<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<p>Sessions Paper.</p>
<p>Short-hand Writers to the Court,</p>
<xptr type="pageFacsimile" doc="187601310002"/>
<p>On the Queen's Commission of</p>
<p>The City of London,</p>
<p>OF THE</p>
<p>Held on Monday, January 31st, 1876, and following days,</p>
<hi rend="smallCaps">BEFORE THE RIGHT HON</hi>.
<hi rend="largeCaps">
<persName id="t18760131-name-1" type="judiciaryName">
<interp inst="t18760131-name-1" type="gender" value="male"/>
<interp inst="t18760131-name-1" type="surname" value="COTTON"/>
<interp inst="t18760131-name-1" type="given" value="WILLIAM JAMES RICHMOND"/>WILLIAM JAMES RICHMOND COTTON</persName> </hi>, M.P.,
<hi rend="largeCaps">LORD MAYOR</hi> of the City of London; The Hon. Sir
<hi rend="smallCaps">WILLIAM BALIOL BRETT</hi>, Knt., one of the Justices of Her Majesty's Court of Common Pleas; The Hon. Sir
<hi rend="smallCaps">WILLIAM VENTRIS FIELD</hi>, Knt, one of the Justices of Her Majesty's Court of Queen's Bench; Sir
<hi rend="smallCaps">
<persName id="t18760131-name-2" type="judiciaryName">
<interp inst="t18760131-name-2" type="gender" value="male"/>
<interp inst="t18760131-name-2" type="surname" value="CARDEN"/>
<interp inst="t18760131-name-2" type="given" value="ROBERT WALTER"/>ROBERT WALTER CARDEN</persName> </hi>, Knt.,
<persName id="t18760131-name-3" type="judiciaryName">
<interp inst="t18760131-name-3" type="gender" value="male"/>
<interp inst="t18760131-name-3" type="surname" value="BESLET"/>
<interp inst="t18760131-name-3" type="given" value="ROBERT"/>
<hi rend="smallCaps">ROBERT BESLET</hi> </persName>, Esq.,
<persName id="t18760131-name-4" type="judiciaryName">
<interp inst="t18760131-name-4" type="gender" value="male"/>
<interp inst="t18760131-name-4" type="surname" value="OWDEN"/>
<interp inst="t18760131-name-4" type="given" value="THOMAS SCRAMBLER"/>
<hi rend="smallCaps">THOMAS SCAMBLER OWDEN</hi> </persName>, Esq.,
<hi rend="smallCaps">
<persName id="t18760131-name-5" type="judiciaryName">
<interp inst="t18760131-name-5" type="gender" value="male"/>
<interp inst="t18760131-name-5" type="surname" value="MCARTHUR"/>
<interp inst="t18760131-name-5" type="given" value="WILLIAM"/>WILLIAM MCARTHUR</persName> </hi>, Esq., M.P., and
<hi rend="smallCaps">
<persName id="t18760131-name-6" type="judiciaryName">
<interp inst="t18760131-name-6" type="gender" value="male"/>
<interp inst="t18760131-name-6" type="surname" value="NOTTAGE"/>
<interp inst="t18760131-name-6" type="given" value="GEORGE SWAN"/>GEORGE SWAN NOTTAGE</persName> </hi>, Esq., Aldermen of the said City; Sir
<hi rend="smallCaps">
<persName id="t18760131-name-7" type="judiciaryName">
<interp inst="t18760131-name-7" type="gender" value="male"/>
<interp inst="t18760131-name-7" type="surname" value="CHAMBERS"/>
<interp inst="t18760131-name-7" 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="t18760131-name-8" type="judiciaryName">
<interp inst="t18760131-name-8" type="gender" value="male"/>
<interp inst="t18760131-name-8" type="surname" value="KERR"/>
<interp inst="t18760131-name-8" type="given" value="ROBERT MALCOLM"/>ROBERT MALCOLM KERR</persName> </hi>, Esq., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-9" type="judiciaryName">
<interp inst="t18760131-name-9" type="gender" value="male"/>
<interp inst="t18760131-name-9" type="surname" value="KNIGHT"/>
<interp inst="t18760131-name-9" type="given" value="HENRY EDMUND"/>HENRY EDMUND KNIGHT</persName> </hi>, Esq., Alderman.</p>
<persName id="t18760131-name-10" type="judiciaryName">
<interp inst="t18760131-name-10" type="gender" value="male"/>
<interp inst="t18760131-name-10" type="surname" value=""/>
<interp inst="t18760131-name-10" type="given" value="EDGAR BREFFIT"/>
<hi rend="smallCaps">EDGAR BREFFIT</hi> </persName>, Esq.</p>
<hi rend="italic">Sheriffs.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760131-name-11" type="judiciaryName">
<interp inst="t18760131-name-11" type="gender" value="male"/>
<interp inst="t18760131-name-11" type="surname" value="BAYLIS"/>
<interp inst="t18760131-name-11" type="given" value="EDGAR ALEXANDER"/>EDGAR ALEXANDER BAYLIS</persName> </hi>, Esq.</p>
<persName id="t18760131-name-12" type="judiciaryName">
<interp inst="t18760131-name-12" type="gender" value="male"/>
<interp inst="t18760131-name-12" type="surname" value="CRAWFORD"/>
<interp inst="t18760131-name-12" type="given" value="HENRY HOMEWOOD"/>
<hi rend="smallCaps">HENRY HOMEWOOD CRAWFORD</hi> </persName> Esq.</p>
<hi rend="italic">Under-Sheriffs.</hi> </p>
<xptr type="pageFacsimile" doc="187601310003"/>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<hi rend="largeCaps">COTTON, MAYOR. FOURTH 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">NEW COURT</hi>.—
<hi rend="italic">Monday, January</hi> 31
<hi rend="italic">st</hi>, 1876.</p>
<hi rend="italic">Before
<persName id="t18760131-name-13" type="judiciaryName">
<interp inst="t18760131-name-13" type="gender" value="male"/>
<interp inst="t18760131-name-13" type="surname" value="KERR"/>
<interp inst="t18760131-name-13" type="given" value="ROBERT MALCOLM"/>Robert Malcolm Kerr</persName>, Esq.</hi> </p>
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<persName id="def1-149-18760131" type="defendantName">
<interp inst="def1-149-18760131" type="gender" value="male"/>
<interp inst="def1-149-18760131" type="age" value="21"/>
<interp inst="def1-149-18760131" type="surname" value="PEARSON"/>
<interp inst="def1-149-18760131" type="given" value="EDWARD"/>
<hi rend="largeCaps">EDWARD PEARSON</hi> (21)</persName>,
<hi rend="smallCaps">
<rs id="t18760131-149-verdict-1" type="verdictDescription">
<interp inst="t18760131-149-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760131-149-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18760131-149-offence-1" type="offenceDescription">
<interp inst="t18760131-149-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18760131-149-offence-1" type="offenceSubcategory" value="coiningOffences"/> to unlawfully utter ing 5 medals resembling sovereigns with intent to defraud—</rs>
<hi rend="italic">
<rs id="t18760131-149-punishment-1" type="punishmentDescription">
<interp inst="t18760131-149-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t18760131-149-punishment-1" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-149-18760131 t18760131-149-punishment-1"/>Eighteen Months' Imprisonment.</rs> </hi> </p> </div1>
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<persName id="def1-150-18760131" type="defendantName">
<interp inst="def1-150-18760131" type="gender" value="male"/>
<interp inst="def1-150-18760131" type="age" value="26"/>
<interp inst="def1-150-18760131" type="surname" value="CLARKE"/>
<interp inst="def1-150-18760131" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM CLARKE</hi> (26)</persName>
<rs id="t18760131-150-offence-1" type="offenceDescription">
<interp inst="t18760131-150-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18760131-150-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering a counterfeit florin to
<persName id="t18760131-name-16" type="victimName">
<interp inst="t18760131-name-16" type="gender" value="female"/>
<interp inst="t18760131-name-16" type="surname" value="WILLIAMS"/>
<interp inst="t18760131-name-16" type="given" value="SARAH ANN"/>
<interp inst="t18760131-name-16" type="occupation" value="publican's wife"/>
<join result="offenceVictim" targOrder="Y" targets="t18760131-150-offence-1 t18760131-name-16"/>Sarah Ann Williams</persName>.
<hi rend="italic">Second Count</hi>—uttering another counterfeit florin to
<persName id="t18760131-name-17" type="victimName">
<interp inst="t18760131-name-17" type="gender" value="male"/>
<interp inst="t18760131-name-17" type="surname" value="TURNER"/>
<interp inst="t18760131-name-17" type="given" value="WILLIAM"/>
<interp inst="t18760131-name-17" type="occupation" value="publican"/>
<join result="offenceVictim" targOrder="Y" targets="t18760131-150-offence-1 t18760131-name-17"/>william Turner</persName>.</rs>
<hi rend="smallCaps">MR. CRAUFURD</hi>
<hi rend="italic">conducted the. Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760131-name-18" type="witnessName">
<interp inst="t18760131-name-18" type="gender" value="female"/>
<interp inst="t18760131-name-18" type="surname" value="WILLIAMS"/>
<interp inst="t18760131-name-18" type="given" value="SARAH ANN"/>SARAH ANN WILLIAMS</persName> </hi>. My husband keeps the Crown, at Twicken
<lb/>ham on 11th January, about 3 p.m., I served the prisoner with 2
<hi rend="italic">d</hi>. worth of gin—he handed me a florin—I told him it was bad—he said "Is it"—I said "Yes, there are a great many about, and I must be careful"—I took it to my husband, and gave the prisoner in charge.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> I did not put it in the till, it was never out of my hand till I gave it to my husband.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-19" type="witnessName">
<interp inst="t18760131-name-19" type="gender" value="male"/>
<interp inst="t18760131-name-19" type="surname" value="WILLIAMS"/>
<interp inst="t18760131-name-19" type="given" value="JOHN"/>JOHN WILLIAMS</persName> </hi>. My wife handed me this coin—I went to the prisoner, and told him he had made a mistake, and come to the wrong house that time—I gave him in charge with the florin.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> My wife did not hand me the florin out of the till.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-20" type="witnessName">
<interp inst="t18760131-name-20" type="gender" value="male"/>
<interp inst="t18760131-name-20" type="surname" value="TURNER"/>
<interp inst="t18760131-name-20" type="given" value="WILLIAM"/>WILLIAM TURNER</persName> </hi>. I keep the Royal Oak, at Camberwell, about a quarter of a mile from the Crown—on 11th January about 2.40 I served the prisoner with two penny cigars—he gave me a florin, and asked for a-lucifer—he saw me trying it in the detector—I made a dent in it, and gave him 1
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>. change—I put the florin on the shelf—I afterwards looked out at the door, and saw him with another man, and a third a little further on—I shortly afterwards gave him in custody with the second florin.</p>
<hi rend="italic">Cross-examined.</hi> I did not stop you at first, becase I was not quite certain it was bad—my wife afterwards placed it by the side of another, and yours was found to be bad.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-21" type="witnessName">
<interp inst="t18760131-name-21" type="gender" value="male"/>
<interp inst="t18760131-name-21" type="surname" value="HOBBS"/>
<interp inst="t18760131-name-21" type="given" value="CHRISTOPHER"/>CHRISTOPHER HOBBS</persName> </hi> (
<hi rend="italic">Policeman T</hi> 205). I received the florin, and took</p>
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<p>the prisoner—he was told the charge—he did not deny it—I found on him 2
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>. good money—I took him to the station, and as we passed the Royal Oak Turner spoke to me, told me in the prisoner's hearing that he had passed a bad florin there, and handed me this florin (
<hi rend="italic">produced</hi>)—he said that he had not been in the house, but Turner said that he was the man.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-22" type="witnessName">
<interp inst="t18760131-name-22" type="gender" value="male"/>
<interp inst="t18760131-name-22" type="surname" value="WEBSTBK"/>
<interp inst="t18760131-name-22" type="given" value="WILLIAM"/>WILLIAM WEBSTBK</persName> </hi>. I am Inspector of Coin to Her Majesty's Mint, these florins are bad, and from the same mould.</p>
<hi rend="smallCaps">
<rs id="t18760131-150-verdict-1" type="verdictDescription">
<interp inst="t18760131-150-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760131-150-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">He was further charged with a previous conviction for felony in October</hi>, 1874,
<hi rend="italic">to which he</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>**—
<rs id="t18760131-150-punishment-2" type="punishmentDescription">
<interp inst="t18760131-150-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18760131-150-punishment-2" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-150-18760131 t18760131-150-punishment-2"/>
<hi rend="italic">Twelve Months' Im
<lb/>prisonment.</hi> </rs> </p> </div1>
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<join result="criminalCharge" id="t18760131-151-charge-2" targOrder="Y" targets="def2-151-18760131 t18760131-151-offence-1 t18760131-151-verdict-1"/>
<persName id="def1-151-18760131" type="defendantName">
<interp inst="def1-151-18760131" type="gender" value="male"/>
<interp inst="def1-151-18760131" type="age" value="21"/>
<interp inst="def1-151-18760131" type="surname" value="SMITH"/>
<interp inst="def1-151-18760131" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN SMITH</hi> (21)</persName>,
<hi rend="italic">and</hi>
<persName id="def2-151-18760131" type="defendantName">
<interp inst="def2-151-18760131" type="gender" value="male"/>
<interp inst="def2-151-18760131" type="age" value="29"/>
<interp inst="def2-151-18760131" type="surname" value="ROBINSON"/>
<interp inst="def2-151-18760131" type="given" value="JOSEPH"/>
<hi rend="largeCaps">JOSEPH ROBINSON</hi> (29)</persName>, were indicted for
<rs id="t18760131-151-offence-1" type="offenceDescription">
<interp inst="t18760131-151-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18760131-151-offence-1" type="offenceSubcategory" value="coiningOffences"/> a like offence.</rs> </p>
<hi rend="smallCaps">MR. CRAUFURD</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760131-name-25" type="witnessName">
<interp inst="t18760131-name-25" type="gender" value="female"/>
<interp inst="t18760131-name-25" type="surname" value="HARRISSON"/>
<interp inst="t18760131-name-25" type="given" value="MARY ANN"/>MARY ANN HARRISSON</persName> </hi>. My husband is a carpenter, and I keep a tobacco
<lb/>nist's shop at Fulham—on 18th January about 5.20 I served Robinson with half an ounce of tobacco which came to 2
<hi rend="italic">d</hi>.—he put down 1
<hi rend="italic">s</hi>., and I gave him 6
<hi rend="italic">d</hi>. and id. change, and he left—as he left my little boy was coming in, and I gave it to him to take it next door, and get it tested—he brought it back bent—I was then at the Princess Royal, and I said to Robinson who was there "You are the man who gave me the bad shilling"—I think he said that he did not, Smith was with him—I gave them in charge with the shilling.</p>
<hi rend="italic">Cross-examined by Robinson.</hi> I am sure you are the man who was in the' shop.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-26" type="witnessName">
<interp inst="t18760131-name-26" type="gender" value="male"/>
<interp inst="t18760131-name-26" type="surname" value="HARRISSON"/>
<interp inst="t18760131-name-26" type="given" value="GEORGE FREDERICK"/>GEORGE FREDERICK HARRISSON</persName> </hi>. I am a son of the last witness—she gave me this shilling and I took it next door, and saw it tried and bent in a tester—my mother told me to run after the man, aad I did so.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-27" type="witnessName">
<interp inst="t18760131-name-27" type="gender" value="male"/>
<interp inst="t18760131-name-27" type="surname" value="KIRBY"/>
<interp inst="t18760131-name-27" type="given" value="WILLIAM"/>WILLIAM KIRBY</persName> </hi>. I keep the Prince of Wales at Walham Green—on 18th January about 5.20 I served Smith with half a pint of beer—he gave me 1
<hi rend="italic">s</hi>.—I tried it with my teeth, and found it bad—I could tell by the grit—I told him it was bad—he said that he did not know it—I sent for a constable, and in the meantime Robinson came in and spoke to him, but I could not hear what he said—Mrs. Harrison followed Robinson in, and said "You are the man who gave me a bad shilling for half an ounce of tobacco"—he said that he had not been to the shop—I gave the bad shilling to the constable.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-28" type="witnessName">
<interp inst="t18760131-name-28" type="gender" value="male"/>
<interp inst="t18760131-name-28" type="surname" value="WEBB"/>
<interp inst="t18760131-name-28" type="given" value="WILLIAM"/>WILLIAM WEBB</persName> </hi>. I am a dairyman at Blantyre Street, Chelsea—on 18th January between 5 and 6 o'clock I was in the bar of the Princess Royal on the other side of a partition, and heard the landlord say "This won't do, this is bad, this is the second I have taken to-day"—I ran round to the door, and saw Smith—the landlord sent for a constable, and in the meantime Robinson came in, and called for half a pint of porter, he went up to Smith and said "Holloa old fellow" Smith said "Holloa"—I did not hear anything else—I saw Mrs. Harrison come in, and saw the prisoner taken—I knew them as companions for a considerable time hawking turnips and carrots with a barrow, they are always together.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-29" type="witnessName">
<interp inst="t18760131-name-29" type="gender" value="male"/>
<interp inst="t18760131-name-29" type="surname" value="TITMARSH"/>
<interp inst="t18760131-name-29" type="given" value="JOHN"/>JOHN TITMARSH</persName> </hi>. I am a bricklayer of Holbrook Cottages, Walham Green—on 18th January, between 5 and 6 o'clock, I was in the Princess Royal, and saw Smith come in for Rome tobacco and beer, be gave a bad shilling, and five minutes afterwards Robinson came in for half a pint of beer, he went up to Smith and asked if it was all right—Smith shook his</p>
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<p>head—Mrs. Harrisson then came in, and said that he had given her a bad shilling, and they were given in custody.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-30" type="witnessName">
<interp inst="t18760131-name-30" type="gender" value="male"/>
<interp inst="t18760131-name-30" type="surname" value="FOX"/>
<interp inst="t18760131-name-30" type="given" value="WILLIAM CHARLES"/>WILLIAM CHARLES FOX</persName> </hi>. I am a waterman of 36, Riley Street,
<hi rend="italic">Cee</hi> morne, and ray father keeps the Ship—on 22nd November, between 11 and 12 o'clock the prisoners came there, and Robinson asked for half an ounce of tobacco, and put down a florin—I said "This is a bad one," he said "No it is not, I took it from the gas factory"—I said "I have got no change, will you go next door for it"—he said "Never mind, give me coppers"—I gave him the change in coppers, and put the florin on a corner of the shelf; I showed it to my father when he came home, and marked it—this florin produced is not the same. (
<hi rend="italic">Officer No. J</hi> 355
<hi rend="italic">stated that this was the florin the father gave him</hi>). I have seen the prisoners going about together.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-31" type="witnessName">
<interp inst="t18760131-name-31" type="gender" value="male"/>
<interp inst="t18760131-name-31" type="surname" value="HASWELL"/>
<interp inst="t18760131-name-31" type="given" value="WILLIAM"/>WILLIAM HASWELL</persName> </hi> (
<hi rend="italic">Policeman J</hi> 47). On 22nd November I was at the station when the last witness and his father came there and gave informa
<lb/>tion—the florin was produced, and I told the father he had better mark it and keep it—he did not do so in my presence, he took it home—he is not here.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-32" type="witnessName">
<interp inst="t18760131-name-32" type="gender" value="male"/>
