic">l</hi>. with intent to defraud.</rs> </p>
<hi rend="smallCaps">MR. GOODMAN</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. STRAIGHT</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741123-name-22" type="witnessName">
<interp inst="t18741123-name-22" type="gender" value="male"/>
<interp inst="t18741123-name-22" type="surname" value="HUSSEY"/>
<interp inst="t18741123-name-22" type="given" value="THOMAS"/>THOMAS HUSSEY</persName> </hi>. I live at 96, High Street, Kensington, and am a builder—I saw an advertisement in the
<hi rend="italic">Daily Telegraph</hi> in consequence of which I went to Charlotte Street, Fitzroy Square, to see a horse—I saw the prisoner and a stableman—I told the prisoner I had come to see the large horse—he said he had sold that one, but there was another one there that he thought would answer my purpose—he asked for what purpose I wanted it—I told him for a builder's brick cart—he told me that his name was Conolly, and he was in business with his father as an ice merchant at 9a, Irongate Wharf, Caledonian Road, and that he had been driving that horse in an ice cart all the summer, and in consequence of the weather getting colder and the ice trade falling off he no longer required it, that he had driven it with 27 or 28 cwt. of ice and would go at the rate of 7 or 8 miles an hour—I asked to have the horse brought out and he had it brought out
<lb/>side—he said it would be impossible to run it on the stones as one shoe was off, but he would have that put on and I could send for the horse next morning and take it on trial for a week—I did not agree to purchase it—I was going to take it on trial and not pay for it, but he objected and said he must certainly have the money as I was a stranger; that he was perfectly respectable and that I need not be afraid of depositing the money with him.—I was induced chiefly to take the horse on account of the statement that he had been driving it all the summer with 26 or 27 cwt, and if it would</p>
<xptr type="pageFacsimile" doc="187411230004"/>
<p>do that it would do all that I required of it—I should have taken the horse on trial, but I should not have deposited the money if he had not said anything about his business as an ice merchant—he said I must pay the money as he did not know more of me than I knew of him—that was on the Saturday—I left 2
<hi rend="italic">l</hi>. on the Saturday night; I had no more money then, and for that he gave me this receipt in the name of Conolly—I objected to there being no stamp on the receipt—he said he could not get one as it was evening, but he would write it out with a proper stamp when I sent for the horse on the Monday—the receipt, Alfred Conolly, was written in my presence by the prisoner. (
<hi rend="italic">Read</hi>: "Oct. 3, 1874. Received of Mr. Hussey the sum of 2
<hi rend="italic">l</hi>. on account of bay mare according to agreement. Alfred E. Conolly.") On the Monday I sent my man round for the horse, and I sent a cheque for 23
<hi rend="italic">l</hi>., the balance of the money—the man was three or four hours gone—when he came back with the horse, it had got the shoe on—I have had the cheque back since—it was cashed on the same day—the carman tried the horse in the cart in my presence—it would not go; it would not draw an empty cart—we had to put two chain horses on to him—we took the empty cart to where we were removing some trees and put a little earth in the cart, but he would not draw it at all—we had to put two horses on to pull him out—other people were present at the time—we put him away for the night, and next morning we tried him over again and we could not even get him out of the mews with an empty cart—I told the carman to take him out of the cart and take him back to Charlotte Mews and I would come there too, and on the way I called at Irongate Wharf to see if I could find Conolly—I made certain inquiries, but I was not able find him—I then went to Charlotte Mews and found the prisoner and the same stableman there—I said "Well, Mr. Conolly, I am obliged to bring the horse back"—he said "Why?"—I said "He won't suit me, he won't draw, and is no good to me; I must trouble you to give me the money back"—he said "I can't, I have not got the money"—I said "You will have to get it"—he said "Why?"—I said "The horse does not suit me, it won't do my work and I must trouble you to hand over the money"—he said he could only give me 6
<hi rend="italic">l</hi>. or 7
<hi rend="italic">l</hi>., that was all he had in his pocket, and he would give me that—I said that would not do, he would have to find the whole 25
<hi rend="italic">l</hi>.—I threatened to give him into custody, and he said it was no good, no policeman would take him as it was only a debt—I
<hi rend="italic">sort</hi> my man for a policeman and when he came I said "I give this man, Mr. Conolly, into your custody"—he said "It is not Conolly, his name is King-well, I know him well"—the prisoner said would I give him a little time to see if he could get the money and his man went away and said he had scraped together 20
<hi rend="italic">l</hi>., would I take that and he would pay the 5
<hi rend="italic">l</hi>. at some future time—I would not take that and gave him into custody.</p>
<hi rend="italic">Cross-examined.</hi> I was not prepared to treat this as a debt at any time—I
<hi rend="italic">let</hi> the man go to try and get the money—I should have had nothing to complain of if he had returned the 25
<hi rend="italic">l</hi>.—I don't know that the horse is now being driven and goes admirably well—my carman has been in my employment some years—it was an ordinary brick cart he was put into and an ordinary brick cart collar—I don't know much about horses—I never bought a cart horse before—I think I could tell you a place where you could get a good serviceable horse for 25
<hi rend="italic">l</hi>.—I don't know whether I mentioned before the Magistrate or not that the constable said he knew the prisoner's name was Kingwell. (
<hi rend="italic">The witness Tanner was fare called into Court.</hi>) The prisoner</p>
<xptr type="pageFacsimile" doc="187411230005"/>
<p>begged the policeman not to take him till he had time to get the money—I don't think I said "You shall have ten minutes to get the money"—I did not take my watch out—we waited some time—he asked us to wait till his man came back—I did not see Mr. Tanner on that occasion—he was not present to the best of my knowledge—if the horse suited me I was to have him on trial for a week—he said "You need not be afraid, take the horse and try it for a few days, and if it does not suit you, you shall have your money back"—it was taken back on the Tuesday morning to Charlotte Mews—there are several stables there—I did not say if the horse had not been a
<hi rend="italic">jibber</hi> I would have kept it—it was not strong enough to suit me whether it
<hi rend="italic">jibbed</hi> or not—if it had been strong enough I think I should have kept it.</p>
<hi rend="italic">Re-examined.</hi> I have not seen Mr. Barrett here this morning—I saw him yesterday morning and he was very unwell indeed, he has been lying up for a fortnight and was not able to travel to the Court—I did not go to the doctor about him—he went himself—the doctor gave him that certificate I believe.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-23" type="witnessName">
<interp inst="t18741123-name-23" type="gender" value="male"/>
<interp inst="t18741123-name-23" type="surname" value="SAXBY"/>
<interp inst="t18741123-name-23" type="given" value="JOSEPH"/>JOSEPH SAXBY</persName> </hi>. I live at 3, Burton Mews, and am carman to the prosecutor—I went on the Monday morning to get the horse—I had been on the Sunday, but could not get it then—when I got there first the man said he was at the farrier's—I waited a little while and the prisoner came there and he took me to the farrier's where the horse was and had the shoe on—I took the cheque with me—I told him on Sunday morning I had got the cheque, and he said I was to bring it on the Monday when I fetched the horse—I took the cheque on the Monday—the farrier's was about a mile or a mile and a half from the Mews—it was not more than an hour and a half from the time I gave the prisoner the cheque till I got home with the horse—I fed the horse and put it in the cart—it would not go—I could not get it out of the mews until I got two men to the wheels—it was a
<hi rend="italic">jibber</hi>—I have been working horses several years—I should think I have had from thirty to fifty under my care—this horse would not work—I put it in the cart again on Tuesday morning and could not get it out of the Mews, and I took it out of harness again—it was a regular
<hi rend="italic">jibber</hi>—I told my master it would not work and was no use to him, and he said I had better take it back and he would meet me there—I was there when the interview took place between him and the prisoner, and when the prisoner was given into custody—my master was there when I led the horse into the stable—he pulled his watch out and said he would allow the prisoner some time to fetch the money, but I don't recollect the exact time he allowed him.</p>
<hi rend="italic">Cross-examined.</hi> I took the horse by the head and tried to lead it—I put a cart collar on it one of the ordinary collars suitable for a horse—it was a tip cart with wooden shafts and a chain across the saddle—it was a middling shaped horse—I don't know the exact height of it—I never measured it—I never looked at its mouth to know its age—I should think he was seven years old myself—there was one or two opened the horse's mouth and said it was seven years old—he was in fair condition—I did not. work him long enough to say whether he was sound or not—I brought him from Charlotte Mews to my master's—that is about 4 miles—I rode her part of the way and then she began to jump and I got off.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-24" type="witnessName">
<interp inst="t18741123-name-24" type="gender" value="male"/>
<interp inst="t18741123-name-24" type="surname" value="MARCH"/>
<interp inst="t18741123-name-24" type="given" value="ROBERT"/>ROBERT MARCH</persName> </hi> (
<hi rend="italic">Policeman E</hi> 359.) On Tuesday, 6th October, I was called and saw Mr. Hussey, Sax by, the prisoner and the stableman—I knew</p>
<xptr type="pageFacsimile" doc="187411230006"/>
<p>the prisoner and knew his name—I never knew him to drive an ice cart—I have seen him a great number of times in the summer—I have seen him about with a lot more men with horses at different times—to the best of my belief he is not an ice merchant—I have known him for the last seven years.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-25" type="witnessName">
<interp inst="t18741123-name-25" type="gender" value="male"/>
<interp inst="t18741123-name-25" type="surname" value="MOON"/>
<interp inst="t18741123-name-25" type="given" value="RICHARD"/>RICHARD MOON</persName> </hi> (
<hi rend="italic">Detective Sergeant</hi>). I know the prisoner—his name is Frederick Kingwell—I have known him for the last twelve months—I have seen him about daily—he has never carried on business with his father as an ice merchant to my knowledge.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-26" type="witnessName">
<interp inst="t18741123-name-26" type="gender" value="male"/>
<interp inst="t18741123-name-26" type="surname" value="KINGWELL"/>
<interp inst="t18741123-name-26" type="given" value="FREDERICK"/>FREDERICK KINGWELL</persName> </hi>. I can't say whether the prisoner has been driving an ice cart during the summer, for sometimes I have not seen him for two months together—I don't know what he has been doing for the last nine or ten months—I am a carriage builder—I have not carried on business in partnership with my son as an ice merchant—I have never been an ice merchant—I had a place at Irongate Wharf ten or twelve years ago—I never carried on business in Caledonian Road.</p>
<hi rend="italic">Cross-examined.</hi> The receipt that has been put in is not in my son's handwriting; part of the body looks like it, but the word "Conolly "at the bottom is not a bit similar to his writing—I have seen this bay mare and ridden behind it—I am a pretty good judge of horses, and 1 breed horses—I found the horse was at these mews at Charlotte Street, Fitzroy Square—looking at the thing as it stood, and making inquiries, I said "That horse must not stand here, because it is not my son's horse"—it belonged to Mr. Conolly—I made inquiries, and found the owner of the horse could not be found, and I said "I must bear the brunt," and I sent the horse to livery at 24
<hi rend="italic">s</hi>. a week with Mr. Joseph Evans, where it now stands—I have ridden behind the mare—I call her an extraordinary mare, she can do 12 or 14 miles an hour—in my judgment she is worth more than 30
<hi rend="italic">l</hi>.—if I kept her I should breed from her; she is good enough for that.</p>
<hi rend="italic">Re-examined.</hi> She has a first-rate action, she pulls up and goes, and her speed was with her—I am too heavy now to ride her—there is a breaksman of Mr. Evans and Mr. Snelling and other gentlemen here—I drove the horse to this Court last Sessions and again this morning—I had not seen the horse before my son was brought before the Magistrate—I went and bailed him out.</p>
<hi rend="italic">Witnesses for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741123-name-27" type="witnessName">
<interp inst="t18741123-name-27" type="gender" value="male"/>
<interp inst="t18741123-name-27" type="surname" value="TANNER"/>
<interp inst="t18741123-name-27" type="given" value="THOMAS"/>THOMAS TANNER</persName> </hi>. I live at Tottenham Court Road—I remember the occasion when Mr. Hussey came to buy this bay mare—I was sitting on the top stairs of the room that goes into the loft reading the paper and waiting for Mr. Kingwell to take a ride, which I used to do of a Saturday afternoon—two men came to look at the horse that was advertised—Mr. Kingwell said the horse that was advertised was disposed of—that was the bigger one.—in less than three or four minutes the horse was taken out of the stable into the yard, and Mr. Kingwell said "This horse may perhaps suit, you can have it on a week's trial and approval," and the price was 25
<hi rend="italic">l</hi>.—I understood that if the horse was not liked at the end of a week it was to be returned and the money paid back—Mr. Kingwell said "Make a deposit"—I looked down the stairs and I saw the biggest man of the two hand Mr. Kingwell some money—I would not like to say what it was—when Mr. Kingwell said he could have the horse on trial for a week the man said "That is very fair, that will do"—they never asked Mr. Kingwell his name or his trade or business—I never beard him say that his name was Conolly</p>
<xptr type="pageFacsimile" doc="187411230007"/>
<p>or that he was in partnership with his father at Irongate Wharf as an ice merchant—I don't know that the horse was the property of an ice merchant—I know nothing at all about it—I can't say if it was Mr. Kingwell's property or whether he was selling it for anyone else—I only came occasionally on Saturday to take a ride with him—the mare was warranted quiet in harness.</p>
<hi rend="italic">Cross-examined.</hi> I was sitting on the stable stairs leading to the
<hi rend="italic">loft</hi>; that is at the right hand corner of the mews—it is a good long mews; I should say 50 yards long—there were perhaps four or five stables in a row—the horse was walked up and down—I have known Mr. Kingwell some time—we are friends—I don't know how he has been engaged all the summer—he has not sold a good many horses this summer to my knowledge.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-28" type="witnessName">
<interp inst="t18741123-name-28" type="gender" value="male"/>
<interp inst="t18741123-name-28" type="surname" value="EVANS"/>
<interp inst="t18741123-name-28" type="given" value="JOSEPH"/>JOSEPH EVANS</persName> </hi>. I am a job-master, and live in Buckingham Palace Road—I have something like sixty or seventy horses—I have the bay mare in question in ray possession—I have driven her regularly—she is perfectly quiet in harness, and goes very well indeed—she is not sound really; she is a little lame on the off fore
<hi rend="italic">leg</hi>—she is worth about thirty guineas for breeding purpose, let alone anything else—I drove her here this morning.</p>
<hi rend="italic">Cross-examined.</hi> A horse might be a good useful horse for breeding, but still unable to go—I have driven her since 14th October—she was sent to me on livery by Mr. Kingwell—I know Mr. Kingwell—I never knew him to sell a horse—I know the prisoner as his son—I don't know what he is in business—I should certainly not put an animal like that to draw a brick cart, it would be quite out of place.</p>
<hi rend="italic">Re-examined.</hi> Any one could see that it was not a horse to put into a brick cart; it is a mare of very nice quality.</p>
<hi rend="smallCaps">
<rs id="t18741123-2-verdict-1" type="verdictDescription">
<interp inst="t18741123-2-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18741123-2-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, November</hi> 23
<hi rend="italic">rd</hi>, 1874.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18741123-3">
<interp inst="t18741123-3" type="uri" value="sessionsPapers/18741123"/>
<interp inst="t18741123-3" type="date" value="18741123"/>
<join result="criminalCharge" id="t18741123-3-charge-1" targOrder="Y" targets="def1-3-18741123 t18741123-3-offence-1 t18741123-3-verdict-1"/>
<persName id="def1-3-18741123" type="defendantName">
<interp inst="def1-3-18741123" type="gender" value="male"/>
<interp inst="def1-3-18741123" type="age" value="65"/>
<interp inst="def1-3-18741123" type="surname" value="FLACK"/>
<interp inst="def1-3-18741123" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES FLACK</hi> (65)</persName>,
<hi rend="smallCaps">
<rs id="t18741123-3-verdict-1" type="verdictDescription">
<interp inst="t18741123-3-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741123-3-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18741123-3-offence-1" type="offenceDescription">
<interp inst="t18741123-3-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18741123-3-offence-1" type="offenceSubcategory" value="theftFromPlace"/>to stealing 42. 3
<hi rend="italic">s</hi>., in the dwelling house of
<persName id="t18741123-name-30" type="victimName">
<interp inst="t18741123-name-30" type="gender" value="male"/>
<interp inst="t18741123-name-30" type="surname" value="STANTION"/>
<interp inst="t18741123-name-30" type="given" value="STEPHEN"/>
<join result="offenceVictim" targOrder="Y" targets="t18741123-3-offence-1 t18741123-name-30"/>Stephen Stantion,</persName> and afterwards burglariously breaking out of the same.—</rs>
<hi rend="italic">
<rs id="t18741123-3-punishment-2" type="punishmentDescription">
<interp inst="t18741123-3-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18741123-3-punishment-2" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-3-18741123 t18741123-3-punishment-2"/>Four Months' Imprisonment.</rs> </hi> And</p> </div1>
<div1 type="trialAccount" id="t18741123-4">
<interp inst="t18741123-4" type="uri" value="sessionsPapers/18741123"/>
<interp inst="t18741123-4" type="date" value="18741123"/>
<join result="criminalCharge" id="t18741123-4-charge-1" targOrder="Y" targets="def1-4-18741123 t18741123-4-offence-1 t18741123-4-verdict-1"/>
<persName id="def1-4-18741123" type="defendantName">
<interp inst="def1-4-18741123" type="gender" value="male"/>
<interp inst="def1-4-18741123" type="age" value="26"/>
<interp inst="def1-4-18741123" type="surname" value="MULROY"/>
<interp inst="def1-4-18741123" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS MULROY</hi> (26)</persName>
<rs id="t18741123-4-verdict-1" type="verdictDescription">
<interp inst="t18741123-4-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741123-4-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs>
<rs id="t18741123-4-offence-1" type="offenceDescription">
<interp inst="t18741123-4-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18741123-4-offence-1" type="offenceSubcategory" value="libel"/>, for unlawfully publishing a libel concerning
<persName id="t18741123-name-32" type="victimName">
<interp inst="t18741123-name-32" type="gender" value="male"/>
<interp inst="t18741123-name-32" type="surname" value="HENDERSON"/>
<interp inst="t18741123-name-32" type="given" value="ROBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t18741123-4-offence-1 t18741123-name-32"/>Robert Henderson</persName>. </rs>
<hi rend="italic">
<rs id="t18741123-4-punishment-3" type="punishmentDescription">
<interp inst="t18741123-4-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18741123-4-punishment-3" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-4-18741123 t18741123-4-punishment-3"/>One Day's imprisonment</rs>, and to
<rs id="t18741123-4-punishment-4" type="punishmentDescription">
<interp inst="t18741123-4-punishment-4" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18741123-4-punishment-4" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-4-18741123 t18741123-4-punishment-4"/>enter into recognizances</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18741123-5">
<interp inst="t18741123-5" type="uri" value="sessionsPapers/18741123"/>
<interp inst="t18741123-5" type="date" value="18741123"/>
<join result="criminalCharge" id="t18741123-5-charge-1" targOrder="Y" targets="def1-5-18741123 t18741123-5-offence-1 t18741123-5-verdict-1"/>
<persName id="def1-5-18741123" type="defendantName">
<interp inst="def1-5-18741123" type="gender" value="male"/>
<interp inst="def1-5-18741123" type="age" value="36"/>
<interp inst="def1-5-18741123" type="surname" value="WEBB"/>
<interp inst="def1-5-18741123" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM WEBB</hi> (36)</persName>
<rs id="t18741123-5-offence-1" type="offenceDescription">
<interp inst="t18741123-5-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18741123-5-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Feloniously uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MR. COOKE</hi>
<hi rend="italic">conducted the Prosecution; and</hi> Me. Straight
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741123-name-34" type="witnessName">
<interp inst="t18741123-name-34" type="gender" value="male"/>
<interp inst="t18741123-name-34" type="surname" value="CUMMINGS"/>
<interp inst="t18741123-name-34" type="given" value="WILLIAM"/>WILLIAM CUMMINGS</persName> </hi>. I keep the Mitre Tavern, St. Martin's Lane—on 28th October, after midnight, the prisoner came in with a woman and asked me for two glasses of beer—he gave me a florin—I gave him 1
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>. change, and put the florin in the till—there was another florin there—the prisoner went outside and round into the other bar, called for two glasses of ale, and put down another florin—my wife took it up and asked me "If it was not bad?" I said "Yes;" went to the till and found the other florin bad—I jumped over the counter and caught hold of him, and he gave me the 1
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>. back—I then put the second florin between my teeth and bent it, but the woman got it afterwards—I marked the other florin, and so did the constable—I gave the prisoner in charge.</p>
<hi rend="italic">Cross-examined.</hi> There is a partition between the two boxes, you have to go outside to get from one to the other—my wife is not here—the bar is not very large, I could see the two boxes—I will swear that the woman</p>
<xptr type="pageFacsimile" doc="187411230008"/>
<p>did not give the second florin—she went round with the man—she took the first florin and went out of the house—I know it was bad because I tried it between my teeth—it was soft and of a dark colour.</p>
<hi rend="italic">Re-examined.</hi> My wife has recently been confined—I was holding the prisoner when the woman went away.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-35" type="witnessName">
<interp inst="t18741123-name-35" type="gender" value="male"/>
<interp inst="t18741123-name-35" type="surname" value="WEBSTER"/>
<interp inst="t18741123-name-35" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. I am inspector of coin to the Mint—this is a bad florin. '.</p>
<hi rend="smallCaps">
<rs id="t18741123-5-verdict-1" type="verdictDescription">
<interp inst="t18741123-5-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741123-5-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">He was further charged with a previous conviction of a like offence in April</hi>, 1872,
<hi rend="italic">when he was sentenced to two year's imprisonment to which he</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi>**—
<hi rend="italic">
<rs id="t18741123-5-punishment-5" type="punishmentDescription">
<interp inst="t18741123-5-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18741123-5-punishment-5" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-5-18741123 t18741123-5-punishment-5"/>Five Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18741123-6">
<interp inst="t18741123-6" type="uri" value="sessionsPapers/18741123"/>
<interp inst="t18741123-6" type="date" value="18741123"/>
<join result="criminalCharge" id="t18741123-6-charge-1" targOrder="Y" targets="def1-6-18741123 t18741123-6-offence-1 t18741123-6-verdict-1"/>
<persName id="def1-6-18741123" type="defendantName">
<interp inst="def1-6-18741123" type="gender" value="male"/>
<interp inst="def1-6-18741123" type="age" value="50"/>
<interp inst="def1-6-18741123" type="surname" value="CALVERT"/>
<interp inst="def1-6-18741123" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE CALVERT</hi> (50)</persName>
<rs id="t18741123-6-offence-1" type="offenceDescription">
<interp inst="t18741123-6-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18741123-6-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MR. COOKE</hi>
<hi rend="italic">conducted the Prosecution; and</hi> Mr. Frith
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741123-name-37" type="witnessName">
<interp inst="t18741123-name-37" type="gender" value="female"/>
<interp inst="t18741123-name-37" type="surname" value="BAXTER"/>
<interp inst="t18741123-name-37" type="given" value="HANNAH"/>HANNAH BAXTER</persName> </hi>. I keep a shop at 25, Kirby Street, Poplar—on 23rd October, about 8 p.m., I served a woman with an ounce of tea—she gave me a bad crown—I said "This don't look a very good one"—she said "Don't it?"—I said "No"—she said that she had got both paid at the Docks, and very likely she could catch the man before he went away—while she was there the prisoner came in for 1
<hi rend="italic">d</hi>. worth of cheese and gave me 1
<hi rend="italic">d</hi>.—the woman went out first and then the man—I went out after them—they did not walk together, but in the same direction—I could not see a policeman—I saw the woman in Mrs. Betts' shop a quarter of an hour afterwards—after she left I went in, and as I came out I saw the prisoner outside—I afterwards saw the woman in Mr. McIntosh's shop and the prisoner outside—after she came out I went in and. spoke to Mrs. McIntosh and then followed them into Catherine Street, where I pointed out the prisoner to a policeman, but the woman had then gone.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-38" type="witnessName">
<interp inst="t18741123-name-38" type="gender" value="female"/>
<interp inst="t18741123-name-38" type="surname" value="BETTS"/>
<interp inst="t18741123-name-38" type="given" value="EMMA"/>EMMA BETTS</persName> </hi>. I am the wife of James Betts, who keeps a fish shop at 117, Crisp Street, Poplar—on 23rd October a woman came in for 3
<hi rend="italic">d</hi>. worth of fish and gave me a 5
<hi rend="italic">s</hi>. piece—I thought it was bad and called my husband who looked at it, and then the woman took it and ran out—I did not see the prisoner.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-39" type="witnessName">
<interp inst="t18741123-name-39" type="gender" value="female"/>
<interp inst="t18741123-name-39" type="surname" value="MCINTOSH"/>
<interp inst="t18741123-name-39" type="given" value="SARAH"/>SARAH MCINTOSH</persName> </hi>. I am the wife of James McIntosh, baker, of 132, Grundry Street, Poplar—on 23rd October a woman came in for a half-quartern loaf, which came to 3d—she gave me a crown and I gave her the change, and just as she was going out the prisoner came in and she passed something to him—he bought a 1/2
<hi rend="italic">d</hi>. loaf—Baxter then came in and spoke to me—I gave the prisoner in custody and followed the woman—this is the crown.</p>
<hi rend="italic">Cross-examined.</hi> I stated before the Magistrate the same as I do now—I cannot account for the passing of the money from one to the other not being mentioned in my deposition.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-40" type="witnessName">
<interp inst="t18741123-name-40" type="gender" value="male"/>
<interp inst="t18741123-name-40" type="surname" value="LEIGHTON"/>
<interp inst="t18741123-name-40" type="given" value="EDWARD"/>EDWARD LEIGHTON</persName> </hi> (
<hi rend="italic">Policeman K</hi> 180). On 23rd October McIntosh gave the prisoner into my charge—he admitted being in the shop, but said that he knew nothing about the money—I searched him at the station and found four shillings and one florin corresponding with the coin given to the woman in change—Mr. McIntosh gave me this crown (
<hi rend="italic">produced</hi>).</p>
<hi rend="smallCaps">
<persName id="t18741123-name-41" type="witnessName">
<interp inst="t18741123-name-41" type="gender" value="male"/>
<interp inst="t18741123-name-41" type="surname" value="WEBSTER"/>
<interp inst="t18741123-name-41" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This coin is bad.</p>
<hi rend="smallCaps">
<rs id="t18741123-6-verdict-1" type="verdictDescription">
<interp inst="t18741123-6-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741123-6-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>**—
<hi rend="italic">
<rs id="t18741123-6-punishment-6" type="punishmentDescription">
<interp inst="t18741123-6-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18741123-6-punishment-6" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-6-18741123 t18741123-6-punishment-6"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18741123-7">
<interp inst="t18741123-7" type="uri" value="sessionsPapers/18741123"/>
<interp inst="t18741123-7" type="date" value="18741123"/>
<join result="criminalCharge" id="t18741123-7-charge-1" targOrder="Y" targets="def1-7-18741123 t18741123-7-offence-1 t18741123-7-verdict-1"/>
<persName id="def1-7-18741123" type="defendantName">
<interp inst="def1-7-18741123" type="gender" value="female"/>
<interp inst="def1-7-18741123" type="age" value="19"/>
<interp inst="def1-7-18741123" type="surname" value="DAY"/>
<interp inst="def1-7-18741123" type="given" value="CHRISTIANA"/>
<hi rend="largeCaps">CHRISTIANA DAY</hi> (19)</persName>
<rs id="t18741123-7-offence-1" type="offenceDescription">
<interp inst="t18741123-7-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18741123-7-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MESSRS. DR MICHELE</hi>
<hi rend="italic">and</hi> Cooke
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741123-name-43" type="witnessName">
<interp inst="t18741123-name-43" type="gender" value="male"/>
<interp inst="t18741123-name-43" type="surname" value="LAZZERINI"/>
<interp inst="t18741123-name-43" type="given" value="POLLAKY"/>POLLAKY LAZZERINI</persName> </hi>. I am a grocer, of 19, Brownlow Street—on 27th</p>
<xptr type="pageFacsimile" doc="187411230009"/>
<p>October, about 6.30, the prisoner came in for a penny candle and gave me a shilling—I put it in the till where there was no other shilling, and she left—about 9.30 she came in again for 1 lb. of bread and some needles and put down another shilling—I told her it was bad and she gave me a sixpence which I had given her in change before—I gave the two shillings to the constable, they were both of 1868.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-44" type="witnessName">
<interp inst="t18741123-name-44" type="gender" value="male"/>
<interp inst="t18741123-name-44" type="surname" value="COOKE"/>
<interp inst="t18741123-name-44" type="given" value="JOHN"/>JOHN COOKE</persName> </hi> (
<hi rend="italic">Policeman E</hi> 407). I was on duty in Drury Lane and met the prosecutor holding the prisoner, who he gave into my charge—she said "I had them given me by Margaret Somers."</p>
<hi rend="smallCaps">
<persName id="t18741123-name-45" type="witnessName">
<interp inst="t18741123-name-45" type="gender" value="male"/>
<interp inst="t18741123-name-45" type="surname" value="ANDREWS"/>
<interp inst="t18741123-name-45" type="given" value="CHARLES"/>CHARLES ANDREWS</persName> </hi>. I am manager of the Rose and Three Tuns, Little Earl Street—on 10th June the prisoner came in and tendered a bad shilling—she was taken before a Magistrate, remanded, and discharged.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-46" type="witnessName">
<interp inst="t18741123-name-46" type="gender" value="male"/>
<interp inst="t18741123-name-46" type="surname" value="BELCHER"/>
<interp inst="t18741123-name-46" type="given" value="EDWARD"/>EDWARD BELCHER</persName> </hi> (
<hi rend="italic">Policeman E</hi> 270). Andrews gave the prisoner into my charge with this shilling (
<hi rend="italic">produced</hi>).</p>
<hi rend="smallCaps">
<persName id="t18741123-name-47" type="witnessName">
<interp inst="t18741123-name-47" type="gender" value="male"/>
<interp inst="t18741123-name-47" type="surname" value="WEBSTER"/>
<interp inst="t18741123-name-47" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These three shillings are bad; two of them are from the same mould.</p>
<hi rend="smallCaps">
<rs id="t18741123-7-verdict-1" type="verdictDescription">
<interp inst="t18741123-7-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741123-7-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18741123-7-punishment-7" type="punishmentDescription">
<interp inst="t18741123-7-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18741123-7-punishment-7" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-7-18741123 t18741123-7-punishment-7"/>Nine Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18741123-8">
