<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<div1 type="frontMatter" id="f18750816">
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<p>Sessions Paper.</p>
<p>STONE, MAYOR.</p>
<persName id="t18750816-name-1">
<interp inst="t18750816-name-1" type="gender" value="male"/>
<interp inst="t18750816-name-1" type="surname" value="BARNETT"/>
<interp inst="t18750816-name-1" type="given" value="JAMES DROVER"/>JAMES DROVER BARNETT</persName> </p>
<persName id="t18750816-name-2">
<interp inst="t18750816-name-2" type="gender" value="male"/>
<interp inst="t18750816-name-2" type="surname" value="BUCKLER"/>
<interp inst="t18750816-name-2" type="given" value="ALEXANDER"/>ALEXANDER BUCKLER</persName>,</p>
<p>Short-hand Writers to the Court,</p>
<persName id="t18750816-name-3">
<interp inst="t18750816-name-3" type="gender" value="male"/>
<interp inst="t18750816-name-3" type="surname" value="BESLEY"/>
<interp inst="t18750816-name-3" type="given" value="EDWARD T. E."/>EDWARD T. E. BESLEY</persName>, ESQ.,</p>
<xptr type="pageFacsimile" doc="187508160002"/>
<p>On the Queen's Commission of</p>
<p>The City of London,</p>
<p>OF THE</p>
<p>Held on Monday, August 16th, 1875, and following days,</p>
<hi rend="smallCaps">BEFORE THE RIGHT HON</hi>.
<hi rend="largeCaps">
<persName id="t18750816-name-4" type="judiciaryName">
<interp inst="t18750816-name-4" type="gender" value="male"/>
<interp inst="t18750816-name-4" type="surname" value="STONE"/>
<interp inst="t18750816-name-4" type="given" value="DAVID HENRY"/>DAVID HENRY STONE</persName>, LORD MAYOR</hi> of the City of London; The Hon. Sir
<hi rend="smallCaps">
<persName id="t18750816-name-5" type="judiciaryName">
<interp inst="t18750816-name-5" type="gender" value="male"/>
<interp inst="t18750816-name-5" type="surname" value="BRETT"/>
<interp inst="t18750816-name-5" type="given" value="WILLIAM BALIOL"/>WILLIAM BALIOL BRETT</persName> </hi>, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sir
<hi rend="smallCaps">
<persName id="t18750816-name-6" type="judiciaryName">
<interp inst="t18750816-name-6" type="gender" value="male"/>
<interp inst="t18750816-name-6" type="surname" value="CARDEN"/>
<interp inst="t18750816-name-6" type="given" value="ROBERT WALTER"/>ROBERT WALTER CARDEN</persName> </hi>, Knt.,
<hi rend="smallCaps">
<persName id="t18750816-name-7" type="judiciaryName">
<interp inst="t18750816-name-7" type="gender" value="male"/>
<interp inst="t18750816-name-7" type="surname" value="BESLEY"/>
<interp inst="t18750816-name-7" type="given" value="ROBERT"/>ROBERT BESLEY</persName> </hi>, Esq., and Sir
<hi rend="smallCaps">
<persName id="t18750816-name-8" type="judiciaryName">
<interp inst="t18750816-name-8" type="gender" value="male"/>
<interp inst="t18750816-name-8" type="surname" value="DAKIN"/>
<interp inst="t18750816-name-8" type="given" value="THOMAS"/>THOMAS DAKIN</persName> </hi>, Knt., Aldermen of the said City; the Right Hon.
<hi rend="smallCaps">
<persName id="t18750816-name-9" type="judiciaryName">
<interp inst="t18750816-name-9" type="gender" value="male"/>
<interp inst="t18750816-name-9" type="surname" value="GURNEY"/>
<interp inst="t18750816-name-9" type="given" value="RUSSELL"/>RUSSELL GURNEY</persName> </hi>, Q.C., M.P., Recorder of the said City;
<hi rend="smallCaps">
<persName id="t18750816-name-10" type="judiciaryName">
<interp inst="t18750816-name-10" type="gender" value="male"/>
<interp inst="t18750816-name-10" type="surname" value="OWDEN"/>
<interp inst="t18750816-name-10" type="given" value="THOMAS SCAMBLER"/>THOMAS SCAMBLER OWDEN</persName> </hi>, Esq., Sir
<hi rend="smallCaps">
<persName id="t18750816-name-11" type="judiciaryName">
<interp inst="t18750816-name-11" type="gender" value="male"/>
<interp inst="t18750816-name-11" type="surname" value="WHITE"/>
<interp inst="t18750816-name-11" type="given" value="THOMAS"/>THOMAS WHITE</persName> </hi>, Knt., and
<hi rend="smallCaps">
<persName id="t18750816-name-12" type="judiciaryName">
<interp inst="t18750816-name-12" type="gender" value="male"/>
<interp inst="t18750816-name-12" type="surname" value="FIGGINS"/>
<interp inst="t18750816-name-12" type="given" value="JAMES"/>JAMES FIGGINS</persName> </hi>, Esq., other of the Aldermen of the said City; Sir
<hi rend="smallCaps">
<persName id="t18750816-name-13" type="judiciaryName">
<interp inst="t18750816-name-13" type="gender" value="male"/>
<interp inst="t18750816-name-13" type="surname" value="CHAMBERS"/>
<interp inst="t18750816-name-13" 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="t18750816-name-14" type="judiciaryName">
<interp inst="t18750816-name-14" type="gender" value="male"/>
<interp inst="t18750816-name-14" type="surname" value="KERR"/>
<interp inst="t18750816-name-14" 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>
<hi rend="smallCaps">
<persName id="t18750816-name-15" type="judiciaryName">
<interp inst="t18750816-name-15" type="gender" value="male"/>
<interp inst="t18750816-name-15" type="surname" value="ELLIS"/>
<interp inst="t18750816-name-15" type="given" value="JOHN WHITTAKER"/>JOHN WHITTAKER ELLIS</persName> </hi> Esq., Alderman.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-16" type="judiciaryName">
<interp inst="t18750816-name-16" type="gender" value="male"/>
<interp inst="t18750816-name-16" type="surname" value="SHAW"/>
<interp inst="t18750816-name-16" type="given" value="JAMES"/>JAMES SHAW</persName> </hi>, Esq.</p>
<hi rend="italic">Sheriffs</hi> </p>
<hi rend="smallCaps">
<persName id="t18750816-name-17" type="judiciaryName">
<interp inst="t18750816-name-17" type="gender" value="male"/>
<interp inst="t18750816-name-17" type="surname" value="ELLIOTT"/>
<interp inst="t18750816-name-17" type="given" value="WILLIAM TIMBRELL"/>WILLIAM TIMBRELL ELLIOTT</persName> </hi>, Esq.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-18" type="judiciaryName">
<interp inst="t18750816-name-18" type="gender" value="male"/>
<interp inst="t18750816-name-18" type="surname" value="SEDGWICK"/>
<interp inst="t18750816-name-18" type="given" value="GEORGE ALFRED"/>GEORGE ALFRED SEDGWICK</persName> </hi>, Esq.</p>
<hi rend="italic">Under-Sheriff</hi> </p>
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<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<hi rend="largeCaps">STONE, MAYOR. TENTH 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, August</hi> 16
<hi rend="italic">th, and Tuesday</hi> 17
<hi rend="italic">th</hi>, 1875.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
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<persName id="def1-407-18750816" type="defendantName">
<interp inst="def1-407-18750816" type="gender" value="male"/>
<interp inst="def1-407-18750816" type="age" value="43"/>
<interp inst="def1-407-18750816" type="surname" value="AULT"/>
<interp inst="def1-407-18750816" type="given" value="KENYON GEORGE"/>
<hi rend="largeCaps">KENYON GEORGE AULT</hi> (43)</persName>, Was indicted
<rs id="t18750816-407-offence-1" type="offenceDescription">
<interp inst="t18750816-407-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18750816-407-offence-1" type="offenceSubcategory" value="forgery"/> for feloniously forging and uttering an original document of a Court of Record.
<hi rend="italic">Other Counts</hi> varying the description of the document.</rs> </p>
<hi rend="smallCaps">MESSRS. POLAND</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MEAD</hi>
<hi rend="italic">conducted the Prosecution</hi>;
<hi rend="smallCaps">MR. SERJEANT SLEIGH</hi>,
<hi rend="italic">and</hi> Mr. Besley
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18750816-name-20" type="witnessName">
<interp inst="t18750816-name-20" type="gender" value="male"/>
<interp inst="t18750816-name-20" type="surname" value="COULTHERY"/>
<interp inst="t18750816-name-20" type="given" value="CHARLES"/>CHARLES COULTHERY</persName> </hi>. I am clerk to Mr. Hoare, the Registrar of the Bow County Court—I know the defendant as manager of the London Creditors' Agency, of 40a, King William Street; before 25th February I had known him as acting for suitor's at the County Court—I knew a clerk of his who came to the office on 25th of February—I am not sure of the time, Mr. Tijou took the affidavits marked A and B; one affidavait purports to be sworn by Mr. Guerrin, before Mr. Lovett—I noticed on that affidavit some alterations which were not initialled; the other affidavit was sworn by Mr. Bennett, before Mr. Gover—there were some irregularities on that, but I did not notice them myself—I did not examine it; they were afterwards returned to the defendant by post—I reported what occurred the same afternoon, and on the 26th I saw these affidavits, A and B—I did not see them till about 3 o'clock—the affidavit A purports to be sworn by J. C. Bennett, before H. A. Lovett, on 26th February; B is the one that was sent back; A was sent in substitution for one of the other two that were returned—I noticed on B some initials, which were not there when I sent it back—Mr. Tijou spoke to Mr. Hoare about it—on the 1st March, a letter was written to Mr. Ault, and before he could have received it, he called and saw Mr. Hoare in my presence—the affidavits were there, and this letter D, dated 26th February, signed with the prisoner's initials—I think Mr. Hoare first spoke; he said "I have just written to you." Mr. Ault said "I have called in consequence of something I have heard from Mr. Lovett, about some affidavits; it is a serious business for me." Mr. Hoare replied that it was a serious business. Mr. Ault then said, "Perhaps you would allow me to give my version of the affair," or words to that affect—Mr. Hoare said "Certainly, sit down"—he then sat down,</p>
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<p>and said that on the affidavits being returned from the Court to him, and knowing that one of them was sworn before Mr. Gover, who objected to initial alterations without have the affidavit re-sworn, he had prepared a fresh one himself in its place, that was the affidavit marked A—he said "I prepared this affidavit and gave it with the one marked B, to a clerk or canvasser in my employ, of the name of Shown"—he stated that Shown had also drawn his journey money to go to Millwall, to bring the deponent to the City, and that he had brought them back to him the following morning, apparently correct, and he then at once enclosed them in a letter to Mr. Hoare—the letter marked D was then shown to him, and he said "Oh, that is the very letter"—Mr. Hoare then said "Do you know anything about this man Shown, what sort of character has he"—he said "Well, he was recommended to me as a good canvasser, and I employed him in can
<lb/>vassing in my business in making inquiries as to addresses, but I was told by the person from whom I had his character, that whilst he was a very good man of business, it was just as well if he did not have too much to do with money matters"—Mr. Hoare then indicated that the other affidavit, B was also a forgery, and Mr. Ault said "Yes, no doubt," he also said that the "J. C. Bennett," and "H. A. Lovett" on the affidavit A he recognised as Shown's handwriting, and he believed the initials to B were also Shown's—as he was leaving, he asked Mr. Hoare whether he should send Shown down, and Mr. Hoare said "Oh, no, I don't want him, I can do no good with him," or something of that sort.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT SLEIGH</hi>. I have known Mr. Ault nearly ten years engaged in debt collecting, and employed by Messrs. Simpson, and some other persons in the neighbourhood, he has always borne a very respectable character—this conversation lasted about a quarter of an hour or twenty minutes—it was on the Friday night that some one called at Mr. Lovett's office, and it was not till the Monday that Mr. Ault came—Mr. Hoare does not attend on the Saturday.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-21" type="witnessName">
<interp inst="t18750816-name-21" type="gender" value="male"/>
<interp inst="t18750816-name-21" type="surname" value="HOARE"/>
<interp inst="t18750816-name-21" type="given" value="CHARLES FREDERICK"/>CHARLES FREDERICK HOARE</persName> </hi>. I am Registrar of the Bow County Court—about the end of February my attention was called to some affidavits—I afterwards saw these affidavits, A and B—I was informed by my clerk that he had already made inquiries about them—I wrote a letter to the defen
<lb/>dant, more particularly about another matter; but before it could have reached him, he came to
<hi rend="smallCaps">THE COURT</hi>. on the 1st of March—I was in my own room there, and Mr. T. Couthery, and Mr. Tijou—I knew him before—I Bad some conversation with him about these affidavits—I reported the matter to the Judge of the County Court—under a recent Act of Parliament, a summons at once issues upon these affidavits—judgment is obtained without a hearing, unless there is a defence upon the merits—they are filed in the regular way, and then summons and process issues.</p>
<hi rend="italic">Cross-examined.</hi> When he proposed to send Shown down, I said I did not want to see him—both the affidavits were referred to—I believe made a mistake at the police-court in thinking that A was B or B was A.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-22" type="witnessName">
<interp inst="t18750816-name-22" type="gender" value="male"/>
<interp inst="t18750816-name-22" type="surname" value="TIJOU"/>
<interp inst="t18750816-name-22" type="given" value="CHARLES JAMES RICHARD"/>CHARLES JAMES RICHARD TIJOU</persName> </hi>. I am a clerk in the Bow County Court—on the 25th February I saw two affidavite, one of them was that marked B, the other was an affidavit sworn by Bennett—the two affidavits were given to a boy, about 15 or 16 years of age, named Ault, I believe the prisoner's clerk—they were returned on Thursday afternoon the 25th, they were irregular; afterwards the affidavit B and a fresh affidavit A were sent to the Court in a letter—I was present part of the</p>
<xptr type="pageFacsimile" doc="187508160005"/>
<p>time when the conversation took place on the 1st of March about these affidavits—two fresh affidavits were sent in substitution of those that were found to be irregular, F and G, they came with this letter, marked E—it appears to be the same handwriting as the body of the affidavit A—F is an affidavit by Bennett, and G by Guerrin—A and B were shown to Mr. Lovett by me, on Friday, 27th February.</p>
<hi rend="italic">Cross-examined.</hi> On the Thursday when I saw young Ault I pointed his attention to the B affidavit, which was then uninitialled—it was arranged that the initials of the commissioner should be supplied, and that that affidavit and the other should be returned by post next day—the alter
<lb/>ations were in the Christian name, Joshua, and in the description of the trade, nothing else; the plaint could be issued without the affidavit being filed.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-23" type="witnessName">
<interp inst="t18750816-name-23" type="gender" value="male"/>
<interp inst="t18750816-name-23" type="surname" value="BENNETT"/>
<interp inst="t18750816-name-23" type="given" value="JOHN COMFORT"/>JOHN COMFORT BENNETT</persName> </hi>. I am clerk to Simpson, Payne & Co., of Mill-trail, candle manufacturers—In February last, Joshua W. Kent, of Station Road, Stratford, owed my employers 7
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>.—on the 24th or 25th February I made an affidavit with reference to that debt before Mr. Gover—the defendant went with me, I believe I was written to to come up—I do not remember afterwards going to Mr. Lovett, and making an affidavit with reference to the same debt, on the 26th February—this signature to affidavit A is not my writing—the signature to F is mine—I attended before the Commissioner and swore to it on the 1st March.</p>
<hi rend="italic">Cross-examined.</hi> Our firm is in a large way of business—it was our custom to issue several summonses at a time—I can't say on what day it was I first swore an affidavit about the 7
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>.—the money was paid into Court after the summons, and we received it in the usual way—we have continued to employ the prisoner since his committal.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-24" type="witnessName">
<interp inst="t18750816-name-24" type="gender" value="male"/>
<interp inst="t18750816-name-24" type="surname" value="GUERRIN"/>
<interp inst="t18750816-name-24" type="given" value="FREDERICK BLONDEL"/>FREDERICK BLONDEL GUERRIN</persName> </hi>. I am clerk to William Goodman—I swore this affidavit B, on 19th February, before Mr. Lovett—I did not attend on 26th February to reswear it.</p>
<hi rend="italic">Cross-examined.</hi> We have continued to employ the prisoner since his committal.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-25" type="witnessName">
<interp inst="t18750816-name-25" type="gender" value="male"/>
<interp inst="t18750816-name-25" type="surname" value="LOVETT"/>
<interp inst="t18750816-name-25" type="given" value="HENRY ALBERT"/>HENRY ALBERT LOVETT</persName> </hi>. I am an attorney and solicitor of 48, King William Street, City—I am a commissioner for administering oaths for the three Common Law Courts, I have known the defendant, between two and three years, as connected with the London Creditors' Agency, almost immediately opposite my office—I have been in the habit of swearing a large number of affidavits for him—I keep a monthly account, and when an affidavit is sworn I make an entry in my book as nearly as possible, sometimes I swear twenty a month—sometimes I charge 18
<hi rend="italic">d</hi>., and sometimes less, it depends upon circumstances—I never initial an alteration without the affidavit being resworn—I think I know the defendants writing—I should think the body of the affidavit marked A is filled up in his writing—I have some little doubt about it—I am rather inclined to think it is his—the signature "H. A. Lovett" I should say is not mine—it is such a close imitation that it is really almost difficult to say whether it is or not—I have no entry in my book of an affidavit sworn by Bennett, on 26th October—the signature "H. A. Lovett" to affidavit B is undoubtedly mine, also my initials—I cannot say from memory whether Mr. Guerrin reswore that affidavit—I never charge any fee for reswearing—this is my genuine signature to the affidavit F—some of these affidavits (
<hi rend="italic">looking at several</hi>) are signed by me.</p>
<hi rend="italic">Cross-examined.</hi> I have discovered many instances in which I have not</p>
<xptr type="pageFacsimile" doc="187508160006"/>
<p>made entries in my book—sometimes when in a hurry I may not enter it till the next morning, and probably I might not enter it at all—I have known Mr. Ault, between two and three years—I have some knowledge of his handwriting—I have seen him write—I am inclined to think that the signature Bennett, to this affidavit A, is not his writing—my signature is a very excellent imitation if it is one—if I had an entry in my book of such an affidavit I should have had no doubt whatever about it being my writing—I have a doubt about it even now.</p>
<hi rend="italic">Re-examined.</hi> I am inclined to think the body of the affidavit is in the defendant's writing; I would not swear positively that it is—it appears to me that some of the letters in the word Bennett, in the body are somewhat like those in the signature, and some are very different—I could not give any opinion about the word Bennett in the body.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-26" type="witnessName">
<interp inst="t18750816-name-26" type="gender" value="male"/>
<interp inst="t18750816-name-26" type="surname" value="HOLLAND"/>
<interp inst="t18750816-name-26" type="given" value="HUBERT CHARLES"/>HUBERT CHARLES HOLLAND</persName> </hi>. I am a member of the firm of Marshall & Holland, merchants and manufacturers—I have done business with the prisoner in connection with the London Creditors' Agency to collect debts for which we paid a percentage on the amount collected, and if not collected we pay the money out of pocket—I have seen the defendant write and have had communication with him—to the best of my belief these two letters addressed to me are his writing, also these marked D and C—I should not like to say that the body of the affidavit A was his writing—it is very unlike his ordinary handwriting if it is—it is very much like it.</p>
<hi rend="italic">Cross-examined.</hi> I should say that the signature Bennett, is decidedly not his writing—in my opinion the signature of the commissioner is not his writing—our firm has employed him for two years, as far as I know he has borne a very respectable character—we still continue to employ him.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-27" type="witnessName">
<interp inst="t18750816-name-27" type="gender" value="male"/>
<interp inst="t18750816-name-27" type="surname" value="CHABOT"/>
<interp inst="t18750816-name-27" type="given" value="CHARLES"/>CHARLES CHABOT</persName> </hi>. I have made handwriting a study for a great many years—I have examined the documents marked A a and B b, also the two letters D and E—they are all in the same handwriting, and appear to be in an ordinary undisguised hand—the body of the affidavit A is in the same handwriting, it appoars to be an undisguised hand—the signature of John Comfort Bennett, to the affidavit F is not the same handwriting as the J. C. Bennett in A, that is in the same hand as the body of the affidavit, and the same as the four letters; I am confident of that. (
<hi rend="italic">Mr. Chabot pointed out various similarities on the different documents as to which he was examined in detail.</hi>)</p>
<hi rend="smallCaps">
<persName id="t18750816-name-28" type="witnessName">
<interp inst="t18750816-name-28" type="gender" value="male"/>
<interp inst="t18750816-name-28" type="surname" value="HAYDON"/>
<interp inst="t18750816-name-28" type="given" value="MICHAEL"/>MICHAEL HAYDON</persName> </hi> (
<hi rend="italic">City Detective</hi>). I had no address given to me with reference to Shown—the neighbourhood of Basinghall Street, was men
<lb/>tioned by the defendant, but no address—I made inquiries there; I did not see Shown; I know nothing of him—I did not trace him at all.</p>
<hi rend="italic">The prisoner received a good character.</hi> </p>
<hi rend="smallCaps">
<rs id="t18750816-407-verdict-1" type="verdictDescription">
<interp inst="t18750816-407-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18750816-407-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<hi rend="italic">
<rs id="t18750816-407-offence-1" type="offenceDescription">
<interp inst="t18750816-407-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18750816-407-offence-1" type="offenceSubcategory" value="other"/>There were two other indictments against the prisoner</rs> upon which
<rs id="t18750816-407-verdict-2" type="verdictDescription">
<interp inst="t18750816-407-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18750816-407-verdict-2" type="verdictSubcategory" value="noEvidence"/>no evi
<lb/>dence was offered.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18750816-408">
<interp inst="t18750816-408" type="uri" value="sessionsPapers/18750816"/>
<interp inst="t18750816-408" type="date" value="18750816"/>
<join result="criminalCharge" id="t18750816-408-charge-1" targOrder="Y" targets="def1-408-18750816 t18750816-408-offence-1 t18750816-408-verdict-1"/>
<persName id="def1-408-18750816" type="defendantName">
<interp inst="def1-408-18750816" type="gender" value="male"/>
<interp inst="def1-408-18750816" type="surname" value="GOSTLING"/>
<interp inst="def1-408-18750816" type="given" value="JOHN CUBITT"/>
<hi rend="largeCaps">JOHN CUBITT GOSTLING</hi> </persName> was indicted
<rs id="t18750816-408-offence-1" type="offenceDescription">
<interp inst="t18750816-408-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18750816-408-offence-1" type="offenceSubcategory" value="fraud"/> for that he, being director of a public company, called "J. C. Gostling & Co., Limited," un
<lb/>lawfully and fraudulently did apply a bill of exchange for 84
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. to his own use, with intent to defraud.
<hi rend="italic">Other counts</hi> for applying to his own use, or for purposes other than for the use of the company, certain other securities, with intent to defraud.</rs> </p>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>,
<hi rend="italic">with</hi>
<hi rend="smallCaps">MESSRS</hi>. F. H.