<interp inst="t18760131-name-32" type="surname" value="JONES"/>
<interp inst="t18760131-name-32" type="given" value="WILLIAM"/>WILLIAM JONES</persName> </hi>. I keep a coffee stall, and live at Flood Street, Chelsea—I have frequently seen the prisoners pass my stall of a morning—about two months ago Robinson came to my stall about 4 o'clock, and I served him with a cup of coffee and a piece of cake which came to 1
<hi rend="italic">d</hi>., he gave me a florin, I put it to my teeth, and said "This is a bad one, please put that coffee and cake down"—he said "No, I will pay for it," and he gave me 1
<hi rend="italic">d</hi>. and took the florin back—I said "You are the man who gave me a bad shilling six or eight months ago"—he said "No."</p>
<hi rend="smallCaps">
<persName id="t18760131-name-33" type="witnessName">
<interp inst="t18760131-name-33" type="gender" value="male"/>
<interp inst="t18760131-name-33" type="surname" value="SMITH"/>
<interp inst="t18760131-name-33" type="given" value="GEORGE"/>GEORGE SMITH</persName> </hi> (
<hi rend="italic">Policeman J</hi> 96). I was called to the Princess Royal, and found the prisoner there—Mr. Kirby gave Smith in charge, and gave me this shilling (
<hi rend="italic">produced</hi>)—Smith said that he was not aware it was bad, he had taken it for wages—I found on him 1
<hi rend="italic">s</hi>. 1 1/2
<hi rend="italic">d</hi>.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-34" type="witnessName">
<interp inst="t18760131-name-34" type="gender" value="male"/>
<interp inst="t18760131-name-34" type="surname" value="COLLINS"/>
<interp inst="t18760131-name-34" type="given" value="CHARLES"/>CHARLES COLLINS</persName> </hi>. I was called to the Princess Royal, and Mrs. Harrisson gave Robinson into my custody with the shilling (
<hi rend="italic">produced</hi>)—I found on him four sixpences, a shilling, and 14
<hi rend="italic">d</hi>. in bronze—all good.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-35" type="witnessName">
<interp inst="t18760131-name-35" type="gender" value="male"/>
<interp inst="t18760131-name-35" type="surname" value="WESTON"/>
<interp inst="t18760131-name-35" type="given" value="RALPH"/>RALPH WESTON</persName> </hi>. I am a grocer of 81, Chenies Street, Chelsea—I have seen the prisoners frequently together—on a Saturday night about two months ago, about 10 p.m. I served Robinson with some cheese—he gave me a bad half-crown—I told him it was bad; it bent easily—I after
<lb/>wards described him to a constable.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-36" type="witnessName">
<interp inst="t18760131-name-36" type="gender" value="male"/>
<interp inst="t18760131-name-36" type="surname" value="WEBSTER"/>
<interp inst="t18760131-name-36" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This florin is bad; these two shillings are also bad and from the same mould.</p>
<hi rend="italic">Smith's Defence.</hi> Iam continually about with Robinson, but I was not with him on the night he went into the public house; it is the first bad. shilling I ever had in my life.</p>
<hi rend="smallCaps">
<rs id="t18760131-151-verdict-1" type="verdictDescription">
<interp inst="t18760131-151-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760131-151-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>**—
<hi rend="italic">They both</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to previous convictions, Smith at Clerkenwell in April</hi>, 1874,
<hi rend="italic">and Robinson at this Court in December</hi>, 1870—
<hi rend="italic">
<rs id="t18760131-151-punishment-3" type="punishmentDescription">
<interp inst="t18760131-151-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18760131-151-punishment-3" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-151-18760131 t18760131-151-punishment-3"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-151-18760131 t18760131-151-punishment-3"/>Two Years' Imprisonment each</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18760131-152">
<interp inst="t18760131-152" type="uri" value="sessionsPapers/18760131"/>
<interp inst="t18760131-152" type="date" value="18760131"/>
<join result="criminalCharge" id="t18760131-152-charge-1" targOrder="Y" targets="def1-152-18760131 t18760131-152-offence-1 t18760131-152-verdict-1"/>
<join result="criminalCharge" id="t18760131-152-charge-2" targOrder="Y" targets="def2-152-18760131 t18760131-152-offence-1 t18760131-152-verdict-1"/>
<join result="criminalCharge" id="t18760131-152-charge-3" targOrder="Y" targets="def3-152-18760131 t18760131-152-offence-1 t18760131-152-verdict-2"/>
<persName id="def1-152-18760131" type="defendantName">
<interp inst="def1-152-18760131" type="gender" value="male"/>
<interp inst="def1-152-18760131" type="age" value="19"/>
<interp inst="def1-152-18760131" type="surname" value="DEVAL"/>
<interp inst="def1-152-18760131" type="given" value="GEORGE"/>
<interp inst="def1-152-18760131" type="occupation" value="glass warehouseman"/>
<hi rend="largeCaps">GEORGE DEVAL</hi> (19)</persName>,
<persName id="def2-152-18760131" type="defendantName">
<interp inst="def2-152-18760131" type="gender" value="male"/>
<interp inst="def2-152-18760131" type="age" value="33"/>
<interp inst="def2-152-18760131" type="surname" value="GEORGE"/>
<interp inst="def2-152-18760131" type="given" value="HENRY"/>
<interp inst="def2-152-18760131" type="occupation" value="glass warehouseman"/>
<hi rend="largeCaps">HENRY GEORGE</hi> (33)</persName>,
<hi rend="italic">and</hi>
<persName id="def3-152-18760131" type="defendantName">
<interp inst="def3-152-18760131" type="gender" value="male"/>
<interp inst="def3-152-18760131" type="age" value="45"/>
<interp inst="def3-152-18760131" type="surname" value="GOODALL"/>
<interp inst="def3-152-18760131" type="given" value="ISAAC"/>
<hi rend="largeCaps">ISAAC GOODALL</hi> (45)</persName>
<rs id="t18760131-152-offence-1" type="offenceDescription">
<interp inst="t18760131-152-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760131-152-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, Stealing four sheets of plate glass of the
<persName id="t18760131-name-40" type="victimName">
<interp inst="t18760131-name-40" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18760131-152-offence-1 t18760131-name-40"/>London and Manchester Plate Glass Company, Limited</persName>.</rs> </p>
<hi rend="smallCaps">MR. J.P. GRAIN</hi>
<hi rend="italic">conducted the Prosecution;</hi>
<hi rend="smallCaps">MR. T. COLE</hi>
<hi rend="italic">appeared for Deval</hi>,
<hi rend="smallCaps">MR. M. WILLIAMS</hi> for
<hi rend="italic">George, and</hi>
<hi rend="smallCaps">MR. BESLEY</hi> for
<hi rend="italic">Goodall;</hi> </p>
<xptr type="pageFacsimile" doc="187601310006"/>
<hi rend="smallCaps">
<persName id="t18760131-name-41" type="witnessName">
<interp inst="t18760131-name-41" type="gender" value="male"/>
<interp inst="t18760131-name-41" type="surname" value="YOUNG"/>
<interp inst="t18760131-name-41" type="given" value="RICHARD"/>RICHARD YOUNG</persName> </hi>. I am head warehouseman in the employ of the London and Manchester Plate Glass Company, Whitefriars, and at Manchester—I have known Goodall as a customer for three years—the other two prisoners were warehousemen under me—on 3rd January, about 6 p.m., this invoice was handed in by one of our clerks, it is in Goodall's writing, but it is on one of our bills—here are various widths on it making eight dozen and two plates of glass altogether—on receiving that order I handed out all the goods named on it with the assistance of the two prisoners at the front door and from there they would be lowered into a wooden horse placed there, and I told Goodall that that was all—he stood there and saw them handed out—there were also twenty-eight glass plates there 47 by 37 value about 30
<hi rend="italic">s</hi>. each—I counted them carefully—I then went to the bottom of the warehouse to wash previous to going home—I was away about five minutes—I then returned and counted the plates and there were only twenty-four—the prisoners were then loading Goodall's van—I closed the warehouse, communicated with Mr. Clark, and took a cab to Goodall's premises—I waited outside thinking he had not arrived—Mr. Clark went for a constable and I waited outside while they went in—he came out with Goodall—I saw Goodall and an assistant unloading the van—they took the glass into the warehouse at the back and I saw the four plates of glass taken from the top of the van—the plates weighed about 401bs. each.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COLE</hi>. Another van had been loaded just before and had left—we do a great deal of business—Goodall has done business with us for some years—I was examined at the police-court on 4th January; Mr. Johnson was examined there and there was a remand till the 6th when we were both examined again—Johnson was also examined on 13th Janu
<lb/>ary but I was not.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BESLEY</hi>. Mr. Clark was the manager of the concern, he is here—an invoice and receipt were taken from Goodall's pocket after he was given in custody—there is no water at the wharf, but there was previous to the Thames Embankment—the eight dozen plates were small not bigger than this book—I did not see them put into the van—Goodall's is a covered van—a person not engaged in loading it could see what was put into it—I went out ten minutes afterwards and got a cab—it was about 3 miles to Goodall's premises—it was quite dark—Iwas outside when Goodall was brought out.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-42" type="witnessName">
<interp inst="t18760131-name-42" type="gender" value="male"/>
<interp inst="t18760131-name-42" type="surname" value="JOHNSON"/>
<interp inst="t18760131-name-42" type="given" value="THOMAS GEORGE"/>THOMAS GEORGE JOHNSON</persName> </hi>. I am a glass cutter in the prosecutors' employ—I received instructions from Mr. Clark, and on 3rd January, I was with Deval and George all day, and about 6 o'clock George said "Here is Goodall, as soon as you see a chance slip out as soon as you can"—(I saw Goodall drive his van up about 5.40)—I said "All right," and a few minutes afterwards George said "
<hi rend="italic">Dick</hi> is washing;
<hi rend="italic">touch</hi> up"—he meant "Be quick"—I said "Wait a minute I will go and see where
<hi rend="italic">Dick</hi> is" and went down the warehouse—the van was empty then and while I was down there I saw George take out some plates of glass 47 by 37 inches, I cannot say how many, but I went and said to George "How many have you got on?"—he said "Four"—the small plates which are in the invoice were outside on a place called the horse—I saw Goodall tying the tarpaulin down—the van contains frames which slides in and out on wheels—it is not easy to see what is in it when the tailboard is up, nor what is on the top when the tarpaulin is on—I did not speak to Goodall—I heard Goodall say to George "1 think there is some one dodging about at the top, I will</p>
<xptr type="pageFacsimile" doc="187601310007"/>
<p>go and see," and he went away out of our yard towards the top of the stairs, and I went and spoke to George who told me he had gone up to see whether there was anybody at the top, and then Goodall came up and spoke to George, but I do not know what he said—I asked George and he said that Goodall should say it was all right—I then spoke to Mr. Clark.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>. When George said "Here is Goodall, as soon as you see a chance slip out as quick as you can"—he meant take out some glass to put on Goodall's van, to steal it—I said "All right"—I have received money from Mr. Clark's instructions for glass which has been taken out—I had no conversation with George about any money on this occasion—I said before the Magistrate "I was two or three yards from the tail of the van when I spoke to George; George asked me to share in the money which was forthcoming from these plates"—I also said "George said they should get some plates out, and I should stand in, when I asked him how many they had got out, he was standing by himself "—I had received money on 20th December, and on the Wednesday after Christmas.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BESLET</hi>. I received 7
<hi rend="italic">s</hi>. and 5
<hi rend="italic">s</hi>., but Goodall had nothing to do with those transactions—Goodall could not hear what took place between me and George—when he was taking down the tarpaulin he was in front of the van tying it down and could not see what was in it—I did not mention about the "Dodging about" on the first occasion, it slipped my memory, but I did on the third occasion—I thought of it after I had been examined and cross-examined—I was only asked one question on the second occasion.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. I told Mr. Clark I expected money, because the glass had gone away, and that I expected to share in it; I told him everything—George asked me several times to share in the money when I detected the goods going out and I told Mr. Clark—it was not when I was two or three yards from the van that he asked me to share in it; he had asked me pre
<lb/>viously—he said in the day time that he expected somebody down, and he should get some out and chance it.</p>
<hi rend="smallCaps">MR. WILLIAMS</hi>
<hi rend="italic">here stated thai George would withdraw his plea and</hi>
<hi rend="smallCaps">PLEAD GUILTY</hi>.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-43" type="witnessName">
<interp inst="t18760131-name-43" type="gender" value="male"/>
<interp inst="t18760131-name-43" type="surname" value="CLABK"/>
<interp inst="t18760131-name-43" type="given" value="WILLIAM"/>WILLIAM CLABK</persName> </hi>. I am the manager of this company—about 20th December, I gave instructions to Johnson to watch and to communicate to me what took place—he had been about six months in my employ—on the night of the 3rd, Mr. Young, made a communication to me and we went in a cab together to Goodall's address, Hackney Road—I left Young outside and went in—the shop was open—Goodall came out into the street, I was speaking to a policeman, and directly he saw me he went into his shop and—I went in and gave him in charge at once—he had no means of communica
<lb/>ting with anyone from the time I gave him in custody till he left—I tools:" him to the station and then went back and saw the van unloaded—the glass was taken out and I can identify it by my private mark.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BESLEY</hi>. Goodall has been buying of me for three years and has very likely paid me 1,600
<hi rend="italic">l</hi>. in that time—I am aware that he had nothing to do with the matters of 20th and 29th December—I did not go to his place and wait while I sent for a constable; I picked up the constable on the road—we waited outside ten minutes and found then that the van was in the yard and the horse in the stable—Goodall said at the station-house "If there is any glass there I know nothing about it, you can</p>
<xptr type="pageFacsimile" doc="187601310008"/>
<p>go and see for yourself"—I did not say "I will give him in charge and take the chance of it"—I did not say "I shall give you in custody"—I said to Thomas, the constable, "I shall give him in charge for felony"—Goodall did not say that he knew nothing about the goods except what he had bought.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-44" type="witnessName">
<interp inst="t18760131-name-44" type="gender" value="male"/>
<interp inst="t18760131-name-44" type="surname" value="THOMAS"/>
<interp inst="t18760131-name-44" type="given" value="CHARLES"/>CHARLES THOMAS</persName> </hi> (
<hi rend="italic">Policeman G</hi> 84). On 3rd January, about 6.35 p.m., Mr. Young came up to me in High Street, Shoreditch, and I—went with him and Mr. Clark to the Hackney Road—I waited till Goodall went into the shop and then I went with Mr. Clark and he gave him in custody—I brought him outside the shop and he said "If there is anything on the van that belongs to you go and see for yourself, as I know nothing at all about it"—he did not do so, and I took Goodall to the station, and Mr. Clark left Young in charge of the goods—I went to the Hackney Road and from there to the Fleet Street station—Mr. Clark identified the goods.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BESLEY</hi>. I rode in the cab both ways—I was on duty, and Mr. Young told me he wanted me and I went with him—I did not get into the cab then, I walked, it was not 100 yards—I got into the cab after the man was in custody—he said that he knew nothing about it—I did not hear Mr. Clark say "I shall give you in custody and chance it."</p>
<hi rend="smallCaps">
<persName id="t18760131-name-45" type="witnessName">
<interp inst="t18760131-name-45" type="gender" value="male"/>
<interp inst="t18760131-name-45" type="surname" value="POTTS"/>
<interp inst="t18760131-name-45" type="given" value="WILLIAM"/>WILLIAM POTTS</persName> </hi> (
<hi rend="italic">Policeman</hi>). I took Deval.</p>
<hi rend="italic">The certificate of incorporation of the company was here put in.</hi> </p>
<hi rend="italic">Deval and Goodall received good characters.</hi> </p>
<hi rend="largeCaps">DEVAL</hi> and
<hi rend="largeCaps">GEORGE</hi>
<hi rend="smallCaps">
<rs id="t18760131-152-verdict-1" type="verdictDescription">
<interp inst="t18760131-152-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760131-152-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18760131-152-punishment-4" type="punishmentDescription">
<interp inst="t18760131-152-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18760131-152-punishment-4" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-152-18760131 t18760131-152-punishment-4"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-152-18760131 t18760131-152-punishment-4"/>One Years' Imprisonment.</rs> </hi> </p>
<hi rend="largeCaps">GOODALL</hi>
<hi rend="smallCaps">
<rs id="t18760131-152-verdict-2" type="verdictDescription">
<interp inst="t18760131-152-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18760131-152-verdict-2" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Monday, January</hi> 31
<hi rend="italic">st, and Tuesday, February</hi> 1
<hi rend="italic">st</hi>, 1876.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18760131-153">
<interp inst="t18760131-153" type="uri" value="sessionsPapers/18760131"/>
<interp inst="t18760131-153" type="date" value="18760131"/>
<join result="criminalCharge" id="t18760131-153-charge-1" targOrder="Y" targets="def1-153-18760131 t18760131-153-offence-1 t18760131-153-verdict-1"/>
<join result="criminalCharge" id="t18760131-153-charge-2" targOrder="Y" targets="def2-153-18760131 t18760131-153-offence-1 t18760131-153-verdict-1"/>
<join result="criminalCharge" id="t18760131-153-charge-3" targOrder="Y" targets="def3-153-18760131 t18760131-153-offence-2 t18760131-153-verdict-2"/>
<join result="criminalCharge" id="t18760131-153-charge-4" targOrder="Y" targets="def4-153-18760131 t18760131-153-offence-2 t18760131-153-verdict-2"/>
<persName id="def1-153-18760131" type="defendantName">
<interp inst="def1-153-18760131" type="gender" value="female"/>
<interp inst="def1-153-18760131" type="surname" value="LYNN"/>
<interp inst="def1-153-18760131" type="given" value="NORAH"/>
<interp inst="def1-153-18760131" type="occupation" value="servant housekeeper"/>
<hi rend="largeCaps">NORAH LYNN</hi> </persName>
<hi rend="italic">and</hi>
<persName id="def2-153-18760131" type="defendantName">
<interp inst="def2-153-18760131" type="gender" value="male"/>
<interp inst="def2-153-18760131" type="surname" value="WILMORE"/>
