<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<p>Sessions Paper.</p>
<p>STONE, MAYOR.</p>
<p>Short-hand Writers to the Court,</p>
<xptr type="pageFacsimile" doc="187412140004"/>
<p>On the Queen's Commission of</p>
<p>The City of London,</p>
<p>OF THE</p>
<p>Held on Monday, December 14th, 1874, and following days,</p>
<hi rend="smallCaps">BEFORE THE RIGHT HON</hi>.
<hi rend="largeCaps">
<persName id="t18741214-name-1" type="judiciaryName">
<interp inst="t18741214-name-1" type="gender" value="male"/>
<interp inst="t18741214-name-1" type="surname" value="STONE"/>
<interp inst="t18741214-name-1" type="given" value="DAVID HENRY"/>DAVID HENRY STONE</persName>, LORD MAYOR</hi> of the City of London; The Hon. Sir
<persName id="t18741214-name-2" type="judiciaryName">
<interp inst="t18741214-name-2" type="gender" value="male"/>
<interp inst="t18741214-name-2" type="surname" value="QUAIN"/>
<interp inst="t18741214-name-2" type="given" value="JOHN RICHARD"/>
<hi rend="smallCaps">JOHN RICHARD QUAIN</hi> </persName>, Knt., one of the Justices of Her Majesty's Court of Queen's Bench; The Hon. Sir
<hi rend="smallCaps">
<persName id="t18741214-name-3" type="judiciaryName">
<interp inst="t18741214-name-3" type="gender" value="male"/>
<interp inst="t18741214-name-3" type="surname" value="AMPHLET"/>
<interp inst="t18741214-name-3" type="given" value="RICHARD PAUL"/>RICHARD PAUL AMPHLET</persName> </hi>, Knt., one of the Barons of Her Majesty's Court of Exchequer; Sir
<hi rend="smallCaps">
<persName id="t18741214-name-4" type="judiciaryName">
<interp inst="t18741214-name-4" type="gender" value="male"/>
<interp inst="t18741214-name-4" type="surname" value="ROSE"/>
<interp inst="t18741214-name-4" type="given" value="WILLIAM ANDERSON"/>WILLIAM ANDERSON ROSE</persName> </hi>, Knt., and
<persName id="t18741214-name-5" type="judiciaryName">
<interp inst="t18741214-name-5" type="gender" value="male"/>
<interp inst="t18741214-name-5" type="surname" value="ALLEN"/>
<interp inst="t18741214-name-5" type="given" value="WILLIAM FERNELEY"/>
<hi rend="smallCaps">WILLIAM FERNELEY ALLEN</hi> </persName>, Esq., Aldermen of the said City; The Right Hon.
<hi rend="smallCaps">
<persName id="t18741214-name-6" type="judiciaryName">
<interp inst="t18741214-name-6" type="gender" value="male"/>
<interp inst="t18741214-name-6" type="surname" value="GURNEY"/>
<interp inst="t18741214-name-6" type="given" value="RUSSELL"/>RUSSELL GURNEY</persName> </hi>, Q. C., M.P., Recorder of the said City; Sir
<persName id="t18741214-name-7" type="judiciaryName">
<interp inst="t18741214-name-7" type="gender" value="male"/>
<interp inst="t18741214-name-7" type="surname" value="TRUSCOTT"/>
<interp inst="t18741214-name-7" type="given" value="THOMAS WYATT"/>
<hi rend="smallCaps">THOMAS WYATT TRUSCOTT</hi> </persName>, Knt., and
<hi rend="smallCaps">
<persName id="t18741214-name-8" type="judiciaryName">
<interp inst="t18741214-name-8" type="gender" value="male"/>
<interp inst="t18741214-name-8" type="surname" value="FIGGINS"/>
<interp inst="t18741214-name-8" type="given" value="JAMES"/>JAMES FIGGINS</persName> </hi> Esq., others of the Aldermen of the said City; Sir
<hi rend="smallCaps">
<persName id="t18741214-name-9" type="judiciaryName">
<interp inst="t18741214-name-9" type="gender" value="male"/>
<interp inst="t18741214-name-9" type="surname" value="CHAMBERS"/>
<interp inst="t18741214-name-9" 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="t18741214-name-10" type="judiciaryName">
<interp inst="t18741214-name-10" type="gender" value="male"/>
<interp inst="t18741214-name-10" type="surname" value="KERR"/>
<interp inst="t18741214-name-10" 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="t18741214-name-11" type="judiciaryName">
<interp inst="t18741214-name-11" type="gender" value="male"/>
<interp inst="t18741214-name-11" type="surname" value="ELLIS"/>
<interp inst="t18741214-name-11" type="given" value="JOHN WHITTAKER"/>
<hi rend="smallCaps">JOHN WHITTAKER ELLIS</hi> </persName> Esq., Alderman.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-12" type="judiciaryName">
<interp inst="t18741214-name-12" type="gender" value="male"/>
<interp inst="t18741214-name-12" type="surname" value="SHAW"/>
<interp inst="t18741214-name-12" type="given" value="JAMES"/>JAMES SHAW</persName> </hi>, Esq.</p>
<hi rend="italic">Sheriffs.</hi> </p>
<persName id="t18741214-name-13" type="judiciaryName">
<interp inst="t18741214-name-13" type="gender" value="male"/>
<interp inst="t18741214-name-13" type="surname" value="ELLIOTT"/>
<interp inst="t18741214-name-13" type="given" value="WILLIAM TIMBRELL"/>
<hi rend="smallCaps">WILLIAM TIMBRELL ELLIOTT</hi> </persName>, Esq.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-14" type="judiciaryName">
<interp inst="t18741214-name-14" type="gender" value="male"/>
<interp inst="t18741214-name-14" type="surname" value="SEDGWICK"/>
<interp inst="t18741214-name-14" type="given" value="GEORGE ALFRED"/>GEORGE ALFRED SEDGWICK</persName> </hi>, Esq.</p>
<hi rend="italic">Under-Sheriffs.</hi> </p>
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<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<hi rend="largeCaps">STONE, MAYOR. SECOND 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, December</hi> 14
<hi rend="italic">th</hi>, 1874.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
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<hi rend="largeCaps">PETER ALBERT</hi> (43)</persName>,
<hi rend="italic">and</hi>
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<interp inst="def2-64-18741214" type="given" value="ALBERT"/>
<hi rend="largeCaps">ALBERT BARASCOWITZ</hi> (42)</persName>
<rs id="t18741214-64-offence-1" type="offenceDescription">
<interp inst="t18741214-64-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18741214-64-offence-1" type="offenceSubcategory" value="libel"/>, were indicted, with two others not in custody, for a libel upon
<persName id="t18741214-name-17" type="victimName">
<interp inst="t18741214-name-17" type="gender" value="male"/>
<interp inst="t18741214-name-17" type="surname" value="POHLES"/>
<interp inst="t18741214-name-17" type="given" value="STEPHEN"/>
<join result="offenceVictim" targOrder="Y" targets="t18741214-64-offence-1 t18741214-name-17"/>Stephen Pohles</persName>, to which they</rs> </p>
<hi rend="smallCaps">
<rs id="t18741214-64-verdict-1" type="verdictDescription">
<interp inst="t18741214-64-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741214-64-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18741214-64-punishment-1" type="punishmentDescription">
<interp inst="t18741214-64-punishment-1" type="punishmentCategory" value="miscPunish"/>
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<hi rend="italic">To enter into recognizances to appear and receive Judgment when called upon.</hi> </rs> </p> </div1>
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<interp inst="def1-65-18741214" type="surname" value="BAKER"/>
<interp inst="def1-65-18741214" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK BAKER</hi> (14)</persName>, was indicted
<rs id="t18741214-65-offence-1" type="offenceDescription">
<interp inst="t18741214-65-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18741214-65-offence-1" type="offenceSubcategory" value="perjury"/> for wilful and corrupt perjury alleged to have been committed by him in the Divorce Court.</rs> </p>
<hi rend="smallCaps">MR. STRAIGHT</hi>,
<hi rend="italic">for the Prosecution, offered no evidence.</hi> </p>
<hi rend="smallCaps">
<rs id="t18741214-65-verdict-1" type="verdictDescription">
<interp inst="t18741214-65-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18741214-65-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
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<hi rend="largeCaps">GEORGE SCARLETT</hi> (51)</persName>
<rs id="t18741214-66-offence-1" type="offenceDescription">
<interp inst="t18741214-66-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18741214-66-offence-1" type="offenceSubcategory" value="embezzlement"/>, Embezzling the sums of 2
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>., 6
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>., and 8
<hi rend="italic">s</hi>. received on account of
<persName id="t18741214-name-20" type="victimName">
<interp inst="t18741214-name-20" type="gender" value="male"/>
<interp inst="t18741214-name-20" type="surname" value="SPIERS"/>
<interp inst="t18741214-name-20" type="given" value="FELIX"/>
<join result="offenceVictim" targOrder="Y" targets="t18741214-66-offence-1 t18741214-name-20"/>Felix Spiers</persName>, and another, his masters.</rs> </p>
<hi rend="smallCaps">MR. STRAIGHT</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. MONTAGU WILLIAMS</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="italic">There being no proof of an actual deficiency in the amount of money received, the Jury were directed to find the prisoner</hi> </p>
<hi rend="smallCaps">
<rs id="t18741214-66-verdict-1" type="verdictDescription">
<interp inst="t18741214-66-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18741214-66-verdict-1" type="verdictSubcategory" value="directed"/>NOT GUILTY</rs> </hi>.</p> </div1>
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<interp inst="def1-67-18741214" type="surname" value="KING"/>
<interp inst="def1-67-18741214" type="given" value="ARTHUR HARRIS"/>
<hi rend="largeCaps">ARTHUR HARRIS KING</hi> </persName> (16,)
<persName id="def2-67-18741214" type="defendantName">
<interp inst="def2-67-18741214" type="gender" value="male"/>
<interp inst="def2-67-18741214" type="age" value="16"/>
<interp inst="def2-67-18741214" type="surname" value="VERNON"/>
<interp inst="def2-67-18741214" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES VERNON</hi> (16)</persName>, and
<persName id="def3-67-18741214" type="defendantName">
<interp inst="def3-67-18741214" type="gender" value="male"/>
<interp inst="def3-67-18741214" type="age" value="16"/>
<interp inst="def3-67-18741214" type="surname" value="KNOTZ"/>
<interp inst="def3-67-18741214" type="given" value="AUGUSTE"/>
<hi rend="largeCaps">AUGUSTE KNOTZ</hi> (16)</persName>
<rs id="t18741214-67-offence-1" type="offenceDescription">
<interp inst="t18741214-67-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18741214-67-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, Stealing one piece of gold, and other articles, the property of
<persName id="t18741214-name-24" type="victimName">
<interp inst="t18741214-name-24" type="gender" value="male"/>
<interp inst="t18741214-name-24" type="surname" value="WAYLETT"/>
<interp inst="t18741214-name-24" type="given" value="ROBERT RICHARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18741214-67-offence-1 t18741214-name-24"/>Robert Richard Waylett</persName>, the master of King.</rs> </p>
<hi rend="largeCaps">KING</hi> and
<hi rend="largeCaps">KNOTZ</hi>
<hi rend="smallCaps">
<rs id="t18741214-67-verdict-1" type="verdictDescription">
<interp inst="t18741214-67-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741214-67-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.</p>
<hi rend="smallCaps">MR. ST. AUBYN</hi>,
<hi rend="italic">for the Prosecu
<lb/>tion, offered no evidence against</hi> </p>
<hi rend="largeCaps">VERNON</hi>
<hi rend="smallCaps">
<rs id="t18741214-67-verdict-2" type="verdictDescription">
<interp inst="t18741214-67-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18741214-67-verdict-2" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p>
<hi rend="italic">King and Knotz received good characters, and King was recommended to mercy by the prosecutor.</hi> </p>
<hi rend="largeCaps">KING</hi>
<hi rend="italic">
<rs id="t18741214-67-punishment-2" type="punishmentDescription">
<interp inst="t18741214-67-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18741214-67-punishment-2" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-67-18741214 t18741214-67-punishment-2"/>Three Months' Imprisonment.</rs> </hi> </p>
<hi rend="largeCaps">KNOTZ</hi>
<hi rend="italic">
<rs id="t18741214-67-punishment-3" type="punishmentDescription">
<interp inst="t18741214-67-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18741214-67-punishment-3" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-67-18741214 t18741214-67-punishment-3"/>Six Months' Imprisonment.</rs> </hi> </p> </div1>
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<persName id="def1-68-18741214" type="defendantName">
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<interp inst="def1-68-18741214" type="age" value="35"/>
<interp inst="def1-68-18741214" type="surname" value="ROGERS"/>
<interp inst="def1-68-18741214" type="given" value="SAMUEL"/>
<hi rend="largeCaps">SAMUEL ROGERS</hi> (35)</persName>, and
<persName id="def2-68-18741214" type="defendantName">
<interp inst="def2-68-18741214" type="gender" value="male"/>
<interp inst="def2-68-18741214" type="age" value="30"/>
<interp inst="def2-68-18741214" type="surname" value="ROBERTS"/>
<interp inst="def2-68-18741214" type="given" value="ROBERT"/>
<hi rend="largeCaps">ROBERT ROBERTS</hi> (30)</persName>
<rs id="t18741214-68-offence-1" type="offenceDescription">
<interp inst="t18741214-68-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18741214-68-offence-1" type="offenceSubcategory" value="animalTheft"/>, Stealing a gelding, a cart, a set of harness, and a whip, the property of
<persName id="t18741214-name-27" type="victimName">
<interp inst="t18741214-name-27" type="gender" value="male"/>
<interp inst="t18741214-name-27" type="surname" value="SHACKLETON"/>
<interp inst="t18741214-name-27" type="given" value="EDWARD JOWETT"/>
<interp inst="t18741214-name-27" type="occupation" value="stone mason"/>
<join result="offenceVictim" targOrder="Y" targets="t18741214-68-offence-1 t18741214-name-27"/> Edward Jowett Shackleton</persName>.</rs> </p>
<hi rend="smallCaps">MR. STRAIGHT</hi>
<hi rend="italic">conducted the Prosecution;</hi>
<hi rend="smallCaps">MR. MONTAGU WILLIAMS</hi>
<hi rend="italic">defended Rogers, and</hi>
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">defended Roberts.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741214-name-28" type="witnessName">
<interp inst="t18741214-name-28" type="gender" value="male"/>
<interp inst="t18741214-name-28" type="surname" value="SHACKLETON"/>
<interp inst="t18741214-name-28" type="given" value="EDWARD JOWETT"/>EDWARD JOWETT SHACKLETON</persName> </hi>. I live at 31, Lowfield Street, Dartford, Kent, and am a stone mason—on Friday, 13th November, about 7.15 in</p>
<xptr type="pageFacsimile" doc="187412140006"/>
<p>the evening, I left my horse and cart standing at Weston Street, Dartford—I was absent about ten minutes, and when I returned I missed my horse, cart, and harness—I saw the cart again at the Hackney Police Station on the Saturday week following, the 21st—my horse I saw at Peckham Green yard on Thursday, the 26th—I have never seen the Harness—the horse was what I call a brown, some call it a bay—it was a dark bay—there was a wrapper in the cart when it was taken, and a rug which I had thrown across the horse—the value was something like 40
<hi rend="italic">l</hi>. altogether.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-29" type="witnessName">
<interp inst="t18741214-name-29" type="gender" value="male"/>
<interp inst="t18741214-name-29" type="surname" value="TILNEY"/>
<interp inst="t18741214-name-29" type="given" value="WALTER"/>WALTER TILNEY</persName> </hi> (
<hi rend="italic">Policeman</hi> 63). On Monday morning, 16th Novem
<lb/>ber, I found a horse straying in Gordon Road, Peckham—it had no harness on—I took it to the Green Yard—about ten days afterwards, the 26tb, I think, it was shown to the prosecutor, and he identified it.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-30" type="witnessName">
<interp inst="t18741214-name-30" type="gender" value="male"/>
<interp inst="t18741214-name-30" type="surname" value="CRISP"/>
<interp inst="t18741214-name-30" type="given" value="CHARLES"/>CHARLES CRISP</persName> </hi> (
<hi rend="italic">Policeman N</hi> 417). On Thursday, the 19th November, between 10 and 11 o'clock in the morning, I was in Chatsworth Road, Priory Fields, Hackney—I saw Rogers there—there was a grey horse and a roan mare there—the mare was hobbled—Rogers stooped down in front of her legs and did something to her—he then walked away—between 3 and 4 o'clock in the afternoon Rogers and Roberts came to the same place and looked at the mare; they went away again, and I hid in a shed—between 8 and 9 o'clock that night the prisoners and two other men came there—at that time there was a cart behind the shed and some harness—the cart was the same which was afterwards identified by Mr. Shackleton—Roberts brought the roan mare up to the cart, which was close to the shed where we were—the other men harnessed it; Rogers had hold of the bridle and put it on, and they led it away—as they led it away, I went out with Chapman and Howsden, the constables, who were with me—we commenced to on after the cart, and the prisoners and the others ran away—I stopped the horse and cart—I afterwards saw Roberts brought back by Chapman—next day I went to Smithfield, where I saw Rogers, and took him into custody, and told him it was for being concerned with others in the unlaw
<lb/>ful possession of a horse and cart, he said "All right, let me walk in front, I don't want to be shown up to my
<hi rend="italic">pals</hi>"—the night of the 19th November was a bright moonlight night.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. MONTAGU WILLIAMS</hi>. They all ran away as fast as they could—I don't know that Rogers is lame, I know he is not the best on his pins for walking or running either; he was about 60 yards from us—I am not a fast runner, but I went as quick as I could—I knew Rogers lived at Homerton, but I did not know that night where it was—I have seen him with a horse on the fields—I did not know that the grey horse was his at the time—I know it now.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>. It was a common where the cart was where any one could put horses—the roan mare which was hobbled, and Rogers's grey horse was there—I first saw Roberts between 3 and 4 o'clock in the afternoon with Rogers—they walked into the field together, and they looked at both the horses—I did not hear any conversation when they came with the other two men at 9 o'clock—Rogers brought the roan mare up, and it was harnessed.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-31" type="witnessName">
<interp inst="t18741214-name-31" type="gender" value="male"/>
<interp inst="t18741214-name-31" type="surname" value="CHAPMAN"/>
<interp inst="t18741214-name-31" type="given" value="GEORGE"/>GEORGE CHAPMAN</persName> </hi> (
<hi rend="italic">Policeman N</hi> 376). I was in the shed on Thursday, the 19th November, with Crisp and Howsden a little before 9 o'clock at night—I saw the prisoners and two other men come there—Roberts took a cord off the roan mare, and she was led up close to the shed where I was—I could have touched them—the cart was brought from the corner, and the</p>
<xptr type="pageFacsimile" doc="187412140007"/>
<p>mare was put into the cart and harnessed—when the cart started we went after them—when they saw us following them they went one way and the horse and cart the other—I followed Roberts round a clump of buildings—I went through a garden and got out first, and caught him—I told him I should take him into custody for the unlawful possession of a horse and cart—he said he did not know anything about it—it was about a quarter of a mile from the shed to where I took him into custody—I took him to the station—it was a light night—I was reading a newspaper while I was waiting there, it was that bright—I went with Crisp the next day to Smith-field, when he took Rogers into custody.</p>
<hi rend="italic">Cross-examined.</hi> I had the
<hi rend="italic">Standard</hi>, and read it by the moonlight by the shed door—it was a little before 9 o'clock, and it was light enough to read the newspaper—I could see that they ran pretty fast, and I ran fast too—Rogers said after he was taken that he had a horse on the fields, and had been there twice that day.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>. The cart was outside the shed before the mare was put in—they were not right off the ground when the cart was stopped—they went about 60 yards before they saw us—they had not got into the road, they were making for Pond Lane, and were about 10 or 15 yards from it.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-32" type="witnessName">
<interp inst="t18741214-name-32" type="gender" value="male"/>
<interp inst="t18741214-name-32" type="surname" value="HOUSDEN"/>
<interp inst="t18741214-name-32" type="given" value="EDWARD"/>EDWARD HOUSDEN</persName> </hi> (
<hi rend="italic">Policeman N</hi> 568). I was in the shed also and saw the two prisoners and two other men come there—I saw Rogers put the bridle on the horse, and Roberts was assisting to put on the saddle—I ran after Rogers, who ran along side of the off wheel—I followed him until I slipped and fell, and I then lost sight of him—I saw him distinctly that night—I swear that—I was present the next morning when he was taken into custody.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. MONTAGU WILLIAMS</hi>. I saw Rogers about 9.35—I knew him by sight;</p>
<hi rend="smallCaps">
<persName id="t18741214-name-33" type="witnessName">
<interp inst="t18741214-name-33" type="gender" value="male"/>
<interp inst="t18741214-name-33" type="surname" value="FIELD"/>
<interp inst="t18741214-name-33" type="given" value="GEORGE HARDING"/>GEORGE HARDING FIELD</persName> </hi>. I live in Chatsworth Road, Stepney—on Thursday morning, 19th November, about 7.45, I saw Rogers and another man—they went into a piece of ground which is called the Crescent, where there was a grey horse and a roan mare, which I thought was a bay—they went and unhobbled her, and took her out of the ground a quarter of a mils towards Mr. Brandon's—I followed and saw a cart turned upside down against a shed—I pulled it up, and found a set of harness in it—there had been a name on the cart, but it was scratched off—two men came up to me at the time and said "Holloa, you did not find the plant first"—I know who they were, and I gave their names—they were not the two prisoners—I saw the roan mare about a quarter of a mile from the shed—she was in a good condition, she had a good deal of mud on her, and had sweated a good deal, and I could not tell what colour she was—she had four new shoes on, but no farrier's name' on the shoes—I had never seen her before—I saw her again at the Worship Street Police Court.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. MONTAGU WILLIAMS</hi>. I examined the mare round—it was 7.45 in the morning when I saw Rogers with another man—I have never been charged with anything—I was never charged at Hackney with obtaining goods by false pretences—that is a mistake.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-34" type="witnessName">
<interp inst="t18741214-name-34" type="gender" value="male"/>
<interp inst="t18741214-name-34" type="surname" value="SHACKLETON"/>
<interp inst="t18741214-name-34" type="given" value="EDWARD JOWETT"/>EDWARD JOWETT SHACKLETON</persName> </hi> (
<hi rend="italic">re-called</hi>). I saw the cart which has been spoken about, and identified it as my cart which I had lost on the 13th—I had had it about a week or ten days—it was new, except the axle and springs—the name was partly scratched off when I saw it.</p>
<xptr type="pageFacsimile" doc="187412140008"/>
<hi rend="italic">Witnesses for Rogers.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741214-name-35" type="witnessName">
<interp inst="t18741214-name-35" type="gender" value="male"/>
<interp inst="t18741214-name-35" type="surname" value="MEEKING"/>
<interp inst="t18741214-name-35" type="given" value="CHARLES"/>CHARLES MEEKING</persName> </hi>. On 19th November I saw the prisoner Rogers between 9.30 and 10 o'clock in the morning in the Priory fields—he left there with his own black pony—I knew that he had two horses for sale the next day.</p>
<hi rend="italic">Cross-examined.</hi> I am speaking of Thursday, the 19th—I remember it, because I had a horse exercising there—I did not do that every day, but two or three times a week—I am not in Rogers' employ—I went up before the Magistrate, but I was not examined.</p>
<hi rend="italic">Re-examined.</hi> I heard he was in custody on the Saturday morning.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-36" type="witnessName">
<interp inst="t18741214-name-36" type="gender" value="male"/>
<interp inst="t18741214-name-36" type="surname" value="YEO"/>
<interp inst="t18741214-name-36" type="given" value="WILLIAM"/>WILLIAM YEO</persName> </hi>. On the 19th November I went to Mrs. Rogers' house, 25, Digby Road, at 8.45—I called James Rogers at his house, and he came out about 9.15 with his brother Samuel, and I went to the stables to clip a horse belonging to James Rogers—Samuel Rogers waited about ten minutes in the stable with me, and then went away—he came back to the stable at 11 o'clock with a black cob in harness, and fetched away a load of carrots—I saw him again at 3 o'clock at his brother's stable, where he remained till 3.45, when he left to have his tea—the stable is in Digby Road, Homerton—I know that Rogers has bad feet and has difficulty in walking.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-37" type="witnessName">
<interp inst="t18741214-name-37" type="gender" value="female"/>
<interp inst="t18741214-name-37" type="surname" value="HUSBAND"/>
<interp inst="t18741214-name-37" type="given" value="SUSANNAH"/>SUSANNAH HUSBAND</persName> </hi>. I know Rogers by sight—on the night of 19th November, about 7.45, he came to me for some harness which had been left to be mended with my son—my son was out, and the prisoner waited about ten minutes in the shop, and then he said it was not worth while waiting; he would come in again in a quarter of an hour, and see if my son was at home—he came back about 7.55, and stopped till about 8.10, it might have been less or more.</p>
<hi rend="italic">Cross-examined.</hi> I did not go before the Magistrate.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-38" type="witnessName">
<interp inst="t18741214-name-38" type="gender" value="female"/>
<interp inst="t18741214-name-38" type="surname" value="RILEY"/>
<interp inst="t18741214-name-38" type="given" value="ALICE"/>ALICE RILEY</persName> </hi>. I am the wife of Henry Riley, 71, Palace Road, Wells Street, Hackney—I saw the prisoner Rogers on the 19th November—he came into my shop about 7.50, and he went out about 8.30—I live opposite to Mrs. Husband—he went there to take some harness to be mended, he told me when he came in—he came to me twice, and left for the last time at 8.30.</p>
<hi rend="italic">Cross-examined.</hi> It was on a Thursday evening—he had been at my shop many times' before—I heard on the Friday evening late that he had been taken—my husband was at the market at the time he was taken—I attended at Worship Street, but I was not called—the defendant was repre
<lb/>sented by a solicitor.</p>
<hi rend="italic">Re-examined.</hi> I heard he was taken into custody the day after he had been to my place.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-39" type="witnessName">
<interp inst="t18741214-name-39" type="gender" value="male"/>
<interp inst="t18741214-name-39" type="surname" value="ROGERS"/>
<interp inst="t18741214-name-39" type="given" value="JAMES"/>JAMES ROGERS</persName> </hi>. I am the prisoner's brother—I remember seeing him on the 19th November, about 7.15 in the evening—he left me about 7.45—I met him again at 8.40 at a coffee-shop in Wells Street, and went home with him—he remained there till 9.15, cleaning a set of harness, and then he asked me to help him carry the harness to the stable, and I went with him—we went to the Duke of York, and then went with the harness to his stables in Brooksby Street—we put the harness in there, and went back to the Duke of York, and got back home about 10.30.</p>