<hi rend="smallCaps">LEWIS</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">SOULSBY</hi>,
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. METCALFE</hi>, Q.C.,
<hi rend="italic">with</hi> Messrs. Straight and Gill,
<hi rend="italic">the Defence.</hi> </p>
<xptr type="pageFacsimile" doc="187508160007"/>
<hi rend="smallCaps">
<persName id="t18750816-name-30" type="witnessName">
<interp inst="t18750816-name-30" type="gender" value="male"/>
<interp inst="t18750816-name-30" type="surname" value="TICKELL"/>
<interp inst="t18750816-name-30" type="given" value="WILLIAM WILSON"/>WILLIAM WILSON TICKELL</persName> </hi>. I am a merchant, carrying on business at Billiter Street, City—in 1874 I transacted business with J. C. Gostling & Co., Limited, and was indebted to them in the sum of 200
<hi rend="italic">l</hi>., and on the 24th November I accepted a bill for 200
<hi rend="italic">l</hi>., due on 9th February, 1874—I also accepted a draft for 84
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. marked C, dated 23rd February, 1874, due on 26th April, 1874, and a draft of the company for 150
<hi rend="italic">l</hi>., marked B, on 21st August, 1874, due 24th November—on 29th September, 1874, I paid to the company a cheque for 45
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>. in settlement of the balance of the account.</p>
<hi rend="italic">Cross-examined by</hi> Mr. Metcalfe. I had done business with the defendant for some three years, I think, before the company was formed—he was the" only responsible person that I knew connected with the business; he was the only person whose signature I would accept as final—the 200
<hi rend="italic">l</hi>. bill was not given directly as an advance on goods—the company, as I understood, was in need of money—Mr. Gostling came to me, and having done business with him for so many years I made this advance in relief of the company; I understood that from the prisoner—the state of the accounts I can only explain in this way, we had made certain advances to Gostling & Co. against goods, and there the matter ended, and we should be entitled to hold those goods, and when the returns came I gave him a cheque for the balance, if the goods covered a balance—there were balances continually accruing from time to time—I made the advance to him because I had done business with him so long, and I was anxious to help him—I advanced them as a loan, always bearing in mind that I had the possible surplus returns to come—I took the risk of that—that 200
<hi rend="italic">l</hi>. bill was afterwards honoured—the advance was increased to 300
<hi rend="italic">l</hi>.; the bill for 200
<hi rend="italic">l</hi>. determined on 27th February, 1874; it was then increased to 300
<hi rend="italic">l</hi>., and there were renewals from time to time—the final bill was dishonoured; I have that in my pocket—the 100
<hi rend="italic">l</hi>. was also, as I understood, advanced to the company for the company's funds—I was doing a current business with them, and of course the monies I advanced would come from their account to get them settled—we made advances on shipments, and they have been completed during the last month; the returns have been determined since the pro
<lb/>secution has been going on—at the time I was at the Mansion House they were not returned; some of them at least—those transactions were not to a very large amount; a few hundreds—it is a very great point that a new firm should be known abroad, and until it is known the business can't be pushed at all—it was pushed for the purpose of establishing it abroad—this being comparatively a young company, in my judgment there was a necessity for pressing it rather beyond what would ordinarily be done by an older company.</p>
<hi rend="italic">Re-examined.</hi> I knew nothing about how Mr. Gostling stood with the company—all I knew was that he was the representative of the company, and whatever statement he made I took it as the company's
<hi rend="italic">ipse did it.</hi> </p>
<hi rend="smallCaps">
<persName id="t18750816-name-31" type="witnessName">
<interp inst="t18750816-name-31" type="gender" value="male"/>
<interp inst="t18750816-name-31" type="surname" value="COLLINS"/>
<interp inst="t18750816-name-31" type="given" value="WILLIAM BRIDGE"/>WILLIAM BRIDGE COLLINS</persName> </hi>. I am a merchant, at 5, East India Avenue—in August, 1874, I was indebted to the company in the sum of 240
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>.—I paid that amount by cheque on 21st August, 1874—that cheque has come back through my bankers—this is it, marked A—I paid it to Mr. Gostling.</p>
<hi rend="italic">Cross-examined by</hi> Mr. Metcalfe. When the cheque came back it was crossed with the name of John Browd & Co., and also the stamp of the London and County Bank—one crossing is above the other—I should</p>
<xptr type="pageFacsimile" doc="187508160008"/>
<p>surmise that it had been to both banks—I have no doubt that the London and County Bank were the bankers of the company—I have often seen my cheques from the company crossed by the London and County Bank, and I presume they bank with John Brown & Co. as well—the cheque came to me from my bankers—I can't say whether it went to the London and County Bank first and was refused, and then went to John Brown—I have exchanged ac
<lb/>ceptances for the company, I think, since, November, 1873, about the time of their commencement—I lent him 250
<hi rend="italic">l</hi>. cash on interest—the 240
<hi rend="italic">l</hi>. was payment for goods I had bought and paid cash for—subsequently Mr. Goatling, the managing director, and the only man I knew in the concern, applied to me for a further loan—I told him I could not do it—he pressed me, and proposed that I should give him my acceptance and he would give me the company's acceptance in return—I told him I would do so if he gave me security, and he gave me a fully paid-up scrip of the company—it was not paid; it was renewed continually up to the present time or until the disruption of the company—I hold it against them now—I endorsed the bill away, and the company were sued upon it afterwards and paid it.</p>
<hi rend="italic">Re-examined.</hi> I saw Mr. Gostling in all my transactions—the 250
<hi rend="italic">l</hi>. loan was made in November, 1873—that was a cash loan—it was arranged in this way, he said that he had formed a company, he had got other directors to join him and he was rather short of his portion of capital, they had to make up 5,000
<hi rend="italic">l</hi>. each, and if I would lend him 250
<hi rend="italic">l</hi>. it would oblige him, and as I had been doing business with him since 1871, and I was anxious to assist him—he gave me as security the fully paid-up scrip of the company, which was in his own name—I still hold the scrip, and the 250
<hi rend="italic">l</hi>. is not paid—I consider the company liable to me for the 250
<hi rend="italic">l</hi>., they have not been sued upon that—I consider both the company and Mr. Gostling aw. liable—I considered it a personal loan and a loan to the company as well, because I think he gave me a sale note for 500 casks of cement, or a letter to that effect at any rate—I have not lost it; I have got it somewhere—I lent him the 250
<hi rend="italic">l</hi>. on a sale note or a letter to that effect, it was not posi
<lb/>tively a sale note, it was not stamped.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-32" type="witnessName">
<interp inst="t18750816-name-32" type="gender" value="male"/>
<interp inst="t18750816-name-32" type="surname" value="TAYLOR"/>
<interp inst="t18750816-name-32" type="given" value="HENRY BENJAMIN"/>HENRY BENJAMIN TAYLOR</persName> </hi>. I am a ship-broker and merchant carrying on business in the City—in July 1874 I was indebted to this Company in the sum of 73
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—I accepted this bill of exchange marked D at three months for that amount and have paid it—I can't say to whom I gave the bill, I suppose it was called for at the office in the ordinary way—it was left for me to accept and my clerk would give it up.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-33" type="witnessName">
<interp inst="t18750816-name-33" type="gender" value="male"/>
<interp inst="t18750816-name-33" type="surname" value="POWER"/>
<interp inst="t18750816-name-33" type="given" value="JOSEPH"/>JOSEPH POWER</persName> </hi>. In May, 1874, I was in the service of Messrs. Capper, Sons & Co., drapers, in Gracechurch Street—the defendant was indebted to them in the sum of 55
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>. for goods supplied to him—they were paid for by a bill at three months, drawn upon J. C. Gostling, Esq.—it is accepted payable at the London and County Bank, Lambeth branch, "for J. C. Gostling & Co., Limited, J. C. Gostling," in the prisoner's handwriting—the goods were for ladies wear supplied to his wife.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-34" type="witnessName">
<interp inst="t18750816-name-34" type="gender" value="male"/>
<interp inst="t18750816-name-34" type="surname" value="RENDELL"/>
<interp inst="t18750816-name-34" type="given" value="WILLIAM EDGECUMBE"/>WILLIAM EDGECUMBE RENDELL</persName> </hi>. I am a horticultural engineer—in May, 1874, the prisoner was indebted to me 81
<hi rend="italic">l</hi>. for plant and
<hi rend="italic">frames</hi> supplied at his private residence at Northfleet—I drew this bill upon him marked "G," and received it accepted in this letter marked H—this is the ac
<lb/>ceptance "three months after date, pay to my order the sum of 81 pounds for value received, J. C. Gostling & Co., Limited, Gracechurch Street, London"—I addressed it to the Company because I was desired to do so by a letter</p>
<xptr type="pageFacsimile" doc="187508160009"/>
<p>he wrote to me marked F, and I sent it to him at Greenhithe; it was drawn 29th May, 1874, at three months, and is accepted payable at the London and County Bank, Lambeth branch, "for J. C. Gostling & Co., Limited, J. C. Gostling director"—it passed through the bankers and was paid.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-35" type="witnessName">
<interp inst="t18750816-name-35" type="gender" value="male"/>
<interp inst="t18750816-name-35" type="surname" value="LOCKYER"/>
<interp inst="t18750816-name-35" type="given" value="RICHARD"/>RICHARD LOCKYER</persName> </hi>. I am a builder at Greenhithe—in June last year the prisoner was indebted to me in the sum of 100
<hi rend="italic">l</hi>. for a vinery erected at his private residence at Greenhithe—I drew this bill of exchange marked J on the first July at three months on J. C. Gostling and Co., Limited, Northfleet, which is accepted payable at the London and County Bank, "J. C. Gostling & Co., Limited, J. C. Gostling."</p>
<hi rend="smallCaps">
<persName id="t18750816-name-36" type="witnessName">
<interp inst="t18750816-name-36" type="gender" value="male"/>
<interp inst="t18750816-name-36" type="surname" value="MAITLAND"/>
<interp inst="t18750816-name-36" type="given" value="WILLIAM"/>WILLIAM MAITLAND</persName> </hi>. I am an accountant at 30, Mark Lane—I have known Mr. Gostling since 1872—he was then carrying on business on his own account—I have acted since then as accountant to the business until now—the business is now being carried on—there is no pretence for saying there is any disruption—I remember Mr. Miller coming into partnership, with Mr. Gostling and his brother in May 1873—I have all the accounts and books, and abstracts of them—they were to subscribe 5,000
<hi rend="italic">l</hi>. each—Mr. Miller paid his 5,000
<hi rend="italic">l</hi>.—Mr. William Gostling did not pay his at the time—Mr. J. C. Gostling did not pay his 5,000
<hi rend="italic">l</hi>.—he was to collect assets out of which he was to-pay—the assets exceeded the liabilities by 5,158
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. 11
<hi rend="italic">d</hi>.—the assets were 11,722
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., and the liabilities 6,5481. 18
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>. that partnership continued until 31st October, 1873, when the company was established—this (
<hi rend="italic">produced</hi>) is a printed copy of the articles of association) showing a capital of 30,000
<hi rend="italic">l</hi>. in 600 shares of 50
<hi rend="italic">l</hi>. each—in May, 1874, it was resolved to increase it to 50,000
<hi rend="italic">l</hi>.—the whole of those shares were paid-up with the exception of the prisoner's—at the formation of the company the prisoner and his brother William were appointed managing directors—the trading between May and the end of October showed a profit of 300
<hi rend="italic">l</hi>.—at first it—was believed that there was a profit of 1,300
<hi rend="italic">l</hi>., but in the end it was found to be only 324
<hi rend="italic">l</hi>.—whatever the profits were they were placed' to the prisoner's account; they were not taken in by the new Company in any "way—they only amounted to 300
<hi rend="italic">l</hi>. ultimately—William Miller was the chairman of the Company—an account was opened in reference to the old business in the new books—it was called "J. C. Gostling & Co. liquidation account"—that account was ultimately balanced in June 1874—there was a balance of 4,024
<hi rend="italic">l</hi>.—the balance arose in this way, on 31st October, 1873, the termination of the partnership, there was 4,062
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>. due by Mr. Gostling to the liquidation of his old affairs, during the existence of the Company he further payed off old liabilities of his 1,471
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. and he realised old assets to the amount of 509
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>., that made the deficiency 5,024
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>., on account of which he raised. a loan and paid the company 1,000
<hi rend="italic">l</hi>., reducing it to 4,024
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>.—he gave promissory notes for the balance at long, dates, some are due but are not paid—that was in June, 1874, and the matters with reference to the old business were closed—the new company did not take over the old business in any way—in the minute-book of the company under the date of January, 1874, there is a resolution that J. C. Gostling and William Gostling be allowed to draw upon the company in anticipation of profits during the current six months at the rate of 60
<hi rend="italic">l</hi>. a month each, and five per cent, to be charged on the respective accounts—the minute book represents that the prisoner was present—on the 24th of February there was a resolution that</p>
<xptr type="pageFacsimile" doc="187508160010"/>
<p>the prisoner and his brother should be allowed to draw in anticipation of profits a sum not exceeding 200
<hi rend="italic">l</hi>. each during the current half-year for the payment of certain sums falling due for interest on private loan, interest to be charged at the rate of ten per cent—they were present when that was resolved; the prisoner resigned as managing director and director on the 3rd December and his resignation was accepted on the 9th—at that meeting the prisoner was present—this letter was written by the prisoner. (
<hi rend="italic">Read</hi>: "14th September; I beg to place in your hands my resignation as managing director of J. C. Gostling & Co., which please communicate to the shareholders.") The resolution was carried on that date and he ceased to be managing director or director—he did not act—he was present at the meeting—I was aware of his subsequent appointment as manager of the cement works at Northfleet—he wrote this letter to Mr. Miller on 11th September "I will accept the offer made by the shareholders to execute works as hitherto on the same terras offered to and accepted by Mr. William Gostling"—that appointment did not in any way involve any financial dealings on his part—the prisoner's letter was answered by this letter marked I from Mr. Miller. (
<hi rend="italic">Read-</hi>: "I am in receipt of yours of yesterday's date the contents of which I will submit to my directors; it will however be needful to define exactly what your duties are in the future to be, so as to prevent any misunderstanding; one of the stipulations that we make is that you cease to have anything to do with the management of the City office but leave that entirely in the hands of your brother and myself; that being so, your duties would be solely confined to the works at Northfleet; also that you hand over to the company the lease of the office in Gracechurch Street. There are several other matters which it may be needful to have set forth.")
<hi rend="italic">Another letter dated 14th December from Mr. Miller to the prisoner, was read which was to the same effect.</hi> The prisoner continued to manage those works until 30th October and he was then suspended and finally dismissed—on 13th November and since then he has never taken any part in the management of the company or of the business at Northfleet—at that time there was an investigation going on into the accounts—this resolution was passed on 30th October. (
<hi rend="italic">This was the resolu
<lb/>tion suspending the prisoner from any further connection with the works, a copy of which was sent to him.</hi>) At the time he ceased to be managing. Director and, director, the amount of his overdrawn account was 1,686
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—he was—entitled to draw 60
<hi rend="italic">l</hi>. a month for the current six months, and the sum of 200
<hi rend="italic">l</hi>., that is 560
<hi rend="italic">l</hi>., and he had overdrawn that to the amount of 1,686
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—that was the whole amount; in order to get at the overdraft you would have to deduct the 560
<hi rend="italic">l</hi>.—I investigated these accounts myself; I have gone through them; there is an account of goods consigned to Mr. Tickell to the amount of 479
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>.—on 24th November, 1873, Tickell gave a bill for 200
<hi rend="italic">l</hi>.; he has had credit for that amount in settling that transac
<lb/>tion; it had nothing to do with any loan to the company that I know of—the bill of 84
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. on 23rd February, 1874, is in exactly the same position—it is credited in the same way, also the 150
<hi rend="italic">l</hi>. on 21st August, 1874, and the cheque for 45
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. of 29th September, that makes 479
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>.—Mr. Tickell has received credit from the company for all those amounts—the company has no claim against him as far as they arconcerned—the 14
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. bill is not passed through the books in any way—the company has never received that amount nor the 150
<hi rend="italic">l</hi>. or the 45
<hi rend="italic">l</hi>.—it was the prisoner's duty to have entered the 84
<hi rend="italic">l</hi>. in the bill-book as money received from Mr.</p>
<xptr type="pageFacsimile" doc="187508160011"/>
<p>Tickell, the book is here, it is not so entered—after the prisoner left, Mr. Tickell rendered an account in which he claimed credit for this, and the company although they had never received the money, gave him credit for it—the 150
<hi rend="italic">l</hi>. does not appear in the bill-book—the 45
<hi rend="italic">l</hi>. cheque ought to appear in the cash-book, it does not—there are no entries in the books of those three amounts—there is no entry of Mr. Collins' cheque of 240
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>. on 21st August, 1874, that ought to have appeared in the cash-book; it does not appear in any book of the company—on 20th August Mr. Taylor's bill of 73
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. is entered as having been sent to the bank, but it was not; the entry is "August 21st, bill received, No. 46, 73
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>."—all sums entered ought to be sent to the bank—the printed heading to the column is "Amount sent to the bank"—the entry is in the handwriting of Mr. Mabbs who was book-keeper and cashier at that time—Mr. Capper's bill ought to appear in the bills-payable book, it does not—Mr. Rendell's bill of 81
<hi rend="italic">l</hi>. due 1st September is not entered, nor Lockyer's 100
<hi rend="italic">l</hi>. drawn 1st July—those three bilk have been paid out of the company's assets—they would in the ordinary course be presented at the bank and unless there was any countermand they would be paid without remark.</p>
<hi rend="italic">Cross-examined.</hi> These three bills have been placed by the cashier to the prisoner's own drawing account; Capper's on 2nd September, Rendell's on 14th September, and Lockyer's on 31st October—they did not form part of the 1,680
<hi rend="italic">l</hi>.—the moment the nature of the transactions was discovered they were transferred to what is called, rightly or wrongly, a defalcation account; that does not include the liquidation account—it would be Mabbs' duty to enter those bills in the bill-book if he knew of them—the bill-book is generally in his writing, or that of another clerk named Pollcok; he was the book-keeper—the company's account was overdrawn at times; the 27th December, 1873, was the first date—I have no note about the other dates—I think from 100
<hi rend="italic">l</hi>. to 200
<hi rend="italic">l</hi>. would be the largest amount overdrawn—it was not so much as 600
<hi rend="italic">l</hi>. that I remember—to the best of my belief the London and County Bank frequently refused to discount the bills of the company—I cannot from personal knowledge say that they were then sent to John Brown & Co.—there is nothing in the books to show it; the banker's book would not show it—I was at the police-court, and heard Mr. Stanton, from John Brown & Co., examined—after that I asked for a copy of Mr. Gostling's private account there, and it was refused, so I made no further inquiry—there is nothing in the books to indicate John Brown's account at all, or any connection with it—I find that there are five or six sums paid in by the prisoner to the credit of the company, not to the amount of Borne thousands—I am not able to say that bills were refused to be dis
<lb/>counted by the London and County Bank, and then taken by him to Brown's and there discounted and placed to his account, and afterwards transferred to the credit of the company—I am not in a position to say whether he did not continually pay large sums for the company in that way; I cannot find. anything to that effect on the face of the books—he paid into the County Bank to the credit of his own drawing account 250
<hi rend="italic">l</hi>. on 22nd November, 1873, 200
<hi rend="italic">l</hi>. on 24th November, 113
<hi rend="italic">l</hi>. 19
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. on 27th December, and 500
<hi rend="italic">l</hi>. on 2nd January, 1874; that is all I have got a note of—there is no entry of 400
<hi rend="italic">l</hi>. on 21st August, 1874—on 21st November there is 400
<hi rend="italic">l</hi>. received by the company, paid into the bank to the credit of "exchange cheque account"—that was in this way, a few days before this he took two cheques of 200
<hi rend="italic">l</hi>. each; I don't know what he did with them, the name of the</p>
<xptr type="pageFacsimile" doc="187508160012"/>
<p>account is misleading, it would have been more accurately called an irregular part of Mr. Goatling's own drawings
<hi rend="italic"/>; there were two sums belong
<lb/>ing to the company which he took, and he paid in 400
<hi rend="italic">l</hi>. afterwards to replace them—the book is almost all in Mabb's writing—I was aware of the prisoner going to America; after he had gone, I saw a letter stating that he had gone on the service of the company—it is not here I think—here is a printed copy of it; it was produced at the police-court—I saw it before the prisoner was arrested—a general meeting of the shareholders was called to have these matters investigated; that was before his arrest—I am not aware that he had given notice that he was coming to attend that meeting—I was not present at that meeting; there is a minute in the book about it—I don't know whether this printed circular was sent round to the shareholder before his arrest—I saw a copy of it before his arrest—Mr. Miller received one before the meeting was held, and before the prisoner was arrested—I think he was arrested the day before the meeting—he was kept in custody at Liverpool, not exactly till after the meeting—he was brought to town—he did not attend the meeting—he was at the Mansion House—the meeting was held after the hearing at the Mansion House—I only went into the meeting occasionally; I did not stay to hear the proceedings, and can't say what passed—Mr. Miller was there—the books were produced—I swear I did not know that the prisoner was coming to the meeting expressly to explain matters if he had not been arrested; I really believe the other way—I believe a bill in Chancery has been filed about this matter—there are various charges for accountant and lawyers in the defalcation account—I Can't tell you the exact amount, 450
<hi rend="italic">l</hi>. is the estimated amount of the legal costs that is including the lawyers and accountant; it is so in the books—it is merely a matter of book-keeping—a bad debt of Gostling & Wilson of 2,000
<hi rend="italic">l</hi>. has gone into the account—I do not know whether that is right or wrong—I do not put against him all the debts of the old firm—he brought in 1,000
<hi rend="italic">l</hi>. cash on account of his own affairs, part of the liquidation account—he was credited with that in the liquidation account—the defalcation account has only reference to these irregularities; the liquidation account has only reference to his old affairs—the debt of Gostling & Wilson, of New York, was taken over by the company upon certain representations of the prisoner—there were no debts to be collected in New York; there was one small sum of 5
<hi rend="italic">l</hi>., I think—Mr. George Peel is one of the directors, and Mr. Barkgate another—I believe both their bills were refused by the London and County Bank for special reasons, but what came of them 1 can't say—to the best of my belief they were discounted at Brown's; but I do not learn that from the books—I only learnt it recently—one was drawn by Mr. Miller on Mr. Peel.</p>
<hi rend="italic">Re-examined.</hi> The defalcation account was made up after the investiga
<lb/>tion of all these affairs, in endeavouring to estimate the loss which the company had sustained by the prisoner's irregularities—the account of Brown & Co. has never been brought to my notice; there is no such account among the company's books in any shape or way—I know that the prisoner had at one time an account with Brown & Co., and at the same time with the Lambeth branch of the London and County Bank—when the partner
<lb/>ship with Mr. Miller began the account with Brown & Co. was altogether done away with, as far as the partnership was concerned—I was a party to that—the London and County was to be the only bank both of the partnership and the company—Mr. Gostling, of New York, is. a brother of</p>
<xptr type="pageFacsimile" doc="187508160013"/>
<p>the prisoner—the 2,000
<hi rend="italic">l</hi>. was for goods supplied to him a long time back, before the partnership began—it was about 1,800
<hi rend="italic">l</hi>., I think—the 400
<hi rend="italic">l</hi>. cheque about which I have been asked was paid in to meet the two sums of 200
<hi rend="italic">l</hi>. that had been previously taken out; the company got no benefit from that—the 250
<hi rend="italic">l</hi>. in November, 1873, was paid to his drawing account; the company got the benefit of that to the extent of its being paid into the bank account—that was Collins' bill that the prisoner discounted—there was nothing in the books to indicate it, but that was the explanation he gave—the company did not in any way get the benefit of that 250
<hi rend="italic">l</hi>., except that his previous drafts were replaced—it was the same with Tickells bill of 200
<hi rend="italic">l</hi>. of 24th November—I can't find where he got the 113
<hi rend="italic">l</hi>. 19
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—the 500
<hi rend="italic">l</hi>. he got from Mr. Tickell—the company had to pay that—they got the benefit of it simply by its replacing former drafts of the prisoner's; they are all the same, the 400
<hi rend="italic">l</hi>., the 500
<hi rend="italic">l</hi>., the 113
<hi rend="italic">l</hi>., and the 250
<hi rend="italic">l</hi>.—that reduced the over draft to 1,686
<hi rend="italic">l</hi>.—it would have been so many hundred pounds more but for that—the prisoner was dismissed on 13th November, and I believe he left London for America that evening—he returned, I think, about the end of February this year, and he was then arrested—the meeting of shareholders was being held about the time of his return it; so happened, he could not know of it.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">MR. METCALFE</hi>. After he got to America, I received a letter stating his reasons for going, and his intention to return.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-37" type="witnessName">
<interp inst="t18750816-name-37" type="gender" value="male"/>
<interp inst="t18750816-name-37" type="surname" value="LEWIS"/>
<interp inst="t18750816-name-37" type="given" value="FREDERICK WILLIAM"/>FREDERICK WILLIAM LEWIS</persName> </hi>. I am a clerk in the Companies' Office—I produce a register of J. C.—Gosling & Co., Limited, dated 4th November, 1873—the articles of the association were filed at the same time.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-38" type="witnessName">
<interp inst="t18750816-name-38" type="gender" value="male"/>
<interp inst="t18750816-name-38" type="surname" value="MILLER"/>
<interp inst="t18750816-name-38" type="given" value="WILLIAM"/>WILLIAM MILLER</persName> </hi>. I was residing at the Cedars, Upper Tooting—I have since removed—I have retired from business for some time—in May, 1873, I became partner with the prisoner and his brother William, as cement dealers—that partnership continued till October, 1873, and then the com
<lb/>pany was formed on 1st November—I advanced 5,000
<hi rend="italic">l</hi>. for the partnership, and William Gosling, and the prisoner were to advance 5,000
<hi rend="italic">l</hi>. each—the prisoner's 5,000
<hi rend="italic">l</hi>. was to be represented by the assets of the old firm, which did not turn out so fruitful as was expected—I hold 140 shares in the com
<lb/>pany, amounting to 7,000
<hi rend="italic">l</hi>.—the capital of the company was at first 30,000
<hi rend="italic">l</hi>., it was afterwards increased to 50,000
<hi rend="italic">l</hi>.—the whole of that was paid-up—there are only 10 or 12 shareholders—they are wholly my personal friends who I induced to join the company—I also advanced 9,000
<hi rend="italic">l</hi>., which was afterwards paid off—the prisoner was managing director of the company until September, 1874—after that he was appointed manager of the cement works, Northfleet—he had nothing to do with the commercial affairs of the company—nearly 40,000
<hi rend="italic">l</hi>. was laid out on the buildings at North fleet—the prisoner had an account with Brown & Co., bankers, that account was not in any way authorised by the directors—I did not sanction or know of any payments that he made in to Brown & Co.—if he received any monies on behalf of the company, it was his duty to pay them in to the banking account of the company, and have them duly entered in the com
<lb/>pany's books—if he received a bill from a customer, it would be entered in the bill-book, and if he received cash it should be entered in the cash-book—it would be his duty to do that or order it to be done—Mabbs acted under his direction; he is not now in the company's employ; I think he left in December, 1874—the prisoner had no authority to appropriate any monies that he received from customers or in any way in the course of the</p>
<xptr type="pageFacsimile" doc="187508160014"/>
<p>business, to his own use, either for a short or a long time—until the investi
<lb/>gation of the accounts I was not aware that he had made use of Tickell's bills, of 84
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. and 150
<hi rend="italic">l</hi>., or the 45
<hi rend="italic">l</hi>. cheque, nor was I aware of the three bills of 55
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>., 81
<hi rend="italic">l</hi>., and 100
<hi rend="italic">l</hi>., or of Collins' cheque for 240
<hi rend="italic">l</hi>., or Taylor's bill of 73
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—I received this letter from the prisoner, dated 27th January, 1874, in reference to Brown & Co.'s account—my attention was first called to that letter the day prior to the last examination before the Lord Mayor—the letter was not produced then, it was attempted to be produced, but there was some difficulty made—he says in this letter "I have however discounted to-day at Messrs. Brown & Co.'s, who have at times done a good deal for us at 5 per cent, which amounts to 6