<interp inst="def2-153-18760131" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN WILMORE</hi> </persName>, were indicted for
<rs id="t18760131-153-offence-1" type="offenceDescription">
<interp inst="t18760131-153-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760131-153-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>stealing a teapot and a quantity of china figures and other property, of
<persName id="t18760131-name-48" type="victimName">
<interp inst="t18760131-name-48" type="gender" value="male"/>
<interp inst="t18760131-name-48" type="surname" value="SALTING"/>
<interp inst="t18760131-name-48" type="given" value="WILLIAM SEVERIN"/>
<join result="offenceVictim" targOrder="Y" targets="t18760131-153-offence-1 t18760131-name-48"/>William Severin Salting</persName>, the master of Lynn,
<hi rend="italic">and</hi> </rs>
<persName id="def3-153-18760131" type="defendantName">
<interp inst="def3-153-18760131" type="gender" value="male"/>
<interp inst="def3-153-18760131" type="age" value="32"/>
<interp inst="def3-153-18760131" type="surname" value="CLARK"/>
<interp inst="def3-153-18760131" type="given" value="ALFRED"/>
<hi rend="largeCaps">ALFRED CLARK</hi> (32)</persName>,
<hi rend="italic">and</hi>
<persName id="def4-153-18760131" type="defendantName">
<interp inst="def4-153-18760131" type="gender" value="male"/>
<interp inst="def4-153-18760131" type="age" value="26"/>
<interp inst="def4-153-18760131" type="surname" value="JEWELL"/>
<interp inst="def4-153-18760131" type="given" value="DAVID"/>
<interp inst="def4-153-18760131" type="occupation" value="dealer in china"/>
<hi rend="largeCaps">DAVID JEWELL</hi> (26)</persName>
<rs id="t18760131-153-offence-2" type="offenceDescription">
<interp inst="t18760131-153-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18760131-153-offence-2" type="offenceSubcategory" value="receiving"/>, Feloniously receiving a portion of the said property knowing it to have been stolen.</rs> </p>
<hi rend="largeCaps">LYNN</hi>
<hi rend="italic">and</hi>
<hi rend="largeCaps">WILMORE</hi>
<hi rend="smallCaps">
<rs id="t18760131-153-verdict-1" type="verdictDescription">
<interp inst="t18760131-153-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760131-153-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<hi rend="italic">at the November Sessions. (See</hi> </p>
<hi rend="italic">page</hi> 122.)</p>
<hi rend="smallCaps">MR. STRAIGHT</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">J. P. GRAIN</hi>
<hi rend="italic">conducted the Prosecution;</hi>
<hi rend="smallCaps">MR. SERJEANT</hi> </p>
<hi rend="smallCaps">PARRY</hi>
<hi rend="italic">with</hi>
<hi rend="smallCaps">MR. F. H. LEWIS</hi>
<hi rend="italic">appeared for Jewell; and</hi>
<hi rend="smallCaps">MR. MONTAGU</hi> </p>
<hi rend="smallCaps">WILLIAMS</hi>
<hi rend="italic">for Clark.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760131-name-51" type="witnessName">
<interp inst="t18760131-name-51" type="gender" value="male"/>
<interp inst="t18760131-name-51" type="surname" value="SALTING"/>
<interp inst="t18760131-name-51" type="given" value="WILLIAM SEVERIN"/>WILLIAM SEVERIN SALTING</persName> </hi>. I live at 56, Green Street, Grosvenor Square, when in town—in May last I left town and went to Maidenhead—before leav
<lb/>ing I locked up various articles of china in my dining-room and took the key with me—on making occasional visits to town from May up to the end of September I placed other articles in the dining-room and again took the key with me—I left the prisoner Norah Lynn in charge of the house; she was the sole person in the house in my employ—I returned to town for the winter on 18th October—on going into the dining-room I missed a great number of articles that I had placed there—in consequence of that my suspicions were aroused—I received information on the 19th and went to Mr. Wertheimer's in New Bond Street, a well-known dealer in china—I had an interview with him between 4 and 5 o'clock in the afternoon, in con
<lb/>sequence of which I went on to the shop of the prisoner Jewell, 496, Oxford Street—I there saw a shopman who I had never seen before to my know
<xptr type="pageFacsimile" doc="187601310009"/>
<p>and I don't think he knew me—I asked him if he had got any good china for sale—he said "Would you buy a very fine Bristol cup and saucer," which he produced—I said "This is very fine; what is the price of it"—he said "100
<hi rend="italic">l</hi>."—I said that was rather a high price—he said that was the usual price that was given for them, and he produced a book in which there was an entry opposite the words "Bristol cup and saucer" of 100
<hi rend="italic">l</hi>. or 100 guineas—I had very little doubt that it was my Bristol cup and saucer—there are one or two others in existence—there are five in existence—this (
<hi rend="italic">produced</hi>) is the cup and saucer—I gave 78
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. for it at Christie and Mason's sale on 10th May last year—I then said to the shopman "Have you got anything else in Bristol"—he went to the same safe, which he unlocked, and produced these four Bristol figures—he said the price of them was 20
<hi rend="italic">l</hi>. for the two Cupids and 8
<hi rend="italic">l</hi>. for the other pair of figures with musical instruments—I said "They are very fine; where is Mr. Jewell"—he said that he had gone out, but he would be back in a few minutes—I at once-identified these as my property—I then walked round the shop and saw a Bow figure in a cupboard and two blue oriental plates on a side table—1 at once knew them to be mine—I then went away and went to the police-station to engage the services of Marshall, the detective—I returned to Jewell's shop in about half an hour, leaving Marshall outside in the cab—I went into the shop and was met at the door by Jewell—I said "Mr. Jewell, you have got a very fine Bristol cup and saucer; would you let me see it?"—he replied "I cannot; it is sold"—I said "Indeed, that is curious, because I saw it only half an hour ago; it was offered to me for sale—would you let me see the four Bristol figures?"—he said "I can't show you those either, they are all sold," and he then pointed to a gentleman at the end of the shop and said "This is the purchaser, Mr. Mendoza;" and Mr. Mendoza said "Yes; I have bought the lot"—I said to Mr. Mendoza "What did you give for the lot?" he said "I bought them in a lot for 110
<hi rend="italic">l</hi>."—I said "Would you let me see them again"—he said "I cannot, as they are gone away; I am going to submit them to a gentleman in Liverpool"—I asked Jewell if he thought Mendoza would resell them to me at a profit—Mendoza replied that he could not sell them to me as he had to submit them to Mr. Matheson—I believe he is a collector in Liverpool and an M.P.—I asked Jewell what he had given for the cup and saucer and where he had got it from—he said he had bought it from a man in the street, who went about as a traveller, and that he had only given 2
<hi rend="italic">l</hi>. for it as he did not know it was Bristol—I then looked round the shop to see if there was anything else of my property and I saw the two blue plates which I said I would purchase, and the Bow figure which I also agreed to purchase—the price named was 8
<hi rend="italic">l</hi>. for the Bow figure and 10
<hi rend="italic">s</hi>. for the plates—I said I should like to see the Bristol cup and saucer and the four figures; Mendoza said "I am not going to show them to you at this time of night, I will show them to you to
<lb/>morrow"—I had the articles I purchased for 8
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. put in paper, and they were carried to the cab door by Jewell—when there I said "Mr. Jewell' I am very sorry to have to inform you that the Bristol cup and saucer and the four figures as well as these plates and figure that you have put in paper, have been stolen from me"—he replied "I was not aware they were stolen"—I asked who he got them from—he said "From a man in the streets"—I asked if he had had anything else from the same man—he re
<lb/>plied "I had a lot, of rubbish from him the other day which I don't know if</p>
<xptr type="pageFacsimile" doc="187601310010"/>
<p>it belongs to you"—I said I should like to see it—he then lighted up the back part of the shop, and took me to a small table on which I saw about 20 articles of small value, all of which I recognised as my property with the ex
<lb/>ception of four small pieces of china at the corners—I then said to Jewell "I must call some one in to identify these articles "and I called in Marshall—I then made a list of the articles on the table belonging to me, and gave Jewell notice not to part with them or with the Bristol cup and saucer, and the four Bristol figures, and I then again asked him the name of the man he had brought them from—he said he did not recollect, or he did not know—I then asked him to produce his day book—he produced it rather unwillingly; he did not produce it at first, he did afterwards—he said "I don't know that I am obliged to show it to you"—he said to the shopman "Here, can't you find that card that the man left," and then he said "I think it was Clark, or something, or some name like that"—Marshall had told him when he came in, that he was a detective officer, and I think he asked him one or two questions, he asked him where he got the china from—he said he bought them from a man who came in as a traveller, but he did not re
<lb/>member his name—this is the book he subsequently produced.
<hi rend="italic">The follow
<lb/>ing entries were read from the day book</hi>—"24th September, 1875, Bristol group, 11
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.; Chelsea figures, 14
<hi rend="italic">l</hi>. 1st October, Clark, china, 7
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.; Mirror, 1
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. 4th October, total 17
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. 5th October, Clark, china, 4
<hi rend="italic">l</hi>. 6th October, Clark, china, 12
<hi rend="italic">l</hi>. 11th October, Clark, china, 10
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. and 10
<hi rend="italic">l</hi>. 12th October, Clark, china, 5
<hi rend="italic">l</hi>., making a total of 92
<hi rend="italic">l</hi>."—I said "Can't you find the card "the shopman said—"I can't find it, but I will have it for you to-morrow morning if I have to sit up all night"—before I left I said "Mr. Jewell I give you notice not to part with any of these things on the table or with any of the things I have seen to-day belonging to me"—he said he would not—I said to Mendoza "Cannot you show them to me to night" he said "They are at my house, and I am not going to be disturbed at this time of night, if you will come to-morrow morning I will show you what I bought"—I then left—next morning the 20th, about 10.45 I went again to Jewell's shop in company with detective serjeant Butcher—I saw Jewell and Mendoza there—I said to Jewell "Have you found the card "he said "I have" and produced it—this is it. (
<hi rend="italic">Read</hi>: "Alfred Clark purchaser of ladies' and gentlemen's, and children's wardrobes, 76, Crawford Street, Marylebone. Every description of carpets bought, boots, shoes, &c. Ladies attended at their own residence.") He said "This is the card that I promised to find for you"—I then said to Mendoza "I should like to come and see the Bristol cup and saucer, and the four Bristol figures that you promised to show me"—Mr. Jewell was there—Mendoza said "Well the fact is I have been talking to my lawyer, and under his advice I don't mean to show them to you"—that was the gist of what he said—Butcher said that he was a detective officer, and he had better be careful, and he said "Won't you take me round to your house to show me the things"—he said "No, not if you wait for a week"—Butcher then said "Well, Mr. Mendoza, I know your address, and I shall go round to it myself"—upon that he said "Well, if you are determined to go I shall go with you"—we then all three, Butcher, Mendoza and I, went to Mendoza's house, leaving Jewell in the shop—Mendoza's house was 27, Bloomsbury Square, about 200 or 300 yards off, we were shown up to a room on the first floor—it was a sort of picture shop—we remained there about a quarter of an hour—Mendoza left us when he took us into the room, and returned in about a quarter of an hour</p>
<xptr type="pageFacsimile" doc="187601310011"/>
<p>bringing the Bristol cup and saucer—we then returned with it to Jewell's shop—I think Mendoza went in first, and he and Jewell talked privately to
<lb/>gether, they merely whispered together—Jewell then went to a safe and pro
<lb/>duced the small pair of Bristol figures, the same I had first seen—I said "These are my property, but I want to see the large pair of Cupids"—Jewell said "I can't show them to you, as they are not here"—I asked him where they were—he said "They will be back by-and-bye"—I said "Who has got them?"—he said "Well, they are out on approbation"—I said "Did not I tell you last night that you were not to part with them; who has got them on approbation?"—he said he did not know the man's name or address—I then said "Do you mean to tell me that you sent out figures worth 20
<hi rend="italic">l</hi>. with a man whose name and address you don't even know"—I think Butcher said so too—he then said "Well, I think the man's name is George, but I don't know where he lives"—I said "Well, I shall go to George and see if I can see them"—George bad showed me that same pair of figures some days before and had left his card with me, I did not know him before he called at my house; that was before I knew of the robbery—I did go to George's, 124, Albany Street, Regent's Park—I did not see him or the figures, I came back in about half an hour and I then saw the two Cupids on the table—I said "Those are my property, what I wanted to see"—I said I had been to George's and I had not seen them—that was practically the end of the matter on that day—I knew Jewell before this, I had been in his shop before—I had not had any dealings with him—to the best of my belief he was at Christie's sale when I purchased the cup and saucer; there was a good deal of competition for it, it was handed round, I bid for it myself and it was knocked down tome—after the warrant had been granted I went with Butcher to Jewell's premises—I was first of all shown round by the shopman—I had previously received this letter. (
<hi rend="italic">Read</hi>: "Oct. 20, 1875. Dear Sir,—I have induced Mr. Mendoza to resell to me the goods I sold him, which are now on my premises, and which you can inspect in order to see if they are any portion of the goods you state have been stolen from you. Yours, &c, David Jewell.") Jewell was not there when I went with Butcher, he came in afterwards—I went round and found a large number of articles belonging to me placed on a table at the back of the shop—I made a list of them at the time and have it here—I had not seen any of those articles on my previous visits to Jewell's—I put the prices against the pieces, they are as near as I can say the actual amount paid for them; the total amount is 472
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>.—that is without the Bristol cup and saucer and the four figures, the Bow figure and the plates—I paid 20
<hi rend="italic">l</hi>. for the pair of Cupids and 10
<hi rend="italic">l</hi>. or ten guineas for the other pair of Bristol figures—for the Bow figure with another I paid 10
<hi rend="italic">l</hi>. and 1
<hi rend="italic">l</hi>. for the plates, and 17
<hi rend="italic">l</hi>., I think, for the group sold to Mr. Wertheimer—the total value of all the articles found at Jewell's was 711
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>.—Jewell came in during the time I was going round the pre
<lb/>mises, and I said to him "These are all my property, and they have been stolen from me"—he said "I have induced Mr. Mendoza to re-sell these to me"—he was then referring to the things on the table as well as the Bristol cup and saucer and the four figures—I think that was all he said—he was then taken into custody—I first went to Clark's premises on Wednesday, 20th, in company with Butcher, about 5 or 6 o'clock in the evening—I saw Clark there; before speaking to him I saw some carpets in the shop—it is a small shop in Crawford Street with second-hand clothes hanging outside—to some extent it corresponded with the address on the card, it was the</p>
<xptr type="pageFacsimile" doc="187601310012"/>
<p>same number—the carpets were inside the shop, they were not very valuable, they were my property—I saw nothing else there belonging to me—before I spoke to Clark I asked him if he had any china to sell or on the premises—he said "No"—I then asked him the price of the carpets—he gave me a price for them—I said "Well, Mr. Clark, these carpets have been stolen from me, who did you get them from?"—he said he was not at all aware that they were stolen and that he got them from a widow lady who was selling off all her things—I said "Well, they have been stolen from me together with a great deal of china and other valuable things, and I believe you have sold part of them to Jewell"—he said he had, but he had been down to Jewell several times with them, with different lots, for which he had received various sums—I asked him the price of one or two things that he had got from Jewell; I said "Did you have from the same source a piece of china consisting of shells and rock work—he said "Yes, I had a grotto"—I forget the sum he said he got for it, it was some very small sum, 2
<hi rend="italic">l</hi>. or some
<lb/>thing—I told him it was worth 50
<hi rend="italic">l</hi>.—he said he had been taken in—I asked him if he had sold any other of the china received from the same source to anybody else than Jewell—he said he had, a good many things, he had sold one lot to a gentlemen who came into the shop, but did not give his name, he paid for them and took them away—he said if the gentleman came in again he would know him and he would try and get them back for me—he also said that he thought he could get me back two Worcester mugs which he had sold—he promised to get them for me the next day or in two day's time—I had lost some Worcester china, I had told Clark that—he offered to get me back the china—after some hesitation he took Butcher to the address of the man who had sold the things to him—I did not go with him—next day I went to Clark's again—I asked if he had found the Worcester mugs he said "No," but he would get them for me—he then said "Would you like to walk upstairs and see if there is anything there"—we went upstairs and I saw a chimney glass which I identified as my property—I said to Clark "You had better be straightforward with us and tell us the truth, as we only want to discover the thief"—Butcher was with me, and some conver
<lb/>sation took place between him and Clark, it was to get Clark as nearly as possible to identify what was still missing of china, we wanted to trace the chinat hat was still missing—I told him that, and he apparently assisted as far as he could—in describing from my list I described it as popularly as I could—I bad with me a list of what I had lost and I called out the items to Clark and when he recognised from my description any particular article he said he had it; some he said he had sold to Jewell and others he had sold to this gentleman who had come in casually—that was practically all that took place on that occasion; since then I have received through Clark's solicitor a large quantity of china, of which I have a list, amounting to 305