<interp inst="t18741123-8" type="uri" value="sessionsPapers/18741123"/>
<interp inst="t18741123-8" type="date" value="18741123"/>
<join result="criminalCharge" id="t18741123-8-charge-1" targOrder="Y" targets="def1-8-18741123 t18741123-8-offence-1 t18741123-8-verdict-1"/>
<persName id="def1-8-18741123" type="defendantName">
<interp inst="def1-8-18741123" type="gender" value="male"/>
<interp inst="def1-8-18741123" type="age" value="28"/>
<interp inst="def1-8-18741123" type="surname" value="SMITH"/>
<interp inst="def1-8-18741123" type="given" value="JOSEPH"/>
<hi rend="largeCaps">JOSEPH SMITH</hi> (28)</persName>, was indicted
<rs id="t18741123-8-offence-1" type="offenceDescription">
<interp inst="t18741123-8-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18741123-8-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<hi rend="smallCaps">
<persName id="t18741123-name-49" type="witnessName">
<interp inst="t18741123-name-49" type="gender" value="male"/>
<interp inst="t18741123-name-49" type="surname" value="MICHELE"/>
<interp inst="t18741123-name-49" type="given" value="DE"/>MR. DE MICHELE</persName> </hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741123-name-50" type="witnessName">
<interp inst="t18741123-name-50" type="gender" value="male"/>
<interp inst="t18741123-name-50" type="surname" value="BANNISTER"/>
<interp inst="t18741123-name-50" type="given" value="THOMAS"/>THOMAS BANNISTER</persName> </hi>. I manage the Red Lion, St. Giles's—on 29th October the prisoner was served with a pint of beer—he gave me a shilling—I put it in my mouth, told him it was bad, and gave him in custody with the shilling—on 24th October a shilling had been tendered, but not in my presence; it was found to be bad—we took care of it, but I cannot identify it, as I gave five bad shillings to the constable—they had been tendered between the 23rd and the 29th.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-51" type="witnessName">
<interp inst="t18741123-name-51" type="gender" value="female"/>
<interp inst="t18741123-name-51" type="surname" value="BANNISTER"/>
<interp inst="t18741123-name-51" type="given" value="EMILY"/>EMILY BANNISTER</persName> </hi>. I am the wife of the last witness—on 24th October the prisoner was the last customer in the bar at 12 o'clock—I had emptied the till, and there was no money there—he put a shilling down—I went to the further till to get the change—I afterwards remembered that it was him—I took the coin out of the till a few minutes after he left and found it was bad—I gave it to my husband, who gave it to the constable, with. others—the prisoner had been there with a woman on the Wednesday before, and had two half-quarterns of rum; he paid with two separate shillings, but I did not notice that they were bad—I am confident that they were shillings.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-52" type="witnessName">
<interp inst="t18741123-name-52" type="gender" value="male"/>
<interp inst="t18741123-name-52" type="surname" value="NIXON"/>
<interp inst="t18741123-name-52" type="given" value="EDWIN"/>EDWIN NIXON</persName> </hi> (
<hi rend="italic">Policeman E</hi> 265). Mr. Bannister gave the prisoner into my custody, with these six shillings (
<hi rend="italic">produced</hi>)—he said that he was innocent—I found on him a sixpence and fourpence.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-53" type="witnessName">
<interp inst="t18741123-name-53" type="gender" value="female"/>
<interp inst="t18741123-name-53" type="surname" value="BIRKETT"/>
<interp inst="t18741123-name-53" type="given" value="FRANK"/>FRANK BIRKETT</persName> </hi>. I am landlord of the King's Head, Queen Street, Holborn—on 8th September the prisoner was served, and tendered a florin to the barmaid, who gave it to me, and I found it was bad, and gave it to the policeman—the prisoner said that his master, Mr. Bull, of Long Acre, paid it to him in his wages.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-54" type="witnessName">
<interp inst="t18741123-name-54" type="gender" value="male"/>
<interp inst="t18741123-name-54" type="surname" value="WEBDALE"/>
<interp inst="t18741123-name-54" type="given" value="WILLIAM"/>WILLIAM WEBDALE</persName> </hi>. The prisoner was given into my custody—I went with him to Great Queen Street, where the foreman gave me this florin—I marked it.</p>
<hi rend="italic">Prisoner's Defence.</hi> This is the first time I have been in prison. I have have had to leave my place because I have fits. I was at Mr. Waterlow's three years, and at Mr. Abbot's two or three years, but have not given my right name, as I did not want my friends to know. My name is Humphreys. We are all liable to take bad money. I did not look at it or put it in my mouth.</p>
<hi rend="smallCaps">
<rs id="t18741123-8-verdict-1" type="verdictDescription">
<interp inst="t18741123-8-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741123-8-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18741123-8-punishment-8" type="punishmentDescription">
<interp inst="t18741123-8-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18741123-8-punishment-8" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-8-18741123 t18741123-8-punishment-8"/>Fifteen Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18741123-9">
<interp inst="t18741123-9" type="uri" value="sessionsPapers/18741123"/>
<interp inst="t18741123-9" type="date" value="18741123"/>
<join result="criminalCharge" id="t18741123-9-charge-1" targOrder="Y" targets="def1-9-18741123 t18741123-9-offence-1 t18741123-9-verdict-1"/>
<xptr type="pageFacsimile" doc="187411230010"/>
<persName id="def1-9-18741123" type="defendantName">
<interp inst="def1-9-18741123" type="gender" value="female"/>
<interp inst="def1-9-18741123" type="age" value="23"/>
<interp inst="def1-9-18741123" type="surname" value="GARRAD"/>
<interp inst="def1-9-18741123" type="given" value="ANNA"/>
<hi rend="largeCaps">ANNA GARRAD</hi> (23)</persName>
<rs id="t18741123-9-offence-1" type="offenceDescription">
<interp inst="t18741123-9-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18741123-9-offence-1" type="offenceSubcategory" value="concealingABirth"/>, Unlawfully endeavouring to conceal the birth of her child.</rs> </p>
<hi rend="smallCaps">MR. SIMS</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<rs id="t18741123-9-verdict-1" type="verdictDescription">
<interp inst="t18741123-9-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741123-9-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<rs id="t18741123-9-punishment-9" type="punishmentDescription">
<interp inst="t18741123-9-punishment-9" type="punishmentCategory" value="noPunish"/>
<interp inst="t18741123-9-punishment-9" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-9-18741123 t18741123-9-punishment-9"/>
<hi rend="italic">Judgment Respited.</hi> </rs> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, November</hi> 24
<hi rend="italic">th</hi>, 1874.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18741123-10">
<interp inst="t18741123-10" type="uri" value="sessionsPapers/18741123"/>
<interp inst="t18741123-10" type="date" value="18741123"/>
<join result="criminalCharge" id="t18741123-10-charge-1" targOrder="Y" targets="def1-10-18741123 t18741123-10-offence-1 t18741123-10-verdict-1"/>
<persName id="def1-10-18741123" type="defendantName">
<interp inst="def1-10-18741123" type="gender" value="male"/>
<interp inst="def1-10-18741123" type="age" value="38"/>
<interp inst="def1-10-18741123" type="surname" value="MELTON"/>
<interp inst="def1-10-18741123" type="given" value="WILLIAM HENRY"/>
<hi rend="largeCaps">WILLIAM HENRY MELTON</hi> (38)</persName>, Was indicted
<rs id="t18741123-10-offence-1" type="offenceDescription">
<interp inst="t18741123-10-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18741123-10-offence-1" type="offenceSubcategory" value="libel"/> for an indecent libel of and concerning one
<persName id="t18741123-name-57" type="victimName">
<interp inst="t18741123-name-57" type="gender" value="male"/>
<interp inst="t18741123-name-57" type="surname" value="COX"/>
<interp inst="t18741123-name-57" type="given" value="EBENEZER"/>
<join result="offenceVictim" targOrder="Y" targets="t18741123-10-offence-1 t18741123-name-57"/>Ebenezer Cox</persName>.</rs> </p>
<hi rend="smallCaps">MR. J. P. GRAIN</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<rs id="t18741123-10-verdict-1" type="verdictDescription">
<interp inst="t18741123-10-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18741123-10-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18741123-11">
<interp inst="t18741123-11" type="uri" value="sessionsPapers/18741123"/>
<interp inst="t18741123-11" type="date" value="18741123"/>
<join result="criminalCharge" id="t18741123-11-charge-1" targOrder="Y" targets="def1-11-18741123 t18741123-11-offence-1 t18741123-11-verdict-1"/>
<join result="criminalCharge" id="t18741123-11-charge-2" targOrder="Y" targets="def2-11-18741123 t18741123-11-offence-1 t18741123-11-verdict-2"/>
<join result="criminalCharge" id="t18741123-11-charge-3" targOrder="Y" targets="def3-11-18741123 t18741123-11-offence-1 t18741123-11-verdict-1"/>
<join result="criminalCharge" id="t18741123-11-charge-4" targOrder="Y" targets="def4-11-18741123 t18741123-11-offence-2 t18741123-11-verdict-2"/>
<persName id="def1-11-18741123" type="defendantName">
<interp inst="def1-11-18741123" type="gender" value="male"/>
<interp inst="def1-11-18741123" type="age" value="40"/>
<interp inst="def1-11-18741123" type="surname" value="SUTTON"/>
<interp inst="def1-11-18741123" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN SUTTON</hi> (40)</persName>,
<persName id="def2-11-18741123" type="defendantName">
<interp inst="def2-11-18741123" type="gender" value="male"/>
<interp inst="def2-11-18741123" type="age" value="37"/>
<interp inst="def2-11-18741123" type="surname" value="LUCY"/>
<interp inst="def2-11-18741123" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM LUCY</hi> (37)</persName>, and
<persName id="def3-11-18741123" type="defendantName">
<interp inst="def3-11-18741123" type="gender" value="male"/>
<interp inst="def3-11-18741123" type="age" value="23"/>
<interp inst="def3-11-18741123" type="surname" value="FEASEY"/>
<interp inst="def3-11-18741123" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS FEASEY</hi> (23)</persName>, were indicted (with
<hi rend="largeCaps">JONES</hi> and
<hi rend="largeCaps">WHITE</hi>, not in custody)
<rs id="t18741123-11-offence-1" type="offenceDescription">
<interp inst="t18741123-11-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18741123-11-offence-1" type="offenceSubcategory" value="stealingFromMaster"/> for stealing a ton of coals of
<persName id="t18741123-name-61" type="victimName">
<interp inst="t18741123-name-61" type="gender" value="male"/>
<interp inst="t18741123-name-61" type="surname" value="RICKETT"/>
<interp inst="t18741123-name-61" type="given" value="JOSEPH COMPTON"/>
<join result="offenceVictim" targOrder="Y" targets="t18741123-11-offence-1 t18741123-name-61"/>Joseph Compton Rickett</persName> and another, the masters of Sutton, and </rs>
<persName id="def4-11-18741123" type="defendantName">
<interp inst="def4-11-18741123" type="gender" value="male"/>
<interp inst="def4-11-18741123" type="age" value="40"/>
<interp inst="def4-11-18741123" type="surname" value="HOWE"/>
<interp inst="def4-11-18741123" type="given" value="DAVID"/>
<interp inst="def4-11-18741123" type="occupation" value="retail coal dealer"/>
<hi rend="largeCaps">DAVID HOWE</hi> (40)</persName>
<rs id="t18741123-11-offence-2" type="offenceDescription">
<interp inst="t18741123-11-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18741123-11-offence-2" type="offenceSubcategory" value="receiving"/>, for feloniously receiving the same.</rs> </p>
<hi rend="largeCaps">SUTTON</hi> and
<hi rend="largeCaps">FEASEY</hi>
<hi rend="smallCaps">
<rs id="t18741123-11-verdict-1" type="verdictDescription">
<interp inst="t18741123-11-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741123-11-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.</p>
<hi rend="smallCaps">MR. F. H. LEWIS</hi>
<hi rend="italic">conducted the Prosecution</hi>; Me. Weatherfield
<hi rend="italic">defended</hi> </p>
<hi rend="smallCaps">LUCY</hi>,
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. STRAIGHT</hi>
<hi rend="italic">defended Howe.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741123-name-63" type="witnessName">
<interp inst="t18741123-name-63" type="gender" value="male"/>
<interp inst="t18741123-name-63" type="surname" value="HAWKES"/>
<interp inst="t18741123-name-63" type="given" value="JOHN"/>JOHN HAWKES</persName> </hi> (
<hi rend="italic">City Policeman</hi> 92). On the evening of 21st October, from information I received I went to Gravel Lane—I there saw a van standing before the prisoner Howe's shop, No. 117; he is a retail coal dealer—Sutton and Feasey were there, and Howe was inside his shop—the name of "Rickett, Smith & Co." was on both sides of the van and in front, in large letters, and the prices of the coal, 28
<hi rend="italic">s</hi>., 31
<hi rend="italic">s</hi>., and 34
<hi rend="italic">s</hi>.—when I passed again Feasey was in the act of shooting some sacks of coals into a compartment in Howe's shop—at that time I saw two or three sacks in the van—Sutton was standing at the tail of the van shifting them—I went back into Houndsditch, which was about fifty yards, to get the assistance of a man in uniform—I then returned to the shop—Sutton was then in the act of lifting the sacks from the ground into the van—after speaking to him I asked Howe whether he had got any invoice—he said "No, I never ordered the coals; the man asked me to buy them. I was going to give him 25
<hi rend="italic">s</hi>. for them; I can buy the same coals for 23
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—I said "It is very singular that you should buy of a man in the street for 25
<hi rend="italic">s</hi>. when you can get them for 23
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. in the usual way"—I then left Howe and Sutton in the custody of two officers while I went to Fenchurch Street—I asked Sutton in Howe's presence for his delivery book—he gave it me, and I produce it—I pointed out an entry to him of the name of Scott, 17, Fenchurch Street, and asked him what it referred to—he said that he had two tons of coal to deliver there—I went there and saw the housekeeper, and saw four vans outside the door, and from what I stated the housekeeper had the sacks counted in my presence—there were eighty sacks—I then went with the housekeeper into Mr. Scott's office—Jones, White, Feasey, and Lucy presented their delivery books for signature—the housekeeper declined to sign them—they each said that they had delivered their coals—I asked them where the other man was—I did not know Sutton's name at that time—they said they did not know—I after wards took Feasey into custody—at the station that night, when the charge was taken, Howe remarked that he was going to give 25
<hi rend="italic">s</hi>. for the coals—Sutton replied "Don't talk like that; we offered them to you for
<hi rend="italic">ll.</hi>, and you were only going to give us 15
<hi rend="italic">s</hi>., and you were afterwards going to make it 16
<hi rend="italic">s</hi>.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WEATHERFIELD</hi>. Lucy was not in Mr. Scott's</p>
<xptr type="pageFacsimile" doc="187411230011"/>
<p>office when I first went there—he was in the street—I can't say that I saw him come up from the cellar—I did not hear him say that he was in the cellar at the time—he was not in Howe's shop at all.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. STRAIGHT</hi>. Gravel Lane is a well frequented thoroughfare—Mr. Defries' factory is immediately opposite Howe's shop and there are two smaller working jeweller's shops on the same side as Howe's—it is an open shop with two gas branches, one in each window, one in the shop and a street lamp over the door; plenty of light to see what was going on—I have known Howe for some years—I don't know how long he has had this shop.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-64" type="witnessName">
<interp inst="t18741123-name-64" type="gender" value="male"/>
<interp inst="t18741123-name-64" type="surname" value="SUTTON"/>
<interp inst="t18741123-name-64" type="given" value="JOHN"/>JOHN SUTTON</persName> </hi> (
<hi rend="italic">the Prisoner.</hi>) I was in the service of Messrs. Rickett, Smith, and Co.—I and four others went to Mr. Scott's, in Fenchurch Street, to deliver 10 tons of coals—there were 5 vans with 2 tons in each—I can't say for certain whether White's, or Jones' van delivered first—Lucy's was the third van—I ton was delivered out of his van—Feasy and I took the other ton to Howe's shop—we did not take it without Lucy's permission—we were all together—he was agreeable to have it taken away as well as the others, because he stood at the tail of the van pulling back the coals for the others to take them in—the other men who are not here knew of their being taken away, one of them was the first that proposed it—Feasey and I went trying to sell the coals at different places till we came to Howe's shop—I called Howe out and asked him if he wanted to buy a ton of coals—he said "Yes"—he asked to see them before he bought them—the van stood over in a turning leading to Duke's Place, and he came and jumped on the front wheel of the van and looked at the coals—he asked me how much I wanted for them—I asked him
<hi rend="italic">ll.</hi>—he said he would
<hi rend="italic">give</hi> us 15
<hi rend="italic">s</hi>.—I declined taking 15
<hi rend="italic">s</hi>. and asked him if he could not make it 16
<hi rend="italic">s</hi>., and he said he would and we were to bring them over to his shop—Feasey was present—he asked me if it was all right—I said "Yes"—I had brought them from Fenchurch Street, at least me and Feasey had—I called to Feasey, who was with "the horse, and he brought the van over and we began to shoot the coals—the name of Rickett and Smith was on the van and the prices of the coals, 28
<hi rend="italic">s</hi>., 31
<hi rend="italic">s</hi>. and 34
<hi rend="italic">s</hi>.—we were then taken into custody.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WEATHERFIELD</hi>. Lucy was in Mr. Harris's employment, who supplies the horses for the vans—he was at the tail of the van when we went away with it—he had not been in the cellar, it was a straight shoot and did not want anyone in the cellar, it was a big cellar, it would hold 40 tons—mine was the last van.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. STRAIGHT</hi>. I was never asked by the prosecutors to make this statement—I have been in their employment about seven years on and off—I said yesterday when called on to plead that we were all guilty—I had never sold coals before in this way, and I don't know that we. should have done it then only we had been having a drop to drink, it was partly through that—we have plenty of places where there is not room to put the coals in, and we have to put them in the yard or somewhere else—I have not occasionally found customers who could not take in all we brought, if we could not put them in one place we found another—I saw a young lad in Howe's shop—I did not tell Howe that I had been to deliver the coals at a house but they had only got room for one ton—I did not show him my delivery book, nor did Feasey; he did not have it, it was only me had it—there ought to have been 100 sacks delivered at. Mr. Scott's—we delivered ten at Howe's—he did not ask me to give him a receipt—I did</p>
<xptr type="pageFacsimile" doc="187411230012"/>
<p>not say I had no bill, not till the policeman asked me—Howe did not pay me anything—he did not say "I will not pay you without a bill." nor did I say "I will bring you one in the morning"—Howe never asked me such a thing till the policeman came; he did then ask me if I had a bill, because he saw the policeman come, and I said "Have I not given you a bill?"—he said "No, I have not"—I said "Then I must have lost the bill"—Feasey was shooting one sack in the shop when the officer came.</p>
<hi rend="italic">Re-examined.</hi> When the constable went to Fenchurch Street Howe told me to tell them when I was taken to the station that he had given 25
<hi rend="italic">s</hi>. a ton for the coals and told me to stick to that and say nothing else and he would see me righted when I came out. '</p>
<hi rend="smallCaps">
<persName id="t18741123-name-65" type="witnessName">
<interp inst="t18741123-name-65" type="gender" value="male"/>
<interp inst="t18741123-name-65" type="surname" value="FEASEY"/>
<interp inst="t18741123-name-65" type="given" value="THOMAS"/>THOMAS FEASEY</persName> </hi> (
<hi rend="italic">the prisoner</hi>). I was in the service of Mr. Harris, who contracts for the horses for Rickett and Co.—I recollect taking these coals to Howe—Lucy knew of our taking them, he was at the tail of the van at the time along with the other two men not in custody—we did not go right up to Howe's shop, we went to a turning; Howe came to us—Sutton went and fetched him—he came and looked at the coals, he got up on the wheel and offered 15
<hi rend="italic">s</hi>. for them—we asked him
<hi rend="italic">ll.</hi>—he then said he would make it another shilling; the van was then taken to Howe's shop and the coals were delivered—while they were being delivered the police interfered—I heard nothing said to Howe as to how we came to be disposing of the coals.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-66" type="witnessName">
<interp inst="t18741123-name-66" type="gender" value="male"/>
<interp inst="t18741123-name-66" type="surname" value="ARCHIBALD"/>
<interp inst="t18741123-name-66" type="given" value="DAVID"/>DAVID ARCHIBALD</persName> </hi>. I am housekeeper at Mr. Scott's, 17, Fenchurch Street—I recollect the coals being delivered—the sacks were afterwards counted and only eighty found—next day the coals were weighed and only 9 tons found—on the night of the 21st all the men produced their delivery books but Sutton—I refused to sign them—they said their coals were all right—the counting took place after the policemen came, I had not counted them before.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-67" type="witnessName">
<interp inst="t18741123-name-67" type="gender" value="male"/>
<interp inst="t18741123-name-67" type="surname" value="ANDREWS"/>
<interp inst="t18741123-name-67" type="given" value="STEPHEN"/>STEPHEN ANDREWS</persName> </hi>. I am horsekeeper in the prosecutor's service—I weighed the coals at Feuchurch Street, they weighed nine tons—I afterwards weighed some coals at Howe's, they weighed one ton; they were the same description of coals as those at Fenchurch Street—Lucy returned to King's Cross on the night of the 21st with Sutton's van—I asked him about Sutton—he said he did not know—I said "You must know where he is"—he said he did not unless he had gone and got too much to drink and was not capable of driving his van home—I asked him where his van was—he said his mates had taken it home.</p>
<hi rend="italic">Witnesses for Howe.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741123-name-68" type="witnessName">
<interp inst="t18741123-name-68" type="gender" value="male"/>
<interp inst="t18741123-name-68" type="surname" value="HOWE"/>
<interp inst="t18741123-name-68" type="given" value="JOHN"/>JOHN HOWE</persName> </hi>. I am the prisoner's son, I am eighteen years of age—I was born in the house in Gravel Lane where my father has been carrying on business—on the evening in question Sutton came to the shop and asked if the governor was in—I said "Yes"—I called my father from downstairs, and when he came up Sutton said "Governor I have a ton of good coals to sell, I have been to a place with two tons, they have only taken one ton because they had not sufficient room for the other, if I take them back there will be double carriage to pay"—father asked him where they were from—he said Rickett and Smith's, King's Cross—father asked the price—he pulled a book out of his pocket and said "25
<hi rend="italic">s</hi>. to dealers"—father asked where they were—he said up the top of the street and father went to see—they returned in a few minutes, and father told the coalman to shoot them—there was another man with the cart, I don't know his name—the coals were shot in father's place—father said "Mate, have you got a bill?"—he</p>
<xptr type="pageFacsimile" doc="187411230013"/>
<p>said "No governor"—father said "I will not pay you without a bill"—he said "I will bring you a bill to-morrow morning"—I am sure he said that before the policeman same—he brought a few more coals in after that, and I saw him counting the sacks.</p>
<hi rend="italic">Cross-examined.</hi> I was at the Police Court when my father was committed for trial—I don't remember the Magistrate asking him whether he had any witnesses to. call—I was not examined—I was in the shop when the prisoners came there.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-69" type="witnessName">
<interp inst="t18741123-name-69" type="gender" value="male"/>
<interp inst="t18741123-name-69" type="surname" value="DRISCOLL"/>
<interp inst="t18741123-name-69" type="given" value="EDWARD"/>EDWARD DRISCOLL</persName> </hi>. I am sixteen years old next March—I was employed by Mr. Howe to carry out coals—I was in the shop with John when a man came and asked for Mr. Howe—the son called his father up from downs tairs—he came up—the man said to him "Governor I have a ton of good coals to sell, I have been to a place with two tons, they have only taken one ton in because they have not sufficient room for the other, if we take them back there will double carriage"—master asked where did he fetch them from—he said from Rickett and Smith's—master asked him what was the price of them—the coalman pulled a book out of his pocket, saying "25
<hi rend="italic">s</hi>. to dealers"—master asked him where they were; he said at the top of the street—master went to look at them, and when they both came back with the coals master told him to shoot them—when he had part of them shot master asked him for a bill—he said he had none, he had lost the bill—master told him to go back to the office and fetch a bill—he said the office closed at 5 o'clock, he would fetch one tomorrow—master said if he did not fetch a bill he would go himself and pay the money—the coal man said "Don't do that, I will fetch a bill in the morning"—he then went outside and he was counting some of the sacks while the other was taking the coals in.</p>
<hi rend="italic">Cross-examined.</hi> I did not think there was anything wrong in the transaction—I was sitting down in the shop—I was attending very carefully to what was being said—I did not hear young Howe give his evidence—I was in Court—I know that I have told word for word what he told—we have not talked over together what we could prove—I was not called at tile Police Court—master has been out on bail since last Session—he did not speak to me at all about what I had to say—I told Mr. Pratt (
<hi rend="italic">the solicitor's clerk</hi>) what I could say and he took it down—I had not told my master before that what I could say—since I spoke to Mr. Pratt I have spoken to young Howe about what I was going to say to-day; I came here with him to-day—we did not talk about what we were going to say—I did not write it down—my master left the shop for about five minutes and then came back with Sutton and the cart.</p>
<hi rend="italic">Re-examined.</hi> I have told the truth—I heard what I have stated pass about the coal—master was taken into custody on Wednesday and was before the Magistrate on the Thursday—I was there—he was in custody from the Thursday to the Monday, when he was before the Magistrate again—during that time I had not seen him—I made my statement to Mr. Pratt on the Thursday I think at Basinghall Street, at Mr. Buchanan's office—that was before I went to the Police Court—I had not seen my. master between the time of his being taken into custody and my going to Mr. Buchanan's office. (
<hi rend="italic">The witness was desired by the</hi> Court
<hi rend="italic">to repeat his evidence, which he did in precisely the same terms.</hi>)</p>
<hi rend="smallCaps">
<persName id="t18741123-name-70" type="witnessName">
<interp inst="t18741123-name-70" type="gender" value="male"/>
<interp inst="t18741123-name-70" type="surname" value="CRESS"/>
<interp inst="t18741123-name-70" type="given" value="CORNELIUS"/>CORNELIUS CRESS</persName> </hi>. I am a wheelwright, and live at 20, Cheshire Street, Waterloo Town, Bethnal Green—on the night Howe was taken into custody,</p>
<xptr type="pageFacsimile" doc="187411230014"/>
<p>I was downstairs with him—I followed him up into the shop in about two minutes—I found the coal man there—he said "Governor, I have got a ton of good coals I will sell you"—Howe said "Where are they?"—he said "At the top of the street," and he went and looked at them—before he went he asked how much—he said "25
<hi rend="italic">s</hi>., " pulling out a book—when they came back he told him to shoot them—when they were most all shot he asked him for a bill, so that he could go up stairs and get him the money—he said he had none, for he had lost it—Howe said if ha had not got one he should take the money to the office—he said "Don't do that, I will bring you one to-morrow morning."</p>
<hi rend="italic">Cross-examined.</hi> It was a book like the one produced that the man pulled out—I did not see what was inside it—I did not see whether Howe looked at it or not—I was not at the Police Court—I had other business to attend to—the coals were not all shot when he asked about the bill; there were two or three sacks to be shot.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-71" type="witnessName">
<interp inst="t18741123-name-71" type="gender" value="male"/>
<interp inst="t18741123-name-71" type="surname" value="PRATT"/>
<interp inst="t18741123-name-71" type="given" value="EDWARD"/>EDWARD PRATT</persName> </hi>. I am clerk to Mr. Buchanan, of Basinghall Street, and have charge of the criminal cases—I was acting on his behalf in this charge against Mr. Howe—he was arrested on Wednesday night, the 21st—he was brought up in custody on 22nd and remanded till 26th—on the morning of the 22nd I had Mr. Howe's statement, and I had each of the lads separately in the room—I was present at the Court on the 22nd; Mr. Buchanan at tended—I was prepared with the witnesses on the 26th—the prisoner's statement was taken down by Mr. Buchanan—he is an old client of his—I took the evidence of the two boys on the Thursday morning after—I took the prisoner's statement, but not in writing, I did not think it necessary, it was so exactly similar to what the prisoner told me—Mr. Buchanan after wards took it down in writing to instruct counsel—that was done between the Thursday and the Monday.</p>
<hi rend="italic">Several witnesses deposed to Howe's good character.</hi> </p>
<hi rend="largeCaps">HOWE</hi>
<hi rend="italic">and</hi>
<hi rend="largeCaps">LUCY</hi>
<hi rend="smallCaps">
<rs id="t18741123-11-verdict-2" type="verdictDescription">
<interp inst="t18741123-11-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18741123-11-verdict-2" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<hi rend="largeCaps">SUTTON</hi>
<hi rend="italic">
<rs id="t18741123-11-punishment-10" type="punishmentDescription">
<interp inst="t18741123-11-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18741123-11-punishment-10" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-11-18741123 t18741123-11-punishment-10"/>Six Months' Imprisonment.</rs> </hi> </p>
<hi rend="largeCaps">FEASEY</hi>
<hi rend="italic">
<rs id="t18741123-11-punishment-11" type="punishmentDescription">
<interp inst="t18741123-11-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18741123-11-punishment-11" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-11-18741123 t18741123-11-punishment-11"/>Three Month's Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18741123-12">
<interp inst="t18741123-12" type="uri" value="sessionsPapers/18741123"/>
<interp inst="t18741123-12" type="date" value="18741123"/>
<join result="criminalCharge" id="t18741123-12-charge-1" targOrder="Y" targets="def1-12-18741123 t18741123-12-offence-1 t18741123-12-verdict-1"/>
<persName id="def1-12-18741123" type="defendantName">
<interp inst="def1-12-18741123" type="gender" value="male"/>
<interp inst="def1-12-18741123" type="age" value="16"/>
<interp inst="def1-12-18741123" type="surname" value="CALLAN"/>
<interp inst="def1-12-18741123" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY CALLAN</hi> (16)</persName>,
<hi rend="smallCaps">
<rs id="t18741123-12-verdict-1" type="verdictDescription">
<interp inst="t18741123-12-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741123-12-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18741123-12-offence-1" type="offenceDescription">
<interp inst="t18741123-12-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18741123-12-offence-1" type="offenceSubcategory" value="burglary"/> to a burglary in the dwel ling house of
<persName id="t18741123-name-73" type="victimName">
<interp inst="t18741123-name-73" type="gender" value="female"/>
<interp inst="t18741123-name-73" type="surname" value="DURHAM"/>
<interp inst="t18741123-name-73" type="given" value="ELLEN"/>
<join result="offenceVictim" targOrder="Y" targets="t18741123-12-offence-1 t18741123-name-73"/>Ellen Durham</persName>, and stealing six forks and other goods.</rs> </p>
<hi rend="italic">He was also charged with having been before convicted; to this he</hi> </p>
<hi rend="smallCaps">PLEADED NOT GUILTY</hi>,
<hi rend="italic">but upon</hi> </p>
<hi rend="smallCaps">
<persName id="t18741123-name-74" type="witnessName">
<interp inst="t18741123-name-74" type="gender" value="male"/>
<interp inst="t18741123-name-74" type="surname" value="PARKIN"/>
<interp inst="t18741123-name-74" type="given" value="CHARLES"/>CHARLES PARKIN</persName> </hi> (
<hi rend="italic">Policeman L</hi> 154),
<hi rend="italic">and</hi>
<hi rend="smallCaps">
<persName id="t18741123-name-75" type="witnessName">