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>."—I am not aware that I answered that letter—I must have noticed that passage at the time, but it had entirely escaped me, and until I accidentally found the letter I was not aware of its existence—bills that were accepted by the company required the signature of two directors—the articles of association state "that the directors shall have power to draw, accept, or endorse any promissory note, or to empower and authorise any one of the directors so to do on behalf of the company, all such documents being signed by two directors, or in such other manner as the board may direct"—the practice was in accepting bills that they should be signed by two directors—the prisoner had no authority to accept bills in the name of the company on his own private account, and until the three bills mentioned were dis
<lb/>covered I was not aware that he had ever done so.</p>
<hi rend="italic">Cross-examined.</hi> When this company commenced I was residing at Whitehaven, in Cumberland—I did not often come up to town—early in May, 1874, I removed to the Cedars, at Tooting—Mr. George Peel, one of the other directors, lived in the county of Durham, and still does—Mr. Bargate lives in Lancashire—we took no part in the management of the business of the company—William Goatling, the prisoner's brother was the other director—I have given you the names of all the directors at that time—the prisoner and his brother, who were the original owners of the business, attended to it—William Gostling was residing, in London—the two Gostlings signed bills; I signed at times—blank bills were not sent down to me, blank cheques were occasionally—I can't say whether they were altogether in blank, they might have the names of the parties to whom they were payable, or they might not; I cannot remember—until I was shown a letter, I was under the impression that I had not signed cheques in blank; it was a letter that I found in my own possession—I then made the admission; that brought to my mind that I had done so—I at first declared that I had never heard of Brown & Co., until the letter was produced which brought it to my notice, I had forgotten
<hi rend="italic">it. (Letter read</hi>: "27th January, 1874. Dear Sir,—your letters are to hand—the Lon
<lb/>don and County Bank flatly decline to discount your draft, and nothing I could say would lead them to believe other than that it was an accom
<lb/>modation bill." (That was a draft of mine on Mr. Alfred Peel, not the director, but his brother.) "I certainly felt much disposed to move our account, and if you could get us a good introduction to Barclay's, through your own bankers, we would go to them. I have, however, discounted it to-day, at Messrs. Brown & Co., who have at times done a good deal for us, at oh per cent, which amounts to 6
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. We have not a large balance left in hand, as I have paid all bills due in January, and a variety of amounts which were due, principally upon works account. My drawing account up</p>
<xptr type="pageFacsimile" doc="187508160015"/>
<p>to to-day, from the 1st of November, is about 170
<hi rend="italic">l</hi>. I now enclose you a letter, which I trust will meet with your consideration, and I think, you will agree with me, that what I ask is fairly chargeable to the limited com
<lb/>pany. William writes that he will see you tomorrow, when, perhaps you will discuss the matter.") I have not got the letter that was enclosed, I don't know that I made any inquiry where the prisoner was getting the funds to pay things, or why he went to Brown's—the complaint is not that the bills were taken to. Brown's, but that the money was left there—we had no account open with Brown & Co.—I presume if we had got the money we should have had no ground of complaint—I do not know of my own knowledge that large sums have been paid by him from Brown & Co. to our company; I do not know it from the books, I have nothing whatever to do with the books, and never examined them—Mabbs was taken to the police-court on the part of the prosecution and gave evidence; I can't say whether I was present—Pollock. succeeded him as cashier; I do not think he was examined on the part of the pro
<lb/>secution—I suppose the funds the prisoner paid came from the capital, 50,000
<hi rend="italic">l</hi>., which was paid up by the shareholders—I can't say how long it was before Mr. Peel's was paid up, the books show—the bill I have spoken of was not for the purpose of paying Mr. George Peel's shares, it was for the payment of Mr. Alfred Peel's own shares—Mr. Bargate gave a bill for 1,000
<hi rend="italic">l</hi>. for a portion of his shares—I have heard that was refused by the London and County Bank; I made no inquiry; I know it now—I can't say of my own actual knowledge that was taken to Brown & Co. to be dis
<lb/>counted, I have heard that it was—my own actual knowledge, does not extend to much, because I was paying no attention it—it was discounted somewhere—that was in June or July, 1874:—the 30,000
<hi rend="italic">l</hi>. was not all paid up at once, but in a very short period—I can't say from memory what period, the books will show—I know that the company was occasionally short of money, I can't say continually; it was short of money, and for good reasons—applications were made to me continually for money, and I sent up very large sums—I did not direct the prisoner and his brother to get money wherever they could, to protect the interests of the company—I suppose the bills were to be met partly by the payments for their own shares, which had not been fully paid up—the prisoner was to realise his assets, but they never were realised; it was his business to collect the assets, and they were to form the 5,000
<hi rend="italic">l</hi>. for the shares that were allotted him—the assets were supposed to be good when the company was formed, and as they were realised. they were to go in pay
<lb/>ment of the 5,000
<hi rend="italic">l</hi>. worth of shares that were allotted him; if the assets turned out bad he would have to pay for his shares; that is not in writing, but it was understood, and was recognised by him—his original 5,000
<hi rend="italic">l</hi>. of shares have not been paid up to this date"; his brother's have been paid up—something like 4,000
<hi rend="italic">l</hi>. odd of the prisoner's shares has not been paid—I can't say whether that corresponds with the liquidation account—I can't say whether he paid off 1,000
<hi rend="italic">l</hi>. on the liquida
<lb/>tion account, I corresponded with him—I am sorry to say I have not kept a great number of the letters—the prisoner paid something on his shares undoubtedly, I can't say what amount—I can't form an opinion of the pre
<lb/>sent value of the property, I have not estimated it; I suppose at a rough guess it is worth some 30,000
<hi rend="italic">l</hi>. at the present moment—my interest is represented by 7,000
<hi rend="italic">l</hi>.—I had a mortgage of 9,000
<hi rend="italic">l</hi>. besides; that has been</p>
<xptr type="pageFacsimile" doc="187508160016"/>
<p>paid off, with 10 per cent. interest—I have not had 10 per cent. for my 7,000
<hi rend="italic">l</hi>.; no dividend has been declared; I have not stipulated for 10 per cent.—the prisoner's brother's shares stand at 1,500
<hi rend="italic">l</hi>. I think in the books of the company at present—the prisoner and his brother are not re
<lb/>presented at 1,600
<hi rend="italic">l</hi>. in the books—they have not forfeited them, they have been transferred by them—I think the registry is here—I believe the amount standing in their names at present is 1,500
<hi rend="italic">l</hi>.; 1,000
<hi rend="italic">l</hi>. in the name of William Gostling, and 500
<hi rend="italic">l</hi>. in the prisoner's—there are ten or twelve share
<lb/>holders, including the five directors (
<hi rend="italic">referring to the register</hi>)—there are twenty shares (1,000
<hi rend="italic">l</hi>.), standing in the name of J. C. Gostling, and thirty shares (1,500
<hi rend="italic">l</hi>.), in the name of William Gostling—the shares deposited with Mr. Tickell must form part of the 1,000
<hi rend="italic">l</hi>., because there was no transfer to Mr. Tickell; they form part of the shares that he still holds, part of the 1,000
<hi rend="italic">l</hi>., they have not been transferred—I may have known as early as the 12th November, 1873, that the company was very short of money, and may have directed the prisoner on no account to let the bills be returned—I did not give him directions how the money was to be raised; I assumed that money would be coming in for payment of his shares—I have no recollection of any letters passing then—I was up in town in November, and no doubt I should have verbal communication; shares were being taken up by Mr. Peel and others; I was only making efforts to raise money by the issue of the shares; I offered shares to my friends—I am not aware that there was any difficulty with Mr. Peel; he paid for his shares as they were allotted him, according to an arrangement made—I believe there is a letter of mine in Court, to the effect, that I suggested to the prisoner to have recourse to all kinds of expedients in order to meet the acceptances and the weekly payments—I did not recommend him to raise money in any way it could be raised, or by discounting the bills of the company—of course he would have to discount the bills of the company—he would do that with the London and County Bank—I gave him no directions if they refused—I did not tell him not to discount with John Brown & Co.—a gentleman from Brown's was examined at the police-court, I don't know whether he is here; Mr. Peel is not here, or Mr. Bargate, or any other director or shareholder that I am aware of, except the prisoner's brother.</p>
<hi rend="italic">Re-examined.</hi> This letter is the prisoner's writing. (
<hi rend="italic">Read, from the prisoner to the manager of the London and County Bank, 12th March.</hi> "Dear Sir,—Please note that in future our acceptances will be signed by one director, only instead of two as formerly, and we beg you will pay drafts so signed—J. C. Gostling, William Gostling, pro. John C. Gostling & Co. Limited, John C. Gostling." I was not aware of the existence of that letter until April this year—he never told me that he had written such a letter, nor had I ever authorised his writing it—this (
<hi rend="italic">produced</hi>) is a list of the present shareholders up to March 1875—I think there are two names that are not shareholders, Charlton, and Theobalds name occur twice, there is only one Theoabld a shareholder now; Mr. Peel holds 50 shares, the shares are 50
<hi rend="italic">l</hi>. each—there are
<hi rend="italic">two</hi> Peels, one holding 70 and the other 50
<hi rend="italic">l</hi>.; they are friends of mine, Mr. Prothero Smith holds 100; he is not a friend of mine, Mr. Maddox holds 170, he is a friend; Mr. Bargate forty, and Mr. Rawlinson 120, they are my friends; Mr. Abrahams holds eight—I know him slightly all the shares are paid up—the 9,000
<hi rend="italic">l</hi>. which I advanced was I presume expended for the benefit of the company; the prisoner would have to deal with that</p>
<xptr type="pageFacsimile" doc="187508160017"/>
<p>as well as with the other funds; that sum was advanced shortly before the formation of the company, and was taken over by the company at its for
<lb/>mation—it was repaid I think in January last, out of the funds of the com
<lb/>pany—I never gave the prisoner any authority directly to get bills dis
<lb/>counted by Brown & Co.—the directors had no control over any account of Brown & Co.—I never saw it—I believe there is no entry in any of the books relating to it—if the prisoner had been able to pay up his shares that would not have entirely sufficed for the purposes of the Company; it would have prevented the difficulties that appear to have arisen at the time the money was needed—since this accusation has been made an accountant on the prisoner's behalf has had complete access to all the books and every document belonging to the Company.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-39" type="witnessName">
<interp inst="t18750816-name-39" type="gender" value="male"/>
<interp inst="t18750816-name-39" type="surname" value="STOWELL"/>
<interp inst="t18750816-name-39" type="given" value="CHARLES EDWARD"/>CHARLES EDWARD STOWELL</persName> </hi>. I am manager of the Lambeth branch of of the London and County Bank—J. C. Gostling & Co., Limited, have an account there—these (
<hi rend="italic">produced</hi>) are two paying in slips from the Company to their account—on the slip dated 17th August, 1874, there is a bill of 73
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. of Mr. Taylor; that with other bills was paid in for dis
<lb/>count—the whole of the bills were returned to the company for the signa
<lb/>ture of Mr. Miller the chairman; they were returned by the cashier, but were submitted to me—they were brought back with Mr. Miller's signature on 21st August, with the exception of the 73
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. bill, and discounted—I don't know what became of that bill—if it had had Mr. Miller's signature I should not have refused to discount it, but it was never brought back to me—I remember receiving this letter of 12th March; that was acted upon by me up to the date of the resolution of 10th July.</p>
<hi rend="italic">Cross-examined.</hi> I have not the company's account with me—here is the pass-book—the first entry here is on 1st November, 1873, the amount then paid in was 175
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>.—on 12th Nov. there was about 1,000
<hi rend="italic">l</hi>. in hand, and on 13th 60
<hi rend="italic">l</hi>. was drawn out; at the end of the month there was 350
<hi rend="italic">l</hi>. in—on 12th December 1,687
<hi rend="italic">l</hi>.; at the end, 54
<hi rend="italic">l</hi>.—on 5th January, 800
<hi rend="italic">l</hi>.; on the 15th, 2,700
<hi rend="italic">l</hi>.; at the end, 200
<hi rend="italic">l</hi>.—on 13th February it was overdrawn. 130
<hi rend="italic">l</hi>., but I see on the next day they paid in 500
<hi rend="italic">l</hi>. to cover, that; that might probably have been paid in the same night, and not passed to the credit—on 4th December, 1873, the account was overdrawn 270
<hi rend="italic">l</hi>.; and I see 1,000
<hi rend="italic">l</hi>. was paid in on the 5th—on 25th March it was overdrawn 90
<hi rend="italic">l</hi>., and on 2nd April, 544
<hi rend="italic">l</hi>., but nest day bills were passed to the credit of the account, and in all probability they were in the house at the time, pending in
<lb/>quiries; bills are frequently left a day or two before in order that inquiry may be made as to the responsibility of the acceptors, and we should not pass them until that was ascertained—the amount of those bills was 926
<hi rend="italic">l</hi>.—on 21st April the account was overdrawn about 40
<hi rend="italic">l</hi>.—on 13th May the balance was about even—the account was frequently "overdrawn—I should think about 500
<hi rend="italic">l</hi>. was the largest amount'—there is no absolute limit—I should not allow an account to be overdrawn except under special circumstances—we had bills in all probability in the house at the time—I cannot tell how often bills of the company were refused to be discounted; it did not happen frequently—I remember the bill of Mr. Peel's, but I cannot
<hi rend="italic">give</hi> you the date—we never returned the company acceptances that I am aware of; we have refused to discount drafts upon them—I beg to distinguish' between drafts and acceptances, their own acceptances were never returned I believe; they were never offered—I cannot tell you whether cheques of Brown &</p>
<xptr type="pageFacsimile" doc="187508160018"/>
<p>Co. came in to meet the overdrafts—we have no register of the drawers of cheques, it would simply appear as "cash."</p>
<hi rend="italic">Re-examined.</hi> It would be impossible for us to name the drawer of cheques paid in—the person who paid them in would of course be able to prove it—during the existence of the company, we have refused very few bills, perhaps half a dozen—we certainly prefer trade bills—Mr. Peel's bill was refused because it appeared on the face of it to be an accommodation bill—the bill was held by us and paid at maturity—when a cheque is paid in by a customer to his account, we always stamp it, and we stamp a bill that is brought for discount—this cheque of Collins for 240
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. was never passed through our bank, nor this bill of Tickells for 84
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., or 150
<hi rend="italic">l</hi>., or this cheque for 45
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>.,—about 92,000
<hi rend="italic">l</hi>. has gone through our hands on behalf of the company during its existence.</p>
<rs id="t18750816-408-verdict-1" type="verdictDescription">
<interp inst="t18750816-408-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18750816-408-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">Strongly recommended to mercy by the Jury on account of the difficult position in which he had been placed from time to time. He was also recommended to mercy by the prosecutor.</hi> </rs>
<hi rend="italic">
<rs id="t18750816-408-punishment-1" type="punishmentDescription">
<interp inst="t18750816-408-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t18750816-408-punishment-1" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-408-18750816 t18750816-408-punishment-1"/>Four Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18750816-409">
<interp inst="t18750816-409" type="uri" value="sessionsPapers/18750816"/>
<interp inst="t18750816-409" type="date" value="18750816"/>
<join result="criminalCharge" id="t18750816-409-charge-1" targOrder="Y" targets="def1-409-18750816 t18750816-409-offence-1 t18750816-409-verdict-1"/>
<persName id="def1-409-18750816" type="defendantName">
<interp inst="def1-409-18750816" type="gender" value="male"/>
<interp inst="def1-409-18750816" type="age" value="17"/>
<interp inst="def1-409-18750816" type="surname" value="HOULIHAN"/>
<interp inst="def1-409-18750816" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES HOULIHAN</hi> (17)</persName>
<rs id="t18750816-409-offence-1" type="offenceDescription">
<interp inst="t18750816-409-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18750816-409-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery with violence on
<persName id="t18750816-name-41" type="victimName">
<interp inst="t18750816-name-41" type="gender" value="female"/>
<interp inst="t18750816-name-41" type="surname" value="GRANGE"/>
<interp inst="t18750816-name-41" type="given" value="BRIDGET LOUISA"/>
<join result="offenceVictim" targOrder="Y" targets="t18750816-409-offence-1 t18750816-name-41"/>Bridget Louisa Grange</persName>, and stealing 1
<hi rend="italic">s</hi>., the property of
<persName id="t18750816-name-42" type="victimName">
<interp inst="t18750816-name-42" type="gender" value="male"/>
<interp inst="t18750816-name-42" type="surname" value="GRANGE"/>
<interp inst="t18750816-name-42" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18750816-409-offence-1 t18750816-name-42"/>George Grange</persName>.</rs> </p>
<hi rend="smallCaps">MR. MONTAGU WILLIAMS</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18750816-name-43" type="witnessName">
<interp inst="t18750816-name-43" type="gender" value="female"/>
<interp inst="t18750816-name-43" type="surname" value="GRANGE"/>
<interp inst="t18750816-name-43" type="given" value="BRIDGET LOUISA"/>BRIDGET LOUISA GRANGE</persName> </hi>. I live at 35, Charles Street, Oakley Street, 'with my husband—about 2 o'clock on the morning of 11th July, I was passing through Victoria Street, it was raining very heavily—there was a coffee stall there, and several people standing there out of the rain—I went to have a cup, and as I was passing a lamp-post I took 1
<hi rend="italic">s</hi>. out of my pocket and held it in my hand—the prisoner came up behind me and said "Let me have it"—he turned me right round and whilst he held me with his hand; he beat me in the face with the other like a hammer very cruelly; he cut me in the eye and blinded me with the blood and knocked a false tooth into my mouth—I clenched my hand tightly, but he succeeded in getting the shilling and then ran away down a little turning—I afterwards saw a policeman and gave a description to him and also at the station, and on my way back from the station I saw the prisoner in Peter Street, with a young woman without any bonnet or shawl on, just in the same direction as he had run—I pointed him out to a policeman and he was taken—I have not the least doubt of his being the man—I had never seen him before.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-44" type="witnessName">
<interp inst="t18750816-name-44" type="gender" value="male"/>
<interp inst="t18750816-name-44" type="surname" value="DAVIES"/>
<interp inst="t18750816-name-44" type="given" value="JOHN"/>JOHN DAVIES</persName> </hi> (
<hi rend="italic">Policeman B</hi> 52). About 2.20 on this morning, the prosecutrix came to me in Orchard Street, she was bleeding from the face, she made a complaint and gave a description—after-, wards about 2.50, I was walking down Peter Street, with her and saw the prisoner walking with a female—on seeing him the prose
<lb/>cutrix whispered to me "I think that is the lad who done it"—I took him into custody—he denied the charge—she said she was quite positive he was the person.</p>
<hi rend="italic">Witness for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18750816-name-45" type="witnessName">
<interp inst="t18750816-name-45" type="gender" value="female"/>
<interp inst="t18750816-name-45" type="surname" value="MARNER"/>
<interp inst="t18750816-name-45" type="given" value="ELLEN"/>ELLEN MARNER</persName> </hi>. I have known the prisoner about four months—he is no relation—I was with him on the morning he was taken into custody—I had been with him from 10 o'clock the night before, we had been all round the place for a walk to the top of Victoria Street, and up Horseferry Road, and then we came back into New Peter Street, and stood in a doorway because it was raining—we remained there about an hour, and when we came out he was taken into custody, that was near 3 o'clock—I was with</p>
<xptr type="pageFacsimile" doc="187508160019"/>
<p>him all that time except for a quarter of an hour, when he left me about 10.45, he went home and I met him again at 11 o'clock, and we walked about till he was taken, except the time we were standing in the doorway—I live at 2, Blue Anchor Court, Great Peter Street, and he lives in Bull's Head Court, Great Peter Street.</p>
<hi rend="italic">Cross-examined.</hi> That is the next court to ours—I had never been out with him before in this way—he does not go about at night that I know—of—we were in Great Peter Street, about 11.30—we were not doing any
<lb/>thing except walking about—I live near—I said I would wait till the rain left off, and then I would go home—I was examined before the Magistrate—I told the policeman he could not have done it for he was with me at the time.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-46" type="witnessName">
<interp inst="t18750816-name-46" type="gender" value="male"/>
<interp inst="t18750816-name-46" type="surname" value="DAVIS"/>
<interp inst="t18750816-name-46" type="given" value="JOHN"/>JOHN DAVIS</persName> </hi> (
<hi rend="italic">re-examined</hi>). This is the girl who was with him when I took him—she told me he had been with her.</p>
<hi rend="smallCaps">
<rs id="t18750816-409-verdict-1" type="verdictDescription">
<interp inst="t18750816-409-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18750816-409-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18750816-410">
<interp inst="t18750816-410" type="uri" value="sessionsPapers/18750816"/>
<interp inst="t18750816-410" type="date" value="18750816"/>
<join result="criminalCharge" id="t18750816-410-charge-1" targOrder="Y" targets="def1-410-18750816 t18750816-410-offence-1 t18750816-410-verdict-1"/>
<persName id="def1-410-18750816" type="defendantName">
<interp inst="def1-410-18750816" type="gender" value="male"/>
<interp inst="def1-410-18750816" type="age" value="56"/>
<interp inst="def1-410-18750816" type="surname" value="MCCREADY"/>
<interp inst="def1-410-18750816" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN McCREADY</hi> (56)</persName>
<rs id="t18750816-410-offence-1" type="offenceDescription">
<interp inst="t18750816-410-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18750816-410-offence-1" type="offenceSubcategory" value="forgery"/>, Feloniously forging and uttering an order for the payment of 8
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. with intent to defraud.</rs> </p>
<hi rend="smallCaps">MR. STRAIGHT</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18750816-name-48" type="witnessName">
<interp inst="t18750816-name-48" type="gender" value="male"/>
<interp inst="t18750816-name-48" type="surname" value="SEATON"/>
<interp inst="t18750816-name-48" type="given" value="FREDERICK"/>FREDERICK SEATON</persName> </hi>. I am a licensed victualler, in London Street, Fen-church Street—on Tuesday, 15th July, the prisoner came to my bar, and asked me to cash this cheque for him—I had known him before—it is a cheque for 8
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. on the London and Westminster Bank, dated 15th July, purporting to be drawn by George Webb & Co.—I refused at first, but on his saying it would be a convenience to. give him a small portion, and the remainder when it was passed through the bank, I gave him 3
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>.—before giving it to him I asked who the-drawer was—he said George Webb & Co., of Commercial Street, I arranged for him to come on Saturday for the balance—I paid the cheque in to my bankers, the London and South Western next morning—on the Friday evening, the prisoner came again and asked me for the balance or a crossed cheque of my own as he wanted to send it into the country—I did not give it him—on the Saturday morning I received back the cheque marked "No account"—I saw the prisoner on the Saturday evening, in a public-house, nearly opposite mine, and I gave him in custody for obtaining 3
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. from me by false pretences—he said he did not wish me to lose the money—I had seen him fifty times before this, and knew him well.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> You stated at the station that you had received the cheque from Messrs. Peters, of Seething Lane, for commission.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-49" type="witnessName">
<interp inst="t18750816-name-49" type="gender" value="male"/>
<interp inst="t18750816-name-49" type="surname" value="WEBB"/>
<interp inst="t18750816-name-49" type="given" value="GEORGE"/>GEORGE WEBB</persName> </hi>. I am an
<hi rend="italic">egg</hi> merchant, in Commercial Street, Spitalfields—I kept an account with the London and Westminster Bank fifteen years ago, but not since—this cheque is not signed by me or by my authority—it is a very good imitation of my writing—I have known the prisoner for years—I knew him in business in Shoreditch as a tobacco manufacturer—I have not seen him for years—there was not much acquaintance between us—he knew me and my business, which was carried on as George Webb & Co.—I do not know a person named Peters.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-50" type="witnessName">
<interp inst="t18750816-name-50" type="gender" value="male"/>
<interp inst="t18750816-name-50" type="surname" value="HALL"/>
<interp inst="t18750816-name-50" type="given" value="JAMES PICE"/>JAMES PICE HALL</persName> </hi>. I am a clerk in the London and Westminster Bank, Lothbury—no such persons as Webb & Co. have any account with us—I wrote "No account" on this cheque—it was originally issued with others to Henry Roe & Co., in 1867—they have no account with us now, and have not had for years.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-51" type="witnessName">
<interp inst="t18750816-name-51" type="gender" value="male"/>
<interp inst="t18750816-name-51" type="surname" value="BURR"/>
<interp inst="t18750816-name-51" type="given" value="WILLIAM"/>WILLIAM BURR</persName> </hi> (
<hi rend="italic">City Policeman</hi> 701). I took the prisoner into custody</p>
<xptr type="pageFacsimile" doc="187508160020"/>
<p>—he said he did not know there was anything wrong with the cheque—there was a man sitting next to him, and he said "That is the man I got the cheque from"—I told them both they had better come to the station—the prisoner came; the other man did not, and I did not think I was justified in bringing him—the prisoner said at the station that he got the cheque from Mr. Peters, of 34, Seething Lane, in payment for business he had done for him.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-52" type="witnessName">
<interp inst="t18750816-name-52" type="gender" value="male"/>
<interp inst="t18750816-name-52" type="surname" value="FARLEY"/>
<interp inst="t18750816-name-52" type="given" value="WILLIAM"/>WILLIAM FARLEY</persName> </hi>. I am a corn factor, of 34, Seething Lane—in March last I
<hi rend="italic">let</hi> a back office there to a person named Alfred Peters—he disap
<lb/>peared at the end of May, with his furniture, without paying his rent—the prisoner had the
<hi rend="italic">entre</hi> to his office, and had the key—I have seen him passing up and down the staircase very often—T never saw him in the office—I can't say what Mr. Peters' business was—he was a tall man, nearly six feet high, a bulky sort of man, about forty-five years of age.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-53" type="witnessName">
<interp inst="t18750816-name-53" type="gender" value="male"/>
<interp inst="t18750816-name-53" type="surname" value="BURR"/>
<interp inst="t18750816-name-53" type="given" value="WILLIAM"/>WILLIAM BURR</persName> </hi> (
<hi rend="italic">re-examined</hi>). That description does not correspond with the man the prisoner pointed out—he was a tall, thin man, with sandy whiskers.</p>
<hi rend="italic">Prisoner's Defence.</hi> I can only say, as I said before the Magistrate, that I believed the cheque to be truthful, or I should not have returned for the balance, as I did.</p>
<hi rend="smallCaps">
<rs id="t18750816-410-verdict-1" type="verdictDescription">
<interp inst="t18750816-410-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18750816-410-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18750816-411">
<interp inst="t18750816-411" type="uri" value="sessionsPapers/18750816"/>
<interp inst="t18750816-411" type="date" value="18750816"/>
<join result="criminalCharge" id="t18750816-411-charge-1" targOrder="Y" targets="def1-411-18750816 t18750816-411-offence-1 t18750816-411-verdict-1"/>
<persName id="def1-411-18750816" type="defendantName">
<interp inst="def1-411-18750816" type="gender" value="male"/>
<interp inst="def1-411-18750816" type="age" value="18"/>
<interp inst="def1-411-18750816" type="surname" value="SMITH"/>
<interp inst="def1-411-18750816" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN SMITH</hi> (18)</persName>
<rs id="t18750816-411-offence-1" type="offenceDescription">
<interp inst="t18750816-411-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18750816-411-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Unlawfully attempting to steal a watch and chain from the person of
<persName id="t18750816-name-55" type="victimName">
<interp inst="t18750816-name-55" type="gender" value="male"/>
<interp inst="t18750816-name-55" type="surname" value="ROUSE"/>
<interp inst="t18750816-name-55" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18750816-411-offence-1 t18750816-name-55"/>Thomas Rouse</persName>.</rs> </p>
<hi rend="smallCaps">MR. THORNE COLE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18750816-name-56" type="witnessName">
<interp inst="t18750816-name-56" type="gender" value="male"/>
<interp inst="t18750816-name-56" type="surname" value="ROUSE"/>
<interp inst="t18750816-name-56" type="given" value="THOMAS"/>THOMAS ROUSE</persName> </hi>. I live at 2, Gould Square, City—on the evening of 12th August, about 5.30, I was in Crutched friars—there was a crowd there, and a drunken woman in custody of the police, who were placing her on a stretcher—I was standing looking on; my coat was unbuttoned—I felt a tug at my chain—I noticed an arm stuck up very close to me and a hand on the chain, and before he had time to take it away I caught it, and said "You are trying to steal my watch"—it was the prisoner's hand—he said "No, it is not me; I have only just come out of the hospital," at the same time producing a small bottle of cod liver oil—he began to cry, and I
<hi rend="italic">was</hi> about to let him go when a gentleman standing by said he saw his hand take hold of my coat—the prisoner then turned round and hit him violently twice, and then I gave him in charge.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> There were no persons shoving—there were very few persons there; not more than twenty—you said your hand caught my chain accidentally, but I caught your hand upon it.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-57" type="witnessName">
<interp inst="t18750816-name-57" type="gender" value="male"/>
<interp inst="t18750816-name-57" type="surname" value="TAYLOR"/>
<interp inst="t18750816-name-57" type="given" value="ROBERT"/>ROBERT TAYLOR</persName> </hi> (
<hi rend="italic">City Policeman</hi> 713). The prosecutor gave the prisoner into my custody—he said he was innocent—in going along he said "If you will pardon me I will own to having my hand on your chain."</p>
<hi rend="italic">Prisoner's Defence.</hi> I would not attempt to steal a gent's watch with a bottle of cod liver oil in my pocket; I have a diseased heart—it was acci