<hi rend="italic">Cross-examined.</hi> The harness he was cleaning was a set he had bought of a fishmonger on the Monday or Tuesday—he had two horses, a black one and a grey one—he had the black one home on the Friday before—I</p>
<xptr type="pageFacsimile" doc="187412140009"/>
<p>never saw the prisoner Roberts before—I never saw him in my brother's company—I was not called before the Magistrate.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-40" type="witnessName">
<interp inst="t18741214-name-40" type="gender" value="male"/>
<interp inst="t18741214-name-40" type="surname" value="ROGERS"/>
<interp inst="t18741214-name-40" type="given" value="WILLIAM"/>WILLIAM ROGERS</persName> </hi>. I am a brother of the prisoner, and live in the same house with him—I was not up when he went to bed on the 19th—I did not sleep in the same room with him.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-41" type="witnessName">
<interp inst="t18741214-name-41" type="gender" value="female"/>
<interp inst="t18741214-name-41" type="surname" value="ROGERS"/>
<interp inst="t18741214-name-41" type="given" value="JANE"/>JANE ROGERS</persName> </hi>. I am the prisoner's mother—he has always suffered from bad feet, and has difficulty in walking—he is not able to run—he slept at home on the night of the 19th November—he was at home during the evening till 7 o'clock, and he came in again at 8.45, and stopped till 9.15, when he took the harness down to his stables—I went to bed about 10 o'clock, and he came in with my other son, James, soon after.</p>
<hi rend="italic">Cross-examined.</hi> He came in about 8.45 and stopped till 9.15—I did not look at the clock, that was as near the time as I could tell—I was at the Police Court when my son was brought up there on this charge—I was not called as a witness, no witnesses were called in I think.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-42" type="witnessName">
<interp inst="t18741214-name-42" type="gender" value="male"/>
<interp inst="t18741214-name-42" type="surname" value="COLEMAN"/>
<interp inst="t18741214-name-42" type="given" value="WILLIAM"/>WILLIAM COLEMAN</persName> </hi>. On 19th November. I was in the Duke of York public-house in the Digby Road between 9.15 and 9.45—I saw the prisoner Rogers outside and spoke to him, he had some harness on his back.</p>
<hi rend="italic">Cross-examined.</hi> I was first reminded that I had seen him outside the public-house on the Friday morning when I heard he was locked up—I told Mrs. Rogers that I had seen him on the Thursday night—when I had heard on the Friday evening that a charge had been made against him I remem
<lb/>bered then that I had Been him.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-43" type="witnessName">
<interp inst="t18741214-name-43" type="gender" value="male"/>
<interp inst="t18741214-name-43" type="surname" value="BOON"/>
<interp inst="t18741214-name-43" type="given" value="RICHARD"/>RICHARD BOON</persName> </hi>. I was at the Duke of York public-house on 19th November between 9.15 and 9.30—I saw Samuel Rogers there and spoke to him—I heard the next morning that he had been into custody.</p>
<hi rend="italic">Rogers received a good character.</hi> </p>
<hi rend="smallCaps">MR. STRAIGHT</hi>
<hi rend="italic">stated that after the evidence he would not press the case against Rogers and an acquittal was taken as to him.</hi> </p>
<hi rend="italic">Witnesses for Roberts.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741214-name-44" type="witnessName">
<interp inst="t18741214-name-44" type="gender" value="male"/>
<interp inst="t18741214-name-44" type="surname" value="CHAPMAN"/>
<interp inst="t18741214-name-44" type="given" value="GEORGE"/>GEORGE CHAPMAN</persName> </hi> (
<hi rend="italic">re-called by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>). I followed Roberts from the shed—I saw him run through the fence and I went through as well into the nursery garden—I did not lose sight of him for more than a minute when he bobbed down in the bushes—he went through one part of the fence and I went through another and apprehended him—there is a sort of style there—I got out before he did and he was walking towards me—I walked alongside of him a few yards before I laid hold of him—he had a boil on his face and there was a patch, I saw it when he was harnessing the horse—I said that at the Police Court—he had a patch on his face when I stopped him—he was coming towards me from the direction of Stepney—I was waiting for him.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">MR. STRAIGHT</hi>. I had not seen him before he brought the horse up to the shed—I saw then that he had a patch on his face—he was out of breath when I came up to him—I saw him get through the fence and I got through a few yards lower down and he came towards where I had got through.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-45" type="witnessName">
<interp inst="t18741214-name-45" type="gender" value="male"/>
<interp inst="t18741214-name-45" type="surname" value="BRITTEN"/>
<interp inst="t18741214-name-45" type="given" value="CHARLES"/>CHARLES BRITTEN</persName> </hi>. I am a baker at 9, Friar Street, Blackfriars Road—I know Roberts—I was at Kingston Fair on Friday, 13th November—I saw Roberts there the whole of the day up to dusk—he had got a barrow there with cocoanuts—I don't know where he slept that night.</p>
<hi rend="italic">Cross-examined.</hi> I met him occasionally while I was round the fair—I saw him for about three hours in between till dusk—Kingston Fair is both a horse and pleasure fair—they are close together.</p>
<xptr type="pageFacsimile" doc="187412140010"/>
<hi rend="smallCaps">
<persName id="t18741214-name-46" type="witnessName">
<interp inst="t18741214-name-46" type="gender" value="male"/>
<interp inst="t18741214-name-46" type="surname" value="STANFORD"/>
<interp inst="t18741214-name-46" type="given" value="ALFRED"/>ALFRED STANFORD</persName> </hi>. I keep the Running Horse at Kingston—I remember Kingston Fair, it was on Friday, 13th November—I saw Roberts at my house that night, he slept there—he went to bed about 11 o'clock—I saw him in the evening between 6 and 7 o'clock when he took the bed—he had his barrow and cocoanuts with him—I saw him having his breakfast about 9 o'clock the next morning—he said he wanted the bed that day and he was to let me know, and I sent my little girl and he sent a message back—he did not stop there that night—the last I saw of him was on the Saturday morning about 9 o'clock.</p>
<hi rend="italic">Cross-examined.</hi> Kingston Fair lasts three or four days.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-47" type="witnessName">
<interp inst="t18741214-name-47" type="gender" value="male"/>
<interp inst="t18741214-name-47" type="surname" value="POWELL"/>
<interp inst="t18741214-name-47" type="given" value="JAMES"/>JAMES POWELL</persName> </hi>. I live at Flying Horse Yard, Blackman Street, Borough, and am a mat maker—I was at Kingston Fair on Saturday, the 14th November—I saw Roberts at the fair with some cocoanuts—I got there in the morning time and he was there then—I left the fair about 10.40 to catch the 10.50 train—I left him there then—he was with his barrow and was about to put his things up—I saw him the next day, Sunday, at my house in the Borough—I went again to the fair on Monday and he was there the whole day—I came up to Waterloo station with him where we arrived about 10.50—I left him about 12.30—I did not see him on the 17th—I saw him on the 18th at his father's garden in Victoria Place, Luke's Fields, Walworth.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-48" type="witnessName">
<interp inst="t18741214-name-48" type="gender" value="male"/>
<interp inst="t18741214-name-48" type="surname" value="BRITTEN"/>
<interp inst="t18741214-name-48" type="given" value="CHARLES"/>CHARLES BRITTEN</persName> </hi> (
<hi rend="italic">re-called</hi>). I saw the prisoner on Thursday, the 19th, he came past my gates before I went to my dinner, about 1.30 or 1.45—I was in the stables, and the gates were open, and he looked in and said "Halloo, how do you do?" and one or two words passed, and he went away—that was the last I saw of him till this moment.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-49" type="witnessName">
<interp inst="t18741214-name-49" type="gender" value="male"/>
<interp inst="t18741214-name-49" type="surname" value="TREVOR"/>
<interp inst="t18741214-name-49" type="given" value="SAMUEL"/>SAMUEL TREVOR</persName> </hi>. I am a wood cutter—on the 19th November I saw Roberts—he came to the George public-house about 2 or 2.35—I was there—I should think he remained an hour, and we started away together to go to Peckham—we got there about 4 o'clock—we went in May's cart—I went there for the purpose of buying a cart, and when I got there it was sold—I was not one of the men that ran away—I parted with him about 6.30 at the Kent Road Bridge—I was going to buy Jem Thomas' cart—I don't know the shed where the horse and cart were found.</p>
<hi rend="italic">Cross-examined.</hi> I was going to buy a cart, and when we got to Peckham it was sold—the man it belonged to, Jem Thomas, told me it was for sale; it was not the prisoner told me the cart was for sale—I met him at the public house, and he jumped up behind—Jem Thomas is not here.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-50" type="witnessName">
<interp inst="t18741214-name-50" type="gender" value="male"/>
<interp inst="t18741214-name-50" type="surname" value="MAT"/>
<interp inst="t18741214-name-50" type="given" value="CHARLES"/>CHARLES MAT</persName> </hi>. I am a wood cutter, at 1, Hercules Buildings, New Cut, Lambeth—I know Roberts by seeing him and passing by—I was with Tervor on the 19th February about 2.40 in the Waterloo Road at a public-house, and we went from there to Peckham Rye in my cart and pony—he went to buy an old cart for 1
<hi rend="italic">l</hi>.—the prisoner went with us—we got to Peckham Rye about 4 o'clock—we came from there to the Kent Road Bridge, and the prisoner left, and I went home to where I live—it was about 6.10 or 6.20 when he left; I can't say for five minutes, and have not seen him since till now.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-51" type="witnessName">
<interp inst="t18741214-name-51" type="gender" value="male"/>
<interp inst="t18741214-name-51" type="surname" value="ROGERS"/>
<interp inst="t18741214-name-51" type="given" value="SAMUEL"/>SAMUEL ROGERS</persName> </hi> (
<hi rend="italic">the Prisoner</hi>). I did not see anything of Roberts on the 19th—I never saw him before—he is a stranger to me; I was not with him that day at 4 o'clock or at 9 o'clock—I don't know anything about him—I had a horse in that field—I never saw the cart; I saw the horse—I be
<lb/>lieve there was a shed there—I don't know when the cart came there, nor the horse either.</p>
<hi rend="smallCaps">
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<interp inst="t18741214-68-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
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<interp inst="def1-69-18741214" type="gender" value="male"/>
<interp inst="def1-69-18741214" type="age" value="16"/>
<interp inst="def1-69-18741214" type="surname" value="WELLS"/>
<interp inst="def1-69-18741214" type="given" value="EDWARD"/>
<hi rend="largeCaps">EDWARD WELLS</hi> (16)</persName>,
<hi rend="smallCaps">
<rs id="t18741214-69-verdict-1" type="verdictDescription">
<interp inst="t18741214-69-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741214-69-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18741214-69-offence-1" type="offenceDescription">
<interp inst="t18741214-69-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18741214-69-offence-1" type="offenceSubcategory" value="forgery"/>. to four indictments for forging and uttering orders for the payment of money, with intent to de
<lb/>fraud, having been before convicted in May, 1874—</rs>
<hi rend="italic">
<rs id="t18741214-69-punishment-4" type="punishmentDescription">
<interp inst="t18741214-69-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18741214-69-punishment-4" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-69-18741214 t18741214-69-punishment-4"/>Seven Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18741214-70">
<interp inst="t18741214-70" type="uri" value="sessionsPapers/18741214"/>
<interp inst="t18741214-70" type="date" value="18741214"/>
<join result="criminalCharge" id="t18741214-70-charge-1" targOrder="Y" targets="def1-70-18741214 t18741214-70-offence-1 t18741214-70-verdict-1"/>
<persName id="def1-70-18741214" type="defendantName">
<interp inst="def1-70-18741214" type="gender" value="male"/>
<interp inst="def1-70-18741214" type="age" value="41"/>
<interp inst="def1-70-18741214" type="surname" value="NEWMAN"/>
<interp inst="def1-70-18741214" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE NEWMAN</hi> (41)</persName>
<rs id="t18741214-70-verdict-1" type="verdictDescription">
<interp inst="t18741214-70-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741214-70-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs>
<rs id="t18741214-70-offence-1" type="offenceDescription">
<interp inst="t18741214-70-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18741214-70-offence-1" type="offenceSubcategory" value="bigamy"/>, to feloniously marrying
<persName id="t18741214-name-54">
<interp inst="t18741214-name-54" type="gender" value="female"/>
<interp inst="t18741214-name-54" type="surname" value="HOLLAND"/>
<interp inst="t18741214-name-54" type="given" value="HENRIETTA"/>Hen
<lb/>rietta Holland</persName>, his wife being alive—</rs>
<rs id="t18741214-70-punishment-5" type="punishmentDescription">
<interp inst="t18741214-70-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18741214-70-punishment-5" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-70-18741214 t18741214-70-punishment-5"/>
<hi rend="italic">Four Months' Imprisonment.</hi> </rs> And</p> </div1>
<div1 type="trialAccount" id="t18741214-71">
<interp inst="t18741214-71" type="uri" value="sessionsPapers/18741214"/>
<interp inst="t18741214-71" type="date" value="18741214"/>
<join result="criminalCharge" id="t18741214-71-charge-1" targOrder="Y" targets="def1-71-18741214 t18741214-71-offence-1 t18741214-71-verdict-1"/>
<persName id="def1-71-18741214" type="defendantName">
<interp inst="def1-71-18741214" type="gender" value="male"/>
<interp inst="def1-71-18741214" type="age" value="22"/>
<interp inst="def1-71-18741214" type="surname" value="HAYTER"/>
<interp inst="def1-71-18741214" type="given" value="EDWARD"/>
<hi rend="largeCaps">EDWARD HAYTER</hi> (22)</persName>
<rs id="t18741214-71-verdict-1" type="verdictDescription">
<interp inst="t18741214-71-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741214-71-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs>
<rs id="t18741214-71-offence-1" type="offenceDescription">
<interp inst="t18741214-71-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18741214-71-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, to stealing 8
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. of
<persName id="t18741214-name-56" type="victimName">
<interp inst="t18741214-name-56" type="gender" value="male"/>
<interp inst="t18741214-name-56" type="surname" value="BATEMAN"/>
<interp inst="t18741214-name-56" type="given" value="ROBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t18741214-71-offence-1 t18741214-name-56"/>Robert Bateman</persName>, his master—</rs>
<rs id="t18741214-71-punishment-6" type="punishmentDescription">
<interp inst="t18741214-71-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18741214-71-punishment-6" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-71-18741214 t18741214-71-punishment-6"/>
<hi rend="italic">Twelve Months' Imprisonment.</hi> </rs> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>
<hi rend="italic">Monday, December</hi> 14
<hi rend="italic">th</hi>, 1874.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18741214-72">
<interp inst="t18741214-72" type="uri" value="sessionsPapers/18741214"/>
<interp inst="t18741214-72" type="date" value="18741214"/>
<join result="criminalCharge" id="t18741214-72-charge-1" targOrder="Y" targets="def1-72-18741214 t18741214-72-offence-1 t18741214-72-verdict-1"/>
<persName id="def1-72-18741214" type="defendantName">
<interp inst="def1-72-18741214" type="gender" value="male"/>
<interp inst="def1-72-18741214" type="age" value="40"/>
<interp inst="def1-72-18741214" type="surname" value="MURRAY"/>
<interp inst="def1-72-18741214" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS MURRAY</hi> (40)</persName>,
<hi rend="smallCaps">
<rs id="t18741214-72-verdict-1" type="verdictDescription">
<interp inst="t18741214-72-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741214-72-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.
<rs id="t18741214-72-offence-1" type="offenceDescription">
<interp inst="t18741214-72-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18741214-72-offence-1" type="offenceSubcategory" value="burglary"/>to burglariously break
<lb/>ing and entering the dwelling house of
<persName id="t18741214-name-58" type="victimName">
<interp inst="t18741214-name-58" type="gender" value="male"/>
<interp inst="t18741214-name-58" type="surname" value="WINCKWORTH"/>
<interp inst="t18741214-name-58" type="given" value="LEWIS"/>
<join result="offenceVictim" targOrder="Y" targets="t18741214-72-offence-1 t18741214-name-58"/>Lewis Winckworth</persName>, and stealing therefrom one gold pencil case, and other articles, his property—</rs>
<hi rend="italic">
<rs id="t18741214-72-punishment-7" type="punishmentDescription">
<interp inst="t18741214-72-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18741214-72-punishment-7" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-72-18741214 t18741214-72-punishment-7"/>Nine Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18741214-73">
<interp inst="t18741214-73" type="uri" value="sessionsPapers/18741214"/>
<interp inst="t18741214-73" type="date" value="18741214"/>
<join result="criminalCharge" id="t18741214-73-charge-1" targOrder="Y" targets="def1-73-18741214 t18741214-73-offence-1 t18741214-73-verdict-1"/>
<persName id="def1-73-18741214" type="defendantName">
<interp inst="def1-73-18741214" type="gender" value="male"/>
<interp inst="def1-73-18741214" type="age" value="19"/>
<interp inst="def1-73-18741214" type="surname" value="SMITH"/>
<interp inst="def1-73-18741214" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES SMITH</hi> (19)</persName>
<rs id="t18741214-73-offence-1" type="offenceDescription">
<interp inst="t18741214-73-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18741214-73-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">
<persName id="t18741214-name-60" type="witnessName">
<interp inst="t18741214-name-60" type="gender" value="male"/>
<interp inst="t18741214-name-60" type="surname" value="MICHELE"/>
<interp inst="t18741214-name-60" type="given" value="DE"/>MR. DE MICHELE</persName> </hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. BOXALL</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741214-name-61" type="witnessName">
<interp inst="t18741214-name-61" type="gender" value="female"/>
<interp inst="t18741214-name-61" type="surname" value="CLARK"/>
<interp inst="t18741214-name-61" type="given" value="MARY"/>MARY CLARK</persName> </hi>. I am the wife of James Clark, who manages the Grapes, Covent Garden—on 30th October, between 7 and 8 o'clock, I served the prisoner with half an ounce of tobacco and some porter—he gave me a shil
<lb/>ling—I tried it, told him it was bad, and asked him if he had got any more—he said "No"—my husband took the shilling—the beer and tobacco came to 4
<hi rend="italic">d</hi>.—he gave me 2
<hi rend="italic">d</hi>. and returned the tobacco—he went outside, and a policeman brought him back—my husband would not give him in custody, but told the policeman to watch him.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-62" type="witnessName">
<interp inst="t18741214-name-62" type="gender" value="male"/>
<interp inst="t18741214-name-62" type="surname" value="CLARK"/>
<interp inst="t18741214-name-62" type="given" value="JAMES"/>JAMES CLARK</persName> </hi>. I gave the shilling to the policeman—I did not give the prisoner in charge, but he took him, and he was taken before a Magistrate, remanded, and discharged.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-63" type="witnessName">
<interp inst="t18741214-name-63" type="gender" value="male"/>
<interp inst="t18741214-name-63" type="surname" value="BLACK"/>
<interp inst="t18741214-name-63" type="given" value="CHRISTOPHER"/>CHRISTOPHER BLACK</persName> </hi> (
<hi rend="italic">Policeman E R</hi> 32). On the evening of 30th October, Mr. Clark gave me some information, and I found the prisoner walking rapidly across Covent Garden Market—I told him I should take him into custody—he said "You may search me if you like, you will find nothing else on me"—I took him back to the Grapes, and Mr. Clark gave me this shilling—I took the prisoner to Bow Street Station—he gave his name Thomas Allen, and produced his discharge from the army—Clark declined to prosecute him, and he was discharged.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-64" type="witnessName">
<interp inst="t18741214-name-64" type="gender" value="female"/>
<interp inst="t18741214-name-64" type="surname" value="PERRONI"/>
<interp inst="t18741214-name-64" type="given" value="VICTORIA"/>VICTORIA PERRONI</persName> </hi>. I am the wife of Louis Perroni, a dining-room keeper, of Holborn—on 17th November I served the prisoner with a penny bun—he gave me 1
<hi rend="italic">s</hi>. and I gave him 11
<hi rend="italic">d</hi>. in copper and put the shilling into the till when there was nothing but five penny pieces—he left, and afterwards another man came in and tendered a bad shilling to the waiter—it was found out, and almost immediately I saw the prisoner and the other man crossing the road together—I touched the prisoner on the shoulder, charged him, and showed him the bad shilling—I gave him in custody with the two shillings—the other man walked off fast.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-65" type="witnessName">
<interp inst="t18741214-name-65" type="gender" value="male"/>
<interp inst="t18741214-name-65" type="surname" value="HOLMES"/>
<interp inst="t18741214-name-65" type="given" value="HEROD"/>HEROD HOLMES</persName> </hi> (
<hi rend="italic">Policeman E</hi> 357). Mrs. Perroni gave the prisoner into my custody with this shilling—he was walking with another man—I searched him in the shop and only found on him 1
<hi rend="italic">d</hi>. and a discharge from the army.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-66" type="witnessName">
<interp inst="t18741214-name-66" type="gender" value="male"/>
<interp inst="t18741214-name-66" type="surname" value="WEBSTER"/>
<interp inst="t18741214-name-66" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These three shillings are bad.</p>
<hi rend="italic">Prisoner's Defence.</hi> I am not guilty of uttering one.</p>
<hi rend="smallCaps">
<rs id="t18741214-73-verdict-1" type="verdictDescription">
<interp inst="t18741214-73-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741214-73-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>-
<hi rend="italic">
<rs id="t18741214-73-punishment-8" type="punishmentDescription">
<interp inst="t18741214-73-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18741214-73-punishment-8" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-73-18741214 t18741214-73-punishment-8"/>Nine Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18741214-74">
<interp inst="t18741214-74" type="uri" value="sessionsPapers/18741214"/>
<interp inst="t18741214-74" type="date" value="18741214"/>
<join result="criminalCharge" id="t18741214-74-charge-1" targOrder="Y" targets="def1-74-18741214 t18741214-74-offence-1 t18741214-74-verdict-1"/>
<xptr type="pageFacsimile" doc="187412140012"/>
<persName id="def1-74-18741214" type="defendantName">
<interp inst="def1-74-18741214" type="gender" value="male"/>
<interp inst="def1-74-18741214" type="age" value="30"/>
<interp inst="def1-74-18741214" type="surname" value="GIBBS"/>
<interp inst="def1-74-18741214" type="given" value="RICHARD"/>
<hi rend="largeCaps">RICHARD GIBBS</hi> (30)</persName>
<rs id="t18741214-74-offence-1" type="offenceDescription">
<interp inst="t18741214-74-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18741214-74-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously cutting and wounding
<persName id="t18741214-name-68" type="victimName">
<interp inst="t18741214-name-68" type="gender" value="female"/>
<interp inst="t18741214-name-68" type="surname" value="HALL"/>
<interp inst="t18741214-name-68" type="given" value="FLORA JANE"/>
<join result="offenceVictim" targOrder="Y" targets="t18741214-74-offence-1 t18741214-name-68"/>Flora Jane Hall</persName>, with intent to do her some grievous bodily harm.</rs> </p>
<hi rend="smallCaps">MR. ST. AUBYN</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741214-name-69" type="witnessName">
<interp inst="t18741214-name-69" type="gender" value="female"/>
<interp inst="t18741214-name-69" type="surname" value="HALL"/>
<interp inst="t18741214-name-69" type="given" value="FLORA JANE"/>FLORA JANE HALL</persName> </hi>. I am single, and live at 1, St. James's Court, West-minter—on 24th November, about 1.30 a.m., I went home and found the prisoner in my room—we had a quarrel, and he fastened the door, pushed me backwards on the bed, and slit my nose—it must have been done with a knife—I was taken to the hospital and it was sewn up—I was there for a week—he was sober; he never drinks, but I aggravated him greatly.</p>
<hi rend="italic">Prisoner. Q.</hi> When you came home did not you commence kicking me?
<hi rend="italic">A.</hi> Certainly not—you were not in bed, you were sitting up for me to come home—I did not pour a jug of water over you in bed, nor did I threaten to do so—you struck me with your fist once—I saw the knife in your hand after the, blow was struck—it was taken from you at the Police Station—I did not see you take it off the table, but I conclude that you did—I-did not see a key in your hand.</p>
<hi rend="smallCaps">COURT</hi>.
<hi rend="italic">Q.</hi> Was it a clasp knife?.
<hi rend="italic">A.</hi> No, an ordinary table knife—when I first knew him I lived with him for a couple of months, but he was rather inclined to be jealous of me—I had left him for some little time—these were my lodgings—when I got in I found him waiting for me and we were on friendly terms for a very few minutes—I told him that I did not want him, and he said that if I would give him 4
<hi rend="italic">d</hi>. he would go—I said "Here is 4
<hi rend="italic">d</hi>.," and then he struck me.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-70" type="witnessName">
<interp inst="t18741214-name-70" type="gender" value="male"/>
<interp inst="t18741214-name-70" type="surname" value="MORE"/>
<interp inst="t18741214-name-70" type="given" value="THOMAS"/>THOMAS MORE</persName> </hi> (
<hi rend="italic">Policeman B</hi> 229). I was on duty and heard screams of "Murder!"—I went to the room and found the door fastened—I called to them to open it—the prosecutrix opened it and the prisoner had got her back on the bed struggling; she was bleeding profusely from the forehead—this knife (
<hi rend="italic">produced</hi>) was in the prisoner's hand—I took him to the station and her to the hospital—the prisoner said that the scratch was from his nail.</p>
<hi rend="italic">Prisoner. Q.</hi> Did not I take a knife off the table and give it to you when I came in?