<interp inst="t18741123-name-75" type="gender" value="male"/>
<interp inst="t18741123-name-75" type="surname" value="SMITH"/>
<interp inst="t18741123-name-75" type="given" value="GEORGE"/>GEORGE SMITH</persName> </hi> (
<hi rend="italic">Policeman M</hi> 73),
<hi rend="italic">Each proving convictions, The
<hi rend="smallCaps">JURY</hi> Found him to be the same person.</hi> </p>
<hi rend="italic">
<rs id="t18741123-12-punishment-12" type="punishmentDescription">
<interp inst="t18741123-12-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18741123-12-punishment-12" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-12-18741123 t18741123-12-punishment-12"/>Eighteen Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18741123-13">
<interp inst="t18741123-13" type="uri" value="sessionsPapers/18741123"/>
<interp inst="t18741123-13" type="date" value="18741123"/>
<join result="criminalCharge" id="t18741123-13-charge-1" targOrder="Y" targets="def1-13-18741123 t18741123-13-offence-1 t18741123-13-verdict-1"/>
<join result="criminalCharge" id="t18741123-13-charge-1" targOrder="Y" targets="def1-13-18741123 t18741123-13-offence-2 t18741123-13-verdict-2"/>
<persName id="def1-13-18741123" type="defendantName">
<interp inst="def1-13-18741123" type="gender" value="male"/>
<interp inst="def1-13-18741123" type="age" value="31"/>
<interp inst="def1-13-18741123" type="surname" value="SCOBIE"/>
<interp inst="def1-13-18741123" type="given" value="WILLIAM FRANCIS"/>
<interp inst="def1-13-18741123" type="occupation" value="traveller for tea and coffee merchant"/>
<hi rend="largeCaps">WILLIAM FRANCIS SCOBIE</hi> (31)</persName>
<rs id="t18741123-13-offence-1" type="offenceDescription">
<interp inst="t18741123-13-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18741123-13-offence-1" type="offenceSubcategory" value="embezzlement"/>, Embezzling the sums of 3
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>., 1
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>., and 1
<hi rend="italic">l</hi>. 19
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>., of
<persName id="t18741123-name-77" type="victimName">
<interp inst="t18741123-name-77" type="gender" value="male"/>
<interp inst="t18741123-name-77" type="surname" value="MOORE"/>
<interp inst="t18741123-name-77" type="given" value="WILLIAM JENKS"/>
<interp inst="t18741123-name-77" type="occupation" value="wholesale tea and coffee merchant"/>
<join result="offenceVictim" targOrder="Y" targets="t18741123-13-offence-1 t18741123-name-77"/>William Jenks Moore</persName>, and another.</rs> </p>
<hi rend="smallCaps">MR. STRAIGHT</hi>
<hi rend="italic">conducted the Prosecution; and</hi> Mr. Montagu Williams
<hi rend="italic">the</hi> </p>
<hi rend="italic">Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741123-name-78" type="witnessName">
<interp inst="t18741123-name-78" type="gender" value="male"/>
<interp inst="t18741123-name-78" type="surname" value="MORGAN"/>
<interp inst="t18741123-name-78" type="given" value="JOHN"/>JOHN MORGAN</persName> </hi>. I am managing clerk to Messrs. Moore and Prior, wholesale tea and coffee merchants, of Lime Street, City—many years ago the prisoner was in the employ of the prosecutors; he left, and went else where, and about 1st February, 1873, he returned to the employ, and was made warehouseman, at a salary of 100
<hi rend="italic">l</hi>. a year—he was afterwards moved into the office—he conducted himself with great propriety—a vacancy occurred in the traveller's department, and he was appointed to that vacancy about the middle of April—his first journey was made about 23rd April; he commenced that duty at a salary of 100
<hi rend="italic">l</hi>. a year, and seven guineas a week for expenses; he was afterwards advanced to 150
<hi rend="italic">l</hi>., I think, at the end of</p>
<xptr type="pageFacsimile" doc="187411230015"/>
<p>the year—I had to make arrangements with the travellers—the arrangement I made with the prisoner was that he should return a full account of all monies be received daily, names, and amounts, at night by post, with any orders that he might take—he was to remit every night as nearly as pos sible—he was, from time to time, supplied from the office in London with the names of customers from whom accounts were owing—among other customers were Mr. Heath and Mr. Argyle, of Great Yarmouth, and Mr. Hickman—prior to Saturday, 26th September, a letter was sent to him—he came up on 26th September—I asked him if he was prepared with a statement of his accounts—he said "I shall be directly"—I left him and went into the office; he followed me in and asked me how much I made his salary due to him—I told him I made it 10
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>.—he went into the sale room to check the amount—it was the practice to pay him his salary monthly, and it had been regularly paid—his travelling expenses were paid weekly every Saturday, remitted by cheque; he said to me "You had better give me my cheque for the 10
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>. "—I said "No, I can't give you your cheque, give me your account first"—he said "I' am not prepared to pay you the full balance unless you hand me over my cheque"—I think he had shown me an account of monies received by him at that time; it is attached to the deposition; this is it—it is headed "W. F. Seobie, 19th September, 1874," and the total brought out is 25
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>.—he said he had 14
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>., and that would balance it with the wages, which it would—I then said "I have an I O U here for 2
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. lent you by Mr. Prior; you had better pay that; are you prepared to pay it?"—he said "No, I can't do it"—I said "Under the circumstances, you had better have some conversation with the firm, both members of the firm being on the premises at the time"—he saw them, and I saw no more of him that day—on Monday, the 28th, he attended at the premises again—he said "Well, I think, upon consideration, I had better pay that I O U of Mr. Prior's; are you prepared to receive it in full settlement; if I pay that can you give me my discharge"—I said "No, I can't, because you have not paid me the full amount, deducting is not paying"—he' paid the 2
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>.—I said it must be left
<hi rend="italic">to the</hi> firm," and it was left, the partners were then away—on the Friday following I went down to Slough and gave him into custody—he has never accounted to me for 1
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>. or 1
<hi rend="italic">l</hi>. 19
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>., received from Mr. Heath and Mr. Argyle on 22nd August, or 3
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>. from Mr. Hickman—Mr. Hickman's name, with the amount, was forwarded to him on 12th September for collection—the prisoner has written against it "not due."</p>
<hi rend="italic">Cross-examined.</hi> I found him at home at Slough—I did not know at that time that he was in the employ of Messrs. Wyatt & Edwards, of 66, Mark Lane—I know it now—they are in the same line of business as the prosecutor—there was a disputed claim between me and the prisoner upon what are called fictitious orders—they are orders returned by the traveller, not given to him by a customer—if there had been profits they would be divided between the firm and the traveller, if he was a commission traveller—the prisoner made a claim for it—I wanted to charge him 6
<hi rend="italic">d</hi>. a pound on some of those fictitious orders—he had a verbal agreement with the firm—I did not make it with him, and was not present when it was made—I told him I thought he had better pay the claim on the fictitious orders before I paid him his salary—he said he would not do anything of the kind, because he considered the money was due to him—I have said when I was examined before that I felt that the claim was a little doubtful—I</p>
<xptr type="pageFacsimile" doc="187411230016"/>
<p>have known him about thirteen or fourteen years, or perhaps more—I have written to him—I did not call upon him for an explanation of these accounts from the Monday till I gave him into custody—I had not had any quarrel with him—this letter (
<hi rend="italic">produced</hi>) is my writing—I do not consider that my master was getting childish, or that I am sometimes inclined to use the cane to him, or that I would have done so long ago but for the consolation of knowing that he could not last long, and that he was a regular old humbug—I am not aware that I have expressed myself in that way—about 10,000
<hi rend="italic">l</hi>. has passed through the prisoner's hands in the fifteen months—I don't think he collected on an average from thirteen towns in a week—I would not say he did not—the whole of his defalcations amount to about 1
<hi rend="italic">l</hi>.</p>
<hi rend="italic">Re-examined.</hi> This list represents the various towns he collected from, and the amounts of each—he sent up remittances from time to time—I had no idea he was in Wyatt & Edwards' employ at the time 1 gave him into custody—I know now that he was not actually in their employ, but waiting subject to references being given—the fictitious orders were sent up by the prisoner from the country—as far as I could judge at that time, they were orders that had been given by persons—in some cases goods were supplied on the faith of those orders—the goods were returned to us in all the instances, after an interval of over a week—we claimed from the prisoner for the loss of profit—the prisoner did not claim anything from us for those orders—he disputed the firm being entitled to anything from him—I did not make any claim from him on the 29th for that—I asked him for it; it was not in the account at all—I considered the account a little doubtful, and I did not press it.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURET</hi>. I did not expect that the law would allow us to claim from the traveller the amount of profit that we should get if the goods were delivered to the customers—there were two or three instances where goods were returned, and we were at the expense of carriage both ways—I could not say whether in any case the goods were retained, although the order had not been given—there was no claim for part profit on such orders—the firm would not divide profits with the traveller in such cases—I have not said so; if I did it was a mistake—I could not have under stood the question—the prisoner was not a commission traveller—a commission traveller would have a profit in such cases—Argyle name does not appear in this list; that was an omission.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-79" type="witnessName">
<interp inst="t18741123-name-79" type="gender" value="male"/>
<interp inst="t18741123-name-79" type="surname" value="HEATH"/>
<interp inst="t18741123-name-79" type="given" value="JOSEPH"/>JOSEPH HEATH</persName> </hi>. I am a grocer at Great Yarmouth—I have dealt with the prosecutor's firm for some time—I have known the prisoner as their traveller since May—on 22nd August I was indebted to the firm 1
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>.—it was for duty—I paid that to the prisoner—this is the receipt he gave me—that left a balance due to the firm of 6
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>., which still remains due.</p>
<hi rend="italic">Cross-examined.</hi> I don't recollect his saying that he could not make his balance right at Yarmouth, and he did not know whether I had paid him or not—I remember his writing to me about a sum of 3
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>., and asking me to tell him what it was that I had paid him last—that was when he was out on a journey between July 1st and August 9th—he said he had a cash balance at Yarmouth, and he could not understand it—he was in the habit of coming to me for orders about once in six weeks—generally the goods came after the invoice; if I accepted the invoice the goods were supplied.</p>
<xptr type="pageFacsimile" doc="187411230017"/>
<hi rend="smallCaps">
<persName id="t18741123-name-80" type="witnessName">
<interp inst="t18741123-name-80" type="gender" value="male"/>
<interp inst="t18741123-name-80" type="surname" value="ARGYLE"/>
<interp inst="t18741123-name-80" type="given" value="JOHN WILLIAM"/>JOHN WILLIAM ARGYLE</persName> </hi>. I am a grocer at Great Yarmouth—on three occasions I have dealt with Messrs. Moore & Pryor—on 26th August I owed them 1
<hi rend="italic">l</hi>. 19
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>.—I paid that to the prisoner—this is the receipt he gave me—that was all that was due by me to the firm at that time.</p>
<hi rend="italic">Cross-examined.</hi> I fancy it was late in the afternoon when he called.</p>
<hi rend="smallCaps">
<rs id="t18741123-13-verdict-1" type="verdictDescription">
<interp inst="t18741123-13-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18741123-13-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi> </p>
<hi rend="italic">There was another indictment against the Prisoner for
<rs id="t18741123-13-offence-2" type="offenceDescription">
<interp inst="t18741123-13-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18741123-13-offence-2" type="offenceSubcategory" value="embezzlement"/>embezzling the sum of 51</rs>., upon which no evidence was offered.</hi> </p>
<hi rend="smallCaps">
<rs id="t18741123-13-verdict-2" type="verdictDescription">
<interp inst="t18741123-13-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18741123-13-verdict-2" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, November</hi> 24
<hi rend="italic">th</hi>, 1874.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18741123-14">
<interp inst="t18741123-14" type="uri" value="sessionsPapers/18741123"/>
<interp inst="t18741123-14" type="date" value="18741123"/>
<join result="criminalCharge" id="t18741123-14-charge-1" targOrder="Y" targets="def1-14-18741123 t18741123-14-offence-1 t18741123-14-verdict-1"/>
<persName id="def1-14-18741123" type="defendantName">
<interp inst="def1-14-18741123" type="gender" value="male"/>
<interp inst="def1-14-18741123" type="age" value="23"/>
<interp inst="def1-14-18741123" type="surname" value="WHISSTOCK"/>
<interp inst="def1-14-18741123" type="given" value="ALBERT EDWARD"/>
<hi rend="largeCaps">ALBERT EDWARD WHISSTOCK</hi> (23)</persName>,
<hi rend="smallCaps">
<rs id="t18741123-14-verdict-1" type="verdictDescription">
<interp inst="t18741123-14-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741123-14-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18741123-14-offence-1" type="offenceDescription">
<interp inst="t18741123-14-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18741123-14-offence-1" type="offenceSubcategory" value="embezzlement"/> to embezzling the sums of 12
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. and 20
<hi rend="italic">l</hi>. Os. 6
<hi rend="italic">d</hi>. of the
<persName id="t18741123-name-82" type="victimName">
<interp inst="t18741123-name-82" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18741123-14-offence-1 t18741123-name-82"/>Leather Cloth Company, Limited</persName></rs>
<hi rend="italic">
<rs id="t18741123-14-punishment-13" type="punishmentDescription">
<interp inst="t18741123-14-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18741123-14-punishment-13" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-14-18741123 t18741123-14-punishment-13"/>Eighteen Months' Imprisonment and to pay the costs of the prosecution</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18741123-15">
<interp inst="t18741123-15" type="uri" value="sessionsPapers/18741123"/>
<interp inst="t18741123-15" type="date" value="18741123"/>
<join result="criminalCharge" id="t18741123-15-charge-1" targOrder="Y" targets="def1-15-18741123 t18741123-15-offence-1 t18741123-15-verdict-1"/>
<persName id="def1-15-18741123" type="defendantName">
<interp inst="def1-15-18741123" type="gender" value="male"/>
<interp inst="def1-15-18741123" type="age" value="32"/>
<interp inst="def1-15-18741123" type="surname" value="JACKSON"/>
<interp inst="def1-15-18741123" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM JACKSON</hi> (32)</persName>
<rs id="t18741123-15-verdict-1" type="verdictDescription">
<interp inst="t18741123-15-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741123-15-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs>
<rs id="t18741123-15-offence-1" type="offenceDescription">
<interp inst="t18741123-15-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18741123-15-offence-1" type="offenceSubcategory" value="pocketpicking"/>, to stealing a watch of
<persName id="t18741123-name-84" type="victimName">
<interp inst="t18741123-name-84" type="gender" value="male"/>
<interp inst="t18741123-name-84" type="surname" value="MEINHARD"/>
<interp inst="t18741123-name-84" type="given" value="GUSTAVE"/>
<join result="offenceVictim" targOrder="Y" targets="t18741123-15-offence-1 t18741123-name-84"/>Gustave Meinhard</persName>, from his person—</rs>
<rs id="t18741123-15-punishment-14" type="punishmentDescription">
<interp inst="t18741123-15-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18741123-15-punishment-14" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-15-18741123 t18741123-15-punishment-14"/>
<hi rend="italic">Twelve Months' Imprisonment.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18741123-16">
<interp inst="t18741123-16" type="uri" value="sessionsPapers/18741123"/>
<interp inst="t18741123-16" type="date" value="18741123"/>
<join result="criminalCharge" id="t18741123-16-charge-1" targOrder="Y" targets="def1-16-18741123 t18741123-16-offence-1 t18741123-16-verdict-1"/>
<persName id="def1-16-18741123" type="defendantName">
<interp inst="def1-16-18741123" type="gender" value="male"/>
<interp inst="def1-16-18741123" type="age" value="28"/>
<interp inst="def1-16-18741123" type="surname" value="BROTHERTON"/>
<interp inst="def1-16-18741123" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN BROTHERTON</hi> (28)</persName>
<rs id="t18741123-16-verdict-1" type="verdictDescription">
<interp inst="t18741123-16-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741123-16-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs>
<rs id="t18741123-16-offence-1" type="offenceDescription">
<interp inst="t18741123-16-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18741123-16-offence-1" type="offenceSubcategory" value="bigamy"/>, to feloniously marrying
<persName id="t18741123-name-86">
<interp inst="t18741123-name-86" type="gender" value="female"/>
<interp inst="t18741123-name-86" type="surname" value="BARRATT"/>
<interp inst="t18741123-name-86" type="given" value="ELIZABETH"/>Elizabeth Barratt</persName>, his wife being alive—</rs>
<rs id="t18741123-16-punishment-15" type="punishmentDescription">
<interp inst="t18741123-16-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18741123-16-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-16-18741123 t18741123-16-punishment-15"/>
<hi rend="italic">Nine Months' Imprisonment.</hi> </rs> And</p> </div1>
<div1 type="trialAccount" id="t18741123-17">
<interp inst="t18741123-17" type="uri" value="sessionsPapers/18741123"/>
<interp inst="t18741123-17" type="date" value="18741123"/>
<join result="criminalCharge" id="t18741123-17-charge-1" targOrder="Y" targets="def1-17-18741123 t18741123-17-offence-1 t18741123-17-verdict-1"/>
<persName id="def1-17-18741123" type="defendantName">
<interp inst="def1-17-18741123" type="gender" value="male"/>
<interp inst="def1-17-18741123" type="age" value="35"/>
<interp inst="def1-17-18741123" type="surname" value="ELWOOD"/>
<interp inst="def1-17-18741123" type="given" value="FRANCIS THOMAS"/>
<hi rend="largeCaps">FRANCIS THOMAS ELWOOD</hi> (35)</persName>
<rs id="t18741123-17-verdict-1" type="verdictDescription">
<interp inst="t18741123-17-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741123-17-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs>
<rs id="t18741123-17-offence-1" type="offenceDescription">
<interp inst="t18741123-17-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18741123-17-offence-1" type="offenceSubcategory" value="forgery"/>, to feloniously forging and uttering an order for the payment of 1
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>., with intent to defraud—</rs>
<rs id="t18741123-17-punishment-16" type="punishmentDescription">
<interp inst="t18741123-17-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18741123-17-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-17-18741123 t18741123-17-punishment-16"/>
<hi rend="italic">Six' Months Imprisonment.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18741123-18">
<interp inst="t18741123-18" type="uri" value="sessionsPapers/18741123"/>
<interp inst="t18741123-18" type="date" value="18741123"/>
<join result="criminalCharge" id="t18741123-18-charge-1" targOrder="Y" targets="def1-18-18741123 t18741123-18-offence-1 t18741123-18-verdict-1"/>
<persName id="def1-18-18741123" type="defendantName">
<interp inst="def1-18-18741123" type="gender" value="male"/>
<interp inst="def1-18-18741123" type="age" value="36"/>
<interp inst="def1-18-18741123" type="surname" value="THORNLEY"/>
<interp inst="def1-18-18741123" type="given" value="ROBERT"/>
<hi rend="largeCaps">ROBERT THORNLEY</hi> (36)</persName>
<rs id="t18741123-18-offence-1" type="offenceDescription">
<interp inst="t18741123-18-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18741123-18-offence-1" type="offenceSubcategory" value="shoplifting"/>, Stealing a watch and six rings, the property of
<persName id="t18741123-name-89" type="victimName">
<interp inst="t18741123-name-89" type="gender" value="male"/>
<interp inst="t18741123-name-89" type="surname" value="GABRIEL"/>
<interp inst="t18741123-name-89" type="given" value="WILLIAM"/>
<interp inst="t18741123-name-89" type="occupation" value="watchmaker and jeweller"/>
<join result="offenceVictim" targOrder="Y" targets="t18741123-18-offence-1 t18741123-name-89"/>William Gabriel</persName>."</rs> </p>
<hi rend="smallCaps">MESSRS. POLAND</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MEAD</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. BESLEY</hi>
<hi rend="italic">the</hi> </p>
<hi rend="italic">Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741123-name-90" type="witnessName">
<interp inst="t18741123-name-90" type="gender" value="male"/>
<interp inst="t18741123-name-90" type="surname" value="GABRIEL"/>
<interp inst="t18741123-name-90" type="given" value="WILLIAM"/>WILLIAM GABRIEL</persName> </hi>. I am a watchmaker and jeweller, of 24, Bishops gate Street, which is at the corner of a passage—it is a very small shop—there is what is called a counter case—the legs are on castors, for the Purpose of putting it near the safe, to put things away at night and the reverse in the morning—it would be against the wall when the shop was being arranged—on 23rd September, in the afternoon, two men and a woman came in—I believe the prisoner to be one of the men, but his moustache has been shaved off since—they purchased a pair of earrings for 3
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—they were about five minutes in the shop—on the 24th I heard that a gold watch and six rings had been taken from the stock when I was not there—on 3rd October I picked the prisoner out at Bishopsgate Station from eighteen others from his general appearance.</p>
<hi rend="italic">Cross-examined.</hi> My porter was present when the earrings were bought—it was about 1.30 and broad day light—nothing was stolen then—after the theft I described the woman as well dressed and the men as one shorter than the. other—they were perfect strangers to me—I have taken the things from the window and put them in the safe a number of times, it takes about forty minutes—it is the practice to put them on the counter before putting them in the window in the morning—they are not taken direct from the safe to the window, the majority of them are put on the counter first—I saw the gold watch on the 23rd when my assistant was clearing the stock from the window in the evening at 7.30 or 7.40—I did not see the whole of the things put into the safe—the rings had not then been removed—my assistant, Mr. Forbes, told me on 3rd October that he had identified the man who was there on the 22nd, but that he should not like to swear to him unless I went down and if I identified the same man as he had he should have no hesitation to swear to him—he did not add that if 1 had</p>
<xptr type="pageFacsimile" doc="187411230018"/>
<p>any difficulty in identifying the man he would not swear to him—I know he is here; I don't care about that—he had some hesitation in swearing to him—I looked at the man at the station five or six times—several police
<lb/>men were in the same room—it was a very large room at the back of the station—it was about 10 a.m., on 3rd October, and about eighteen men were ranged in a line and I walked line in line five or six times—I asked Mr. Fowles to describe the man to me, and when I identified the prisoner I said "I fancy this is the man"—my porter did not say to me "I don't think he is the man"—he was not at Guildhall when I gave my evi dence, but he was afterwards—the police did not call him as a witness, but that is easily explained—the prisoner's wife afterwards came to my shop and said that she was quite sure her husband was not the man; she went on to say the distracted state she was in and that she kept her husband by the aid of a sewing machine—I don't think she said "The detectives say I am the woman who was in the shop on the 22nd, am I the woman?"—I feel sure she did not—the police afterwards took me to see her in St. Swithin's Lane and I then said that she was not the woman—she was walking about quite free—they had only said that the had got a woman, they did not say that it was the prisoner's wife—I said "That woman has been to my house, she is the wife of the prisoner—I did not give any description of the two men and the woman who had been in the shop on the 22nd till after the 24th—I did not say that I had some doubts about the man—I never said anything different from what I said at first.</p>
<hi rend="italic">Re-examined.</hi> I believe the prisoner is the man—the porter was not, called at the Police Court, because he was found to waver very much, he could not be depended upon—he is naturally very nervous.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-91" type="witnessName">
<interp inst="t18741123-name-91" type="gender" value="male"/>
<interp inst="t18741123-name-91" type="surname" value="FOWLES"/>
<interp inst="t18741123-name-91" type="given" value="JOHN"/>JOHN FOWLES</persName> </hi>. I am an assistant to the prosecutor—on 24th September at 9.30, I 1as removing the goods into the window, the counter being very nearly close to the safe—a gold watch and six rings were in the safe among other things—two men came into the shop and I identify the prisoner as one of them—they both spoke and said that they had been there with a lady two days before and bought some earrings—they said "You are not the gentleman I have seen before"—I asked them to describe the earrings—they did so and asked for some exactly like them as the lady had made a present of them—I went to the window to get some earrings, and while I was reaching them my back was to the safe—they would have no occasion to lean over the counter—I showed them a pair of earrings something like them—they said that they were not exactly the same—I offered to send to another shop for some like those which they originally had, and asked them to call again—they said they would call in half an hour—one of them said "We cannot call in half an hour, make it 11 o'clock"—I said "That will suit me better," and they left—in three minutes after that I missed a gold watch out of the safe and after that some rings—they never came back—on 3rd October I identified the prisoner at Bishopsgate Station from about fifteen other men—he is one of the men who was in the shop—I first saw him sitting down and said that he looked very much like the man, but his moustache was shaved off, which altered him very much, and then I asked him to speak to me—I was rather agitated over it, but when I saw him at the Police Court the second time I was quite clear about it.</p>
<hi rend="italic">Cross-examined.</hi> I was not too agitated to describe the man I saw on the 24th, as a man with slight black whiskers, and a heavy black moustache, like my own—the two men were in the shop five or six minutes on</p>
<xptr type="pageFacsimile" doc="187411230019"/>
<p>the 24th—I went there at 8.30—the porter was employed in taking down the shutters till 8.50—he was not in the shop when the two men were there, but the glass was close enough to look through—a reward of 100
<hi rend="italic">l</hi>. was offered for the conviction of the thief—I had put up the things the night before; my master was not there then—I did not commence to clear the window until he had gone; I am quite sure about that—I saw the watch that night when I put it into the safe—I did not show it to any one, not even to the porter—in the morning, I took the tray from the safe, and put it on a corner of the counter—the gold watch did not go into the window, it goes into the counter-case—it takes me three quarters of an hour to take out the things when I am dressing the window; I only take them out as I want them—the porter is outside, he does not hand them tome—Tremem ber seeing the gold watch that morning—about two dozen watches go into the safe—I have no written list to check them by—more than 100 rings go into the safe—the 3rd October was the first time the police came for me to go and see some one (that was after the 100
<hi rend="italic">l</hi>. was offered—that was not for the conviction of the man, but for the recovery of the property—if the property is not recovered, of course we shall not pay the reward)—I went to a large room at Bishopsgate police-station, and saw about fifteen men—I walked round them two or three times—I will not swear it was not four times—the inspector said, "Look round, and see; look round, and make sure"—I did not then walk round a fifth time—I said "I am afraid I do not see any one I know"—all the men were sitting down—it was after that that I said that I thought this was the man—the inspector said "Are you prepared to swear to him"—I said "No, I am not; I should like Mr. Gabriel, or the porter, to see him before I do that"</p>
<hi rend="italic">Re-examined.</hi> When I said "I am afraid I do not see any one," the men were all sitting down—when I saw the prisoner, I told them to stand up—I said that the prisoner looked very much like the man, but he was very much altered—I afterwards recognised his voice as the voice of the man that was in my shop—I also recognised him by his height, and his" general appearance—I was anxious not to identify the wrong man—I still think he is the man—this was a gold chronometer, worth about 60
<hi rend="italic">l</hi>.; not an ordinary watch—I have no other like it—it was hardly finished—it was not prepared for stock, and that is why it was separate from the others.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-92" type="witnessName">
<interp inst="t18741123-name-92" type="gender" value="male"/>
<interp inst="t18741123-name-92" type="surname" value="TURNER"/>
<interp inst="t18741123-name-92" type="given" value="ROBERT"/>ROBERT TURNER</persName> </hi>. I keep the Blue Coat Boy at Islington—on Saturday, 26th September, about 11 o'clock, I saw three men and a woman in front of the bar, the prisoner was one of them—I saw one of the party showing a diamond ring and a pair of earrings to another party—I don't think the prisoner took any part in the matter, but I recognize him as one of them—he was in the place five or six minutes—I did not hear any of the conversation—I next saw him at Guildhall in the dock.</p>
<hi rend="italic">Cross-examined.</hi> I very likely said that I had an impression he was one of the men, but I could not swear to him, and I 'asked that he might be allowed to put his hat on—at the time I saw him he had a black moustache, and therefore I did not recognize him at first—he had his moustache of when in the dock—I cannot say on—what day he was in my house—I will not swear to the date—I do not know that one of the persons who was in the bar with the diamond ring was Inspector Druscovitch's brother; I did not see their faces—I do not recognize that woman (
<hi rend="italic">Alice 'Bird</hi>)—I will not swear that she was not one of the persons.</p>
<hi rend="italic">Re-examined.</hi> I cannot say the date, but it was at the end of the week—</p>
<xptr type="pageFacsimile" doc="187411230020"/>
<p>I do not know the date of my going to the Police Court, it must have been the end of September, because I have been laid up five weeks—when the Alderman allowed the prisoner's hat to be put on, I said "That is the man"—Hancock called on me about an hour after I saw these men at my bar.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-93" type="witnessName">
<interp inst="t18741123-name-93" type="gender" value="male"/>
<interp inst="t18741123-name-93" type="surname" value="UNDERWOOD"/>
<interp inst="t18741123-name-93" type="given" value="CHARLES"/>CHARLES UNDERWOOD</persName> </hi> (
<hi rend="italic">City Detective</hi>). On 26th and on 28th September I saw the prisoner, he was wearing a moustache—I saw him again on 3rd October and he had no moustache.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-94" type="witnessName">
<interp inst="t18741123-name-94" type="gender" value="male"/>
<interp inst="t18741123-name-94" type="surname" value="HANCOCK"/>
<interp inst="t18741123-name-94" type="given" value="EDWARD"/>EDWARD HANCOCK</persName> </hi> (
<hi rend="italic">City Detective</hi>). On the 24th September I received information, and on Saturday, the 26th, I called on Mr. Turner and had a conversation with him—on 3rd October I saw the prisoner at Clerkenwell police-station and told him I should take him for being concerned in stealing a gold watch and gem rings from Mr. Gabriel's shop on the 24th—he said "I know nothing about it"—I put him in a cab and took him to the station—he said "You will give me a good chance Mr. Hancock"—I said "Yes"—when Fowles first came to identify him thirteen men were put with him and on the second occasion we had a fresh lot of men altogether as the prisoner wished me to get other men and have them with tall hats on—I got ten or twelve fresh persons and the majority had tall hats on.</p>