<lb/>dentally done—I beg your pardon a hundred times.</p>
<hi rend="smallCaps">
<rs id="t18750816-411-verdict-1" type="verdictDescription">
<interp inst="t18750816-411-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18750816-411-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>**—
<hi rend="italic">
<rs id="t18750816-411-punishment-2" type="punishmentDescription">
<interp inst="t18750816-411-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18750816-411-punishment-2" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-411-18750816 t18750816-411-punishment-2"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, August</hi> 16
<hi rend="italic">th</hi>, 1875. '</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18750816-412">
<interp inst="t18750816-412" type="uri" value="sessionsPapers/18750816"/>
<interp inst="t18750816-412" type="date" value="18750816"/>
<join result="criminalCharge" id="t18750816-412-charge-1" targOrder="Y" targets="def1-412-18750816 t18750816-412-offence-1 t18750816-412-verdict-1"/>
<persName id="def1-412-18750816" type="defendantName">
<interp inst="def1-412-18750816" type="gender" value="male"/>
<interp inst="def1-412-18750816" type="age" value="41"/>
<interp inst="def1-412-18750816" type="surname" value="HARGREAVES"/>
<interp inst="def1-412-18750816" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN HARGREAVES</hi> (41)</persName>,
<hi rend="smallCaps">
<rs id="t18750816-412-verdict-1" type="verdictDescription">
<interp inst="t18750816-412-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18750816-412-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to
<rs id="t18750816-412-offence-1" type="offenceDescription">
<interp inst="t18750816-412-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18750816-412-offence-1" type="offenceSubcategory" value="coiningOffences"/>unlawfully having counterfeit coin in his possession, with intent to utter it</rs>
<hi rend="italic">
<rs id="t18750816-412-punishment-3" type="punishmentDescription">
<interp inst="t18750816-412-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18750816-412-punishment-3" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-412-18750816 t18750816-412-punishment-3"/>Twelve Months' Imprisonment.</rs> </hi> And</p> </div1>
<div1 type="trialAccount" id="t18750816-413">
<interp inst="t18750816-413" type="uri" value="sessionsPapers/18750816"/>
<interp inst="t18750816-413" type="date" value="18750816"/>
<join result="criminalCharge" id="t18750816-413-charge-1" targOrder="Y" targets="def1-413-18750816 t18750816-413-offence-1 t18750816-413-verdict-1"/>
<persName id="def1-413-18750816" type="defendantName">
<interp inst="def1-413-18750816" type="gender" value="male"/>
<interp inst="def1-413-18750816" type="age" value="31"/>
<interp inst="def1-413-18750816" type="surname" value="HEDGES"/>
<interp inst="def1-413-18750816" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES HEDGES</hi> (31)</persName>, to three indictments for</p>
<xptr type="pageFacsimile" doc="187508160021"/>
<rs id="t18750816-413-offence-1" type="offenceDescription">
<interp inst="t18750816-413-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18750816-413-offence-1" type="offenceSubcategory" value="forgery"/>feloniously forging and uttering receipts for money, with intent to defraud</rs>
<hi rend="italic">
<rs id="t18750816-413-punishment-4" type="punishmentDescription">
<interp inst="t18750816-413-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18750816-413-punishment-4" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-413-18750816 t18750816-413-punishment-4"/>Twelve Months' Imprisonment.</rs> </hi>
<rs id="t18750816-413-verdict-1" type="verdictDescription">
<interp inst="t18750816-413-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18750816-413-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18750816-414">
<interp inst="t18750816-414" type="uri" value="sessionsPapers/18750816"/>
<interp inst="t18750816-414" type="date" value="18750816"/>
<join result="criminalCharge" id="t18750816-414-charge-1" targOrder="Y" targets="def1-414-18750816 t18750816-414-offence-1 t18750816-414-verdict-1"/>
<persName id="def1-414-18750816" type="defendantName">
<interp inst="def1-414-18750816" type="gender" value="male"/>
<interp inst="def1-414-18750816" type="age" value="39"/>
<interp inst="def1-414-18750816" type="surname" value="HANNINGTON"/>
<interp inst="def1-414-18750816" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN HANNINGTON</hi> (39)</persName>
<rs id="t18750816-414-offence-1" type="offenceDescription">
<interp inst="t18750816-414-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18750816-414-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MR. DE MICHELE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18750816-name-61" type="witnessName">
<interp inst="t18750816-name-61" type="gender" value="male"/>
<interp inst="t18750816-name-61" type="surname" value="COLES"/>
<interp inst="t18750816-name-61" type="given" value="THOMAS HENRY"/>THOMAS HENRY COLES</persName> </hi>. I keep the Kemble's Head, Bow Street-Sophia Checkland, my barmaid, is ill and unable to attend to-day—on Saturday, July 17th, between 11.15 and 11.30 p.m., I saw her put a bad shilling on the counter, and the prisoner was standing in front of the bar—I asked him, how many more he had of them—he said "It is my shilling; I want my change"—he had to pay 1 1/2
<hi rend="italic">d</hi>.—I sent the potman for a policeman, and the prisoner rushed out—I ran and caught him, and gave the shilling to the constable—I compared it with five others which I had taken the day before, and two of them were of the same date—the prisoner said at the station that he would pay what there was to pay.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-62" type="witnessName">
<interp inst="t18750816-name-62" type="gender" value="male"/>
<interp inst="t18750816-name-62" type="surname" value="SMITH"/>
<interp inst="t18750816-name-62" type="given" value="JAMES"/>JAMES SMITH</persName> </hi> (
<hi rend="italic">Policeman E</hi> 392). I took the prisoner outside the Kemble's Head—I searched him at the station, and found two bad shillings in his left trousers pocket, 8
<hi rend="italic">s</hi>. in good silver, and 1 1/2
<hi rend="italic">d</hi>. in bronze—I received this shilling from the landlord.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-63" type="witnessName">
<interp inst="t18750816-name-63" type="gender" value="male"/>
<interp inst="t18750816-name-63" type="surname" value="WEBSTER"/>
<interp inst="t18750816-name-63" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. I am Inspector of Coin to the Mint—these three shillings are bad.</p>
<hi rend="smallCaps">
<rs id="t18750816-414-verdict-1" type="verdictDescription">
<interp inst="t18750816-414-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18750816-414-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">He was further charged with a conviction of a like offence in June</hi>, 1873,
<hi rend="italic">to which he</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi>**—
<hi rend="italic">
<rs id="t18750816-414-punishment-5" type="punishmentDescription">
<interp inst="t18750816-414-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18750816-414-punishment-5" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-414-18750816 t18750816-414-punishment-5"/>Seven Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18750816-415">
<interp inst="t18750816-415" type="uri" value="sessionsPapers/18750816"/>
<interp inst="t18750816-415" type="date" value="18750816"/>
<join result="criminalCharge" id="t18750816-415-charge-1" targOrder="Y" targets="def1-415-18750816 t18750816-415-offence-1 t18750816-415-verdict-1"/>
<persName id="def1-415-18750816" type="defendantName">
<interp inst="def1-415-18750816" type="gender" value="female"/>
<interp inst="def1-415-18750816" type="age" value="40"/>
<interp inst="def1-415-18750816" type="surname" value="ROGERS"/>
<interp inst="def1-415-18750816" type="given" value="MARY"/>
<hi rend="largeCaps">MARY ROGERS</hi> (40)</persName>, was indicted
<rs id="t18750816-415-offence-1" type="offenceDescription">
<interp inst="t18750816-415-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18750816-415-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs>
<hi rend="smallCaps">MR. DE. MICHELE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18750816-name-65" type="witnessName">
<interp inst="t18750816-name-65" type="gender" value="male"/>
<interp inst="t18750816-name-65" type="surname" value="NEALE"/>
<interp inst="t18750816-name-65" type="given" value="JAMES GEORGE"/>JAMES GEORGE NEALE</persName> </hi>. I am a greengrocer, of 30, Stephen Street, Tottenham Court Road—on the 17th July, between 3 and 4 p.m., the prisoner ordered 1cwt. of coals and 41bs. of potatoes, which came to 2
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>.) to be sent to 15, Rathbone Place, and she tendered a bad sovereign—I told her it was bad, and asked her if she had any more, she said that she had not, and she would go back to her mistress—I kept the coin and sent a boy after her; I afterwards marked it, and gave it to the prisoner.</p>
<hi rend="italic">Prisoner.</hi> I never had a sovereign that day. either bad or good.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-66" type="witnessName">
<interp inst="t18750816-name-66" type="gender" value="male"/>
<interp inst="t18750816-name-66" type="surname" value="NEALE"/>
<interp inst="t18750816-name-66" type="given" value="EDWARD"/>EDWARD NEALE</persName> </hi>. I am salesman to Mr. Kelsey, a bootmaker, of Totten
<lb/>ham Court Road—on Saturday, the 17th July, between 3.30 and 4 o'clock, the prisoner came in and asked for a pair of boots, about 4
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—I told her I had none at that price, but I had some at 5
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., she tried a pair on and agreed to take them—she gave me an imitation sovereign, which I passed to Mr. Kelsey's son, and then gave it back to her; she said that her husband gave it to her—I noticed the boots she had on, and afterwards identified them on her—her right boot has a piece of leather put on very roughly.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-67" type="witnessName">
<interp inst="t18750816-name-67" type="gender" value="male"/>
<interp inst="t18750816-name-67" type="surname" value="COLEMAN"/>
<interp inst="t18750816-name-67" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY COLEMAN</persName> </hi>. I am clerk to Mr. Lewis, a cheese and butter factor, of 24, Tottenham Court Road, close to No. 15—on Saturday, 17th July, about 3.30 the prisoner came in for 1lb. of butter, and then asked for some eggs, they came to 2
<hi rend="italic">s</hi>.—she tendered a counterfeit sovereign; I did not like the ring of it; I detected it by the edge and threw it on the counter—I asked her several questions, but she did not give me any answer, except that she must take it back to the lady—the shop is three or four minutes' walk from Stephen Street.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-68" type="witnessName">
<interp inst="t18750816-name-68" type="gender" value="male"/>
<interp inst="t18750816-name-68" type="surname" value="PELLATT"/>
<interp inst="t18750816-name-68" type="given" value="THOMAS"/>THOMAS PELLATT</persName> </hi> (
<hi rend="italic">Policeman E</hi> 385). The prisoner was given into my custody, and James Neale gave me this coin (
<hi rend="italic">produced</hi>).</p>
<xptr type="pageFacsimile" doc="187508160022"/>
<hi rend="smallCaps">
<persName id="t18750816-name-69" type="witnessName">
<interp inst="t18750816-name-69" type="gender" value="male"/>
<interp inst="t18750816-name-69" type="surname" value="FOYLE"/>
<interp inst="t18750816-name-69" type="given" value="CHARLES"/>CHARLES FOYLE</persName> </hi>. I serve in Mr. Neal's shop, and he sent me after the prisoner—she went into Rathbone Place, and into a cake shop; she came out and went into a public-house, then came out and looked into a few shops, and then crossed Oxford Street into Soho Square, towards Charles Street, and into the Fish and Bell public-house—I pointed her out to a constable.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-70" type="witnessName">
<interp inst="t18750816-name-70" type="gender" value="male"/>
<interp inst="t18750816-name-70" type="surname" value="WEBSTER"/>
<interp inst="t18750816-name-70" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This a bad sovereign.</p>
<hi rend="italic">Prisoner's Defence.</hi> I never was in Tottenham Court Road that day.</p>
<hi rend="smallCaps">
<rs id="t18750816-415-verdict-1" type="verdictDescription">
<interp inst="t18750816-415-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18750816-415-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">She was further charged with a former conviction of a like offence in March</hi>, 1874,
<hi rend="italic">having then been before convicted of felony, to which she</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi>**—
<hi rend="italic">
<rs id="t18750816-415-punishment-6" type="punishmentDescription">
<interp inst="t18750816-415-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18750816-415-punishment-6" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-415-18750816 t18750816-415-punishment-6"/>Seven Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18750816-416">
<interp inst="t18750816-416" type="uri" value="sessionsPapers/18750816"/>
<interp inst="t18750816-416" type="date" value="18750816"/>
<join result="criminalCharge" id="t18750816-416-charge-1" targOrder="Y" targets="def1-416-18750816 t18750816-416-offence-1 t18750816-416-verdict-1"/>
<persName id="def1-416-18750816" type="defendantName">
<interp inst="def1-416-18750816" type="gender" value="male"/>
<interp inst="def1-416-18750816" type="age" value="44"/>
<interp inst="def1-416-18750816" type="surname" value="HAYDON"/>
<interp inst="def1-416-18750816" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN HAYDON</hi> (44)</persName>, was indicted
<rs id="t18750816-416-offence-1" type="offenceDescription">
<interp inst="t18750816-416-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18750816-416-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<hi rend="smallCaps">MR. DE MICHELE</hi>,
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18750816-name-72" type="witnessName">
<interp inst="t18750816-name-72" type="gender" value="female"/>
<interp inst="t18750816-name-72" type="surname" value="LEE"/>
<interp inst="t18750816-name-72" type="given" value="MATHEW REVELL"/>MATHEW REVELL LEE</persName> </hi>. I serve in the bar at the Crown and Cushion, 63, London Wall—on the 6th July, about 12 o'clock, I served the prisoner with half a pint of porter—he tendered a bad 6
<hi rend="italic">d</hi>., the barmaid pinched it, when he said "Give it to me back "and she put it on the counter—I was just going to take it up, and the prisoner snatched it up and went out of the house—I followed him to the Red Lion, London Wall, where he spoke to another man, who held his hand out, and the prisoner took something out of it and went into the Red Lion—I went in after him and he tendered the same sixpence to Isabella Mellish—I told her to give it to me, as it was counterfeit—he pushed me on one side and said "What do you mean," he took the coin up and shot it off the counter, and I did not see it again—I detained him and he was given in charge—the sixpence tendered to Dunster had a brassy look about it, and two black spots in the middle, and round the head the silver was off; the sixpence he put down on the second occasion was a similar one.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-73" type="witnessName">
<interp inst="t18750816-name-73" type="gender" value="female"/>
<interp inst="t18750816-name-73" type="surname" value="DUNSTER"/>
<interp inst="t18750816-name-73" type="given" value="CHARLOTTE"/>CHARLOTTE DUNSTER</persName> </hi>. I am barmaid at the Crown and Cushion—on the 6th July I served the prisoner with half-pint of porter—he tendered a bad sixpence—I passed it to the young master to look at, and the prisoner picked it up and went out—it had a brassy look—I told the prisoner he had passed one about a fortnight previous, but he made no answer—I have no doubt he is the man who came in a fortnight before.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-74" type="witnessName">
<interp inst="t18750816-name-74" type="gender" value="female"/>
<interp inst="t18750816-name-74" type="surname" value="MELLISH"/>
<interp inst="t18750816-name-74" type="given" value="ISABELLA"/>ISABELLA MELLISH</persName> </hi>. I am barmaid at the Red Lion, on the 6th July, about 12 o'clock, I served the prisoner "with half-pint of half-and-half, he put down a bad 6
<hi rend="italic">d</hi>., Mr. Lee then came in and said "Don't take it it is bad," he said something to the prisoner, who snatched up the coin, which had a brassy look round the edge—he was detained; he had tendered a bad 6
<hi rend="italic">d</hi>. fortnight before, and I told him it was bad, and he took it away.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-75" type="witnessName">
<interp inst="t18750816-name-75" type="gender" value="male"/>
<interp inst="t18750816-name-75" type="surname" value="LAWLEY"/>
<interp inst="t18750816-name-75" type="given" value="FREDERICK"/>FREDERICK LAWLEY</persName> </hi> (
<hi rend="italic">City Detective</hi>). The prisoner was given into my custody at the Red Lion—I found no sixpence upon him, only a halfpenny—I said "Where is the sixpence?"—he said "Two men have picked it up, it was a good one; I had earned it by doing a job"—I asked for his address, he said that he had no fixed residence.</p>
<hi rend="italic">The prisoner in his defence stated that he received the sixpence for holding a gentleman's horse.</hi> </p>
<hi rend="smallCaps">
<rs id="t18750816-416-verdict-1" type="verdictDescription">
<interp inst="t18750816-416-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18750816-416-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">He was further charged with a previous conviction of a like offence in May</hi>, 1872,
<hi rend="italic">to which he</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi>**—
<hi rend="italic">
<rs id="t18750816-416-punishment-7" type="punishmentDescription">
<interp inst="t18750816-416-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18750816-416-punishment-7" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-416-18750816 t18750816-416-punishment-7"/>Five Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18750816-417">
<interp inst="t18750816-417" type="uri" value="sessionsPapers/18750816"/>
<interp inst="t18750816-417" type="date" value="18750816"/>
<join result="criminalCharge" id="t18750816-417-charge-1" targOrder="Y" targets="def1-417-18750816 t18750816-417-offence-1 t18750816-417-verdict-1"/>
<persName id="def1-417-18750816" type="defendantName">
<interp inst="def1-417-18750816" type="gender" value="male"/>
<interp inst="def1-417-18750816" type="age" value="18"/>
<interp inst="def1-417-18750816" type="surname" value="SMITH"/>
<interp inst="def1-417-18750816" type="given" value="RICHARD"/>
<hi rend="largeCaps">RICHARD SMITH</hi> (18)</persName>, was indicted
<rs id="t18750816-417-offence-1" type="offenceDescription">
<interp inst="t18750816-417-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18750816-417-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<hi rend="smallCaps">MR. DE MICHELE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<xptr type="pageFacsimile" doc="187508160023"/>
<hi rend="smallCaps">
<persName id="t18750816-name-77" type="witnessName">
<interp inst="t18750816-name-77" type="gender" value="female"/>
<interp inst="t18750816-name-77" type="surname" value="CLAPP"/>
<interp inst="t18750816-name-77" type="given" value="ANNIE"/>ANNIE CLAPP</persName> </hi>. I am the wife of Henry Clapp of the Grosvenor Arms, Buckingham Palace Road—on 3rd July about 11 p.m. I served the prisoner with a glass of ale—he gave me a shilling which I put into the till and gave him the change—shortly afterwards he came in again and gave me another shilling which I put near the other and gave him the change—he went out and returned in less than five minutes for a penny cigar, he gave me another shilling and I gave him the change, two 3
<hi rend="italic">d</hi>. pieces and the rest in copper—I tried the shilling and found it bent easily—I then took the second shilling from there—I had put it with the farthings, tried it and it bent easily—I gave one of the shillings to my husband who went outside and brought the prisoner in, who said he was not aware it was bad—I gave the other shilling to the constable.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> I did not say that if you gave me is 10
<hi rend="italic">s</hi>? I would let you go.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-78" type="witnessName">
<interp inst="t18750816-name-78" type="gender" value="male"/>
<interp inst="t18750816-name-78" type="surname" value="CLAPP"/>
<interp inst="t18750816-name-78" type="given" value="HENRY"/>HENRY CLAPP</persName> </hi>. I keep the Grosvenor Arms—my wife handed me a shilling, and in consequence of what she said the prisoner was stopped, and I accused him of passing two bad shillings—he said that he was not aware of it—I gave him in charge—I found these three bad shillings (
<hi rend="italic">produced</hi>) in my till.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-79" type="witnessName">
<interp inst="t18750816-name-79" type="gender" value="male"/>
<interp inst="t18750816-name-79" type="surname" value="SIMMS"/>
<interp inst="t18750816-name-79" type="given" value="ALBERT"/>ALBERT SIMMS</persName> </hi> (
<hi rend="italic">Policeman B</hi> 400). I was called and took the prisoner, he said that he went in for two penny
<hi rend="italic">smokes</hi> and did not know he had passed bad money—I found on him nine sixpences, three threepenny pieces, add some bronze—the landlord and his wife each gave me a coin.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-80" type="witnessName">
<interp inst="t18750816-name-80" type="gender" value="male"/>
<interp inst="t18750816-name-80" type="surname" value="WEBSTER"/>
<interp inst="t18750816-name-80" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These coins are bad and from the same mould, and one of the two found in the till is from the same mould.</p>
<hi rend="italic">Prisoner's Defence.</hi> If I had known that it was bad money I should have given the lady the 1
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>. not to be taken.</p>
<hi rend="smallCaps">
<rs id="t18750816-417-verdict-1" type="verdictDescription">
<interp inst="t18750816-417-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18750816-417-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18750816-417-punishment-8" type="punishmentDescription">
<interp inst="t18750816-417-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18750816-417-punishment-8" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-417-18750816 t18750816-417-punishment-8"/>Fifteen Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18750816-418">
<interp inst="t18750816-418" type="uri" value="sessionsPapers/18750816"/>
<interp inst="t18750816-418" type="date" value="18750816"/>
<join result="criminalCharge" id="t18750816-418-charge-1" targOrder="Y" targets="def1-418-18750816 t18750816-418-offence-1 t18750816-418-verdict-1"/>
<persName id="def1-418-18750816" type="defendantName">
<interp inst="def1-418-18750816" type="gender" value="male"/>
<interp inst="def1-418-18750816" type="age" value="23"/>
<interp inst="def1-418-18750816" type="surname" value="FOSTER"/>
<interp inst="def1-418-18750816" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES FOSTER</hi> (23)</persName>, was indicted
<rs id="t18750816-418-offence-1" type="offenceDescription">
<interp inst="t18750816-418-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18750816-418-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<hi rend="smallCaps">MR. DE MICHELE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18750816-name-82" type="witnessName">
<interp inst="t18750816-name-82" type="gender" value="male"/>
<interp inst="t18750816-name-82" type="surname" value="FISHER"/>
<interp inst="t18750816-name-82" type="given" value="JOHN"/>JOHN FISHER</persName> </hi>. I am landlord of the Swan Tavern, Fulham—on 14th July about 2 p.m. I served the prisoner with a glass of stout which came to 1 1/2
<hi rend="italic">d</hi>.—he gave me a bad florin—I asked him if he was aware what he had given me—he said "Yes, a two shilling piece"—I said "It is coun
<lb/>terfeit, can you give information where you obtained it"—he said "At the Cricketers public-house, Hammersmith"—I said "I shall have to detain you"—he ran away and I called to a customer to stop him—he then put down a half-crown for me to take the 1 1/2
<hi rend="italic">d</hi>.—I gave the florin to the in
<hi rend="smallCaps">
<persName id="t18750816-name-83" type="witnessName">
<interp inst="t18750816-name-83" type="gender" value="male"/>
<interp inst="t18750816-name-83" type="surname" value="GOLDFINCH"/>
<interp inst="t18750816-name-83" type="given" value="CHARLES"/>CHARLES GOLDFINCH</persName> </hi>. I am booking clerk at West Brompton station—on 17th June about 9.55 at night the prisoner asked for two tickets for South Kensington which came to 8
<hi rend="italic">d</hi>.—he gave me a bad florin—I gave him the change and then tried it—I spoke to Wadsworth who brought the prisoner back, and I asked him whether he was aware what he gave me—he said "A two shilling piece"—I said "It is a bad one"—he pulled out a lot of silver and said "Try this one and see if that is good"—. that was good—he took up the broken pieces and put them in his pocket.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> I said at first that it was on the 11th, and afterwards on the 17th—a short man was with you with a bag in his hand.</p>
<hi rend="italic">Re-examined.</hi> I fixed the date as the 17th, by an accident which hap
<lb/>pened at Victoria Station on Saturday night the 20th.</p>
<xptr type="pageFacsimile" doc="187508160024"/>
<hi rend="smallCaps">
<persName id="t18750816-name-84" type="witnessName">
<interp inst="t18750816-name-84" type="gender" value="male"/>
<interp inst="t18750816-name-84" type="surname" value="WADSWORTH"/>
<interp inst="t18750816-name-84" type="given" value="ARTHUR"/>ARTHUR WADSWORTH</persName> </hi>. I live at 83, Tachbrook Street, Pimlico, and am a lamp man on the District line—on 17th June the prisoner was at that station—I know the date by a man being knocked down on the platform on the 20th—Goldfinch spoke to me and I brought the prisoner back to the ticket office—Goldfinch asked him if he was aware what he had given—he said "A two shilling piece"—the clerk broke it up and gave it back to him—he put the pieces in his pocket and paid with a bad florin—I followed him to the platform and saw him in a third class carriage—I asked him if he had got any more of the same kind, he said that he had not—I asked him what he ad done with the pieces; he said that he had thrown them out of the carriage window—I asked him where he got it—he said "At the races"—he went on by the train.</p>
<hi rend="italic">Cross-examined.</hi> I remember your face perfectly well by seeing you at the booking office—you had a little whiskers.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-85" type="witnessName">
<interp inst="t18750816-name-85" type="gender" value="male"/>
<interp inst="t18750816-name-85" type="surname" value="HOUGHTON"/>
<interp inst="t18750816-name-85" type="given" value="WILLIAM"/>WILLIAM HOUGHTON</persName> </hi>. I am barman at the Richmond Arms, West Brompton, opposite the station—on 17tb June I served the prisoner with 2
<hi rend="italic">d</hi>. worth of spruce; he put a florin into my hand—I bit it and found it was bad—I showed it to my employer and then gave it back to the prisoner, who gave me a good half-crown, and I gave him the change.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-86" type="witnessName">
<interp inst="t18750816-name-86" type="gender" value="male"/>
<interp inst="t18750816-name-86" type="surname" value="WESTON"/>
<interp inst="t18750816-name-86" type="given" value="ROBERT"/>ROBERT WESTON</persName> </hi>. I am a smith, of 20, Bayham Street, Camden Town—on 1st June I was at the Regalia public-house, Augustus Street, Regent's Park, when the prisoner came in and, asked for 2
<hi rend="italic">d</hi>. worth of shrub—the barman served him, he tendered a florin and the barmam gave him 1
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>. change and put the coin in his mouth and it bent—the prisoner was then going out at the door—I followed him through Cumberland Market to Marylebone church where I met a constable who took him and brought him back.</p>
<hi rend="italic">Cross-examined.</hi> I am sure the barman did not put it into the till, because he had had three previously in the same week—I gave evidence against you at Marylebone.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-87" type="witnessName">
<interp inst="t18750816-name-87" type="gender" value="male"/>
<interp inst="t18750816-name-87" type="surname" value="LOGAN"/>
<interp inst="t18750816-name-87" type="given" value="JAMES"/>JAMES LOGAN</persName> </hi> (
<hi rend="italic">Policeman G</hi> 63). On 1st June in consequence of what Weston told me I took the prisoner—took him to Albany Street station and fetched the barman who charged him and gave me this bad florin (
<hi rend="italic">produced</hi>)—Richards has now left the Regalia public-house and I cannot find him—I found on the prisoner about 4
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. in silver and 5
<hi rend="italic">d</hi>. in bronze all good.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-88" type="witnessName">
<interp inst="t18750816-name-88" type="gender" value="male"/>
<interp inst="t18750816-name-88" type="surname" value="KNIGHT"/>
<interp inst="t18750816-name-88" type="given" value="THOMAS"/>THOMAS KNIGHT</persName> </hi> (
<hi rend="italic">Policeman I</hi> 430). On 14th July I saw the prisoner at Walham Green running from Mr. Fisher's house—I took him, and Mr. Fisher charged him with uttering a bad sixpence—I found 1 1/2
<hi rend="italic">d</hi>. on him on him—I saw a florin given to the inspector at the station who gave it to me—this is it (
<hi rend="italic">produced</hi>).</p>
<hi rend="smallCaps">
<persName id="t18750816-name-89" type="witnessName">
<interp inst="t18750816-name-89" type="gender" value="male"/>
<interp inst="t18750816-name-89" type="surname" value="WEBSTER"/>
<interp inst="t18750816-name-89" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These two coins are bad.</p>
<hi rend="italic">Prisoner's Defence.</hi> There were several other florins in the till on the first occasion, and on the second the man who gave me the florin was outside and I saw him turning the corner; if the policeman had let me run I could have caught him.</p>
<hi rend="smallCaps">
<rs id="t18750816-418-verdict-1" type="verdictDescription">
<interp inst="t18750816-418-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18750816-418-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>**—
<hi rend="italic">
<rs id="t18750816-418-punishment-9" type="punishmentDescription">
<interp inst="t18750816-418-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18750816-418-punishment-9" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-418-18750816 t18750816-418-punishment-9"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18750816-419">
<interp inst="t18750816-419" type="uri" value="sessionsPapers/18750816"/>
<interp inst="t18750816-419" type="date" value="18750816"/>
<join result="criminalCharge" id="t18750816-419-charge-1" targOrder="Y" targets="def1-419-18750816 t18750816-419-offence-1 t18750816-419-verdict-1"/>
<persName id="def1-419-18750816" type="defendantName">
<interp inst="def1-419-18750816" type="gender" value="male"/>
<interp inst="def1-419-18750816" type="age" value="17"/>
<interp inst="def1-419-18750816" type="surname" value="FINLAYSON"/>
<interp inst="def1-419-18750816" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN FINLAYSON</hi> (17)</persName>
<rs id="t18750816-419-offence-1" type="offenceDescription">
<interp inst="t18750816-419-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18750816-419-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing one purse, six postage labels, and a railway ticket, of
<persName id="t18750816-name-91" type="victimName">
<interp inst="t18750816-name-91" type="gender" value="male"/>
<interp inst="t18750816-name-91" type="surname" value="LEAWORTHY"/>
<interp inst="t18750816-name-91" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18750816-419-offence-1 t18750816-name-91"/>George Leaworthy</persName>, from the person of
<persName id="t18750816-name-92" type="victimName">
<interp inst="t18750816-name-92" type="gender" value="female"/>
<interp inst="t18750816-name-92" type="surname" value="LEAWORTHY"/>
<interp inst="t18750816-name-92" type="given" value="ANN"/>
<join result="offenceVictim" targOrder="Y" targets="t18750816-419-offence-1 t18750816-name-92"/>Ann Leaworthy</persName>.</rs> </p>
<hi rend="smallCaps">MR. MONTAGU WILLIAMS</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<xptr type="pageFacsimile" doc="187508160025"/>
<hi rend="smallCaps">
<persName id="t18750816-name-93" type="witnessName">
<interp inst="t18750816-name-93" type="gender" value="female"/>
<interp inst="t18750816-name-93" type="surname" value="LEAWORTHY"/>