<hi rend="italic">A.</hi> No, you had it in your hand and said that she tried to use it on you and you took it from her and gave her a blow and did it with your nail.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-71" type="witnessName">
<interp inst="t18741214-name-71" type="gender" value="male"/>
<interp inst="t18741214-name-71" type="surname" value="DAVIS"/>
<interp inst="t18741214-name-71" type="given" value="WILLIAM CHARLES"/>WILLIAM CHARLES DAVIS</persName> </hi>. I am house-surgeon at Westminster Hospital—I examined the prosecutrix there—she was suffering from an incised wound about an inch and a quarter long from "her forehead down to the bridge of her nose, and a quarter of an inch deep—a knife like this would cause it—she was weak from loss of blood—I sewed up the wound—it was a dangerous wound and I strongly advised her to come into the hospital; she would not, but she was brought back the same morning and stopped there nearly a week, having an attack of erysipelas which was the result of the wound, and which placed her life in peril—the wound could not have been done with a nail, it was a clean incised wound.</p>
<hi rend="italic">Prisoner.</hi> I had a key in my hand at-the time.
<hi rend="italic">Witness.</hi> That would have made a contused wound.</p>
<hi rend="italic">The Prisoner's Statement before the Magistrate:</hi> "She tried to stab me with a knife. I took it from her and gave it to the policeman."</p>
<hi rend="italic">He also produced a written defence to the same effect.</hi> </p>
<rs id="t18741214-74-verdict-1" type="verdictDescription">
<interp inst="t18741214-74-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741214-74-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of unlawfully wounding</hi></rs>
<hi rend="italic">
<rs id="t18741214-74-punishment-9" type="punishmentDescription">
<interp inst="t18741214-74-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18741214-74-punishment-9" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-74-18741214 t18741214-74-punishment-9"/>Six Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18741214-75">
<interp inst="t18741214-75" type="uri" value="sessionsPapers/18741214"/>
<interp inst="t18741214-75" type="date" value="18741214"/>
<join result="criminalCharge" id="t18741214-75-charge-1" targOrder="Y" targets="def1-75-18741214 t18741214-75-offence-1 t18741214-75-verdict-1"/>
<persName id="def1-75-18741214" type="defendantName">
<interp inst="def1-75-18741214" type="gender" value="male"/>
<interp inst="def1-75-18741214" type="age" value="25"/>
<interp inst="def1-75-18741214" type="surname" value="PARTRIDGE"/>
<interp inst="def1-75-18741214" type="given" value="JOSEPH"/>
<interp inst="def1-75-18741214" type="occupation" value="drawing-room waiter"/>
<hi rend="largeCaps">JOSEPH PARTRIDGE</hi> (25)</persName>
<rs id="t18741214-75-offence-1" type="offenceDescription">
<interp inst="t18741214-75-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18741214-75-offence-1" type="offenceSubcategory" value="burglary"/>, Burglariously breaking and entering the dwelling-house of the Eight Hon.
<persName id="t18741214-name-73" type="victimName">
<interp inst="t18741214-name-73" type="gender" value="male"/>
<interp inst="t18741214-name-73" type="surname" value="CARDWELL"/>
<interp inst="t18741214-name-73" type="given" value="EDWARD"/>
<interp inst="t18741214-name-73" type="occupation" value="viscount"/>
<join result="offenceVictim" targOrder="Y" targets="t18741214-75-offence-1 t18741214-name-73"/>Edward, Viscount Cardwell</persName> and others, and stealing therein two bottles of lemonade, their property.</rs> </p>
<xptr type="pageFacsimile" doc="187412140013"/>
<hi rend="smallCaps">MESSRS. BESLEY</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">GOODMAN</hi>
<hi rend="italic">conducted the. Prosecution; and</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741214-name-74" type="witnessName">
<interp inst="t18741214-name-74" type="gender" value="male"/>
<interp inst="t18741214-name-74" type="surname" value="SPALDING"/>
<interp inst="t18741214-name-74" type="given" value="WILLIAM"/>WILLIAM SPALDING.</persName> </hi> I am smoking-room superintendent at the New University Club, St. James's Street, and have been so for two years and a quarter—the prisoner was drawing-room waiter for ten months, but left about four months ago—on 1st December my attention was attracted to the stranger's dining-room; there appeared to be a face looking through the ground glass—I pushed the door open, and fancied I heard a scuffling—I halloed out to know if anyone was there, and receiving no answer, I took out a match, struck it, and found the prisoner on his hands and knees under the table—he had no shoes on—I knew him, and asked him what he was going to do there—he said "I am going to sleep there"—I asked him how he came there; he said "I rushed past the night porter when he was looking another way, don't make any row about it, as I have been drinking with Litton, and I induced him to let me come and sleep at the Club as I was too drunk and too late to go to my own club to sleep"—I said "Does the night porter know you are here!—he said "No"—I said "You will have to come with me down to the night porter, and we will see about it"—he said that he did not come in with Litton, and that Litton was downstairs drunk—we went towards the hall porter, and when I had got down two or three steps I found he had gone back, and he must have got out at the coffee-room window, for he did not come down the staircase—Litton was not downstairs drunk; he sleeps on the premises, and we went to his pantry, but it was locked up—I did not go to his bedroom, and did not see him till 10.30 the next day.</p>
<hi rend="italic">Cross-examined.</hi> Members are frequently at the Club at 3 o'clock in the morning—I never saw anyone get drunk there—the prisoner was not drunk; he seemed to understand what he was saying and doing, and he did not tumble about—there were valuable things there, but nothing of value was missed.</p>
<hi rend="italic">Re-examined.</hi> Two gentlemen had just left the Club, and there was only me and the night porter there—the gentlemen had been in the smoking room—no one had been in the stranger's dining-room since 10 o'clock.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-75" type="witnessName">
<interp inst="t18741214-name-75" type="gender" value="male"/>
<interp inst="t18741214-name-75" type="surname" value="PARKER"/>
<interp inst="t18741214-name-75" type="given" value="JOHN"/>JOHN PARKER</persName> </hi>. I am the coffee-room superintendent—on Monday even
<lb/>ing, 1st December I locked up two drawers in the coffee-room at 9 o'clock—I kept cash in one and mineral waters in the other, and I left in it eight bottles of soda water and four of lemonade—on Tuesday morning at 8.30 I looked at the head waiter's drawer, which had been chipped and scratched near the lock—I then looked at my own drawer, and found that it had been forced and two bottles of lemonade taken from it; the empty bottles were under the table, and this chisel (
<hi rend="italic">produced</hi>) was under a desk.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-76" type="witnessName">
<interp inst="t18741214-name-76" type="gender" value="male"/>
<interp inst="t18741214-name-76" type="surname" value="HALL"/>
<interp inst="t18741214-name-76" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN HALL</persName> </hi>. I am carpenter at New University Club—this mortice and this screw driver are mine; they were kept in a workshop in the basement, but not locked up—I remember this long one especially being there on Monday when I left.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-77" type="witnessName">
<interp inst="t18741214-name-77" type="gender" value="male"/>
<interp inst="t18741214-name-77" type="surname" value="WATKINS"/>
<interp inst="t18741214-name-77" type="given" value="GEORGE"/>GEORGE WATKINS</persName> </hi>. I am steward of the Club—the prisoner was engaged in 1873 as coffee-room waiter; he remained about ten months, and was afterwards engaged at the Road Club—on 1st December, about 8.30, when I came downstairs I saw the hall porter, who told me something, and be
<xptr type="pageFacsimile" doc="187412140014"/>
<p>9 and 10 o'clock he and the prisoner entered my office—the prisoner said that he came to apologise for being in the Club, as he had no business there, but a tall man with long whiskers asked him to come in; that there had been a party at the Road Club, and he had had too much wine and went out of doors, but that did not do him any good, and the man said "Never mind the front door of the Club, come in through the window;" and so he did and found no one there, and he found this large whiskered man tampering with the drawers, and said to him "I don't like the look of this"—I said "I believe this is an untruth, it is not the first time you have told me tales of this kind; whenever you got into trouble, when you were in the service of the Club, you always made excuses and tried to put it on somebody else's shoulders"—I then sent for a policeman, and gave him into custody—he came there voluntarily—he did not explain why he had said nothing to the people in the Club when he saw the tall man tampering with the drawers.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-78" type="witnessName">
<interp inst="t18741214-name-78" type="gender" value="male"/>
<interp inst="t18741214-name-78" type="surname" value="DENNIS"/>
<interp inst="t18741214-name-78" type="given" value="CHARLES"/>CHARLES DENNIS</persName> </hi> (
<hi rend="italic">Policeman C</hi> 48). The prisoner was given into my custody between 9 and 10 o'clock—he was quite sober then—he said "I was drunk and did not know what I was doing."</p>
<hi rend="smallCaps">
<persName id="t18741214-name-79" type="witnessName">
<interp inst="t18741214-name-79" type="gender" value="male"/>
<interp inst="t18741214-name-79" type="surname" value="BUTCHER"/>
<interp inst="t18741214-name-79" type="given" value="CHARLES"/>CHARLES BUTCHER</persName> </hi> (
<hi rend="italic">Detective Officer</hi>). On this Tuesday morning, between 9 and 10 o'clock, I went to the New University Club and saw some drawers both locked and unlocked—one of them had been forced and there were marks on it to which I fitted this chisel and it corresponded—I searched the prisoner, but only found a few ordinary matches on him.</p>
<hi rend="italic">Cross-examined.</hi> He had no tobacco—he said that the window was not fastened.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-80" type="witnessName">
<interp inst="t18741214-name-80" type="gender" value="male"/>
<interp inst="t18741214-name-80" type="surname" value="PARKER"/>
<interp inst="t18741214-name-80" type="given" value="WILLIAM"/>WILLIAM PARKER</persName> </hi>, I am head waiter at the Club—on Monday evening, 30th November, I went round and examined the windows at 9.30 or 9.45 and left them safe except one window by which I think the prisoner must have got in—it appeared rather weak in the spring, but I did not think anybody could get in as it was fastened—I left the Club about 1.30 a.m. leaving my drawer and everything else perfectly secure—in the morning the drawer had been chipped about near the lock in two or three places.</p>
<hi rend="italic">Cross-examined.</hi> I did not say before the Magistrate "One of them has not fastened properly for some time past," I said that the spring was weak.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-81" type="witnessName">
<interp inst="t18741214-name-81" type="gender" value="male"/>
<interp inst="t18741214-name-81" type="surname" value="LITTON"/>
<interp inst="t18741214-name-81" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN LITTON</persName> </hi>. I am under "butler at the New University Club—on Monday evening, 30th November, I went out about 9.15 and came back about 12.15—I did not lock up the pantry because I was not on duty, but I went into the pantry to change my clothes and was in bed at 12.45—I was not in the prisoner's company that night, nor did I see him—I did not ask him to come to the Club to sleep—I was not drunk; I spoke to the hall porter when I came in.</p>
<hi rend="italic">Cross-examined.</hi> I had had a glass of bitter beer but nothing else the whole evening—I was assisting in dispensing the wine from 6 o'clock to 8.45, but had not been smelling it—it is against the rules for me to have any body on the premises after 5 o'clock and I should be discharged if I did so.</p>
<hi rend="italic">Re-examined.</hi> I went to the London Pavilion at about 8.45 where I met an old schoolfellow and then the late kitchen clerk's brother came up and another party, and I was with them all the evening—I had a glass of bitter ale and changed a half-sovereign and that was the only time I had anything from the time I left the Club—I had no intoxicating liquors at the Pavilion.</p>
<xptr type="pageFacsimile" doc="187412140015"/>
<hi rend="smallCaps">
<persName id="t18741214-name-82" type="witnessName">
<interp inst="t18741214-name-82" type="gender" value="male"/>
<interp inst="t18741214-name-82" type="surname" value="BENIFFICK"/>
<interp inst="t18741214-name-82" type="given" value="WILLIAM"/>WILLIAM BENIFFICK</persName> </hi>. I am night hall porter at the Club—on 30th November I saw Litton come into the Club at 12.25, he was perfectly sober—I left the club at 1 a.m. although one or two members had not left—Lytton went downstairs and when I lowered the gas he had gone upstairs to bed; I went up again to the front hall and Parker, the head waiter, come out of the strangers' room and I let him out at the front door, he does not sleep on the premises—I took a candle and went round the strangers' room and the coffee room—the prisoner was not there then—two members were in the smoking room at the top of the house—the coffee room windows were all closed down—I afterwards saw Spalding come down-stairs and go into the strangers' room—I heard him speak and saw a second person who I do not recognize there—I found the coffee room window open about 3 feet, and I could have gone through it into the street.
<hi rend="italic">The prisoner's father gave him a good character.</hi> </p>
<hi rend="smallCaps">
<rs id="t18741214-75-verdict-1" type="verdictDescription">
<interp inst="t18741214-75-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18741214-75-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18741214-76">
<interp inst="t18741214-76" type="uri" value="sessionsPapers/18741214"/>
<interp inst="t18741214-76" type="date" value="18741214"/>
<join result="criminalCharge" id="t18741214-76-charge-1" targOrder="Y" targets="def1-76-18741214 t18741214-76-offence-1 t18741214-76-verdict-1"/>
<persName id="def1-76-18741214" type="defendantName">
<interp inst="def1-76-18741214" type="gender" value="male"/>
<interp inst="def1-76-18741214" type="age" value="43"/>
<interp inst="def1-76-18741214" type="surname" value="BALL"/>
<interp inst="def1-76-18741214" type="given" value="WILLIAM HERBERT"/>
<hi rend="largeCaps">WILLIAM HERBERT BALL</hi> (43)</persName>
<rs id="t18741214-76-offence-1" type="offenceDescription">
<interp inst="t18741214-76-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18741214-76-offence-1" type="offenceSubcategory" value="forgery"/>, Felonionsly forging and uttering an order for 7
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. with intent to defraud.</rs> </p>
<hi rend="smallCaps">
<persName id="t18741214-name-84" type="witnessName">
<interp inst="t18741214-name-84" type="gender" value="male"/>
<interp inst="t18741214-name-84" type="surname" value="MICHELE"/>
<interp inst="t18741214-name-84" type="given" value="DE"/>MR. DE MICHELE</persName> </hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741214-name-85" type="witnessName">
<interp inst="t18741214-name-85" type="gender" value="male"/>
<interp inst="t18741214-name-85" type="surname" value="JONES"/>
<interp inst="t18741214-name-85" type="given" value="EDWARD"/>EDWARD JONES</persName> </hi>. I am a draper, of 42, Fulham Road—on 18th October the prisoner called on me and asked me to advance him 5
<hi rend="italic">l</hi>. on this cheque for 7
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., as he wanted to go to Swanswea—I had not got it and gave him two sovereigns on account—I sent the cheque to the bank in Sloane Square next morning and they detained the porter and returned the cheque marked "No account"—I did not see the prisoner again till ha was before the Magistrate—the cheque is signed in the name of Stephenson and the prisoner endorsed on it in my presence "Alfred Ball"</p>
<hi rend="italic">Prisoner. Q.</hi> Look again at the endorsement?
<hi rend="italic">A.</hi> It is "William Herbert Ball"—you brought the letter (
<hi rend="italic">produced</hi>) to my house on Sunday, about 8 p.m.—we had several conversations about going to Swansea together on a survey, and we were to have gone on Tuesday in the following week—you asked me on the Sunday night to advance you 5
<hi rend="italic">l</hi>. on a cheque which you had received from a surveyor and that you intended to have left this letter if I had been out—the cheque was not enclosed in it (
<hi rend="italic">The letter was dated</hi> 20,
<hi rend="italic">Gloucester Place, and requested the witness to accompany the prisoner to Swansea if still in the same mind</hi>). I agreed to be at your place next day at 12 o'clock to go to Swansea, and I went to the Bank at 10 o'clock—after going to the bank I waited at home till past 12 o'clock and then I went to Gloucester Place and found no such party there.</p>
<hi rend="italic">Re-examined.</hi> He never came back to me or said that he got the cheque from a surveyor on account.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-86" type="witnessName">
<interp inst="t18741214-name-86" type="gender" value="male"/>
<interp inst="t18741214-name-86" type="surname" value="MOSLYN"/>
<interp inst="t18741214-name-86" type="given" value="SETH"/>SETH MOSLYN</persName> </hi>. I am a mason in partnership with my brother at Chelsea—I missed my cheque book from a drawer before 10th October—there were three cheques in it, I believe—I do not remember the numbers, but this cheque is similar to them—I went to the bank at once, and on 12th October. received some information from the bank—I do not know anything of the prisoner.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-87" type="witnessName">
<interp inst="t18741214-name-87" type="gender" value="male"/>
<interp inst="t18741214-name-87" type="surname" value="SCOTT"/>
<interp inst="t18741214-name-87" type="given" value="JOSEPH WILLIAM"/>JOSEPH WILLIAM SCOTT</persName> </hi>. I am a clerk in the West London and Commer
<lb/>cial Bank, Sloane Square—this cheque is one of twenty-five issued to Mr. Moslyn—I identify it by the number which was a series of twenty-five, this being the last cheque in the book—we have no customer named Stephenson—all our cheques are green, but those to "Bearer" are printed differently—those to order are a pale mauve—these cheques are in a stone-coloured cover.</p>
<xptr type="pageFacsimile" doc="187412140016"/>
<hi rend="smallCaps">
<persName id="t18741214-name-88" type="witnessName">
<interp inst="t18741214-name-88" type="gender" value="female"/>
<interp inst="t18741214-name-88" type="surname" value="SHERRY"/>
<interp inst="t18741214-name-88" type="given" value="MARY ANN"/>MART ANN SHERRY</persName> </hi>. I am the wife of Charles Sherry, of 20, Godfrey Street, Chelsea—the prisoner came to lodge with us about 7th October and stayed three weeks—the first night he came I asked him for his rent—he produced a cheque-book, opened it, and took out a white cheque which was loose in the book—he did not tear it out—there were two or three green leaves in the book—he said "Don't be frightened for your rent, because I have got quite sufficient to pay you, I will cash this cheque and give you the money to-morrow night—he came home that evening and I asked him again for the rent as I had been so badly used by his brothers—he said "As soon as I can get this cheque I will give it to you—I could see writing on one of the green leaves—he came back the next night, 9th October, and paid me 4
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.</p>
<hi rend="italic">Prisoner. Q.</hi> Can you read and write?
<hi rend="italic">A.</hi> No—I did not appear at the first examination because I was very ill, but I appeared on the Friday—Clough subpoened me, but did not tell me what to say—it was a dirty green colour—you opened the cheque-book pretty well every time you came in.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-89" type="witnessName">
<interp inst="t18741214-name-89" type="gender" value="male"/>
<interp inst="t18741214-name-89" type="surname" value="MOSLYN"/>
<interp inst="t18741214-name-89" type="given" value="SETH"/>SETH MOSLYN</persName> </hi> (
<hi rend="italic">re-examined by the Prisoner</hi>). That was the colour of the cheque-book I lost.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-90" type="witnessName">
<interp inst="t18741214-name-90" type="gender" value="male"/>
<interp inst="t18741214-name-90" type="surname" value="MICHELE"/>
<interp inst="t18741214-name-90" type="given" value="DE"/>MR. DE MICHELE</persName> </hi> (
<hi rend="italic">to</hi>
<hi rend="smallCaps">MRS. SHERRY</hi>).
<hi rend="italic">Q.</hi> Is there any pretence for saying that Clough has told you what you were to say to-day?
<hi rend="italic">A.</hi> No—the cheque was loose in the book—I did not see the prisoner tear it out.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-91" type="witnessName">
<interp inst="t18741214-name-91" type="gender" value="male"/>
<interp inst="t18741214-name-91" type="surname" value="CLOUGH"/>
<interp inst="t18741214-name-91" type="given" value="EDWARD"/>EDWARD CLOUGH</persName> </hi> (
<hi rend="italic">Detective Officer B</hi>). I took the prisoner on a warrant on 15th November—he was getting off an omnibus near St. George's Barracks—I followed him into the canteen bar and took him in custody—there is no pretence for saying that I have told Mrs. Sherry what to say to-day, nor have I offered her any bribe.</p>
<hi rend="italic">Prisoner's Defence.</hi> I received this cheque on account of 10
<hi rend="italic">l</hi>. from a betting man. I had several transactions with him previously and always found everything straightforward. It being Saturday, and as I was running short, knowing Mr. Jones, I went to him and asked him to let me have a few shillings. I never thought of asking him for 5
<hi rend="italic">l</hi>. I said that when the bank opened I would pay him. He said "My dear fellow, I will run upstairs and see what the mistress has got," and he lent me 2
<hi rend="italic">l</hi>. On the Monday I heard that he had been to. the bank and had issued a warrant for my appre
<lb/>hension, and I naturally hesitated in going to his place, but went to find the man who gave it to me. I went to his usual haunts, but could not find him either in Ascot or Windsor. If I had intended a fraud I should have pressed for the whole amount or, at any rate, have forged the cheque for a larger amount. I know nothing of the cheque-book; the witness has been coached up about that. I was earning half a guinea a day and should not have placed myself in such a position for 2
<hi rend="italic">l</hi>.</p>
<hi rend="smallCaps">THE COURT</hi>
<hi rend="italic">handed the prisoner's letter to the Jury, asking them to compare the writing with that of the forged cheque, especially with regard to the signa
<lb/>ture of the Utter "S"</hi> </p>
<hi rend="smallCaps">
<rs id="t18741214-76-verdict-1" type="verdictDescription">
<interp inst="t18741214-76-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741214-76-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18741214-76-punishment-10" type="punishmentDescription">
<interp inst="t18741214-76-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18741214-76-punishment-10" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-76-18741214 t18741214-76-punishment-10"/>Five Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18741214-77">
<interp inst="t18741214-77" type="uri" value="sessionsPapers/18741214"/>
<interp inst="t18741214-77" type="date" value="18741214"/>
<join result="criminalCharge" id="t18741214-77-charge-1" targOrder="Y" targets="def1-77-18741214 t18741214-77-offence-1 t18741214-77-verdict-1"/>
<join result="criminalCharge" id="t18741214-77-charge-2" targOrder="Y" targets="def2-77-18741214 t18741214-77-offence-1 t18741214-77-verdict-1"/>
<join result="criminalCharge" id="t18741214-77-charge-3" targOrder="Y" targets="def3-77-18741214 t18741214-77-offence-1 t18741214-77-verdict-2"/>
<join result="criminalCharge" id="t18741214-77-charge-4" targOrder="Y" targets="def4-77-18741214 t18741214-77-offence-1 t18741214-77-verdict-2"/>
<persName id="def1-77-18741214" type="defendantName">
<interp inst="def1-77-18741214" type="gender" value="male"/>
<interp inst="def1-77-18741214" type="age" value="18"/>
<interp inst="def1-77-18741214" type="surname" value="CLARK"/>
<interp inst="def1-77-18741214" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN CLARK</hi> (18)</persName>,
<persName id="def2-77-18741214" type="defendantName">
<interp inst="def2-77-18741214" type="gender" value="male"/>
<interp inst="def2-77-18741214" type="age" value="22"/>
<interp inst="def2-77-18741214" type="surname" value="TWOEY"/>
<interp inst="def2-77-18741214" type="given" value="LUKE"/>
<hi rend="largeCaps">LUKE TWOEY</hi> (22)</persName>,
<persName id="def3-77-18741214" type="defendantName">
<interp inst="def3-77-18741214" type="gender" value="male"/>
<interp inst="def3-77-18741214" type="age" value="21"/>
<interp inst="def3-77-18741214" type="surname" value="SMITH"/>
<interp inst="def3-77-18741214" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS SMITH</hi> (21)</persName>, and
<persName id="def4-77-18741214" type="defendantName">
<interp inst="def4-77-18741214" type="gender" value="male"/>
<interp inst="def4-77-18741214" type="age" value="18"/>
<interp inst="def4-77-18741214" type="surname" value="BING"/>
<interp inst="def4-77-18741214" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN BING</hi> (18)</persName>
<rs id="t18741214-77-offence-1" type="offenceDescription">
<interp inst="t18741214-77-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18741214-77-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing sateen pounds of tobacco, the property of
<persName id="t18741214-name-96" type="victimName">
<interp inst="t18741214-name-96" type="gender" value="male"/>
<interp inst="t18741214-name-96" type="surname" value="RIPON"/>
<interp inst="t18741214-name-96" type="given" value="WILLIAM BREAKSPEARE"/>
<join result="offenceVictim" targOrder="Y" targets="t18741214-77-offence-1 t18741214-name-96"/>William Breakspeare Ripon</persName>; to which</rs> </p>
<hi rend="largeCaps">CLARK</hi> and
<hi rend="largeCaps">TWOEY</hi>
<hi rend="smallCaps">
<rs id="t18741214-77-verdict-1" type="verdictDescription">
<interp inst="t18741214-77-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741214-77-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.</p>
<hi rend="smallCaps">MR. A. B. KELLY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741214-name-97" type="witnessName">
<interp inst="t18741214-name-97" type="gender" value="male"/>
<interp inst="t18741214-name-97" type="surname" value="HALSE"/>
<interp inst="t18741214-name-97" type="given" value="DANIEL"/>DANIEL HALSE</persName> </hi> (
<hi rend="italic">Detective W R</hi> 607). On 19th November, shortly after 5</p>
<xptr type="pageFacsimile" doc="187412140017"/>
<p>p.m., I was with Downs and Westwood, and saw the four prisoners and a man not in custody in Wood Street—we followed them to Cheapside and Friday Street; they went into some courts, and came into Newgate Street and West Smithfield, where there was a truck outside a booking-office, con
<lb/>taining some parcels—they all passed the truck and "came back, and Clark took this parcel of tobacco from the truck and ran, followed closely by Twoey—the other two ran in a different direction—while running, Clark gave the parcel to Twoey—I caught Clark, Westwood caught Twoey, and Downs went after the other two—I told Clark what he was charged with; he said "All right"—Twoey threw the parcel down on the footway—I took them to the station, and Downs brought the other two in—I saw them together for an hour that day in conversation round the trucks, wherever there were any goods exposed.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-98" type="witnessName">
<interp inst="t18741214-name-98" type="gender" value="male"/>
<interp inst="t18741214-name-98" type="surname" value="DOWNS"/>
<interp inst="t18741214-name-98" type="given" value="FREDERICK"/>FREDERICK DOWNS</persName> </hi>. I was with Halse; we had been watching the prisoners for a week—they were all together in Wood Street—five of them passed near this truck and then came back towards it, and Clark took the parcel-Smith and Bing went on the other side of Smithfield, they saw Clark and Twoey arrested, and the man not in custody said to Smith "So help me goodness they are
<hi rend="italic">nicked, skate,"</hi> meaning "They are caught, go away"—I caught hold of Smith, and found this bag (
<hi rend="italic">produced</hi>) on him.</p>
<hi rend="italic">Smith,</hi> I polled the bag out, and told you I was going on an errand for my father.</p>
<hi rend="italic">Bing.</hi> You said at the station that you never saw me with the other prisoners
<hi rend="italic">Witness.</hi> I did not; I said that I had been after you for a week before.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-99" type="witnessName">
<interp inst="t18741214-name-99" type="gender" value="male"/>
<interp inst="t18741214-name-99" type="surname" value="WESTWOOD"/>
<interp inst="t18741214-name-99" type="given" value="GEORGE"/>GEORGE WESTWOOD</persName> </hi> (
<hi rend="italic">City Detective</hi>). I was with Halse and Downs—I had watched the prisoners on two other occasions—I followed them into Smithfield; they were in conversation not only on this but on the two other occasions—I saw Clark remove the tobacco—I took Twoey, handed him to another officer, and went after Bing, who was looking back and run
<lb/>ning away—I caught him about 50 yards from the truck, and took him to the station.</p>
<hi rend="italic">Bing. Q.</hi> How was it that I only got 50 yards while you were running after them?