<hi rend="italic">Cross-examined.</hi> The prisoner was wearing a tall hat—I know Inspector Druscovitch's brother, he deals in jewellery—I also know Godfrey, a dealer, in jewellery, and have seen him and Druscovitch together and Alice Bird with them—I sent officers to the address the prisoner gave and the missing property was not found.</p>
<hi rend="italic">Re-examined.</hi> The address was 51, Pollards Row, Hackney Road.</p>
<hi rend="smallCaps">
<rs id="t18741123-18-verdict-1" type="verdictDescription">
<interp inst="t18741123-18-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18741123-18-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18741123-19">
<interp inst="t18741123-19" type="uri" value="sessionsPapers/18741123"/>
<interp inst="t18741123-19" type="date" value="18741123"/>
<join result="criminalCharge" id="t18741123-19-charge-1" targOrder="Y" targets="def1-19-18741123 t18741123-19-offence-1 t18741123-19-verdict-1"/>
<persName id="def1-19-18741123" type="defendantName">
<interp inst="def1-19-18741123" type="gender" value="male"/>
<interp inst="def1-19-18741123" type="age" value="36"/>
<interp inst="def1-19-18741123" type="surname" value="THORNLEY"/>
<interp inst="def1-19-18741123" type="given" value="ROBERT"/>
<hi rend="largeCaps">ROBERT THORNLEY</hi> </persName> was
<hi rend="italic">again</hi> indicted
<rs id="t18741123-19-offence-1" type="offenceDescription">
<interp inst="t18741123-19-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18741123-19-offence-1" type="offenceSubcategory" value="forgery"/> for feloniously uttering a forged Bill of Exchange with intent to defraud;
<hi rend="italic">also</hi> for unlawfully obtaining 2,000
<hi rend="italic">l</hi>. by false pretences with intent to defraud; </rs>
<hi rend="italic">upon both of which no evidence was offered.</hi> </p>
<hi rend="smallCaps">
<rs id="t18741123-19-verdict-1" type="verdictDescription">
<interp inst="t18741123-19-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18741123-19-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18741123-20">
<interp inst="t18741123-20" type="uri" value="sessionsPapers/18741123"/>
<interp inst="t18741123-20" type="date" value="18741123"/>
<join result="criminalCharge" id="t18741123-20-charge-1" targOrder="Y" targets="def1-20-18741123 t18741123-20-offence-1 t18741123-20-verdict-1"/>
<persName id="def1-20-18741123" type="defendantName">
<interp inst="def1-20-18741123" type="gender" value="male"/>
<interp inst="def1-20-18741123" type="age" value="23"/>
<interp inst="def1-20-18741123" type="surname" value="RILEY"/>
<interp inst="def1-20-18741123" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM RILEY</hi> (23)</persName>
<rs id="t18741123-20-offence-1" type="offenceDescription">
<interp inst="t18741123-20-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18741123-20-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery on
<persName id="t18741123-name-97" type="victimName">
<interp inst="t18741123-name-97" type="gender" value="male"/>
<interp inst="t18741123-name-97" type="surname" value="DERRY"/>
<interp inst="t18741123-name-97" type="given" value="JOHN LEVICK"/>
<interp inst="t18741123-name-97" type="occupation" value="warehouseman"/>
<join result="offenceVictim" targOrder="Y" targets="t18741123-20-offence-1 t18741123-name-97"/>John Levick Derry</persName> and stealing from his person one watch, his property.</rs> </p>
<hi rend="smallCaps">MR. LYON</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741123-name-98" type="witnessName">
<interp inst="t18741123-name-98" type="gender" value="male"/>
<interp inst="t18741123-name-98" type="surname" value="DERRY"/>
<interp inst="t18741123-name-98" type="given" value="JOHN LEVICK"/>JOHN LEVICK DERRY</persName> </hi>. I am a warehouseman of 43, Westmoreland Place—on 14th November, about 10.20, I was in Eagle Street, and just as I got opposite an oil shop I slipped over something and fell into the shop—I had hardly recovered myself when the prisoner gave me a push with one hand and drew out nay watch with the other—a friend who was behind me seized him by the back of the neck and said "John, your watch"—I said "Yes, I know, I felt him draw it"—I seized the prisoner by the throat and forced him into the shop away from his confederates—he pretended to be in a fit, but I said that I should not loose him till a constable came—I then gave him in charge—the mob was very violent on the way to the station, and if it had not been for my friends I should have lost him—after he was searched he said "Now you can't find it and you don't know where it is"—my friends were Mr. Mackie and Mr. Scohen.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-99" type="witnessName">
<interp inst="t18741123-name-99" type="gender" value="male"/>
<interp inst="t18741123-name-99" type="surname" value="SCOHEN"/>
<interp inst="t18741123-name-99" type="given" value="GEORGE JOHN"/>GEORGE JOHN SCOHEN</persName> </hi>. I am in the carpet trade, and live at 39, Mare Street, Hackney—I was with Derry in Eagle Street, and saw him slip and fall into the doorway of an oil shop; and, in falling, his watch fell from his waistcoat pocket—his coat was open—a crowd assembled round the door, and I saw the prisoner close up to him, and take the watch, as it hung by</p>
<xptr type="pageFacsimile" doc="187411230021"/>
<p>the chain—I caught the prisoner by the neck, and said "John, your watch"—he said "I know it has gone"—I saw the prisoner given in custody—we were very much knocked about by the crowd.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-100" type="witnessName">
<interp inst="t18741123-name-100" type="gender" value="male"/>
<interp inst="t18741123-name-100" type="surname" value="MACKIE"/>
<interp inst="t18741123-name-100" type="given" value="HORACE"/>HORACE MACKIE</persName> </hi>. I am a book finisher, of 55, Buckland Street, New North Road—on 14th November, I was in uniform, with Derry, in Eagle Street—I saw him slip, and as he recovered himself, the prisoner pushed him in the chest, and passed something over my shoulder—I seized his arm, and he wrenched it away, and the man who had the watch kicked me on the legs—I got hold of the prisoner, and when we got outside, I being in uniform, the policeman called upon me in the Queen's name to assist him—I did so, and my forage cap was knocked off—I assisted the police all the way to the station.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-101" type="witnessName">
<interp inst="t18741123-name-101" type="gender" value="male"/>
<interp inst="t18741123-name-101" type="surname" value="PRICKETT"/>
<interp inst="t18741123-name-101" type="given" value="PHILIP"/>PHILIP PRICKETT</persName> </hi> (
<hi rend="italic">Policeman N</hi> 359). On 14th November, I took the prisoner in charge—there was a crowd of 100 people—on the road to the station, he said "You have not got the watch, and you won't have it"—when I searched him at the station, he said again "You have not got the watch, and you won't have it"</p>
<hi rend="smallCaps">
<rs id="t18741123-20-verdict-1" type="verdictDescription">
<interp inst="t18741123-20-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741123-20-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">He was further charged with a former conviction in May</hi>, 1874,
<hi rend="italic">in the name of
<persName id="t18741123-name-102">
<interp inst="t18741123-name-102" type="gender" value="indeterminate"/>
<rs id="t18741123-alias-1" type="alias">
<join result="nameAlias" targOrder="Y" targets="t18741123-name-102 t18741123-alias-1"/>John Bryant</rs> </persName>, to which he</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">
<rs id="t18741123-20-punishment-17" type="punishmentDescription">
<interp inst="t18741123-20-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18741123-20-punishment-17" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-20-18741123 t18741123-20-punishment-17"/>Seven Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18741123-21">
<interp inst="t18741123-21" type="uri" value="sessionsPapers/18741123"/>
<interp inst="t18741123-21" type="date" value="18741123"/>
<join result="criminalCharge" id="t18741123-21-charge-1" targOrder="Y" targets="def1-21-18741123 t18741123-21-offence-1 t18741123-21-verdict-1"/>
<persName id="def1-21-18741123" type="defendantName">
<interp inst="def1-21-18741123" type="gender" value="male"/>
<interp inst="def1-21-18741123" type="age" value="26"/>
<interp inst="def1-21-18741123" type="surname" value="DONOVAN"/>
<interp inst="def1-21-18741123" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN DONOVAN</hi> (26)</persName>
<rs id="t18741123-21-offence-1" type="offenceDescription">
<interp inst="t18741123-21-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18741123-21-offence-1" type="offenceSubcategory" value="wounding"/> Feloniously cutting and wounding
<persName id="t18741123-name-104" type="victimName">
<interp inst="t18741123-name-104" type="gender" value="male"/>
<interp inst="t18741123-name-104" type="surname" value="HART"/>
<interp inst="t18741123-name-104" type="given" value="EZEKIEL"/>
<interp inst="t18741123-name-104" type="occupation" value="porter"/>
<join result="offenceVictim" targOrder="Y" targets="t18741123-21-offence-1 t18741123-name-104"/>Ezekiel Hart</persName>, with intent to do him some grievous bodily harm.</rs> </p>
<hi rend="smallCaps">MR. LYON</hi>
<hi rend="italic">conducted the Prosecution; and</hi> Mr. Matthews,
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741123-name-105" type="witnessName">
<interp inst="t18741123-name-105" type="gender" value="male"/>
<interp inst="t18741123-name-105" type="surname" value="HART"/>
<interp inst="t18741123-name-105" type="given" value="EZEKIEL"/>EZEKIEL HART</persName> </hi>. I am a porter, of 10, Upper Key Street, Spitalfields—on 19th October, about 5
<hi rend="italic">s</hi>., I was just going in at my door, and as man named Furze came up, and said "
<hi rend="italic">Zeekey</hi>, have you got a pair of sparring gloves?"—the prisoner, whom I had never seen before, came up afterwards and said "Your name is
<hi rend="italic">Zeekey</hi> Hart?"—I said "Yes"—he said "I have been looking for you; you take this in remembrance of me, for striking my brother"—(I did not know his brother)—he pulled out a knife from his right trousers pocket, I think, and struck me with it just over the eye, by the side of my temple—I fell into Furze's arms, and said "I am stabbed"—the blood poured down, and the flesh hung down right over my eye—I got up, and as I went to the station fell down again, and they had to put me in a cab, but I was thrown down before that by one of his
<hi rend="italic">pals.</hi> </p>
<hi rend="italic">Cross-examined.</hi> I am not a prize-fighter by profession; I get my living as a porter. Furze is also a prize-fighter—it was rather dark—I cannot swear that I saw the prisoner pull a knife out of his pocket, but I could feel it—my wife was standing at her door, which was next door—I do not know the prisoner or his brother—I have been convicted about twice, and had penal servitude once. '</p>
<hi rend="smallCaps">
<persName id="t18741123-name-106" type="witnessName">
<interp inst="t18741123-name-106" type="gender" value="female"/>
<interp inst="t18741123-name-106" type="surname" value="HART"/>
<interp inst="t18741123-name-106" type="given" value="CATHERINE"/>CATHERINE HART</persName> </hi>. I live with the prosecutor—on the evening of 19th October I was standing with' him and Furze; the prisoner came up and said something, drew something' from his pocket, and said "Take that in remembrance of me for what you did to my brother," and struck the. prosecutor over the eye—he said "I am stabbed; fetch the police"—I saw blood flowing from the wound—I made a step from the door, and then the prisoner made an attempt to stab me; he raised his hand, and I saw a knife in it—Furze seized him, and said "You cowardly
<hi rend="italic">something</hi>, don't use a knife to a woman," and took the knife from him; but one of the prisoner's companions got it away from Furze—I have known the prisoner</p>
<xptr type="pageFacsimile" doc="187411230022"/>
<p>many years; I never saw him with Hart—Hart did not say a word to the prisoner before he was stabbed.</p>
<hi rend="italic">Cross-examined.</hi> I went to the station, and saw blood on the prosecutor's cheek—I do not know whether it was flowing from a wound—I am certain that no blow was struck by my husband—I cannot account for that appear—on the prisoner's cheek, but there it was—this was done just inside the doorway, and I was standing at the next doorway—I was at the prisoner's side when he did it—it was not to say dark, it was between the lights—I do not know that it was dark at 6 o'clock on 19th October.</p>
<hi rend="italic">Re-examined.</hi> I was about a foot-and-a-half off when I saw the prisoner strike Hart.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-107" type="witnessName">
<interp inst="t18741123-name-107" type="gender" value="male"/>
<interp inst="t18741123-name-107" type="surname" value="FURZE"/>
<interp inst="t18741123-name-107" type="given" value="WILLIAM"/>WILLIAM FURZE</persName> </hi>. I am a costermonger, of 5, Slater's Court, Royal Mint Street—on 19th October I went to Hart's to borrow a pair of gloves—I met him and spoke to him, and the prisoner came up and said "You
<hi rend="italic">Zeekey</hi> Hart, take this in remembrance of me for meddling with my brother," and struck him over the eye—he fell into my arms, saying "You have stabbed me"—his wife ran up to the prisoner; and he up with his hand and said "1 will stab you," or "strike you," I don't know which—I caught hold of his hand and wrested a bread-knife from it, and immediately I did so it was taken from me—I ran to find his brother
<hi rend="italic">Ben</hi>, and when I came back the mob had dispersed—before the prisoner struck Hart, Hart had not said anything to him or struck him.</p>
<hi rend="italic">Cross-examined.</hi> The man who ran away with the knife made a party of five—if Hart has sworn that Olave caught him in his arms, it is not true; I caught him in my arms—I am a prize-fighter and costermonger.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-108" type="witnessName">
<interp inst="t18741123-name-108" type="gender" value="male"/>
<interp inst="t18741123-name-108" type="surname" value="HART"/>
<interp inst="t18741123-name-108" type="given" value="EZEKIEL"/>EZEKIEL HART</persName> </hi> (
<hi rend="italic">re-examined</hi>). I first saw Olave going to the station—he tried to throw me down, but two girls laid hold of him and scratched his face or gave him a hiding.</p>
<hi rend="smallCaps">MRS. HART</hi> (
<hi rend="italic">re-examined</hi>). I first saw Olave when the policeman took the prisoner—he had taken him 20 yards before Olave came up.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-109" type="witnessName">
<interp inst="t18741123-name-109" type="gender" value="male"/>
<interp inst="t18741123-name-109" type="surname" value="RUFORD"/>
<interp inst="t18741123-name-109" type="given" value="SAMUEL"/>SAMUEL RUFORD</persName> </hi>. On 11th October I was house surgeon at the London Hospital—Hart was brought there with an angular incised wound near the left eyebrow, about a quarter of an inch on each side; the flap hung backwards and it was bleeding rather freely, as a small artery had been cut; a bread-knife might have inflicted it, it could not have been caused by a fall—it was not serious, but if it had penetrated the eye into the brain it would have killed him.</p>
<hi rend="smallCaps">MR. MATTHEWS</hi> to W. Furze.
<hi rend="italic">Q.</hi> Have you suffered imprisonment more than once?
<hi rend="italic">A.</hi> Yes—I have been in penal servitude—I was charged with attempting to rescue the prisoner, and was remanded—I am now called for the prosecution—it was when I was charged that I gave my account of this transaction.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURET</hi>. I was taken on the charge of attempting to rescue the prisoner two hours afterwards—I was remanded for a week and discharged—I was then examined as a witness for the prosecution.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-110" type="witnessName">
<interp inst="t18741123-name-110" type="gender" value="male"/>
<interp inst="t18741123-name-110" type="surname" value="BENHAM"/>
<interp inst="t18741123-name-110" type="given" value="JAMES"/>JAMES BENHAM</persName> </hi> (
<hi rend="italic">Policeman H</hi> 63). I took the prisoner a few steps from the door.</p>
<hi rend="italic">Cross-examined.</hi> He was searched at the station, and this fork (
<hi rend="italic">produced</hi>) was found on him, but no knife—there was no blood on his cheek when I took him—I was thrown on the ground, but I kept hold of him, and after that I saw blood on his cheek—I could see his face before that, there was quite enough light for that.</p>
<xptr type="pageFacsimile" doc="187411230023"/>
<hi rend="smallCaps">
<persName id="t18741123-name-111" type="witnessName">
<interp inst="t18741123-name-111" type="gender" value="male"/>
<interp inst="t18741123-name-111" type="surname" value="RUFORD"/>
<interp inst="t18741123-name-111" type="given" value="SAMUEL"/>SAMUEL RUFORD</persName> </hi> (
<hi rend="italic">Re-examined</hi>). The wound could not have been inflicted with the fork</p>
<rs id="t18741123-21-verdict-1" type="verdictDescription">
<interp inst="t18741123-21-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741123-21-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>**
<hi rend="italic">of unlawfully wounding—</hi> </rs>
<hi rend="italic">
<rs id="t18741123-21-punishment-18" type="punishmentDescription">
<interp inst="t18741123-21-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18741123-21-punishment-18" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-21-18741123 t18741123-21-punishment-18"/>Five Years' Penal Servitude.</rs> </hi> </p> </div1>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Tuesday, November</hi> 24
<hi rend="italic">th</hi>, 1874.</p>
<hi rend="italic">Before
<persName id="t18741123-name-112" type="judiciaryName">
<interp inst="t18741123-name-112" type="gender" value="male"/>
<interp inst="t18741123-name-112" type="surname" value="KERR"/>
<interp inst="t18741123-name-112" type="given" value="ROBERT MALCOLM"/>Robert Malcolm Kerr</persName>, Esq.</hi> </p>
<div1 type="trialAccount" id="t18741123-22">
<interp inst="t18741123-22" type="uri" value="sessionsPapers/18741123"/>
<interp inst="t18741123-22" type="date" value="18741123"/>
<join result="criminalCharge" id="t18741123-22-charge-1" targOrder="Y" targets="def1-22-18741123 t18741123-22-offence-1 t18741123-22-verdict-1"/>
<persName id="def1-22-18741123" type="defendantName">
<interp inst="def1-22-18741123" type="gender" value="female"/>
<interp inst="def1-22-18741123" type="surname" value="BUTLER"/>
<interp inst="def1-22-18741123" type="given" value="ALICE"/>
<hi rend="largeCaps">ALICE BUTLER</hi> </persName>
<hi rend="smallCaps">
<rs id="t18741123-22-verdict-1" type="verdictDescription">
<interp inst="t18741123-22-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741123-22-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18741123-22-offence-1" type="offenceDescription">
<interp inst="t18741123-22-offence-1" type="offenceCategory" value="damage"/>
<interp inst="t18741123-22-offence-1" type="offenceSubcategory" value="other"/> to wilfully damaging certain property belonging to the
<persName id="t18741123-name-114" type="victimName">
<interp inst="t18741123-name-114" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18741123-22-offence-1 t18741123-name-114"/>inhabitants of Middlesex</persName>.—</rs>
<rs id="t18741123-22-punishment-19" type="punishmentDescription">
<interp inst="t18741123-22-punishment-19" type="punishmentCategory" value="noPunish"/>
<interp inst="t18741123-22-punishment-19" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-22-18741123 t18741123-22-punishment-19"/>
<hi rend="italic">Judgment Respited.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18741123-23">
<interp inst="t18741123-23" type="uri" value="sessionsPapers/18741123"/>
<interp inst="t18741123-23" type="date" value="18741123"/>
<join result="criminalCharge" id="t18741123-23-charge-1" targOrder="Y" targets="def1-23-18741123 t18741123-23-offence-1 t18741123-23-verdict-1"/>
<persName id="def1-23-18741123" type="defendantName">
<interp inst="def1-23-18741123" type="gender" value="male"/>
<interp inst="def1-23-18741123" type="age" value="22"/>
<interp inst="def1-23-18741123" type="surname" value="FAGAN"/>
<interp inst="def1-23-18741123" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE FAGAN</hi> (22)</persName>,
<rs id="t18741123-23-verdict-1" type="verdictDescription">
<interp inst="t18741123-23-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741123-23-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image] </rs>
<rs id="t18741123-23-offence-1" type="offenceDescription">
<interp inst="t18741123-23-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18741123-23-offence-1" type="offenceSubcategory" value="simpleLarceny"/>to stealing
<placeName id="t18741123-geo-1">
<join result="offencePlace" targOrder="Y" targets="t18741123-23-offence-1 t18741123-geo-1"/>on the High Seas</placeName> the sum of 9
<hi rend="italic">l</hi>., the property of
<persName id="t18741123-name-116" type="victimName">
<interp inst="t18741123-name-116" type="gender" value="male"/>
<interp inst="t18741123-name-116" type="surname" value="SPENCER"/>
<interp inst="t18741123-name-116" type="given" value="ROBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t18741123-23-offence-1 t18741123-name-116"/>Robert Spencer</persName></rs>
<rs id="t18741123-23-punishment-20" type="punishmentDescription">
<interp inst="t18741123-23-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18741123-23-punishment-20" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-23-18741123 t18741123-23-punishment-20"/>
<hi rend="italic">Twelve Month is Imprisonment.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18741123-24">
<interp inst="t18741123-24" type="uri" value="sessionsPapers/18741123"/>
<interp inst="t18741123-24" type="date" value="18741123"/>
<join result="criminalCharge" id="t18741123-24-charge-1" targOrder="Y" targets="def1-24-18741123 t18741123-24-offence-1 t18741123-24-verdict-1"/>
<persName id="def1-24-18741123" type="defendantName">
<interp inst="def1-24-18741123" type="gender" value="male"/>
<interp inst="def1-24-18741123" type="age" value="43"/>
<interp inst="def1-24-18741123" type="surname" value="MOON"/>
<interp inst="def1-24-18741123" type="given" value="WILLIAM CHARLES"/>
<hi rend="largeCaps">WILLIAM CHARLES MOON</hi> (43)</persName>
<rs id="t18741123-24-verdict-1" type="verdictDescription">
<interp inst="t18741123-24-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741123-24-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image] </rs>
<rs id="t18741123-24-offence-1" type="offenceDescription">
<interp inst="t18741123-24-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18741123-24-offence-1" type="offenceSubcategory" value="bigamy"/>, to feloniously marrying
<persName id="t18741123-name-118">
<interp inst="t18741123-name-118" type="gender" value="female"/>
<interp inst="t18741123-name-118" type="surname" value="WESTRUP"/>
<interp inst="t18741123-name-118" type="given" value="SARAH"/>Sarah Westrup</persName>, his wife being alive—</rs>
<rs id="t18741123-24-punishment-21" type="punishmentDescription">
<interp inst="t18741123-24-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18741123-24-punishment-21" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-24-18741123 t18741123-24-punishment-21"/>
<hi rend="italic">Eighteen Months' Imprisonment.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18741123-25">
<interp inst="t18741123-25" type="uri" value="sessionsPapers/18741123"/>
<interp inst="t18741123-25" type="date" value="18741123"/>
<join result="criminalCharge" id="t18741123-25-charge-1" targOrder="Y" targets="def1-25-18741123 t18741123-25-offence-1 t18741123-25-verdict-1"/>
<persName id="def1-25-18741123" type="defendantName">
<interp inst="def1-25-18741123" type="gender" value="male"/>
<interp inst="def1-25-18741123" type="age" value="60"/>
<interp inst="def1-25-18741123" type="surname" value="WEST"/>
<interp inst="def1-25-18741123" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES WEST</hi> (60)</persName>
<rs id="t18741123-25-offence-1" type="offenceDescription">
<interp inst="t18741123-25-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18741123-25-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously wounding
<persName id="t18741123-name-120" type="victimName">
<interp inst="t18741123-name-120" type="gender" value="male"/>
<interp inst="t18741123-name-120" type="surname" value="FLYNN"/>
<interp inst="t18741123-name-120" type="given" value="FRANCIS"/>
<join result="offenceVictim" targOrder="Y" targets="t18741123-25-offence-1 t18741123-name-120"/>Francis Flynn</persName>, with intent to do him grievous bodily harm.</rs> </p>
<hi rend="smallCaps">MR. LANGFORD</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741123-name-121" type="witnessName">
<interp inst="t18741123-name-121" type="gender" value="male"/>
<interp inst="t18741123-name-121" type="surname" value="FLYNN"/>
<interp inst="t18741123-name-121" type="given" value="FRANCIS"/>FRANCIS FLYNN</persName> </hi>. On Monday and Tuesday, the 9th and 10th. of No
<lb/>vember, I was lodging at 19, Church Lane—the prisoner had been lodging in that house about five weeks—about 10 o'clock, on the morning of the 10th, I was standing by the fire in the kitchen lighting my pipe; the prisoner came up and made two plunges with a knife at my left shoulder—I turned round sharply and threw my arm up as I saw his hand over me, and I received the blow on my arm—I did not see the knife till after I had received the blow, and then I saw it in his hand—he did not say anything—I shouted out that I was stabbed; the blood came—Lee and another man they call "
<hi rend="italic">Tyke</hi>," came up, and Lee took the knife from him—I went to the police-station—I had spoken to the prisoner on the morning of the 9th when I was having my breakfast—he had the same knife in his hands twisting it about, and he said he would bury it in the heart of a constable who had locked him up three times, and I said "Get up, you d——d old rat, and let me have my breakfast"—this is the knife (
<hi rend="italic">Produced</hi>).</p>
<hi rend="smallCaps">
<persName id="t18741123-name-122" type="witnessName">
<interp inst="t18741123-name-122" type="gender" value="male"/>
<interp inst="t18741123-name-122" type="surname" value="LEE"/>
<interp inst="t18741123-name-122" type="given" value="JOHN"/>JOHN LEE</persName> </hi>. I was in the kitchen of this lodging house on the 10th November—I went to get a light for my pipe about 1.15 a.m.—I saw the prisoner sitting down on the floor when I went in, and he was picked up and placed on a form by two men—Flynn was up
<hi rend="italic">again</hi> the fireplace—the prisoner ran up to him and made an attempt to strike at him; he put his left arm up the second time and said "I am stabbed; he has got a knife"—I turned the prisoner down on the floor and picked up the knife from under the form—the first time he attempted to strike Flynn on the shoulder, and then he struck him on the arm—he did not say a word—I was not two minutes in the place.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-123" type="witnessName">
<interp inst="t18741123-name-123" type="gender" value="male"/>
<interp inst="t18741123-name-123" type="surname" value="LLOYD"/>
<interp inst="t18741123-name-123" type="given" value="SAMUEL"/>SAMUEL LLOYD</persName> </hi>. I am a surgeon, at 4, High Street, Bloomsbury—on Tuesday morning, 10th November, between 1 and 2 o'clock, I went to the police-station in George Street, St. Giles's, and found Flynn there—he had lost a great deal of blood; his coat was cut on the shoulder, but there was no wound on his flesh there—on the left fore arm there was a deep punctured wound, with an enormous quantity of blood infused into the cellular tissue of the arm; the nerve, I judge, to have been divided, because the fingers were and are now paralyzed, and I think will remain so permanently—I judge that an artery was cut by the effusion of blood into the fore arm and the extensor muscle of the fore arm—this knife is the sort of instrument by which it could be done—there was a stain of blood on it</p>
<xptr type="pageFacsimile" doc="187411230024"/>
<p>when I first saw it—he could never recover the use of that part supplied by the nerve that was cut.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-124" type="witnessName">
<interp inst="t18741123-name-124" type="gender" value="male"/>
<interp inst="t18741123-name-124" type="surname" value="HUBBARD"/>
<interp inst="t18741123-name-124" type="given" value="CHARLES"/>CHARLES HUBBARD</persName> </hi> (
<hi rend="italic">Police Sergeant E</hi> 5). Between 1 and 2 a.m. of the 10th November, I went to 19, Church Lane—I found the prisoner there—he was pointed out to me as the man who had stabbed Flynn—I told him the charge, and he made a mumbling statement I could not understand—he was charged at the station—the knife was handed to me.</p>
<hi rend="italic">Prisoner's Defence.</hi> I have nothing to say; I know nothing about it.</p>
<rs id="t18741123-25-verdict-1" type="verdictDescription">
<interp inst="t18741123-25-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741123-25-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTT</hi> </rs>
<rs id="t18741123-25-punishment-22" type="punishmentDescription">
<interp inst="t18741123-25-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18741123-25-punishment-22" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-25-18741123 t18741123-25-punishment-22"/>
<hi rend="italic">Five Years' Penal Servitude.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18741123-26">
<interp inst="t18741123-26" type="uri" value="sessionsPapers/18741123"/>
<interp inst="t18741123-26" type="date" value="18741123"/>
<join result="criminalCharge" id="t18741123-26-charge-1" targOrder="Y" targets="def1-26-18741123 t18741123-26-offence-1 t18741123-26-verdict-1"/>
<persName id="def1-26-18741123" type="defendantName">
<interp inst="def1-26-18741123" type="gender" value="male"/>
<interp inst="def1-26-18741123" type="age" value="30"/>
<interp inst="def1-26-18741123" type="surname" value="REILEY"/>
<interp inst="def1-26-18741123" type="given" value="JEREMIAH"/>
<hi rend="largeCaps">JEREMIAH REILEY</hi> (30)</persName>
<rs id="t18741123-26-offence-1" type="offenceDescription">
<interp inst="t18741123-26-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18741123-26-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously wounding
<persName id="t18741123-name-126" type="victimName">
<interp inst="t18741123-name-126" type="gender" value="male"/>
<interp inst="t18741123-name-126" type="surname" value="GODFREY"/>
<interp inst="t18741123-name-126" type="given" value="RICHARD"/>
<interp inst="t18741123-name-126" type="occupation" value="sub-warder at the House of Detention"/>
<join result="offenceVictim" targOrder="Y" targets="t18741123-26-offence-1 t18741123-name-126"/>Richard Godfrey</persName> with Intent to do him grievous bodily harm.</rs> </p>
<hi rend="smallCaps">MR. MOODY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741123-name-127" type="witnessName">
<interp inst="t18741123-name-127" type="gender" value="male"/>
<interp inst="t18741123-name-127" type="surname" value="GODFREY"/>
<interp inst="t18741123-name-127" type="given" value="RICHARD"/>RICHARD GODFREY</persName> </hi>. I am a sub-warder at the House of Detention—the prisoner was committed on a warrant to the House of Detention on a charge of assault—on the morning of Tuesday, 26th October, I went to the refractory cell where he had been placed; that is a cell used by persons who are guilty of insubordinate conduct—I went with Principal Warder Cape to take some clothes to that cell—the clothes are always taken out of the cells at night and given to the prisoner the first thing in the morning—the prisoner asked what the clothes were for and we told him to put on, and he said he would put no more b——clothes on in that place—Cape said "Very well, take the bed out Godfrey"—I went to take the bed out and he struck Cape in the mouth—I went to Cape's assistance, and the prisoner turned round on me and caught me by the whiskers and struck me several times over the face and we fell down—while I was trying to get my whiskers from his hand he bit me on the thumb—we went for the assistance of other officers and when we got back the prisoner had broken up the bed and smashed the window, and he swore he would break the head of the first man who entered the cell—he was secured and put under restraint—he had got a portion of the bed in his hand—I had to go under Dr. Smiles for the bite in my thumb—I suffered pain for about a fortnight or three weeks all up the arm.</p>
<hi rend="italic">Prisoner.</hi> I was very queer with
<hi rend="italic">delerium tremens</hi> when I got inside and I did not know what I was doing.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. He was sober—he was not brought in tipsy, it was for an assault on his father.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-128" type="witnessName">
<interp inst="t18741123-name-128" type="gender" value="male"/>
<interp inst="t18741123-name-128" type="surname" value="SMILES"/>
<interp inst="t18741123-name-128" type="given" value="WILLIAM"/>WILLIAM SMILES</persName> </hi>, M. D. I am surgeon at the House of Detention
<lb/>Godfrey did not complain to me for two or three days, he treated the matter lightly at first—there was a wound on the right thumb, which inflamed and became more painful, the pain extending up the arm—he has got well, but at one time the thumb was very bad indeed; he was under my care about a fortnight—he has gone on with his duty, although he has been suffering much—the prisoner was not suffering from