<interp inst="t18750816-name-93" type="given" value="ANN"/>ANN LEAWORTHY</persName> </hi>. I am the wife of George Leawort by, of 13, Finchley Road—on the evening of 28th July I was at Aldersgate station getting into the train, when the prisoner pushed against me; finding he did not get into the carriage I felt for my purse and missed it—I walked after him and poke to the ticket collector who asked him if he had got my. parse—he said that he had not—nobody but him was by me.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-94" type="witnessName">
<interp inst="t18750816-name-94" type="gender" value="male"/>
<interp inst="t18750816-name-94" type="surname" value="HAWKS"/>
<interp inst="t18750816-name-94" type="given" value="SAMUEL"/>SAMUEL HAWKS</persName> </hi>. I am ticket examiner at Aldersgate station—on 28th July about 6.45 the prosecutrix spoke to me and I caught hold of the prisoner and said "Have you got this lady's purse?"—he said "I have not"—he began to cry and said "Take me and search me"—I was taking him to the inspector's room when he made a noise with his mouth and the purse fell at his feet—I picked it up and said "Here is the purse"—he said "I picked it up on the platform; for God's sake don't lock me up for my mother is lying dead on her bed with the rheumatics"—he was given in custody.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-95" type="witnessName">
<interp inst="t18750816-name-95" type="gender" value="male"/>
<interp inst="t18750816-name-95" type="surname" value="WISBEE"/>
<interp inst="t18750816-name-95" type="given" value="WILLIAM"/>WILLIAM WISBEE</persName> </hi> (
<hi rend="italic">City Policeman</hi> 66). The prisoner was given into my charge—he refused his address—I received this purse from Hawks.</p>
<hi rend="italic">Prisoner's Defence.</hi> I was waiting for a Blackfriars train, and finding that it was not a Blackfriars train I did not get in. I saw the lady with the guard, and she caught hold of me and said that I had her purse; he took me to the refreshment room; he had the purse in his hand before I got near the stairs.</p>
<hi rend="smallCaps">
<rs id="t18750816-419-verdict-1" type="verdictDescription">
<interp inst="t18750816-419-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18750816-419-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>**—
<hi rend="italic">
<rs id="t18750816-419-punishment-10" type="punishmentDescription">
<interp inst="t18750816-419-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18750816-419-punishment-10" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-419-18750816 t18750816-419-punishment-10"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday,—August</hi> 7
<hi rend="italic">th</hi>, 1875.</p>
<hi rend="italic">Before
<hi rend="smallCaps">MR. COMMON</hi> Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18750816-420">
<interp inst="t18750816-420" type="uri" value="sessionsPapers/18750816"/>
<interp inst="t18750816-420" type="date" value="18750816"/>
<join result="criminalCharge" id="t18750816-420-charge-1" targOrder="Y" targets="def1-420-18750816 t18750816-420-offence-1 t18750816-420-verdict-1"/>
<persName id="def1-420-18750816" type="defendantName">
<interp inst="def1-420-18750816" type="gender" value="male"/>
<interp inst="def1-420-18750816" type="age" value="38"/>
<interp inst="def1-420-18750816" type="surname" value="MUNROE"/>
<interp inst="def1-420-18750816" type="given" value="ANDREW"/>
<hi rend="largeCaps">ANDREW MUNROE</hi> (38)</persName>,
<hi rend="smallCaps">
<rs id="t18750816-420-verdict-1" type="verdictDescription">
<interp inst="t18750816-420-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18750816-420-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to
<rs id="t18750816-420-offence-1" type="offenceDescription">
<interp inst="t18750816-420-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18750816-420-offence-1" type="offenceSubcategory" value="forgery"/>four indictments for feloniously forging and uttering two bills for the payment of 1,500
<hi rend="italic">l</hi>., and two acceptances for the payment of 500
<hi rend="italic">l</hi>., with intent to defraud</rs>
<rs id="t18750816-420-punishment-11" type="punishmentDescription">
<interp inst="t18750816-420-punishment-11" type="punishmentCategory" value="noPunish"/>
<interp inst="t18750816-420-punishment-11" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-420-18750816 t18750816-420-punishment-11"/>
<hi rend="italic">Judgment respited.</hi> </rs> And</p> </div1>
<div1 type="trialAccount" id="t18750816-421">
<interp inst="t18750816-421" type="uri" value="sessionsPapers/18750816"/>
<interp inst="t18750816-421" type="date" value="18750816"/>
<join result="criminalCharge" id="t18750816-421-charge-1" targOrder="Y" targets="def1-421-18750816 t18750816-421-offence-1 t18750816-421-verdict-1"/>
<persName id="def1-421-18750816" type="defendantName">
<interp inst="def1-421-18750816" type="gender" value="male"/>
<interp inst="def1-421-18750816" type="age" value="17"/>
<interp inst="def1-421-18750816" type="surname" value="JACKSON"/>
<interp inst="def1-421-18750816" type="given" value="ARTHUR RICHARD"/>
<hi rend="largeCaps">ARTHUR RICHARD JACKSON</hi> (17)</persName>
<rs id="t18750816-421-offence-1" type="offenceDescription">
<interp inst="t18750816-421-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18750816-421-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, to breaking and entering the warehouse of
<persName id="t18750816-name-98" type="victimName">
<interp inst="t18750816-name-98" type="gender" value="male"/>
<interp inst="t18750816-name-98" type="surname" value="LAYTON"/>
<interp inst="t18750816-name-98" type="given" value="CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t18750816-421-offence-1 t18750816-name-98"/>Charles Layton</persName> and stealing a letter-case and other articles, his property—</rs>
<hi rend="italic">
<rs id="t18750816-421-punishment-12" type="punishmentDescription">
<interp inst="t18750816-421-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18750816-421-punishment-12" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-421-18750816 t18750816-421-punishment-12"/>Four Months' Imprisonment.</rs> </hi>
<rs id="t18750816-421-verdict-1" type="verdictDescription">
<interp inst="t18750816-421-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18750816-421-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18750816-422">
<interp inst="t18750816-422" type="uri" value="sessionsPapers/18750816"/>
<interp inst="t18750816-422" type="date" value="18750816"/>
<join result="criminalCharge" id="t18750816-422-charge-1" targOrder="Y" targets="def1-422-18750816 t18750816-422-offence-1 t18750816-422-verdict-1"/>
<persName id="def1-422-18750816" type="defendantName">
<interp inst="def1-422-18750816" type="gender" value="male"/>
<interp inst="def1-422-18750816" type="age" value="21"/>
<interp inst="def1-422-18750816" type="surname" value="HOBBS"/>
<interp inst="def1-422-18750816" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY HOBBS</hi> (21)</persName>
<rs id="t18750816-422-offence-1" type="offenceDescription">
<interp inst="t18750816-422-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18750816-422-offence-1" type="offenceSubcategory" value="forgery"/>, Feloniously forging and uttering an order for 30
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., with intent to defraud.</rs> </p>
<hi rend="smallCaps">MESSRS. POLAND</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">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="smallCaps">
<persName id="t18750816-name-100" type="witnessName">
<interp inst="t18750816-name-100" type="gender" value="male"/>
<interp inst="t18750816-name-100" type="surname" value="TURNER"/>
<interp inst="t18750816-name-100" type="given" value="CHARLES"/>CHARLES TURNER</persName> </hi>. I am one of the cashiers at Coutts'—Mrs. Williams, of Queen's Gardens, Hyde Park, kept an account there, and the form of the cheque was delivered to her with others—on 2nd July, at a little before 10 o'clock, the prisoner presented this cheque filled up as it is now—I examined it, doubted the signature, and handed it to another gentleman, asking him to examine whose book it was from—after the prisoner had been waiting three or four minutes I returned to my seat, and the prisoner said "Shall I have to wait long?" I said "Not longer than is necessary"—he said "If I am likely to be detained long, I have to go a little further and will call back"—I said "There is no occasion for that"—I saw him making towards the door and followed him as quickly as possible—when he got to the inner door he was walking, but when he got between the two doors he ran, and I followed him into the Strand and looked each way, but could see nothing of him—I had asked him who he brought the cheque from; he said "From Mr. Clark, of Oxford Street"—it is drawn to Clark & Robinson for 30
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., and</p>
<xptr type="pageFacsimile" doc="187508160026"/>
<p>signed "M. C. Williams"—he was seven or eight minutes in the bank before he went to the door—I saw him next in the dock at Marylebone police-court I am sure he is the person.</p>
<hi rend="italic">Cross-examined.</hi> I have cashed many thousand cheques in my time—ordinarily speaking I don't notice the features of every person who presents a heque, and should not be able to speak to them afterwards—the prisoner was a stranger to me.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-101" type="witnessName">
<interp inst="t18750816-name-101" type="gender" value="male"/>
<interp inst="t18750816-name-101" type="surname" value="MORRIS"/>
<interp inst="t18750816-name-101" type="given" value="CHARLES FREDERICK"/>CHARLES FREDERICK MORRIS</persName> </hi>. I am a clerk at Coutts' Bank—on 2nd July I saw the prisoner present this cheque to Mr. Turner, and saw him leave the bank—I did not go out after him—I afterwards went to Newgate and pointed him out from about ten other prisoners in the yard—I have not the slightest doubt of him.</p>
<hi rend="italic">Cross-examined.</hi> I was not called before the Magistrate—I went to the prison by Mr. Mullens' wish—I believe he is the solicitor to the Bankers' Association—I was told what I was going for; I went alone—cheques are not often presented early in the morning at our bank.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-102" type="witnessName">
<interp inst="t18750816-name-102" type="gender" value="male"/>
<interp inst="t18750816-name-102" type="surname" value="YOUNG"/>
<interp inst="t18750816-name-102" type="given" value="ALFRED WILLIAM"/>ALFRED WILLIAM YOUNG</persName> </hi>. I am a clerk at Coutts'—I saw the person who presented the cheque on 2nd July; it was the prisoner—I went by Mr. Mullens' desire to Newgate, about a week ago, saw about a dozen persons there, and picked the prisoner out of them.</p>
<hi rend="italic">Cross-examined.</hi> I had never seen him before 2nd July; I have not been been before the Magistrate.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-103" type="witnessName">
<interp inst="t18750816-name-103" type="gender" value="female"/>
<interp inst="t18750816-name-103" type="surname" value="WILLIAMS"/>
<interp inst="t18750816-name-103" type="given" value="CLARA MARGARET"/>CLARA MARGARET WILLIAMS</persName> </hi>. I live at 2, Prince's Gardens, Hyde Park, and keep an account at Messrs. Coutts'—I have a cheque-book which begins in October, 1874; that was the one I had in use when this matter occurred—I usually keep it in a Davenport, in my dining-room, which is locked, and the key is kept in another room in an unlocked drawer—the prisoner was in my daughter's service as groom; she lives with me—he left her service last year—my attention was called to my cheque-book early in July, and I found that a cheque had been taken out at the end, leaving the counterfoil blank—this cheque is D 23, 07,723—Hannah Walker was in my service for two years up to the time of this matter occurring—this cheque is not signed or filled up by me, or by my authority—I know nothing about Clark & Robinson.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-104" type="witnessName">
<interp inst="t18750816-name-104" type="gender" value="female"/>
<interp inst="t18750816-name-104" type="surname" value="WILLIAMS"/>
<interp inst="t18750816-name-104" type="given" value="ANNIE PASSMORE"/>ANNIE PASSMORE WILLIAMS</persName> </hi>. I live with my mother—the prisoner was my groom for three months—he was recommended by my brother-in-law, Mr. Tudor—he left my service in August last year, and after he left I spoke to him in the following January, and told him not to come to the house—I found him there in April, and required him to leave at once—he was in the habit of driving me and my mother out, and he has driven us to Coutts' Bank—I have seen him put paid to different things, and know this cheque to be in his writing—I know his figures; he made figures more often than writing—this paper (
<hi rend="italic">produced</hi>) is in his writing.</p>
<hi rend="italic">Cross-examined.</hi> He was three months in my service and I found him honest, sober, steady, obliging, and a careful driver; my only reason for parting with him was my leaving town—I identify the whole of the cheque, but I go more by the figures than the writing—this "June 29" I should say is the same as I have had put to my accounts—I have seen him write.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-105" type="witnessName">
<interp inst="t18750816-name-105" type="gender" value="indeterminate"/>
<interp inst="t18750816-name-105" type="surname" value="HAYES"/>
<interp inst="t18750816-name-105" type="given" value="CAPTAIN"/>CAPTAIN HAYES</persName> </hi>. I know the prisoner and know his writing—I should say that the whole of this cheque is in his writing—I have never seen him write, but I have seen his writing—he has written letters to me and I have seen his bills.</p>
<xptr type="pageFacsimile" doc="187508160027"/>
<hi rend="italic">Cross-examined.</hi> I saw his writing at the end of every month or every week—he used to bring me an account—he has sent me letters.</p>
<hi rend="italic">Re-examined.</hi> He brought me my stable accounts, and he has written to me when I have been away, relating to my stable management.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-106" type="witnessName">
<interp inst="t18750816-name-106" type="gender" value="male"/>
<interp inst="t18750816-name-106" type="surname" value="SMITH"/>
<interp inst="t18750816-name-106" type="given" value="WILLIAM"/>WILLIAM SMITH</persName> </hi> (
<hi rend="italic">Detective Officer X</hi>). On 8th July, at 7.30 p.m., I saw the prisoner with Hannah Walker, in Kennington Road—I told him I was a police officer and should take him in custody for stealing a cheque from 2, Prince's Gardens, some time in June—he said "It was not me that stole the cheque"—I said "The cheque has been presented at Messrs. Coutts', in the Strand, and they have identified your photograph as the man present
<lb/>ing it"—he said "It was not me and I can prove where I was"—I had not said on what day he presented the cheque—I took him to Paddington Station, searched him and found the paper which has been produced on him—I asked him what it was—he said "It is only-some addresses I wrote about a situation.</p>
<rs id="t18750816-422-verdict-1" type="verdictDescription">
<interp inst="t18750816-422-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18750816-422-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of uttering</hi> </rs>
<hi rend="italic">
<rs id="t18750816-422-punishment-13" type="punishmentDescription">
<interp inst="t18750816-422-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18750816-422-punishment-13" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-422-18750816 t18750816-422-punishment-13"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18750816-423">
<interp inst="t18750816-423" type="uri" value="sessionsPapers/18750816"/>
<interp inst="t18750816-423" type="date" value="18750816"/>
<join result="criminalCharge" id="t18750816-423-charge-1" targOrder="Y" targets="def1-423-18750816 t18750816-423-offence-1 t18750816-423-verdict-1"/>
<persName id="def1-423-18750816" type="defendantName">
<interp inst="def1-423-18750816" type="gender" value="male"/>
<interp inst="def1-423-18750816" type="age" value="19"/>
<interp inst="def1-423-18750816" type="surname" value="JAMES"/>
<interp inst="def1-423-18750816" type="given" value="ALEXANDER JOHN"/>
<hi rend="largeCaps">ALEXANDER JOHN JAMES</hi> (19)</persName>
<rs id="t18750816-423-offence-1" type="offenceDescription">
<interp inst="t18750816-423-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18750816-423-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously cutting and wound
<persName id="t18750816-name-108" type="victimName">
<interp inst="t18750816-name-108" type="gender" value="male"/>
<interp inst="t18750816-name-108" type="surname" value="HAYLOCK"/>
<interp inst="t18750816-name-108" type="given" value="ROBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t18750816-423-offence-1 t18750816-name-108"/>Robert Haylock</persName>, with intent to do him some grievous bodily harm.</rs> </p>
<hi rend="smallCaps">MR. MILLWOOD</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">M. WILLIAMS</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18750816-name-109" type="witnessName">
<interp inst="t18750816-name-109" type="gender" value="male"/>
<interp inst="t18750816-name-109" type="surname" value="HAYLOCK"/>
<interp inst="t18750816-name-109" type="given" value="ROBERT"/>ROBERT HAYLOCK</persName> </hi>. I am a greengrocer, of 4, Chapter Street, West
<lb/>minster, and am in the employ of Mr. Haynes, of Vauxhall Bridge Road—he is a relation of mine—on 5th July, about 11 o'clock, I was at work at the back of the shop, my sister called me, and on going to the front I saw the prisoner outside—he said
<hi rend="italic">to my</hi> sister "Fetch your man out and I will do for you"—I went out to advise him to go away, and he struck at me with his fist—I closed with him to get away, and in the struggle we fell, the prisoner underneath, and before I could recover myself to get up ha struck me on the head with a knife—I got up not knowing I had been stabbed—he closed with me again and stabbed me in my side with a knife—I saw the knife the second time—I lost all consciousness—I did not strike him or challenge him to fight.</p>
<hi rend="italic">Cross-examined.</hi> It was. all done without my giving the smallest provo
<lb/>cation whatever—I never attempted to touch him or held out my hand to him or threatened him in any way—he is in my brother's employ—my wife was not there, Mrs. Haines is my sister; she did not say to me "Come and
<hi rend="italic">give</hi> this fellow a twisting in the road"—she is not here—the prisoner challenged me to come out and he would do for me—I never put myself in a fighting attitude—there was no provocation.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-110" type="witnessName">
<interp inst="t18750816-name-110" type="gender" value="male"/>
<interp inst="t18750816-name-110" type="surname" value="SAUNDERS"/>
<interp inst="t18750816-name-110" type="given" value="EDWARD"/>EDWARD SAUNDERS</persName> </hi>. I am also in Mr. Haynes' employ—I know the prisoner—he had been in Mr. Haynes' employ—on this day he came across from the public-house and was blackguarding the mistress—he said "Bring out your fancy man and I will fight him"—that was Robert Haylook, I believe—he said "I will do for him"—of course he got down off the board and held up his hand, and they struggled and fell, and the prisoner pulled a knife out—of his pocket and gave him one stick on the side of the head with the knife and returned it to his pocket—they then had another struggle and he drew it again, and stabbed the prosecutor in the side; I rushed from the shop and pinned him by the arms—I struggled with him ten minutes till we got to the pawnbroker's, where I knocked the knife out of his hand, picked it up and put it in my pocket—there was blood on it.</p>
<hi rend="italic">Cross-examined.</hi> Before they were on the ground I did not see the prose
<lb/>secutor's hand go out—I have said "Haylock held up his hand against the</p>
<xptr type="pageFacsimile" doc="187508160028"/>
<p>prisoner and the prisoner fell down," that is the fact, that was the first starting of it—the prisoner was not knocked down, he fell of his own accord.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-111" type="witnessName">
<interp inst="t18750816-name-111" type="gender" value="male"/>
<interp inst="t18750816-name-111" type="surname" value="CASTLES"/>
<interp inst="t18750816-name-111" type="given" value="THOMAS"/>THOMAS CASTLES</persName> </hi>, M.D. I live at 2, Upper Tatchbrook Street, Pimlico—on 5th July I was called to Haylock and found an incised wound on his head and another on his left side—he was weak and faint and almost in a state of coma from loss of blood—this knife would produce the wounds—the wound on his head was very serious—I attended him ten days, he is well now.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-112" type="witnessName">
<interp inst="t18750816-name-112" type="gender" value="male"/>
<interp inst="t18750816-name-112" type="surname" value="BARBELL"/>
<interp inst="t18750816-name-112" type="given" value="WALTER"/>WALTER BARBELL</persName> </hi> (
<hi rend="italic">Detective Officer B</hi>). I was on duty and saw the prisoner and Saunders struggling—I saw a knife fall and asked Saunders in the prisoner's presence whether he had stabbed any one with it—he said that he had stabbed Haylock who was in the shop—I went to the shop and saw the sister and went back and took the prisoner and sent for a doctor—I afterwards went with the prosecutor to the station and he charged the prisoner—while in the dock he said "I am a b----y good hand at the knife and I will do it again."</p>
<hi rend="italic">Cross-examined.</hi> I have said that before—the prisoner might have been drinking and I believe he had, but he was not drunk, he was very, excited—it was nearly an hour and a half before he was charged.</p>
<rs id="t18750816-423-verdict-1" type="verdictDescription">
<interp inst="t18750816-423-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18750816-423-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of unlawfully wounding</hi> </rs>
<hi rend="italic">
<rs id="t18750816-423-punishment-14" type="punishmentDescription">
<interp inst="t18750816-423-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18750816-423-punishment-14" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-423-18750816 t18750816-423-punishment-14"/>Eighteen Months' Imprisonment.</rs> </hi> </p> </div1>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Tuesday, August</hi> 17
<hi rend="italic">th.</hi> </p>
<hi rend="italic">Before Robert Malcolm Kerr, Esq.</hi> </p>
<div1 type="trialAccount" id="t18750816-424">
<interp inst="t18750816-424" type="uri" value="sessionsPapers/18750816"/>
<interp inst="t18750816-424" type="date" value="18750816"/>
<join result="criminalCharge" id="t18750816-424-charge-1" targOrder="Y" targets="def1-424-18750816 t18750816-424-offence-1 t18750816-424-verdict-1"/>
<join result="criminalCharge" id="t18750816-424-charge-2" targOrder="Y" targets="def1-424-18750816 t18750816-424-offence-2 t18750816-424-verdict-2"/>
<persName id="def1-424-18750816" type="defendantName">
<interp inst="def1-424-18750816" type="gender" value="male"/>
<interp inst="def1-424-18750816" type="age" value="37"/>
<interp inst="def1-424-18750816" type="surname" value="CAMPBELL"/>
<interp inst="def1-424-18750816" type="given" value="RODERICK"/>
<hi rend="largeCaps">RODERICK CAMPBELL</hi> (37)</persName>
<rs id="t18750816-424-offence-1" type="offenceDescription">
<interp inst="t18750816-424-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18750816-424-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, Stealing 2
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. of
<persName id="t18750816-name-114" type="victimName">
<interp inst="t18750816-name-114" type="gender" value="male"/>
<interp inst="t18750816-name-114" type="surname" value="COOPER"/>
<interp inst="t18750816-name-114" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18750816-424-offence-1 t18750816-name-114"/>George Cooper</persName>, his master.</rs> </p>
<hi rend="smallCaps">MR. WILLOUGHBY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18750816-name-115" type="witnessName">
<interp inst="t18750816-name-115" type="gender" value="male"/>
<interp inst="t18750816-name-115" type="surname" value="COOPER"/>
<interp inst="t18750816-name-115" type="given" value="GEORGE"/>GEORGE COOPER</persName> </hi>. I am proprietor of the Leicester Restaurant, in Princes Street—the prisoner was employed there in July last year as manager—on 20th July I gave him 8
<hi rend="italic">l</hi>. or 10
<hi rend="italic">l</hi>. and told him to go to a place in the Hay market to apply to have a grave opened for the reception of my brother who had died, and he was to send a telegram apprising another brother in America of his death—he went and took a hansom cab to call on several persons and pay little things—when he came back I asked him and he said he had sent the telegram—four or five days afterwards, in consequence of information, I said "It seems strange that my brother has not written or telegraphed on account of the telegram which you said you had sent"—he had the money to go to Regent Circus to send it—he said that he did not send it from, Regent Circus, but he had some business in Chancery Lane and had sent it from the office in Fleet Street—about a fortnight afterwards I went with him to Fleet Street, and he asked the young ladies in the office if there had been a telegram sent from Cooper—they referred to the books and said no such telegram was sent from the office; upon which the prisoner said he supposed it was neglect on their part.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> I will swear I gave you on the 20th of July 8
<hi rend="italic">l</hi>. or 10
<hi rend="italic">l</hi>. to send a telegram to America—it was four words "Brother "William died yesterday"—I will swear that I gave you the sum of 8
<hi rend="italic">l</hi>. or 10
<hi rend="italic">l</hi>.—I have nothing to show the amount—I don't distinctly remember the—amount—I don't think you handed me the funeral receipts from the Brompton Cemetery Company the same day—I have not got my books and receipts here—the Cemetery Company's charges were 3
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>.—I don't re
<xptr type="pageFacsimile" doc="187508160029"/>
<p>that you handed me the receipt for that—the boy Dyer was there when I handed you the money for the telegram, I was going to send him, but you said you were going that way and would send it, it was no use in trusting it to a boy—I had been drinking hard all day because I was very much distressed—I don't know whether I was taken up to bed drunk between 6 and 7 o'clock, I was very much distressed and Mr. Newton saw me upstairs—I was not taken to bed that evening by three people—I did not threaten to cut my throat—I don't know anything about that; I saw you about 11 o'clock or 11.30 on the Saturday morning in the restaurant—I think you were to send another telegram to Bridgeworth, but not to a friend of mine at Guildford—Mr. Lovett, a friend of mine lives there—I was very well in the morning, as well as I am now—I know you sent one of the boys to Regent's Circus to get a form; when we did not receive a reply to the telegram you suggested getting the post-office to repeat it—I sent a telegram to my brother afterwards, but you had nothing to do with that—you wrote out a second telegram but it was never sent—I have no books to show what you re
<lb/>ceived as salary; you did not have any limit, I gave you money when you wanted it—I asked you several times what salary I should pay you, you said "Wait until we settle the affairs of your brother William," then of course you took advantage of it in my distress—after my brother's death you entered into a joint bond with me as my brother's administrator—I don't know that this is a straightforward account, you have made it very satis
<lb/>factory to yourself.</p>
<hi rend="smallCaps">
<rs id="t18750816-424-verdict-1" type="verdictDescription">
<interp inst="t18750816-424-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18750816-424-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<hi rend="italic">
<rs id="t18750816-424-offence-2" type="offenceDescription">
<interp inst="t18750816-424-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t18750816-424-offence-2" type="offenceSubcategory" value="forgery"/>There was another indictment against the prisoner for forging an order for 5
<hi rend="italic">l</hi>.,</rs>
<rs id="t18750816-424-verdict-2" type="verdictDescription">
<interp inst="t18750816-424-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18750816-424-verdict-2" type="verdictSubcategory" value="noEvidence"/>upon which no evidence was offered.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18750816-425">
<interp inst="t18750816-425" type="uri" value="sessionsPapers/18750816"/>
<interp inst="t18750816-425" type="date" value="18750816"/>
<join result="criminalCharge" id="t18750816-425-charge-1" targOrder="Y" targets="def1-425-18750816 t18750816-425-offence-1 t18750816-425-verdict-1"/>
<persName id="def1-425-18750816" type="defendantName">
<interp inst="def1-425-18750816" type="gender" value="male"/>
<interp inst="def1-425-18750816" type="age" value="34"/>
<interp inst="def1-425-18750816" type="surname" value="HAWKES"/>
<interp inst="def1-425-18750816" type="given" value="JAMES BLAND"/>
<hi rend="largeCaps">JAMES BLAND HAWKES</hi> (34)</persName>, was indicted
<rs id="t18750816-425-offence-1" type="offenceDescription">
<interp inst="t18750816-425-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18750816-425-offence-1" type="offenceSubcategory" value="fraud"/> for that he having been entrusted by
<persName id="t18750816-name-117" type="victimName">
<interp inst="t18750816-name-117" type="gender" value="male"/>
<interp inst="t18750816-name-117" type="surname" value="HATCHARD"/>
<interp inst="t18750816-name-117" type="given" value="JOHN ALTON"/>
<join result="offenceVictim" targOrder="Y" targets="t18750816-425-offence-1 t18750816-name-117"/>John Alton Hatchard</persName>, as an agent, with a cheque for 403
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. for the purpose of purchasing five Egyptian bonds, did convert the same to his own use, and also the sum of 806
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. entrusted to him by
<persName id="t18750816-name-118" type="victimName">
<interp inst="t18750816-name-118" type="gender" value="male"/>
<interp inst="t18750816-name-118" type="surname" value="CANNON"/>
<interp inst="t18750816-name-118" type="given" value="JAMES DEARDON"/>
<join result="offenceVictim" targOrder="Y" targets="t18750816-425-offence-1 t18750816-name-118"/>James Deardon Cannon</persName>. Other counts varying the mode of charge.</rs> </p>
<hi rend="smallCaps">MR. METCALFE</hi>, Q.C.,
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. F. H. LEWIS</hi>,
<hi rend="italic">conducted the Prosecution</hi>;</p>
<hi rend="smallCaps">MESSRS. BESLEY</hi>
<hi rend="italic">and</hi> W.
<hi rend="smallCaps">SLEIGH</hi>,
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18750816-name-119" type="witnessName">
<interp inst="t18750816-name-119" type="gender" value="male"/>
<interp inst="t18750816-name-119" type="surname" value="HATCHARD"/>
<interp inst="t18750816-name-119" type="given" value="JOHN ALTON"/>REV. JOHN ALTON HATCHARD</persName> </hi>. I am a clergyman of the Church of England, residing at Marina, St. Leonard's—on 3rd of April this year I received this circular, marked A. (
<hi rend="italic">This was headed</hi> "
<hi rend="italic">Consolidated Exchange and Banking Agency, 8 and</hi> 9,
<hi rend="italic">Gracechurch Street, London" offering to give advice with regard to the purchase of securities, and protect purchasers from fraud, and also to give them facilities for purchasing, by paying the amount by instalments</hi>). On the receipt of that letter I wrote the letter marked B, acknowledging it, and on the 8th April I wrote this letter marked C. (
<hi rend="italic">Read</hi>):" 104, Marina, St. Leonards-on-Sea, April 8, 1875. Sir,—Thank you for your letter of yesterday. I shall be further obliged if you could let me know when the dividend is payable on the Egyptian 7 per cent. Khedive Loan, 1870
<hi rend="italic"/>; also how often drawings take place, and when the next is. I think it is a good plan to buy in when a dividend is near, is it so or not? The Egyptian, 1873, dividend is nearly due, I believe, which would be most profitable, 1872 or 1873? I shall be glad of further particulars about City and County Bank; is it under the Limited Liability Act? What were the shares orginally; how much paid on them; how long established, and all particulars; also the same about Wedgewood Coal and Iron. I don't see either in the
<hi rend="italic">Money Market Review</hi> quoted. What do you think of Lima</p>
<xptr type="pageFacsimile" doc="187508160030"/>
<p>Railway; to a holder of 5 per cent. Peruvian Stock, what would be your advice, to hold on or sell? I see Native Manure Company's shares rise: please quote your scale of brokerage on purchase and sale of Foreign Bonds and Stocks. What is your opinion of London, Chatham and Dover Ordinarys?
<hi rend="italic"/>") I received this letter marked D, replying to my inquiries. I received this telegram F, dated 12th April, stating that he had bought five Egyptian Bonds, 1873, at 80 3/4, and requesting draft by next post to cover same. I wrote this letter on the same day. (
<hi rend="italic">This enclosed a cheque on Sir Samuel Scott & Co., for</hi> 403
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>.