<hi rend="italic">A.</hi> Because you stood still for a minute or two.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-100" type="witnessName">
<interp inst="t18741214-name-100" type="gender" value="male"/>
<interp inst="t18741214-name-100" type="surname" value="FROST"/>
<interp inst="t18741214-name-100" type="given" value="CHARLES"/>CHARLES FROST</persName> </hi>. I was in the employ of Mr. Ripon, a tobacco manu
<lb/>facturer, at this time—on 19th November, about 6 p.m., I had charge of a truck, upon which was this parcel of tobacco—I left it at the door of a booking-office in Smithfield, and when I came back I missed it.</p>
<hi rend="italic">Smith's Defence.</hi> I was going on an errand for my father, and somebody caught hold of me and said "Come along, you might as well." I said "What?" He said "You will see when you get to the station;" and he put me in the dock with these two other prisoners, and said I was charged with stealing tobacco, and then this other prisoner was brought in whom I had never seen before. My father died since I have been in prison.</p>
<hi rend="italic">Bing's Defence.</hi> I was not with them, I was walking along, and some man pounced on my back and said "That is him, lay hold of him he laid hold of me and took me to the station, and the other prisoners said they had never seen me before. I wish to call Clark.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-101" type="witnessName">
<interp inst="t18741214-name-101" type="gender" value="male"/>
<interp inst="t18741214-name-101" type="surname" value="CLARK"/>
<interp inst="t18741214-name-101" type="given" value="JOHN"/>JOHN CLARK</persName> </hi> (
<hi rend="italic">the Prisoner</hi>). I knew Smith and Bing before this, but neither of them was in my company on the evening of the 19th November.</p>
<xptr type="pageFacsimile" doc="187412140018"/>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. KELLY</hi>. I was in Wood Street that evening, but not in Friday Street—I heard the officer say that I was, but that is false—I was in Newgate Street—it is false that Smith and Bing were in my com
<lb/>pany; I did not speak to either of them that evening, but I had seen them in the morning—they are friends of mine—I am the one who stole the tobacco—I saw Bing at his father's house that morning—I generally go round to see him; sometimes I get a little job there.</p>
<hi rend="italic">Bing to</hi>
<hi rend="smallCaps">FREDERICK DOWNS</hi>.
<hi rend="italic">Q.</hi> Did not you say at the station that you had been watching the four prisoners, but you never saw me before?
<hi rend="italic">A.</hi> I said that I had been watching you four and another one for the last week—I did not say that I had never seen you before—on that evening Twoey and Clark fell out, and Smith went between them and parted them from fighting.</p>
<hi rend="italic">Smith.</hi> That is false.</p>
<hi rend="largeCaps">SMITH</hi>**
<hi rend="largeCaps">BING</hi>
<rs id="t18741214-77-verdict-2" type="verdictDescription">
<interp inst="t18741214-77-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18741214-77-verdict-2" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi> </rs>.
<hi rend="italic">The Jury stated that they did not believe Clarks evidence.</hi>
<hi rend="largeCaps">CLARK</hi>
<rs id="t18741214-77-punishment-11" type="punishmentDescription">
<interp inst="t18741214-77-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18741214-77-punishment-11" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-77-18741214 t18741214-77-punishment-11"/>
<hi rend="italic">Eighteen Months' Imprisonment.</hi> </rs>
<hi rend="largeCaps">TWOEY</hi>
<hi rend="italic">
<rs id="t18741214-77-punishment-12" type="punishmentDescription">
<interp inst="t18741214-77-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18741214-77-punishment-12" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-77-18741214 t18741214-77-punishment-12"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18741214-78">
<interp inst="t18741214-78" type="uri" value="sessionsPapers/18741214"/>
<interp inst="t18741214-78" type="date" value="18741214"/>
<join result="criminalCharge" id="t18741214-78-charge-1" targOrder="Y" targets="def1-78-18741214 t18741214-78-offence-1 t18741214-78-verdict-"/>
<join result="criminalCharge" id="t18741214-78-charge-2" targOrder="Y" targets="def2-78-18741214 t18741214-78-offence-1 t18741214-78-verdict-1"/>
<join result="criminalCharge" id="t18741214-78-charge-3" targOrder="Y" targets="def3-78-18741214 t18741214-78-offence-1 t18741214-78-verdict-2"/>
<persName id="def1-78-18741214" type="defendantName">
<interp inst="def1-78-18741214" type="gender" value="male"/>
<interp inst="def1-78-18741214" type="age" value="18"/>
<interp inst="def1-78-18741214" type="surname" value="CLARK"/>
<interp inst="def1-78-18741214" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN CLARK</hi> </persName> was
<hi rend="italic">again</hi> indicted,
<hi rend="italic">with</hi>
<persName id="def2-78-18741214" type="defendantName">
<interp inst="def2-78-18741214" type="gender" value="male"/>
<interp inst="def2-78-18741214" type="age" value="21"/>
<interp inst="def2-78-18741214" type="surname" value="SMITH"/>
<interp inst="def2-78-18741214" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY SMITH</hi> (21)</persName>, and
<persName id="def3-78-18741214" type="defendantName">
<interp inst="def3-78-18741214" type="gender" value="male"/>
<interp inst="def3-78-18741214" type="age" value="46"/>
<interp inst="def3-78-18741214" type="surname" value="GRAHAM"/>
<interp inst="def3-78-18741214" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE GRAHAM</hi> (46)</persName>
<rs id="t18741214-78-offence-1" type="offenceDescription">
<interp inst="t18741214-78-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18741214-78-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, for stealing 25 yards of cloth of
<persName id="t18741214-name-105" type="victimName">
<interp inst="t18741214-name-105" type="gender" value="male"/>
<interp inst="t18741214-name-105" type="surname" value="CROWLE"/>
<interp inst="t18741214-name-105" type="given" value="HENRY WILLIAM RICHARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18741214-78-offence-1 t18741214-name-105"/>Henry William Richard Crowle</persName>, and another; </rs>
<hi rend="italic">Smith and Graham having been before convicted.</hi> </p>
<hi rend="largeCaps">SMITH</hi>
<hi rend="smallCaps">
<rs id="t18741214-78-verdict-1" type="verdictDescription">
<interp inst="t18741214-78-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741214-78-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>. *—
<hi rend="italic">
<rs id="t18741214-78-punishment-13" type="punishmentDescription">
<interp inst="t18741214-78-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18741214-78-punishment-13" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-78-18741214 t18741214-78-punishment-13"/>Two Years' Imprisonment.</rs> </hi> </p>
<hi rend="largeCaps">GRAHAM</hi>
<hi rend="smallCaps">
<rs id="t18741214-78-verdict-2" type="verdictDescription">
<interp inst="t18741214-78-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18741214-78-verdict-2" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.**—
<hi rend="italic">
<rs id="t18741214-78-punishment-14" type="punishmentDescription">
<interp inst="t18741214-78-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18741214-78-punishment-14" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-78-18741214 t18741214-78-punishment-14"/>Ten Years' Penal Servitude.</rs> This charge was not pro
<lb/>ceeded with against Clark.</hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, December</hi> 16
<hi rend="italic">th</hi>, 1874</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18741214-79">
<interp inst="t18741214-79" type="uri" value="sessionsPapers/18741214"/>
<interp inst="t18741214-79" type="date" value="18741214"/>
<join result="criminalCharge" id="t18741214-79-charge-1" targOrder="Y" targets="def1-79-18741214 t18741214-79-offence-1 t18741214-79-verdict-1"/>
<persName id="def1-79-18741214" type="defendantName">
<interp inst="def1-79-18741214" type="gender" value="male"/>
<interp inst="def1-79-18741214" type="age" value="33"/>
<interp inst="def1-79-18741214" type="surname" value="COOPER"/>
<interp inst="def1-79-18741214" type="given" value="ARTHUR"/>
<hi rend="largeCaps">ARTHUR COOPER</hi> (33)</persName>, was indicted
<rs id="t18741214-79-offence-1" type="offenceDescription">
<interp inst="t18741214-79-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18741214-79-offence-1" type="offenceSubcategory" value="bankrupcy"/> for unlawfully obtaining goods on credit within four months of his bankruptcy, under the false colour and pretence of carrying on business in the ordinary course of trade.</rs> </p>
<hi rend="smallCaps">MR. METCALFE</hi>, Q. C.,
<hi rend="italic">with</hi>
<hi rend="smallCaps">MR. BESLEY</hi>,
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. SERJEANT SLEIGH</hi>
<hi rend="italic">with</hi>
<hi rend="smallCaps">MR. F. H. LEWIS</hi>,
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741214-name-107" type="witnessName">
<interp inst="t18741214-name-107" type="gender" value="male"/>
<interp inst="t18741214-name-107" type="surname" value="ROBINSON"/>
<interp inst="t18741214-name-107" type="given" value="ERNEST"/>ERNEST ROBINSON</persName> </hi>. I am clerk to the Registrar of the London Court of Bankruptcy—I produce the files of proceedings in the matter of Arthur Cooper—I have the files in reference to a petition for liquidation presented by himself in the County Court of Leicester, on 24th February, 1873—I have also the proceedings in the bankruptcy of the same person—there is a petition of creditors for him to be adjudicated abankrnpt, dated March 1st, 1873—there was an actual adjudication on 14th March, and an appoint
<lb/>ment of Mr. Benjamin Nicholson as trustee, on 3rd April—and a statement of affairs filed on 3rd April—the indebtednes is stated at 18,000
<hi rend="italic">l</hi>—on 17th December, 1873, there is a memorandum of the removal of the proceed
<lb/>ings from the County Court of Leicester to London, also an order to prosecute by the Registrar, acting as chief Judge, dated 3rd November, 1874.</p>
<hi rend="italic">Cross-examined.</hi> The assets are stated at 5,104
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-108" type="witnessName">
<interp inst="t18741214-name-108" type="gender" value="male"/>
<interp inst="t18741214-name-108" type="surname" value="WICKS"/>
<interp inst="t18741214-name-108" type="given" value="THOMAS"/>THOMAS WICKS</persName> </hi>. I am a member of the firm of Hemsworth, Lilley & Co., wholesale leather merchants, 30, West Smithfield, London—I have had dealings with the prisoner between April, 1868, and 8th January, 1873—at the time of the presentation for liquidation he was indebted to our firm 1,263
<hi rend="italic">l</hi>.—on 11th December, 1872, I received an order from him for 3,350</p>
<xptr type="pageFacsimile" doc="187412140019"/>
<p>lbs. of fades, at 12 3/4
<hi rend="italic">d</hi>., amounting to 177
<hi rend="italic">l</hi>. 19
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>.—on 8th January, 1873, I got an order from him for 4540 lbs. weight of Australian hides, at 13 1/4
<hi rend="italic">d</hi>., making a total of 250
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>.—there was a separate transaction on the same day amounting to 286
<hi rend="italic">l</hi>.—a bill was drawn in the usual course on 1st February for 776
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>., which was dishonoured—the goods were not paid for—I did not know the prisoner as a person buying leather unmanu
<lb/>factured and selling it unmanufactured—I only knew him as a shoe manu
<lb/>facturer—I had an opportunity of seeing the prisoner selecting goods—I have sold him goods myself on selection—I should say he was a very good judge of the goods he bought.</p>
<hi rend="italic">Cross-examined.</hi> From 1868 he was a constant customer of ours, he was buying goods all the time; the transactions were much larger the latter part of the time—he was not so large a customer as he was in the last year—in 1869 it was 280
<hi rend="italic">l</hi>., in 1870 about 206
<hi rend="italic">l</hi>., in 1871 about 830
<hi rend="italic">l</hi>., in 1872 1,366.—that would not be all owing at once—during all those ante
<lb/>cedent periods he always paid us prompt; his bills were always met—we had no bill returned—his engagements as a trader were always met with ordi
<lb/>nary punctuality—the last bill before his stoppage was due on 5th January, 1873, for 203
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>.—I think there was another on 4th February, that was not returned, that was for 294
<hi rend="italic">l</hi>. 17
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>.—that was within a month of his bankruptcy—in December we had a bill for 463
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>., in round figures, something like 1,000
<hi rend="italic">l</hi>. during December, January, and February, just previous to his becoming bankrupt—I certainly should not have sold him or any one else goods if I had known he was going to sell them again in the same trade—I knew him as nothing else than as a shoe manufacture—I don't think there was any room for him to have got a profit; I would not have sold them to him to sell again, because I should have known that there was no room for it—he must have wanted them for other purposes than for his trade.</p>
<hi rend="italic">Re-examined.</hi> If I had known that they were to go down to Brown and Rintoul next day at a smaller price than we sold them at, I certainly should not have parted with them—the last bill for 776
<hi rend="italic">l</hi>. was the largest we had from him—he appears to have bought from us to the extent of 959
<hi rend="italic">l</hi>. from 5th November to 8th January.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-109" type="witnessName">
<interp inst="t18741214-name-109" type="gender" value="male"/>
<interp inst="t18741214-name-109" type="surname" value="MACEY"/>
<interp inst="t18741214-name-109" type="given" value="URIAH"/>URIAH MACEY</persName> </hi>. I am a partner in the firm of Smith and Son, leather merchants, of Camomile Street, London—our firm were creditors of the bankrupt at the time of the liquidation 469
<hi rend="italic">l</hi>.—on 27th December, 1872, the prisoner gave me an order for nine dozen patent calf at 43
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>.—that was a special transaction; there was no discount, he took his time in it, it was payable by a four months' bill from 1st February; they were to be sold as for January 7th, therefore they would be due to draw for on 1st February—I don't remember seeing him at my place about that time, I saw him about a month later at my place; he selected goods on that occa
<lb/>sion, forty dozen calf kids and five patent horse hides amounting to 235
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>.—I don t remember any one being with him, the terms were to be a bill from 15th February and no discount—I did not know that he was selling leather unmanufactured, I sold them to him as a shoe manufac
<lb/>turer—at the time he was there personally selecting goods I did not know that he was selling unmanufactured leather to other persons—I knew him as a boot and shoe manufacturer—those parcels of goods remain unpaid for—there was another transaction on 10th February by order given to our traveller, Australian sides 190
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—those three parcels remain unpaid</p>
<xptr type="pageFacsimile" doc="187412140020"/>
<p>for—we have had transactions with him since 8th May, 1871—the pur
<lb/>chases from November, 1872, to February were considerably larger than during any similar period of his transactions with us-we always consi
<lb/>dered him an acute judge and a very good buyer.</p>
<hi rend="italic">Cross-examined.</hi> The last cash payment to us was on 5th January, 1873 6
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>.; the previous one was 252
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>., from 4th August, 1872 and May 4th, 297
<hi rend="italic">l</hi>.—previous to his bankruptcy he met all his engagements with punctuality.</p>
<hi rend="italic">Re-examined.</hi> If he had not I should not have gone on trusting him.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-110" type="witnessName">
<interp inst="t18741214-name-110" type="gender" value="male"/>
<interp inst="t18741214-name-110" type="surname" value="RADCLIFF"/>
<interp inst="t18741214-name-110" type="given" value="HENRY THOMAS"/>HENRY THOMAS RADCLIFF</persName> </hi>. I am a warehouseman employed by Messrs, Beckwith and Hammond, leather merchants, of 147, Long Lane, Ber-mondsey—at the time of filing the petition for liquidation by the prisoner he was indebted to our firm 189
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>.—on 28th December, 1872, he gave an order for 113lbs. patent calf and crop offal, in two parcels making 23
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>.—on 28
<hi rend="italic">th</hi> January, 1873, he ordered twenty-four dozen patent calf to the amount of 150
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>.—these goods remained unpaid for at the time of his petition—I have had transactions with the prisoner since about August, 1869—I knew him to be carrying on business as a shoe manufacturer—we were not aware that he was selling unmanufactured feather to other persons—from November, 1872, to the last transaction his purchases were larger than during a similar interval at any other time—he was a very fair judge of the articles he purchased.</p>
<hi rend="italic">Cross-examined.</hi> The last cash payment to us was about November—his previous dealings with us were met with punctuality—at the time of his bankruptcy he owed us about 189
<hi rend="italic">l</hi>.—he has not owed us as much as that on former occasions; the largest was about 150
<hi rend="italic">l</hi>.—that was paid when it became due.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-111" type="witnessName">
<interp inst="t18741214-name-111" type="gender" value="male"/>
<interp inst="t18741214-name-111" type="surname" value="MORRIS"/>
<interp inst="t18741214-name-111" type="given" value="FREDERICK HALL"/>FREDERICK. HALL MORRIS</persName> </hi>. I am a member of the firm of Bevington & Morris, wholesale leather merchants, of Canon Street, City—our firm were creditors of the bankrupt at the time of his liquidation for 1,479
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>.—he has been a customer of the firm from August, 1870, to October, 1872—the transactions were small during 1871, and larger during 1872—in 1870 they were about 33
<hi rend="italic">l</hi>., in 1871 about 390
<hi rend="italic">l</hi>., in 1872 about 2,500
<hi rend="italic">l</hi>., and about 420
<hi rend="italic">l</hi>. in 1873—the whole of the 1,470
<hi rend="italic">l</hi>. was bought from 6th No
<lb/>vember, 1872, to February, 1873—I only knew him as a shoe manufac
<lb/>turer, not as a seller of unmanufactured leather—he generally came to our place to inspect goods—he was a very good judge of the prices according to our idea—he would come to our place to inspect the goods, tell us what he wanted, take quantities, and prices, and generally go away, and either come back that afternoon or next day, and always choose the cheapest things we offered to him—Mr. Brown has been with him on several occasions when he inspected goods—he is a partner in the firm of Brown and Rintoul—I be
<lb/>lieve he was there latterly with him—Brown and Rintoul were customers of ours—they could not have bought any of these goods afterwards cheaper than the prisoner did—there was a purchase from us on 28th January of 20 dozen patent calf, at 102
<hi rend="italic">l</hi>.—I can't say for certain whether Brown was with him then—I believe he was when he inspected the goods, not when he gave the order—they were inspected either the same day they were bought or the day before—he also bought on the same day some other good amounting to 85
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—they were to be sent in on 8th February—they were a repetition of the goods delivered on 8th February—on 28th January he bought a certain lot of goods, a ton to be sent in in February</p>
<xptr type="pageFacsimile" doc="187412140021"/>
<p>and a ton in March—I produce a letter from the prisoner dated 12th Feb
<lb/>ruary, urging the delivery of the goods.</p>
<hi rend="italic">Cross-examined.</hi> A four months' bill was always drawn, from two dates in the month—the defendant's dealings with us altogether amounted to about 3,430
<hi rend="italic">l</hi>.—he never owed us anything like the amount that he owed when he stopped; he has owed us several hundred pounds at a time—he invariably met all his engagements with punctuality until he stopped—Brown and Rintoul are" leather merchants—they used to deal with us—Brown was very seldom at our place as a customer unless he came with Cooper—I considered Cooper an astute and skilful buyer, whose judgment I considered good—I have said that Brown and Rintoul could not buy cheaper, and I don't think any one else could have bought cheaper from us—the last payment to us was 366
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>., 4
<hi rend="italic">d</hi>., on 18th December, 1872, the next prior to that, was 509
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>., on 18th October—altogether, in 1872, he paid us about 1,500
<hi rend="italic">l</hi>., and in 1871 not quite 400
<hi rend="italic">l</hi>.</p>
<hi rend="italic">Re-examined.</hi> If he had ceased to pay, and his bills had been returned, we should immediately have stopped his credit—in November, 1872, he had goods to the amount of 1,050
<hi rend="italic">l</hi>. in December, it was only 4
<hi rend="italic">s</hi>.—from January to September, 1872, he had about 1,400
<hi rend="italic">l</hi>. or 1,500
<hi rend="italic">l</hi>., and in November he had about 1,070
<hi rend="italic">l</hi>.—there was nothing between August and November—in 1873 it was 420
<hi rend="italic">l</hi>.—I saw Brown on several occasions when the prisoner was with him examining goods and buying—they were on very friendly terms indeed—he must have heard the prices named—on one occasion he bought on the same day, and only on one occasion, as far as I am aware of.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-112" type="witnessName">
<interp inst="t18741214-name-112" type="gender" value="male"/>
<interp inst="t18741214-name-112" type="surname" value="SHEPHERD"/>
<interp inst="t18741214-name-112" type="given" value="THOMAS"/>THOMAS SHEPHERD</persName> </hi>. I am a warehouseman in the' employ of Somerville & Co., leather merchants, of Noble Street, London—the prisoner came to the warehouse on 29th January, 1873—he asked for and I gave him the prices of some patent calf and calf sides, and he purchased to the amount of 108
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>.—at the time of his liquidation we were creditors of his to the amount of 208
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—I knew him as carrying on the trade of a boot and shoe manufacturer—I was not aware that he was a seller of unmanu
<lb/>factured leather—he had been dealing with our firm about two years—his November account was 213
<hi rend="italic">l</hi>., and the one before that, from July to Sep
<lb/>tember, 277
<hi rend="italic">l</hi>., from January to July, 1872, it was 90
<hi rend="italic">l</hi>.—I do not think he bought more largely from November to the end of the year than during any other eight weeks—the last goods bought were only 108
<hi rend="italic">l</hi>., and the other was a bill returned, making up the 208
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—from September 20th to November 7th, his purchases were 213
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>.</p>
<hi rend="italic">Cross-examined.</hi> As regards his antecedent transactions, all his engage
<lb/>ments were met with punctuality—the last cash paid was on 21st Decem
<lb/>ber, 107
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., and there was a bill for 100
<hi rend="italic">l</hi>. running, that was drawn on 1st November at four months; it would not have come to maturity till after his bankruptcy.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-113" type="witnessName">
<interp inst="t18741214-name-113" type="gender" value="male"/>
<interp inst="t18741214-name-113" type="surname" value="SUSMAN"/>
<interp inst="t18741214-name-113" type="given" value="JOSEPH"/>JOSEPH SUSMAN</persName> </hi>. I am one of the firm of Oppenheim & Co., leather merchants in the City—I commenced business transactions with the prisoner in 1871, and his account was closed on 8th February, 1872—in the early part of 1873 I was at Leeds and saw the prisoner at the Queen's Hotel there, and had some conversation with him—he said he was the largest buyer of American fleshers in this country; that is a kind of leather—I offered him the same article—he said if the article was of good value he could do with them and I might send him a sample bundle to Leicester, which I did a few days afterwards, and about 15th January—I called on</p>
<xptr type="pageFacsimile" doc="187412140022"/>
<p>him at his place of business at Leicester, and after a long bargaining about the price he gave me an order for two tons, which came to 209
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>., and the sample bundle was 2
<hi rend="italic">l</hi>. 0
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>.—the terms were a four months' acceptance from 1st March—they were not all American fleshers, there were five dozen calf kids included—I saw a great many goods there, boots and shoes, especially Bluchers, for which article he said he used these American fleshers—he showed me several invoices for similar goods—I am not quite certain of what firms; it was either Messrs. Kitchens, of Leeds, or Messrs. Bevington & Morris—I afterwards received from him this memo
<lb/>randum, claiming for short weight; it is on a billhead "Bought of Arthur Cooper, Manufacturer"—I knew him as a manufacturer of goods—I did not know that he was selling unmanufactured leather—this is my invoice—the goods remain unpaid for—I had another transaction with him on 29th January, 1873—he called on me in London and examined my stock; no one was with him as far as I can remember—he came next day and gave an order for thirty-three dozen patent calf, amounting to 185
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>.—I was not quite ready to offer him the same terms, and he was quick enough to see that, and said "It does not matter, I don't want the same terms, I, have not done sufficient business with you and you don't know me sufficiently; I will pay you for this transaction cash on 1st March," and I agreed to that, with the usual discount of 2 1/2 per cent.—this is the invoice of those goods—I believed that he required the goods for his own trade; if I had known they were going to Brown & Rintoul I would not have parted with them—they remain unpaid for—the total amount of my claim is 397