<hi rend="italic">delerium tremens</hi>—I have no doubt he had been drinking before he came into the prison, but this was several days afterwards—his arm was put out, but that was not done in the prison—I understood he would not get into the van at the police-office and he was forced in, but I know nothing further about that.</p>
<hi rend="italic">The prisoner, in his defence, stated that he had been ill-related by the officers at the House of Detention, and that he had had his arm put out which was afterwards set by Dr. Gibson.</hi> </p>
<rs id="t18741123-26-verdict-1" type="verdictDescription">
<interp inst="t18741123-26-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741123-26-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of unlawfully wounding—</hi> </rs>
<hi rend="italic">
<rs id="t18741123-26-punishment-23" type="punishmentDescription">
<interp inst="t18741123-26-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18741123-26-punishment-23" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-26-18741123 t18741123-26-punishment-23"/>Three Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18741123-27">
<interp inst="t18741123-27" type="uri" value="sessionsPapers/18741123"/>
<interp inst="t18741123-27" type="date" value="18741123"/>
<join result="criminalCharge" id="t18741123-27-charge-1" targOrder="Y" targets="def1-27-18741123 t18741123-27-offence-1 t18741123-27-verdict-1"/>
<xptr type="pageFacsimile" doc="187411230025"/>
<persName id="def1-27-18741123" type="defendantName">
<interp inst="def1-27-18741123" type="gender" value="male"/>
<interp inst="def1-27-18741123" type="age" value="21"/>
<interp inst="def1-27-18741123" type="surname" value="HUGH"/>
<interp inst="def1-27-18741123" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES HUGH</hi> (21)</persName>
<rs id="t18741123-27-offence-1" type="offenceDescription">
<interp inst="t18741123-27-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18741123-27-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery with violence, with others, on
<persName id="t18741123-name-130" type="victimName">
<interp inst="t18741123-name-130" type="gender" value="male"/>
<interp inst="t18741123-name-130" type="surname" value="WEBB"/>
<interp inst="t18741123-name-130" type="given" value="JOSEPH"/>
<join result="offenceVictim" targOrder="Y" targets="t18741123-27-offence-1 t18741123-name-130"/>Joseph Webb</persName> and stealing his watch and chain and a coin, his property.</rs> </p>
<hi rend="smallCaps">MR. BRINDLEY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741123-name-131" type="witnessName">
<interp inst="t18741123-name-131" type="gender" value="male"/>
<interp inst="t18741123-name-131" type="surname" value="WEBB"/>
<interp inst="t18741123-name-131" type="given" value="JOSEPH"/>JOSEPH WEBB</persName> </hi>. I live at 15, Old Town, Clapham—about 6o'elock on the evening of 10th November I was in Long Lane, turning into Cloth Fair—I saw three or four young men in the street standing together, the prisoner was one of them—as I was passing the end of that turning the prisoner came in front of me, rushed at me and drew his hand down my waistcoat, caught hold of my chain, which had a watch at one end and a coin at the other; he dragged it out of my pocket and from the button hole and ran up the turning—I could see the watch and chain in his hand as he ran away—I started after him and was interfered with by the others, one tore my coat and another tried to catch hold of me—I knocked them on one side with my fist, got past them, and went after the prisoner—I called "Stop thief!"—I afterwards saw him taken by a constable—I only lost sight of him for one moment as he turned the corner—I am sure he is the man who took my watch—the value is 14
<hi rend="italic">l</hi>.—I wore it at my waistcoat—one of the young men pulled my coat on one side to see if it was there.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> The policeman was running after you—he was running by the side of you at first—you had passed the watch to some one else—I saw you gather it up in your hand—I had a full view of your face.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-132" type="witnessName">
<interp inst="t18741123-name-132" type="gender" value="male"/>
<interp inst="t18741123-name-132" type="surname" value="FAKE"/>
<interp inst="t18741123-name-132" type="given" value="WILLIAM"/>WILLIAM FAKE</persName> </hi> (
<hi rend="italic">City Policeman</hi> 254). About 6.15 on this night I was in New Street, Cloth Fair and heard a cry of "Stop thief!"—I saw some men running and followed them down the street—as I got to the corner the prisoner got in front of me and pushed me back twice, he took hold of my coat and asked me what was the matter—he then put his foot out and tried to throw me down—I missed the other man who was running—the prosecutor came up and said he had stolen his watch, and charged him—I took him to the station.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> I saw another man running, and ran after him—he had just gone round the corner when you stopped me—you were in front of me when he turned the corner.</p>
<hi rend="italic">Prisoner's Defence.</hi> I stopped the policeman, and asked him what was the matter. The prosecutor came up and said directly, "You are one of them."</p>
<rs id="t18741123-27-verdict-1" type="verdictDescription">
<interp inst="t18741123-27-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741123-27-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of stealing the watch, but not of the violence.</hi> </rs>
<hi rend="italic"> He also</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to having been before convicted in February</hi>, 1874—
<hi rend="italic">
<rs id="t18741123-27-punishment-24" type="punishmentDescription">
<interp inst="t18741123-27-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t18741123-27-punishment-24" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-27-18741123 t18741123-27-punishment-24"/>Seven Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18741123-28">
<interp inst="t18741123-28" type="uri" value="sessionsPapers/18741123"/>
<interp inst="t18741123-28" type="date" value="18741123"/>
<join result="criminalCharge" id="t18741123-28-charge-1" targOrder="Y" targets="def1-28-18741123 t18741123-28-offence-1 t18741123-28-verdict-1"/>
<persName id="def1-28-18741123" type="defendantName">
<interp inst="def1-28-18741123" type="gender" value="male"/>
<interp inst="def1-28-18741123" type="age" value="21"/>
<interp inst="def1-28-18741123" type="surname" value="PATTERSON"/>
<interp inst="def1-28-18741123" type="given" value="ALEXANDER"/>
<hi rend="largeCaps">ALEXANDER PATTERSON</hi> (21)</persName>
<rs id="t18741123-28-offence-1" type="offenceDescription">
<interp inst="t18741123-28-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18741123-28-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing a purse and 10
<hi rend="italic">l</hi>. of
<persName id="t18741123-name-134" type="victimName">
<interp inst="t18741123-name-134" type="gender" value="female"/>
<interp inst="t18741123-name-134" type="surname" value="HARD"/>
<interp inst="t18741123-name-134" type="given" value="EMMA HANNAH"/>
<join result="offenceVictim" targOrder="Y" targets="t18741123-28-offence-1 t18741123-name-134"/>Emma Hannah Hard</persName>, from her person.</rs> </p>
<hi rend="smallCaps">MESSRS. STRAIGHT</hi>
<hi rend="italic">and</hi> Gill
<hi rend="italic">conducted the Prosecution</hi>;
<hi rend="smallCaps">MR. THORNE COLE</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741123-name-135" type="witnessName">
<interp inst="t18741123-name-135" type="gender" value="female"/>
<interp inst="t18741123-name-135" type="surname" value="HARD"/>
<interp inst="t18741123-name-135" type="given" value="EMMA HANNAH"/>EMMA HANNAH HARD</persName> </hi>. I am a widow, and reside at East Dulwich—on" the evening of 29th October, between 5 and 6 o'clock, I was at the Ludgate Hill Station, going to Peckham Rye—the train was drawn up, and I was going to get in, when two or three men hustled in front of me, and prevented me getting into the second-class carriage I was going to get in—I found my bag open, and missed my purse, and ran after the prisoner—my purse had been in my bag not five minutes before—the prisoner was one of the men who hustled me—he got into a first-class carriage, and I</p>
<xptr type="pageFacsimile" doc="187411230026"/>
<p>got in after him—I said "You have got my purse with a 10
<hi rend="italic">l</hi>. note in it"—a friend, who was with him, said "I have not got it, and held up his bands—the prisoner made no reply, but jumped out of the carriage, and ran away down the station—I saw him chased by a friend of mine—the other man was left in the carriage—I missed my purse the instant I was hustled.</p>
<hi rend="italic">Cross-examined.</hi> With the exception of my lady friend, and one other young lady, everybody on the platform were strangers to me—there was a crowd on the platform—the other man had a black suit on, a short coat, and round hat—I said "You have my purse with a 10
<hi rend="italic">l</hi>. note in it"—I said that to both of them, and the other man said "I have not it"—the whole matter occupied a very few seconds—from the time I first saw my bag open till I saw the prisoner in custody, would be about five minutes—I saw the prisoner in the custody of the police inspector afterwards.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-136" type="witnessName">
<interp inst="t18741123-name-136" type="gender" value="female"/>
<interp inst="t18741123-name-136" type="surname" value="PORTWINE"/>
<interp inst="t18741123-name-136" type="given" value="EMMA"/>EMMA PORTWINE</persName> </hi>. I live at Peckham Rye—I was on the platform of the Ludgate Hill Station on 29th October—I met Mrs. Hard there—she said, "I have lost my purse, and a 10
<hi rend="italic">l</hi>. note in it," and she ran along the platform, and got into a first-class carriage—the prisoner got out, and I caught hold of his coat collar—he got away, and ran along the platform—the prisoner is the man I caught hold of—I did not see the porter take him.</p>
<hi rend="italic">Cross-examined.</hi> I said at the Police Court "A man jumped out of the carriage," and that is the man—I held him for a moment, and then he got away—to the best of my belief the prisoner is the man, but I would not like to solemnly swear it—it took place in a moment—I got into the train afterwards—I did not see any one take the purse from Mrs. Hard, and I did not see her speak to anybody—the prisoner is the only man who got" out of the train before it left the station.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-137" type="witnessName">
<interp inst="t18741123-name-137" type="gender" value="male"/>
<interp inst="t18741123-name-137" type="surname" value="BLOWER"/>
<interp inst="t18741123-name-137" type="given" value="JAMES"/>JAMES BLOWER</persName> </hi>. I am a porter at the Ludgate Hill Station—I was on the platform about six o'clock on the evening of the 29th October—as I was attending the 5.48 p.m. train to the Crystal Palace, I saw something like a confusion—I went up, and heard Mrs. Hard say "A 10
<hi rend="italic">l</hi>. note was in my purse, and that is gone with the purse"—I turned round, and saw the prisoner wrench away from Mrs. Portwine—I run after him, and caught him on the stairs—I did not lose sight of him from the time he escaped from Mrs. Portwine until I caught him—one of the company's police was on the landing, and I told him to detain the prisoner till I fetched the inspector; and when the inspector came the prisoner was given in charge to a constable.</p>
<hi rend="italic">Cross-examined.</hi> The Inspector came to the bottom of the stairs and I ran up and fetched the ladies down—I should say it was about three minutes from the time I first saw the confusion till the time the ladies came down and saw the prisoner in custody—there is the usual ticket collector at the top of the stairs—when I caught the prisoner he had two flights of stairs to go down.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-138" type="witnessName">
<interp inst="t18741123-name-138" type="gender" value="male"/>
<interp inst="t18741123-name-138" type="surname" value="WHELTON"/>
<interp inst="t18741123-name-138" type="given" value="EDWARD"/>EDWARD WHELTON</persName> </hi>. I am Inspector at the Ludgate Hill Station—there is a ticket collector at each gateway—about 6 o'clock on the evening of October 29th Blower spoke to me—the prisoner was then in the custody of the policeman on the landing of the stairs—when I came down to him he wanted to know why he was detained—I said "You are detained for stealing a lady's purse"—he said "I have not done anything of the kind, I am quite willing to be searched.</p>
<hi rend="italic">Cross-examined.</hi> He asked me who his accusers were, and I said they were coming down the stairs.</p>
<xptr type="pageFacsimile" doc="187411230027"/>
<hi rend="smallCaps">
<persName id="t18741123-name-139" type="witnessName">
<interp inst="t18741123-name-139" type="gender" value="male"/>
<interp inst="t18741123-name-139" type="surname" value="REEVE"/>
<interp inst="t18741123-name-139" type="given" value="WILLIAM"/>WILLIAM REEVE</persName> </hi> (
<hi rend="italic">City Policeman</hi> 470). The prisoner was given into my custody—he said "I was never in a carriage to-night"—after we got to the station he said "I was never in a first-class carriage," that was when Mrs. Hard said that she got into a first-class carriage—I did not find any ticket on him.</p>
<hi rend="smallCaps">
<rs id="t18741123-28-verdict-1" type="verdictDescription">
<interp inst="t18741123-28-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741123-28-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi> </p>
<hi rend="italic">He also</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to having been before convicted in October</hi>, 1870.**
<hi rend="italic">
<rs id="t18741123-28-punishment-25" type="punishmentDescription">
<interp inst="t18741123-28-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t18741123-28-punishment-25" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-28-18741123 t18741123-28-punishment-25"/>Seven Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18741123-29">
<interp inst="t18741123-29" type="uri" value="sessionsPapers/18741123"/>
<interp inst="t18741123-29" type="date" value="18741123"/>
<join result="criminalCharge" id="t18741123-29-charge-1" targOrder="Y" targets="def1-29-18741123 t18741123-29-offence-1 t18741123-29-verdict-1"/>
<persName id="def1-29-18741123" type="defendantName">
<interp inst="def1-29-18741123" type="gender" value="male"/>
<interp inst="def1-29-18741123" type="age" value="38"/>
<interp inst="def1-29-18741123" type="surname" value="CLARK"/>
<interp inst="def1-29-18741123" type="given" value="RICHARD"/>
<hi rend="largeCaps">RICHARD CLARK</hi> (38)</persName>
<rs id="t18741123-29-offence-1" type="offenceDescription">
<interp inst="t18741123-29-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18741123-29-offence-1" type="offenceSubcategory" value="burglary"/>, Burglariously breaking and entering the warehouse of
<persName id="t18741123-name-141" type="victimName">
<interp inst="t18741123-name-141" type="gender" value="male"/>
<interp inst="t18741123-name-141" type="surname" value="GILLIILAND"/>
<interp inst="t18741123-name-141" type="given" value="HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18741123-29-offence-1 t18741123-name-141"/>Henry Gilliland</persName> and another and stealing four sewing-machines and one timepiece, their property.</rs> </p>
<hi rend="smallCaps">MR. MILLWOOD</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741123-name-142" type="witnessName">
<interp inst="t18741123-name-142" type="gender" value="male"/>
<interp inst="t18741123-name-142" type="surname" value="HICKMORE"/>
<interp inst="t18741123-name-142" type="given" value="THOMAS"/>THOMAS HICKMORE</persName> </hi> (
<hi rend="italic">City Policeman</hi> 170). Early on the morning of 31st October I was in Gresham Street at the corner of Wood Street—my attention was drawn to a light burning in the window of the second floor of 114, Wood Street—I went for the man on beat and rang next door and called the housekeeper up—I then sent for the sergeant, and' when he came with another officer we searched the premises.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-143" type="witnessName">
<interp inst="t18741123-name-143" type="gender" value="male"/>
<interp inst="t18741123-name-143" type="surname" value="HUNT"/>
<interp inst="t18741123-name-143" type="given" value="BAXTER"/>BAXTER HUNT</persName> </hi> (
<hi rend="italic">City Detective</hi>). I went in company with Sergeant Honister and searched 114, Wood Street, which is in the occupation of Messrs. Gilliland—we got into the premises from next door, the housekeeper allowed us to go on the roof, and from the roof we got into Messrs. Gilli
<lb/>land's premises through a window—upon searching the place we found the prisoner concealed on the staircase on the second floor—he had a piece of canvas over him—I asked him to get up—he did not move—I took the piece of canvas off—he had his eyes open—he was not asleep as he pretended to—I pulled him up—he said "Wait a moment, I am asleep and very queer"—as soon as I got him from behind the staircase I searched him and found in his coat pocket forty picks or skeleton keys, three screw drivers, a hand chisel, a centre punch, a hammer, a hand vice and file, a piece of candle, and a quantity of matches—on the packing case where the prisoner was lying I found this small crowbar—I produce all the things—I went into the counting house and saw that the safe had been attempted to be opened, and the marks on the door corresponded with the hard chisel—there were also marks on the wall corresponding with the tools—we got the prisoner off the premises by the way we had got in and took him to the station—I searched him there and found a promissory note for 6
<hi rend="italic">l</hi>. odd, some duplicates, and 15
<hi rend="italic">s</hi>. and some odd halfpence—the outer door was secured with a padlock and bar, and the doors inside the premise were open except one on the third floor which was locked—I found the key of that lock in the prisoner's pocket—he gave an address at Weymouth Street; Portland Road.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-144" type="witnessName">
<interp inst="t18741123-name-144" type="gender" value="male"/>
<interp inst="t18741123-name-144" type="surname" value="HONISTER"/>
<interp inst="t18741123-name-144" type="given" value="JOSEPH"/>JOSEPH HONISTER</persName> </hi> (
<hi rend="italic">City Police Sergeant</hi> 32). Early on the morning of 31st October from information I received I went with Police-constables Hick-more and Hunt to examine the premises 114, Wood Street—I was present when the prisoner was found—I examined the premises on the arrival of the occupiers in the morning—I found a timepiece and four machines in a coat placed in a basket on the second floor which had been taken from various parts of the premises—there was some candle grease on the clock—the windows and doors were fastened—there were marks on the safe and on the walls corresponding with the tools that were found.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-145" type="witnessName">
<interp inst="t18741123-name-145" type="gender" value="male"/>
<interp inst="t18741123-name-145" type="surname" value="JAMES"/>
<interp inst="t18741123-name-145" type="given" value="ALBERT"/>ALBERT JAMES</persName> </hi>. I am a warehouseman in the service of Messrs. Gilli
<xptr type="pageFacsimile" doc="187411230028"/>
<p>—on the night of 30th October I locked up the premises about 7 o'clock—I locked the middle door which shuts the upper part, told the agent on the first floor we were going, and left him the bar and bolt—this timepiece was in a room on the third floor, which was kept locked—it had only been there a day or two before—it is my master's property—these machines were on the top floor, screwed to benches, with which the girls worked—they were up there the night before, and are my master's property—I saw them the day previous, about half-an-hour before we closed—I have seen the prisoner a number of times; he has been to our place to repair machines—it is perhaps six months since he repaired the last machine, perhaps longer, and perhaps not that time—he has been accustomed to come there to repair machines—he had a right to come up and see if we had anything to do, but certainly not to remain there.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> I was not aware that the desire was that you should not come up before 6.30 at night, but I told you not to come when the governor was there; you came bothering for the loan of half a sovereign, and I have told you not to go up; you always wanted money when you had any job on—I say it is six months since you have done any work—I have not made inquiries how you were getting on with the work lately—I locked the door leading to the warehouse on the second floor—there are two warehouses you have to pass to get to the second floor—you might pass up and down fifty times and they not see you; people don't stand looking through the glass all day.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-146" type="witnessName">
<interp inst="t18741123-name-146" type="gender" value="male"/>
<interp inst="t18741123-name-146" type="surname" value="BROCKWELL"/>
<interp inst="t18741123-name-146" type="given" value="SEPTIMUS"/>SEPTIMUS BROCKWELL</persName> </hi>. I am errand boy to Messrs. Gilliland—I left the premises about 7 o'clock on the evening of 30th October—before leaving I went upstairs and put the gas out and locked the door of the room on the third floor, where the clock was—this is the clock—I saw it on the 30th October on the table, under the glass case—I hung the key of the room up in the warehouse in the usual place—I was there on the following morning when the basket was found in a little office on the second floor; four of the sewing machines, and this timepiece and a coat were found in the basket.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-147" type="witnessName">
<interp inst="t18741123-name-147" type="gender" value="male"/>
<interp inst="t18741123-name-147" type="surname" value="JUNIOR"/>
<interp inst="t18741123-name-147" type="given" value="HENRY GILLILAND,"/>HENRY GILLILAND, JUNIOR</persName> </hi> (
<hi rend="italic">examined by the Prisoner</hi>). You have been doing a goodish bit of work for us—you made us some machines last year, which we paid you for—there was a law-suit—you made several more machines for me after that, six or seven—you made me three pleating machines, and I paid you for them—you did not make me three more pleating machines after that—about three months ago I came to you about a machine which I had in order, which I would not take from you out had 5
<hi rend="italic">l</hi>. deposit upon it—you made me three machines and one I did not take, that is four—I never had three more from you after you made the first three—I ordered four, and I got three—you gave me a written guarantee that they were patent, and I got into trouble with you, and of course I would not have the fourth machine—the price was to be 30
<hi rend="italic">l</hi>. or 35
<hi rend="italic">l</hi>.—you wanted 40
<hi rend="italic">l</hi>., and I paid you 5
<hi rend="italic">l</hi>. deposit; you wanted more money, and I said "No, finish it; bring it in, and you shall have the money"—you called and asked us to have the machine, and I said we would not have it—we returned it on your hands—I gave the order for four machines and only took three of them, and the other was left in your hands.</p>
<hi rend="italic">Witness for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741123-name-148" type="witnessName">
<interp inst="t18741123-name-148" type="gender" value="male"/>
<interp inst="t18741123-name-148" type="surname" value="SKINNER"/>
<interp inst="t18741123-name-148" type="given" value="CHARLES"/>CHARLES SKINNER</persName> </hi> I have worked for you for about three years—I made some pleating machines for Mr. Gilliland—I believe there was a lawsuit</p>
<xptr type="pageFacsimile" doc="187411230029"/>
<p>about the infringement of the patent and Mr. Gilliland had to pay something, and was served with an injunction—you were served with a paper to attend—I believe you made some more machines for Mr. Gilliland after that, as far as I recollect—I can't say how many he ordered—I believe he had two or three and a part of one he bought—about two months ago you came home and told me you had got an order for another machine for Mr. Gilliland—that would be five machines and a part of one that you sold him—before you came to the City you did a little stove and gas fitting and lock picking—you have done a good deal of lock picking—men have come in when I have been there and they have waited an hour for you to go and pick them, and on one occasion there was a key broken at Mr. Gilliland's and you had to go and pick that lock—I don't know what the understanding was between you and Mr. Gilliand when you made the second machines after the injunction was filed—they were only parts of machines, what are commonly called
<hi rend="italic">duffers.</hi> </p>
<hi rend="italic">The prisoner, in a long defence, complained that the. prosecutor had induced Mm to make some machines for him which were an infringemnt of a patent, and that afterwards he asked him to make four more to substitute for the patent ones, knowing at the time there was an injunction against him; he afterwards refused to have one of those machines, and it was thrown upon his hands;. that the only reason he went on the prosecutor's premises was to destroy the machines, in order to do him an injury, and not with intent to steal. He also stated that the skeleton keys were used by him in his trade as a locksmith.</hi> </p>
<hi rend="smallCaps">
<rs id="t18741123-29-verdict-1" type="verdictDescription">
<interp inst="t18741123-29-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741123-29-verdict-1" type="verdictSubcategory" value="withRecommendation"/>GUILTY</rs> </hi>
<hi rend="italic">Recommended to mercy by the Jury—
<rs id="t18741123-29-punishment-26" type="punishmentDescription">
<interp inst="t18741123-29-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t18741123-29-punishment-26" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-29-18741123 t18741123-29-punishment-26"/>Six Month's Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18741123-30">
<interp inst="t18741123-30" type="uri" value="sessionsPapers/18741123"/>
<interp inst="t18741123-30" type="date" value="18741123"/>
<join result="criminalCharge" id="t18741123-30-charge-1" targOrder="Y" targets="def1-30-18741123 t18741123-30-offence-1 t18741123-30-verdict-1"/>
<persName id="def1-30-18741123" type="defendantName">
<interp inst="def1-30-18741123" type="gender" value="male"/>
<interp inst="def1-30-18741123" type="age" value="24"/>
<interp inst="def1-30-18741123" type="surname" value="MYNOTT"/>
<interp inst="def1-30-18741123" type="given" value="ARTHUR"/>
<hi rend="largeCaps">ARTHUR MYNOTT</hi> (24)</persName>
<rs id="t18741123-30-offence-1" type="offenceDescription">
<interp inst="t18741123-30-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18741123-30-offence-1" type="offenceSubcategory" value="assault"/>, Unlawfully assaulting
<persName id="t18741123-name-150" type="victimName">
<interp inst="t18741123-name-150" type="gender" value="male"/>
<interp inst="t18741123-name-150" type="surname" value="POWELL"/>
<interp inst="t18741123-name-150" type="given" value="EDWARD"/>
<interp inst="t18741123-name-150" type="occupation" value="police constable"/>
<join result="offenceVictim" targOrder="Y" targets="t18741123-30-offence-1 t18741123-name-150"/>Edward Powell</persName>, a constable, in the execution of his duty.</rs> </p>
<hi rend="smallCaps">MR. WILDEY WEIGHT</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MESSRS. MONTAGU</hi>.</p>
<hi rend="smallCaps">WILLIAMS</hi>
<hi rend="italic">and</hi> Charles Matthews
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741123-name-151" type="witnessName">
<interp inst="t18741123-name-151" type="gender" value="male"/>
<interp inst="t18741123-name-151" type="surname" value="POWELL"/>
<interp inst="t18741123-name-151" type="given" value="EDWARD"/>EDWARD POWELL</persName> </hi> I was on duty in the neighbourhood of Camden Street, Bromley, about 6.30 p.m., on 28th October—I was called to No. 8, and directed to take the prisoner into custody—he said that twenty policemen would not take him—I told him he would have to go up to the station with me and I took hold of his arm—he threw me down three times, trying to get away from me—I felt rather stiff for a day or two afterwards—I had not any bruises—I was in uniform at the time.</p>
<hi rend="italic">Cross-examined.</hi> I took hold of his left arm—I don't think he fell at any time—I went on the ground three times—I won't be positive whether he fell or not, I don't think he did—I will say he did not fall.</p>
<hi rend="italic">The prisoner received a good character.</hi> </p>
<hi rend="smallCaps">
<rs id="t18741123-30-verdict-1" type="verdictDescription">
<interp inst="t18741123-30-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18741123-30-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, November</hi> 25
<hi rend="italic">th</hi>, 1874.</p>
<hi rend="italic">Before Mr. Justice Keating.</hi> </p>
<div1 type="trialAccount" id="t18741123-31">
<interp inst="t18741123-31" type="uri" value="sessionsPapers/18741123"/>
<interp inst="t18741123-31" type="date" value="18741123"/>
<join result="criminalCharge" id="t18741123-31-charge-1" targOrder="Y" targets="def1-31-18741123 t18741123-31-offence-1 t18741123-31-verdict-1"/>
<persName id="def1-31-18741123" type="defendantName">
<interp inst="def1-31-18741123" type="gender" value="male"/>
<interp inst="def1-31-18741123" type="age" value="32"/>
<interp inst="def1-31-18741123" type="surname" value="WALTERS"/>
<interp inst="def1-31-18741123" type="given" value="HORATIO"/>
<interp inst="def1-31-18741123" type="occupation" value="ship's captain"/>
<hi rend="largeCaps">HORATIO WALTERS</hi> (32)</persName>, was indicted
<rs id="t18741123-31-offence-1" type="offenceDescription">
<interp inst="t18741123-31-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18741123-31-offence-1" type="offenceSubcategory" value="murder"/> for the wilful murder of
<persName id="t18741123-name-153" type="victimName">
<interp inst="t18741123-name-153" type="gender" value="male"/>
<interp inst="t18741123-name-153" type="surname" value="ALI"/>
<interp inst="t18741123-name-153" type="given" value="FUGEER"/>
<interp inst="t18741123-name-153" type="occupation" value="seaman"/>
<join result="offenceVictim" targOrder="Y" targets="t18741123-31-offence-1 t18741123-name-153"/>Fugeer Ali</persName>; he was
<hi rend="italic">also</hi> charged, upon the Coroner's Inquisition, with the manslaughter of the same person.</rs> </p>
<hi rend="smallCaps">MESSRS. POLAND</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">BEASLEY</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. SERJEANT</hi> </p>
<hi rend="smallCaps">BALLANTINE</hi>,
<hi rend="italic">with</hi>
<hi rend="smallCaps">MR. STRAIGHT</hi>,
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741123-name-154" type="witnessName">
<interp inst="t18741123-name-154" type="gender" value="male"/>
<interp inst="t18741123-name-154" type="surname" value="KHAN"/>
<interp inst="t18741123-name-154" type="given" value="KHALEE"/>KHALEE KHAN</persName> </hi>. I understand English a little, not much—I was a seaman on board a ship called the
<hi rend="italic">Emily Augusta</hi>—I shipped on board her in March last at Akyab, in the Bay of Bengal—I don't know in which month the ship arrived in England—there was a seaman on board named Fugeer</p>
<xptr type="pageFacsimile" doc="187411230030"/>
<p>Ali; he shipped at the same time I did at Akyab—he was in good health when he shipped—I don't know his age; I am 26; he was more young than me—he shipped as a seaman—Captain Walters, the prisoner, was the captain—the first time I saw anything done to Fugeer Ali was, I think, about two months and a half after we left Akyab—I saw both his ears rotten, and a broken head; the captain hit him—I was on deck at the time—Fugeer Ali was hauling the crotchet brace close to the main rigging on the starboard side—I was close to the forecastle—I see the captain hit him with his hand, a
<hi rend="italic">lick</hi>—that time I see myself; some time he hit him with ropes—about three months after we sailed I see him outside the forecast le scraping the blue paint; the captain come and say he do very little work—"Do you want to stop all day here?"—he did not answer, then the captain
<hi rend="italic">lick</hi> his backside, after that he catch a belaying pin, and two or three times he hit him with a wooden belaying pin on his head, and his head was bleeding—after that the captain said "Let us see your knife?"—he was scraping with a knife; he gave it to the captain, and the captain pitch it overboard, and then the captain said "What you going to do now?"—he did not answer. him he did not understand English—the captain told him to go off to scrape paint on the poop—he was striking him all the time, all night, and all the time, but I did not see any time bis head broke, only I tell that what I see myself—the captain strike him all night and all the time; he strike everybody, night and day—one day Fugeer Ali was holystoning the deck, and that time I see the captain hit him with a belaying pin in the head again—I think that was a week after the poop-business—some places on his head got better during the voyage home, and some places got rotten, his ears were rotten, both of them; they were swelled, and matter come out of them all the time—they did not continue so all the time to England; he got a little better before he eame on the landing.</p>
<hi rend="italic">Q.</hi> How often altogether do you suppose you have seen the captain strike him on the head with the belaying pin?