<hi rend="italic">to meet the purchase of the five Egyptian Bonds.</hi>) The letter G enclosed a receipt for the amount remitted. (A
<hi rend="italic">number of letters were put in and read, containing questions from the witness as to certain Companies and investments, and also pressing for the delivery of the bonds, with replies from the defendant</hi>) I expected the bonds by the next post, because I had paid for them and inquired whether they were purchaseable cum dividend, and upon the strength of that I sent my cheque—I looked for nothing more or less than the five Egyptian Bonds—I was no party to any interest for non-delivery—after receiving this letter of the 12th May, from the defendant, stating that he was compelled to carry over until the next settlement, the 31st May, I telegraphed to my solicitor, and then came up to town and saw. the defendant in the presence of Mr. Govett, my solicitor—I understand he is very ill to-day, he was on Sunday—we went to the prisoner's office to demand my bonds—I asked him why my bonds had not been sent—I pressed for the bonds, and my solicitor asked to see the note, which would have satisfied us that they had been purchased, but we could not satisfy our minds, except on one point, that they had not been purchased—the prisoner produced a piece of paper, but I did not look very much at it myself; I left it to my solicitor, and he informed me it was utterly valueless—I saw the amount 403
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. on the paper, which answered to the amount of the cheque I had sent—I believe this is the piece of paper. (
<hi rend="italic">Head</hi>: "13th April, 1875, Sold to the Con
<lb/>solidated Exchange and Banking Agency, five 100
<hi rend="italic">l</hi>. Egyptians-1873, at 80 3/4, 403
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. (signed) H. H. Wraxall & Co.") I asked for the bonds, and the prisoner went away and said he would go and get them or see some gentleman—we waited for a long time, until we were tired, and went away—they 'told us that if we returned in two hours Mr. Hawkes would be sure to be there—we returned in two hours and he had not come back, we were told by Mr. Hawkes' employes—we asked for the money or the bonds, and a gentleman, Mr. Hanrott, who was his legal adviser at that time, recom
<lb/>mended them to produce the money if they could not produce the bonds, and he wrote a letter to Mr. Hawkes and left it for him with that advice in it—Mr. Hanrott appeared to be advising the prisoner while we were there, and before the prisoner left—he was asked a great many questions by the prisoner—the prisoner did not come back, and we got neither the bonds or the money, and I returned home—on the 18th May I applied for a warrant against the prisoner, at the Mansion House, and advertised a reward for his apprehension—every means were taken to find him at his own house, and at his office—at the time I applied for the warrant, Mr. Hanrott, the prisoner's solicitor, and a gentleman as Counsel, were there—I afterwards received this telegram from the defendant. "Sir H. Wraxall writes, that bonds await our order; satisfactory apologies must be made, also inden
<lb/>tification for expenses improperly necessitated"—I telegraphed to him that Mr. Govett had my full authority to receive the bonds—I had given him</p>
<xptr type="pageFacsimile" doc="187508160031"/>
<p>authority to receive them weeks before, and Mr. Govett did receive them; but I still thought it my duty to the public and to myself to continue this prosecution, and the prisoner was committed for trial by the Lord Mayor.</p>
<hi rend="italic">Cross-examined.</hi> I considered it my duty to continue this prosecution, that was my own unbiassed opinion, I did not ask my solicitor even—I felt very much grieved about the whole case—it is a long time ago since I first began investing—I have not speculated, buying shares is not specu
<lb/>lating—I have not been an investor in the public funds as long as I could wish, it extends over a period of thirty years—I generally ask the opinion of others, but I have found if I have gone upon my own it has been better than other people's, sometimes even better than respectable stockbrokers—on the interview of 13th May when Mr. Govett went with me I was asked who a certain person who was with me was—I said "Never mind who he is, he is a friend of mine," as I consider a policeman to be to a man who is in difficulty, as I felt myself to be—I did not even know his name—I wished to keep up his character as a detective—I don't think I said he was a personal friend of mine, I was in need and I considered him a friend in need—I don't believe I did say a personal friend: I was under excitement, going there—I considered I had lost a large sum of money—I did not say at the Mansion House that I introduced the detective as my personal friend, I contradicted it—I said he was a friend, I could,—not call him by his name because I did not know it—when the prisoner left on 13th May he did not give us to understand where he was going for the bonds—I don't think at that time I had heard Sir Henry Wraxall's name—he was going some
<lb/>where, I won't swear that he said he was going to Sir Henry Wraxall—I am placed at disadvantage in answering these questions because Mr. Govett is not here, and upon that occasion he listened with professional ears, and I really 'don't remember—I think if I had known the detective's name I should have told him to keep it back—he was a detective, and it was better his name should not be known—the prisoner went away to get the bonds from someone or somewhere—I gave Mr. Govett authority to accept my bonds from the prisoner from the first, if he could get them—in my first telegram I said "Get my bonds"—before I saw the prisoner at all I telegraphed to my solicitor—I think it was on 12th May, the day before we called at the prisoner's office—I am not aware that Mr. Govett when the bonds were offered to him refused to accept them saying he had no authority from me, he certainly has never told me that because he knew that he had authority to accept them—I expected the bonds the day after I had sent my cheque—I went up to London because I was afraid that the bonds would not be delivered until the 31st of May—I expected them a month before—I had paid for them and they were due to me—I was under the impression that he could not deliver me the bonds at all—I was afraid before the 12th May that the bonds would not be delivered until the next dividend day—I received a letter stating that I should have to wait for the bonds until next divi
<lb/>dend day—I went up to London because I wanted to get them the earliest day that I could—this prosecution was not continued because I and Mr. George Lewis were threatened with proceedings for the course we had taken with regard to Mr. Hawkes—I should have gone on with it under any cir cumstances and I told them so in the office—I was not threatened with any action—I had heard that Mr. Hawkes through Mr. Hanrott, his then attorney, threatened an action against me and Mr. Lewis, but it did not.</p>
<xptr type="pageFacsimile" doc="187508160032"/>
<p>influence my going on; there was my own case and many others—I should have been less than a man, if I had not gone on, after the letters I had received—I don't recollect that I telegraphed to Mr. Govett that I had heard that the bonds were ready to be delivered over on 1st June—I believe I received a telegram from the defendant and communicated with Mr. Govett to tell him to accept the bonds—I won't swear that it was on the 1st June because I really don't recollect—I had given-him authority over and over again before, that—I dare say I did communicate with Mr. Govett on 1st June to accept the bonds—I have got a memorandum "Received notice of receipt of bonds from Mr. Govett on June 3rd"—I paid for them on 12th April—I have no memorandum that I Telegraphed to Mr. Govett on 1st June—I last saw Mr. Govett on Sunday week, he spent Sunday with me at St. Leonard's—he was very unwell then—we had no conversation about this business at all—he was an old friend of thirty years, and spent Saturday and Sunday with me—I have not commu
<lb/>nicated with him since he left me on Monday week—he has not been at these Sessions to my knowledge—I had 1
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. from Mr. Hawkes, but it was not for holding over or continuing—I did not hold over or continue at all—I did not return what money I had from Mr. Hawkes, I wrote for an explanation—I don't recollect that at the interview at Mr. Hawkes's office Mr. Hawkes explained that he was put to a great deal of trouble by Sir Henry Wraxall holding over—I don't recollect anything of the kind passing—I saw a contract note similar to what has been shown me this morning Mr. Govett asked the prisoner if he had a contract note from Sir Henry Wraxall—he said "Yes" and he produced a piece of paper—I can't swear that he said that Sir Henry Wraxell had given him a great deal of trouble, but he would go to him and try and obtain the bonds—I won't deny it either, but I don't think Sir Henry Wraxall's name was mentioned at that time—I don't think the prisoner said at that interview that 1
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. had been paid for the non-delivery of the bonds—I had received a communication to that effect, but I don't remember that he said it at that interview—I won't deny it, but the impression on my mind was that all we could get was a general refusal of money and bonds—I am sure he did not say that as we had accepted the 25
<hi rend="italic">s</hi>. for non-delivery, he could not force the people to deliver over the bonds—he said he would go and try and get them.</p>
<hi rend="italic">Re-examined.</hi> I had not given him notice of my intention to come to London—I don't know how Mr. Hanrott, his solicitor, came to be there—I knew Mr. Govett had called there the day before—it was an arranged interview, that was it—Mr. Govett told him that he would meet them at a certain hour the next day.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-120" type="witnessName">
<interp inst="t18750816-name-120" type="gender" value="male"/>
<interp inst="t18750816-name-120" type="surname" value="LEWIS"/>
<interp inst="t18750816-name-120" type="given" value="GEORGE HENRY"/>GEORGE HENRY LEWIS</persName> </hi>. I am conducting this prosecution on behalf of Mr. Hatchard and Mr. Cannon—Mr. Govett was examined before the Mag
<lb/>istrate—I have received two telegrams addressed to his firm in King's Bench Walk with reference to his illness—on 18th May I applied for a warrant to apprehend the prisoner for fraud in connection with these bonds—his attorney Mr. Hanrott, and his counsel Mr. Cooper, were present to oppose the warrant being granted—Sir Robert Carden declined to hear either of them and granted the warrant—I then used every effort to appre
<lb/>hend him, and finally being unsuccessful, I offered a reward for his appre
<lb/>hension—I think that was about 31st May or 1st June—after the bonds had been delivered up, Mr. Sherwood, his present solicitor called on me to know whether we should persevere in the prosecution—I told him "Yes,"</p>
<xptr type="pageFacsimile" doc="187508160033"/>
<p>that I was perfectly willing if he pledged his word that the defendant should surrender, not to have him arrested if I could discover him meanwhile—I never was threatened by him or by anybody with any proceedings of any kind, neither was Mr. Hatchard to my knowledge.</p>
<hi rend="italic">Cross-examined.</hi> I informed Mr. Sherwood that I had receive 1 a telegram
<hi rend="italic">from</hi> Mr. Hanrott saying "Take your own course, my client will take his;" and I also informed him that I had communicated with Mr. Hanrott by letter, and told him to tell me where the prisoner was, that he might be apprehended, and whether he would surrender him; but I declined to allow the case to be settled in any way by the delivery of the bonds—I cer
<lb/>tainly did not understand that Mr. Hanrott was threatening an action in respect of the advertisement of the warrant after the acceptance of the bonds by Mr. Govett—I think the advertisment appeared the day before the acceptance of the bonds—it only appeared once, and I think it was the day before the bonds were delivered up—I think it was on the 1st June the defendant telegraphed to Mr. Hatchard the bonds were ready to be delivered over; the advertisement was sent to the
<hi rend="italic">Times</hi> newspaper on 1st June with
<lb/>out any knowledge of the telegram; Mr. Hatchard residing in the country the telegram was sent up to me—on 2nd June the advertisement appeared, and on the 3rd the bonds were delivered up—T did not certainly understand that Mr. Hanrott was intending an action—I understood the phrase "my client will take his course "as a sort of threat that it was better to leave him alone; however Mr. Hatchard would not let him alone—I appeared at the police-court for Mr. Hatchard first, and I think it was on the third occasion Mr. Cannon appeared—you opposed that charge being taken before a summons had been taken out—Mr. Cannon said he had come from Brighton, and the Lord Mayor ordered an information to be filed, and it was filed and proceedings granted—it was not the act of the Lord Mayor, it was your act—I think he would have heard it at once, but you opposed it.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-121" type="witnessName">
<interp inst="t18750816-name-121" type="gender" value="male"/>
<interp inst="t18750816-name-121" type="surname" value="FLUKE"/>
<interp inst="t18750816-name-121" type="given" value="WALTER"/>WALTER FLUKE</persName> </hi>. I am cashier at Sir Samuel Scott & Co., bankers, in Cavendish Square; Mrs. Hatchard banks there, Mr. Hatchard having power to draw on her account—I honoured a cheque for 403
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. drawn by Mr. Hatchard—I paid it with a 300
<hi rend="italic">l</hi>. note, 6,3374, dated 13th August, 1873; and a 100
<hi rend="italic">l</hi>. note, 58,640, dated 5th March, 1874; and the rest in cash—it was an open cheque.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-122" type="witnessName">
<interp inst="t18750816-name-122" type="gender" value="male"/>
<interp inst="t18750816-name-122" type="surname" value="WILLIAMS"/>
<interp inst="t18750816-name-122" type="given" value="CHARLES JOHN"/>CHARLES JOHN WILLIAMS</persName> </hi>. I am in the accountant's department of the Bank of England—I produce two notes for 300
<hi rend="italic">l</hi>. and 100
<hi rend="italic">l</hi>. cancelled, and numbered 63,374 and 58,640—we received them from the Joint Stock Bunk.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-123" type="witnessName">
<interp inst="t18750816-name-123" type="gender" value="male"/>
<interp inst="t18750816-name-123" type="surname" value="WILCOX"/>
<interp inst="t18750816-name-123" type="given" value="WILLIAM RICHARD"/>WILLIAM RICHARD WILCOX</persName> </hi>. I am manager of the Clarendon Bank, 301, Strand—the defendant kept an account there in the name of James Bland Hawkes—these two notes were paid in to his account about the 13th April—I have not got the books here because the bank is in liquidation, and the books are in the hands of the accountants, Messrs. Whenham & Scrimgeour, 42, Finsbury Circus.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-124" type="witnessName">
<interp inst="t18750816-name-124" type="gender" value="male"/>
<interp inst="t18750816-name-124" type="surname" value="CAMPIN"/>
<interp inst="t18750816-name-124" type="given" value="CHARLES"/>CHARLES CAMPIN</persName> </hi>. I was manager to the defendant, and was in his service about six months altogether—the business was carried on in the name of the Consolidated Exchange and Banking Agency—the only book that I kept was a diary—I know of no other—I can't tell whether there were any private books, I only kept a diary—I used to make the entries in the diary of the daily transactions; my actual position there was a clerk—I used to sign nominally as manager—I don't know of any ledger or cash</p>
<xptr type="pageFacsimile" doc="187508160034"/>
<p>book—the prisoner was the principal in the business—this (
<hi rend="italic">produced</hi>) is the diary that I kept—I saw a cheque from Mr. Hatchard for 403
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>.; it came in a letter which Mr. Hawkes opened—the cheque was handed to me for endorsement, and I returned it to Mr. Hawkes and saw no more of it—I endorsed it with the stamp in the office, and signed my name to it as manager; that was the only cheque that I endorsed—I had seen other cheques previously, but I was not manager at the time.</p>
<hi rend="italic">Cross-examined.</hi> I saw the advertisement in the
<hi rend="italic">Times</hi> on 2nd June there was an appointment made to meet Mr. Hawkes at the office, but I won't swear whether it was the day before or after the 2nd—it was about that time—Mr. Hawkes kept the appointment—I won't swear that Detec
<lb/>tive Child was there at the time, but he came during the day, I think—Mr. Hawkes was punctual, but I believe the detective was not—the diary is mine, in which I made memoranda, and as far as I know they are true—t was my duty to make the account sheets and give to the prisoner of the business done—I believe that Mr. Hawkes kept the private accounts—anything that passed through my hands I gave an account of to Mr. Hawkes—I was present when Mr. Govett came with Mr. Hatchard, but I can't say from memory that it was 13th May—this paper in reference to the purchase of the Egyptian bonds by Sir Henry Wraxall was shown to Mr. Govett—the explanation was given at that time that 1
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. had been paid for non-delivery, and that therefore Mr. Hawkes could not enforce the delivery until 31st May—he said he would see Sir Henry Wraxall and endeavour to get them—the prisoner was constantly at the office from the date of Mr. Govett's interview up to the time of the appointment of Detec
<lb/>tive Child coming there—he came on two or three other occasions, but the prisoner was not there—I know of no other person in the business, except Mr. Hawkes; the business was that of buying stocks and shares—it was carried on under the name of agency, but it was directly between the pri
<lb/>soner and those he dealt with—I can't swear that the prisoner had any other banking account besides the one at the Clarendon Bank—I have seen two or three cheque-books in the office.</p>
<hi rend="italic">Re-examined.</hi> I believe there have been many clients at previous times—Mr. Hatchard and Mr. Cannon were the only two that I had any know
<lb/>ledge of—I was only there as manager three months—I have known of other clients, but I can't give their names, because they did not come under my notice at all—this entry of 24th March in the diary which has been scribbled over, is not my handwriting; it was previous to my time in office—I have seen Sir Horatio Wraxall once or twice—I saw him accidentally in some dining-room at the West End; I have never seen him at the place of busi
<lb/>ness—I have been to his place of business once, between two or three months ago; I think it was before this prosecution was commenced—he has got a very nicely-furnished room on the first floor of No. 17, King William Street, Strand—I did not see him there; I don't know where he is now.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">MR. BESLEY</hi>. I saw him at the police-court—this entry in the diary of the 13th April, "Bought for Richard Alton Hatchard, 5 Egyptian Bonds at 80 3/4," is in my handwriting.</p>
<hi rend="italic">Sir Henry Horatio Wraxall was called upon his recognisances, but did not answer.</hi> </p>
<hi rend="smallCaps">
<persName id="t18750816-name-125" type="witnessName">
<interp inst="t18750816-name-125" type="gender" value="male"/>
<interp inst="t18750816-name-125" type="surname" value="CHAPPELL"/>
<interp inst="t18750816-name-125" type="given" value="WILLIAM"/>WILLIAM CHAPPELL</persName> </hi>. I am a common law clerk to Messrs. Morris & Co., 20, Bedford Row, who acted as solicitors to the Rev. Mr. Underhay—on the 10th December, 1872, we issued a writ against Sir Henry Wraxall and the</p>
<xptr type="pageFacsimile" doc="187508160035"/>
<p>prisoner, and recovered judgment on the 30th May, 1873, for 30
<hi rend="italic">l</hi>., and 15
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>. costs—we have never recovered anything from either of them; it was a joint action against the two.</p>
<hi rend="italic">Cross-examined.</hi> I never could see Sir Henry Wraxall on that matter—I did not know that he was a witness in Walter's and Murray's prosecution for the Government, to prove that he was not one of the agents for the Turf Agency—I did not go down to the Mansion House when he was a witness in this case; I did not know him—I saw Hawkes in reference to our matter, and I served him myself with the writ at 4, Royal Exchange Buildings—he said he should defend it, and he appeared by attorney.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-126" type="witnessName">
<interp inst="t18750816-name-126" type="gender" value="female"/>
<interp inst="t18750816-name-126" type="surname" value="YOUNG"/>
<interp inst="t18750816-name-126" type="given" value="MARY"/>MARY YOUNG</persName> </hi>. I am widow of the late Captain Young, and live at 19, Oxford Terrace, Hyde Park—while my husband was alive I remember Wraxall & Hawkes. carrying on business at 4, Royal Exchange Buildings—they were instructed by my husband to sell some bonds.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">MR. BESLEY</hi>. I know that of my own knowledge—I saw my husband fonward the bonds, and I know that letters came to my husband from the defendant—I have had letters of his—I have not seen him write.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-127" type="witnessName">
<interp inst="t18750816-name-127" type="gender" value="male"/>
<interp inst="t18750816-name-127" type="surname" value="CAMPIN"/>
<interp inst="t18750816-name-127" type="given" value="CHARLES"/>CHARLES CAMPIN</persName> </hi> (
<hi rend="italic">re-called</hi>). This document marked A C is in the prisoner's writing—I should say this signature to this promissory note is his—I don't know Wraxalls writing—I have seen his name on that contract note, and I can hardly tell whether that is his writing or not—I have no means of knowing his writing—this letter of 12th October, 1872, is in the prisoner's writing—I can't swear to this one of the 16th. (
<hi rend="italic">Promissory note read</hi>: "4, Royal Exchange Buildings, London, 10th February, 1872. On demand we jointly and severally promise to pay Captain J. R, Young, or order, the sum of 700
<hi rend="italic">l</hi>. value received, Henry H. Wraxall and J. B. Hawkes.") (
<hi rend="italic">The letter of 12th October, was headed Sir H. H. Wraxall, Hawkes & Co., and stated that the cash, they expected had not come to hand, but was expected the next day and should be forwarded.</hi>)</p>
<hi rend="smallCaps">MRS. YOUNG</hi> (
<hi rend="italic">continued</hi>). I have never been to 4, Royal Exchange Buildings at all—my solicitor has made inquiries—I have' never received any money on the promissory note.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-128" type="witnessName">
<interp inst="t18750816-name-128" type="gender" value="male"/>
<interp inst="t18750816-name-128" type="surname" value="BLOXAM"/>
<interp inst="t18750816-name-128" type="given" value="HORACE"/>HORACE BLOXAM</persName> </hi>. I am manager of the National Bank, at Charing Cross—I believe this signature to this promissory note is Sir Henry Wraxall's—I have a signature which I saw him write, and by comparison I say this is his—on 25th May, this year, I bought for Sir Henry Wraxall, 5 Egyptian Bonds, 7 per cent., 1873—they were handed to our head office by the brokers, and the money was received from there on the following day—we kept the bonds till 1st June, and then handed them to Sir Henry Wraxall on payment of the balance due to us—the head office had paid for them I think on 26th May, and we did not withdraw them I think for two or three days, as they were in our hands we made an advance to Wraxall, on the security of the bonds.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-129" type="witnessName">
<interp inst="t18750816-name-129" type="gender" value="male"/>
<interp inst="t18750816-name-129" type="surname" value="CANNON"/>
<interp inst="t18750816-name-129" type="given" value="JAMES DEARDEN"/>REV. JAMES DEARDEN CANNON</persName> </hi>. I am a clergyman and live at Oriental Place, Brighton—I saw an advertisement and a circular purporting to come from the Consolidated Exchange and Banking Agency, and I communicated with the company at Gracechurch Street—I received letters from the com
<lb/>pany, but they were not signed by Hawkes until October—there was another manager before him—after October I received letters signed by the prisoner—on 22nd February, 1875, I wrote this letter to the company. (
<hi rend="italic">This authorised them to sell 9001. worth of South Eeastern Railway Stock at</hi> 117
<hi rend="italic">l</hi>.,
<hi rend="italic">and to expend the amount realised in the parchase of other stock</hi>).I</p>
<xptr type="pageFacsimile" doc="187508160036"/>
<p>received an answer to that letter that the South Eastern were sold at 117
<hi rend="italic">l</hi>. (
<hi rend="italic">There were several other letters from the witness to the company as to the disposal of the</hi> 1050
<hi rend="italic">l</hi>.
<hi rend="italic">realised by the sale of the South Eastern Stock, and replies thereto which were put in and read.</hi>) On 27th February, I wrote for for 100
<hi rend="italic">l</hi>. spare cash for Mrs. Cannon, which I received, and I afterwards had a further remittance of 100
<hi rend="italic">l</hi>.—about the middle of March, I told them to buy 10 Egyptian Bonds—I don't remember the date, but it was within a week of Good Friday—I gave definite instructions then to buy 10 Egyptian Bonds, and I had a letter afterwards stating that the stock had been bought—"The purchase has been concluded in Egyptian 7 percent. 1873, at which we trust will be approved by you"—I was not giving him instructions to buy any other stock as well—I did not get any Egyptians afterwards—when I wrote the letter of 8th April, I was not clear whether the bonds passed by delivery or had to be transferred—I afterwards learned they had not, and I wrote expressing surprise that they were not delivered.</p>
<hi rend="smallCaps">THE COURT</hi>
<hi rend="italic">considered that in the case of Mr. Cannon, there was not a direction in writing within the Statute, and therefore there was no case to go to the Jury.</hi> </p>
<rs id="t18750816-425-verdict-1" type="verdictDescription">
<interp inst="t18750816-425-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18750816-425-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">on the First Count only</hi> </rs>
<hi rend="italic">
<rs id="t18750816-425-punishment-15" type="punishmentDescription">
<interp inst="t18750816-425-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18750816-425-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-425-18750816 t18750816-425-punishment-15"/>Six Month' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18750816-426">
<interp inst="t18750816-426" type="uri" value="sessionsPapers/18750816"/>
<interp inst="t18750816-426" type="date" value="18750816"/>
<join result="criminalCharge" id="t18750816-426-charge-1" targOrder="Y" targets="def1-426-18750816 t18750816-426-offence-1 t18750816-426-verdict-1"/>
<persName id="def1-426-18750816" type="defendantName">
<interp inst="def1-426-18750816" type="gender" value="male"/>
<interp inst="def1-426-18750816" type="age" value="19"/>
<interp inst="def1-426-18750816" type="surname" value="WARREN"/>
<interp inst="def1-426-18750816" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY WARREN</hi> (19)</persName>,
<hi rend="smallCaps">
<rs id="t18750816-426-verdict-1" type="verdictDescription">
<interp inst="t18750816-426-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18750816-426-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to
<rs id="t18750816-426-offence-1" type="offenceDescription">
<interp inst="t18750816-426-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18750816-426-offence-1" type="offenceSubcategory" value="forgery"/>three indictments for forging and uttering requests for the delivery of goods with intent to defraud</rs>
<rs id="t18750816-426-punishment-16" type="punishmentDescription">
<interp inst="t18750816-426-punishment-16" type="punishmentCategory" value="noPunish"/>
<interp inst="t18750816-426-punishment-16" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-426-18750816 t18750816-426-punishment-16"/>
<hi rend="italic">Judgment respited.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18750816-427">
<interp inst="t18750816-427" type="uri" value="sessionsPapers/18750816"/>
<interp inst="t18750816-427" type="date" value="18750816"/>
<join result="criminalCharge" id="t18750816-427-charge-1" targOrder="Y" targets="def1-427-18750816 t18750816-427-offence-1 t18750816-427-verdict-1"/>
<persName id="def1-427-18750816" type="defendantName">
<interp inst="def1-427-18750816" type="gender" value="male"/>
<interp inst="def1-427-18750816" type="age" value="56"/>
<interp inst="def1-427-18750816" type="surname" value="JOYCE"/>
<interp inst="def1-427-18750816" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM JOYCE</hi> (56)</persName>
<rs id="t18750816-427-offence-1" type="offenceDescription">
<interp inst="t18750816-427-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18750816-427-offence-1" type="offenceSubcategory" value="rape"/>, to unlawfully carnally knowing and abusing
<persName id="t18750816-name-132" type="victimName">
<interp inst="t18750816-name-132" type="gender" value="female"/>
<interp inst="t18750816-name-132" type="surname" value="BAKER"/>
<interp inst="t18750816-name-132" type="given" value="SUSAN LYDIA"/>
<join result="offenceVictim" targOrder="Y" targets="t18750816-427-offence-1 t18750816-name-132"/>Susan Lydia Baker</persName>, a girl under the age of twelve years</rs>
<hi rend="italic">
<rs id="t18750816-427-punishment-17" type="punishmentDescription">
<interp inst="t18750816-427-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18750816-427-punishment-17" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-427-18750816 t18750816-427-punishment-17"/>Five Years' Penal Servitude.</rs> </hi>
<rs id="t18750816-427-verdict-1" type="verdictDescription">
<interp inst="t18750816-427-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18750816-427-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> And</p> </div1>
<div1 type="trialAccount" id="t18750816-428">
<interp inst="t18750816-428" type="uri" value="sessionsPapers/18750816"/>
<interp inst="t18750816-428" type="date" value="18750816"/>
<join result="criminalCharge" id="t18750816-428-charge-1" targOrder="Y" targets="def1-428-18750816 t18750816-428-offence-1 t18750816-428-verdict-1"/>
<persName id="def1-428-18750816" type="defendantName">
<interp inst="def1-428-18750816" type="gender" value="male"/>
<interp inst="def1-428-18750816" type="age" value="26"/>
<interp inst="def1-428-18750816" type="surname" value="SMITH"/>
<interp inst="def1-428-18750816" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE SMITH</hi> (26)</persName>
<rs id="t18750816-428-offence-1" type="offenceDescription">
<interp inst="t18750816-428-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18750816-428-offence-1" type="offenceSubcategory" value="forgery"/>, to feloniously forging and uttering a cheque for 3
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., the pro
<lb/>perty of
<persName id="t18750816-name-134" type="victimName">
<interp inst="t18750816-name-134" type="gender" value="male"/>
<interp inst="t18750816-name-134" type="surname" value="ROSE"/>
<interp inst="t18750816-name-134" type="given" value="LAUCHLAN"/>
<join result="offenceVictim" targOrder="Y" targets="t18750816-428-offence-1 t18750816-name-134"/>Lauchlan Rose</persName> and others, his masters, with intent to defraud.—</rs>
<hi rend="italic">Recommended to mercy by the Prosecutors—
<rs id="t18750816-428-punishment-18" type="punishmentDescription">
<interp inst="t18750816-428-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18750816-428-punishment-18" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-428-18750816 t18750816-428-punishment-18"/>Twelve Months' Imprisonment.</rs> </hi>
<rs id="t18750816-428-verdict-1" type="verdictDescription">
<interp inst="t18750816-428-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18750816-428-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]</rs> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, August</hi> 18
<hi rend="italic">th</hi>, 1875.</p>
<hi rend="italic">Before Mr. Justice Brett.</hi> </p>
<div1 type="trialAccount" id="t18750816-429">
<interp inst="t18750816-429" type="uri" value="sessionsPapers/18750816"/>
<interp inst="t18750816-429" type="date" value="18750816"/>
<join result="criminalCharge" id="t18750816-429-charge-1" targOrder="Y" targets="def1-429-18750816 t18750816-429-offence-1 t18750816-429-verdict-1"/>
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<persName id="def1-429-18750816" type="defendantName">
<interp inst="def1-429-18750816" type="gender" value="male"/>
<interp inst="def1-429-18750816" type="age" value="38"/>
<interp inst="def1-429-18750816" type="surname" value="KIRWIN"/>
<interp inst="def1-429-18750816" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS KIRWIN</hi> (38)</persName>, was indicted
<rs id="t18750816-429-offence-1" type="offenceDescription">
<interp inst="t18750816-429-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18750816-429-offence-1" type="offenceSubcategory" value="wounding"/> for feloniously wounding
<persName id="t18750816-name-136" type="victimName">
<interp inst="t18750816-name-136" type="gender" value="male"/>
<interp inst="t18750816-name-136" type="surname" value="CLAPP"/>
<interp inst="t18750816-name-136" type="given" value="ROBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t18750816-429-offence-1 t18750816-name-136"/>Robert Clapp</persName> with intent to murder.
<hi rend="italic">Two other Counts</hi> with intent to resist his apprehension, and to do grievous bodily harm.</rs> </p>
<hi rend="smallCaps">MESSRS. POLAND</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MEAD</hi>
<hi rend="italic">conducted the Prosecution</hi>; Messrs. Straight
<hi rend="italic">and</hi> Horace Avory
<hi rend="italic">the Defence.</hi> </p>
<hi rend="italic">The prisoner was tried at the last session for this offence</hi> (
<hi rend="italic">see page</hi> 255),
<hi rend="italic">and the Jury being unable to agree were discharged without giving a verdict. The evidence is there fully reported. In this instance the Jury found him.</hi> </p>
<hi rend="smallCaps">
<rs id="t18750816-429-verdict-1" type="verdictDescription">
<interp inst="t18750816-429-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18750816-429-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.