<hi rend="italic">l</hi>.—I received the first lot on 29th October and the second portion on the 1st November—I believe he was given into custody on 7th November—the articles I received from him were nearly all the same articles that he said he had sold to the gentleman who came in and paid for them—beyond what I have recovered I still miss about 150
<hi rend="italic">l</hi>. worth of property that I had placed in my dining-room, consisting of china and pictures, carpets, and a musical box; the box was worth about 20
<hi rend="italic">l</hi>.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WILLIAMS</hi>. I think Lynn and Wilmore had been twice before the Magistrate before Clark was given into custody—Jewell had been before the Magistrate; I believe Clark was summoned as a wit
<xptr type="pageFacsimile" doc="187601310013"/>
<p>—I said before the Magistrate "I first saw Clark on the 20th October the correct address is on the card, and he has been instrumental in telling me of the sale of the china to Jewell"—I also said that Wilmore was taken upon his information—I said to Clark "You shall not be a loser by it if you tell us the truth and help us to get the china back," but I meant that was the condition—he said the carpets had been brought by a dark man to dispose of for a widow lady.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>. I have been for about five years a collector of old china—I have made it a complete study—I think I can tell pretty nearly the intrinsic value of old china almost the moment I see it—I have studied Continental and Oriental china as well as English—I think that information is confined to a few—I think it requires a certain amount of study—I don't think it quite approaches to a fine art; it is akin to the study of pictures—I have not indulged in the study of autographs—it sometimes happens that china of this kind is bought at an extremely low price and sold again at a very high price, but that is uncommon; important and well-known pieces vary very little in price—the Bristol cup is not the article that I set most value upon, I set considerable value upon it—the two Cupids are in reality Plymouth china, but it is very much the same as Bristol; the other pair is also Plymouth; they are known as Bristol—the cup and saucer was not originally sold for a mere trifle, it was purchased by a well-known connoisseur, and the history of it is well known; the ser
<lb/>vice was purchased by a Mr. Walker, of Bath, a well-known collector, some seven or eight years ago; he sold the complete tea service by public auc
<lb/>tion, and various persons who are well known purchased several articles—Mr. Walker purchased it from abroad, I don't know the exact sum he gave for it; I should think more than 20
<hi rend="italic">l</hi>. a cup—I have known a Bristol cup and saucer to be sold for 3
<hi rend="italic">s</hi>.—I have seen them sold at public auction at Christies for 3
<hi rend="italic">s</hi>. during the last two years; not similar to this; I have never known one of these sold for anything like that price; there is a coat-of-arms on them with an inscription by which they are well distinguished; that is on this cup and saucer, and they are known among collectors by the paste, by the material they are made of—my cup would be known to be Bristol by the paste, by the general appearance of it; there are five of these chocolate cups and saucers in existence, and there are five or six tea cups and saucers; these were originally made for chocolate—there was a teapot, cream ewer, and sugar basin which the late Mr. Callender possessed; he was a collector—I have purchased china at a very small price which is worth a good deal more now than what I gave for it—I purchased a group in Italy, for 3
<hi rend="italic">l</hi>. which I value at 20
<hi rend="italic">l</hi>.—I have never purchased any
<lb/>thing at 3
<hi rend="italic">l</hi>., 4
<hi rend="italic">l</hi>., or 5
<hi rend="italic">l</hi>. that I value at 100
<hi rend="italic">l</hi>.; I never had such luck; if I had I should not object, if I was convinced it was honestly come by—I describe this as a Bristol cup and saucer which is extremely rare, from the fact that the manufacture of Bristol china lasted only a few years, and the history of it is well known—the coat-of-arms is the coat-of-anns of the celebrated Edmund Burke, and it was presented to him by Mr. Champion, the master of the works at Bristol, and there is an inscription to that effect; it was manufactured and painted at Bristol—I have known of several sales of old china at Wilkinson's, Sotheby's, and Christie's during many years—I have not known of a tea service sold for 8
<hi rend="italic">l</hi>. and afterwards fetching 100
<hi rend="italic">l</hi>.—I remember Mr. Lizardi's sale being advertised—I never heard of vases which he bought for 60
<hi rend="italic">l</hi>. selling for 700
<hi rend="italic">l</hi>.—I do not know of four cups</p>
<xptr type="pageFacsimile" doc="187601310014"/>
<p>bought for 20
<hi rend="italic">l</hi>. and selling for 120
<hi rend="italic">l</hi>.—I do not know of Mr. Werthiemer's buy. ing silver vases and figures for 65
<hi rend="italic">l</hi>. and selling them for 800
<hi rend="italic">l</hi>., or of a china service purchased for 350
<hi rend="italic">l</hi>. and selling for 1,000
<hi rend="italic">l</hi>.—I know Captain Lee as a collector—I do not know of five plates that he used for dog's drinking troughs which he sold for 2
<hi rend="italic">l</hi>. fetching 100
<hi rend="italic">l</hi>. immediately afterwards—I have not known Chelsea vases bought for 3
<hi rend="italic">l</hi>. and selling for 70
<hi rend="italic">l</hi>. or 80
<hi rend="italic">l</hi>.; I have known them bought for 20
<hi rend="italic">l</hi>. and sold for 40
<hi rend="italic">l</hi>.—I have been in the habit of going about looking after old china at sales and curiosity shops to pick up a, good bargain at the lowest price—to the best of my belief I saw Mr. Jewell on one occasion at the sale where I purchased the cup and saucer it was a three days' sale—I saw him there the day the cup was sold—to the best of my belief he has returned to me the whole of the china that he received—the first time I went to his shop I saw the shopman, that is the gentleman (Mr. Jones), and when I came in half an hour afterwards I saw Mr. Jewell—he said he had bought a lot of rubbish of Clark when I told him that the Bristol cup and saucer and the figures were stolen from me, that was on the 19th instant—I think I stated before the Magistrate that he said he had bought a lot of rubbish, I am not quite sure, it is so long ago—he said "I have bought a lot of things not worth much," or "A lot of rubbish"—it may not have been those exact words, it was "A lot of things that are worthless" or "A lot of small value," or something of that sort—the ex
<lb/>pression he used was that he bought them out of the street or from the street; that the man brought them in to him from the street—I under
<lb/>stood his meaning to be that he had come in from the street casually and sold them to him—I did not see Mr. Mendoza in the shop when I first saw Mr. Jones—when I came back he was there and Mr. Jewell referred me to him as the purchaser of the china—I don't remember his saying that he should have much pleasure in showing them to me; he said he would show them to me—I am quite sure that the Shopman produced the Bristol figures out of a safe—I am quite sure they were not exposed for sale; they were not where I could see them—he produced them from under the desk where the safe was—I saw the safe afterwards in the same place where he brought them from—it was a desk about the middle of the shop, at the end of the first part of the china shop—it is not a regular counter, it is a desk where accounts are kept; it is a kind of double shop; there was a good deal of valuable property in the shop—I should think 7,000
<hi rend="italic">l</hi>. or 8,000
<hi rend="italic">l</hi>. worth—the cup and saucer were produced out of the safe—I did not know Mr. Jones—I don't know whether he knew me, I don't think he did—I did not give him my name—I never bought anything of him—I had been to Jewell's shop once or twice before without purchasing—my motive in purchasing the Bow figure and the two plates was to take them away and to be able to swear that they were my property, and also to ascertain if they were ex
<lb/>posed for sale—the Bow figure was in a cupboard, the two plates were on a side table—the cupboard had a glass front to it; it could be seen if you looked into it, without unlocking it—there were several other things with it; it was a small cabinet—I did not hint to Mr. Jones the first time I saw him that the cup was stolen—I was not at first quite sure that the cup and saucer were mine—there are others in existence, but very few—there was very strong evidence to my mind that they belonged to me, but I was not then aware that I had had one stolen from me—I was not quite sure till I saw the four Bristol figures, then I was quite certain—the possessors of these cups are all known, I have a list here of all of them—I got the in
<xptr type="pageFacsimile" doc="187601310015"/>
<p>from a friend—the group I saw at Mr. Wertheimer's was produced by him from the back of the shop on the second day, a friend of my wife's bad seen it there—the Bristol figures that I saw at Mr. Jewell's shop I had seen two or three days before—they were shown to me by Mr. George, of Albany Street—I did not then recognise them as mine—I was not then aware I had been robbed; it struck me they were very like mine, but I thought they might be a similar pair—they are uncommon, but there are others in existence—I don't think the group sold to Mr. Wertheimer had been redecorated—I think I gave 17
<hi rend="italic">l</hi>. for it—I have said that Mr. Jewell rendered me assistance to recover all I have got—I believe everything Mr. Jewell had he has returned to me—when I told him on the 19th that these things had been stolen he said "I am extremely sorry to hear it; I had not the least idea they were stolen"—when I gave him into custody on the 22nd he said I should have to answer for it, and I believe he said he con
<lb/>sidered my conduct harsh, or something of the kind, I don't remember the words.</p>
<hi rend="italic">Re-examined.</hi> I believe I saw George a day or two before the 19th—he had only the pair of Cupids with him—the Bristol cup that I have known sold for 3
<hi rend="italic">s</hi>. was not at all like this—it depends entirely on the quality and the condition; if broken, of course they are valueless.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. The value depends partly upon the rarity, but this was a very expensive set originally equivalent to 20
<hi rend="italic">l</hi>. a cup and saucer, and the lot cost over 100
<hi rend="italic">l</hi>. and was presented to Mr. Burke, when M.P. for Bristol—it is quite different from the 3
<hi rend="italic">s</hi>. cup, they may have been made by the same manufacturer, but a different quality altogether.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-52" type="witnessName">
<interp inst="t18760131-name-52" type="gender" value="male"/>
<interp inst="t18760131-name-52" type="surname" value="WILMORE"/>
<interp inst="t18760131-name-52" type="given" value="JOHN"/>JOHN WILMORE</persName> </hi> (
<hi rend="italic">the Prisoner</hi>). I have pleaded guilty to this charge—I am brother-in-law to the prisoner Lynn—during last summer she was look
<lb/>ing after Mr. Salting's house, in Green Street—I used to visit her there—at the end of August, or the beginning of September, she gave me a musical-box, I pawned that at Richardson's in George Street, Bryanston Square, for 30
<hi rend="italic">s</hi>. or 2
<hi rend="italic">l</hi>.—I took the ticket back to Lynn, and she told me to sell it—I took it to the prisoner Clark—I had seen him before—I can't exactly say when I first saw him; I had had dealings with him once or twice before; I think with some of Mr. Salting's property—I took him some tickets for carpets; I had pawned those carpets at Richardson's for a few shillings; I can't exactly say how much—there was also one or two pictures, and a looking-glass—I don't remember what Clark gave me for the ticket of the musical-box; it would not be more than 3
<hi rend="italic">s</hi>. or 4
<hi rend="italic">s</hi>.—I afterwards took him one or two pictures, he gave me 10
<hi rend="italic">s</hi>. or 1
<hi rend="italic">l</hi>.—I also sold him the ticket of two or three pictures—I don't recollect what he gave me for it—when. I took him the picture he asked me where I got it from; I told him I had it from a relation who gave it to me to get rid of for her—in' September I received some china from Lynn, I pawned one small lot at Richardson's for 8
<hi rend="italic">s</hi>.—I sold the ticket to Clark for 2
<hi rend="italic">s</hi>. or 3
<hi rend="italic">s</hi>.—I afterwards went with Clark to Richardson's to fetch one of the pictures out—the china was got out; I was not there—I did not see it afterwards at Clark's premises—I took two small shell like things in china to Clark—he wanted me to pawn them to see what I could get on them—I got those from Mr. Salting's dining-room, along with Lynn—I took them to Smith's, a pawnbroker, in Edgware Road, I could not pawn them; I sold them for 2
<hi rend="italic">l</hi>.—I told Clark what I had done—he was rather put out that I should have sold them; he said I ought to have pawned them—day after day for some time I continually took</p>
<xptr type="pageFacsimile" doc="187601310016"/>
<p>china from Mr. Salting's dining-room, and took it to Clark—I can't say on how many occasions I took china to Clark, sometimes two or three times a week—I generally took them up to his bedroom—I did not know any
<lb/>thing of the value of these articles—he generally gave me a small sum, sometimes a sovereign, sometimes a half sovereign, sometimes 2
<hi rend="italic">l</hi>.—I always took them in the evening—he generally used to take them out next morn
<lb/>ing, he told me so and I used to see him go with them—he generally used to say that he took them to Oxford Street, somewhere to sell, and he used to give me what he thought proper out of the money he made by them—in all I received from him about 30
<hi rend="italic">l</hi>.—I took the money and divided it with Lynn—when I took these things to Clark, he did not ask me my name or address—he said "If anybody should make inquiries I shall never know you, I shall say I bought them of some broken down gentle
<lb/>man, or something of that sort"—I never went with Clark to Jewell's shop—I did not know Jewell's shop—I sold to Clark a ticket relat
<lb/>ing to a blanket and one counterpane pawned at Kichardson's—I afterwards saw that counterpane hanging outside Clark's door, I saw the name of Salting on it—I called Mrs. Clark's attention to it—I afterwards saw the name cut out by Mrs. Clark—I also saw one of the pictures in the shop; I told Clark he had better put it out of the way in case the gentleman should come round and see it and own it—he did not do it then; I don't know whether he did it' afterwards—he and I had before that gone about with that picture to see what we could get on it—we went to Smith's, in Edgware Road, and two or three others whose names I don't know now, and we took it back to Clark's again and it remained there—he afterwards told me he had given it to a friend to take care of for him—I was taken into custody sometime in October.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WILLIAMS</hi>. When I first took the pictures to him I told him they belonged to a relation of mine, who was living with a gen
<lb/>tleman, and that she had given them to me to get rid of for her—Mia Lynn is not a widow—she is a married woman, her husband is alive—I did not tell Clarke she was a widow, I said she was living with a gentleman—I gave my proof to the solicitor for the prosecution when I was in gaol—I have not been sentenced yet—I did not know till to-day that Clark gave the information on which I was taken into custody—I knew it in the dock here to-day; I knew it before I gave my evidence, I have received from him about 30
<hi rend="italic">l</hi>. altogether—I used to take the money back to my sister-in-law, and we used to divide it—I was taken into custody about a week before Clark—I did not know that Clark was attending at Bow Street as a wit
<lb/>ness; I saw him there, not in custody—I used frequently to visit Lynn in Green Street; I helped to steal the china, I went into the room and took it and other articles.</p>
<hi rend="italic">Re-examined.</hi> No one from the prosecution saw me until after I had pleaded guilty to this indictment—no promise has been held out me for the evidence I should give.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-53" type="witnessName">
<interp inst="t18760131-name-53" type="gender" value="male"/>
<interp inst="t18760131-name-53" type="surname" value="WERTHEIMER"/>
<interp inst="t18760131-name-53" type="given" value="CHARLES JOHN"/>CHARLES JOHN WERTHEIMER</persName> </hi>. I am a dealer in antique china carrying on business at 154, New Bond Street—I have known Jewell for some time; he does not carry on a business similar to mine; he deals in china—I some
<lb/>times go to Christie's sales during the season—I have frequently seen Jewell there and elsewhere at sales of china—somewhere about 6th October last, I was going past Jewell's shop, he beckoned me and I went in—I there saw a Mr. Mendoza, a different Mr. Mendoza from the one that has been spoken to</p>
<xptr type="pageFacsimile" doc="187601310017"/>
<p>—Jewell said, "I am very glad to Bee you, I was just to write to you, I have something to suit you," he took me to the back of the shop he went up stairs and brought down a china group, I did not buy it, I think he asked about 15
<hi rend="italic">l</hi>. for it—he then brought me a Dresden spinning wheel group for which he asked 32
<hi rend="italic">l</hi>.—Iagreed to purchase that he did not tell me where it came from—he said he had, given 30
<hi rend="italic">l</hi>. for it—I sent him a cheque for it; I think on the Monday or Tuesday following—I took the Dresden group away. with me—it was in middle of the day on wed
<lb/>nesday or Thursday, I wont swear to the day, it was about the middle of the week—at the same time he showed me a Bristol
<hi rend="italic">cup and saucer saying</hi> "I will show you something very fine"—I did not admire it as much as he thought I ought; I declined to buy it—he said he wanted 100
<hi rend="italic">l</hi>. for it he produced a book to corroborate the price he asked the cup was illus
<lb/>trated in the book—I could not understand the value of it, I thought it was a mania—I said, "I cannot understand a cup of that character being worth that amount, as I see no artistic beauty or merit in it," he said; "I will show what they fetch," and he brought out this catalogue or book or what ever it might have been the price was Quoted in the book at 90
<hi rend="italic">l</hi>., odd I think, the six pieces were 400
<hi rend="italic">l</hi>., odd I think, I did not retain it in my mind it was printed in the book—he asked me to endeavour to self it for him, as I had a better market than he had—I said, "don't think I can sell it why dont you show it Mr. Salting, he is well known as a collector of that kind of china"—he made some remark implying that Mr. Salting was a
<hi rend="italic">duffer</hi>—I dont think there was any further conversation then. and saucer—when I left he hoped to have other fine things and if here eived them he would give me the refudal of them.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>.