<hi rend="italic">A.</hi> One time I see him two or three times hit him with the belaying pin, another time two or three times he hit him with the belaying pin when he was working at holystone on the deck—I have told you all the occasions on which I saw him strike him five or six times altogether I think—this (
<hi rend="italic">produced</hi>) is the belaying pin, that is the sort of thing; it is in the rail, on both sides—two or three times I see the captain
<hi rend="italic">lick</hi> him with his fist, and I saw his broken nose, too—he
<hi rend="italic">lick</hi> his nose with his fist and break his nose—I did not see him
<hi rend="italic">lick</hi> him in any other way—I see he had lumps in his legs and other parts of his body, but I did not see what caused them.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLASTTINE</hi>. I am a Lascar—I think thirty-three of us altogether shipped from Akyab, all Lascars; a Serang shipped us, Mahomed Abdul, and he came to England with us—the only English on board were two mates, one captain and two boys, five altogether—the deceased was quite in good health when he shipped, the same like me—he did his work quickly and readily of course, he was not lazy, none of the Lascars were lazy; they did their work readily of course—the captain say "He very lazy, he very lazy," he say "lazy" to everybody, but we no lazy, I work before in another ship like this ship, when we got to work of course we did well, when no work we stop in our place—the captain always called us dirty black men, I was not dirty; how do I know if my companions were: sometimes when we are at work at that time we are dirty, but of</p>
<xptr type="pageFacsimile" doc="187411230031"/>
<p>course we must get clean; they were not more dirty than they were obliged to be from their work—I never see them eat opium—I did not eat opium,1 see only one man, not everybody, that was Abdoolah, but I see very little of him after he leave Calcutta—he was not the Serang, he was second boatswain—I have sometimes hit some of the Lascars when the captain gave me orders, but I did it very easy, not hard; the captain made me do it; I did not strike them on the head, sometimes I give him a slap, sometimes I catch hold of a rope and give him a whack on the back side to make him work; that was by the captain's orders, I don't like to hit the people, I strike very easy—I never did it without the captain's orders—the last time I saw the captain strike the deceased with the belaying pin was about two months and a half before we got to London; so far as Cork he hit him, he strike everybody so far as Cork, he hit everybody all the time—the last time I see him hit with the belaying pin was when he was holystoning; that was about three months and a half after we left Akyab—there was a Lascar on board named Ameroodee, a big fellow, he was not called Cassaab,—Cassaab was another man, and Ameroodee was another man—I remember Ameroodee and a lot of us being ordered to wash the decks before we got to the Cape; we wash decks every day, all hands—one day the captain told them to turn to, everybody was gone to work, the mate came and told us to attend to the Serang—at first we refused, the mate come and say "What is the matter? Turn to and go and wash the deck;" at first we did not, and afterwards the captain told the Serang to turn to and wash the deck and everybody has gone to work and did it—we did turn to directly the captain ordered us—I am not Englishman, Sir, I am black man; I can't understand proper English, what I understand I answer, what I don't understand I can't answer—I did not see Ameroodee go up to the captain in a threatening attitude—when he got sick I see him sometimes go for medicine—I did not see him go up to the captain when he was ordered to wash the deck—I see the captain strike him, not at that time, I can't say proper that time he hit him; I did not see what he went for at that time—I can't understand what "threatening" means.</p>
<hi rend="smallCaps">ABDUL</hi> (
<hi rend="italic">the evidence of the witness was interpreted by Lieutenant A. W. Stiffe</hi>). I was
<hi rend="italic">burra-tindal</hi> on board the
<hi rend="italic">Emsly Augusta</hi>, that is the same as boatswain's mate—I shipped at Akyab—I knew a, Lascar named Fugeer Ali, he joined at Akyab; when he came on board he was in good health, not at all sick—I did not know him before he joined; he was a second-class Lascar, that is an ordinary seaman—on the voyage home I saw the captain do something to him; he was scraping paint on the starboard side of the forecastle and the captain came from aft and told him to be quick, and the captain struck him two or three times with a wooden belaying pin like that, and further took his knife from him and threw it overboard—he struck him two or three or four times with the belaying pin on the head and a quantity of blood flowed and he tumbled down; then he stood up, and the captain kicked him two or three times and told him to go aft—I think this was two or three months before we arrived in England, but I can't speak with certainty, what does a man like me know about time?—on another occasion they were scraping the decks and the captain came and told him to scrub harder, and took a broom and struck him on the head and broke the skin over his eye—on another occasion we were hauling the braces and the captain came and found fault with us all and struck some of us, and struck also Fugeer Ali with a belaying pin, and he fell down and blood flowed from</p>
<xptr type="pageFacsimile" doc="187411230032"/>
<p>his head—once when they were pumping the ship out the captain came and told them they were not pumping properly, to pump harder, and then also struck him with a pin and with a rope in several places (
<hi rend="italic">Pointing to his head and neck</hi>), and he also then tumbled down—there were so many occasions upon which he was struck that I cannot recollect the particular instances, but his nose was damaged by the captain striking him, and also his ears very much.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>. The captain kept on striking them all day and night too, Fugeer Ali among the others,. Until they arrived—I saw the captain strike him five or six days before we arrived—I saw it, I think that was after we left Cork—the pilot came on board at Cork—when the pilot came on board the captain was striking the men, he did not strike them before the pilot, the pilot was aft and he came forward and struck them—all the men saw it, it was with a rope on the back—the last time I saw the captain strike Fugeer Ali with the belaying pin was I think twenty or twenty-five days before we got to Cork; after that he struck him with—the rope, but he did not strike him with the pin after that—I will swear it was not more than twenty or twenty-five days—the head bled—he was pumping and the captain said he was not. pumping hard, he was not using his strength—the Lascars were neither very good Lascars nor very bad—I signed articles as
<hi rend="italic">burra-lindal</hi> or chief boatswain's mate—I had been to sea before, I have always done Serangs work—I have been in sea-going ships—I have been from Calcutta to Jedda, a port in the Red Sea—I have been ten times to the Mauritius and five times to England, twice as a Lascar and three times as a tindal.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-155" type="witnessName">
<interp inst="t18741123-name-155" type="gender" value="male"/>
<interp inst="t18741123-name-155" type="surname" value="ITWAREE"/>
<interp inst="t18741123-name-155" type="given" value="SHEIK"/>SHEIK ITWAREE</persName> </hi> (
<hi rend="italic">interpreted</hi>). I was cook on board the ship—I knew Fugeer Ali, I knew, him on shore—he was well when he came on board, and not at all sick—I saw the captain strike him, he was scraping the paint, and the captain said "Get on, are you going to be in one place all day?" and he took the knife from him and threw it overboard and struck him on the head with a belaying pin three or four times; the skin was broke and the blood fell on his clothes; that was about a month after we left Akyab—after the striking he sent him aft on the poop to do work—I saw the captain strike him with a broom when they were washing the poop, he struck him on the forehead and it bled—I saw these two times, and if you ask me more I will tell you anything else—on a third occasion when they were tacking the ship I will swear that he struck him with a pin and also with his fist and kicked him—he struck him all over, and kicked him behind and struck him with his fist on the nose, and he fell down and then afterwards he got up and went to his work—the last-time I saw him strike him was four months and a half before the ship arrived in England, that was when the ship was being tacked—I did not see him strike him with the belaying pin after that.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. STRAIGHT</hi>. We had very bad weather just before we got to the Cape—my galley was by the foremast—sometimes the men had their meals inside the forecastle and sometimes outside—they had no fixed time for dinner, they got their dinner whenever they were allowed to—for a time they got their food regularly and it was good, after that they did not get proper time to their meals, and the food was bad and stuff was mixed with the rice.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-156" type="witnessName">
<interp inst="t18741123-name-156" type="gender" value="male"/>
<interp inst="t18741123-name-156" type="surname" value="KHAN"/>
<interp inst="t18741123-name-156" type="given" value="HAMED"/>HAMED KHAN</persName> </hi> (
<hi rend="italic">interpreted</hi>). I was a sailor on board the
<hi rend="italic">Emily Augusta</hi>—I joined at Arracan—I knew Fugeer Ali—on the voyage from Akyab to</p>
<xptr type="pageFacsimile" doc="187411230033"/>
<p>England I saw the captain strike him with a wooden belaying pin three or four times on the head, and a deal of blood came out over his face—I only saw him strike him with the belaying pin one day—I saw the blood on his clothes—there were holes in his head and a great deal of blood came "out over his face and clothes—he left his clothes on his body and when they were worn out he threw them away—I did not see any of his clothes afterwards in a box, he had not a box.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-157" type="witnessName">
<interp inst="t18741123-name-157" type="gender" value="male"/>
<interp inst="t18741123-name-157" type="surname" value="COOK"/>
<interp inst="t18741123-name-157" type="given" value="WILLIAM"/>WILLIAM COOK</persName> </hi>. I was second mate on board the
<hi rend="italic">Emily Augusta</hi>, and sailed with her on the voyage from Akyab to London—I joined her in Bahia at the Brazils, and went with her from Bahia to Akyab—besides myself, there were on board nine men, Europeans, and two boys, who are here now—at Akyab we shipped a crew of thirty-two or thirty-three' Lascars, I don't know which—Fugeer Ali was one of. them—I observed him when he came on board; he was in good health—after leaving Akyab, about a month, as near as I can remember, I saw the captain beat him with the rope's end, and with his open hand, and sometimes with a wooden belaying pin—he struck him on the head-with the belaying pin, sometimes on the arm, and sometimes on the
<hi rend="italic">leg</hi>—they were pretty smart blows—the first time the captain struck him I saw blood come out of his head, all over him—he generally struck him morning and evening, but it was continually kept up; I don't remember how often—we pumped the water out of the vessel every day and every watch at night—one day, about a month before we got home, I saw the captain strike Fugeer Ali three heavy blows one after the other on the head with a wooden belaying pin; the blood came out all over his head and shoulders—I did not overhaul his head—I did not see him use the belaying pin on Fugeer Ali again in this way between the first time and the time just before we got to England
<lb/>I can only mention twice that I saw him myself, but I saw him strike him with the rope's" end and his open hand all about his shoulders and head and legs—on one occasion I saw him strike him twice with his open hand on the ears—on coming home one of his ears swelled up a great deal; it was greatly swollen up, and towards the latter end of the
<hi rend="italic">voyage</hi>, a month before we got in here, he was not fit for anything—he was not fit to work, he was getting so weak and so unwell; whether he was diseased or not, I do not know—he was always complaining about being unwell.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>. I never sailed with a Lascar crew before—we had not nasty weather in the bay of Bengal; as near as I can remember, about eight weeks we had hardly any wind—after that, from the Mauritius to the Cape, we had squally, cold weather—she was a large vessel of 1,279 tonnage—she was not a good sailer—we were a little over six months in making the voyage; it is an average voyage of about four months and a half—when I first went on board I did not notice Fugeer Ali particularly, so that I cannot say what his appearance was as regards health—the head of this lot of Lascars was the Serang; his name was Abdul, I believe—it was his duty to keep the men in order under the officers of the vessel—the Lascars are a difficult lot to manage, if you have to go amongst men able to speak no English, and you can't speak the native language—they were a lazy, sleepy lot, and they would sleep. for a week towards the latter end of the voyage, whether blowing or not, but not when they left Akyab—towards the latter end of the voyage they were a dirty lot too; that was after we got in bad weather, two months and a half or a month and a half before we got home; when we wanted</p>
<xptr type="pageFacsimile" doc="187411230034"/>
<p>the most work out of them they were the least inclined to do any—there were great complaints about their filth in their berths—about eight of them used to make their berths filthy, instead of leaving them for natural purposes—there was a great deal of difficulty, in fact it was not possible at times, to make them work—I myself have been obliged to rope's end them; as far as I know I never injured any of them—a decent, orderly crew of eighteen English seamen could have brought this vessel to England—a good many of these Lascars did not understand their work, and a good many of them shipped as able seamen who knew nothing whatever about their duties—two of them were shipped as steersmen, and they could not steer—the captain was a good deal on deck morning and night; it was an anxious kind of voyage to him, with a crew of that kind—I have seen the captain take the wheel myself in bad weather—I can steer, and I have steered the vessel too the first mate, Shurtz, has also steered—I do not know anything of one of the Lascars drawing a knife upon the captain—I saw one of the men who fell overboard draw a wooden belaying pin on the mate one day; the mate was getting the jib out at the time, and he had ordered the man to look after the halyards or one of the ropes; instead of fastening the rope with the belaying pin, which I saw him take from the rail, he hove it off and let go of it—he did no t actually hit the mate, and I believe the mate took the pin away from him—I might have had good reason to complain of Fugeer Ali myself, but I don't remember having done so—I have got him out of his berth for the purpose of doing his work, and directly my back was turned he would be off again—that occurred constantly for about a month before we got to London—I had not to complain of him before that—the captain was a good seaman, and always at his post—we were short of food for about a month and a half, and we were obliged to break into a cargo of rice.</p>
<hi rend="italic">Re-examined.</hi> They were a sluggish, sleepy lot towards the end of the voyage when the food ran short, and they did not do their work properly—the men that were dirty were not allowed to use the closet—the captain ordered the closet to be locked up, and the men had to go over the head—the closet was first locked up about a month after leaving Akyab, and it was kept locked—it was the closet the Lascars had used before, their proper closet—I saw the mate strike the man who drew the wooden belaying pin upon him with his open hand on the ear—that might be a little more than a month and a half after leaving.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURET</hi>. The closet was locked up because there had been a complaint about the men using too much water, and of its coming out of the hole on deck—they always took water with them when they went to to the closet—there was one closet left open, but it belonged to the officers, and not the Lascars—there was no closet to which the Lascars had access except that which was locked up.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-158" type="witnessName">
<interp inst="t18741123-name-158" type="gender" value="male"/>
<interp inst="t18741123-name-158" type="surname" value="MATTISON"/>
<interp inst="t18741123-name-158" type="given" value="WILLIAM"/>WILLIAM MATTISON</persName> </hi>. I am seventeen years of age—I was a boy on board the
<hi rend="italic">Emily Augusta</hi>—I joined at Babia, in the Brazils—I remember the Lascar crew joining the ship at Akyab—I knew Fugeer Ali—I have seen the captain strike him over the head with a belaying pin—I saw him once strike him about five or six times on the head with it, and all the blood was running out of his head—I should say that was about three months after we left Akyab—he was scraping on the poop at the time—I noticed his ears; they were swollen—I did not see what produced that—I noticed</p>
<xptr type="pageFacsimile" doc="187411230035"/>
<p>them about three months and a half or so after we left Akyab; they con
<lb/>tinued swollen till we got in.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. STRAIGHT</hi>. I was not examined at the Police Court with respect to Fugeer Ali, I was examined before the Coroner—I was boy on board—Pyke was a boy too—I worked as a seaman—the weather from Mauritius to the Cape was not so bad, it was wet and squally—I did not live with the Lascars, they all lived forward in the forecastle; that was a house on deck with bunks—they slept in what blankets they had of their own at the first of the voyage—they slept on deck the first part of the voyage, that was in the fine weather, in the wet and squally weather they slept in the forecastle in the bunks.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-159" type="witnessName">
<interp inst="t18741123-name-159" type="gender" value="male"/>
<interp inst="t18741123-name-159" type="surname" value="FREEMAN"/>
<interp inst="t18741123-name-159" type="given" value="JOHN"/>JOHN FREEMAN</persName> </hi>. I am superintendent of the Stranger's Home at Lime-house—on Saturday night, 19th September, the whole of the Lascar crew of the
<hi rend="italic">Emily Augusta</hi> were brought to the Home—amongst them was a man named Fugeer Ali—on Sunday, the 20th, Police Sergeant Hansom came there—Mr. Salter was there—the sergeant put some questions to Fugeer Ali which Mr. Salter interpreted; the sergeant wrote the paper and I signed it—this is it—Fugeer Ali appeared to be dying at the time—this correctly states the answers which were interpreted—after he had made the statement, the prisoner and the mate were brought into the dormitory to him, and the statement was read to them by the sergeant—the prisoner objected to the power of the sergeant, and refused, as he said, to be charged by him, and when asked questions he objected, saying those were leading questions, and he would not answer them—the paper was read to him, and also to the mate, and they were told that they must regard themselves as prisoners, and the captain made some insulting observation to the police
<lb/>officer—the questions asked were in connection with the statement in the paper—"Did you beat the man, as he states, you did?"—"Did you strike the man, as he states, you did?"—the captain denied it in general terms, and denied the right of the police to put such questions to him.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>. I am Superintendent of the Asiatic Home—all these Lascars were brought there on 19th Sep
<lb/>tember, they have been residing together there.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-160" type="witnessName">
<interp inst="t18741123-name-160" type="gender" value="male"/>
<interp inst="t18741123-name-160" type="surname" value="SALTER"/>
<interp inst="t18741123-name-160" type="given" value="JOSEPH"/>JOSEPH SALTER</persName> </hi>. I am Missionary to the Asiatics of London—on Sunday, 20th September, I was at the Home, I saw Fugeer Ali there, he was in bed, he was very ill indeed, he appeared to be almost in a dying state, he spoke very feebly—Sergeant Hansom came there, and in consequence of what he said I put to Fugeer Ali all the officer's questions, he gave distinct answers to each; the questions were put twice over and answers given, the same in each case—the officer wrote each answer down, or appeared to do so, and Fugeer Ali put his mark after it was read over to him—we went through it with him, we went over the questions and answers—the questions were not written down, but the answers were—afterwards the prisoner and the mate were brought in—the sergeant then asked the same questions again; he looked at his paper and asked the same questions again through me, and I put the same questions over again to Fugeer Ali and elicited the same answers—after we had been through those questions they shifted the captain and the mate into each other's places to test the mind of the sick man, and asked some of the questions over again, such as "Which is the mate," "Which is the captain," "Who struck you," and so on, and he indicated one or the other just the same—he answered correctly the same as he had done at first.</p>
<xptr type="pageFacsimile" doc="187411230036"/>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>. I am not in any business or profession except what I have mentioned; I am a missionary—the officer took the deceased's statement through me in the absence of the prisoner and the mate—the officer put certain questions and I translated them and then translated back the answers—I did not see what was put down at the time—I took down nothing—the officer appeared to take down the answers, I saw him writing—I saw the paper some time afterwards, not at the time—the questions were repeated before the captain and mate came in, the same questions were put and translated by me in the same way and the answers given in the same way; that was repeated before the captain came in—the policeman did not go on writing on the second occasion, he merely looked at what he had written—I don't know what became of it; I never had it—Fugeer Ali signed it on the first occasion—I did not sign it—the deceased was in bed at the time—plenty of their own faith see the men, some hundreds I was going to say—several Mahometans came from the various ships to see the deceased and did see him—no Moollab came, I don't know one in. England—no religious person of his own persuasion came to see him, it is a very unusual thing for them to do that among Mahometans, I don't know of such a case.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-161" type="witnessName">
<interp inst="t18741123-name-161" type="gender" value="male"/>
<interp inst="t18741123-name-161" type="surname" value="HANSOM"/>
<interp inst="t18741123-name-161" type="given" value="ALFRED"/>ALFRED HANSOM</persName> </hi> (
<hi rend="italic">Police Sergeant K</hi> 65). On Sunday, 20th September, I. went to the Strangers' home about 12.30 in the day—I saw Fugeer Ali in bed—Mr. Salter was with me—I put certain questions which Mr. Salter interpreted; there appeared to be answers made, Mr. Salter interpreted them—as this was done I wrote down the answers, the substance of what was said, in the form of a narrative—this is the paper I wrote at the time—Fugeer Ali put his mark to it and Mr. Freeman witnessed it—after that was done the two prisoners, the captain and the mate, were brought in—they were not at the Home at the time I took the statement, I believe they were on board ship—they were brought in afterwards by two constables—the statement was then read over in their presence and Mr. Salter inter
<lb/>preted it to the dying man, and he was asked if it was true, and he said it was, in front of the captain and the mate—the captain said "It is a lie, they are a confounded lazy lot"—that was all the reply the captain made to that; the mate did not make any answer to it—they were then both taken in custody—I did not take down the questions and answers, I embodied the substance of it—I remember the questions I put—I asked the man if he thought he was dying—he spoke articulately in the first instance, but I think when the statement was read over he only nodded, because he was very weak, he seemed to be very low and he got lower; as the statement went on he seemed to be much lower.</p>
<hi rend="smallCaps">MR. JUSTICE KEATING</hi>
<hi rend="italic">considered that the statement was scarcely receivable as a dying declaration, but was admissible on the ground of its being read over in the prisoner's presence and assented to as being correct by the deceased. It was then read as follows</hi>: "Statement of Fugeer Ali, a Lascar I joined the ship
<hi rend="italic">Emily Augusta</hi> at Akyab, Burmah. On the voyage, about a month and a half after we left Akyab, the first mate beat me on the head with a capstan bar, about two months ago; this occurred daily; he also struck me in the belly with the belaying pin. The mate struck me on the arm with the belaying pin; this was continued all the way to London. The captain struck me on the left ear with an iron belaying pin, and when I fell down he kicked me in the loins; this occurred daily. I believe I am dying. I was a strong hearty man when I began the voyage. I have been at sea two years. I was never impudent or mutinous."</p>
<xptr type="pageFacsimile" doc="187411230037"/>
<hi rend="smallCaps">
<persName id="t18741123-name-162" type="witnessName">
<interp inst="t18741123-name-162" type="gender" value="male"/>
<interp inst="t18741123-name-162" type="surname" value="SHURTZ"/>
<interp inst="t18741123-name-162" type="given" value="ROBERT"/>ROBERT SHURTZ</persName> </hi>. I was chief mate of the
<hi rend="italic">Emily Augusta</hi>—I joined at Calcutta—we sailed from Akyab on the 4th March, and for a month or six Weeks things went on well on board—I knew Fugeer Ali—I have seen the captain knock him about with a rope's end and a belaying pin—I can recollect two occasions when he was hit on the head—the belaying pin caused the blood to flow; the last time I saw the captain strike him on the head with the belaying pin was about two months before we got to England—he also struck him with a rope on the back, arms, and legs—we ran short of food and had to use the cargo and the rice which we fetched from Callao, and the men were all very weak at the end of the voyage—when the cold weather set in the men were given warm clothes—I remember Sheik Abdoolah's death and I told the captain I did not like the way the man died—I did not like the usage that he had at the time—I never spoke of the men in general—I just spoke of them when Abdoolah died—that did not refer to Fugeer Ali.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>. I have been in the merchant service since I was fourteen, I am now thirty—I have sailed with a good many captains—Captain Walters understood his business so far as I could tell, but he did not carry on so as to show that he did—the Lascard were an idle, lazy, dirty set of people—nobody has said that the question whether proceedings would be continued against me would depend upon how I gave my evidence—I do not know whether I shall be prosecuted, and I don't care—I do not suppose it depends in the least upon the mode in which I give my evidence—I did not beat the deceased about the head with a capstan bar, I never handled a capstan bar, and if any man on board the ship say that I lifted one it is a lie—I was not in the habit of doing so daily—I did not strike the deceased on the belly with a belaying pin or on the arm—I never used to strike anybody on board the ship; I never handled one from the time I joined it till I was in London, it is altogether a falsehood—I did not hear the deceased state that I had done so, but I heard the statement read out and he assented to it in my presence, it is entirely a falsehood—I never slapped the deceased's face
<hi rend="italic">to my</hi> knowledge, nor did he take up a belaying pin to me, but another man did—I used that other man the same as the rest when they would not do their work; I used to give him the rope's end—I was charged and in the dock for four or five meetings at the Police Court, and afterwards I was taken out and became a witness—I had heard the statement read to the deceased three weeks before that.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-163" type="witnessName">