<hi rend="italic">
<rs id="t18750816-429-offence-2" type="offenceDescription">
<interp inst="t18750816-429-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18750816-429-offence-2" type="offenceSubcategory" value="theftFromPlace"/>There was another indictment for breaking and entering the counting-house</rs>
<rs id="t18750816-429-verdict-2" type="verdictDescription">
<interp inst="t18750816-429-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18750816-429-verdict-2" type="verdictSubcategory" value="noEvidence"/>upon which no evidence was offered.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18750816-430">
<interp inst="t18750816-430" type="uri" value="sessionsPapers/18750816"/>
<interp inst="t18750816-430" type="date" value="18750816"/>
<join result="criminalCharge" id="t18750816-430-charge-1" targOrder="Y" targets="def1-430-18750816 t18750816-430-offence-1 t18750816-430-verdict-1"/>
<persName id="def1-430-18750816" type="defendantName">
<interp inst="def1-430-18750816" type="gender" value="male"/>
<interp inst="def1-430-18750816" type="age" value="20"/>
<interp inst="def1-430-18750816" type="surname" value="ARBERRY"/>
<interp inst="def1-430-18750816" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK ARBERRY</hi> (20)</persName>
<rs id="t18750816-430-offence-1" type="offenceDescription">
<interp inst="t18750816-430-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18750816-430-offence-1" type="offenceSubcategory" value="kidnapping"/>, Unlawfully taking
<persName id="t18750816-name-138" type="victimName">
<interp inst="t18750816-name-138" type="gender" value="female"/>
<interp inst="t18750816-name-138" type="surname" value="TREMLETT"/>
<interp inst="t18750816-name-138" type="given" value="ELIZABETH CATHERINE"/>
<join result="offenceVictim" targOrder="Y" targets="t18750816-430-offence-1 t18750816-name-138"/>Elizabeth Catherine Tremlett</persName> an unmarried girl under the age of sixteen out of the possession and against the will of her father.</rs> </p>
<hi rend="smallCaps">MESSRS. HARRIS</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">SAFFORD</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. BRINDLEY</hi> </p>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18750816-name-139" type="witnessName">
<interp inst="t18750816-name-139" type="gender" value="female"/>
<interp inst="t18750816-name-139" type="surname" value="RAYMOND"/>
<interp inst="t18750816-name-139" type="given" value="MARION"/>MARION RAYMOND</persName> </hi>. I live at 35, Mayfield Street—I know the prisoner—in April, 1874 he was paying his addresses to me—he proposed to me in September, and the wedding day was fixed for the 8th of March—I am an orphan and live with my sister and brother-in-law next door to the prisoner—we made arrangements to go abroad—on 23rd January he said he wanted some money to pay off some one that he owed it to—I gave him 50
<hi rend="italic">l</hi>. and</p>
<xptr type="pageFacsimile" doc="187508160037"/>
<hi rend="italic">l</hi>., altogether 250
<hi rend="italic">l</hi>.—I gave him the last sum on 26th February—he told me to get it in gold—I saw him on Sunday evening the 28th and then did not see him again until the 8th of March at Northfleet at Mrs. Laws—I went down there with his mother, after he had gone off with Miss Tremlett—I asked him to return the money; he told me to wait and he would bring the money out to me—I waited five minutes and he was gone.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-140" type="witnessName">
<interp inst="t18750816-name-140" type="gender" value="female"/>
<interp inst="t18750816-name-140" type="surname" value="LAWS"/>
<interp inst="t18750816-name-140" type="given" value="FRANCES"/>FRANCES LAWS</persName> </hi>. I live at Hope Cottages, Northfleet—on Friday, 26th February, the prisoner came to my place and wanted apartments—I let him two bed-rooms which communicated by a door, and a sitting-room—he said he required two bed-rooms and a sitting-room for his sister and himself—he said "I will take the place for three months, and if I don't stay I shall pay you"—he said he would come on Monday, and bring his sister probably on Thursday—he came on Monday 1st March and Miss Tremlett came with him; he said she was his sistor—they stopped over a week—they went out together and absconded, they knocked at the inner door, and the young lady asked if there was a back way where they could get out—I said we had not a back way and they went out by the front—I said What about dinner?" she said "We are only going for a short walk we shall return shortly"—he did not say anything—I did not see him again till he was at the police-court.</p>
<hi rend="italic">Cross-examined.</hi> I saw the young lady at the police-court—she was very badly dressed when she came to my house; her clothes were very old and ragged—they did not remain so, she became very smart—I received it. for the time they were there.</p>
<hi rend="italic">Re-examined.</hi> He seemed to have plenty of money.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-141" type="witnessName">
<interp inst="t18750816-name-141" type="gender" value="male"/>
<interp inst="t18750816-name-141" type="surname" value="TREMLETT"/>
<interp inst="t18750816-name-141" type="given" value="ROBERT TUCK"/>ROBERT TUCK TREMLETT</persName> </hi>. I keep a wine and beer establishment at Clapton—Elizabeth Catherine Tremlett is my daughter—she was living with me in my house up to Monday, the 1st of March—she left home that afternoon about 3.30; I was out at the time—she said she wanted to go out
<hi rend="italic">to visit</hi> one of her married sisters—I gave her permission—when I returned she was gone—she was sixteen on 26th April as she left on 1st March—I did not give her permission to go away with the prisoner; I had no idea of it—I knew nothing of him except as a casual customer once or twice a week.</p>
<hi rend="italic">Cross-examined.</hi> I told the inspector that I thought my daughter was seventeen; she did not pass in my house as seventeen or eighteen by my wish or sanction—her own mother is not living—I have had a very large family—her age is registered in the family bible, and when this arose I looked there and found her real age—I have a certificate of her birth here; she was born on 25th April, 1859—I don't think there was any jealousy at home between her and another sister—she has said there was, but there was no occasion for it—I was not aware that there was a feeling that she was not so well treated as her sister, or so respectably clothed—I am not aware that it is a fact that she was not so well dressed—I first heard of this jealousy at the police-court—I have not had others of my family leave home without my consent; two are married, and both were married with my knowledge—I don't say that in one case it was altogether with my wish, but it was certainly with my knowledge—I stated at the police-court that I did not know where to find my daughter; I did not know then—the pri
<lb/>soner's father afterwards told me she was at his house, and if I did not take her away he would kick her out—I did not say that I would not fetch her out of the gutter; I have not refused to see her—she came to my house</p>
<xptr type="pageFacsimile" doc="187508160038"/>
<p>after returning from Natal and said "I want to speak to you," and I pointed to the door—her manner was such that I could not receive her; I never spoke to her—she is at present living with my son; she is provided for—I heard a rumour that she was married to the prisoner, but he contradicted it—he never intended to marry her—I have not heard that they wish to marry—I should be sorry if they did; it would be a greater calamity than she has upon her now—I heard her say before the Magistrate that they would have been married if it had not been for the father—I heard from Miss Raymond that they were at Northfleet—a friend of the prisoner told me where they were, under fear and pressure—I don't remember the pri
<lb/>soner's brother coming and telling me two or three days after she had left home—he might have done so; I don't dispute it—I forget it.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-142" type="witnessName">
<interp inst="t18750816-name-142" type="gender" value="male"/>
<interp inst="t18750816-name-142" type="surname" value="GALE"/>
<interp inst="t18750816-name-142" type="given" value="JAMES"/>JAMES GALE</persName> </hi> (
<hi rend="italic">Policeman N</hi>). I apprehended the prisoner at Clapton on the charge of obtaining Miss Raymond's money—as I was taking him to the station he said "I went away along with Tremlett's daughter because she would not stop along with her father, as he behaved so badly to her."</p>
<hi rend="italic">Cross-examined.</hi> He did not say she had left her home and would not go back.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-143" type="witnessName">
<interp inst="t18750816-name-143" type="gender" value="female"/>
<interp inst="t18750816-name-143" type="surname" value="TREMLETT"/>
<interp inst="t18750816-name-143" type="given" value="CATHERINE ELIZABETH"/>CATHERINE ELIZABETH TREMLETT</persName> </hi> (
<hi rend="italic">examined by</hi> the Court). I am the daughter of Mr. Tremlett—there was a feeling of jealousy between me and one of my sisters, who is here—he was very unkind to me—I left home on 1st March—I had not seen the prisoner for about a fortnight before that—I left home because I was not happy; I was very uncomfortable at home—it was after I left my home that I saw the prisoner—if I had not met him I should not have gone home again; I meant to stay away altogether—I thought I was eighteen, and I told the prisoner I was eighteen; I told him so the day I went away—I asked him to take me away when I met him; I ran away with him—I read the newspapers—I have read the story of a girl who told the man she was eighteen—there was no arrangement being made for the prisoner and me to be married—since we came back from the Cape we have made arrangements to be married; his mother is furnishing some rooms for us—I went to my father after I came back, and he ordered me out of the house—I said "I wish to speak to you, father," and he said "Go," and I went—my clothing was very poor at home, not fit for a sweep's daughter—when I left home I went to Hackney Down Station; I met the prisoner there, he was not waiting there—I asked him to take me away—I was going to my sister's; I did not intend to go home again—I got to the Hackney Station about 3 o'clock or a little after—the prisoner took me to Northfleet because I asked him—I had known him before—we were going abroad together before I asked him to take me away, but I had not seen him for a fortnight, because I was out—I told him not to come to the house, because he was insulted by my sister—it was altogether by accident that I met him at Hackney Down Station—we had been out walking together before this—I don't exactly say we had been talking about marriage; we had been sweet hearting together there was not much said between us—we went to Cape Town—I said I did not mind going to Cape Town; I did not care where I went, so that he took me away—we were not to be married before we went to Cape Town—I did not exactly know whether we were going to be married or not; I did not care whether I was married or not—I was not happy at home—I did not exactly know that he had taken the lodging at Northfleet—he did not say anything about taking me away when we walked out together—we had been</p>
<xptr type="pageFacsimile" doc="187508160039"/>
<p>out together for about three months—our names were to be called in church on the Sunday as my father took him away on the Monday; they were to be called at Christ Church, Hackney, opposite the prisoner's house—that was where we were going to be married—he intends to marry me now, only father won't give him a chance—of course he ought to marry me—we stopped at Cape Town about a month; he is a builder by trade—I had no luggage with me when I left home; nothing but what I stood upright in—we had two bedrooms at Northfleet—he had not told me anything about those rooms before I got there.</p>
<hi rend="smallCaps">
<rs id="t18750816-430-verdict-1" type="verdictDescription">
<interp inst="t18750816-430-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18750816-430-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18750816-430-punishment-19" type="punishmentDescription">
<interp inst="t18750816-430-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18750816-430-punishment-19" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-430-18750816 t18750816-430-punishment-19"/>Six Months' Imprisonment.</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday, August</hi>, 18, 1875.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
<div1 type="trialAccount" id="t18750816-431">
<interp inst="t18750816-431" type="uri" value="sessionsPapers/18750816"/>
<interp inst="t18750816-431" type="date" value="18750816"/>
<join result="criminalCharge" id="t18750816-431-charge-1" targOrder="Y" targets="def1-431-18750816 t18750816-431-offence-1 t18750816-431-verdict-1"/>
<persName id="def1-431-18750816" type="defendantName">
<interp inst="def1-431-18750816" type="gender" value="male"/>
<interp inst="def1-431-18750816" type="age" value="25"/>
<interp inst="def1-431-18750816" type="surname" value="HAMILTON"/>
<interp inst="def1-431-18750816" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS HAMILTON</hi> (25)</persName>
<rs id="t18750816-431-offence-1" type="offenceDescription">
<interp inst="t18750816-431-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18750816-431-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously cutting and wounding
<persName id="t18750816-name-145" type="victimName">
<interp inst="t18750816-name-145" type="gender" value="female"/>
<interp inst="t18750816-name-145" type="surname" value="SANSOM"/>
<interp inst="t18750816-name-145" type="given" value="SELINA"/>
<join result="offenceVictim" targOrder="Y" targets="t18750816-431-offence-1 t18750816-name-145"/>Selina Sansom</persName>, with intent to do her some grievous bodily harm.</rs> </p>
<hi rend="smallCaps">MR. MOODY</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. COOPER</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18750816-name-146" type="witnessName">
<interp inst="t18750816-name-146" type="gender" value="female"/>
<interp inst="t18750816-name-146" type="surname" value="SANSOM"/>
<interp inst="t18750816-name-146" type="given" value="SELINA"/>SELINA SANSOM</persName> </hi>. I am an unfortunate girl, and live at 2, Brunswick Street, St. George's—I spent a night with the prisoner, and he did not pay me—I met him on 1st June and asked him if he was going to give me some money—he called to Stokes and said." If she does not leave me alone Harry, I shall stick her"—Stokes said to me" Why don't you leave the man alone, and go away"—I said that I would not go till I got some money; the prisoner then drew a knife from his pocket and
<hi rend="italic">Harry</hi> took it from his hand—
<hi rend="italic">Harry</hi> is the name that Stokes goes by; I did not Bee that knife, hut he then took out another which he thrust into my left shoulder—I was taken to the hospital.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. I had not threatened him, I just put my hand on his collar and said "Give me some money"—I was alone.</p>
<hi rend="italic">Cross-examined.</hi> I did not abuse him in the public street, nor did a crowd collect—I do not know whether there were ten or twelve persons there—no one struck the prisoner in my presence—I had never seen the prisoner before the night I slept with him—I find that he had come from his ship on this day but, but I did not find out before I spoke to him that he had plenty of money—my asking him for money lasted about ten. minutes; it was in Well Street—I am quite well now.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-147" type="witnessName">
<interp inst="t18750816-name-147" type="gender" value="male"/>
<interp inst="t18750816-name-147" type="surname" value="STOKES"/>
<interp inst="t18750816-name-147" type="given" value="WILLIAM"/>WILLIAM STOKES</persName> </hi>. I
<hi rend="italic">live</hi> at 19, Well Street, at a boarding house opposite the Sailors Home—I am generally known as
<hi rend="italic">Harry</hi>; I was in the kitchen and heard a disturbance, went up and saw the prosecutrix holding the prisoner by the coat—he said "If she does not let go Harry, I shall stab her"—and he had no sooner used the words than he pulled a knife from his waistband—it was not in a sheath, it was wrapped in a handkerchief—when he went to stick it into her I snatched it from his hand—this is it (
<hi rend="italic">produced</hi>)—he then pulled out an older knife and stuck it into her back; she had left go of him then, and was turning to go.</p>
<hi rend="italic">Cross-examined.</hi> These are sailors knives—the prisoner was lodging at our house—the woman was holding his coat—I said "Why don't you let go," and she let go the moment I asked her—there was nobody but me and the woman in the street—the prisoner was going to sea next morning, and he had both the knives in a handkerchief to save them from cutting him—they generally wear them behind them in a sheath.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-148" type="witnessName">
<interp inst="t18750816-name-148" type="gender" value="male"/>
<interp inst="t18750816-name-148" type="surname" value="DOWDSWELL"/>
<interp inst="t18750816-name-148" type="given" value="RICHARD"/>RICHARD DOWDSWELL</persName> </hi>. (
<hi rend="italic">Policeman H</hi> 226). I was opposite the boarding</p>
<xptr type="pageFacsimile" doc="187508160040"/>
<p>house and saw the prisoner deliberately strike the prosecutrix, but I did not know he had a knife—I saw him run and heard some one say the woman is stabbed—he ran into the boarding house and I ran after him; I followed him up stairs and met him on the top stairs coming down again—he said "You want me." I said "I do" he said "You are going to put me in
<hi rend="italic">chokey</hi>"—that is a new name sailors have for a prison—I told him I was going to take him for stabbing a woman—he said "I know I have done it, she accused me wrongfully—I received the knife from Stokes, and the other was brought to the station by a constable.</p>
<hi rend="italic">Cross-examined.</hi> The prisoner appeared excited; sailors begin to drink very early in the morning.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-149" type="witnessName">
<interp inst="t18750816-name-149" type="gender" value="male"/>
<interp inst="t18750816-name-149" type="surname" value="NOLAN"/>
<interp inst="t18750816-name-149" type="given" value="PATRICK"/>PATRICK NOLAN</persName> </hi>. I am a labourer of 15, Well Street—I picked up this knife in a wheelwright's yard; a constable knocked me down in the road and took it from me.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-150" type="witnessName">
<interp inst="t18750816-name-150" type="gender" value="indeterminate"/>
<interp inst="t18750816-name-150" type="surname" value="LLEWELLYN"/>
<interp inst="t18750816-name-150" type="given" value="RACE"/>RACE LLEWELLYN</persName> </hi>. On 1st July I was house surgeon at the London Hospital—the prosecutrix was brought there suffering from an incised wound on her right shoulder, passing right through the bone—there was danger from the hemorrhage, and if it had gone a short distance further it would have gone into the chest—it was dangerous to life—such a knife as this would cause it.</p>
<hi rend="italic">The Prisoner in his statement before the Magistrate denied all knowledge of the Prosecutrix, stating that she attacked him, and he struck her in self defence.</hi> </p>
<rs id="t18750816-431-verdict-1" type="verdictDescription">
<interp inst="t18750816-431-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18750816-431-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of unlawfully wounding</hi> </rs>
<hi rend="italic">
<rs id="t18750816-431-punishment-20" type="punishmentDescription">
<interp inst="t18750816-431-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18750816-431-punishment-20" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-431-18750816 t18750816-431-punishment-20"/>Nine Months' Imprisonment</rs> </hi>,</p> </div1>
<div1 type="trialAccount" id="t18750816-432">
<interp inst="t18750816-432" type="uri" value="sessionsPapers/18750816"/>
<interp inst="t18750816-432" type="date" value="18750816"/>
<join result="criminalCharge" id="t18750816-432-charge-1" targOrder="Y" targets="def1-432-18750816 t18750816-432-offence-1 t18750816-432-verdict-1"/>
<persName id="def1-432-18750816" type="defendantName">
<interp inst="def1-432-18750816" type="gender" value="male"/>
<interp inst="def1-432-18750816" type="age" value="50"/>
<interp inst="def1-432-18750816" type="surname" value="PURVER"/>
<interp inst="def1-432-18750816" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM PURVER</hi> (50)</persName>, was indicted
<rs id="t18750816-432-offence-1" type="offenceDescription">
<interp inst="t18750816-432-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18750816-432-offence-1" type="offenceSubcategory" value="bigamy"/> for bigamy.</rs> </p>
<hi rend="smallCaps">MR. MONTAGU WILLIAMS</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18750816-name-152" type="witnessName">
<interp inst="t18750816-name-152" type="gender" value="female"/>
<interp inst="t18750816-name-152" type="surname" value="ROBINSON"/>
<interp inst="t18750816-name-152" type="given" value="MARTHA"/>MARTHA ROBINSON</persName> </hi>. I keep a beer-house at Haddenham, in the Isle of Ely—I am a widow—on 29th of March, 1840, I was present at the prisoner's marriage, with Mary Elger, at Haddenham parish church—I was then a spinster, my name was Martha Wright, and I was one of the wit
<lb/>nesses, and signed the book—the prisoner's wife is here now, she is the same person, she has lived a very few miles from me ever since—they lived together several years, and then separated, and the prisoner lived with one of his sisters; but I can't say where.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> I have never received a newspaper sent to shew that you were married to my cousin—I never knew anything about your second marriage till I was told afterwards—she knew my sisters, but I never saw my sisters for six or seven years.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-153" type="witnessName">
<interp inst="t18750816-name-153" type="gender" value="female"/>
<interp inst="t18750816-name-153" type="surname" value="BUNN"/>
<interp inst="t18750816-name-153" type="given" value="RACHEL"/>RACHEL BUNN</persName> </hi>. I am the wife of Robert Bunn, of 79, Mare Street,. Hackney—in March, 1874, I was present at the prisoner's marriage, with my mother, Sarah Barrett—I signed the Register as one of the witnesses—the prisoner told my mother that his former wife had been dead some time—my mother is here—I afterwards received a letter, in consequence of which I gave the prisoner into custody.</p>
<hi rend="italic">Cross-examined.</hi> My grandmother lived at Haddenham, but she has left there four years—her name is Barrett—I do not believe that your former wife knew my mother.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-154" type="witnessName">
<interp inst="t18750816-name-154" type="gender" value="male"/>
<interp inst="t18750816-name-154" type="surname" value="WOODBRIDGE"/>
<interp inst="t18750816-name-154" type="given" value="HENRY"/>HENRY WOODBRIDGE</persName> </hi> (
<hi rend="italic">Policeman X</hi> 237). I took the prisoner on the 23rd July, he said it is no more than I expected—he also said "I have not seen my wife for 27 years.</p>
<hi rend="italic">Prisoner.</hi> I said for 20 years.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-155" type="witnessName">
<interp inst="t18750816-name-155" type="gender" value="female"/>
<interp inst="t18750816-name-155" type="surname" value="ROBINSON"/>
<interp inst="t18750816-name-155" type="given" value="MARTHA"/>MARTHA ROBINSON</persName> </hi> (
<hi rend="italic">re-examined</hi>). I know the prisoner's sisters, who live</p>
<xptr type="pageFacsimile" doc="187508160041"/>
<p>at Haddenham, quite well, and within the last seven years I have seen them in company with the first wife—when the woman comes up to Had
<lb/>denham I see them together—I have seen them speaking together, but not many times—I dare say the last time was two years back—I have seen them together within the last seven years; they always passed the time of day.</p>
<hi rend="smallCaps">
<rs id="t18750816-432-verdict-1" type="verdictDescription">
<interp inst="t18750816-432-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18750816-432-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18750816-433">
<interp inst="t18750816-433" type="uri" value="sessionsPapers/18750816"/>
<interp inst="t18750816-433" type="date" value="18750816"/>
<join result="criminalCharge" id="t18750816-433-charge-1" targOrder="Y" targets="def1-433-18750816 t18750816-433-offence-1 t18750816-433-verdict-1"/>
<persName id="def1-433-18750816" type="defendantName">
<interp inst="def1-433-18750816" type="gender" value="male"/>
<interp inst="def1-433-18750816" type="age" value="24"/>
<interp inst="def1-433-18750816" type="surname" value="TILLMAN"/>
<interp inst="def1-433-18750816" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY TILLMAN</hi> (24)</persName>
<rs id="t18750816-433-offence-1" type="offenceDescription">
<interp inst="t18750816-433-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18750816-433-offence-1" type="offenceSubcategory" value="wounding"/>, Unlawfully assaulting
<persName id="t18750816-name-157" type="victimName">
<interp inst="t18750816-name-157" type="gender" value="male"/>
<interp inst="t18750816-name-157" type="surname" value="PIZEY"/>
<interp inst="t18750816-name-157" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18750816-433-offence-1 t18750816-name-157"/>James Pizey</persName>, and occasioning him actual bodily harm.</rs> </p>
<hi rend="smallCaps">MR. MOODY</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. MONTAGU WILLIAMS</hi>,
<hi rend="italic">the</hi> </p>
<hi rend="italic">Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18750816-name-158" type="witnessName">
<interp inst="t18750816-name-158" type="gender" value="male"/>
<interp inst="t18750816-name-158" type="surname" value="PIZEY"/>
<interp inst="t18750816-name-158" type="given" value="JAMES"/>JAMES PIZEY</persName> </hi>. I am a mason, and live at 31, Romney Street, West
<lb/>minster—on the 7th July, about 11 a.m. I went to see my brother off from Waterloo Station, and I did not go to work that day—after that I went to Kew, with Mr. Young, the landlord, of the Brown Bear, Millbank Street—we got back from there about 10 p.m., and I and my wife, and some other friends remained at the Brown Bear till they closed, at 12.30, we then went outside and were standing having a few minutes' conversation, when the prisoner 391 B, came up and said "Clear the corner"—he was in uniform and on duty—I said "You will give us time to say Good night," and I had no sooner said so, than he up with his fist, struck me on the eye and knocked me down—my face was cut and I got up and went to the station, at Rochester Row, and reported him to the acting sergeant, whose name I believe is Geary—I have heard it since—I wrote my report on paper at a desk outside, and handed it to Geary—that was I should think three quarters of an hour after I was struck—Mrs. Barrow, my sister-in-law was there when I was struck, and my wife, and Mrs. Hallom and Mr. Washing
<lb/>ton, I do not know the others—when I received the blow, three constables were standing on the opposite side of the street, by the White Hart, the prisoner had been with them—he left them to come across—none of my party were the worse for liquor—there were six or seven of us standing at the corner of the Brown Bear, but there was no disturbance whatever.</p>
<hi rend="italic">Cross-examined.</hi> There was no disturbance, no noise, and no screaming of women—we were standing there perfectly quietly, and without the smallest provocation he came up and struck me, he being in uniform at the time—my wife is not related to a man named Hicks—I have heard since that Hicks has been in custody for assaulting the police—my wife is a witness against a constable named Heavingham in reference to a series of assaults later on, she is actually prosecuting a police sergeant for assaulting her at a later hour in the neighbourhood of Vincent Square—I first went to the Brown Bear at 8.30 in the morning—I did not go to work at all that day, I stayed at the Brown Bear for two hours till between 10 and 11 o'clock—I was drinking during that time, I had a glass of ale—I then went to Waterloo station and from there to Kew and came back and went to the Brown Bear between 1 and 2 o'clock and remained there about an hour and a half—I also had some ale on that occasion, I cannot say how much—I then took a boat up the river to Kew—we only went into one public-house at Kew, but we stopped at one before we got to Kew—I had drink at both those public-houses—we got back at 10 o'clock and I then paid my third visit to the Brown Bear, but I went home first—I had beer again, I cannot say how much—I have said "I had been drinking during the day I cannot say how many glasses, not twenty I think," or something to that effect—I</p>
<xptr type="pageFacsimile" doc="187508160042"/>
<p>was perfectly sober—I am not in the habit of drinking twenty glasses every day—all the people with me were as sober as I was—I did not hear the pri
<lb/>soner request the people not to make such a noise but to disperse quietly—I did not say to him "Mind your b----y business, you are only a youngster in the service, nothing of the kind; I only heard him say "Clear the women"—I did not say "I shall go when I like"—I did not see a lot of women crowd round the defendant and push him into a doorway, there was not a lot of women there, nor did I see them push him into a doorway—I did not see him trying to push through the women to get out of the doorway—when I was knocked down I felt inclined to return the blow, but they persuaded me to go the station and report him instead—I did not say "I want to get at the b----"—I said nothing to the prisoner when I was struck—it was a smartish blow, it cut my eye and knocked me down, but I never said a single word to him, I went direct to the station—my wife came into the Brown Bear about 10.30, but she did not stay, she came in and out; she did not ask me to go home, she came about twice—I did not say before the Magistrate-" It was a temperate day with me, I can almost swear I did not take twenty glasses," but it was a temperate day with me, I was not drunk—I used no offensive words to the constable—I know Hannah Brown, she is the wife of a cabdriver in Horseferry Road—I attended five times at Westminster—my solicitor is named Sampson and so is theirs.</p>
<hi rend="italic">Re-examined.</hi> I heard last night that the Grand Jury have thrown out the bill against Hicks for the assault—the charge against Heavingham, was after I had made my report at the station—I was not present at the assault of which Heavingham is accused—I began to drink at 8.30, and the twenty glasses of ale extended right through the day—I took my ordi
<lb/>nary meals and I include what I had with them—I did not take anything, with my meals in the boat—I do not think the glasses would come to twenty.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-159" type="witnessName">
<interp inst="t18750816-name-159" type="gender" value="female"/>
<interp inst="t18750816-name-159" type="surname" value="BARRELL"/>
<interp inst="t18750816-name-159" type="given" value="EMMA"/>EMMA BARRELL</persName> </hi>. I am married, Pizey is my brother-in-law—I went to the Brown Bear, about 11 o'clock on this night, and when the house was closed I went out with Mr. and Mrs. Pizey, Mr. and Mrs. Hammond, and I believe Mr. Washington—three or four policemen were standing opposite by the White Hart, and one of them, the prisoner, crossed the road and walked round us—he said "Clear the corner"—Pizey said "You will give us time to wish our friends good night," and on that the prisoner struck him in the eye with his fist and knocked him down—he got up directly and I took hold of him and persuaded him to go and report him—I went to the station with him directly, and he made his report—I went straight home from the—station—I had had a glass of wine at the Brown Bear—I did not see any thing in Pizey different to what I generally saw, and I see him everyday—he did not appear at all the worse for what he had taken.</p>
<hi rend="italic">Cross-examined.</hi> He appeared perfectly sober—the defendant came up and hit him in the eye without the slightest provocation—no noise was made, and there was no screaming outside—he had no sooner said "Clear the corner," than he struck the blow—when Pizey got up I heard him say "See what you have done"—he did not use any bad language—I went to the Brown Bear, about 11 o'clock, and stayed there an hour and a half—I saw Mrs. Pizey there; she came in and out—I noticed her twice—I did not hear her ask Pizey to come home.</p>
<hi rend="italic">Re-examined.</hi> No charge was made by the police against any of my party of being disorderly.</p>
<xptr type="pageFacsimile" doc="187508160043"/>
<hi rend="smallCaps">
<persName id="t18750816-name-160" type="witnessName">
<interp inst="t18750816-name-160" type="gender" value="male"/>
<interp inst="t18750816-name-160" type="surname" value="WASHINGTON"/>
<interp inst="t18750816-name-160" type="given" value="WILLIAM"/>WILLIAM WASHINGTON</persName> </hi>. I went to the Brown Bear, about 10.30 p.m., and remained till the closing of the house at 12.30, when we all came out together, and were standing at the corner wishing one another good night—there were three or four policemen opposite, and one of them came across towards Pizey, and said "Now then clear this here corner"—Pizey said "Allow us to wish one another good night" and he up with his fist and knocked him down—I advised Pizey to report the case at the station, instead of getting into any bother with the prisoner, and I went there with him and saw him write the report—he was sober.</p>
<hi rend="italic">Cross-examined.</hi> He was perfectly sober—this is the first time I have given my evidence in this matter—I went to Rochester Row twice, when the Magistrate was sitting, and was in court once, but was not called—I was with Pizey all day; I joined him about 9 a.m., and went with him to the Brown Bear, with a brother of his who was going to Fareham, and we saw him off—we drank at intervals; I may have have had three or four glasses, or four or five during the day, it was a long way from twenty or thirty glasses—I can't say whether I had as much as Pizey—I might have missed a turn—we were not on the spree, we went for an excursion on the river, not for the purpose of getting drunk—I mean, to say that there was no screaming, no noise, and no disturbance of any kind—the women were quiet.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. We were not two hours at the Brown Bear in the morning—we had to go by the 11.15 train, and we did not return to the Brown Bear till 3 o'clock; we then had a pot of ale between us, and then engaged a boat and went up the river to Kew—we only stopped at one house, the Star and Garter, at Putney, and when we got to Kew we stopped at another and waited till the tide turned, to come back, but we did not stop at any house coming back—it was 10.30 before we got to the Brown Bear again.</p>
<hi rend="italic">Re-examined.</hi> There were seven of us in the party; the landlord of the Brown Bear was one—we pulled up to Kew in a boat; we did not go by the steamer.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-161" type="witnessName">
<interp inst="t18750816-name-161" type="gender" value="male"/>
<interp inst="t18750816-name-161" type="surname" value="YOUNG"/>
<interp inst="t18750816-name-161" type="given" value="HENRY"/>HENRY YOUNG</persName> </hi>. I keep the Brown Bear—I was one of the party that pulled up to Kew—there were five of us 'altogether, Pizey, Gill, Hallom, Washington, and myself—when we started none of us were the worse for the liquor we had taken—we called at one house going, and went to one at Kew, but called at none coming back—we may have had two or three pots of beer between the five of us, but for myself I had a little whiskey—the whole party then remained at my house—I cannot give any idea how much was supplied to them before we closed, but when I called "Time" at 12.25 they all left sober—I then heard a woman scream, and a wrangling at the same time.</p>
<hi rend="italic">Cross-examined.</hi> My house is half a mile from the Rochester Row police court—I know that this case was for several weeks before Mr. Arnold, the Police Magistrate—this is the first time I have given evidence—I know that there are pains and penalties for serving & man after he has had too much—Pizey was perfectly sober—he might be a little fresh, nothing more, not for me to notice it—we are all a little fresh if we take a glass or two, but he did not show it in any way—I served all of them about twenty minutes before they left—my wife and I served them; I cannot say with how much, as I was up in the billiard-room part of the time, and people were coming in and out—I had never been out with Washington or Pizey before—I sug
<lb/>gested the jaunt on the river—we had two pots at Putney; I drank porter</p>
<xptr type="pageFacsimile" doc="187508160044"/>
<p>there and some whisky—we had two or three pots at Kew, not more than three—Pizey may have been an hour or an hour and a half at my house in the morning.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-162" type="witnessName">
<interp inst="t18750816-name-162" type="gender" value="female"/>
<interp inst="t18750816-name-162" type="surname" value="HAMMOND"/>
<interp inst="t18750816-name-162" type="given" value="ISABELLA"/>ISABELLA HAMMOND</persName> </hi>. On the night of 7th July I was at the Brown Bear—my husband was there—I went there about 10.30, and left at 12.30—I may have had a little ale with my husband; I had no spirits—when we got outside, Mr. Pizey and several friends were bidding each other good night, and the policeman came across and called "Clear the corner," and he took his clenched fist and struck Mr. Pizey in the eye and knocked him down, and the blood ran down his face—he got up and went to report him at the station, but I did not hear any of his friends say anything to him before he went.</p>
<hi rend="italic">Cross-examined.</hi> All the party were perfectly sober—Pizey asked the constable very pleasantly and civilly, to allow them to wish one another good night, and without any provocation this violent blow was struck—I live opposite the Brown Bear, about a quarter of a mile from the police-court—I did not go there while the case was being heard—this is the first time I have given evidence—I was asked by Pizey to go, and I said that I would rather not—I left the public-house at the same time as Pizey—I never heard a woman scream, and I must have heard her if she had—there was nothing of the sort.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. There was no screaming when Pizey was struck.</p>
<hi rend="italic">Witnesses for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18750816-name-163" type="witnessName">
<interp inst="t18750816-name-163" type="gender" value="male"/>
<interp inst="t18750816-name-163" type="surname" value="PETTIT"/>
<interp inst="t18750816-name-163" type="given" value="JOSEPH"/>JOSEPH PETTIT</persName> </hi> (
<hi rend="italic">Policeman B</hi> 83). On the morning of 7th July I was on duty at the foot of Lambeth Bridge—the Brown Bear faces Lambeth Bridge, and the White Hart is at the other corner—between 12.20 and 12.45 I was at that corner, and heard some women hallooing, and saw a crowd of four
<lb/>teen or fifteen people in front of the Brown Bear, which was closed—I crossed over and saw the defendant standing there; I had seen him about a quarter of an hour previously—I saw some women pushing him backwards into the doorway of the Brown Bear with their hands—I then saw Pizey, who was drunk; he said "Let me get at the young b----"—the women were pushing Pizey to keep him from getting at the constable, and I assisted the women in keeping him away—he did not make the smallest complaint to me of any kind, but the women said that the policeman had struck him—I asked Pizey to let me look at his face, but he would not—two constables, one of the A and one of the B division, were on the other side—I had been at the opposite corner ever since 9 o'clock, and I was there when the Brown Bear closed—that is what is termed in the division a fixed point, at which I am obliged to stay the whole time—during the whole time I was there I saw no man knocked down, and that fixed point is about five or six yards from the Brown Bear—the rest of the men and women appeared excited—it is a very rough neighbourhood.</p>
<hi rend="italic">Cross-examined by</hi> Mr. Moody. When I came on the scene the women com
<lb/>plained that the prisoner had struck Pizey in the face—my duty is to remain there constantly unless I am called away—I did not hear that night or next morning that Pizey had made a report, not till I came on at 1 o'clock next day—the prisoner did not make any charge—I was not obliged to take Pizey in custody for being drunk, he was not disorderly—I did not take his name and address nor did Tillman—I had to make a report because my officer directed me to do so—that was after Pizey had made his report—I made no actual charge against any person in that crowd, of being drunk or disorderly—I took no proceedings.</p>
<xptr type="pageFacsimile" doc="187508160045"/>
<hi rend="italic">Re-examined.</hi> I knew of no report made by Pizey on that night of the 7th—on the morning of the 8th I was requested by the inspector to make my report and I did so—the defendant joined the force before me and I have been there fifteen months—none of the A division are here—I believe they crossed over to the Brown Bear, but I cannot swear it.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-164" type="witnessName">
<interp inst="t18750816-name-164" type="gender" value="male"/>
<interp inst="t18750816-name-164" type="surname" value="EDWARDS"/>
<interp inst="t18750816-name-164" type="given" value="SAMUEL"/>SAMUEL EDWARDS</persName> </hi> (
<hi rend="italic">Policeman B</hi> 184). I was on duty on 7th July at 12.45, ten or fifteen yards from the Brown Bear and heard hallooing and shouting—I saw the defendant there and three women in front of him pushing him up against the doorway—they said that a child had been struck—I tried to get them away from the defendant—there were fourteen or fifteen women there.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-165" type="witnessName">
<interp inst="t18750816-name-165" type="gender" value="male"/>
<interp inst="t18750816-name-165" type="surname" value="GEAREY"/>
<interp inst="t18750816-name-165" type="given" value="SAMUEL"/>SAMUEL GEAREY</persName> </hi> (
<hi rend="italic">Police Sergeant B</hi> 22.) I have been in the force nine
<lb/>teen years next Christmas—I was acting inspector at the station on the 7th and was there at 12.45 when Pizey came there—he was drunk—he said that he came to make a complaint against 391—I told him he could make his complaint if he liked—he walked into the office, staggered, and threw himself on the desk—I gave him a piece of paper and a pen, and in about a quarter of an hour he brought this statement back—he was excited and drunk and there was a streak of dry blood on his face—there was no wound from which blood was pouring, it was just a scratch, and the blood had run down about an inch; there was no sign whatever of a black eye.</p>
<hi rend="italic">Cross-examined.</hi> I said to the Magistrate "He fell across the desk at which I was sitting; I perceived he was drunk directly from his speech and manner; he spoke incoherently"—he could not if he pleased have written the paper where I was; I was sitting at the desk and I have only one desk—there is another room at the station with a desk and gas, he could have written it there.</p>
<hi rend="italic">Re-examined.</hi> The defendant has been three or four years in that division—I have always found him temperate and quiet.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-166" type="witnessName">
<interp inst="t18750816-name-166" type="gender" value="male"/>
<interp inst="t18750816-name-166" type="surname" value="PIZEY"/>
<interp inst="t18750816-name-166" type="given" value="JAMES"/>JAMES PIZEY</persName> </hi> (
<hi rend="italic">re-examined</hi>). This is the paper which I wrote that night. (
<hi rend="italic">The paper was put in as evidence of the manner in which it was written, but not as to its contents.</hi>)</p>
<hi rend="smallCaps">
<rs id="t18750816-433-verdict-1" type="verdictDescription">
<interp inst="t18750816-433-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18750816-433-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
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<interp inst="t18750816-434" type="date" value="18750816"/>
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<persName id="def1-434-18750816" type="defendantName">
<interp inst="def1-434-18750816" type="gender" value="male"/>
<interp inst="def1-434-18750816" type="age" value="31"/>
<interp inst="def1-434-18750816" type="surname" value="HEAVINGHAM"/>
<interp inst="def1-434-18750816" type="given" value="ALFRED"/>
<hi rend="largeCaps">ALFRED HEAVINGHAM</hi> (31)</persName>
<rs id="t18750816-434-offence-1" type="offenceDescription">
<interp inst="t18750816-434-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18750816-434-offence-1" type="offenceSubcategory" value="wounding"/>, Unlawfully assaulting
<persName id="t18750816-name-168" type="victimName">
<interp inst="t18750816-name-168" type="gender" value="female"/>
<interp inst="t18750816-name-168" type="surname" value="BROWN"/>
<interp inst="t18750816-name-168" type="given" value="HANNAH"/>
<join result="offenceVictim" targOrder="Y" targets="t18750816-434-offence-1 t18750816-name-168"/>Hannah Brown</persName> and causing her actual bodily harm.