<hi rend="italic">My father has been established</hi> business between thirty and forty years—ourbusiness is not devoted ex
<lb/>clusively to china but to articles of verta we have a manufactory as well our shop is well known to gentlemen-collecting old china we are one of the largest dealers in London—when Clark showed me British cap and saucer, I said it was a perfect madness as to this English china that there was no artistic merit in it—I have known Mr. Salting it may he two or three years—I have seen him at Christie's, and I think he has occasinally visited our establishment—I told Jewell I would try to sell this cnp for him—if I had taken it away with me most probably should have shown it to Mr. Salting—I am sure Jewell said that Mr. Salting was a duffer, I under stand by a duffer; not a good customer; it does notmean anything derpgatpry I might use the term myself of a customer who takes up your time for two or three hours and buys nothing—on examining the—group I bought of Jewell, I found it to be a redecorated group, and I sent it back declining to keep it on that ground, he refused to take it back and insisted upon-pay ment, and said he "should appeal to his" attorney, he—issued a writ against me, but he withdrew those proceedings afterwards when it was discovered it was stolen—I had given him a cheque for it, but I stopped the pay-nient of it—I am positive he said he had given 30
<hi rend="italic">l</hi>. for it—I was not asked about that before the Magistrate—I generally sell at a profit it has occurred" the other way, but very rarely—I do not remember purchasing a table for 2
<hi rend="italic">l</hi>., and selling it for 80
<hi rend="italic">l</hi>.; or buying-Chelsea vases and figures, for 65
<hi rend="italic">l</hi>. and and selling them for 800
<hi rend="italic">l</hi>., I have very often made large profits, and it has oc
<lb/>curred in that proportion.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-54" type="witnessName">
<interp inst="t18760131-name-54" type="gender" value="male"/>
<interp inst="t18760131-name-54" type="surname" value="LEVY"/>
<interp inst="t18760131-name-54" type="given" value="HENRY"/>HENRY LEVY</persName> </hi>. I am a solicitor, of 41, Artmdel gardens—I have known</p>
<xptr type="pageFacsimile" doc="187601310020"/>
<p>Jewell's family these forty years; he came from abroad I think four or five years ago—since then he has been carrying on business in Lincoln's Inn Fields and Oxford Street, buying china and
<hi rend="italic">curio</hi>—I bought some china of him last year—this is the list which Mr. Salting bought of me and took away, "Four enamelled boxes, one pair of Chelsea figures, two ditto small, one pair of Chelsea figures in bowers, one female figure, a Flora, two small Etruscan vases, three Worcester cups, one Dresden figure, one pair of Vienna cups and saucers, one apple green ditto, a cup and saucer, and a silver mug"—for those I paid 76
<hi rend="italic">l</hi>., I think on the 12th October—when I appeared at Bow Street on Jewell's first examination I told Mr. Salting and Mr. Humphreys, his solicitor,-that I had been buying some china lately of Jewell, and I at once returned it, taking Mr. Salting's undertaking to return it in the event of its not being his.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>. I have acted as solicitor for Mr. Jewell, and for his father for nearly thirty years—I never heard anything contrary to the character of an honourable and honest man as regards Mr. Jewell—I issued the writ for him against Mr. Wertheimer—he intended to en
<lb/>force that claim—of course if it had been resisted there must have been a public inquiry—when the cheque was stopped I issued the writ by Mr. Jewell's direction—I afterwards gave notice to Mr. Wertheimer not to answer to it, because I was going to return the china to Mr. Salting—that was after the first examination at Bow Street—Mr. Jewell came to me on the 20th, and said there had been a noise about the china he was buying—I said "Who have you been purchasing from?"—he said "A man that keeps a shop in the Edgware Road"—I said "What is he?"—he said "A dealer in china and all manner of things?"—I said "If you have bought of a shop-keeper you can't get into any trouble"—he said "They want to look at my books"—I said "I don't know that I should show them all my books, but I should ask them to refer to any particular items and refer to your books, but I should not like any detective or anybody else to overhaul all my books"—I gave him that advice on the 20th—he told me the shop-keeper had informed him that he had bought them from a lady who had been kept by a noble
<lb/>man, that she had not seen him for eight or nine months, and she was dis
<lb/>posing of different articles that she did not require, for the purpose of main
<lb/>taining herself, as she did not know what had become of him—he said "Do you think I might buy them from the lady herself"—I said "Certainly not, you had much better buy them from the shop-keeper, because the gentleman may come back and complain of the lady selling his property."</p>
<hi rend="italic">Re-examined.</hi> He did not tell me who the customer was—he said "A man living up by the Edgware Road, a general shop-keeper who is selling them on behalf of this lady"—I am sure this conversation took place on the 20th, in the evening about 6.30, it. might have been 7 or 8 o'clock—I believe it was the 19th or the 20th, and I think the 20th—he did not mention the name of Mendoza.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>. I am not certain it may not have been the 19th, I can't tell the day of the week.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-55" type="witnessName">
<interp inst="t18760131-name-55" type="gender" value="male"/>
<interp inst="t18760131-name-55" type="surname" value="WATSON"/>
<interp inst="t18760131-name-55" type="given" value="JOHN"/>JOHN WATSON</persName> </hi>. I am a dealer in chiaa, 499 and 500, New Oxford Street—I have known Jewell ever since he has been in this business, about four or five years, it may be six—he has been doing a goodish trade appa
<lb/>rently—on the 30th September last I bought a Bristol sweetmeat stand from him, it is the one that has been produced, for which I paid 42
<hi rend="italic">l</hi>.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>. He established this china busi
<xptr type="pageFacsimile" doc="187601310021"/>
<p>—his father has been a china dealer for forty years—the prisoner has been in business four years and during that time I have known him to be an honourable man and honest in his dealings—gentlemen in oar position would certainly not deal with any one but who had that character—I pur
<lb/>chased the. stand to sell again—I have carried on my business over twenty years—my shop is well known to curiosity hunters and collectors—I sold the stand for a small profit—I purchased at one. time from a. gentleman of the name of Lees some troughs which had been used by him for dogs to drink from; I gave for them about 2
<hi rend="italic">l</hi>. and sold them for 100
<hi rend="italic">l</hi>.; I saw them sold for 500
<hi rend="italic">l</hi>. afterwards.; they have since passed through one or two hands and have been sold for over 1,000
<hi rend="italic">l</hi>.—I know of several! instances where things increased in value after being sold for a very large profit—I know of a Bristol cup three or four years ago with the gold mark worth five of the one produced to-day, being sold, for 4
<hi rend="italic">l</hi>. and it fetched 70
<hi rend="italic">l</hi>.—the gold mark on Bristol manufacture gives it an increased" value—this cup has not 'got what is called the gold mark or the blue mark either—I should not like to give an opinion as to whether this cup is part of a set presented to Mr. Burke—the gold mark on a cup indicates greater value than this, but not the blue—I should think more highly of a cup with the gold mark than I do of this,.</p>
<hi rend="italic">Re-examined.</hi> I was passing the shop in which the sweetmeat piece was for sale and I went in and asked the price, which was 42
<hi rend="italic">l</hi>.—I told Mr.
<hi rend="italic">Jewell</hi> no doubt I could sell it, and if I did I would give him a-cheque-at once; I did sell it—I think I have seen two other cups and saucers similar to what is produced, at Sotheby & Wilkinson's; I think they fetched about 12
<hi rend="italic">l</hi>.—the Bristol china is a particular branch, which I have not made a great study—with regard to the Chelsea, I should give a better definition of it—according to the rage for it now, I should think 2
<hi rend="italic">l</hi>. was a small price for this cup.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-56" type="witnessName">
<interp inst="t18760131-name-56" type="gender" value="male"/>
<interp inst="t18760131-name-56" type="surname" value="BUTCHER"/>
<interp inst="t18760131-name-56" type="given" value="CHARLES"/>CHARLES BUTCHER</persName> </hi> (
<hi rend="italic">Detective Sergeant C).</hi> On Wednesday, 20th October, about 10.30 in the morning, I accompanied Mr. Young to Jewell's shop in Oxford Street—I saw Mr. Jewell, Mr. Jones, and Mr. Mendoza—I told Jewell I was a detective officer and had come with Mr. Salting respecting the china—he said he did not know me, he understood Marshall was coming—I said "You know Mr. Salting"—he said "Yes"—I told him Marshall could not come—I asked Jewell to show the things he had shown to Mr. Salting over night—he said he could not do so, they were sold—ultimately I went to Bloomsbury Square, where I remained with Mr. Salting for a quarter of an hour—after some conversation between myself Mr. Salting, and Mr. Mendoza, I went back to Jewell's premises—Jewell said the two large Cupids were out on approbation then a person of the name of George was mentioned, and I asked Jewell what George's address was—he replied "I do not know, he is only a casual man that looks in occasionally"—I then said "Mr. Jewell," "do you intend to tell me that you let a man you know nothing of take pro
<lb/>perty away to the amount of 20
<hi rend="italic">l</hi>., I don't know who would believe you"—at this time there was a pair of small Bristol figures produced, and Mr. Salting went away for a while—I remained in the shop—Mr. Salting was absent about half an hour—just before he came back Jewell handed to me a pair of figures done up in a parcel which he brought up from the shop—I asked Where did they come from, who brought them?"—he said a man had just brought them in and given them to him—I said "Where is he"—he said "He is just gone out of the door"—I then said "You knew I was waiting to see the person who brought them, why did. not you</p>
<xptr type="pageFacsimile" doc="187601310022"/>
<p>ask him to wait to let me see him"—he made no reply to that—there was some conversation about the cup and saucer—I said the cup was invoiced to Mendoza at 4
<hi rend="italic">l</hi>.—he made no remark, but showed me a book, and I said "You offered the cup and saucer for sale some ten days before for 100
<hi rend="italic">l</hi>."—I saw these two books (
<hi rend="italic">produced</hi>) there—when I made the remark about 100
<hi rend="italic">l</hi>., Jewell said "I did not know—the value of it"—on 22nd October, I took Jewell into custody, I took possession of these two books and the cheque-book (
<hi rend="italic">produced</hi>)—on 20th October, after the conversations with Jewell and Mr. Salting, I went to the premises of Clark, in Crawford Street, Marylebone—I said to him "I have come from Mr. Jewell, in Oxford Street" (I told him who I was first) "he has given me this card, have you any more china in your possession"—he said "No, I have not"—I asked him if he had bought any more through the same source that he had had the other, and sold—he said he had—I asked him what he had done with it, he said he had sold two lots to a stranger, that saw it in the window, and came in and purchased it—I asked him for his name and address—he said he could not give it, he did not know—I asked the des
<lb/>cription of the man, and he described him as a dark man—ultimately I took "Wilmore into custody, I think on 29th October, I am not certain—on 28th October, I think, I arrested Lynn, at Newman Street, Edgware Road, three minutes' walk from where Clark lived—Clark had been in attendance as a witness for the prosecution, and from certain information laid before Mr. Flowers, he was arrested, and I executed the warrant on the 11th November—prior to that I received certain china from Mr. Payne—Mr. Salting has a list of the articles—I told Clark, upon taking him into custody upon the warrant that he was charged with receiving 150
<hi rend="italic">l</hi>. for the china he said it was nothing more than he expected, and that I would hare him before I had done—I told him he would have to go to the station; I took possession of two carpets and a looking-glass—he said he did not think I had any right to take it as it was not named in the warrant—I said it did not matter about that, all stolen property I always took possession of—he sent for Mr. Payne, solicitor, and he came round to him, and he represented him before the Magistrate.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>. Jewell said he did not know where the man lived, to whom he had entrusted the group of two figures—he men
<lb/>tioned his name after being pressed and believed it was George; I made the observation "I do not know who could believe you when you say that you entrusted these two figures to a man you knew nothing of"—I did not wish to trap him by that—the moment the name of George was mentioned, Mr. Salting said "I know him too"—I knew before putting the question to Jewell, that he had offered a Mr. George some—I did not put the question for the purpose of catching him.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>. I said before the Magistrate "I received the china in consequence of Clark's request that I should go to Mr. Payne's for it"—that is the first lot—Clark said that he had bought the pawnbroker's tickets for the carpets and the glass from Wilmore, and had redeemed them—he was summoned on one occasion to give evidence on the part of the prosecution and attended on two occasions—I looked at Jewell's book and I saw several entries of china with the name of Clark against them—Clark was committed for trial on the last examination at Bow Street, I think the 2nd November, and he has been on bail and attending from time to time at this Court.</p>
<xptr type="pageFacsimile" doc="187601310023"/>
<hi rend="smallCaps">
<persName id="t18760131-name-57" type="witnessName">
<interp inst="t18760131-name-57" type="gender" value="male"/>
<interp inst="t18760131-name-57" type="surname" value="WATSON"/>
<interp inst="t18760131-name-57" type="given" value="JOHN"/>JOHN WATSON</persName> </hi> (
<hi rend="italic">re-called, further cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT PABRY</hi>); Before Jewell was arrested he asked me. to get back the articles I had sold and he would refund me the money, and he did refund me 50
<hi rend="italic">l</hi>.</p>
<hi rend="smallCaps">MR. SALTING</hi> (
<hi rend="italic">re-called</hi>). I have seen all the china produced to-day, and I identify it as my own—on the 19th the shopman Jones showed me a book in which the price of the Bristol cup and saucer figured at 100
<hi rend="italic">l</hi>—I gave in this list of the things which I identified as having been returned, to me through. Jewell—the prices affixed are those which I gave for, the articles as near as possible—I do not remember them all—I have made oat the list from memory—there is an instance in which I have put. the highest price, because I bought it at a lower price, and I considered them worth a good deal more—the first is an instance where I gave 85
<hi rend="italic">l</hi>., and I have put down 105
<hi rend="italic">l</hi>.; I consider it worth nearer 200
<hi rend="italic">l</hi>—itis the only instance in. which I have added 20
<hi rend="italic">l</hi>. to the price I actually gave—the 711
<hi rend="italic">l</hi>. odd includes those articles, and I think the Bristol cup and saucer and the Bristol figures—I put down for the Bristol cup and saucer at 78
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>.</p>
<hi rend="italic">Tuesday, Feb.</hi> 1, 1876.</p>
<hi rend="italic">The following witinesses were called for the defence:</hi></p>
<hi rend="smallCaps">
<persName id="t18760131-name-58" type="witnessName">
<interp inst="t18760131-name-58" type="gender" value="male"/>
<interp inst="t18760131-name-58" type="surname" value="JONES"/>
<interp inst="t18760131-name-58" type="given" value="CHARLES"/>CHARLES JONES</persName> </hi>. I am in the service of Mr. Jewell, who keeps a-sbop, for the sale of articles (of antiquity and vertu in Oxford—Street—I have been in his service about six years—I was formerly for three years in the service of Messrs: Wertheimer, of Bond Street-.! went from them to Mr. Jewell—I was present when, Clark first came, to Mr. Jewell's—I was present on the second day, the 25th, between, 11 and 12 o'clock-jn the morning he brought with him a salt stand which was very much damaged, two Wor
<lb/>cester saucers, and several other little things—Mr. Jewell said to him "I should like to know where you got these from"—Clark said "I left mycard yesterday morning, and I think you ought to know where I got the things from"—he had left his card the previous morning, I had seen it—Clark. then said "I bring them from, a party who has them from a lady,-a relation of his, to sell, and this lady has been in keeping by a gentleman for some years; lately he had left her, and she was obliged to dispose of the pro
<lb/>perty to maintain herself"—Mr. Jewell said "Did you buy them from the lady 1"—Clark said "No, it is a cousin of hers," or a brother-in-law, I do not know which he said exactly, "that brings them to him; and—I buy them of him as he lives in my neighbourhood"—he also said that he (Clark) had two uncles that were pawnbrokers—Mr. Jewell bought the-lot for 14
<hi rend="italic">l</hi>—I bad not the slightest suspicion that; there was anything wrong, and Mr. Jewell appeared to take the explanation as a genuine one—I was present on the 13th October and saw Clark—Mr. Jewell was not there then—Clark offered me four Worcester plates, one Chelsea plate,-and two pieces of blue Oriental for 7
<hi rend="italic">l</hi>.—I told him I should not buy them, as Mr. Jewell; told me that unless he told me the name of the lady the china came from he would not buy any more—Clark said "Mr. Jewell must think Lam a fool, he wants to take the bread out of my mouth," as much as to say that he would go there and buy the china himself, and that he should not get any money out of it—after that no china was purchased of Clark—the card was left on the 24th—I saw it on the 25th—I went to Clark's shop by Mr. Jewell's direction and had the card with me—I only went to see the shop, I didn't go inside, it was what I thought a business-looking shop, a double frontage shop at the corner of Croydon Street and Crawford Street—therewere</p>
<xptr type="pageFacsimile" doc="187601310024"/>
<p>china lustres and other things in the window, which made it look 1 ke a business-like shop—I returned and informed Mr. Jewell of what I had seen—the articles purchased of Clark were exposed in our shop like other articles for sale—ours—is a double shop with a centre door—some of the articles were exposed in the window and others on tables and in cabinets—they "were treated exactly in the same way as other articles that were for sale—there was no secrecy or concealment on the part of Mr. Jewell—I never received orders from him to conceal anything with reference to these articles—I should say the value of property altogether in the shop would be about 10,000
<hi rend="italic">l</hi>. or 12,000
<hi rend="italic">l</hi>.—I did not know Mr. Salting as a customer—I have known him, and I think he had been twice in our shop or three times, I am not certain—he had not purchased anything on either of these occasions—Mr. Jewell himself keeps the books; these are the day
<lb/>book and cash-book—the cash-book contains a list of the purchases that are made and the monies paid for them—every sale by Clark is entered in this book, that I know—the first sale on the 24 this "china "only, afterwards it is "Clark, china"—we have-a show-room upstairs where articles are exposed for sale—the amount given to Clark for all the things purchased of him was 100