<interp inst="t18741123-name-163" type="gender" value="male"/>
<interp inst="t18741123-name-163" type="surname" value="CORNER"/>
<interp inst="t18741123-name-163" type="given" value="FRANCIS"/>FRANCIS CORNER</persName> </hi>. I am a surgeon practicing in the East India Road—on 19th September I was called to the Stranger's Asiatic Home, and saw the deceased Fugeer Ali—I also saw him next day, Sunday—his general condition was very emaciated and very weak—he had a depression of the bridge of the nose as if the nose was broken, and a scar extending from the top of the head backwards about four inches, the scalp, at the upper end being considerably raised, with a scab on it, and surrounded by dense thickening over an area of an inch in all directions—the wound on the bead was not wholly healed, a scab covered a certain part at the top of the raised portion—the unhealed part was covered by a scab; it was still a wound covered over with a scab; both ears were thickened, and in the left was an abscess which had discharged a little, both matter and blood, but it never emptied itself till two or three days after—it was an ordinary abscess, not very bad; it was about the size of a walnut—the right ear had a scar as well as thickening—I could see no scar on the left ear, but there was an abscess in it—</p>
<xptr type="pageFacsimile" doc="187411230038"/>
<p>there were three other scars on the head, one about an inch long, and two others about half that length, quite healed—he had an abrasion on the left leg, and sores on both legs, and both fore arms—they were also healed, except the abrasion I mentioned before—he indicated pain in his belly, which was swollen and distended by fluid—his gums indicated that he was suffering from scurvy, but not badly—that was the only indication of scurvy I saw about him—the wounds and marks on the head and nose could not have been produced by any cause which I could account for except violence—I attribute the condition of the ear to concussion from a blow; a blow from this belaying pin would be sufficient to explain it, and the blows on the head too, except the smaller one—I know no case of abscess arising from poorness of blood and short diet—the smaller wounds were quite healed, and had probably been healed a couple of months—they must have been the result of blows—supposing the abscess to have been produced by a blow, I cannot form any judgment as to how long before the blow was given—it had discharged, from time to time, before I saw it, so that it had emptied itself and re-filled, but repeated blows would keep it alive—the large wound on the head had none of the character of an old scar, but I feel it impossible to put a date to it—he was in great danger the first two days I saw him from extreme exhaustion—I attended him day by day from his admission, and did everything I could for him, but he died on 5th October—I made a
<hi rend="italic">post-mortem</hi> examination on 6th October, but discovered no other marks of violence than those I saw during life—he bad dropsy of the bladder, resulting from chronic disease of the liver—he had also evidence of old peritonitis and enlargement of spleen, which attends that same disease of the liver—under the scab on the scalp I found a channel or
<hi rend="italic">sinus</hi> leading down to the covering of the bone, and around the opening the thickened fibrous remains of an injury—the contusion around accounted for the thickening which was noticed prior to the death—there was not much cutting about the face—when the scalp was cut into a copious discharge of serum escaped, that was the result of the attack of erysipelas on 30th September, which arose from the abscess and the wound in the left ear—the immediate cause of death was erysipelas—the brain and its membranes were perfectly healthy—the spleen was very much enlarged, some blood was effused into its structure, and its surface adhered to the walls of the abdomen from peritonitis, which is a common consequence of disease of the liver—the right lung was closely adhering to the lining of the chest; the lungs were in a similar condition to the scalp, and there was some bronchitis—there was no contagious disease, but there was a discharge of matter from the scalp which might produce disease in another person—assuming that the abscess was caused by the wound on the head which was caused by a blow, and the erysipelas supervened, I am of opinion that the death was caused by the blow received—that would be the more likely looking at the state of health in which I believed him to be—the discharge from the abscess would be weakening to a very slight degree—wounds on the head bleed profusely, and would therefore further weaken a patient.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>. My opinion is, that the abscess in the ear was the proximate cause of death; that is, that it brought on erysipelas, which produced death; that is my calm medical opinion—I know no natural cause calculated to produce an abscess in that part of the ear—the construction of the ear is exceedingly delicate, but the abscess was in the part external to the head, not in the part run
<xptr type="pageFacsimile" doc="187411230039"/>
<p>in towards the brain—there must have been some irritant cause to have produced it—I think it quite probable that a sting from some poisonous insect might do it, but I never saw it—any violent irritant, whether a blow or otherwise, might bring on an abscess in that part—the structure of the liver was wholly altered; it was what in this country is called a gin-drinker's liver, but in Scotland whiskey gets the credit of it—it would not be produced by opium; it must be some alcoholic drink—a man could not work on long with such a liver as that, and there was adhesion of one side of the lungs—the peritonitis indicated that there had been inflammation of the peritoneum, the outer coating of the bowels; that must have been over two months before, and it may have been a year before; the symptoms were too vague to enable me to speak—there was no peritonitis then; it was simply the effects—the lungs did not indicate long-continued disease—the state of the stomach did not arise from external injury, but was a consequence of the state of the liver; it must have terminated in death, there is no cure—the disease of the liver may have begun years before, a slight attack gradually subsiding, and fresh mischief supervening—I cannot imagine that he was in a healthy condition when he shipped six months before, but he might appear so—there were no
<hi rend="italic">live</hi> vermin on his head, but their eggs existed on his hair, showing that they had been there—his head had not been cleaned.</p>
<hi rend="italic">Re-examined.</hi> He was taken directly to bed—I think he might have done his duty on board to all appearance as a healthy man five or six months before, but if he met with violence after he came on board that would render him more liable.</p>
<rs id="t18741123-31-verdict-1" type="verdictDescription">
<interp inst="t18741123-31-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741123-31-verdict-1" type="verdictSubcategory" value="manslaughter"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of Manslaughter.</hi> </rs>
<hi rend="italic">(Set next case</hi>).</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>
<hi rend="italic">Thursday, November</hi> 26
<hi rend="italic">th</hi>, 1874</p>
<hi rend="italic">Before Mr. Justice Keating.</hi> </p>
<div1 type="trialAccount" id="t18741123-32">
<interp inst="t18741123-32" type="uri" value="sessionsPapers/18741123"/>
<interp inst="t18741123-32" type="date" value="18741123"/>
<join result="criminalCharge" id="t18741123-32-charge-1" targOrder="Y" targets="def1-32-18741123 t18741123-32-offence-1 t18741123-32-verdict-1"/>
<join result="criminalCharge" id="t18741123-32-charge-1" targOrder="Y" targets="def1-32-18741123 t18741123-32-offence-2 t18741123-32-verdict-"/>
<persName id="def1-32-18741123" type="defendantName">
<interp inst="def1-32-18741123" type="gender" value="male"/>
<interp inst="def1-32-18741123" type="age" value="32"/>
<interp inst="def1-32-18741123" type="surname" value="WALTERS"/>
<interp inst="def1-32-18741123" type="given" value="HORATIO"/>
<interp inst="def1-32-18741123" type="occupation" value="ship's captain"/>
<hi rend="largeCaps">HORATIO WALTERS</hi> </persName> was
<hi rend="italic">again</hi> indicted
<rs id="t18741123-32-offence-1" type="offenceDescription">
<interp inst="t18741123-32-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18741123-32-offence-1" type="offenceSubcategory" value="murder"/> for the wilful murder of
<persName id="t18741123-name-165" type="victimName">
<interp inst="t18741123-name-165" type="gender" value="male"/>
<interp inst="t18741123-name-165" type="surname" value="ABDOOLAH"/>
<interp inst="t18741123-name-165" type="given" value="SHEIK"/>
<interp inst="t18741123-name-165" type="occupation" value="able-seaman"/>
<join result="offenceVictim" targOrder="Y" targets="t18741123-32-offence-1 t18741123-name-165"/>Sheik Abdoolah</persName> on
<placeName id="t18741123-geo-2">
<join result="offencePlace" targOrder="Y" targets="t18741123-32-offence-1 t18741123-geo-2"/>the high seas</placeName>.</rs> </p>
<hi rend="smallCaps">MESSRS. POLAND</hi>
<hi rend="italic">and</hi> Beasley
<hi rend="italic">conducted the Prosecution; and</hi> Mr.</p>
<hi rend="smallCaps">SERJEANT BALLANTINE</hi> with Me. Straight
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741123-name-166" type="witnessName">
<interp inst="t18741123-name-166" type="gender" value="male"/>
<interp inst="t18741123-name-166" type="surname" value="SHURTZ"/>
<interp inst="t18741123-name-166" type="given" value="ROBERT"/>ROBERT SHURTZ</persName> </hi>. I hold a chief mate's certificate—I joined the
<hi rend="italic">Emily Augusta</hi> at Akyab on 4th March—she was a British vessel sailing under the English flag and belonged to the port of Liverpool—the prisoner was the captain, Cook was the second mate, and there were two boys named Pyke and Mattison—those were the only Europeans, except the carpenter, who shipped at Calcutta and who was taken sick and did not come home in the vessel—there was a crew of about thirty-three Lascars who were engaged at Calcutta and taken across in a steamer to Akyab, a port in the Bay of Ben
<lb/>gal—eighteen Englishmen would have been a sufficient crew for the vessel, but being Lascars we had thirty-three—she was 1,279 tons burden—we sailed from Akyab on 10th March—the crew appeared in good health at starting—Sheik Abdoolah was an able seaman, and in my opinion he was about the best on board the ship as regards seamanship—I did not see anything the matter with him when he first joined—I saw him every day—every man who was shipped to steer the vessel was incapable of doing so; those men are called
<hi rend="italic">secunnies</hi>, which is equivalent to quarter-master in England—as not one of them was able to do the duty required, Sheik Abdoolah was put to the wheel—Abdul the
<hi rend="italic">Serang</hi>, asked if there was a</p>
<xptr type="pageFacsimile" doc="187411230040"/>
<p>man on board who could steer—the
<hi rend="italic">Serang</hi> is about the same as boatswain in a white crew; he spoke very little English—he recommended Abdoolah to be put to the wheel to steer about fourteen days or three weeks after leaving Akyab—Sheik Abdoolah could steer a little, but not very well, he did not know the English letters on the compass—when he had been at the wheel a few days he was ill and refused to go there when he was told by the chief mate—he said that he did not sign to do that duty, he was no
<hi rend="italic">secunnie</hi>, and declined going there, and the captain called him up on the poop and made him go there; he hit him a slap with his hand and sent him aft in a hurry and he then went to the wheel and stopped there—the
<hi rend="italic">secunnies</hi> for steering get more pay than the seamen—Sheik Abdoolah died in the beginning of June; I can't remember the date—I have seen the captain hit him over the head, arms, and legs with anything that be to hand, sometimes a rope's end and sometimes a piece of leather which used to be there, which came off a sail; it was about a fathom long, and I have seen him use a belaying pin several times—this (
<hi rend="italic">produced</hi>) is one of them—I have seen him strike him with it on the head and arm and on two occasions I have seen him strike him on the head with a belaying pin and the blood used to flow from the wound—that was three weeks or more before he died—he also struck him with the belaying pin on the left arm while he was at the wheel—it had no effect on his arm at the time, but the same arm was swollen at the time of his death from the wrist up to the shoulder—the captain frequently struck him with the leather about the shoulders and back—after the leather came off the sail it used to be used almost every day on the deceased while at the wheel—it was about a fathom long and four or five inches wide, it would be hard when it was dry and soft when it was damp—I saw nothing done to him before he was put to the wheel, nor was anything the matter with him, but shortly after he was put to the wheel his ears began to swell—he was at the wheel the day before his death, he was not able to steer very well, but he had to manage, and after he left the wheel he went and turned in—he was very weak at that time and he seemed to be delirious to me, he was in his bunk talking—the captain asked me where he was and I told him, and he told me I should get him out and send him to the wheel—he had been his time, four hours, so he was wanted to go to the wheel again—I said nothing to the captain then about his state, but I went to the deceased and found he was delirious, and I went and told the captain that the man was not right, he seemed to be delirious, but he said nothing—the second mate and me went in and the second mate told the man to come out, but he did not come; he was lying in his bunk in a weak state and would not come, the captain said that he would soon come and get him out, and he came inside and got the man out, and got hold of him and threw him out the door—he picked the man up and
<hi rend="italic">chucked</hi> him out and he fell outside the door—the captain then got a belaying pin and gave him two or three blows about the back and then the man got up and walked aft to the wheel—I did not go after him and I don't know how he got on—he had to stop there till his watch was up, four hours; he had been four hours off, and he went on in the regular turn of duty—on the day of his death he was in the forecastle, the captain asked me where he was and told me to get him out—I went and found him lying in his berth, he seemed to be very-weak; he would not come out and the captain went and hauled him out, and told me to send him to work—he had been making a mat some time previously, and he told me to set him to work to finish</p>
<xptr type="pageFacsimile" doc="187411230041"/>
<p>it—that was about 11 o'clock in the forenoon, or half-past—he had not been at the wheel, I am certain, since 8 o'clock that morning—I sent him to make the mat, and left him there—he could not use his left arm, and said that he could not work at the mat—when the captain told him to make the mat, he said that he could not use one arm, and I left him there, sitting by the side of the mat; whether he
<hi rend="italic">done</hi> anything I don't know, I walked away—I next saw him after I came out from dinner, about 1 o'clock, tied up to the windlass bit—the windlass is horizontal, and there is a hitch on each side, and round that the rope was tied and round the man's body and under his arms, and one of the crew was throwing water on him—he seemed to be insensible, and the captain told me to cast him adrift, which I did, and he slid down on the deck as I was slacking away the rope, and appeared senseless—he was alive—I left him on the deck, and as I left the captain said he thought the man had had opium—I said it would be well to leave. him alone for a couple of hours, and if he had any he would be all right after he had had a good sleep—I went about my work, and about an hour after, as I was working at the fore rigging, a man said that he was dead—he was lying at the end of a spar—I went and looked at him, and found he was dead, and stretched him along the spar—that was between 2 and 3 o'clock in the afternoon—the captain was told the man was dead, and he told the second mate and me to carry him aft into the cabin—we did so, and stripped him, and rubbed his arms and legs to see if there was any life in him; but there was not, and we were told to take him on deck again—we did so, and the captain told some of the crew to comer and look at him—several of them did so, and he was then sewn up in canvas, and buried—when I rubbed him I noticed his left arm was swollen from the wrist to the shoulder, and the skin was up like a bladder; there was water underneath the blisters on his arm—his ears were rotten; they had been swollen for some time, and had burst open, and out of the wounds was discharging matter and blood—the crown of his head was completely rotten; it was a mass of matter; you could see a few ragged edges of skin—he had a wound under one of his eyes, which he had had for some time, and which had never healed from the time he first got it till he died, and at the time of his death it was discharging a little matter—I did not notice anything else
<lb/>next day I said to the captain "I don't half like the way that man died"—he made no answer—I kept the log, and made an entry in it of the death of this man—this is it (
<hi rend="italic">produced</hi>)—he died on Friday, June 5th, 1874—I made that entry on the day he died, and the captain saw it—this is it: "4 p.m., Abdoolah, a Lascar, died suddenly, his ears being festered for six weeks, and several other places about his head; mortifica
<lb/>tion set in"—that was my opinion at the time—ten days before we got to Cork, the captain said that he would make an extract of the log he was keeping, and state the way that he and some more of the men died, and have them all sign it, in case there was any difficulty after he arrived in England, and that being a black crew he thought it was necessary to have it done—this paper (
<hi rend="italic">produced</hi>) was written and read out to the men—I was in the cabin at the time—the men were not all there, there were only two men and the captain and me, one used to interpret what the captain said to the other men—I mean that they came in one at a time and Khalee Khan was interpreter—the captain read what was on the paper and Khalee Khan put his name to it and if he could</p>
<xptr type="pageFacsimile" doc="187411230042"/>
<p>not write the other man put his name to it, or he made his mark—I have seen four of them sign it to my recollection, it is in the prisoner's writing; besides signing that I signed the official Jog about six weeks before we got home—I signed all that was to be signed; that was some time after 5th June. (
<hi rend="italic">Read</hi>: Extract of official log of ship
<hi rend="italic">Emily Augusta</hi>, lat. 29-30 south, long. 40° 40' east. "At this time Sheik Abdoolah, Lascar, died from a disease bearing a close resemblance to that described by medical authority as erysipelas. He had never complained of sickness, and was at the wheel at 4 a.m. of the day of his death, and as usual eat his meals heartily. I had remarked his ears being sore looking and much swelled on his first arrival on board and had sent to the butler, who understands English well, to ask what was the matter with them; some time afterwards they seemed to get worse, and he said he did not know they were sore and it had come of itself. I cut one of them with a lance once, but nothing but black blood come out of it and in a few days it closed up as before. Though he never complained of sickness, I had compelled him to take opening medicine daily for about a week previous to this date, as any little sore he got never seemed to heal, but it was not until examining his body after death that we found the whole of the crown of his head was affected in a similar manner to his ears, the whole surface being apparently quite rotten and was spreading over his limbs and other parts of his body likewise. He was an inveterate opium eater and was caught several times under its influence, we supposed asleep on his feet, and at work asleep at the wheel once. The skin harassed from his face under the eye by the spoke of the wheel knocking against it two months before his death, and that small mark never healed up. He was an inveterate opium eater, and from the evidence of his shipmates his stock was just lately exhausted, which, while its use deadened his feelings of pain, must have fearfully aggravated his disease. He appeared to be under the influence of opium at bis death, for from noon, when called out of bed, he appeared just like a drunken man, sleepy and stupid, and lay down on a spar by the fore rigging, falling into a deep sleep, from which he never awoke, dying without a word, sign, or struggle, though nearly all the ship's company were working near him, setting up rigging at the time.—H. Walters, master; R. Shurtz, first mate; William Cooke, second ditto. The above has been entered in the official log book, and signed as customary, but being surrounded by a crew of Lascars, all of one nation and language, and manners different to my own, and holding the prejudices naturally arising from such, I had deemed it advisable and prudent that a kind of inquest should be held, examining the crew as to their knowledge of his sickness and the cause of his death, that each one may subscribe to his own evidence at once in the presence of one of their own class, who speaks English well, and acts as interpreter, and my officers who act as witnesses. The following men were questioned, and replied as follows': Abdool Rahoman—'I first met Sheik Abdoolah on board a steamboat coming from Calcutta to Akyab. I noticed his ears bad; one swelled up much when he first came on board the ship
<hi rend="italic">Emily Augusta.</hi> He never told me he was sick. I saw him eat his meals every day, and always about the same quantity, until he died. I saw him after his death; his head was all rotten, and ears had little maggots in them. His head was always covered up before he died, and I did not notice it so before.' Ameboodee (
<hi rend="italic">Lascar</hi>)—' I first saw Sheik Abdoolah on the passage at Akyab, and noticed his ear swelled up on board the steamboat. I asked him on board the boat what was the matter with his ears; he said</p>
<xptr type="pageFacsimile" doc="187411230043"/>
<p>I don't know, I have pain in them, I can't tell what is the matter." On board he afterwards told me he was in Calcutta for two months before he came here, and had been treated with medicine by the doctor without any good effect, and he did not think he would ever get better. I saw him after death, and noticed the crown of his head and ears were all rotten. I did not notice the top of his head before, he always had it covered. I have heard the account of his death read over, and I think it right—Ameroody.
<hi rend="smallCaps">AMEER KHAN</hi> (
<hi rend="italic">Lascar</hi>)—' I have heard the account of Abdoolah's death in the log book read over, and consider it quite correct I first saw Abdoolah on the steamboat coming to Akyab. I noticed one of his ears swelled up then, but did not speak to him. I spoke to him once about his ears on board the ship, but he gave no answer. I saw a mark on his face, which he said he got by nodding asleep at the wheel; the wheel turned round and struck him in the face. It was about six weeks before he died; it never got any better. I saw it when he was dead. I noticed his head; the crown of it was all rotten. I saw his ears before, but did not know his head was that way before his death; his head when he was alive was always covered up when I saw him. '
<hi rend="smallCaps">ABDUL TINDAL</hi>:—'I first saw Sheik Abdoolah in the steamboat coming to Akyab. I noticed on board the steamboat his ear sore and swelled; on board the ship it got worse, and then the other one swelled up also. I asked him what was the matter with him, and he always said he did not know, it came of itself. I saw him when he was dead and his head on the top was rotten all over. I did not know it before; he never complained to me, and always had his head covered up when I saw him. I saw him when called out of bed after dinner (one o'clock); he was like a drunken man, first lay down on deck and would not get up, afterwards saw him get up and go to the spar and lie down and thought he had fallen asleep. I was working near him at the riggingall the time until we found him dead.—
<hi rend="smallCaps">TINDAL' KHALLEE KHAN</hi> (
<hi rend="italic">Lascar</hi>).—'I did not know Sheik Abdoolah before I saw him in the steam-boat. I noticed one of his ears was swelled and sore, but did not speak to him until he came on board the ship; he then said he had been with sickness some time ashore and had used a lot of medicine, but could not get better, he had some black stuff he brought with him which he used to apply to his ears until it was used up and they got worse. I saw him eat his meals every day; he had breakfast the day he died. He gradually got his ears larger, and marks about his skin never healed up. I saw him when he was called at 1 o'clock, he had been below from 8 o'clock; when he came on deck he was like a drunken man staggering, and then lay down on deck and would not get up when spoken to. I saw him afterwards get up and go to the spar and lie down himself. I thought he had gone to sleep. Afterwards I found he did not move, and found him dead after an hour had passed. I saw his body after death; his head on the top was all rotten and maggots in his ear. I did not know his head was that way before, he always had his head covered up when I saw him. I lived in the same side of the forecastle as he did. I have heard all the evidence of the former witnesses, and have faithfully interpreted their answers in English. '
<hi rend="smallCaps">DERRAN ALLER</hi>.' I first met Sheik Abdoolah on board the steamboat which was going to this ship at Akyab. I first noticed his ears swelled and sore on board the steamboat, and after he got here his both ears got worse all the time. I asked what was the matter with them; he said he did not know, he had been that way with sore ears a good while. I saw</p>
<xptr type="pageFacsimile" doc="187411230044"/>
<p>him the day he died. When he was called after dinner, he came out of bed on deck; he was like a drunken man staggering about, and took no notice of what was said to him. He lay down on deck, and would not get up. We were setting up rigging, and he was in the way; after he got up himself, and lay down on a spar, and I thought he went to sleep. He was a great opium-eater, and took mine, and was buying all he could get from everyone. I saw him when he was dead, and saw the crown of his head was all rotten, and his leg and arm was getting bad. I never saw his head like that before, for it was always covered up with a cloth, and I did not hear him complain of it. I have heard the account of his death in the log-book read, and believe it to be quite true.
<hi rend="smallCaps">DEBRAN ALIER</hi> (
<hi rend="italic">No.</hi> 2)—' I knew Sheik Abdoolah; I first saw him signing articles. I noticed his ear swelled and sore on board the steamboat. I asked him there what was the matter with them, and he said he did not know; he had had much pain in them for some time, about a fortnight, he said. After he got aboard this ship 1 noticed his two ears both get larger and worse every day. I saw the captain take him from the wheel below in the cabin once to cut his ear; he came back again to the wheel with something on his ear, or a white cloth, which the captain had given to him. When his opium was finished he complained of being sick, and after that he got more from the other men in the forecastle, and then he was satisfied. I was in the mizen rigging at work when the captain dressed his ear. I saw him when he was dead, but was in the rigging before that, when he was called out of the forecastle. I saw his head and ears was all rotten. I did not see his head like that before, as he always had it covered up with a cloth, and he never told me about it. I have heard the account of his death in the official log read and explained to me, and it is correct'
<hi rend="smallCaps">MAHOMED</hi> (
<hi rend="italic">Lascar</hi>)—'I first saw Sheik Abdoolah when signing articles. I noticed his ear sore and swelled when we first joined the ship. I asked him what was the matter with them, and he said he did not know, he had pain in them, and had them that way ashore for a good while a number of days, and they did not get better, but worse. I saw them getting worse every day I saw him "when he was dead; the crown of his head was all rotten, and his ears the same. I did not know of it before; he always had his head covered with a cloth when I saw him on deck or below. 'I have heard the account of his death written in this paper, and I believe it is quite correct.'