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>.—Brown & Rintoul were occasionally customers of mine—they would not have bought these goods any cheaper—I am a creditor for the whole of the re-opened account—in the beginning of March, 1873, I was at Leeds, and called at the warehouse of Mr. William Hall—I have sold goods to Mr. Hall at some time, I don't remember whether I did at that time—I can't say exactly that I saw a case of my goods there—I spoke to Mr. Hall about the prisoner's affairs—the prisoner was a good buyer, and an acute judge of the value of articles.</p>
<hi rend="italic">Cross-examined.</hi> My transactions with the prisoner on the old account were very small indeed—he did not pay regularly; he did not owe me anything when I re-opened the account in 1873—I had been paid—I have not been examined before to-day.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-114" type="witnessName">
<interp inst="t18741214-name-114" type="gender" value="male"/>
<interp inst="t18741214-name-114" type="surname" value="KITCHEN"/>
<interp inst="t18741214-name-114" type="given" value="FREDERICK CONYERS"/>FREDERICK CONYERS KITCHEN</persName> </hi>. I am a member of the firm of Edward Kitchen & Son, leather merchants at Leeds, and am a creditor of the prisoner's estate for 1,450
<hi rend="italic">l</hi>.—on the 6th December, 1872, the prisoner called on me about a private meeting of creditors of Gould & Co., and I asked him what kind of trade he was doing—he said he was making up largely American fleshers, and that he had bought twenty tons from George Angus & Co., of Newcastle-on-Tyne—he asked me if I could offer him any—I said Yes, I had ten tons—he said "What is your lowest cash price for them."—I quoted 14
<hi rend="italic">d</hi>. and showed him a sample—he offered 3 1/2
<hi rend="italic">d</hi>. to clear them, which I declined—I said I could not do anything for him in price, but being the end of the year, and to induce him to clear the goods, I would give him a little extra time in payment—he said "Well, I shan't want them until January, as I am using Angus's"—so I agreed to make the price 14
<hi rend="italic">d</hi>. and give him two months from 1st January, and allow him 2 1/2 discount—they were invoiced on 31st December, at 1,472
<hi rend="italic">l</hi>.—on 8th January, I saw the prisoner at the Great Northern Hotel at Leeds—he</p>
<xptr type="pageFacsimile" doc="187412140023"/>
<p>said, "Kitchen, I have sold those fleshers of yours, I want them to deliver to Brown & Rintoul, I have made a 1
<hi rend="italic">d</hi>. a lb. profit upon them, I have sold them at 15
<hi rend="italic">d</hi>. a lb., and I want them delivered to them"—I said "Give me your order and I will do so"—at that time we still had possession of the property—if I had known that he had actually sold them to Brown & Rintoul at a loss of 73
<hi rend="italic">l</hi>. I should not have parted with them—1
<hi rend="italic">d</hi>. a lb. profit would represent 115
<hi rend="italic">l</hi>.</p>
<hi rend="italic">Cross-examined.</hi> If we had got our money we should not have cared what he did with the goods—if I had known at the time that he had sold them to Brown & Rintoul, I should have made inquiries, and those inquiries would have put me in possession of the business he was doing, and although I held his acceptance for the goods, I would not have delivered them—we are anxious to do business—if we get our money we don't care what a man does with the goods.</p>
<hi rend="italic">Re-examined.</hi> We should of course take into consideration the probability of payment—if we had known that they were going-to Brown & Rintoul at a loss we should not have delivered them under any consideration what
<lb/>ever—this was the only transaction.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-115" type="witnessName">
<interp inst="t18741214-name-115" type="gender" value="male"/>
<interp inst="t18741214-name-115" type="surname" value="GREEN"/>
<interp inst="t18741214-name-115" type="given" value="JAMES"/>JAMES GREEN</persName> </hi>. I am a member of the firm of Green & Kirkland, shoe manufacturers at Leicester—on 27th November, 1872, the prisoner bought made-up goods of us to the amount of 72
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>., and on 21st January, to the amount of 70
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>.—I received a few articles from him—we gave credit to the amount of 3
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>—he gave us bills for the amount of our debt which were dishonoured—the goods remained unpaid for—at the time of the stoppage we were creditors for 136
<hi rend="italic">l</hi>.</p>
<hi rend="italic">Cross-examined.</hi> We had had one small account with him previously, about 70
<hi rend="italic">l</hi>.—that was paid—I have known him ever since he has been in busi
<lb/>ness at Leicester, in 1871 and before that—he began in a small way and gra
<lb/>dually increased until he did a very considerable trade—the firm used to be Dare, Cooper, & Yates—I believe he has always borne the character of an honourable man, who met all his engagements with punctuality—I have had many transactions with him for other persons and he always paid—he was a very great employer of labour, several hundred hands at a time, as a manufacturer and a dealer—in 1872 he introduced some new mode of manufacturing boots by American machinery, and his hands struck, and he was left high and dry—that was in the summer of 1872—at Christmas 1871, about twelve or fourteen months before the stoppage, his premises were burned down.</p>
<hi rend="italic">Re-examined.</hi> He was insured—he told me that he had received the money—when I first knew him he was a manufacturer of air socks, and sold elastic web—afterwards he was a buyer of boots and shoes, a dealer, not a manufacturer—in 1870-71, he was a manufacturer of boots and shoes—I did not know him as a seller of leather—he told me after the fire that he had bought the salvage.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-116" type="witnessName">
<interp inst="t18741214-name-116" type="gender" value="male"/>
<interp inst="t18741214-name-116" type="surname" value="STAYNES"/>
<interp inst="t18741214-name-116" type="given" value="CHARLES"/>CHARLES STAYNES</persName> </hi>. I am one of the firm of Staynes & Sons, curriers, furriers, and leather factors, at Leicester—our firm are creditors of the pri
<lb/>soner for 339
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>.—about 13th January, 1873, he gave us an order for six dozen patent calf at 4
<hi rend="italic">s</hi>. a dozen, and on 22nd January he gave me an order for nine dozen kid, calf, and other goods, amounting to 89
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>., those remained unpaid for at the time of the petition for liquidation—he bought on inspection—I have been dealing with him nine or ten years—he had incurred as large an amount before, in a period of seven weeks.</p>
<xptr type="pageFacsimile" doc="187412140024"/>
<hi rend="italic">Cross-examined.</hi> I have been doing business with him nine or ten years—he has on former occasions owed me more than 339
<hi rend="italic">l</hi>., twice as much I should think, getting on for a 1000
<hi rend="italic">l</hi>.—all his engagements up to this were met with punctuality; he bore the character of a highly upright, honourable, industrious trader—I heard of the fire, but do not know any of the parti
<lb/>culars—if leather is scorched it is very prejudicial, it would be very much deteriorated—his last cash payment was, about six weeks before he stopped, about 200
<hi rend="italic">l</hi>.</p>
<hi rend="italic">Re-examined.</hi> We sold him leather—I knew of his selling leather, it is the habit with the manufacturers more or less to sell to the little men—I understood that he did sell to the small men, he would buy boots and shoes of them and pay them partly by leather and partly by cash—I did not know of his buying large quantities of hides and selling them; he did not do that in Leicester to my knowledge.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-117" type="witnessName">
<interp inst="t18741214-name-117" type="gender" value="male"/>
<interp inst="t18741214-name-117" type="surname" value="WHITE"/>
<interp inst="t18741214-name-117" type="given" value="JOHN"/>JOHN WHITE</persName> </hi>. I a traveller for Mr. Morell, a leather merchant, of Leeds—I have known the prisoner and had dealings with him eight or nine years, up to 27th August, 1871—on that day I was directed by my employers to close his account—some time previous to September, 1872, in consequence of something that Mr. Brown, of the firm of Brown & Rintoul said, I called on the prisoner—I had some conversation with him as to the state of his affairs—he told me that I had made a mistake in not having continued doing business with him, that we had lost a good deal of his money and, that kind of thing, and he produced what seemed to be a banking book and there seemed to be a balance in his favour of 1,500
<hi rend="italic">l</hi>.; he just showed it to me across the table and put it down again; he said he had that balance at the bank—I was not able to see what bank it was; of course that strengthened my confidence in him and it led to my selling him goods to the amount of 300
<hi rend="italic">l</hi>.—I understood from what he said to me that he was perfectly solvent—on 5th February I called on him again and he ordered goods—he had goods to the amount of 250
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>., the order perhaps would have amounted to 1,000
<hi rend="italic">l</hi>. or more; they were 100 heavy sole buts for shoe purposes; a cer
<lb/>tain quantity was to go in at that time, a further quantity during February, and a much larger quantity in March, about 2 tons—we are creditors for 566
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>.—the parcel of goods of February 5th remained unpaid for at the time of the liquidation.</p>
<hi rend="italic">Cross-examined.</hi> About half of the order was to go in in March—I did not deliver those.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-118" type="witnessName">
<interp inst="t18741214-name-118" type="gender" value="male"/>
<interp inst="t18741214-name-118" type="surname" value="HALL"/>
<interp inst="t18741214-name-118" type="given" value="WILLIAM"/>WILLIAM HALL</persName> </hi>. I am a shoe manufacturer at Leeds—I have known the prisoner for some years—I have also known Brown & Rintoul, but not so long as the prisoner; they are in the same town; I have known them five or six years—I had dealings with the prisoner during the six or seven years I have spoken of—on 30th November, 1872, I supplied him with goods to the value of 207
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>., and on 15th February to the amount of 280
<hi rend="italic">l</hi>.—I did not supply any goods between those dates, I bought some kid skins from him—in December, 1872, he called on me and we went to the Com
<lb/>mercial Hotel, he showed me a note that he had bought of Kitchen, I think, over 10 tons at 14 1/2
<hi rend="italic">d</hi>., 2 1/2, from 1st January at two months, and he said they would not get paid for them, that they were going to Brown & Rintoul; he said Kitchen's would not trust Brown & Rintoul, and they would not even give them a reference—I had conversation with him several times about Brown & Rintoul after this; he showed me two or three letters in the Queen saying "Let in so and so, get goods of so and so, let some people in and</p>
<xptr type="pageFacsimile" doc="187412140025"/>
<p>let others go, for they are decent people"—I saw the letters; at the bottom it said "When you have read this burn it," bat he said "I shall not burn it, I shall keep it to hang over his head"—I have been present with Cham
<lb/>berlain, his brother-in-law, but he always kept Chamberlain away—I have not seen the prisoner with the letters in the presence of Chamberlain, or heard him speak of them in his presence, I have heard Chamberlain speak about them out of the prisoner's presence—I have lent the prisoner money, a bill for 500
<hi rend="italic">l</hi>. and a cheque for 190
<hi rend="italic">l</hi>.—the bill was dated January 17th and I sent the cheque by passenger train on 18th January, 1873—he after
<lb/>wards gave me this order. (
<hi rend="italic">This was dated 14th February,</hi> 1873, lor
<hi rend="italic">ten tons of fleshers at 14 1/4 </hi>d
<hi rend="italic">. to be delivered in Leeds to the prisoner's order</hi>). He said the goods were at Liverpool—I never got any of them—the prisoner told me on one occasion that Brown & Rintoul had got 6000
<hi rend="italic">l</hi>. or 7000
<hi rend="italic">l</hi>. out of him by buying goods of him at less than their cost, at less than he gave for them; that they used to tell him what goods to buy that he had got orders for, that he could Bell best—after the bankruptcy there was a little furniture of the prisoner's, it was bought by Chamberlain, a brother-in-law or cousin of the prisoner's; I think he is a cousin; the prisoner told me that Brown paid for it; I saw him write a letter at Leeds to Mr. Nicholson about it.</p>
<hi rend="italic">Cross-examined.</hi> I have had a little litigation with Brown, and there has been a motion for a new trial and all that sort of thing—it was in Decem
<lb/>ber, 1872, that the defendant told me that Kitchen' would not be paid, when he countersigned the order sheet with the terms written on it—there was no one present when that conversation took place—there were persons in the room, but he was talking to me—I was on friendly terms with Kit
<lb/>chen—I did not go and communicate to him what had been said by the defendant—I believed him when he told me he was going to rob Kitchen, but I did not think it was my duty to go to Kitchen and caution him—it was my impression that the defendant was an insolvent man at that time—in February, 1873, I sold him goods to the amount of 200
<hi rend="italic">l</hi>. or 300
<hi rend="italic">l</hi>.—that was two months after he had told me about Kitchen, and that I believed he was an insolvent man—it was about 280
<hi rend="italic">l</hi>. worth of goods—did not believe that he had recovered his'commercial status and that he was solvent in 1873—I sold him those goods, still believing him to be insolvent—I was going to draw on Brown & Rintoul to pay me for those goods—I did not sell the goods to them; I sold them to Cooper—I thought he was going to pay me with Brown & Rintoul's acceptance—I mean to tell the Jury that I sold 280
<hi rend="italic">l</hi>. worth of goods to a man whom I believed to be at the time insolvent, relying on his getting me somebody else's acceptance—I did not get it—he told me that Brown & Rintoul owed him about 3,000
<hi rend="italic">l</hi>., and he would get me some money to pay me—he had told me that Brown & Rintoul were persons he was making use of to sell his goods at any price he could—I gave evidence in the Bankruptcy Court, but not before the Magistrate.</p>
<hi rend="italic">Re-examined.</hi> I sold Mr. Cooper some patent machinery, coming to about 900
<hi rend="italic">l</hi>., which he was going to send to his brother-in-law, George Chamber
<lb/>lain, and he was going to pay me that 900
<hi rend="italic">l</hi>. with Brown & Rintoul's accep
<lb/>tance—that is what he said—he said he was sending them 2,000
<hi rend="italic">l</hi>. worth of stuff that month, and he would draw upon them and he would endorse the bill and hand it over to me to pay me—that was what induced me to enter into that transaction with him—I also lent him some money; that was in January—I have been on intimate terms with Mr. Cooper, or I</p>
<xptr type="pageFacsimile" doc="187412140026"/>
<p>should scarcely have lent him money—I lent him 600
<hi rend="italic">l</hi>. odd—he was to sell me leather for that amount—I have seen Mr. Brown here—that is the gentleman standing up—I thought that Brown & Rintoul, the acceptors of the bill, were solvent at the time I sold Mr. Cooper the goods.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-119" type="witnessName">
<interp inst="t18741214-name-119" type="gender" value="male"/>
<interp inst="t18741214-name-119" type="surname" value="CASH"/>
<interp inst="t18741214-name-119" type="given" value="JOHN"/>JOHN CASH</persName> </hi>. I am a shorthand writer and newspaper reporter at Leicester—I was appointed by the Registrar of the County Court of Leicester to take the evidence of the defendant—on 25th August, 1873, I was present when he was examined before Serjeant Miller, Judge of the Court, and during the course of that examination these telegrams were produced, and were all marked by the Registrar of the Court—I heard the bankrupt asked questions about the telegrams—some of them were read to him—I saw them, but I did not have them in my hand—I heard them read to the bankrupt—I did not see the contents—I could not swear to any of them.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-120" type="witnessName">
<interp inst="t18741214-name-120" type="gender" value="male"/>
<interp inst="t18741214-name-120" type="surname" value="NICHOLSON"/>
<interp inst="t18741214-name-120" type="given" value="BENJAMIN"/>BENJAMIN NICHOLSON</persName> </hi>. I am an accountant, and am the trustee—I pro
<lb/>duce these telegrams here to-day—I saw several of them produced at the examination, and have had them in my possession since—this is one that I saw: "What do you mean? If you don't send 400
<hi rend="italic">sheep</hi> to-night I am ruined"—the date of that is the 20th September, 1872—there is another of the 16th October, Belfast: "You have entirely ruined me, no help for it unless you send to-night; dispose of at any price; you have ruined me; you packed the samples, you alone are to blame"—another on the 31st October: "Move all the stuff, for heaven's sake, George; on my soul, it is life and death; never mind loss, sell certain; write me here"—the name of the sender is John Jones, Queen's Hotel, Leeds, to George Chamberlain, Cobden Hotel, Argyle Street, Glasgow—there is another on 31st October: "I am almost besides myself; I am depending entirely upon you for 1,000
<hi rend="italic">l</hi>., telegraph me how you are getting on"—there is one from Glasgow, November 21st: "Your letter alarms me beyond description, you can't understand its importance to me; wire me at once, I depend entirely on five to six from you to-morrow, do telegraph me"—that is from J. Pickering, Leicester, to George Chamber
<lb/>lain—I won't swear to the next, which is the 22nd November, from same to same—there is one of November 22nd, "Glasgow. I have told the party, I shall have 400
<hi rend="italic">sheep</hi> to-morrow certain, could not have done if I had not depended completely on you"—there is one of the 28th November, from Joseph Pickerin, Leicester: "It is simply nonsense to telegraph as you have, you must clear somewhere or other, and at some price or other, or you know the consequences; reply to previous telegram"—there is one of November, 1872, I think it is the 11th, but the date is not clear; it may be the 1st, from Joseph Pickering, of Leeds: "It is over, if you have not brought or sent seven or eight hundred, and nothing can possibly help it; telegraph me here at once"—there is one of 30th January bearing the post mark Glasgow, from A. Cooper, Leicester, to George Chamberlain: "Sell certain, I depend on you for what I said"—on 31st January: "Price must be no consideration whatever; wire me at once what you are doing, you know I entirely depend"—that is from Arthur Cooper, Leicester, to George Chamberlain"—there is one more which seems to be without date, from Thomas Jones, Leicester, to George Chamberlain, Glasgow: "Send to-night all oil possible, or the machinery will be completely stopped, depend on for Monday, and can't take any refusal"—there are three or four others which I am not certain about.</p>
<xptr type="pageFacsimile" doc="187412140027"/>
<hi rend="smallCaps">
<persName id="t18741214-name-121" type="witnessName">
<interp inst="t18741214-name-121" type="gender" value="male"/>
<interp inst="t18741214-name-121" type="surname" value="CASH"/>
<interp inst="t18741214-name-121" type="given" value="JOHN"/>JOHN CASH</persName> </hi> (
<hi rend="italic">continued</hi>). The prisoner admitted having sent on those tele
<hi rend="italic">Cross-examined.</hi> He was examined before the Registrar—what he said was taken down in writing, that is all the information I have—there was an examination in Bankruptcy—I can't tell you the date unless I refer to my book—the defendant admitted to having sent those telegrams—I remember r that—I have looked at my notes in order to refresh my memory, but I recollect that he admitted sending them.</p>
<hi rend="smallCaps">F. C. KITCHEN</hi> (
<hi rend="italic">re-examined.</hi>) The ten tons of goods that I sold were lying at Manchester, they were to be delivered to Brown & Rintoul's order and they thought they were in Liverpool—there was a contract for the sale which was handed to Cooper—that was sent on the 6th December and the invoice was sent on the 31st—I had refused to credit Brown & Rintoul—we would not give them credit—I had no conversation with Cooper on the subject.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-122" type="witnessName">
<interp inst="t18741214-name-122" type="gender" value="male"/>
<interp inst="t18741214-name-122" type="surname" value="HALL"/>
<interp inst="t18741214-name-122" type="given" value="WILLIAM"/>WILLIAM HALL</persName> </hi> (
<hi rend="italic">re-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT SLEIGH</hi>). My brother is a machine manufacturer—he was under a contract with the defendant the same month that he became bankrupt to set up some machinery on his pre
<lb/>mises—it was worth more than 1,700
<hi rend="italic">l</hi>.—it was not put up—my brother went in to see the place where it was to be fitted into on the 17th or 18th of February, but Cooper stopped in the meantime—I saw my brother every day—I don't remember that I sold Cooper a further parcel of goods amounting to 40
<hi rend="italic">l</hi>. or 50
<hi rend="italic">l</hi>. as late as the 10th of January, 1873—I won't say I did not because I don't remember it.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">MR. BESLEY</hi>. The last two parcels I let him have were November 30th and February 14th—I believe he had no goods from me between those dates—of course my brother wanted to be paid for the machinery and it was not delivered.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-123" type="witnessName">
<interp inst="t18741214-name-123" type="gender" value="male"/>
<interp inst="t18741214-name-123" type="surname" value="PICKERING"/>
<interp inst="t18741214-name-123" type="given" value="JOSEPH"/>JOSEPH PICKERING</persName> </hi>. I have been in the employ of the prisoner at Leicester—I remained with the prisoner as clerk and book keeper until he filed his petition for liquidation, and even after that—it was my duty to enter the invoices of the goods received or to see it done by an under clerk—I had a great deal to do with the business that was going on—the business became considerably larger shortly before the bankruptcy—the amount of goods bought increased before the petition was filed—this balance-sheet was made in January, 1871, under the prisoner's superintendence—that shows a balance of 3,239
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>.—Mr. Cooper dealt in leather in the raw material—I never recollect the time when he did not deal in leather, but he dealt very much more largely the latter end of his trading—I know of goods going to Glasgow during the last three or four months—a very large quantity during November, December, January, and February—Chamberlain was his traveller—he was his brother-in-law—I knew of telegrams and letters passing between them—there were also letters and telegrams from Chamberlain to the prisoner—they were filed on a special file for Mr. Chamberlain—as far as I know they were continually filed up to the time of the liquidation petition—I know nothing of their removal—I also knew of goods going to-Liverpool—sometimes they were sent in Mr. Cooper's name and occasionally in other names such as Mr. Jones—there was no one of the name of Jones in the establishment nor any consignee of that name, that was a fictitious name—when they went in that name they were sent on to Moses Levi—he was the ultimate purchaser—I also know of goods going to Brown & Rintoul—I have seen Brown very frequently at the</p>
<xptr type="pageFacsimile" doc="187412140028"/>
<p>place of business during November, December, January, and February—being a very intimate friend of Mr. Cooper's he was at our warehouse very constantly and he did a very large business at Leicester—I knew of his going up to London with Mr. Cooper and of dealing with Mr. Cooper and buying things from him, unmanufactured goods—goods also went to Mr. Ward of Birmingham—he is an auctioneer and boot factor, buyer and seller—I know of goods being sent to London in the name of Brown—I presume that was Mr. John Brown, of the firm of Brown & Rintoul—I don't know that for certain, but I suppose that—all I know is that they were sent to Brown in London—I can't tell you what quantity of goods went to Glasgow in January—I only know that enormous quantities of goods were sold; our own manufactured goods—to my knowledge no parcel of leather, unmanufactured, bought in the raw material, was sent at all; a large bulk of our own manufactured goods—I prepared this account in conjunction with Mr. Cooper and I also made out this one (
<hi rend="italic">produced</hi>)—I making up the accounts I found some of the invoices written on by the prisoner showing the destination of the goods, so that I got the purchaser of the goods and the destination.</p>
<hi rend="italic">Cross-examined.</hi> I got all the information from the original invoices and the books which were then in the hands of the defendant—that tabulated statement shows the whole of the dealings for three months prior to Feb
<lb/>ruary 24th, and I furnished that to Mr. Nicholson the trustee—the cash account and consignment account were furnished first, that was about March or April, 1873—the purchase and sales account was furnished afterwards, I believe in the month of May—my position was that of book keeper—I was well acquainted with the defendant's business—I remember him sending an agent to Australia with about l,000
<hi rend="italic">l</hi>. worth of goods—he got a very small portion of those goods returned as shown by the ledger—I recollect a customer of the name of Bennett failing in Liverpool—the defendant took over his shop and premises, and made large losses by the transaction—Bennett was indebted to him at the time he took them over—about the same time a person named Wesley Hayes failed—I can't speak to the amount that he owed the defendant—I recollect his taking cloth for the debt, and making large losses again on that transaction—Hayes debt was a large item—I can't say that it was 2,000
<hi rend="italic">l</hi>., for I can't speak to the amount—he lost very largely on that transaction, but I can't speak to anything definite—he had a fire at the end of 1871—he was insured in two offices, but I don't know the amount—I knew there was a large insurance—I know that he received from the Insurance Company 1,250