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>.—I know Mr. Mendoza, he is a dealer in works of art at Liverpool, but he has a residence in London—this entry, dated October 7th, was, I should say, made at the time it purported to be made, in the ordinary course of business, I did not see the entry made; I saw it after it was made; I believe it is correct—some of the payments to Clark were made by cheque—these (
<hi rend="italic">produced</hi>) are the cheques—there is one of September 24th for 11
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., another of the same date 14
<hi rend="italic">l</hi>., and the 27th 7
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.; those are all payable to Clark—there were some cheques given upon which his name did not appear, and there were also payments in cash—I did not see this cup and saucer at the time it was purchased, I might have seen it the next day or the day after; I did not know it to be the rare cup and saucer that Mr. Salting has described, and I do not believe that Mr. Jewell did—I can hardly say whether Mr. Wertheimer called before or after this entry relating to Mr. Mendoza—I believe the things were sold to Mr. Mendoza previous to Mr. Wertheimer's coming—I believe Mr. Mendoza is not here—he is a dealer in articles similar to these at Liverpool—his father carried on business in London, I believe, at 498, New Oxford Street—he has died since these proceedings were commenced—here is a cheque for 110
<hi rend="italic">l</hi>.; 10
<hi rend="italic">s</hi>. paid to Mr. Mendoza on the 20th October, it is endorsed by Mr. Mendoza—during the whole time up to the 19th October, when Mr. Salting called, these articles were exposed like all others in the shop for sale—Mr. Salting called about 5.30 or.6 o'clock on the evening of the 19th and saw me—I then discovered it was a Bristol cup by looking into this book of Mr. Chaffers—I did not produce the cup from a safe, it was on a table at the back of the shop; it is all cabinets and tables there—there is no counter—I am perfectly certain that it never came out of a safe when I showed it to Mr. Salting—I showed him the two Cupids as well and the other two little figures—they were on the table with the cup and saucer—he asked me the price of the Bow figure which he saw in the cabinet—I said I could not tell him, it had only been in the place a week or two—I asked him 100
<hi rend="italic">l</hi>. for the cup—he asked me the reason I asked that price—he went away and came back again and saw Mr. Jewell—I heard some part of the conversa
<lb/>tion about the china—he bought the Bow figure and the plates, and I heard him tell Mr. Jewell "The china I have seen in your place has been stolen</p>
<xptr type="pageFacsimile" doc="187601310025"/>
<p>from my House"—Mr. Jewell said "I-am very sorry, I had not the slightest idea they were stolen"—Mr. Salting said "I shall have to fetch some one in to identify them,' and he went out and fetched in the detective—while he was gone Mr. Jewell told me to light up the back part of the shop—I did so, and when Mr. Salting came back he identified a number of articles and made a list of them while the detective was there—the officer was announced as a detective, so that I knew who he was—I believe the detective asked Mr. Jewell where he got the things from—he said "I bought them of a man of the name of Clark, but I have his card," and he sent me to look for" it; I was not able to find it, but I told Mr. Salting if I stopped there all night I would find it for him—Mr. Mendoza was sitting in the shop at the time, and Mr. Salting said to him "I should like to see that cup and saucer again" Mr. Mendoza said "I should like to show it you with pleasure," or "You can see it with pleasure," and he asked me to send round for it—a person name Dunning came into the shop at the time and said that he knew where Mr. Mendoza lived—I asked him to go round to Mr. Mendoza, and ask him to let him have the cup and saucer—he came back and said Mr. Mendoza was out—that was old Mr. Mendoz—I believe Mr. Jewell had got the cup and saucer on approbation for Mr. Mendoza after the sale to him—that is a usual thing—I know Mr. George of Albany Street—before the 19th October some. figures had been given to him on ap
<lb/>probation—it might have been three, four, or five days before—I saw Mr. Salting again on the 20th, and he then went to Mr. Mendoza's honse in Bloomsbury Square—I did not go with him—there was a detective with him then—Mr. George returned these two figures on the 25th—I took them from him; not from himself, but from a party whom he sent with them—it was in the morning—Mr. Salting was not present then—I did not find Clark's card—by Mr. Jewell's direction, I—went to Clark next morning, and saw him, and I said "Mr. Clark will you be kind enough to give me a card"—he said "Yes, with pleasure—I said "You have got Mr. Jewell into a very nice mess"—he said "What do you mean?"—I said "All the china he has been buying of you is stolen property"—he said "I do not believe it; I know it came from a gay lady"—I brought his card back, and gave it to Mr. Jewell, and he gave it to Mr. Salting—that was on the 20th, the same morning that I fetched it—when George's name was mentioned, Mr. Salt
<lb/>ing said "I know
<hi rend="italic">George;</hi> I will go up to his place"—he went up, and came back again—in the meantime the couple of Cupids—were returned and taken in by me—no charge bad been made against Mr. Jewell—we were aware on the night previous that the things had been stolen, because he had told us 50—I remember Mr. Salting calling on the 22nd with Butcher—at that time Mr. Mendoza had returned all the things sold to him alleged to have been stolen—I heard Mr. Jewell point them all out to Mr. Salting, and he identified most of them as his property—he looked round the shop, and I asked him if he would like to look upstairs, and I showed him up
<lb/>stairs—we gave him every facility to ascertain what were his goods—Mr. Jewell told him on the 20th that he would do everything that laid in his power to get the things back—in calling over the list I discovered that a piece of Swansea was missing, and I fetched the day book, and showed Mr. Salting the entry of the sale of it, and that piece was got back and returned to him with the others—after that Butcher produced his warrant, and ar
<lb/>rested Mr. Jewell on the charge of receiving these china pieces knowing them to be stolen—Mr. Jewell turned—round to Mr. Salting and said "I</p>
<xptr type="pageFacsimile" doc="187601310026"/>
<p>think you have used very harsh steps in this matter, I never had the slightest idea they were stolen when I bought them"—I know'tbat this case has been postponed several times—I believe Mr. Mendoza was here the Session before last—I did not see him—I was told he was here—I saw him in London—since then I have been to his house in London to try to find him, but have not been able to do so, or to hear anything of him—I was told he was out of town, and I did not know in what part of the world he was.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. STRAIGHT</hi>. He was often in Mr. Jewell's shop when he was in town—I would not swear one way or the other whether he was here last Sessions, I believe it was two Sessions ago that I saw him; I will swear I did not see him in the neighbourhood of this Court last Session, cr in London—I believe he paid for the china—I don't see any entry of the receipt of the money—Mr. "Wertheimer's entry is before Mr. Mendoza's—this book of Mr. Chaffers had been in Mr. Jewell's shop about two years he frequently had occasion to refer to it—it was on the 12th or 13th October, that it was first ascertained this cup and saucer were Bristol—Mr. Jewell called my attention to it—I was not present at the—saleof the Dresden spinning wheel group to Mr. Wertheimer; I knew nothing of Mr. Jewell having asked him 100
<hi rend="italic">l</hi>. for this cup and saucer—when I went to Clark I did not say "There is a bother about this property, and you had better get rid of any you have got"—I find by the day-book that the sale to Levy, is sometime after the sale to Mendoza—at the time Mr. Salting first came on the 19th, the things were on the premises; he went out for half an hour; I sent to Mr. Jewell at his request, and he came in about ten minutes—when Mr. Salting returned, the Bow figure and the two plates remained in the shop, the cup and saucer and the two figures were sent to Mr. Mendoza, because he was going to Liverpool next morning; they were in paper when I showed them to Mr. Salting, I believe, going round to Mr. Mendoza, to be packed to take to Liverpool—Mr. Jewell had them back from Mr. Mendoza, on approbation, he thought he could sell them—I believe Mr. Dunning took them to Mr. Mendoza—when Mr. Salting came back and asked to see the Bristol cup and saucer, he was referred to Mr. Mendoza, he was not told that it was impossible for him to see them—Mr. Salting asked Mr. Mendoza to allow him to see' the cup and saucer, and he said "Yes, with pleasure," and he said to me "Will you mind sending for the cup and saucer to my house?"—that was said in the presence of Mr. Salting—I have heard what he has sworn—I think it. was between 10 and 12 o'clock on the 20th, that Mr. Salting came with Butcher—I do not know when it was that the two Bristol figures were brought back from Mr. Mendoza's—I know that two of the Bristol figures were produced to Mr. Salting at Mr. Jewell's shop on the morning of the 20th—Butcher was sitting at the back of the shop while Mr. Salting went to George's—I do not know who the man was that brought back the two Cupids—he said "I have brought these back from Mr. George"—I had not seen the man before, and have never seen him since; I have frequently had transactions with George; I don'fc remember Butcher saying that he wished to see the person who brought them—Mr. Salting was absent about three quarters of an hour—I don't know when the two Cupids were seut to George; I believe he had them the previous evening—I believe he had them from Mr. Jewell on approba
<lb/>tion, to try and sell to a gentleman—Clark's name was not mentioned to Mr. Salting, on the first occasion—Mr. Jewell said no such thing as a</p>
<xptr type="pageFacsimile" doc="187601310027"/>
<p>traveller coming in from the street, with them—Mr. Jewejl said "I had them from a tradesman of the name of Clark, I have his card," and he sent me to find it—I did not show Mr. Salting, a manuscript book when he first called, nothing more than Chaffers book, no book with 200
<hi rend="italic">l</hi>. carried out—I asked 100
<hi rend="italic">l</hi>. for it—we have not got "Owen's Bristol china"—I know the book, but we never had it—Mr. Jewell's stock consists of English and foreign china—I can't tell when the whole of the property was brought round from Mr. Mendoza's, I believe it was on the morning of the 20th, but I am not sure, they came from the packers—after Mr. Salting's visit, Mr. Jewell asked Mr. Mendoza to re-sell it as it was all stolen property.</p>
<hi rend="italic">Re-examined.</hi> When I showed, the cup and saucer to Mr. Salting, on the evening of the 19th, it was wrapped up in tissue paper ready to be sent round to Mr. Mendoza's; I took it out of paper before Mr. Salting's eyes the cup was wrapped up separate from the saucer—in two or three different pieces of paper—that is not the way in which we keep china in the shop for sale.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-59" type="witnessName">
<interp inst="t18760131-name-59" type="gender" value="male"/>
<interp inst="t18760131-name-59" type="surname" value="GEORGE"/>
<interp inst="t18760131-name-59" type="given" value="JAMES"/>JAMES GEORGE</persName> </hi>. I live at 124, Albany Street, Regent's Park—I am a dealer in works of art and china—I am from time to time entrusted with articles of vertu and curiosities for sale—I have known Mr. Jewell about three years—I have from time to time received articles of vertu on approba
<lb/>tion from him—I have sold some for him—I recollect the 20th October and returning upon that date to Mr. Jewell some Bristol figures—it was about 11.30 in the morning—I had received them the night before, the 19th, about 8 o'clock—I had had these figures twice before and twice returned—them—they are the ones I exhibited to Mr. Salting at his residence in Green Street—Mr. Jewell did not know my address, he only knew me as a person en
<lb/>trusted by different dealers with articles on approbation, and he knew me from keeping a shop in Bloomsbury Square close to him.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. STRAIGHT</hi>. When I received the Cupids from Mr. Jewell he did not mention that a gentleman had been to his shop who said they were stolen—he said I was to return them as early as I could—I took them to show a customer; I did not name the customer—Mr. Jewell did not know my address—a great many do not know where I live—I am well known. in the trade—I have cards printed, one of which you have seen—I have known Mr. Jewell about three years, and have had about twenty transact tions with him altogether—I have had things from his place, but they have not been seut to my premises—there was a price for the Cupids with other articles given me by Mr. Jewell—I took away on the 19th the Cupids only, and told Mr. Jewell that I thought I could get a good price for them—there as no particular price named, I was to get what I could—I trusted to Mr. Jewell as to what I should have if I sold them—he had paid me numbers of prices for china I sold him on former occasions—I could not get a cus
<lb/>tomer for the Cupids—I did not see the gentleman, and I sent them back by a man I met by appointment.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-60" type="witnessName">
<interp inst="t18760131-name-60" type="gender" value="male"/>
<interp inst="t18760131-name-60" type="surname" value="WATSON"/>
<interp inst="t18760131-name-60" type="given" value="HENRY"/>HENRY WATSON</persName> </hi>. I was formerly in business as a dealer in antique articles—I am now living in Taverton Street, Gordon Square—I was about twenty-five years in business "before I left it—I know these Bristol cups—I should think at the time the—cup and saucer were made their cost would not be above 4
<hi rend="italic">l</hi>. or 5
<hi rend="italic">l</hi>. at the very outside—the values put upon these articles are fancy ones—some few years back a service realised next to nothing—I have known a complete service sold for less than 3
<hi rend="italic">l</hi>.—seven years ago this mania for Bristol china did not exist, it is quite recent—I</p>
<xptr type="pageFacsimile" doc="187601310028"/>
<p>hare myself sold a complete service for 10
<hi rend="italic">l</hi>.—it is a common thing to buy very cheap articles of china and sell them at very dear prices.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. STRAIGHT</hi>. There are books upon English china; I know of Owen's book on English china—I know there is actually a picture of these Bristol cups—I never heard until yesterday in Court that these cups were made for presentation to Edmund Burke, neither am I disposed to endorse it; nor as to the scarcity of these, and being made for the amount—I think it is very possible that if submitted now it would not fetch half the money—the rage is orfly among a few gentlemen, whose heads when they get together at a sale "go" like automatons—j have been out of business about ten years—I collect English and, Chelsea china, not Bristol.</p>
<hi rend="italic">Re-examined.</hi> My head does not "go" like an automaton with Bristol china, nor yet with others—the service that I say was sold for 3
<hi rend="italic">l</hi>. was of similar paste to this—these cups and saucers are imitated so closely that I very much question whether anyone in Court'would know one from the other—I have been thirty-six years in the study of china, and as to "real" and "imitation" I find myself at fault occasionally—I have known Mr. Jewell in the trads about five or six years, and during that time he has always borne the character of a very straightforward and honourable man.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-61" type="witnessName">
<interp inst="t18760131-name-61" type="gender" value="male"/>
<interp inst="t18760131-name-61" type="surname" value="HEIGHAM"/>
<interp inst="t18760131-name-61" type="given" value="GEORGE"/>GEORGE HEIGHAM</persName> </hi>. I am a silversmith, carrying on business at 139, High Holborn—I recollect in September last being in Mr. Jewell's shop when he was buying some china from Clark—I do not recollect what it was, but as far as I saw the transaction was straightforward—I know a little of this trade—I bought a pair of Chelsea vases for 3
<hi rend="italic">l</hi>. which I sold for 90
<hi rend="italic">l</hi>.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. STRAIGHT</hi>. According to my opinion the customer got the advantage in that case—I picked up the bargain at a sale and it paid well.</p>
<hi rend="italic">Re-examined.</hi> Acustomer getting the bargain means the article would be worth more now—they have been sold since for 180
<hi rend="italic">l</hi> </p>
<hi rend="smallCaps">
<persName id="t18760131-name-62" type="witnessName">
<interp inst="t18760131-name-62" type="gender" value="male"/>
<interp inst="t18760131-name-62" type="surname" value="WELSH"/>
<interp inst="t18760131-name-62" type="given" value="JOSEPH"/>JOSEPH WELSH</persName> </hi>. I live at 68, High Holborn—I am a dealer in china and antique furniture, and have been for the last thirty years—I have all my life been in the habit of purchasing at sales and otherwise—I bought at an auction at Sittingbourne a console table, a very beautiful one, for which I paid two guineas and sold it for eighty—the man to whom I sold it afterwards sold it to Baron'Kothschild for 160 guineas—I know of many instances of articles being bought at very small prices and sold at very high ones—I know Mr. Jewell well; he has always borne a high, straightforward, and honourable character; ho is only twenty-six years of age—these things are not always bought at sales—a friend of mine bought the other day from a lady and gentleman a service for 100
<hi rend="italic">l</hi>. for which had been given il.—it was "Worcester.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-63" type="witnessName">
<interp inst="t18760131-name-63" type="gender" value="male"/>
<interp inst="t18760131-name-63" type="surname" value="LIBBIS"/>
<interp inst="t18760131-name-63" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY LIBBIS</persName> </hi>. I a dealer in china and antique furniture at 112, Gray's Inn Road—I have been in that business thirty years—I hare been present in Court and heard the evidence of various witnesses as to the purchase at small prices and frequent sales, which I confirm—I know some
<lb/>thing myself of Bristol china; I have bought it very cheaply and sold it very dearly—I once bought a cup for
<hi rend="italic">Is.</hi> and sold it for 5
<hi rend="italic">l</hi>., and I remember similar instances in the experience of other dealers.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. STRAIGHT</hi>. I refer to Bristol china—I had the Bristol cup by me for which I gave 1
<hi rend="italic">s</hi>., and when the rage was for that china I took it out and sold it—Bristol china is very valuable amongst a few—I daresay I had the cup in my possession six or seven, years; I bought it at a sale; I did not know it was Bristol at the time.</p>
<xptr type="pageFacsimile" doc="187601310029"/>
<hi rend="smallCaps">
<persName id="t18760131-name-64" type="witnessName">
<interp inst="t18760131-name-64" type="gender" value="male"/>
<interp inst="t18760131-name-64" type="surname" value="EYLES"/>
<interp inst="t18760131-name-64" type="given" value="JOHN"/>JOHN EYLES</persName> </hi>. I carry on business at Hanway Street—I am a. dealer in china and antique furniture—I have been a dealer all my life—I have heard the various gentlemen examined, and I agree in their statements that it is a habit to buy china cheaply and sell it dearly—I saw a Bristol—tea service purchased for 16
<hi rend="italic">s</hi>. and it fetched 20
<hi rend="italic">l</hi>. in auction afterwards—I also know of a Worcester teapot being bought for 1
<hi rend="italic">l</hi>. and sold afterwards for 45
<hi rend="italic">l</hi>.</p>
<hi rend="smallCaps">MR. LICKFOLD</hi>. I am a solicitor, engaged with Messrs. Lewis & Lewis; managing most of their business—at the last Session I prepared "this" affidavit (