<hi rend="italic">Second Count</hi>—for a like assault upon
<persName id="t18750816-name-169" type="victimName">
<interp inst="t18750816-name-169" type="gender" value="male"/>
<interp inst="t18750816-name-169" type="surname" value="WHITE"/>
<interp inst="t18750816-name-169" type="given" value="RICHARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18750816-434-offence-1 t18750816-name-169"/>Richard White</persName>.
<hi rend="italic">Second Count</hi>—for a like assault upon
<persName id="t18750816-name-170" type="victimName">
<interp inst="t18750816-name-170" type="gender" value="female"/>
<interp inst="t18750816-name-170" type="surname" value="PIZEY"/>
<interp inst="t18750816-name-170" type="given" value="ANN"/>
<join result="offenceVictim" targOrder="Y" targets="t18750816-434-offence-1 t18750816-name-170"/>Ann Pizey</persName>.</rs> </p>
<hi rend="smallCaps">MESSRS. HARRIS</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">DIXON</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="smallCaps">
<persName id="t18750816-name-171" type="witnessName">
<interp inst="t18750816-name-171" type="gender" value="female"/>
<interp inst="t18750816-name-171" type="surname" value="BROWN"/>
<interp inst="t18750816-name-171" type="given" value="HANNAH"/>HANNAH BROWN</persName> </hi>. I am the wife of Edward Brown, a cabman, of 11, Castle Street, Horseferry Road—on the morning of 7th July, between 1 and 2 o'clock, I was in the Horseferry Road and saw Richard Hicks in the custody of two constables—the prisoner was standing in the road—I asked him what the matter was, and he hit me a blow with his hand which cut my lips top and bottom—my mother, Mary Ann Hill, and my sister, Mrs. Hicks, were there—my mother said "Oh, my God, what did you hit my child for like that"—he then struck my mother, she had given him no pro
<lb/>vocation—I said to her "We will go and report him at the station"—I walked to the station with her, and when we got between Austin Road and Earl Street he knocked my bonnet off and told me to mind I did not lose my comb—my mother stepped back and we walked as far as Mr. Bovett's yard where he heard me say that I should go to the station, and he gave</p>
<xptr type="pageFacsimile" doc="187508160046"/>
<p>me a blow at the side of my face which knocked me down and my mother as well on the top of me—I did not go to the station, I went no further—I was out at that time of the morning because we had been to see my other sister, Elizabeth Hicks, who had just been confined—she is another brother's wife—I did not go to the station to make the charge, till the next morning.</p>
<hi rend="italic">Cross-examined.</hi> I went to the Magistrate the nest morning,' that was after my brother-in-law, Hicks, was in custody for assaulting the police—I live in the same house with my mother and sister-in-law; Mr. Hicks lives at 101, Praed Street—when I came up, my sister was in the custody of another policeman, and upon my asking him quietly what was the matter, he struck me a violent blow on my mouth with no provocation at all—he had his uniform on and I knew he was on duty—Hicks was going quietly with the constable, and thirty or forty people were following—I saw Hicks struck by the policeman but not by the sergeant—I did not see the sergeant Hicks was going quietly, he did nothing to provoke it that I saw—my mother also was knocked down without provocation—I should say if the policeman was not drunk he was mad—I don't know what Hicks was taken for, he was orderly and quiet, and so were the rest of the people as far as I saw—I had not been out with Hicks that night—I did not ask him what was the matter, nor did his wife, or mother-in-law—he is a cabdriver—I did not see Pizey that night, Mrs. Pizey was not with me, but I saw her after she came
<hi rend="italic">from the</hi> station—I did not see her struck—there were several people there—I did not see the sergeant draw his staff—I did not hear a cabman say "The b----is drunk, I should like to have him in the square and I would give him a b----good hiding"—my husband was not in the crowd, he was at home when I got home—he did not go the station—I went there next morning with my mother—I did not hear a cabman say "I have a mark on you you b----and I will do for some of you"—there was no shouting in the Horseferry Road—I call forty people a crowd—they smacked Hicks' face and I said "Go quietly or you will be killed."</p>
<hi rend="italic">Q.</hi> I thought you said just now that you did not speak to him?
<hi rend="italic">A.</hi> Not at first, it was afterwards, when they brought him to the station—I attended the police-court on every occasion—I have not seen much of the cabman since I saw him there on the case—the other cabmen are no acquaintances of mine or my husband, they do not work in tie same yard as my husband.</p>
<hi rend="italic">Re-examined.</hi> The prisoner had struck me before I said "Go quietly or you will be killed"—I had my bonnet knocked off at the top of Horseferry Road; both my lips were bleeding—Hicks was two or three yards off when I came up to the sergeant, and when I saw who it was I asked what was the matter—the prisoner seemed as if he did not know what he was doing; whether he was drunk I cannot say.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-172" type="witnessName">
<interp inst="t18750816-name-172" type="gender" value="female"/>
<interp inst="t18750816-name-172" type="surname" value="HILL"/>
<interp inst="t18750816-name-172" type="given" value="MARY ANN"/>MARY ANN HILL</persName> </hi>. I am a widow, and am the mother of the last wit
<lb/>ness—on 7th July I went with her to a daughter of mine who was confined—I
<hi rend="italic">left</hi> her between 1 and 2 o'clock and went to the Horseferry Road, where I saw Hicks in the custody of two constables—I asked the prisoner what my son-in-law had done, and he gave me a blow in the face and her too, and they beat my son-in-law on his face very much—Mrs. Brown and I walked on further to the burying ground, when the prisoner struck me in the face again, and when we got to the cab stand I had the last blow—at Albert Terrace he struck my daughter and knocked her down, and he struck me</p>
<xptr type="pageFacsimile" doc="187508160047"/>
<p>a blow and knocked me on top of her—two cabmen came out of the yard and picked us up—I said we will go to the station; the cabmen begged us not, but my daughter went next morning—the prisoner was almost mad I think.</p>
<hi rend="italic">Cross-examined.</hi> Only seven or eight people were following my son, and they ware going quietly—when I came up, the first thing I saw was Hicks being struck in a brutal manner by the police—he went quietly—my daughter asked the sergeant what was the matter and he struck her in the mouth—I was knocked down twice by his fist, not with his staff—he struck my daughter as hard as he could, and he struck me so as to fell me to the ground—no bad language was used by the cabman or the people.</p>
<hi rend="italic">Re-examined.</hi> I did not count the people, I was in too much trouble.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-173" type="witnessName">
<interp inst="t18750816-name-173" type="gender" value="male"/>
<interp inst="t18750816-name-173" type="surname" value="BRUNNING"/>
<interp inst="t18750816-name-173" type="given" value="JOHN"/>JOHN BRUNNING</persName> </hi>. I am a cabman—I was in the Horseferry Road, on this morning between 1 and 2 o'clock, and saw a man in the custody of the police—I saw the defendant behind, and I saw him strike Mrs. Brown on the mouth and knock her down on the pavement—when they picked her up the blood came from her mouth—I did not hear her give any provocation—when they got to Vincent Square, the defendant struck Brown, Baxter, and White; they did not provoke him—I think he struck White on the hat first, with his staff—I should say the defendant was drunk.</p>
<hi rend="italic">Cross-examined.</hi> Brown and I are both cabmen—there was no interference with the police, no disorder, and no crowd, only six or seven people—he drew his staff in Vincent Square, that is at the back of the station—he hit White without the slightest provocation, and conducted himself
<hi rend="italic">more</hi> like a madman than a rational being—I did not go into the station—the first I saw was by Downey's Yard, that is coming, from 'Horseferry Road towards the station—I did not say before the Magistrate that it was 150 yards from the Brown Bear—I do not know where the Brown Bear is or the White Hart—I knew Hicks by sight—I know Brown, White and Baxter—I did not say that I should Eke to have him in the square to give him be—good hiding—there were a good many people round the station door—I did not hear him say at the station "My number is
<hi rend="italic">B</hi> 11, if you have any complaint against me make it inside the station"—I pledge my oath that I never heard him say "My number is
<hi rend="italic">B</hi> 11," and I do not believe I swore so before the Magistrate—I did not hear a man say "I have a mark on you, you b----, I will do for some of you yet"—Hicks was on before me—I never heard him speak at all—there was a great crowd at the station—I swore before the Magistrate "There was not a great crowd outside the police-station, about ten or a dozen"—I don't complain of being assaulted—I have not subscribed to the prosecution or promised to—I do not know of any subscription to prosecute this sergeant; it was not got up by sub
<lb/>scription I don't believe; it might be by a society—I mean the cabmens' society—I don't know what society it is, it is called "The society," I sup
<lb/>pose it is the union—I do not know whether it is prosecuted by the cab
<hi rend="smallCaps">
<persName id="t18750816-name-174" type="witnessName">
<interp inst="t18750816-name-174" type="gender" value="male"/>
<interp inst="t18750816-name-174" type="surname" value="WOOLLEY"/>
<interp inst="t18750816-name-174" type="given" value="JOHN"/>JOHN WOOLLEY</persName> </hi>. I am a cab driver, of 18, Stanley Street, Pimlico—I drive for Mr. Cutting—on the 7th July, between 1 and 2 o'clock in the morning, I was in the Horseferry Road, and saw Hicks in the custody of two constables, and the sergeant following four or five yards behind, and when they got to the corner of Downey's Yard, two females were following, and begging the sergeant to let the man go, and he turned round and struck one of them, Mrs. Brown, a deliberate blow and knocked "her down</p>
<xptr type="pageFacsimile" doc="187508160048"/>
<p>—the old lady said, that he ought to be ashamed of himself, and he violently pushed her on the top of her—I did not know Mrs. Brown or Mrs. Hill before—I told the sergeant that he ought to be ashamed of him-self, and he wanted to know what it was to do with me, and asked me if I could fight—I stood back and said nothing; I went back and spoke to the women—I stopped with them ten minutes or so, and then went home.</p>
<hi rend="italic">Cross-examined.</hi> I went by the station, but I did not make any com
<lb/>plaint—I have paid the solicitor a part out of kindness, and all that are concerned in the case have paid—I suppose Brunning has paid his share and the rest of them—I do not know a man named Reed, but he has been pointed out to me—I collected money from all who were concerned in the case—when I saw Reed before the Magistrate—I did not say "I ought to get 2
<hi rend="italic">l</hi>. to prosecute the b----scamp, and I mean to get it"—Brunning gave me a sovereign, and several others gave me money—am I compelled to tell who paid—I cannot tell you—I received nothing from White, Baxter, Brown, or Smith—my own cabmen would give something towards it—I collected enough to pay the Counsel, somewhere about 15
<hi rend="italic">l</hi>.; I gave 2
<hi rend="italic">l</hi>. myself—the others were all cabmen—I did not see the staff drawn—I went to the station on my way home, it was all quiet then—there was no crowd, but I may have met one or two—there were only seven or eight people at Downey's Yard—the subscriptions did not also go to pay for Tillman's prosecution—I do not know whether Mr. Pizey paid anything or not—I was not asked in the Court whether Tillman's case should go for trial or not.</p>
<hi rend="italic">Re-examined.</hi> The subscription was to raise a fund for the prosecution, because we could not pay it ourselves—I paid nothing towards Tillman's prose
<lb/>cution—there is a cabman's association for our mutual protection—this was paid for by every member of the association independently of the associa
<lb/>tion—I have no doubt whatever that I saw the woman knocked down—I have no feeling, but that of seeing justice done—I don't know why I should have any feeling against the police, I depend upon them for my license—I kept a written account of the sums I received, but I have not got it with me—I know the persons who have subscribed, but I cannot tell them all.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-175" type="witnessName">
<interp inst="t18750816-name-175" type="gender" value="male"/>
<interp inst="t18750816-name-175" type="surname" value="WHITE"/>
<interp inst="t18750816-name-175" type="given" value="RICHARD"/>RICHARD WHITE</persName> </hi>. I am a cabdriver, of Hendon Place, Pimlico—on 7th July in the morning I was in Horseferry Road, I had just put up my cab—I heard shouting, and went to see what was the matter; I saw two cons
<lb/>tables taking Hicks in custody, and saw the sergeant knock a woman down—she was a little short woman, Mrs. Brown, I believe—I can't say whether she had provoked him—I did nothing—I went towards home, and on our way the sergeant came running round Vincent Square and asked us whether we knew anything about the case, we said "No," and he struck a cabman on his mouth with his fist, whose name is Brown, and then he drew his staff and struck me on the shoulder—I was going to the station to make a report and the sergeant was outside, I said "This is the man that
<hi rend="italic">done</hi> it," and he pitched, into me right and left—the other constable persuaded me to go home and come again in the morning, and I went home, and next day I went before the Magistrate at Rochester Row and made a complaint.</p>
<hi rend="italic">Cross-examined.</hi> I was knocked about a good deal with the staff, but I had on my big coat—my coat did not go round my head; he broke my head—he was thoroughly intoxicated—I did not see any crowd—no bad language or violence was used by me—I am one of the prosecutors, I have not collected any money for the prosecution or given any—I do not know</p>
<xptr type="pageFacsimile" doc="187508160049"/>
<p>who has—I have not enquired—I know Brunning—I do not know whether he has subscribed—he was a cabman in the same yard, but he is not now—Woolley is a cabman, but not in the same yard—I use Knightsbridge, and he uses Ebury Bridge—I have seen him during the remands, but have not discussed the case with him, and never heard of any subscription—I have not heard of the cabmen's society subscription; they have not asked me yet—I do not expect to have to give anything now—I said before the Mag
<lb/>istrate "The sergeant ran after Baxter, one of the four, with his staff out up Warwick Street;" he was like the rest he had given no provocation, no
<lb/>body had—I did not see Hicks knocked about by the police, but I saw him shook—he was going quietly, like a lamb—I was outside the station and heard the sergeant say "My number is 11 B, do what you like"—he did not say "My number is 11
<hi rend="italic">B</hi>, if you have any complaint against me go into the station"—I heard no bad language used by the prisoner.</p>
<hi rend="italic">Re-examined.</hi> I went to the station to make a report and that man (
<hi rend="italic">Gay</hi> 12 B), who was at the door said "You can't get in"—I said that I was going to make a report against Sergeant 11
<hi rend="italic">B</hi> for an assault, and Gay said that there was no inspector present to take the charge, but the sergeant came up at the time and he went to my right and left and said "We won't use any sticks, I will have my fists, I am as good "a man as you without my coat—he went at me—he was either intoxicated, or mad, or excited—I go by his manner.</p>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>.
<hi rend="italic">Q.</hi> Did you say before the Magistrate "The de
<lb/>fendant said we were all b----thieves, and we had no business out at that time?"
<hi rend="italic">A.</hi> Yes—that is bad language.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-176" type="witnessName">
<interp inst="t18750816-name-176" type="gender" value="male"/>
<interp inst="t18750816-name-176" type="surname" value="BAXTER"/>
<interp inst="t18750816-name-176" type="given" value="CHARLES"/>CHARLES BAXTER</persName> </hi> I am a cab driver and work for Mr. Downing—on 7th July between 1 and 2 o'clock I was in Horseferry Road and saw Hicks in the custody of two constables; two women were following him, and the defendant turned round struck one of the women in the face, and knocked her down—I helped to pick her up and walked on towards home—I was going round Vincent Square and the defendant came running after us and asked what it was to do with us, and struck a cabman named Brown in the face with his fist, and he drew his staff and struck an old lady who I have not seen since—I do not know whether that is her (Mrs. Hill)—he then struck a cabman named White on the back and on the hat, and he struck me with his staff on my shoulder twice—I told him I should go round to the station and report him; he said nothing—I walked to the station and tried to get in, and he bundled me out twice—he did not strike me there only with his fist, and he chased me down Warwick Street and said "You b----thief 1 will serve you the same"—after that I went home—I heard that a complaint had been made next morning, and I thought it did not matter my going up—I have paid money to Hicks towards this prosecution—I knew him by working with him eight or nine months ago—he is no friend of mine—I have no quarrel against the police.</p>
<hi rend="italic">Cross-examined.</hi> I gave Hicks half a crown towards getting a solicitor—I heard that Woolley was collecting, he was not there when I gave it to Hicks—I did not work in the same yard as Woolley then, but I did nine months ago—Brown was struck without the least provocation—the prisoner was very excited—I have not said that he was mad drunk—I said that to the best of my belief he was drunk—I do not recognise Mrs. Hill—I did not complain of the assault; I was all blue and green—I did not see a doctor—there were only seven or eight people in Vincent Square.</p>
<xptr type="pageFacsimile" doc="187508160050"/>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. I saw him strike two women with the staff in Vincent Square, first a young and then an old woman—to the best of my belief the young one was a woman who I had seen him knock down before; he struck her in Horseferry Road with his fist, and in Vincent Square with his staff.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-177" type="witnessName">
<interp inst="t18750816-name-177" type="gender" value="female"/>
<interp inst="t18750816-name-177" type="surname" value="PIZEY"/>
<interp inst="t18750816-name-177" type="given" value="ANN"/>ANN PIZEY</persName> </hi>. I am the wife of James Pizey, a mason, of 31, Rodney Street, Westminster—on 7th July, between 1 and 2 o'clock in the morning, I was in Horseferry Road, and saw Hicks, and I afterwards saw him in custody—I knew him him, and I knew Mrs. Brown—my husband was in front with my baby, and Mr. Hicks was about crossing the road, and he stopped and said "Come along, mother" once or twice, and the two police-men came up him and shoved him—I said "Be off; get along"—he said "I am going home"—they took hold of him, and the sergeant came across and struck Hicks in the face—I said "What a shame to knock a man about like that"—he said "What has that to do with you" and he knocked me down with his hand on my chest—I was going to the station to report him and had got into Vincent Square when I saw three young men in the road—he went up to them and asked them who they were following—they said they were not following anybody, and he struck them with his staff—I cannot say whether he struck all three—he turned into Rochester Row, where he pushed me and struck me across the back of my arm with his staff—I went to the station door to go in to report him, and the policeman said that there were too many in; I could not go in then—I had a bruise from my shoulder to my elbow from the second blow—my husband had gone on with the baby—the staff did not knock me down; it descended on my shoulder, but I was knocked down in Horseferry Road—I went next morning and took out a summons by myself.</p>
<hi rend="italic">Cross-examined.</hi> My husband was quite sober—I had been into the Brown Bear two or three times that night—I came out with my husband and saw him knocked down by Tillman—he was perfectly sober—we were going home; he had been on the water, and I went to the public-house to see if he had come home, as he was rather late—I did not find him there the first time, but the second and third time I found him there—I did not go to a doctor; I did not follow Hicks from the commencement to the end—I was knocked down—there was no crowd following anybody during the whole time—the prisoner appeared either drunk or mad by the way he went on—Hicks was not conducting himself violently, but the sergeant went up and struck him violently for nothing—Hicks is no relation of mine; we do not live in the same house—I have known him something like two years there was a great crowd outside the station; there is no mistake about that—I saw the defendant draw his staff not only in Vincent Square, but in Rochester Row—he struck me for nothing at all in Rochester Row—in Vincent Square there was no one but myself and the three men watching—Hicks did not say to me outside the police-court on one of the remands "You must stick to it, and swear to it that the sergeant struck me when I was wishing my mother good night"—I recollect being outside the police-court on a rainy morning, but Hicks did not say that in the presence of that person (
<hi rend="italic">Sarah Jane Stevens</hi>); he never mentioned anything of the kind.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-178" type="witnessName">
<interp inst="t18750816-name-178" type="gender" value="male"/>
<interp inst="t18750816-name-178" type="surname" value="RAY"/>
<interp inst="t18750816-name-178" type="given" value="JOHN"/>JOHN RAY</persName> </hi>. I am a cabdriver, of 16, Guy's Buildings, Vauxhall—on the morning of 7th July I was in Rochester Row, and saw White there and a crowd—I saw the sergeant make a blow with his left hand at White, and then with his right hand—I think he made three blows at him, one after another, quick—White was standing in this attitude, as if he would either</p>
<xptr type="pageFacsimile" doc="187508160051"/>
<p>run away or face the sergeant—two gentlemen who stood by me said "What a shame," and I took their names and addresses—I kept on talking to them, and did not pay much attention, and then the crowd scattered.</p>
<hi rend="italic">Cross-examined.</hi> I said before the Magistrate "There was a tremendous mob, and he, White, stood the foremost man in the mob;" that is quite right—they were all standing round the constable, and a few. groups a little way off in Rochester Row—there might be fifty or a hundred round the sergeant—I am a cabman now, but I am not likely to be much-longer—I have not subscribed a penny to this prosecution—I have suffered enough through it without subscribing—I have heard of a subscription being got up amongst the cabmen.</p>
<hi rend="italic">Re-examined.</hi> I have suffered enough; I have been told that I shall lose my license.</p>
<hi rend="smallCaps">
<persName id="t18750816-name-179" type="witnessName">
<interp inst="t18750816-name-179" type="gender" value="male"/>
<interp inst="t18750816-name-179" type="surname" value="BROWN"/>
<interp inst="t18750816-name-179" type="given" value="WILLIAM"/>WILLIAM BROWN</persName> </hi>. I am a cabdriver, of Robert Street—I was in Horse
<lb/>ferry Road on 7th July, between 1 and 2 o'clock, and saw Hicks in custody—the first I saw was the sergeant knocking Mrs. Brown down; I saw her helped up—there was another woman there—I saw her helping her daughter up, but did not see her struck—the woman was going to the station to charge the sergeant with striking her—we persuaded her not to go till the morning, and we walked on through. Rochester Row, and when we got into Vincent Square the sergeant came behind me, Baxter, and White, and struck me deli