<hi rend="italic">l</hi>., and took to the salvage, in
<lb/>stead of the Company paying him—I believe there was a large loss by the salvage, but to what extent it is impossible for me to say—there was a large loss by reason of the goods being so injured by the fire that they could not be worked—the defendant afterwards established a scheme of labour—the Last portion of the time he was employing about 2,000 men, boys, girls, and women on the establishment, and before that about 100 or 200—his scheme of labour was strongly opposed by the hands, and his own people struck re
<lb/>peatedly, and we were stopped very much in the execution of orders—he must have made considerable losses in 1872, because the orders were hin
<lb/>dered we could not execute the orders—the defendant was a remarkably energetic man, what I used to call a good plucked one—I always thought he would pull through—he gave me the notion of being an indomitable Englishman, who was not going to yield—in 1872, I think, he paid for</p>
<xptr type="pageFacsimile" doc="187412140029"/>
<p>wages, on an average, about 150
<hi rend="italic">l</hi>. a week—I know, also, that towards the end of 1872 the bank withdrew 15,000
<hi rend="italic">l</hi>. from his current account and placed it to his deposit account for bills discounted to protect themselves—I have heard of several friends who have offered to lend him large sums of money, which he has refused—we had began to take stock at the time of the fire.</p>
<hi rend="italic">Re-examined.</hi> The premises that were injured by fire were the Junior Street Shoe Works, Mr. Cooper's manufactory—he had no other place of business at the time of the fire—I was there at the time, and after—the place was not totally destroyed; simply injured by fire and water—men were sent down by the Fire office to see what the salvage was, and Mr. Cooper could have either taken the stuff or left it, as he liked—I don't. know the weight or the value of the salvage—there was an inventory mad which he, in the natural course, would have in his possession—I know there was a large quantity of goods being sent to Brown & Rintoul con
<lb/>tinually between November and February; I may say much larger than I ever knew go there before—I have no doubt it is correct that 352
<hi rend="italic">l</hi>. worth went in November, and in January 3,393
<hi rend="italic">l</hi>. worth—I did not know that the goods were being sacrificed at less than prime cost—my only reason for saying Mr. Cooper was an energetic man was that he was struggling against difficulties and had a great trouble, a great effort to meet his engagements month by month and Saturday by Saturday—I have known him as being such a resolute and clever, persevering business man and I always had faith that he would pull through—I made out the goods and purchase account at the request of Mr. Nicholson, and for that purpose I got the invoices of the goods which had come into the prisoner's possession in the three months—those invoices were all initialled and passed as the goods had arrived—he went through them invoice by invoice, and himself marked down the destination of the goods, and I made out the account by his directions.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-124" type="witnessName">
<interp inst="t18741214-name-124" type="gender" value="male"/>
<interp inst="t18741214-name-124" type="surname" value="BARBELL"/>
<interp inst="t18741214-name-124" type="given" value="JAMES"/>JAMES BARBELL</persName> </hi>. I am a member of the firm of Barrell & Sons, leather merchants, Bermondsey—we have had dealings with Cooper—at the time of his liquidation we were unfortunately creditors for 1,807
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>.—he came to us about the 29th January, 1873, and inspected some goods, and he bought a parcel of goods on that day—he was by himself on that occa
<lb/>sion—on two or three other occasions a man named Brown came with him when he bought the goods—the total amount of the invoice of the 29th January is 479
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>.—that included twenty-four dozen kid calf, 92
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>., and 14 cwt. 2 qrs. 15lbs. of sides, 93
<hi rend="italic">l</hi>. 17
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>—those two items were sold to him on the same day—the goods remain unpaid for.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-125" type="witnessName">
<interp inst="t18741214-name-125" type="gender" value="male"/>
<interp inst="t18741214-name-125" type="surname" value="NICHOLSON"/>
<interp inst="t18741214-name-125" type="given" value="BENJAMIN"/>BENJAMIN NICHOLSON</persName> </hi>. (
<hi rend="italic">re-called</hi>). I have taken considerable pains in investigating the accounts—I find that the balance sheet for 1871, shows a balance in the prisoner's favour of 2,702
<hi rend="italic">l</hi>.—he had it 3,200
<hi rend="italic">l</hi>., but upon my investigation of the books I reduced it to 2,702—I find that the assets on the 1st January, 1871, were 4,431
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>., and at the date of the petition they were 4,605
<hi rend="italic">l</hi>.—the liabilities on the 1st January, 1871, were 4,200
<hi rend="italic">l</hi>., and at the date of the failure, 18,777
<hi rend="italic">l</hi>.—the cash in hand at the failure, was 16
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. and at the 1st of January, 1871, bills and cash 876
<hi rend="italic">l</hi>.—the balance sheet filed with the petition shows 5,000
<hi rend="italic">l</hi>. assets—they realized about 2,700
<hi rend="italic">l</hi>. gross—I don't think there is any further expectation—there was a great depreciation in some of the items arising from a forced sale—I find that the purchases greatly increased and were much larger during the last three or four months—the purchases for November, December, January, and</p>
<xptr type="pageFacsimile" doc="187412140030"/>
<p>February prior to the failure amounted to nearly 18,000
<hi rend="italic">l</hi>. and the correspond
<lb/>ing period in the preceding year 9,000
<hi rend="italic">l</hi>., just double—the purchases in June, July, and August preceding the failure amounted to 10,548
<hi rend="italic">l</hi>. against the corresponding period in the preceding year 4,622
<hi rend="italic">l</hi>.—the sale of leather was very much larger during the last twelve months, but I can't give you the figures—there were dealings in 1872 in unmanufactured leather, but they were small—the amount suggested by one of the Leicester witnesses exactly explained what I found by the books—he dealt to a small extent in unmanu
<lb/>factured leather with persons of whom he was in the habit of buying goods from—the last quantity of manufactured goods sent to Glasgow were sent to Chamberlain who disposed of them, but they were not at the time in
<lb/>voiced, they were simply weights and quantities; October 3 tons, November 3 tons odd, December 3 tons 4 cwt., January 7 tons 9 cwt., and for the first part of February 1 ton 5 cwt. I have left out the quarters and pounds, making about 20 tons—that was from the 24th October, four months prior to the filing of the petition—I find there were large consignments going to Glasgow corresponding with the dates of the telegrams—I also find goods going to Liverpool in the name of Jones, and, I find from the books, finally went to Moses Levi in large quantities—goods also went to Ward, of Bir
<lb/>mingham, auctioneer and boot factor—some of the goods sent to Ward and Levi went through Brown, of London—I could not find out who that Mr. Brown was, I believe it is a fictitious name; sent to Brown, of London, and then to Birmingham and disposed of by auction—I did not discover Mr. Jones—I also found large quantities went to Brown and Rintoul, of Leeds'—the amounts were in November 352
<hi rend="italic">l</hi>., December 960
<hi rend="italic">l</hi>., January, 1873, 3,393
<hi rend="italic">l</hi>., and the small part of February 1,986
<hi rend="italic">l</hi>., making altogether over 6,000
<hi rend="italic">l</hi>. in those four months—I have made out a statement of goods sold at a loss which were not paid for at the date of the petition, with the purchaser and the person from whom purchased—the account shows a total loss of 4,000
<hi rend="italic">l</hi>. odd—there are twenty-seven items, making a total of 4,000
<hi rend="italic">l</hi>. all bought between November and February—I find that the goods were generally sold a day or two after they were bought at a loss and some
<lb/>times on the very day they were bought they were sold to Brown & Rintoul and sold at a loss, taking the discount into account, that is, he allows dis
<lb/>count to his purchaser and has to pay the whole amount—I find in every case he allowed a larger discount than he is allowed himself if he paid cash—there is an item on the 31st December amounting to 1,472
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>. sold two or three days afterwards at the same price subject to a discount of 5 per cent.—the next item is Hemsworth, Lilley & Co., 4,540 Australian sides, amount
<lb/>ing to 250
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>., and they were sold at a loss; they were bought at 14
<hi rend="italic">d</hi>. a pound and sold at 12 1/2
<hi rend="italic">d</hi>.—the account contains a great number of items of that kind and every one of them come to a loss.</p>
<hi rend="italic">Cross-examined.</hi> I acquired all information from the bankrupt and the books—as far as I saw he gave that information with the most perfect frank
<lb/>ness—I traced the goods from the papers he gave to me, I have only availed myself of the carriers for the purpose of tracing the destination—I found that the prisoner's statements were all true according to the books; there are no material differences—all the goods that were sold at a loss are in that document—I dare say there are seventy or eighty transactions, there are a great many, of which twenty-seven appear to be sold at a loss; taking the whole of the sales and purchases I find that the loss is much smaller if' you give him credit for those parcels which he sold at a profit—the twenty-seven</p>
<xptr type="pageFacsimile" doc="187412140031"/>
<p>parcels show a loss and the other parcels reduce that loss considerably—the purchases for the last three months of his trading amount to 18,000
<hi rend="italic">l</hi>.—his payments in the meantime amounted to nearly the same, including wages—his payments were much heavier during the last two months preceding his bankruptcy—he was paying large sums for wages—he was not doing a business in 1871 of something like nearly 100.000
<hi rend="italic">l</hi>.; about 40,000
<hi rend="italic">l</hi>.—the sales in 1871 were 26,000
<hi rend="italic">l</hi>., in 1872 42,600
<hi rend="italic">l</hi>., and part of 1873 15,800
<hi rend="italic">l</hi>.—the purchases in 1871 were 20,271
<hi rend="italic">l</hi>. and the wages 4,300
<hi rend="italic">l</hi>.; the purchases in 1872 were 42,016
<hi rend="italic">l</hi>. and wages 7,600
<hi rend="italic">l</hi>.; and for the two months in 1873 the purchases were 8,421
<hi rend="italic">l</hi>. and the wages 1,784
<hi rend="italic">l</hi>.—all the time he was making purchases he was carrying on his business as a manufacturer of boots and shoes, making shoes and paying labour for that purpose—as far as I am able to ascertain all the monies he is shown to have received in respect of these goods, some of which were sold at a loss and some not, went in payment of his previous liabilities; they were employed in the payment of his previous debts—I saw communications from first-class houses prior to his stoppage offering him large credit—as far as I could judge he appeared to be a man in good credit even at the time of his stoppage—I examined his bill books and I found that up to the time of his failure his bills had been regulary met, with one or two exceptions—he seemed to me to be a very energetic man of business—I don't think his capital was smaller in 1871 when his" liabilities were 4,000
<hi rend="italic">l</hi>., subsequently I think his capital was too small for his business—he was a struggling man—it appears by the pass-book that 15,000
<hi rend="italic">l</hi>. was deposited at the bank—he has given up everything as far as I know—he offered at the time of his failure and before he was put into Bankruptcy Court to work under a committee of inspection until he had paid 10
<hi rend="italic">s</hi>. in the pound—I don't think there were a few bitter creditors—I believe the majority wished him to be made bankrupt—I don't know whether I may be permitted to make an observation on these accounts; the counsel has been examining me upon the goods that were sold at a loss; of course the losses on the manufactured goods, which I fear to be very considerable, are not traceable from the goods being made up and sold; I have not been examined on that, and thought it right to call your attention to it.</p>
<hi rend="italic">Re-examined.</hi> The payments which have been referred to include the cash and bills—I find a very large quantity of accommodation acceptances—they are included in the payments—they were cross acceptances in several in
<lb/>stances—the bank required him to pay 15,000
<hi rend="italic">l</hi>. to the credit of his deposit account to secure them against the liability of the large amount of bills under discount.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-126" type="witnessName">
<interp inst="t18741214-name-126" type="gender" value="male"/>
<interp inst="t18741214-name-126" type="surname" value="ROBINSON"/>
<interp inst="t18741214-name-126" type="given" value="ERNEST"/>ERNEST ROBINSON</persName> </hi> (
<hi rend="italic">re-called</hi>). Amongst the proceedings which are pro
<lb/>duced is the examination of the bankrupt before the County Court Judge and the examination of Chamberlain.</p>
<hi rend="smallCaps">
<rs id="t18741214-79-verdict-1" type="verdictDescription">
<interp inst="t18741214-79-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741214-79-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18741214-79-punishment-15" type="punishmentDescription">
<interp inst="t18741214-79-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18741214-79-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-79-18741214 t18741214-79-punishment-15"/>One Month's Imprisonment.</rs> </hi> </p> </div1>
<hi rend="largeCaps">SECOND COURT</hi>.—
<hi rend="italic">Tuesday, December</hi> 15
<hi rend="italic">th,</hi> 1874.</p>
<hi rend="italic">Before
<persName id="t18741214-name-127" type="judiciaryName">
<interp inst="t18741214-name-127" type="gender" value="male"/>
<interp inst="t18741214-name-127" type="surname" value="KERR"/>
<interp inst="t18741214-name-127" type="given" value="ROBERT MALCOLM"/>Robert Malcolm Kerr</persName>, Esq.</hi> </p>
<div1 type="trialAccount" id="t18741214-80">
<interp inst="t18741214-80" type="uri" value="sessionsPapers/18741214"/>
<interp inst="t18741214-80" type="date" value="18741214"/>
<join result="criminalCharge" id="t18741214-80-charge-1" targOrder="Y" targets="def1-80-18741214 t18741214-80-offence-1 t18741214-80-verdict-1"/>
<persName id="def1-80-18741214" type="defendantName">
<interp inst="def1-80-18741214" type="gender" value="male"/>
<interp inst="def1-80-18741214" type="age" value="20"/>
<interp inst="def1-80-18741214" type="surname" value="MCGOVERN"/>
<interp inst="def1-80-18741214" type="given" value="ROBERT"/>
<hi rend="largeCaps">ROBERT McGOVERN</hi> (20)</persName>,
<hi rend="smallCaps">
<rs id="t18741214-80-verdict-1" type="verdictDescription">
<interp inst="t18741214-80-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741214-80-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.
<rs id="t18741214-80-offence-1" type="offenceDescription">
<interp inst="t18741214-80-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18741214-80-offence-1" type="offenceSubcategory" value="simpleLarceny"/> to stealing one Albert chain and one handkerchief of
<persName id="t18741214-name-129" type="victimName">
<interp inst="t18741214-name-129" type="gender" value="male"/>
<interp inst="t18741214-name-129" type="surname" value="PARSELL"/>
<interp inst="t18741214-name-129" type="given" value="SAMUEL"/>
<join result="offenceVictim" targOrder="Y" targets="t18741214-80-offence-1 t18741214-name-129"/>Samuel Parsell</persName>,
<hi rend="italic">also</hi> one blanket and two sheets of
<persName id="t18741214-name-130" type="victimName">
<interp inst="t18741214-name-130" type="gender" value="female"/>
<interp inst="t18741214-name-130" type="surname" value="HURST"/>
<interp inst="t18741214-name-130" type="given" value="MARIA"/>
<join result="offenceVictim" targOrder="Y" targets="t18741214-80-offence-1 t18741214-name-130"/>Maria Hurst</persName>,
<hi rend="italic">also</hi> one watch of
<persName id="t18741214-name-131" type="victimName">
<interp inst="t18741214-name-131" type="gender" value="male"/>
<interp inst="t18741214-name-131" type="surname" value="PIPER"/>
<interp inst="t18741214-name-131" type="given" value="RICHARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18741214-80-offence-1 t18741214-name-131"/>Richard Piper</persName>,</rs> having been before convicted of
<hi rend="italic">felony**—
<rs id="t18741214-80-punishment-16" type="punishmentDescription">
<interp inst="t18741214-80-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18741214-80-punishment-16" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-80-18741214 t18741214-80-punishment-16"/>Seven Years' Penal Servitude.</rs> </hi> </p> </div1>
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<interp inst="t18741214-81" type="uri" value="sessionsPapers/18741214"/>
<interp inst="t18741214-81" type="date" value="18741214"/>
<join result="criminalCharge" id="t18741214-81-charge-1" targOrder="Y" targets="def1-81-18741214 t18741214-81-offence-1 t18741214-81-verdict-1"/>
<persName id="def1-81-18741214" type="defendantName">
<interp inst="def1-81-18741214" type="gender" value="male"/>
<interp inst="def1-81-18741214" type="age" value="34"/>
<interp inst="def1-81-18741214" type="surname" value="CLISBY"/>
<interp inst="def1-81-18741214" type="given" value="GEORGE ROBERT"/>
<hi rend="largeCaps">GEORGE ROBERT CLISBY</hi> (34)</persName>
<rs id="t18741214-81-verdict-1" type="verdictDescription">
<interp inst="t18741214-81-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741214-81-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> </rs>
<rs id="t18741214-81-offence-1" type="offenceDescription">
<interp inst="t18741214-81-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18741214-81-offence-1" type="offenceSubcategory" value="embezzlement"/>, to embezzling the sums of 3
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., 5
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., 4
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>.,also 4
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>. and 2
<hi rend="italic">l</hi>. 3
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>., of
<persName id="t18741214-name-133" type="victimName">
<interp inst="t18741214-name-133" type="gender" value="male"/>
<interp inst="t18741214-name-133" type="surname" value="DUMMERE"/>
<interp inst="t18741214-name-133" type="given" value="STEPHEN"/>
<join result="offenceVictim" targOrder="Y" targets="t18741214-81-offence-1 t18741214-name-133"/>Stephen Dummere</persName>, his master—</rs>
<rs id="t18741214-81-verdict-1" type="verdictDescription">
<interp inst="t18741214-81-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741214-81-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs>
<rs id="t18741214-81-punishment-17" type="punishmentDescription">
<interp inst="t18741214-81-punishment-17" type="punishmentCategory" value="noPunish"/>
<interp inst="t18741214-81-punishment-17" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-81-18741214 t18741214-81-punishment-17"/>
<hi rend="italic">Judgment Respited.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18741214-82">
<interp inst="t18741214-82" type="uri" value="sessionsPapers/18741214"/>
<interp inst="t18741214-82" type="date" value="18741214"/>
<join result="criminalCharge" id="t18741214-82-charge-1" targOrder="Y" targets="def1-82-18741214 t18741214-82-offence-1 t18741214-82-verdict-1"/>
<xptr type="pageFacsimile" doc="187412140032"/>
<persName id="def1-82-18741214" type="defendantName">
<interp inst="def1-82-18741214" type="gender" value="male"/>
<interp inst="def1-82-18741214" type="age" value="20"/>
<interp inst="def1-82-18741214" type="surname" value="EVANS"/>
<interp inst="def1-82-18741214" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM EVANS</hi> (20)</persName>
<rs id="t18741214-82-verdict-1" type="verdictDescription">
<interp inst="t18741214-82-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741214-82-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs>
<rs id="t18741214-82-offence-1" type="offenceDescription">
<interp inst="t18741214-82-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18741214-82-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, to stealing 3 cwt. of lead of
<persName id="t18741214-name-135" type="victimName">
<interp inst="t18741214-name-135" type="gender" value="male"/>
<interp inst="t18741214-name-135" type="surname" value="KING"/>
<interp inst="t18741214-name-135" type="given" value="DAVID"/>
<join result="offenceVictim" targOrder="Y" targets="t18741214-82-offence-1 t18741214-name-135"/>David King</persName> </rs>, having been before convicted**—
<rs id="t18741214-82-punishment-18" type="punishmentDescription">
<interp inst="t18741214-82-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18741214-82-punishment-18" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-82-18741214 t18741214-82-punishment-18"/>
<hi rend="italic">Two Years' Imprisonment.</hi> </rs> And</p> </div1>
<div1 type="trialAccount" id="t18741214-20">
<interp inst="t18741214-20" type="uri" value="sessionsPapers/18741214"/>
<interp inst="t18741214-20" type="date" value="18741214"/>
<join result="criminalCharge" id="t18741214-20-charge-1" targOrder="Y" targets="def1-20-18741214 t18741214-20-offence-1 t18741214-20-verdict-1"/>
<join result="criminalCharge" id="t18741214-20-charge-2" targOrder="Y" targets="def2-20-18741214 t18741214-20-offence-1 t18741214-20-verdict-1"/>
<persName id="def1-20-18741214" type="defendantName">
<interp inst="def1-20-18741214" type="gender" value="male"/>
<interp inst="def1-20-18741214" type="age" value="18"/>
<interp inst="def1-20-18741214" type="surname" value="SPENCER"/>
<interp inst="def1-20-18741214" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES SPENCER</hi> (18)</persName>, and
<persName id="def2-20-18741214" type="defendantName">
<interp inst="def2-20-18741214" type="gender" value="male"/>
<interp inst="def2-20-18741214" type="age" value="19"/>
<interp inst="def2-20-18741214" type="surname" value="ROBINSON"/>
<interp inst="def2-20-18741214" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN ROBINSON</hi> (19)</persName>
<rs id="t18741214-20-verdict-1" type="verdictDescription">
<interp inst="t18741214-20-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741214-20-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guility: see original trial image]</rs>
<rs id="t18741214-20-offence-1" type="offenceDescription">
<interp inst="t18741214-20-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18741214-20-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, to stealing two sheets in the dwelling-house of
<persName id="t18741214-name-138" type="victimName">
<interp inst="t18741214-name-138" type="gender" value="male"/>
<interp inst="t18741214-name-138" type="surname" value="GERRISH"/>
<interp inst="t18741214-name-138" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18741214-20-offence-1 t18741214-name-138"/>George Gerrish</persName> and afterwards breaking out of the same, Spencer having been before convicted.</rs> </p>
<hi rend="largeCaps">SPENCER</hi>**—
<rs id="t18741214-20-punishment-19" type="punishmentDescription">
<interp inst="t18741214-20-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18741214-20-punishment-19" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-20-18741214 t18741214-20-punishment-19"/>
<hi rend="italic">Two Years' Imprisonment.</hi> </rs> </p>
<hi rend="largeCaps">ROBINSON</hi>
<rs id="t18741214-20-punishment-20" type="punishmentDescription">
<interp inst="t18741214-20-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18741214-20-punishment-20" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-20-18741214 t18741214-20-punishment-20"/>
<hi rend="italic">Twelve Months' Imprisonment.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18741214-84">
<interp inst="t18741214-84" type="uri" value="sessionsPapers/18741214"/>
<interp inst="t18741214-84" type="date" value="18741214"/>
<join result="criminalCharge" id="t18741214-84-charge-1" targOrder="Y" targets="def1-84-18741214 t18741214-84-offence-1 t18741214-84-verdict-1"/>
<persName id="def1-84-18741214" type="defendantName">
<interp inst="def1-84-18741214" type="gender" value="female"/>
<interp inst="def1-84-18741214" type="age" value="20"/>
<interp inst="def1-84-18741214" type="surname" value="RODEN"/>
<interp inst="def1-84-18741214" type="given" value="ELLEN"/>
<hi rend="largeCaps">ELLEN RODEN</hi> (20)</persName>
<rs id="t18741214-84-offence-1" type="offenceDescription">
<interp inst="t18741214-84-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18741214-84-offence-1" type="offenceSubcategory" value="burglary"/>, Burglariously breaking and entering the dwelling-house of
<persName id="t18741214-name-140" type="victimName">
<interp inst="t18741214-name-140" type="gender" value="male"/>
<interp inst="t18741214-name-140" type="surname" value="RESTALL"/>
<interp inst="t18741214-name-140" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18741214-84-offence-1 t18741214-name-140"/>George Restall</persName> and stealing therein three frocks, one shell, a basket, and other articles, his property.
<hi rend="italic">Second Count.</hi>—Feloniously re
<lb/>ceiving the same.</rs> </p>
<hi rend="smallCaps">MR. WITHERS</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741214-name-141" type="witnessName">
<interp inst="t18741214-name-141" type="gender" value="male"/>
<interp inst="t18741214-name-141" type="surname" value="MEMORY"/>
<interp inst="t18741214-name-141" type="given" value="ALFRED"/>ALFRED MEMORY</persName> </hi> (
<hi rend="italic">Policeman R G</hi> 132). On 19th November I was on duty in Central Street, St. Luke's, and saw the prisoner and two men at 2.15 a.m. carrying this ornament with a shade on it—they all ran—I stopped the pri
<lb/>soner, she had this box under her arm, but the shade had gone off the ornament—she said that she bought them of
<hi rend="italic">Polly</hi> Gamble, of 17, Maccles
<lb/>field Street, for 9
<hi rend="italic">d</hi>.—I inquired and found that no such person lived there—I afterwards found these other articles
<hi rend="italic">lying</hi> in a doorway just beyond where I had stopped her—I took them to her at the station and she said that she knew nothing of them—that was after I told her that I had been to Macclesfield Street.</p>
<hi rend="italic">Prisoner. Q.</hi> Did not I tell you that it was no good going there as the girl had moved away?