<hi rend="italic">produced</hi>) whichhas reference to Mendoza'a absence in Paris—I saw Mr. Mendoza before the previous Session at this Court, the last Session but one, when the case was postponed at the instance of the prosecution, because of the absence of Mr. Wertheimer—I took a deposition from Mr. Mendoza in the ordinary wayy and I subpÅ“naed him to—attend, here—the next Session I ascertained that ie had gone Paris—I hav-e made every effort to find him, but have been unable to do so, or his "address; I—believe He was not here last Session.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-65" type="witnessName">
<interp inst="t18760131-name-65" type="gender" value="male"/>
<interp inst="t18760131-name-65" type="surname" value="DUNNING"/>
<interp inst="t18760131-name-65" type="given" value="WILLIAM"/>WILLIAM DUNNING</persName> </hi>. I am a furniture salesman—I know Mr. Jewell—1 went on the 19th October with a message for him to Mr. Mendoza—I was present on that date in Mr. Jewell's shop when Mr. Mendoza Mr. Salting, and Mr. Jewell were there—I did not know then who they were, but I do now—Mr. Jewell on that occasion asked me to take a parcel round to 27, Bloomsbury Squre—that was between 5 and 6 o'clock in the evening—I found Mr. Mendoza, the old gentleman; he opened the door, and I said "I have brought a parcel from Mr. Jewell'"—I went on another errand that day for Mr. Jones; about an hour afterwards, but Mr. Mendoza was not at home the second time—I went back and told Mr. Jones.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. STAIGHT</hi>. When I first went round to Mendoza the gentlemen were not in the shop—I only saw Mr. Jewell—I am a furniture salesman, but often at Mr. Jewell's—I am employed by his brother, next door but one—he is a furniture dealer—I never saw Mr. Salting until the present time to know him—I won't swear to seeing him on the 19th, be
<lb/>cause they were too far away for me to see who they were—they might have heard the conversation between Mr. Jones and myself—but the shop is very long.</p>
<hi rend="italic">Jewell received an excellent character.</hi></p>
<hi rend="largeCaps">JEWELL</hi> and
<hi rend="largeCaps">CLARK</hi>
<hi rend="smallCaps">
<rs id="t18760131-153-verdict-2" type="verdictDescription">
<interp inst="t18760131-153-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18760131-153-verdict-2" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi> </p>
<hi rend="largeCaps">LYNN</hi>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">
<rs id="t18760131-153-punishment-5" type="punishmentDescription">
<interp inst="t18760131-153-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18760131-153-punishment-5" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-153-18760131 t18760131-153-punishment-5"/>Eighteen Months Imprisonment.</rs> </hi></p>
<hi rend="largeCaps">WILMORE</hi>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">
<rs id="t18760131-153-punishment-6" type="punishmentDescription">
<interp inst="t18760131-153-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18760131-153-punishment-6" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-153-18760131 t18760131-153-punishment-6"/>Five Years'Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18760131-154">
<interp inst="t18760131-154" type="uri" value="sessionsPapers/18760131"/>
<interp inst="t18760131-154" type="date" value="18760131"/>
<join result="criminalCharge" id="t18760131-154-charge-1" targOrder="Y" targets="def1-154-18760131 t18760131-154-offence-1 t18760131-154-verdict-1"/>
<persName id="def1-154-18760131" type="defendantName">
<interp inst="def1-154-18760131" type="gender" value="male"/>
<interp inst="def1-154-18760131" type="age" value="27"/>
<interp inst="def1-154-18760131" type="surname" value="HARDING"/>
<interp inst="def1-154-18760131" type="given" value="WALTER"/>
<hi rend="largeCaps">WALTER HARDING</hi> (27)</persName>,
<hi rend="smallCaps">
<rs id="t18760131-154-verdict-1" type="verdictDescription">
<interp inst="t18760131-154-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760131-154-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18760131-154-offence-1" type="offenceDescription">
<interp inst="t18760131-154-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760131-154-offence-1" type="offenceSubcategory" value="stealingFromMaster"/> to stealing 12
<hi rend="italic">l</hi>. and other sums of
<persName id="t18760131-name-67" type="victimName">
<interp inst="t18760131-name-67" type="gender" value="male"/>
<interp inst="t18760131-name-67" type="surname" value="PARKINSON"/>
<interp inst="t18760131-name-67" type="given" value="WILLIAM COULSON"/>
<join result="offenceVictim" targOrder="Y" targets="t18760131-154-offence-1 t18760131-name-67"/>William Coulson Parkinson</persName>, his master. </rs>
<hi rend="italic">Recommended to mercy—</hi>
<hi rend="italic">
<rs id="t18760131-154-punishment-7" type="punishmentDescription">
<interp inst="t18760131-154-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18760131-154-punishment-7" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-154-18760131 t18760131-154-punishment-7"/>Six Months' Imprisonment.</rs> </hi> And</p> </div1>
<div1 type="trialAccount" id="t18760131-155">
<interp inst="t18760131-155" type="uri" value="sessionsPapers/18760131"/>
<interp inst="t18760131-155" type="date" value="18760131"/>
<join result="criminalCharge" id="t18760131-155-charge-1" targOrder="Y" targets="def1-155-18760131 t18760131-155-offence-1 t18760131-155-verdict-1"/>
<persName id="def1-155-18760131" type="defendantName">
<interp inst="def1-155-18760131" type="gender" value="male"/>
<interp inst="def1-155-18760131" type="age" value="55"/>
<interp inst="def1-155-18760131" type="surname" value="STRINGER"/>
<interp inst="def1-155-18760131" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY STRINGER</hi> (55)</persName>
<rs id="t18760131-155-verdict-1" type="verdictDescription">
<interp inst="t18760131-155-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760131-155-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs>
<rs id="t18760131-155-offence-1" type="offenceDescription">
<interp inst="t18760131-155-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760131-155-offence-1" type="offenceSubcategory" value="embezzlement"/>, to embezzling the sums of 1000
<hi rend="italic">l</hi>., 94
<hi rend="italic">l</hi>., and other monies of
<persName id="t18760131-name-69" type="victimName">
<interp inst="t18760131-name-69" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18760131-155-offence-1 t18760131-name-69"/>Rhodes, Cobb, and other</persName>," his masters.—</rs>
<rs id="t18760131-155-punishment-8" type="punishmentDescription">
<interp inst="t18760131-155-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18760131-155-punishment-8" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-155-18760131 t18760131-155-punishment-8"/>
<hi rend="italic">Five Years' Penal Servitude.</hi> </rs> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, February</hi> 1
<hi rend="italic">st</hi>, 1876.</p>
<hi rend="italic">Before
<persName id="t18760131-name-70" type="judiciaryName">
<interp inst="t18760131-name-70" type="gender" value="male"/>
<interp inst="t18760131-name-70" type="surname" value="KERR"/>
<interp inst="t18760131-name-70" type="given" value="ROBERT MALCOLM"/>Robert Maleom Kerr</persName>, Esq.</hi> </p>
<div1 type="trialAccount" id="t18760131-156">
<interp inst="t18760131-156" type="uri" value="sessionsPapers/18760131"/>
<interp inst="t18760131-156" type="date" value="18760131"/>
<join result="criminalCharge" id="t18760131-156-charge-1" targOrder="Y" targets="def1-156-18760131 t18760131-156-offence-1 t18760131-156-verdict-1"/>
<persName id="def1-156-18760131" type="defendantName">
<interp inst="def1-156-18760131" type="gender" value="male"/>
<interp inst="def1-156-18760131" type="age" value="43"/>
<interp inst="def1-156-18760131" type="surname" value="ALISCH"/>
<interp inst="def1-156-18760131" type="given" value="ALEXANDER"/>
<hi rend="largeCaps">ALEXANDER ALISCH</hi> (43)</persName>,
<hi rend="smallCaps">
<rs id="t18760131-156-verdict-1" type="verdictDescription">
<interp inst="t18760131-156-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760131-156-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18760131-156-offence-1" type="offenceDescription">
<interp inst="t18760131-156-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760131-156-offence-1" type="offenceSubcategory" value="stealingFromMaster"/> to three—in
<lb/>dictments for stealing sums amounting altogether to 5,307
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>., of
<persName id="t18760131-name-72" type="victimName">
<interp inst="t18760131-name-72" type="gender" value="male"/>
<interp inst="t18760131-name-72" type="surname" value="BIEDERMAN"/>
<interp inst="t18760131-name-72" type="given" value="ALFRED"/>
<join result="offenceVictim" targOrder="Y" targets="t18760131-156-offence-1 t18760131-name-72"/>Alfred Biederman</persName> and others, his masters.—</rs>
<hi rend="italic">
<rs id="t18760131-156-punishment-9" type="punishmentDescription">
<interp inst="t18760131-156-punishment-9" type="punishmentCategory" value="noPunish"/>
<interp inst="t18760131-156-punishment-9" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-156-18760131 t18760131-156-punishment-9"/>Judgment respited</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18760131-157">
<interp inst="t18760131-157" type="uri" value="sessionsPapers/18760131"/>
<interp inst="t18760131-157" type="date" value="18760131"/>
<join result="criminalCharge" id="t18760131-157-charge-1" targOrder="Y" targets="def1-157-18760131 t18760131-157-offence-1 t18760131-157-verdict-1"/>
<persName id="def1-157-18760131" type="defendantName">
<interp inst="def1-157-18760131" type="gender" value="male"/>
<interp inst="def1-157-18760131" type="age" value="50"/>
<interp inst="def1-157-18760131" type="surname" value="CLARK"/>
<interp inst="def1-157-18760131" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES CLARK</hi> (50)</persName>
<rs id="t18760131-157-verdict-1" type="verdictDescription">
<interp inst="t18760131-157-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760131-157-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs>
<rs id="t18760131-157-offence-1" type="offenceDescription">
<interp inst="t18760131-157-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760131-157-offence-1" type="offenceSubcategory" value="burglary"/>, to burglariously breaking and entering the dwelling-house of
<persName id="t18760131-name-74" type="victimName">
<interp inst="t18760131-name-74" type="gender" value="male"/>
<interp inst="t18760131-name-74" type="surname" value="EDWARD-RILEY"/>
<interp inst="t18760131-name-74" type="given" value="SAMUEL"/>
<join result="offenceVictim" targOrder="Y" targets="t18760131-157-offence-1 t18760131-name-74"/>Samuel Edward-Ridley</persName>, and stealing a coffee pot and</rs> </p>
<xptr type="pageFacsimile" doc="187601310030"/>
<p>other articles, his property—
<rs id="t18760131-157-punishment-10" type="punishmentDescription">
<interp inst="t18760131-157-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18760131-157-punishment-10" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-157-18760131 t18760131-157-punishment-10"/>
<hi rend="italic">Twelve Months' Imprisonment.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18760131-158">
<interp inst="t18760131-158" type="uri" value="sessionsPapers/18760131"/>
<interp inst="t18760131-158" type="date" value="18760131"/>
<join result="criminalCharge" id="t18760131-158-charge-1" targOrder="Y" targets="def1-158-18760131 t18760131-158-offence-1 t18760131-158-verdict-1"/>
<persName id="def1-158-18760131" type="defendantName">
<interp inst="def1-158-18760131" type="gender" value="male"/>
<interp inst="def1-158-18760131" type="age" value="32"/>
<interp inst="def1-158-18760131" type="surname" value="SWEENEY"/>
<interp inst="def1-158-18760131" type="given" value="MICHAEL"/>
<hi rend="largeCaps">MICHAEL SWEENEY</hi> (32)</persName>
<rs id="t18760131-158-verdict-1" type="verdictDescription">
<interp inst="t18760131-158-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760131-158-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs>
<rs id="t18760131-158-offence-1" type="offenceDescription">
<interp inst="t18760131-158-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760131-158-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, to stealing a watch and chain, the property of
<persName id="t18760131-name-76" type="victimName">
<interp inst="t18760131-name-76" type="gender" value="male"/>
<interp inst="t18760131-name-76" type="surname" value="PAGE"/>
<interp inst="t18760131-name-76" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18760131-158-offence-1 t18760131-name-76"/>John Page</persName>. </rs>
<hi rend="italic">Recommended to mercy by the prosecutor—
<rs id="t18760131-158-punishment-11" type="punishmentDescription">
<interp inst="t18760131-158-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18760131-158-punishment-11" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-158-18760131 t18760131-158-punishment-11"/>Twelve Months' Imprison
<lb/>ment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18760131-159">
<interp inst="t18760131-159" type="uri" value="sessionsPapers/18760131"/>
<interp inst="t18760131-159" type="date" value="18760131"/>
<join result="criminalCharge" id="t18760131-159-charge-1" targOrder="Y" targets="def1-159-18760131 t18760131-159-offence-1 t18760131-159-verdict-1"/>
<persName id="def1-159-18760131" type="defendantName">
<interp inst="def1-159-18760131" type="gender" value="male"/>
<interp inst="def1-159-18760131" type="age" value="37"/>
<interp inst="def1-159-18760131" type="surname" value="KING"/>
<interp inst="def1-159-18760131" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN KING</hi> (37)</persName>
<rs id="t18760131-159-verdict-1" type="verdictDescription">
<interp inst="t18760131-159-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760131-159-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs>
<rs id="t18760131-159-offence-1" type="offenceDescription">
<interp inst="t18760131-159-offence-1" type="offenceCategory" value="damage"/>
<interp inst="t18760131-159-offence-1" type="offenceSubcategory" value="other"/>, to wilfully damaging a sheet of glass to the value of 5
<hi rend="italic">l</hi>.—</rs>
<rs id="t18760131-159-punishment-12" type="punishmentDescription">
<interp inst="t18760131-159-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18760131-159-punishment-12" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-159-18760131 t18760131-159-punishment-12"/>
<hi rend="italic">Four Months' Imprisonment.</hi> </rs> And</p> </div1>
<div1 type="trialAccount" id="t18760131-160">
<interp inst="t18760131-160" type="uri" value="sessionsPapers/18760131"/>
<interp inst="t18760131-160" type="date" value="18760131"/>
<join result="criminalCharge" id="t18760131-160-charge-1" targOrder="Y" targets="def1-160-18760131 t18760131-160-offence-1 t18760131-160-verdict-1"/>
<persName id="def1-160-18760131" type="defendantName">
<interp inst="def1-160-18760131" type="gender" value="male"/>
<interp inst="def1-160-18760131" type="age" value="21"/>
<interp inst="def1-160-18760131" type="surname" value="LANGHAM"/>
<interp inst="def1-160-18760131" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN LANGHAM</hi> (21)</persName>
<rs id="t18760131-160-verdict-1" type="verdictDescription">
<interp inst="t18760131-160-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760131-160-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: see original trial image]</rs>
<rs id="t18760131-160-offence-1" type="offenceDescription">
<interp inst="t18760131-160-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760131-160-offence-1" type="offenceSubcategory" value="pocketpicking"/>, to stealing a watch and part of a chain from the person of
<persName id="t18760131-name-79" type="victimName">
<interp inst="t18760131-name-79" type="gender" value="male"/>
<interp inst="t18760131-name-79" type="surname" value="HAYWARD"/>
<interp inst="t18760131-name-79" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18760131-160-offence-1 t18760131-name-79"/>George Hayward</persName></rs>
<rs id="t18760131-160-punishment-13" type="punishmentDescription">
<interp inst="t18760131-160-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18760131-160-punishment-13" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-160-18760131 t18760131-160-punishment-13"/>
<hi rend="italic">Twelve Montlis' Imprisonment.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18760131-161">
<interp inst="t18760131-161" type="uri" value="sessionsPapers/18760131"/>
<interp inst="t18760131-161" type="date" value="18760131"/>
<join result="criminalCharge" id="t18760131-161-charge-1" targOrder="Y" targets="def1-161-18760131 t18760131-161-offence-1 t18760131-161-verdict-1"/>
<persName id="def1-161-18760131" type="defendantName">
<interp inst="def1-161-18760131" type="gender" value="male"/>
<interp inst="def1-161-18760131" type="age" value="20"/>
<interp inst="def1-161-18760131" type="surname" value="SYRETT"/>
<interp inst="def1-161-18760131" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM SYRETT</hi> (20)</persName>
<rs id="t18760131-161-offence-1" type="offenceDescription">
<interp inst="t18760131-161-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760131-161-offence-1" type="offenceSubcategory" value="burglary"/>, Burglariously breaking and entering the dwelling-house of
<persName id="t18760131-name-81" type="victimName">
<interp inst="t18760131-name-81" type="gender" value="male"/>
<interp inst="t18760131-name-81" type="surname" value="THOMPSON"/>
<interp inst="t18760131-name-81" type="given" value="GEORGE"/>
<interp inst="t18760131-name-81" type="occupation" value="pawnbroker"/>
<join result="offenceVictim" targOrder="Y" targets="t18760131-161-offence-1 t18760131-name-81"/>George Thompson</persName>, with intent to steal.</rs> </p>
<hi rend="smallCaps">MR. C. MATHEWS</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760131-name-82" type="witnessName">
<interp inst="t18760131-name-82" type="gender" value="male"/>
<interp inst="t18760131-name-82" type="surname" value="SANDERS"/>
<interp inst="t18760131-name-82" type="given" value="GEORGE"/>GEORGE SANDERS</persName> </hi>. I am assistant to George Thompson, a pawnbroker, of 48, New North Road—I sleep on—the premises—on 7th January, about 11.30, I fastened up the house, and secured the first floor landing window by a catch—about 1.451 heard a dog bark, and awoke my fellow-servant—I went into a back room and heard a rattle springing—I stood at the street door and saw constable Doughty, who made a communication to me—I re
<lb/>turned upstairs and he followed me—I then saw the prisoner with his legs and part of his legs and part of his body through—the window which I had secured over
<lb/>night, and which was then open, there are bars inside the window, and there was a bradawl inserted in it to help it up—the policeman pulled the prisoner into the Tiouse—he said "'Help"—two constables came, and one of them went into the back yard and brought back the
<hi rend="italic">jemmy</hi> and dark Lin-tern—the prisoner said he would use the
<hi rend="italic">jemmy</hi> in self-defence.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> The bars are about 12 inches high and 7 inches wide—I did not know that you were fixed, and I did not think you could get through—I just pricked you in the thigh seven times with this swofdstick.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-83" type="witnessName">
<interp inst="t18760131-name-83" type="gender" value="male"/>
<interp inst="t18760131-name-83" type="surname" value="DOUGHTY"/>
<interp inst="t18760131-name-83" type="given" value="SAMUEL"/>SAMUEL DOUGHTY</persName> </hi> (
<hi rend="italic">Policeman K</hi> 107). Iwas on duty and saw the pri
<lb/>soner half in and half out of the first floor landing window, which was partly open—I sprang my rattle, Sanders let me in, and I saw the prisoner in the window—I pulled him through and took him into custody—I found this
<hi rend="italic">jemmy</hi> and dark lantern—I searched the prisoner and found this rope, and this American glass cutter—I found this gimlet in the window to keep it up, and this mask and hat outside the window—I took him to the station, and on the charge being read over, he told me that I should have done the same if I had been out of work for three months.</p>
<hi rend="italic">Cross-examined.</hi> You offered no resistance but you were kicking very violently in the window—Sanders was using a sword stick—I was present when the surgeon examined me—I saw seven marks of wounds, on your thighs.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>.