<hi rend="smallCaps">CUDIR</hi> (
<hi rend="italic">Lascar</hi>)—'I knew Sheik Abdoolah about a month ashore before he joined his ship. I noticed his ears sure and swelled for about three weeks before he joined this ship, and asked what was the matter with them; he said he did not know, he had been to a doctor and bought medicine, but the pain in them was only getting worse. I know he eat a deal of opium, and his ears got worse every day on board. I saw his head about three weeks before he died, and it was swelled, like a soft lump on the crown, and afterwards broke, and rotten when he died. When signing articles, he said to me I am going to sea, but I do not think I will live. I have heard the account of his death read over and explained to me, and I believe it to be true.' 'We, the undersigned, have been present at the several depositions, and heard all the questions and answers in English and Hindostanee, witnessed the sig
<lb/>natures of all the deponents, and the above is a faithful transcription of all the proceedings.—H. Walters, master; R. Shurtz, mate; William Cooke, second ditto;—Tindal (
<hi rend="italic">Lascar).'</hi> "
<hi rend="italic">Witness continued</hi>—This is the captain's official log; this entry of 5th June is in his writing. I did not read it over</p>
<xptr type="pageFacsimile" doc="187411230045"/>
<p>before I signed it; the captain read it to me (
<hi rend="italic">This contained the extract from the official log, before read</hi>). I never saw the deceased taking opium, but I was told that he did so. I was taken in custody about this matter taken before the Magistrate, from time to time, and was afterwards called as a witness.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>. The deceased always wore a turban or a cloth round his head—I never saw him without it for any length of time—I never noticed his head bare—I did not notice that his ears were bad till about fourteen days after he was sent to the wheel—he was sent to the wheel about three weeks after we left—the upper part of both ears. swelled first, not the lobes—he said that they were hurting, him—he was not a confirmed opium eater to my knowledge, but I was told that he used it—I heard some one say that the crew had opium—I cannot tell whether the deceased was under the influence of opium on the day of his death, but I thought he might have had some—the men were called in and requested to make a statement—the captain said something to the interpreter, who said it to the men—I cannot tell now after so many months what the captain desired him to say to them—he did not tell the interpreter to ask each man as he came forward to give his account of the death of Abdoolah, they were asked whether they had known Abdoolah before and whether they had seen him before—I can remember that, and that they were asked further whether they had seen his ears sore while on board the steamboat—those are the only questions I recollect—the answers were put down—I not see the deceased get a blow on the eye from the wheel, but it was spoken of in the ship—it inflicted an injury which did not heal—that was supposed, to be the cut and I saw the marks under his eye—it was not festered, but there was a discharge from it; I never went near enough to examine it with any minuteness—he was filthily dirty in his person, there were constant complaints about his dirt, because his ears were discharging and running all over his garments and ha always used to be in a mess—I do not know whether he had had opium or not, but I have seen him asleep at the wheel—there used to be three at a time taking the wheel—the boy Pyke could steer and so could Cassbar one of the
<hi rend="italic">secunnies</hi>—we had taken steersmen on board and it turned out that one was an old man who could not do anything, and the other knew nothing about it—Abdoolah did not know much about it, but he could just manage, and after he had been there a couple of weeks he got better—I joined at Akyab, but I heard that the ship had come from Bahia—I only know what I have heard, that they were discharging cargo at Akyab—I had never sailed with Lascars before—there was a
<hi rend="italic">Serang</hi> on board to govern them—I complained at the latter part of the
<hi rend="italic">Scrang</hi> having no con
<lb/>trol over them, but the first week or two we
<hi rend="italic">done</hi> very well, while it was fine weather; after that we got on very badly—Tindal, one of the Lascars, assaulted the
<hi rend="italic">Sevang</hi>—we got wet and squally weather after leaving the Mauritius and then the men began to feel the influence of the climate and the cold—I had a great deal of trouble sometimes to get them along, I could always get them along somehow, sometimes by words, and sometimes I used to take a reef point and help them along—that is what you call a rope's end—I found that that assisted their movements, I could always get them along then—I found that I could not get them along without; it was an absolute necessity, I could not do without it, or else I would not have used it—I did not use a capstan bar and strike a man on the head with it, or a belaying pin—I have been accused of doing so by one of the Lascars, it is entirely a</p>
<xptr type="pageFacsimile" doc="187411230046"/>
<p>falsehood; I never raised a belaying pin or a capstan bar to anyone on board the ship or struck a man on the belly—I know one of the Lascars said so, and I have made it a point to question the other witnesses whether they ever saw me do it and they deny it—I do not know whether the captain's arm was broken when Sheik Abdoolah died, but it was bandaged up and he said it was bad—I cannot recollect whether it was the right arm or in what way it was injured—I went down to the prisoner's wife with the second mate and remember his saying something but I cannot recollect what it was—I was charged originally, and was in the dock with the captain four or five times at the Police Court.</p>
<hi rend="italic">Re-examined.</hi> It was Fugeer Ali who used a capstan bar, the man who died over here—his dying statement was read over to me at his bedside—the captain sat in the cabin, writing down the men's statements at the time I speak of.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURET</hi>. The deceased used to holloa when he was struck, and on one occasion he was going to get into the water; he was going over
<lb/>board—that was after he had been some time at the wheel—when he was struck he said he would jump overboard, he would not stop—the blood ran down when he was struck on his head; he always had a turban, but the blood came from under it.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE JURY</hi>. There are no other persons here who saw the blood; there was only him and me on the poop at the time, and the captain, but other persons may have seen the blood for what I know.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-167" type="witnessName">
<interp inst="t18741123-name-167" type="gender" value="male"/>
<interp inst="t18741123-name-167" type="surname" value="COOK"/>
<interp inst="t18741123-name-167" type="given" value="WILLIAM"/>WILLIAM COOK</persName> </hi>. I was second mate of the
<hi rend="italic">Emily Augusta</hi>, I joined at Bahia—the prisoner was the captain—we had what is termed a scratch crew, and at Akyab we got a fresh crew of Lascars, and there the chief mate joined—Sheik Abdoolah was an officer among the men, a
<hi rend="italic">secunnie</hi> or quarter-master; he looked in good health when he came on board—I remember his being put to the wheel, but do not recollect the date—I noticed nothing the matter with him till he was about a week at the wheel; I then saw the master strike him with the rope's end, also with a piece of leather, and sometimes with a wooden belaying pin on the arms and legs, and sometimes on his backside—Abdoolah used to holloa somet
<lb/>imes when he was struck—he would sing out in his own language "
<hi rend="italic">Babool</hi>" I think it was, which means "
<hi rend="italic">Father</hi>," I think—I did not notice his left arm when he was alive—the captain's striking him was kept up daily as long as he lived; it was perhaps once a day with the belaying pin, and perhaps a little oftener, because I was not so much with him as they were—a week or nine days before he died I noticed that he commenced to get weak, and he could not do his work at the wheel—I noticed one of his arms a week before he died; he could not lift it and could not use it on the wheel—it was the left arm, if I remember well—his left ear was swollen very large; I first noticed that about a month after he went to the wheel he was put to the wheel between half a month and eleven days after we left Akyab—the day before he died he was weak, he could hardly walk; I do not remember seeing anything done to him that day—the first time I saw him on 5th June, the day he died, he was lying on the deck forward about 1 o'clock, or a little after—I was sitting on the port side, putting a piece into the main deck, and heard Captain Walters ask the mate where that man was; and I think the mate said that he was below—Captain Walters said "Well, get him out"—I think the mate got him out, or the captain, I don't know which; but I saw him on the deck, and heard Captain</p>
<xptr type="pageFacsimile" doc="187411230047"/>
<p>Walters tell the mate to make him go and work at the mat which he was making—he said that he could not work at it, he had only one hand—I dis
<lb/>remember whether the captain said anything to that, but I after
<lb/>wards heard the noise of the man falling on deck—I could not tell what caused him to fall, but I heard the master call to him to get up, and he would not, and the master called him some names (one name was the "son of a b——"), and called me and said "Lift this man up, and lash him up to that windlass a bit"—I think the man was in a dying condition then—I lifted him up and stood him on his legs, and passed one turn round him of a rope's end—I fastened him up in that way, and then the master called some one to get some water and wake him up—I do not know what water they got; I walked away, and pretended not to hear the order for the water—I saw the man again after dinner when I came on deck; he was lying across a spar on the deck—he had been unlashed—I don't know whether he was alive—that was about sixteen minutes after I went away—I saw some men looking very anxiously towards where he was lying, and I got up and looked at him, and saw that he was dead—"that might be five or six minutes after I saw him lying on the spar—I went and told Captain Walters that the man was dead, and he ordered me and the chief mate to fetch him aft; we took his clothes off and rubbed him in the cabin, and his left arm was as big as
<hi rend="italic">my leg</hi> all over; the arm and one of his thighs was bruised considerably—there were five or six cuts in his head, one of them an inch long, and some of them longer—his ears were completely rotten—her was afterwards sewn up and buried—I signed this statement about a week before we arrived off Ire
<lb/>land—Captain Walters said to me "This is the account of the wages belonging to the men who were lost," and I signed it; it was not read over to me, and I did not read it—I also signed the official log, with the account of Sheik Abdoolah's death—that was about a week before we got. to Ireland—I did not read it before I signed it, nor was it read to me—I know nothing of my own knowledge of Sheik Abdoolah taking opium, but 1 heard of it—I never saw the captain give him medicine.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>. This is the document to which I attached my signature—it was on a separate sheet of paper at the time it was presented to me, and it was open, and the whole sheet was written upon—it is in the state now in which it was when I put my name to it—I mean to tell the Jury that I really believed it was an account of the deceased men's wages, because Captain Walters told me so, and I cannot read; I can" write my name, and that is all—I swear that I cannot read writing—I did not ask to have it read to me.</p>
<hi rend="italic">Q.</hi> Why should you have to sign the account of the deceased men's Wages?
<hi rend="italic">A.</hi> I put my name to this to keep down notice—it was not becsuse I belived it was an account of the deceased men's wages—I did not
<hi rend="italic">mis-be
<lb/>lieve</hi> the captain, and I did not believe him—I did
<hi rend="italic">ne'er a one</hi>—he has often threatened to break my head, but he never did—I mean that I signed be
<lb/>cause I was afraid of his breaking my head—I say that on my solemn oath—that is what I mean by keeping down noise—I did not mis
<lb/>believe him that it was an account of the seamen's wages, but that was not the reason that I signed it—I put my name to it to keep a
<hi rend="italic">row</hi> from rising—that was the only reason—if I had not put my name to it there would be a
<hi rend="italic">row</hi>, and something might happen—my head might be broken—I have been equally careful in other matters which I have sworn—it is true that there were cuts</p>
<xptr type="pageFacsimile" doc="187411230048"/>
<p>on this man's head—that is as true as that I was afraid of my head being broken—I did not say where the cuts came from—I did not say to the captain "This man is not able to do any work"—I am not an Englishman, but I am an Irishman, and that is all the same—when I thought that the man was in a dying state, I went quietly down and took my dinner, with
<lb/>out saying a word to the captain about it—I was not chief mate of the ship—the mate went to the deceased before I did—I saw him there—he did not say that the man was in a dying state.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Was the captain there also?
<hi rend="italic">A.</hi> Yes; and if the master don't think he is in a dying state, there is no reason why I should speak about it; but, in my opinion, the man was in a dying state.</p>
<hi rend="smallCaps">MR. SERJEANT BALLAKTINE</hi>.
<hi rend="italic">Q.</hi> Had he a turban on?
<hi rend="italic">A.</hi> Yes—I took it off—he had thick hair, and a good deal of it—his whole head was covered with sores—you could take hold of the hair, and take the whole scalp off; it was all rotten; but I don't say that we
<hi rend="italic">done</hi>, it—the men were all round when I saw the cuts on his head—there were about eight of them, but I cannot name any of them except me and the mate—the mate saw the cuts—I never knew the other men by name—this rottenness was all over the entire scalp of the head, but not from his ears.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-168" type="witnessName">
<interp inst="t18741123-name-168" type="gender" value="male"/>
<interp inst="t18741123-name-168" type="surname" value="MATTISON"/>
<interp inst="t18741123-name-168" type="given" value="WILLIAM"/>WILLIAM MATTISON</persName> </hi>. I am seventeen years old—I was on board the
<hi rend="italic">Emily Augusta</hi>—I shipped at Bahia—Abdoolah appeared to be healthy when he came on board-after we left Akyab, he was put to the wheel, and after that I saw the captain beat him with a rope's end, and a piece of leather—I saw that done nearly every day for about a month—it was a long piece of leather off one of the sails—he struck him anywhere, about the body, arms, and legs—I first noticed that one of his ears was swelled two or three weeks before he died—I saw him the day that he died—I think he left the wheel about 8 o'clock that morning, and after he left the wheel I heard the captain shouting to him—I don't know what he was doing—I saw Sheik Abdoolah when he was dead—I first saw him lying forward on a spar, and I afterward saw him lying aft—I looked at him—I saw a cut on his head like a triangle, about an inch each way—one of his ears was swollen,' and there was a hole in his nose.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>. The triangular cut was on the top of his head; he had much hair, but I was able to see it clearly, because his hair was off at the cut—I don't know if it was sore; it looked sore—I could see the sore and the scab on it—it was the mark of what had been a cut—it did not look fresh, but like an old cut—that was the only cut I noticed on his head—it looked well, but I never touched him.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-169" type="witnessName">
<interp inst="t18741123-name-169" type="gender" value="male"/>
<interp inst="t18741123-name-169" type="surname" value="PYKE"/>
<interp inst="t18741123-name-169" type="given" value="WILLIAM"/>WILLIAM PYKE</persName> </hi>. I am sixteen years old—I was on board the
<hi rend="italic">Emily Augusta</hi>—I joined at Liverpool—Captain Walters was the captain—we sailed to Bahia and afterwards to Akyab, where the Lascars came on board—Sheik Abdoolah looked all right and seemed well enough when he came on board—I remember his being put to the wheel to steer, and after that I saw the captain strike him several times with a piece of leather, and once with a belaying pin on the back—he struck him with the belaying pin all over—I have seen him strike him a good many times with the leather—he seemed weak and feeble before he died—I saw him when he was dead—there were three or four big cuts on the top of his head, and his ears were swelled up and full of dirt and matter—I first noticed his ears a month or so be
<lb/>fore he died, and when he was dead I noticed that his arm was swelled up
<hi rend="italic">to the</hi> shoulder and was black—there was one cut on his face by his nose</p>
<xptr type="pageFacsimile" doc="187411230049"/>
<p>or under bis eye—he often told me that he ate opium, but I never saw him—he spoke about it before he died; he said that he had had no opium for three days, and he felt sick.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>. I have been at sea eighteent months—this was my first voyage—I went on board at Liverpool, and went out with the ship to Bahia, and then sailed with her till we took in the Lascar sailors—I had plenty of work to do; they kept me hard at work because there was nobody else—Sheik Abdoolah could steer, but sometimes he did not steer right—I have seen him asleep at the wheel three or four times when I was on the poop, and have had to take his turn when he could not or would not work—he was not always falling asleep, but when there was nobody around he used to be asleep; if he was
<hi rend="italic">left</hi> alone for three or four minutes he always went fast asleep—three days before his death he told me that his opium was finished, and his belly was sick—we had the worst weather off the Cape—the captain gave the men medicine from time to time—he gave me medicine once when I wanted it—if the crew wanted it they used to come up in the morning and get it—it was some stuff he used to mix—Fugeer Ali also had his ears swelled up in the same way, and so had a man named Oozman—I did not see the captain lance the men's ears—I have got a touch of the rope's end.</p>
<hi rend="italic">Re-examined.</hi> I have seen the captain strike the other Lascars who had bad ears—Fugeer Ali has since died—Oozman is outside as a witness.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-170" type="witnessName">
<interp inst="t18741123-name-170" type="gender" value="male"/>
<interp inst="t18741123-name-170" type="surname" value="KHAN"/>
<interp inst="t18741123-name-170" type="given" value="KHALLEE"/>KHALLEE KHAN</persName> </hi>. I was third
<hi rend="italic">tindal</hi> on board the
<hi rend="italic">Emily Augusta</hi>—I joined at Calcutta with a number of other Lascars—I knew Sheik Ab
<lb/>doolah when he came on board—I saw him a short time living in Calcutta—his health was all right when he joined the
<hi rend="italic">Emily Augusta</hi>—I went in the steamer with him from Calcutta to Akyab, and saw nothing the matter with him—I remember his being put to the wheel to act as
<hi rend="italic">secunnie</hi>—I did not see what the captain did to him, but I saw him with a broken hand, and. nose, and head—I saw the captain hit him that time
<hi rend="italic">what day he did die</hi>—he left the wheel at 8 o'clock and went to sleep in his bunk, and he came forward and got his breakfast, and he had finished his breakfast and went to sleep in his bunk, and afterwards the captain came and said—"Where is Abdoolah?"—somebody told him he was in his bunk, and he pulled it out on to the floor, and kicked his backside and kicked him out, he fell with his head on the floor, and the captain said "Go and finish your mat" Abdoolah said "My hand is broke, sir, my one hand, sir, I cannot finish my mat"—the captain said "Go and finish your mat"—he said "I can't, master," and the captain hit him five or six rope's ends—after that he fell down again, and then the captain said "Go and finish your mat"—again he said "My one hand broke, I can't, sir"—the captain then told the second mate to go and make fast that man, and he made fast the man to the fore
<lb/>castle with both hands to the belaying pin—that is close to the windlass—he was made fast with a belaying pin; that kept him fast—the captain then struck him four or five ropes on his head, and neck, and backside, and his head fell on one side—the captain took one rope when he was tied up and he hit him four or five ropes—I saw his head fall on one side, and the cap
<lb/>tain told one man to get two or three buckets of water to throw over him—they threw the salt water over his body; he did not stir his head, and the cap
<lb/>tain told them to unbind that man—the second mate, I think, untied him, and he then fell on the deck, and the captain kicked him and said "Get up, get up, "but he could not get up that time, and he kicked his backside</p>
<xptr type="pageFacsimile" doc="187411230050"/>
<p>and then he went aft, and in one or two minutes Abdoolah sat down on bus backside close to a spar drawing himself along, crawling as far as from here to that table, and when he got to the spar he laid down like that to die—after that I was working in the fore rigging, and what time he die I see him, and I said to the chief mate "Go and see," and he looked himself, and he saw he was die—the captain told the mate to carry him away, but I do not know what they did, and after that they fetched him on deck again close to the fore brace, and he had a broken head in three or four places, and bus nose also—the captain said "You see that;" I said "Yes, that is all I see, sir"—Before we got to Cork I went into the captain's cabin, and he said "Khallee Khan make him understand, that man"—he said "What I write on the paper make him understand, that man"—the men came in one by one, and he told me to make them understand "what he read—he read one book, a log book, and I make him understand, and when I did not understand I said nothing—I spoke Hindostanee to him—I did not under-stand all the captain said, but what I understood I spoke to that man, and what I did not understand I said nothing—seven or eight men came up altogether, not together, but one after one—I did not sign the paper my
<lb/>self, but the
<hi rend="italic">Burra Tindal</hi> signed for me—the same thing took place with each of the seven or eight men who were called in; the captain spoke to them, and I spoke to them in Hindostanee—when we got close to Cork the captain said to me "We are going to London, do not go to a Magistrate, and I will give you fifty-eight rupees"—a rupee is about 2
<hi rend="italic">s</hi>.—that was before the men were called in—Abdoolah had one shirt with blood, and I kept it in my chest with Mahomed the Serang's shirt—I went ashore, and when I came back I could not find it—I don't know when the captain opened the chest.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. STRAIGHT</hi>. I have been at the Strangers'. Home—Abdul, the man who was called as a witness yesterday, was there too—nineteen Lascars, I think, have been at the Home. Mahomed is my uncle—he is the man who got the crew together at Calcutta—I do not know that my uncle was struck on the voyage by one of the Lascars—I knew Sheik Abdoolah about two years before in Calcutta—I do not know that he was in the habit of taking a great deal of medicine—it is correct that I saw that bus ears were rotten about twenty-five days before his death—it was about six weeks after the ship left Akyab that the captain put Sheik Abdoolah to the wheel—I recollect O'-Niel, he was not a Lascar, he shipped as a
<hi rend="italic">secunnie</hi>—I do not know that he was turned away from the wheel—I saw Abdoolah eat opium before we left Calcutta, but not on board the ship—I said when he came in the boat I saw him—he actually bought opium of me—I do not eat it, but I had it to sell to the others—he owed me twenty-eight rupees at the tune of his death, and the captain told me that I should have them, and fifty-eight rupees the captain would give me, and then he would write another paper—I was to get the twenty-eight rupees besides the fifty-eight—what the captain said was that he would give me "a 5
<hi rend="italic">l</hi>. note" if I did not go before the Magistrate, that is fifty rupees, but I figured it at fifty-eight rupees—it was that I should not go before the Magistrate, not that the other men should not go—I sometimes hit the Lascar with a rope's end on his back side, when he made me a boatswain—I made him work; and sometimes, to make him work quick, I hit him—I did not see the captain's left arm strapped to his side on the day that Abdoolah died; but Abdoolah's arm was swelled—I don't know anything about the captain's arm—I said</p>
<xptr type="pageFacsimile" doc="187411230051"/>
<p>that Abdoolaha's arm was bad—when I saw the captain with the book in the cabin it lasted more than one day—it was a thin book that he had; a little blue paper in a book—I was in the cabin the whole time—it was at 2 or 3 o'clock in the afternoon he called me aft and one man, and he was reading and writing—I was there when Abdul was in the cabin, the
<hi rend="italic">Burra tindal</hi>, and he signed the name for me—I cannot write—the captain said some
<lb/>thing to me to tell it to the men, and the men answered—he tell me, and I answer in Hindostanee.</p>
<hi rend="italic">Re-examined.</hi> I was in the cabin when Abdul signed the names.</p>
<hi rend="italic">By A</hi>
<hi rend="smallCaps">JUROR</hi>. The shirt was full of blood, it was all round here, more on the shoulder—the captain overhauled everybody's chest.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURET</hi>. I remember Abdul being brought into the cabin—the captain told me to ask him questions and I asked him when he first knew or met Sheik Abdoolah—the captain spoke to him and what the captain said everybody said "Yes "to, he could not say "No," or he would kill him—I put the questions which the captain told me—I did not see Abdoolah's ears when he-was coming in the steamboat—I cannot remember that in the captain's cabin Abdul said that he saw in the steamboat that the man's ears were bad.</p>
<hi rend="smallCaps">JURY</hi>.
<hi rend="italic">Q.</hi> Did the captain put the question to you and did you say "Yes" to the captain—
<hi rend="italic">A.</hi> I don't know, I told the captain what the men said exactly—he did not wait to put it down, he had already written it before he called me down in the cabin, and then I saw Abdul standing there—the captain read out of the book that the man had bad ears when he left Calcutta, and then the men said." Yes"—the men simply assented to what the captain said—the blood came on the shirt from
<hi rend="italic">broke</hi> head—I never saw the captain hit him with the belaying pin; all the time I was working forwards while he was at the wheel.</p>
<hi rend="smallCaps">ABDUL</hi> (
<hi rend="italic">interpreted</hi>). I was
<hi rend="italic">Burra tindal</hi> on board the
<hi rend="italic">Emily Augusta</hi>—I went from Calcutta to Akyab and joined the vessel there—I knew Sheik Abdoolah when he came with me in the ship—he was well when he joined—they gave him work at the wheel—once I saw his nose broken and another time I saw his head broken—I did not see that done—I did
<hi rend="italic">not see</hi> anything myself before the day of his death; that day he went on watch at 4 o'clock, and on coming off watch at 8 o'clock he had his breakfast and went to sleep, after which about 9 or 9.30, the captain came forward and said "
<hi rend="italic">Where</hi> is Abdoolah"—answer was made to the captain that he was in his berth, whereupon the captain went and pulled him out and kicked him several times; he brought him to the foremast and then said to him."Make these mats"—he replied "My arm is broken or injured, how can I make mats?"—then the captain took the end of the top gallant sheet, which is a, rope, and beat him several times over the back—then he struck him several times on the head with a belaying pin and he fell down—I was there and saw it—he then ordered the second mate to tie him up to the windlass bit with the belaying pin that was there for the jib sheet; the rope was passed round him and fastened to this belaying pin; then the second mate went away and the captain came and beat him with the end of the jib sheet while he was tied up; he beat him on his back—then his head fell on one side, and he called the
<hi rend="italic">to pas</hi>, that is, the man of the crew that does the dirty work, and ordered the
<hi rend="italic">to pas</hi> to get some salt water, and they poured three or four buckets of water over his head—then the captain ordered him to be untied—I am not quite sure whether it was the first or the second mate that untied him—when he</p>
<xptr type="pageFacsimile" doc="187411230052"/>
<p>was let go he sank down; the captain beat him to make him get up, but he was not able—then he laid down and he kicked him or brought him as far as a spar that was lying there and he lay down at full length on the spar—then the captain went aft—Khallee Khan was the first man who thought he was dead—he said "Holloa, that man is dead," and then they saw he was dead—they told the second mate and he went aft and told the captain—it was about ten minutes after the captain went aft that Khallee Khan said he was dead—I have seen Abdoolah come forward at the wheel and show all the people his head bleeding and blood all over his clothes—I remember going into the captain's cabin before we got to Cork, the captain was on the poop; and he said "I want you to sign a paper"—I said "Why should I sign a paper"—then the captain took a belaying pin and said "What! You won't sign," and he hit me over the head and made the blood run out—then he said "
<hi rend="italic">Go</hi> forward and clean yourself and come into the cabin," and I went into the cabin, and he ordered me to sign a paper—I said "What paper am I to sign, how can I sign a paper that I don't know"—the captain held a pistol to me and said "If you don't sign I will make you sign," and I signed in fear of my life—I signed at the same time several other men's names, three or four I think, besides my own (
<hi rend="italic">looking at the paper</hi>), as many as there are on this paper, those are all my writing—this "Abdul Tindal" is my signature, that is the deposi
<lb/>tion before Khallee Khan's—I know nothing about what is written here, all I was told was to sign the paper, I know nothing about it except that I signed it. (
<hi rend="italic">It was read over to the witness</hi>). I never said anything of that kind—I know nothing about the contents of this paper, it was not even read over to me, but I signed in fear of my life.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>, All the men were work
<lb/>ing near when the captain struck me on the poop—Dewan Ali saw it, he is here; both of the Alis saw it—I was alone with the captain in the cabin when he produced the pistol—I have been for a long time tindal and. serang of ships—the last ship I was in was either the
<hi rend="italic">Decca</hi> or the
<hi rend="italic">Oriental</hi> steamer of Mackenzie & Co.—in the cabin the captain held the pistol, and said "If you don't sign I will make you sign," or "I will sign you," or something to that effect; "I will kill you," "if you do not sign I will sign you; I will kill you."</p>
<hi rend="italic">The learned Counsel then put direct to the witness, without the aid of an interpreter, the following question: "Can you understand me; supposing I was to say 'I shall shoot you with a pistol,' would you understand me?" The witness made no reply.</hi>)</p>
<hi rend="italic">Re-examined.</hi> He took the pistol out of his pocket and presented it at me—he addressed me in Hindostanee.</p>
<hi rend="smallCaps">OOZMAN</hi> (
<hi rend="italic">interpreted</hi>). I was
<hi rend="italic">secunnie</hi> on board this ship—I have been a
<hi rend="italic">secunnie</hi> eight years—Sheik Abdoolah was a sailor on board—his health was good when he came on board at Akyab—afterwards he was made
<hi rend="italic">secunnie—I</hi> don't recollect how long that was after we had left Akyab—he was well when he was made
<hi rend="italic">secunnie</hi>—he was well at first, but be got sick through being beaten by the captain—I saw the captain beat him—he struck him on the head, ear, arm, nose, and other places; he struck him with his fist, or with a belaying pin, and bis nose was broken like mine—the captain did that to me—his nose was broken with his fist—I remember the day before Abdoolah died; he was at the wheel that evening from 6 till 8 o'clock—I went to the wheel after him—the captain was there at the</p>
<xptr type="pageFacsimile" doc="187411230053"/>
<p>time I relieved him; he took hold of Abdoolah by one arm with both his hands in that way (
<hi rend="italic">describing</hi>), and flung him away on one side, and he fell over a piece of wood they make things fast to, a projecting piece of wood on the deck—the fall made a boom, a hollow noise, and he became senseless; he fell on his head—the captain then struck him with a belt, and kicked him also—he struck him as he lay, over the body, with the belt, and the brass fastening of the belt was broken—Abdoolah was lying senseless—the captain said "Get up, you son of a bitch," and he kicked him to make him get up; but he did not get up for fifteen or twenty minutes—when he struck his head as he fell, the blood went up, but I did not see any blood, or anything from the beating.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>. The captain used to speak to us in English—I know very little English; enough for just the orders of the ship—the captain understands Hindostanse very little, he did speak Hindostanee to the men: he could give orders such as "Come here," "Go there," "Pull in that brace," just ship's orders.</p>
<hi rend="smallCaps">
<persName id="t18741123-name-171" type="witnessName">
<interp inst="t18741123-name-171" type="gender" value="male"/>
<interp inst="t18741123-name-171" type="surname" value="BROWN"/>
<interp inst="t18741123-name-171" type="given" value="PETER"/>PETER BROWN</persName> </hi>. I was cook on board the
<hi rend="italic">Emily Augusta</hi>—I joined at Calcutta—I went in the steamer from Calcutta to Akyab—I knew Sheik Abdoolah—I had known him about two months before I went from Cal
<lb/>cutta—he was a goodish, strong man—I went in the steamer with him to Akyab—I remember his being put to the wheel to steer—the first day the captain told him to go to the wheel, the man said "I can't go to the wheel, sir"—then the captain took, a rope and hit him, and then that man said "I did not sign for
<hi rend="italic">secunnie</hi>, I signed articles for the tindal"—then that man go to the wheel—the captain had a strong ring on his finger, and he hit him on his face, and he had a mark—the ring cut him, and the blood ran—Abdoolah did not say anything—he can't say anything—after that the captain told him to wash the blood off—the blood ran all over—this was about two months before his death—I remember the day he died—I saw him that day—he was in the galley—he made a noise—something was the matter with his forehead—the captain took a belaying pin and hit him on the leg, and he fell down—then the captain told him to get up—he could not get up, and the captain sung out for the second mate, "I say, Mr. Cook, come and look here, this man says he cannot get up, make him fast to the windlass"—the second mate made him fast to the windlass—then the captain threw some water on the top of the man's head—as soon as the second mate could make him fast, they threw the water—the second mate had gone to his dinner at that time—the man's head fell down like this (
<hi rend="italic">leaning bad:</hi>), and that man threw the water on the top of him—he did that to make him well—after that I do not know what took place—I went to the galley—in two minutes I came round the other side, and I saw the man laying down on the floor—after that, the captain hit him again with the belaying pin in the same place, and said "Get up, you d——son of a bitch"—that was while the man was lying down on the floor—he could not speak anything—he got up—the captain kick him up, and make him sit down on the top of a big bar—he tried to make him sit down—he could not sit down, and he fell down this way (
<hi rend="italic">describing</hi>)—then the captain go aft after that—after that, I go inside the galley again, to look after my busi