<hi rend="italic">A.</hi> No—I saw another young woman there—you said that we should find it correct if we went there and you told the inspector so too.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-142" type="witnessName">
<interp inst="t18741214-name-142" type="gender" value="female"/>
<interp inst="t18741214-name-142" type="surname" value="RESTALL"/>
<interp inst="t18741214-name-142" type="given" value="PENELOPE"/>PENELOPE RESTALL</persName> </hi>. I live at 29, Charles Street, City Road—on the morning of 19th November I was aroused by a noise—I got up immediately and found the parlour door open, the drawers open and ransacked and things strewed all over the carpet—I missed" some apparel, a little case of shell flowers, and a case with a bird in it; they are my son's property—the street door was open, I think it had been opened by a false key, there was no appearance of violence—I had gone to bed at 10.30 and left the lock quite secure—there is a lamp outside and we draw the blind up to let the light on to the clock, and as I did so I saw two men outside—that was before I went downstairs.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-143" type="witnessName">
<interp inst="t18741214-name-143" type="gender" value="male"/>
<interp inst="t18741214-name-143" type="surname" value="RESTALL"/>
<interp inst="t18741214-name-143" type="given" value="GEORGE"/>GEORGE RESTALL</persName> </hi>. I was aroused by my mother at a few minutes to two o'clock—I got up, and found the parlour door wide open and the drawers ransacked—I missed a shade and a stuffed bird—I did not see the street door, but it was shut at 10.30.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-144" type="witnessName">
<interp inst="t18741214-name-144" type="gender" value="male"/>
<interp inst="t18741214-name-144" type="surname" value="RESTALL"/>
<interp inst="t18741214-name-144" type="given" value="ROBERT"/>ROBERT RESTALL</persName> </hi>. I live at 6, Longueville Road, Newington, Surrey, and am a collar cutter and a waiter—on 18th November I went to my mother's house to sleep—I got there at 12.40, and went in with a street-door key—I closed the street door after me.</p>
<hi rend="italic">Prisoner's Defence.</hi> I did not know that they were stolen, or I would have had nothing to do with the young woman.</p>
<rs id="t18741214-84-verdict-1" type="verdictDescription">
<interp inst="t18741214-84-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741214-84-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">on the Second Count—</hi> </rs>
<hi rend="italic">
<rs id="t18741214-84-punishment-21" type="punishmentDescription">
<interp inst="t18741214-84-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18741214-84-punishment-21" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-84-18741214 t18741214-84-punishment-21"/>Six Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18741214-85">
<interp inst="t18741214-85" type="uri" value="sessionsPapers/18741214"/>
<interp inst="t18741214-85" type="date" value="18741214"/>
<join result="criminalCharge" id="t18741214-85-charge-1" targOrder="Y" targets="def1-85-18741214 t18741214-85-offence-1 t18741214-85-verdict-1"/>
<persName id="def1-85-18741214" type="defendantName">
<interp inst="def1-85-18741214" type="gender" value="male"/>
<interp inst="def1-85-18741214" type="age" value="36"/>
<interp inst="def1-85-18741214" type="surname" value="CHABROL"/>
<interp inst="def1-85-18741214" type="given" value="LOUIS JOSEPH DE"/>
<hi rend="largeCaps">LOUIS JOSEPH DE CHABROL</hi> (36)</persName>
<rs id="t18741214-85-offence-1" type="offenceDescription">
<interp inst="t18741214-85-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18741214-85-offence-1" type="offenceSubcategory" value="fraud"/>, Unlawfully obtaining 7
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. by false pretences.</rs> </p>
<hi rend="smallCaps">MR. MATTHEWS</hi>
<hi rend="italic">conducted the Prosecution; and</hi> Mr. St. Aubyn
<hi rend="italic">the Defence.</hi> </p>
<xptr type="pageFacsimile" doc="187412140033"/>
<hi rend="smallCaps">
<persName id="t18741214-name-146" type="witnessName">
<interp inst="t18741214-name-146" type="gender" value="male"/>
<interp inst="t18741214-name-146" type="surname" value="WULLMAN"/>
<interp inst="t18741214-name-146" type="given" value="SOLOMON"/>SOLOMON WULLMAN</persName> </hi>. I am a tailor, of 94, Regent Street,—on 13th October the prisoner, whom I knew previously, came and ordered clothes to the amount of 6
<hi rend="italic">l</hi>.—he came again on the 14th to try them on, and brought me this cheque for 7
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., which he asked me to cash, and I did so—he told me that he also had an account at the bank at Plymouth—I paid it into my bankers; and it was returned to me on the 17th, marked "Refer to drawer;" but earlier in the day the prisoner brought me a cheque for 9
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. to pay for the clothes—I gave him 3
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. change, paid the cheque in, and it was also returned—I know the prisoner's writing—this letter is written by him. (
<hi rend="italic">This was dated from Newton Abbott, requesting 'Mr. Wullman to let him know whether the cheques were all right, as he feared that during his illness there might not be money to meet them.</hi>) The cheques were presented three times.</p>
<hi rend="italic">Cross-examined.</hi> He had ordered goods of me before that, and had paid me one cheque on that very bank for 1
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>.—I have known him two years—he has been upstairs in my private house many times—he was introduced to me by a friend of mine—I met the prisoner accidentally at Paddington Station on 17th November, a month after the cheque was returned—he told me he was going to Newton Abbott; that is between Exeter and Ply
<lb/>mouth—I saw my son leave Paddington in the same train with the. prisoner—I went to Marlborough Street next morning, and obtained a warrant.</p>
<hi rend="italic">Re-examined.</hi> He had not come to me before I met him at Paddington—before that he had been in the habit of doing so.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-147" type="witnessName">
<interp inst="t18741214-name-147" type="gender" value="male"/>
<interp inst="t18741214-name-147" type="surname" value="CROSS"/>
<interp inst="t18741214-name-147" type="given" value="HENRY"/>HENRY CROSS</persName> </hi>. I am manager of the West of England and South Wales Bank, Plymouth—the prisoner had an account there, but it was overdrawn 73
<hi rend="italic">l</hi>. is. 10
<hi rend="italic">d</hi>.—on 13th October these two cheques were presented and dis
<lb/>honoured—on 21st July I sent the prisoner his pass-book; he was then debtor 70
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>.—I saw him in August, and he gave me two bills which he wished to have discounted—I told him I could not do so, as I could not obtain sufficient information about the acceptors, but I would hold them till they were paid—he said "I am expecting a remittance every day, and will come in and pay the balance"—I told him I should pay no more cheques—the first letter I wrote to him in reference to his account was on 28th June, 1874—this is a copy of it (
<hi rend="italic">produced.</hi>)</p>
<hi rend="italic">Cross-examined.</hi> He opened his account in August, 1871, and an average of 1,000
<hi rend="italic">l</hi>. a year passed through the bank—he paid in 600
<hi rend="italic">l</hi>. during the last six months—I paid a cheque for 2
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. next day, after giving him notice that he had overdrawn—it is not unusual for persons to overdraw, if they give security—we now hold this bill for 49
<hi rend="italic">l</hi>.; it is not due till next April—credit for 126
<hi rend="italic">l</hi>. was actually given to the prisoner on 23rd October—if a cheque for 100
<hi rend="italic">l</hi>. had come in next morning I should not have paid it; I should have asked them to present it again—he wrote to me on 9th November, and said "I am compelled to stop here; by to-morrow or the following day a large sum shall be paid in to my account. Will you then be good enough not to return my cheques if any be presented in the interval? I beg this as a particular favour"—a gentleman has, told me that he was about to advance him 1000
<hi rend="italic">l</hi>. if it had not been for his arrest.</p>
<hi rend="smallCaps">
<rs id="t18741214-85-verdict-1" type="verdictDescription">
<interp inst="t18741214-85-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18741214-85-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18741214-86">
<interp inst="t18741214-86" type="uri" value="sessionsPapers/18741214"/>
<interp inst="t18741214-86" type="date" value="18741214"/>
<join result="criminalCharge" id="t18741214-86-charge-1" targOrder="Y" targets="def1-86-18741214 t18741214-86-offence-1 t18741214-86-verdict-1"/>
<persName id="def1-86-18741214" type="defendantName">
<interp inst="def1-86-18741214" type="gender" value="male"/>
<interp inst="def1-86-18741214" type="age" value="27"/>
<interp inst="def1-86-18741214" type="surname" value="FOX"/>
<interp inst="def1-86-18741214" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES FOX</hi> (27)</persName>
<rs id="t18741214-86-offence-1" type="offenceDescription">
<interp inst="t18741214-86-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18741214-86-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously cutting and wounding
<persName id="t18741214-name-149" type="victimName">
<interp inst="t18741214-name-149" type="gender" value="female"/>
<interp inst="t18741214-name-149" type="surname" value="HAGGERTY"/>
<interp inst="t18741214-name-149" type="given" value="ELLEN"/>
<join result="offenceVictim" targOrder="Y" targets="t18741214-86-offence-1 t18741214-name-149"/>Ellen Hag
<lb/>gerty</persName>, with intent to do her some grievous bodily harm.</rs> </p>
<xptr type="pageFacsimile" doc="187412140034"/>
<hi rend="smallCaps">MR. PLATT</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741214-name-150" type="witnessName">
<interp inst="t18741214-name-150" type="gender" value="female"/>
<interp inst="t18741214-name-150" type="surname" value="HAGGERTY"/>
<interp inst="t18741214-name-150" type="given" value="ELLEN"/>ELLEN HAGGERTY</persName> </hi>. I am the wife of Daniel Haggerty, of 13, Prince: Street—on 17th November a summons was taken out between the prisoner'; mistress and the landlady—the prisoner was a witness for the mistress, and I was a witness for the landlady—the summons was dismissed, and after we left the Court the prisoner threatened that he would do for me before the night was out—I said "What for, I never saw you before"—I crossed the road, he followed me, put his fist in my face, and said what he would do to me—I went straight home, and in about an hour and a half I was in the court, and he used very bad language, and said "I will do for you before the night is out"—I said "You use such beastly names I will knock you down with the prop," but I put it down—he went into the workshop, brought out a brick, and struck me with it on the forehead—I staggered, and my sister ran to the doctor with me—I was ordered to the hospital, and remained there a fortnight, and then I was not strong enough to ap
<lb/>pear at the Court, and went back to the hospital and waited till the Satur
<lb/>day following—I did not strike him with the prop or throw a brick at him—lam sure the brick was fetched from the workshop, it was dry.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> I did not threaten to knock your brains out when you came out of the Court—I did not say "Where is that b——, Fox?" did not know who you were or where you lived, and I did not know you were there—I did not threaten on the Friday to knock your brains out, I did not know you or any of Mr. Rubery's working men.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-151" type="witnessName">
<interp inst="t18741214-name-151" type="gender" value="male"/>
<interp inst="t18741214-name-151" type="surname" value="CRAGG"/>
<interp inst="t18741214-name-151" type="given" value="WILLIAM"/>WILLIAM CRAGG</persName> </hi>. I am a coal merchant, of 13, Princes Street—on 17th November, about 4.30, I heard a noise in the back yard, went out, and the prisoner was in the yard adjoining using disgusting language, and threaten
<lb/>ing to knock Mrs. Haggerty's b——brains out—she had a clothes prop in her hand, and said she would knock him down with it if he made use of such beastly disgusting language—she did not strike him with it, if she had I must have seen her—I tried to take it from her, and she gave it to me—the prisoner then rushed off to the workshop—his master and mistress were standing on a little mound of dirt kicking up a disturbance, and the pri
<lb/>soner came out with a, brick, and, with an oath, said that he would knock her b——brains out, and then threw it at her—it struck her on the face and he rushed through the house—she did not throw a brick at him, she had nothing in her band after I took the prop.</p>
<hi rend="italic">Cross-examined.</hi> She did not have a brick in her hand—I did not tell her to fight you—I had to contend with five or six of you—you wanted to fight me in the road.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-152" type="witnessName">
<interp inst="t18741214-name-152" type="gender" value="male"/>
<interp inst="t18741214-name-152" type="surname" value="THORNTON"/>
<interp inst="t18741214-name-152" type="given" value="GEORGE"/>GEORGE THORNTON</persName> </hi>. I am a cabinet maker—I heard a disturbance, went into the yard, and saw Mrs. Haggerty quarrelling with Mr. and Mrs. Rubery—I did not see the prisoner in the yard then, but he rushed out with a brick in his hand, and threw it at Mrs. Haggerty—it hit her in the face, and he ran away—I followed him, but could not catch him—I saw him bring the brick from the workshop.</p>
<hi rend="italic">Cross-examined.</hi> I did not see you go into the workshop, but I saw you return with the brick in your hand.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-153" type="witnessName">
<interp inst="t18741214-name-153" type="gender" value="male"/>
<interp inst="t18741214-name-153" type="surname" value="SMITH"/>
<interp inst="t18741214-name-153" type="given" value="ROLAND"/>ROLAND SMITH</persName> </hi>. I am house surgeon to the London Hospital—on 17th November Mrs. Haggerty was brought there with a laceration across her nose and forehead, and a compound fracture of the nasal bone—she was dis
<lb/>charged on December 3rd to go to Worship Street, but she fainted, and I took her in again—it requires considerable force to break the nasal bone—this brick would be likely to cause those injuries.</p>
<xptr type="pageFacsimile" doc="187412140035"/>
<hi rend="smallCaps">
<persName id="t18741214-name-154" type="witnessName">
<interp inst="t18741214-name-154" type="gender" value="male"/>
<interp inst="t18741214-name-154" type="surname" value="COWLEY"/>
<interp inst="t18741214-name-154" type="given" value="JAMES"/>JAMES COWLEY</persName> </hi> (
<hi rend="italic">Policeman H</hi> 46). On the 17th November, about 7.30, I took the prisoner and told him it was for violently assaulting a woman lying in the London Hospital—he made no answer—he said at the station "I got into this mess by taking other people's part—she threw the brick at me first and I threw it back."</p>
<hi rend="italic">Witnesses for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741214-name-155" type="witnessName">
<interp inst="t18741214-name-155" type="gender" value="male"/>
<interp inst="t18741214-name-155" type="surname" value="GOWIN"/>
<interp inst="t18741214-name-155" type="given" value="THOMAS"/>THOMAS GOWIN</persName> </hi>. On 17th November the prosecutrix came up to the door and said something very bad and that she would knock the prisoner's d——d eyes out—I afterwards went down to see how they got on with the summons and the prosecutrix was in the yard with a prop and said she would have his b——eye out—Cragg took the prop from her and she took up. the brick, but who threw it first I cannot say—I saw it in her hand five or sis minutes.</p>
<hi rend="italic">Cross-examined.</hi> She threatened to throw it at him.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-156" type="witnessName">
<interp inst="t18741214-name-156" type="gender" value="male"/>
<interp inst="t18741214-name-156" type="surname" value="MCDONALD"/>
<interp inst="t18741214-name-156" type="given" value="JAMES"/>JAMES MCDONALD</persName> </hi>. On the 17th November a summons was taken out at Worship Street between Mrs. Cragg and Margaret Rubery, the prisoner was a witness and the case was dismissed on his evidence—as we left the prosecutrix said "You b——white-livered swine I will pay you before the night is out," and she came up again and said "You b——white-livered swine I will brain you before the night is out," and she went to my brother and said "Send the b——white-livered swine out"—she also said "I will put you where you came from"—I said "Where is that?"—she said "In Worship Street"—I heard a disturbance in the yard and saw her with a prop in her hand and she said "You b——white-livered swine I will gouge your eye out," and then she took up a brick and said "You b——white-livered swine I will brain you."</p>
<hi rend="italic">Cross-examined.</hi> She threw the brick—it is in our shop now—I did not know that there was any occasion to bring it—we found it the next morning—the prisoner stooped and avoided it, it did not hit him.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. It was the half of an old brick—there were I think about three old bricks lying in the yard—I am sure that the one she threw at him we found the following morning on a bench.</p>
<hi rend="smallCaps">RUBERY</hi> On 17th November a summons was taken out by Mrs. Cragg against Mrs. Rubery—the prisoner was a witness for Mrs. Rubery and the injured party was a witness on the opposite side—I was outside the Court—the case was dismissed, and when the prisoner got outside the Court Mrs. Haggerty flew at him and said "Where is that knife-nosed b——?" said "What are you to do with it Ma'am? it is nothing to do with you," and I said to the prisoner "Do get away, come straight home—we crosssed the road and several females were with the injured woman who molested us with their blackguard language, they crosssed over to us and threatened to punch the prisoner's nose out and mine also—we went to a public-house and sat there half an hour I said "Perhaps they have got home now," and we went on our way home and called in at the Queen's Head public-house—I said that the injured woman was "coming to kick up a row again, do be quiet, she threatens your life"—I then went on an errand and met my child five years old in the street who said "Mrs. Hag
<lb/>gerty has hit me on the head with a cullendar"—I felt his head and it was cut—I went into the road and saw Mrs. Haggerty with a brick in her hand—she said "I don't want to hurt you, I only want that beast-eyed b——."</p>
<hi rend="italic">Cross-examined.</hi> I am quite sober but excited.</p>
<xptr type="pageFacsimile" doc="187412140036"/>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. She threw the brick, but I did not see where it went to—I did not see the prisoner in the yard, but Mrs. Haggerty had the brick in her hand six or seven minutes saying "Bring him out, bring him out"—I said "Why don't you knock the brick out of her hand"—I suppose they both threw bricks, because the nest morning I found a brick on my bench—I was protecting my wife because Mrs. Haggerty said "Stand clear, Mrs. Rubery, I don't want to hurt you."</p>
<hi rend="smallCaps">
<persName id="t18741214-name-157" type="witnessName">
<interp inst="t18741214-name-157" type="gender" value="female"/>
<interp inst="t18741214-name-157" type="surname" value="RUBERY"/>
<interp inst="t18741214-name-157" type="given" value="MARGARET"/>MARGARET RUBERY</persName> </hi>. The prosecutrix used very violent threats to the prisoner at Worship Street, and said that she would have his brains before night—we crossed the road to get away from her violence, and she still said the same—I saw her afterwards in the yard with a clothes prop to gouge out his eyes, but Mr. Cragg took it away from her, and she instantly took a brick in her hand, held it several minutes, and threatened to throw it—she said "Stand aside, Mrs. Rubery, I do not want to hurt you, but that b——white-livered swine, you have not English to deal with, but Irish"—the prisoner said "If you drop your brick I will drop mine," and instantly the bricks were exchanged, and I saw Mrs. Haggerty put her apron up to her face, and walk away to the doctor's—she did not fall.</p>
<hi rend="italic">Prisoner's Defence.</hi> Do you think I should assault that woman when we won the summons; she assaulted me in Worship Street, and threatened to knock my brains out; she also used foul language in the yard, picked up a prop, and tried to gouge my eye out, but McDonald guarded it off. She then picked up a brick, and I said "If you throw that at me I shall throw this at you;" she threw her brick at me, and I returned mine at her, but I did not intend to hurt her, only to frighten her, as she is a desperate woman.</p>
<rs id="t18741214-86-verdict-1" type="verdictDescription">
<interp inst="t18741214-86-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741214-86-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of unlawfully wounding, under great provocation—</hi> </rs>
<hi rend="italic">
<rs id="t18741214-86-punishment-22" type="punishmentDescription">
<interp inst="t18741214-86-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18741214-86-punishment-22" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-86-18741214 t18741214-86-punishment-22"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18741214-87">
<interp inst="t18741214-87" type="uri" value="sessionsPapers/18741214"/>
<interp inst="t18741214-87" type="date" value="18741214"/>
<join result="criminalCharge" id="t18741214-87-charge-1" targOrder="Y" targets="def1-87-18741214 t18741214-87-offence-1 t18741214-87-verdict-1"/>
<persName id="def1-87-18741214" type="defendantName">
<interp inst="def1-87-18741214" type="gender" value="male"/>
<interp inst="def1-87-18741214" type="age" value="34"/>
<interp inst="def1-87-18741214" type="surname" value="GREEN"/>
<interp inst="def1-87-18741214" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN GREEN</hi> (34)</persName>
<rs id="t18741214-87-offence-1" type="offenceDescription">
<interp inst="t18741214-87-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18741214-87-offence-1" type="offenceSubcategory" value="animalTheft"/>, Stealing one sheep, the property of
<persName id="t18741214-name-159" type="victimName">
<interp inst="t18741214-name-159" type="gender" value="male"/>
<interp inst="t18741214-name-159" type="surname" value="PARFETT"/>
<interp inst="t18741214-name-159" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18741214-87-offence-1 t18741214-name-159"/>John Parfett</persName>.</rs> </p>
<hi rend="smallCaps">MR. A. B. KELLY</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. COLE</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741214-name-160" type="witnessName">
<interp inst="t18741214-name-160" type="gender" value="male"/>
<interp inst="t18741214-name-160" type="surname" value="DAWSON"/>
<interp inst="t18741214-name-160" type="given" value="JOHN"/>JOHN DAWSON</persName> </hi>. I am in the employ of Mr. Parfett, of Feltham—on 5th November, at 5 p.m., he had a sheep named
<hi rend="italic">Billy,</hi> in a small paddock ad
<lb/>joining the kitchen garden—about 7.10 the next morning I went there and found nothing but the fore quarters and the head—I communicated with the police, and Cooper went with me to the paddock—we compared the skin with a part of it which had been brought from Staines, and the two portions corresponded—there is no doubt that they belonged to the same carcase.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-161" type="witnessName">
<interp inst="t18741214-name-161" type="gender" value="male"/>
<interp inst="t18741214-name-161" type="surname" value="MORRIS"/>
<interp inst="t18741214-name-161" type="given" value="MATTHEW"/>MATTHEW MORRIS</persName> </hi>. On the last day of November I was with Reed, the carman, leading a horse on the Charlton Road about 9 p.m.—I felt a weight on the back of the cart, and found a-man there—I should not know him—I told him he must get off—he went to the other side of the road, and I never saw him afterwards—I put my hand to the back of the cart and felt part of a sheep—I then brought Reed to the back of the cart, and we sent for the police, and gave them the sheep—while the police were at the Spell
<lb/>thorne Inn the prisoner came up, looked at the sheep, and said "If you want me you know where to find me."</p>
<hi rend="italic">Cross-examined.</hi> I did not hear whether Reed had said anything to him—it was a very wet night, and we had been on the road from 3 a.m. till 9 p.m.—it was a market gardener's cart laden with dung—it had been rain
<lb/>ing part of the time, and the roads were wet and muddy—there was a ladder</p>
<xptr type="pageFacsimile" doc="187412140037"/>
<p>at the back of the cart level with the cart—the inn is about five minute walk from the place where I felt some one behind the cart.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-162" type="witnessName">
<interp inst="t18741214-name-162" type="gender" value="male"/>
<interp inst="t18741214-name-162" type="surname" value="REED"/>
<interp inst="t18741214-name-162" type="given" value="JOSEPH"/>JOSEPH REED</persName> </hi>. On 30th November the boy who was with me coming home spoke to me, and I went to the back of the cart and found the hind part of a sheep—we went on to the Spellthorne Inn, and going along I saw a man following us; he kept at one distance behind us, and when we stop
<lb/>ped at the inn he came up, and it was the prisoner—I asked him whether he was the man who put the sheep on the cart, he said "No"—I said "It is very strange, you are the man who followed me"—he said "Don't you know me, Joe?"—I said "No"—he said "Don't you know John Green?"—I said "Yes"—he said "That he was at home if he was wanted"—I sent for the police, and gave them the sheep—it was about a mile from Feltham where the boy showed me the sheep in the cart.</p>
<hi rend="italic">Cross-examined.</hi> I sent the boy to mind the horse and I went to the back of the cart—the man went down the Staines Road—the ladder fixes into the cart on some irons; it is about 6 feet wide, and wider than it is broad—I did not know the prisoner till he said "Don't you know me, Joe?—I knew where he lived—it had been a very wet, soaking day, and I had been on the road ever since 3 o'clock in the morning.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>.
<hi rend="italic">Q.</hi> When you went to the back of the cart, was he sit
<lb/>ting on the ladder?
<hi rend="italic">A.</hi> No, he was off the cart and was following me—there was a place for him to sit there—the quarter of the sheep was lying on the tail, and he could have sat next to it.</p>
<hi rend="italic">Re-examined.</hi> The prosecutor's premises are about three-quarter a of a mile from where my attention was attracted by the boy.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-163" type="witnessName">
<interp inst="t18741214-name-163" type="gender" value="male"/>
<interp inst="t18741214-name-163" type="surname" value="HOOPER"/>
<interp inst="t18741214-name-163" type="given" value="HENRY"/>HENRY HOOPER</persName> </hi> (
<hi rend="italic">Policeman T</hi> 199). On the 30th November, about 9 o'clock, I went to the Spellthorne Inn and saw the hind quarters of a sheep, with the skin on and quite warm—in consequence of what I heard I went to the prisoner's house—he looked out of the window, and I was admitted—I asked him if he had been to Feltham; he said "No, he had been to his brother's"—I saw his trousers on the back of a chair by the fire; I examined them, and found spots of blood—I examined his coat, which was on another chair, and saw wool on the collar and on his cap—I told him I should take him on suspicion of stealing a sheep—he made no reply, and I took him in custody—next morning I went to the inn, and in a little paddock at the back of the house I saw the fore quarters of a sheep—the hind quarters were at the station—I saw them compared before the Bench, and they agreed exactly—the skin also matched—I compared the prisoner's boots with the footprints where the sheep was killed, and they corresponded—the nails go right through the waist to the heel, and they are neither square nor round—the boots are now on the prisoner's feet.</p>
<hi rend="italic">Cross-examined.</hi> When I knocked at the door he came to the window, and asked who was there—I said "Police-constable Simms" and he came down and let me in—he has got the trousers on; he has no others.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-164" type="witnessName">
<interp inst="t18741214-name-164" type="gender" value="male"/>
<interp inst="t18741214-name-164" type="surname" value="SIMMS"/>
<interp inst="t18741214-name-164" type="given" value="ALFRED"/>ALFRED SIMMS</persName> </hi> (
<hi rend="italic">Policeman T</hi> 264). I went with Hooper to the Spell
<lb/>thorne Inn, and saw a sheepskin; we then went to the prisoner's house, and found him undressed—his trousers had been washed as high as the knees, and above that there were marks of fresh blood, and also on his coat—I called his attention to that, and he made no reply—I found this wool (
<hi rend="italic">produced</hi>) on his coat, and some on his whiskers, and on his cap, which was a woolly one.</p>
<hi rend="italic">Cross-examined.</hi> I found several drops of blood on his trousers; it was</p>
<xptr type="pageFacsimile" doc="187412140038"/>
<p>round, here (
<hi rend="italic">on the right hip</hi>)—I found no instrument on his premises with which a sheep could be slaughtered, but I found two choppers—I stated on the remand that the blood on his trousers was still wet—ho was taken in custody about 11 o'clock.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-165" type="witnessName">
<interp inst="t18741214-name-165" type="gender" value="male"/>
<interp inst="t18741214-name-165" type="surname" value="REED"/>
<interp inst="t18741214-name-165" type="given" value="JOSEPH"/>JOSEPH REED</persName> </hi> (
<hi rend="italic">re-examined</hi>). It was the boy's cart, not mine—I did not notice any blood on the tail of the cart, but the boy's father said that there was blood and wool on the ladder next morning, and on the tail of the cart.</p>
<hi rend="smallCaps">COURT</hi>
<hi rend="italic">to</hi>
<hi rend="smallCaps">A. SIMS</hi>.
<hi rend="italic">Q.</hi> Was the blood on the seat of the trousers?
<hi rend="italic">A.</hi> Yes; two large patches, and a drop or two in front—they appeared to have been washed as high as the knees, and there was no mud on them—his shoes had been washed also.</p>
<hi rend="smallCaps">
<rs id="t18741214-87-verdict-1" type="verdictDescription">
<interp inst="t18741214-87-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18741214-87-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18741214-88">
<interp inst="t18741214-88" type="uri" value="sessionsPapers/18741214"/>
<interp inst="t18741214-88" type="date" value="18741214"/>
<join result="criminalCharge" id="t18741214-88-charge-1" targOrder="Y" targets="def1-88-18741214 t18741214-88-offence-1 t18741214-88-verdict-1"/>
<persName id="def1-88-18741214" type="defendantName">
<interp inst="def1-88-18741214" type="gender" value="male"/>
<interp inst="def1-88-18741214" type="age" value="34"/>
<interp inst="def1-88-18741214" type="surname" value="GREEN"/>
<interp inst="def1-88-18741214" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN GREEN</hi> </persName>
<hi rend="italic">was again</hi> indicted
<rs id="t18741214-88-offence-1" type="offenceDescription">
<interp inst="t18741214-88-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18741214-88-offence-1" type="offenceSubcategory" value="simpleLarceny"/> for feloniously killing a sheep, with intent to steal the carcase.</rs> </p>
<hi rend="smallCaps">MR. A. B. KELLY</hi>
<hi rend="italic">offered no evidence.</hi> </p>
<hi rend="smallCaps">
<rs id="t18741214-88-verdict-1" type="verdictDescription">
<interp inst="t18741214-88-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18741214-88-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18741214-89">
<interp inst="t18741214-89" type="uri" value="sessionsPapers/18741214"/>
<interp inst="t18741214-89" type="date" value="18741214"/>
<join result="criminalCharge" id="t18741214-89-charge-1" targOrder="Y" targets="def1-89-18741214 t18741214-89-offence-1 t18741214-89-verdict-1"/>
<persName id="def1-89-18741214" type="defendantName">
<interp inst="def1-89-18741214" type="gender" value="female"/>
<interp inst="def1-89-18741214" type="age" value="32"/>
<interp inst="def1-89-18741214" type="surname" value="CONNOR"/>
<interp inst="def1-89-18741214" type="given" value="MARGARET"/>
<hi rend="largeCaps">MARGARET CONNOR</hi> (32)</persName>,
<hi rend="smallCaps">
<rs id="t18741214-89-verdict-1" type="verdictDescription">
<interp inst="t18741214-89-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741214-89-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.
<rs id="t18741214-89-offence-1" type="offenceDescription">
<interp inst="t18741214-89-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18741214-89-offence-1" type="offenceSubcategory" value="pocketpicking"/> to stealing 9
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>., of
<persName id="t18741214-name-168" type="victimName">
<interp inst="t18741214-name-168" type="gender" value="male"/>
<interp inst="t18741214-name-168" type="surname" value="SCHIOTT"/>
<interp inst="t18741214-name-168" type="given" value="AUGUST"/>
<join result="offenceVictim" targOrder="Y" targets="t18741214-89-offence-1 t18741214-name-168"/>August Schiott</persName> from his person. She was further charged with having been before convicted.</rs> </p>
<hi rend="smallCaps">
<persName id="t18741214-name-169" type="witnessName">
<interp inst="t18741214-name-169" type="gender" value="female"/>
<interp inst="t18741214-name-169" type="surname" value="HOW"/>
<interp inst="t18741214-name-169" type="given" value="CHARLOTTE"/>CHARLOTTE HOW</persName> </hi>. I am a female warder of the House of Correction, West
<lb/>minster—I have known the prisoner for the last three or four years—she was tried at Middlesex Sessions on 20th March, 1871, for stealing la. 10
<hi rend="italic">d</hi>. from the person, and sentenced to six months' imprisonment—this is the certificate (
<hi rend="italic">produced</hi>), it relates to the prisoner.</p>
<hi rend="italic">Prisoner.</hi> I have only been with her once; I don't dispute that.</p>
<hi rend="smallCaps">
<rs id="t18741214-89-verdict-1" type="verdictDescription">
<interp inst="t18741214-89-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741214-89-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>**—
<hi rend="italic">
<rs id="t18741214-89-punishment-23" type="punishmentDescription">
<interp inst="t18741214-89-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18741214-89-punishment-23" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-89-18741214 t18741214-89-punishment-23"/>Two Years' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18741214-90">
<interp inst="t18741214-90" type="uri" value="sessionsPapers/18741214"/>
<interp inst="t18741214-90" type="date" value="18741214"/>
<join result="criminalCharge" id="t18741214-90-charge-1" targOrder="Y" targets="def1-90-18741214 t18741214-90-offence-1 t18741214-90-verdict-2"/>
<join result="criminalCharge" id="t18741214-90-charge-2" targOrder="Y" targets="def2-90-18741214 t18741214-90-offence-2 t18741214-90-verdict-1"/>
<join result="criminalCharge" id="t18741214-90-charge-3" targOrder="Y" targets="def1-90-18741214 t18741214-90-offence-3 t18741214-90-verdict-2"/>
<join result="criminalCharge" id="t18741214-90-charge-4" targOrder="Y" targets="def2-90-18741214 t18741214-90-offence-4 t18741214-90-verdict-1"/>
<join result="criminalCharge" id="t18741214-90-charge-5" targOrder="Y" targets="def1-90-18741214 t18741214-90-offence-5 t18741214-90-verdict-2"/>
<persName id="def1-90-18741214" type="defendantName">
<interp inst="def1-90-18741214" type="gender" value="male"/>
<interp inst="def1-90-18741214" type="age" value="27"/>
<interp inst="def1-90-18741214" type="surname" value="JENKINS"/>
<interp inst="def1-90-18741214" type="given" value="ALFRED MACKWELL"/>
<hi rend="largeCaps">ALFRED MACKWELL JENKINS</hi> (27)</persName>, Was indicted (with
<persName id="t18741214-name-171">
<interp inst="t18741214-name-171" type="gender" value="male"/>
<interp inst="t18741214-name-171" type="surname" value="COLE"/>
<interp inst="t18741214-name-171" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES COLE</hi> </persName>, not in custody,)
<rs id="t18741214-90-offence-1" type="offenceDescription">
<interp inst="t18741214-90-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18741214-90-offence-1" type="offenceSubcategory" value="theftFromPlace"/> for stealing goods, value 109
<hi rend="italic">l</hi>. in the dwelling-house of
<persName id="t18741214-name-172" type="victimName">
<interp inst="t18741214-name-172" type="gender" value="male"/>
<interp inst="t18741214-name-172" type="surname" value="NICHOLSON"/>
<interp inst="t18741214-name-172" type="given" value="FREDERICK"/>
<join result="offenceVictim" targOrder="Y" targets="t18741214-90-offence-1 t18741214-name-172"/>Sir Frederick Nicholson</persName>, and </rs>
<persName id="def2-90-18741214" type="defendantName">
<interp inst="def2-90-18741214" type="gender" value="female"/>
<interp inst="def2-90-18741214" type="age" value="28"/>
<interp inst="def2-90-18741214" type="surname" value="SMITH"/>
<interp inst="def2-90-18741214" type="given" value="MARTHA"/>
<hi rend="largeCaps">MARTHA SMITH</hi> (28)</persName>
<rs id="t18741214-90-offence-2" type="offenceDescription">
<interp inst="t18741214-90-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18741214-90-offence-2" type="offenceSubcategory" value="receiving"/>, feloniously receiving the same.</rs>
<hi rend="largeCaps">JENKINS</hi> was further charged with
<rs id="t18741214-90-offence-3" type="offenceDescription">
<interp inst="t18741214-90-offence-3" type="offenceCategory" value="theft"/>
<interp inst="t18741214-90-offence-3" type="offenceSubcategory" value="stealingFromMaster"/>steal
<lb/>ing an umbrella, the property of his master</rs>, and
<hi rend="largeCaps">SMITH</hi>
<rs id="t18741214-90-offence-4" type="offenceDescription">
<interp inst="t18741214-90-offence-4" type="offenceCategory" value="theft"/>
<interp inst="t18741214-90-offence-4" type="offenceSubcategory" value="receiving"/> with receiving the same </rs>
<hi rend="italic">Other Counts</hi> charged
<hi rend="largeCaps">JENKINS</hi> with
<rs id="t18741214-90-offence-5" type="offenceDescription">
<interp inst="t18741214-90-offence-5" type="offenceCategory" value="theft"/>
<interp inst="t18741214-90-offence-5" type="offenceSubcategory" value="receiving"/>receiving</rs>.</p>
<hi rend="smallCaps">MR. STRAIGHT</hi>
<hi rend="italic">offered no evidence against</hi>
<hi rend="largeCaps">SMITH</hi>.</p>
<hi rend="smallCaps">
<rs id="t18741214-90-verdict-1" type="verdictDescription">
<interp inst="t18741214-90-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18741214-90-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p>
<hi rend="largeCaps">JENKINS</hi>
<rs id="t18741214-90-verdict-2" type="verdictDescription">
<interp inst="t18741214-90-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18741214-90-verdict-2" type="verdictSubcategory" value="pleadedPartGuilty"/>
<hi rend="smallCaps">PLEADED GUILTY</hi>.
<hi rend="italic">to receiving</hi> </rs>
<hi rend="italic">
<rs id="t18741214-90-punishment-24" type="punishmentDescription">
<interp inst="t18741214-90-punishment-24" type="punishmentCategory" value="noPunish"/>
<interp inst="t18741214-90-punishment-24" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-90-18741214 t18741214-90-punishment-24"/>Judgment Respited.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18741214-91">
<interp inst="t18741214-91" type="uri" value="sessionsPapers/18741214"/>
<interp inst="t18741214-91" type="date" value="18741214"/>
<join result="criminalCharge" id="t18741214-91-charge-1" targOrder="Y" targets="def1-91-18741214 t18741214-91-offence-1 t18741214-91-verdict-1"/>
<persName id="def1-91-18741214" type="defendantName">
<interp inst="def1-91-18741214" type="gender" value="male"/>
<interp inst="def1-91-18741214" type="age" value="22"/>
<interp inst="def1-91-18741214" type="surname" value="SWAIN"/>
<interp inst="def1-91-18741214" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES SWAIN</hi> (22)</persName>
<rs id="t18741214-91-offence-1" type="offenceDescription">
<interp inst="t18741214-91-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18741214-91-offence-1" type="offenceSubcategory" value="forgery"/>, Feloniously forging and uttering an order for the delivery of goods.</rs> </p>
<hi rend="smallCaps">MR. COOPER</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741214-name-175" type="witnessName">
<interp inst="t18741214-name-175" type="gender" value="male"/>
<interp inst="t18741214-name-175" type="surname" value="HISCOCK"/>
<interp inst="t18741214-name-175" type="given" value="JAMES"/>JAMES HISCOCK</persName> </hi>. I am a plumber in the service of Cubitt & Co., Gray's Inn Road—on 4th December the prisoner brought me this order for 40, 50, or 56 lbs. of lead—I asked him if he came from Mr. Pugh, the master of the job—he said "No, from his son"—I knew' that he was doing work at 8, Sussex Square—this is not Mr. Pugh's signature—I don't know the son's signature—I do not know the prisoner.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-176" type="witnessName">
<interp inst="t18741214-name-176" type="gender" value="male"/>
<interp inst="t18741214-name-176" type="surname" value="PUGH"/>
<interp inst="t18741214-name-176" type="given" value="EDWARD"/>EDWARD PUGH</persName> </hi>. I am a carpenter, of 16, Little College Street, Chelsea, and am at work at 8, Sussex Square for Messrs. Cubitt—my father is fore
<lb/>man of the job—the prisoner was employed there and was discharged on 20th November and not employed afterwards—this is not my signature or my father's—I did not give it to him—I had no authority to write such an order.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-177" type="witnessName">
<interp inst="t18741214-name-177" type="gender" value="male"/>
<interp inst="t18741214-name-177" type="surname" value="WEST"/>
<interp inst="t18741214-name-177" type="given" value="WILLIAM"/>WILLIAM WEST</persName> </hi> (
<hi rend="italic">Policeman G</hi> 76). I took the prisoner and told him the</p>
<xptr type="pageFacsimile" doc="187412140039"/>
<p>charge—he said "Yes, I made the order, I wanted some money, I had just come out of prison."</p>
<hi rend="italic">Prisoner's Defence.</hi> I was ignorant of the offence. I did not know what forgery meant.</p>
<hi rend="smallCaps">
<rs id="t18741214-91-verdict-1" type="verdictDescription">
<interp inst="t18741214-91-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18741214-91-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">He was further charged with having been convicted at Clerkenwell in December</hi>, 1874,
<hi rend="italic">to which he</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi>.
<hi rend="italic">Mr. Pugh gave him a good character—
<rs id="t18741214-91-punishment-25" type="punishmentDescription">
<interp inst="t18741214-91-punishment-25" type="punishmentCategory" value="noPunish"/>
<interp inst="t18741214-91-punishment-25" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-91-18741214 t18741214-91-punishment-25"/>Judgment Respited.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18741214-92">
<interp inst="t18741214-92" type="uri" value="sessionsPapers/18741214"/>
<interp inst="t18741214-92" type="date" value="18741214"/>
<join result="criminalCharge" id="t18741214-92-charge-1" targOrder="Y" targets="def1-92-18741214 t18741214-92-offence-1 t18741214-92-verdict-1"/>
<persName id="def1-92-18741214" type="defendantName">
<interp inst="def1-92-18741214" type="gender" value="male"/>
<interp inst="def1-92-18741214" type="age" value="43"/>
<interp inst="def1-92-18741214" type="surname" value="FARRELL"/>
<interp inst="def1-92-18741214" type="given" value="ROBERT"/>
<hi rend="largeCaps">ROBERT FARRELL</hi> (43)</persName>
<rs id="t18741214-92-offence-1" type="offenceDescription">
<interp inst="t18741214-92-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18741214-92-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, Stealing a cash-box, 120 postage stamps, an order for 42
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>., seven wine warrants, and 1
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. in money, the property of
<persName id="t18741214-name-179" type="victimName">
<interp inst="t18741214-name-179" type="gender" value="male"/>
<interp inst="t18741214-name-179" type="surname" value="ANDERSON"/>
<interp inst="t18741214-name-179" type="given" value="WILLIAM CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t18741214-92-offence-1 t18741214-name-179"/>William Charles Anderson</persName> and another.</rs> </p>
<hi rend="smallCaps">MR. GRIFFITHS</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18741214-name-180" type="witnessName">
<interp inst="t18741214-name-180" type="gender" value="male"/>
<interp inst="t18741214-name-180" type="surname" value="BELL"/>
<interp inst="t18741214-name-180" type="given" value="GEORGE"/>GEORGE BELL</persName> </hi>. I am clerk to William Charles Anderson, a wine merchant, of Lime Street—I gave the prisoner a pipe of mine to mend in November, and on 19th November I left the office leaving the cash-box on a ledge on the swing door between Mr. Anderson's office and mine—there is a small passage between—it contained 1
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., about 10
<hi rend="italic">s</hi>. worth of stamps, a cheque for 42
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>., seven wine warrants, and a copy of an invoice—I missed it on my return—the prisoner never came afterwards about my pipe.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> You came to me on Thursday, the 19th, with my pipe case and told me you had left the pipe to have a mouthpiece put on and you-promised to bring it in the afternoon about 1 o'clock—I left the office at 4.25, leaving the cash-box on the swing door.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. There are two offices in one room divided by a glass par
<lb/>tition and there is a shelf on the swing door between them—mine is the front and is a public office; Mr. Anderson's is at the back and is private—you have to pass the swing door to go to—Mr. Anderson's room, but not to go through it—the distance between Mr. Anderson's door and my door is four or five feet, and this swing door is half way between, that would make it 2 feet 6 inches from the front door to the swing door—I did not carry the box into Mr. Anderson's office because he was engaged—I left no one in my office—I do not know-what time elapsed before the prisoner came in.
<hi rend="italic">By the Prisoner.</hi> You have worked in the office for me twice and I have twice paid you out of the cash box.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-181" type="witnessName">
<interp inst="t18741214-name-181" type="gender" value="male"/>
<interp inst="t18741214-name-181" type="surname" value="ANDERSON"/>
<interp inst="t18741214-name-181" type="given" value="WILLIAM CHARLES"/>WILLIAM CHARLES ANDERSON</persName> </hi>. I am a wine merchant of Lime Street—my office is on the left hand side as you go in and it is divided by a glass partition railing off the clerks' part and next to that there is a swing door with a flap on the top for receipting accounts—I saw the cash-box there after Mr. Bell had placed there—there is another office downstairs where a clerk named Simpson sometimes works—I remember Bell going out on the afternoon of 19th September, and Simpson came up to take charge—the prisoner who I had never seen before came into the office and began speaking about a pipe—I was busy and I told him I knew nothing about it, he must call again when Mr. Bell was in—he left and had had time to get to the front door when he came back and said "Would you give me a
<hi rend="italic">wet?</hi>—I felt annoyed and told him if he had any business to see my clerk, Simpson, downstairs—I had sent Simpson down to copy some letters before the prisoner came in and there was nobody in-the office—I told the prisoner to go away and he did so—Mr. Simpson afterwards missed the cash box—nobody could have taken it except the prisoner, nobody was there after Mr. Bell left but Simpson and the-prisoner.</p>
<xptr type="pageFacsimile" doc="187412140040"/>
<hi rend="italic">Cross-examined.</hi> I last saw the cash box at 5.5 or 5.10, it was then on the spring door—I told Simpson to go down about 5.15 or 5.20—you knocked at the door and I answered you—you walked up to the table to me—it was then 5.25—I did not take the cash box inside because it was there for the purpose of the letters being stamped for the post—when you left the office the third time you partially drew the glass door—I can see into the office from where I sit, but I cannot see the cash-box though I can see into that part of the lobby where anybody must come to get in—I cannot swear that the cash-box was there when you came in or that you took it.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. The lower part of the partition is solid wood and any one crouching down could come in without my seeing them, but I would hear them—there is an outer door which any body must pass and I could hear that.</p>
<hi rend="italic">Re-examined.</hi> I saw the cash-box eight minutes before the prisoner came in—Simpson was absent six minutes—I heard nobody else in the office.</p>
<hi rend="smallCaps">
<persName id="t18741214-name-182" type="witnessName">
<interp inst="t18741214-name-182" type="gender" value="male"/>
<interp inst="t18741214-name-182" type="surname" value="SIMPSON"/>
<interp inst="t18741214-name-182" type="given" value="JAMES"/>JAMES SIMPSON</persName> </hi>. I am clerk to Mr. Anderson—about 5.20 I went down to the lower office to copy some letters leaving the cash box on the counter—I was about six minutes copying the letters and had to come up for some stamps out of the cash-box and it was gone—I did not see the prisoner.</p>
<hi rend="italic">Cross-examined.</hi> I copied about half-a-dozen letters in the six minutes—I enclose them upstairs.</p>
<hi rend="italic">Re-examined.</hi> I copy them by a press.</p>
<hi rend="italic">Prisoner's Defence.</hi> I have been in the habit of going round for years past repairing for wine merchants and no one has ever said that they lost anything while I was at work I knocked at the door, Mr. Anderson said "Come in." I went in and if there had been any cash-box there then I should have seen it; there was free ingress and egress to everybody, and there is no telling who goes in. Mr. Anderson was out of temper and answered me as if I was a dog. I may have asked him for a
<hi rend="italic">wet,</hi> which is not unusual when we are working for wine merchants. I do not believe the cash-box was there when I went there. It was not impossible for a person to have gone in and taken the cash-box, and because I went in next I am the victim.</p>
<hi rend="smallCaps">
<rs id="t18741214-92-verdict-1" type="verdictDescription">
<interp inst="t18741214-92-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18741214-92-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, December</hi> 16
<hi rend="italic">th</hi>, 1874.</p>
<hi rend="italic">Before Mr. Justice, Quain.</hi> </p>
<div1 type="trialAccount" id="t18741214-93">
<interp inst="t18741214-93" type="uri" value="sessionsPapers/18741214"/>
<interp inst="t18741214-93" type="date" value="18741214"/>
<join result="criminalCharge" id="t18741214-93-charge-1" targOrder="Y" targets="def1-93-18741214 t18741214-93-offence-1 t18741214-93-verdict-1"/>
<persName id="def1-93-18741214" type="defendantName">
<interp inst="def1-93-18741214" type="gender" value="male"/>
<interp inst="def1-93-18741214" type="age" value="54"/>
<interp inst="def1-93-18741214" type="surname" value="CRANWELL"/>
<interp inst="def1-93-18741214" type="given" value="JAMES"/>
<interp inst="def1-93-18741214" type="occupation" value="shoemaker"/>
<hi rend="largeCaps">JAMES CRANWELL</hi> (54)</persName>, Was indicted
<rs id="t18741214-93-offence-1" type="offenceDescription">
<interp inst="t18741214-93-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18741214-93-offence-1" type="offenceSubcategory" value="murder"/> for the wilful murder of
<persName id="t18741214-name-184" type="victimName">
<interp inst="t18741214-name-184" type="gender" value="female"/>
<interp inst="t18741214-name-184" type="surname" value="BELLAMY"/>
<interp inst="t18741214-name-184" type="given" value="EMMA"/>
<join result="offenceVictim" targOrder="Y" targets="t18741214-93-offence-1 t18741214-name-184"/>Emma Bellamy</persName>.</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">MESSRS. STRAIGHT</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">GILL</hi>
<hi rend="italic">the Defence</hi> </p>
<hi rend="smallCaps">
<persName id="t18741214-name-185" type="witnessName">
<interp inst="t18741214-name-185" type="gender" value="female"/>
<interp inst="t18741214-name-185" type="surname" value="OLIVER"/>
<interp inst="t18741214-name-185" type="given" value="EMMA"/>EMMA OLIVER</persName> </hi>. I am the wife of Alfred Oliver—I keep a wardrobe shop at 59, Great St. James Street, Lisson Grove; it is one door from the Grove—I have known the prisoner about two years, he has lodged with me just upon two years, at that house—he was married, and his wife lived with him, they occupied the second floor front room, they only had the one room, it was more of a living room, there was a bed in the room—he is a shoemaker by trade—he used to work in his room and take the work home, to his master, Mr. Bosher—his wife died a little over three months ago, about four</p>
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<p>months now I should say, as near as I can remember—she died in that room—I did not know the deceased, Emma Bellamy—I had never seen her with the prisoner—he had spoken to me about her; about a week before the crime he told me that she was very respectable and a nice young widow—I saw her come out of the house one morning near upon 12 o'clock, and having no female lodger I wondered where she came from and I went up and asked the prisoner if he had bad a visitor—he said it was a visitor of his, that she was very respectable and I need not be afraid—he gave me to understand that he was keeping company with her—I did not see her again until this matter occurred on Saturday, 17th October—up to that day the prisoner did not keep much to his work, very little, but he was very-quiet with it always, I seldom knew when he was at work or not—he was a very sober man, I never saw him the worse for drink—on Saturday, 17th October, somewhere about 2 o'clock, I was in my parlour—I heard some faint screams of "Murder!" and "Help!"—I thought at first it was in the Grove and I ran out into the Grove with one of my little boys; seeing nothing there, I returned and I heard it again; I opened my parlour door and then heard that it came from the prisoner's room upstairs—I ran up stairs and knocked at the door; I tried the door, it was locked, I ricked the handle about and knocked at the door very loudly and said "Cranwell, what are you doing to that woman?"—after a few minutes I heard him repeat once to her "You have deceived me," and I heard the woman say once "Oh, spare my life!"—that of course alarmed me more, and I told him if he did not open the door I would break it open, but I had no answer; the woman said "Break it open"—I then broke the door open somehow, I pushed my foot against it very violently in my fright and the door flew open and I went into the room—the woman was lying across the bed, not in the ordinary way, but" across it—I did not see her face the first minute I went in, I went close by the side of the bed to look for her face—the prisoner was kneeling on the bed, very near to her—the woman's face was covered with blood—I said "Oh, Cran
<lb/>well, what have you done?" or something to that effect—he did not say a word, he never spoke to me—I saw a knife lying under the pillow as I was coming out, it was a small shoemaker's knife—I then flew down and called my husband—I then ran down to a little boy who was minding the shop, and from that I ran across the road to speak to a neighbour—my husband had followed me down and he sent the little boy for a policeman—when my husband returned from the shop doorway we opened the parlour door and-were going out with a view of going up to Cranwell's room, when we saw the deceased come running down the stairs—my husband caught her at the bottom step and while he was laying her down in the passage Cranwell came running down the stairs as if going to see where she was—he never spoke a word to me—I then shut the door and left it to the police and the rest; I believe the prisoner returned upstairs again to get his hat or something and I afterwards saw him run up the Grove for the doctor; that was imme
<lb/>diately after he had run upstairs; be seemed as if he had come to himself and went for a doctor, and Dr. Brisbane came and attended to the woman.</p>
<hi rend="italic">Cross-examined.</hi> The prisoner and his deceased wife had lived on very affectionate terms—during the last fifteen months of her life she was in a very distressing state of health—she had been attending a dispensary", there was a blow up of the gas and she was very much injured—she also suffered from some internal complaint—the prisoner was very kind and attentive to her, and most considerate, I saw a deal of that—from my experience of Him</p>
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<p>during the two years he was with us he was a man of very humane dispo
<lb/>sition and temperament—I think it was only a week before this Saturday that I had the conversation with him about the woman having been to his room, it may have been a little longer, it may have been a week or ten days, I could not say; I had never seen her before that day, she was then leaving the house about 12 o'clock—I can't say whether she had slept in the house that night—the prisoner was the only lodger we had—whether she had come in with him overnight I can't say, I know nothing of that—from the time of his wife's death he seemed in a state of great despondency and melancholy at times, and he repeated several times to me how he missed his poor old lady—I don't know whether he was in the habit of sitting in his room doing nothing; I never was in his room after the funeral day—I dare say he was not so regular in his work during the last fortnight, or three weeks prior to this occurrence, he seemed unsettled; he. seemed very unsettled from the time of the funeral; he did not seem to get more settled—it was not more than ten minutes from the time I heard, the first scream till I got up to his door; I don't think it was more than ten minutes from first to last, I really could not say, but it was all done very quickly, a very few minutes—I was very much excited and frightened—I only heard the expression "You have deceived me" and once I heard the woman say "No, no"—when I called out to him he made no reply—when I burst open the door he was on his knees on the bed—he looked at me—I said something to him, he made no reply, he remained kneeling on the bed—I did not notice whether he had anything in his hand—I said before the Magistrate "He appeared to me like a man in a fit"—when he went to fetch the doctor he seemed as if he bad come to himself—when he was kneeling on the bed he looked as if he did not know, me, he looked mad, scared—his eyes were full of a very peculiar looking expression, he stared at me in a very wild way—I went up to the bedside, he remained kneeling on the bed, he never moved while I was in the room—I was a very short time in the room, only the, moment I spoke to him, when I saw her face I rushed off directly—she did not speak—I did not notice any matches lying at the foot of the bed or near the fireplace, or whether the fire was just lighted, I never looked, I was too frightened—I did not go into the room afterwards—I remember his coming in on the Saturday, my husband was at home—we occupy all the house but the top room—we were in the parlour behind the shop at dinner; the lodger coming in from the street would pass the parlour door in the passage and go upstairs; the door was shut, he would not see anything of us—I merely heard him with his latch key and walk upstairs very quickly,—he had a latch key to come in at any time he liked—I know that the woman came in with him on that occasion, I looked round and just caught sight of her dress as she was going upstairs.</p>
<hi rend="italic">Re-examined.</hi> I had not seen or spoken to the prisoner that day; I might have spoken to him on the previous day, I don't remember, I generally saw him every day.</p>