<hi rend="italic">The jemmy</hi> is loaded in this way (with lead) as a life preserver, and he told me he should use it to defend himself—I found it below him in the yard.</p>
<hi rend="italic">Prisoner's Defence.</hi> I have suffered greatly from being stabbed—I was in great distress—this is my first offence.</p>
<hi rend="smallCaps">
<rs id="t18760131-161-verdict-1" type="verdictDescription">
<interp inst="t18760131-161-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760131-161-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18760131-161-punishment-14" type="punishmentDescription">
<interp inst="t18760131-161-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18760131-161-punishment-14" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-161-18760131 t18760131-161-punishment-14"/>Five Years' Penal Servitude</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18760131-162">
<interp inst="t18760131-162" type="uri" value="sessionsPapers/18760131"/>
<interp inst="t18760131-162" type="date" value="18760131"/>
<join result="criminalCharge" id="t18760131-162-charge-1" targOrder="Y" targets="def1-162-18760131 t18760131-162-offence-1 t18760131-162-verdict-1"/>
<join result="criminalCharge" id="t18760131-162-charge-2" targOrder="Y" targets="def2-162-18760131 t18760131-162-offence-1 t18760131-162-verdict-2"/>
<persName id="def1-162-18760131" type="defendantName">
<interp inst="def1-162-18760131" type="gender" value="female"/>
<interp inst="def1-162-18760131" type="age" value="20"/>
<interp inst="def1-162-18760131" type="surname" value="HICKMOTT"/>
<interp inst="def1-162-18760131" type="given" value="CAROLINE"/>
<interp inst="def1-162-18760131" type="occupation" value="servant"/>
<hi rend="largeCaps">CAROLINE HICKMOTT</hi> (20)</persName>,
<hi rend="italic">and</hi>
<persName id="def2-162-18760131" type="defendantName">
<interp inst="def2-162-18760131" type="gender" value="male"/>
<interp inst="def2-162-18760131" type="age" value="23"/>
<interp inst="def2-162-18760131" type="surname" value="CLAY"/>
<interp inst="def2-162-18760131" type="given" value="JOHN"/>
<interp inst="def2-162-18760131" type="occupation" value="soldier"/>
<hi rend="largeCaps">JOHN CLAY</hi> (23)</persName>
<rs id="t18760131-162-offence-1" type="offenceDescription">
<interp inst="t18760131-162-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760131-162-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, Stealing a shawl, a shirt, and other articles, and 10Z. in money, of
<persName id="t18760131-name-86" type="victimName">
<interp inst="t18760131-name-86" type="gender" value="male"/>
<interp inst="t18760131-name-86" type="surname" value="MOTT"/>
<interp inst="t18760131-name-86" type="given" value="CHARLES"/>
<interp inst="t18760131-name-86" type="occupation" value="brewer's collector"/>
<join result="offenceVictim" targOrder="Y" targets="t18760131-162-offence-1 t18760131-name-86"/>Charles Mott</persName>, the master of Hickmott in his dwelling-house.</rs> </p>
<hi rend="smallCaps">MR. J. P. GRAIN</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760131-name-87" type="witnessName">
<interp inst="t18760131-name-87" type="gender" value="male"/>
<interp inst="t18760131-name-87" type="surname" value="MOTT"/>
<interp inst="t18760131-name-87" type="given" value="CHARLES"/>CHARLES MOTT</persName> </hi>. I am a brewer's collector, and live at 8, Manor Road,</p>
<xptr type="pageFacsimile" doc="187601310031"/>
<p>Stamford Hill—on the-night of 20th January I went to bed-after examining the house and leaving all safe and the hall door chain up,"as far as I know—my children's money boxes were in the dining room—I heard a noise about 1 o'clock, got up, and finding the house as I left it, went to bed again—I heard another noise about 3 o'clock and my wife went into the nurse's room; she then came back and I went down and found the dining-room door wide open and the keys in—the money boxes—the key of one cup
<lb/>board had been left in another cupboard, when we retired to rest—10
<hi rend="italic">l</hi>. or 11
<hi rend="italic">l</hi>. was in the money boxes, and it was all gone except two small coins—Hickmott had been In my service-three months—she was under notice to leave on that day, Thursday, the 20th, but she had agreed to stay until the following morning—her box went away on the 19th—I identify this property (
<hi rend="italic">produced</hi>).</p>
<hi rend="smallCaps">
<persName id="t18760131-name-88" type="witnessName">
<interp inst="t18760131-name-88" type="gender" value="male"/>
<interp inst="t18760131-name-88" type="surname" value="RALPH"/>
<interp inst="t18760131-name-88" type="given" value="WILLIAM"/>WILLIAM RALPH</persName> </hi> (
<hi rend="italic">Policeman M</hi> 160). On 21st January, about 1.30 a.m., I was on duty at Stamford Hill—I saw Clay'in soldier's uniform under a, lamp in Manor Road 2 or 3 yards from Mr. Mott's house and a woman by his side—they passed me and I saw that she was wearing this shawl—next morning at 9.55 I saw Clay at the station-house in his present dress.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-89" type="witnessName">
<interp inst="t18760131-name-89" type="gender" value="female"/>
<interp inst="t18760131-name-89" type="surname" value="PEACOCK"/>
<interp inst="t18760131-name-89" type="given" value="FLORENCE ELIZABETH"/>FLORENCE ELIZABETH PEACOCK</persName> </hi>. On 21st January I was nurse at Mr. Mott's, and on that evening Hickmott and I went up to bed together but we slept in different rooms—I heard a noise in the night—this (
<hi rend="italic">produced</hi>) is Hickmott's clothes box, it had been'taken downstairs on the 29th, previous to her going, and it war sent away directed "Caroline Hickmott, Paddington Station, till called for."</p>
<hi rend="smallCaps">
<persName id="t18760131-name-90" type="witnessName">
<interp inst="t18760131-name-90" type="gender" value="male"/>
<interp inst="t18760131-name-90" type="surname" value="GOLDSMITH"/>
<interp inst="t18760131-name-90" type="given" value="SOLOMON"/>SOLOMON GOLDSMITH</persName> </hi>. I am assistant to Moses & Sons, of Aldgate—on 20th January the two prisoners came there—Clay was in soldier's uniform—he bought the suit of clothes he now has on, and paid, to the best of my recollection 2
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. for them—he also bought some shirts collars, boots, and a hat—it amounted altogether to something under 5
<hi rend="italic">l</hi>—he paid out of his own pocket—when he was trying the trousers on I asked him if he was going to leave the service, he said "Yes, she has bought me off; I should never have sufficient money to pay for it"—he went away in the, uniform carrying the clothes under his arm.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-91" type="witnessName">
<interp inst="t18760131-name-91" type="gender" value="male"/>
<interp inst="t18760131-name-91" type="surname" value="ARMSTONG"/>
<interp inst="t18760131-name-91" type="given" value="JAMES"/>JAMBS ARMSTONG</persName> </hi> (
<hi rend="italic">Detective Officer M</hi>). Early on 21st January, Mr. Mott gave me information and I went to Paddington station at 8.30, and wafted there till 4 p.m., when the two prisoners drove up in a cab and went to the booking-office and claimed the box—I—told Clay I believed him to be a soldier who I saw with the girl in Manor Road—he said "Very well"—I put them into a cab and told them I should charge fhem with being con
<lb/>cerned in stealing 10
<hi rend="italic">l</hi>. from No. 8 Manor Road—Hickmott said "It is all through you or else I should not have done it"—he said "Don't say that
<hi rend="italic">Carry</hi>, I knew you would"—she said "You know it was, I should not have done it if it had not been through you at all"—he said "Then we will both die together before we get to the b——station"—she said "Yes, so we will"—he said "But you had better tear up all the papers, and it will take them all the b——time to find! me out"—he said tome "Look here, I will give you a sovereign to let us go"—I said "I want no sovereign, you will have to go the station"—he said "I will knock you b——head through the cab window"—Hickmott pulled some papers-out of her pocket and tore them up—I made a snatch at them, and said "Don't do "that"—Clay said "Now you are clever, but you have not got it"—I said "Very well"—he said "Now you nave torn—everything up, have not you?"—she</p>
<xptr type="pageFacsimile" doc="187601310032"/>
<p>said "Yes"—he said "Ob, but here is; the b——: umbrella," and threw it out at the window into the road—I stopped, the cab and it was picked up—he said "Now there is nothing else, all that we have got belongs to me mind"—she said "Yes, it is all yours"—he said "Now we are. all right they may do what they b——can"—I found a comforter under the cab seat which had been on Hickmott's arm at the railway station, and Clay said in the station "That is my property"—the box was searched and it contained all these things—I searched Clay and found on him about 3
<hi rend="italic">l</hi>. 17
<hi rend="italic">s</hi>. and some halfpence.</p>
<hi rend="italic">Cross-examined by Clay.</hi> When I put my hands on each of you the rail
<lb/>way people fetched a cab; I did not tell you that you ought to be where Henry Wainwright is now.</p>
<hi rend="italic">The Prisoner's Statements before the Magistrate. Clay says</hi>: When I saw her on the morning of the 20th, she had not got a blessed halfpenny in her pocket, and the money I purchased these clothes with my sister sent to me, some of it, and not only that, I had some sporting money coming to me; I deny using bad language in the cab with the officer; he did not want to take me, only my wife, but I would go with him."
<hi rend="italic">Hickmott says</hi>: "I wish to say I had no, money when I left, Mr. Mott's house; heard Mr. Mott come home, and I heard him go to bed, and I heard the same noise that, he heard; I opened the night nursery door and listened; I heard Mr. Mott come out of bedroom door, and when he went into his bedroom I went back into, the nursery; about 1.15 I went downstairs, I saw a light before I got downstairs; before I got down to the bottom of the stairs the light was gone; I saw the dining-room and drawing-room doors were wide open; I went straight to the front door, it was not chained; I opened it and went out."</p>
<hi rend="largeCaps">HICKMOTT</hi>
<rs id="t18760131-162-verdict-1" type="verdictDescription">
<interp inst="t18760131-162-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760131-162-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi></rs>
<rs id="t18760131-162-punishment-15" type="punishmentDescription">
<interp inst="t18760131-162-punishment-15" type="punishmentCategory" value="noPunish"/>
<interp inst="t18760131-162-punishment-15" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-162-18760131 t18760131-162-punishment-15"/>
<hi rend="italic">Judgment respited.</hi> </rs>
<hi rend="largeCaps">CLAY</hi>
<hi rend="smallCaps">
<rs id="t18760131-162-verdict-2" type="verdictDescription">
<interp inst="t18760131-162-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18760131-162-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18760131-162-punishment-16" type="punishmentDescription">
<interp inst="t18760131-162-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18760131-162-punishment-16" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-162-18760131 t18760131-162-punishment-16"/>Seven Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18760131-163">
<interp inst="t18760131-163" type="uri" value="sessionsPapers/18760131"/>
<interp inst="t18760131-163" type="date" value="18760131"/>
<join result="criminalCharge" id="t18760131-163-charge-1" targOrder="Y" targets="def1-163-18760131 t18760131-163-offence-1 t18760131-163-verdict-1"/>
<join result="criminalCharge" id="t18760131-163-charge-2" targOrder="Y" targets="def2-163-18760131 t18760131-163-offence-1 t18760131-163-verdict-2"/>
<persName id="def1-163-18760131" type="defendantName">
<interp inst="def1-163-18760131" type="gender" value="male"/>
<interp inst="def1-163-18760131" type="age" value="44"/>
<interp inst="def1-163-18760131" type="surname" value="REYNOLDS"/>
<interp inst="def1-163-18760131" type="given" value="CORNELIUS"/>
<hi rend="largeCaps">CORNELIUS REYNOLDS</hi> (44)</persName>
<hi rend="italic">and</hi>
<persName id="def2-163-18760131" type="defendantName">
<interp inst="def2-163-18760131" type="gender" value="male"/>
<interp inst="def2-163-18760131" type="age" value="28"/>
<interp inst="def2-163-18760131" type="surname" value="WISE"/>
<interp inst="def2-163-18760131" type="given" value="GEORGE"/>
<interp inst="def2-163-18760131" type="occupation" value="foreman of carpenters"/>
<hi rend="largeCaps">GEORGE WISE</hi> (28)</persName>, were indicted (
<hi rend="italic">with
<persName id="t18760131-name-94">
<interp inst="t18760131-name-94" type="gender" value="male"/>
<interp inst="t18760131-name-94" type="surname" value="BARTON"/>
<interp inst="t18760131-name-94" type="given" value="THOMAS"/>
<interp inst="t18760131-name-94" type="occupation" value="timekeeper"/>Thomas Barton</persName> and
<persName id="t18760131-name-95">
<interp inst="t18760131-name-95" type="gender" value="male"/>
<interp inst="t18760131-name-95" type="surname" value="GIBBS"/>
<interp inst="t18760131-name-95" type="given" value="SAMUEL"/>
<interp inst="t18760131-name-95" type="occupation" value="foreman of carpenters"/>Samuel Gibbs</persName> not in custody</hi>)
<rs id="t18760131-163-offence-1" type="offenceDescription">
<interp inst="t18760131-163-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18760131-163-offence-1" type="offenceSubcategory" value="fraud"/>for con
<lb/>spiring to obtain divers monies from
<persName id="t18760131-name-96" type="victimName">
<interp inst="t18760131-name-96" type="gender" value="male"/>
<interp inst="t18760131-name-96" type="surname" value="WALKER"/>
<interp inst="t18760131-name-96" type="given" value="THOMAS ANDREW"/>
<join result="offenceVictim" targOrder="Y" targets="t18760131-163-offence-1 t18760131-name-96"/>Thomas Andrew Walker</persName>, with intent to defraud.</rs> </p>
<hi rend="smallCaps">MESSES. BESLEY</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">HORACE AVORY</hi>
<hi rend="italic">conducted, the Prosecution; and</hi> Mr.
<hi rend="smallCaps">MONTAGU WILLIAMS</hi>
<hi rend="italic">defended Reynolds.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760131-name-97" type="witnessName">
<interp inst="t18760131-name-97" type="gender" value="male"/>
<interp inst="t18760131-name-97" type="surname" value="COE"/>
<interp inst="t18760131-name-97" type="given" value="JOHN"/>JOHN COE</persName> </hi>. I am cashier to Mr. Walker, a contractor for the South London Railway—Wise was in his employ in October last, as foreman of the carpenters, and Reynolds has been in the employment—Barton was the timekeeper, and Gibbs was a foreman of carpenters—he left last year—there were a great many gatekeepers—at the beginning of the day the men pass in by the gatekeeper—each man has. a separate number, and the gate keeper hands the numbers over to the timekeeper, who goes round at least four times a day, and puts a distinguishing mark to represent whether it is the first, second, third, or fourth walk of the day—the men are paid at the end of the week according to the timekeeper's book—it is the duty of tho foreman of the carpenters to superintend the work, and to know whether they were at work—I received some information from Mr. Lee, in conse
<lb/>quence of which I made a communication to Mr. Walker—this is Barton's time book; it is in Barton's writing—during the week ending 8th October, I find, here that a man named Moore worked fifty-eight hours and a half, and a man named Beckford sixty-two hours, and that they were paid that</p>
<xptr type="pageFacsimile" doc="187601310033"/>
<p>week—about 23rd December I received, a communication. from; Bartqn—I do not know here Barton is now—at the time he disappeared; one week's wages—were due to him.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>. Reynolds was sub-foreman under Gibbs, and was succeeded by, Wise, who became foreman—Reynolds left about June last—the men are now under the foreman's orders—.</p>
<hi rend="italic">Cross-examined by Wise</hi> You were supposed to be, at the pay table when the men were paid on Saturday unless you were engaged, on the works.</p>
<hi rend="italic">Re-examined.</hi> The foreman of the carpenters was paid at the same table as all the other men—he could not perform his. duty without seeing the other men—he saw them at least two or three times a day—twenty or thirty men were under Wise's' control, and. a number of others would be working close by.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-98" type="witnessName">
<interp inst="t18760131-name-98" type="gender" value="male"/>
<interp inst="t18760131-name-98" type="surname" value="PARKER"/>
<interp inst="t18760131-name-98" type="given" value="WALTER"/>WALTER PARKER</persName> </hi>. I am "a clerk in Mr. Parker's employ, it is my' duty to be present at the pay table, and pay the men—it was Barton's duty to tick off the men as they were paid—on 8th October I paid Moore No. 859, 2
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>., which was fifty-eight hours and & half at 8 1/2
<hi rend="italic">d</hi>.; an hour—this (
<hi rend="italic">pro
<lb/>duced</hi>) is the Book upon which I paid—it is in, the writing of a clerk in the office, and is my guide to hand over the money—I also paid No. 882 1
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., which was sixty-two hours at 6
<hi rend="italic">d</hi>., less.6
<hi rend="italic">d</hi>. for the sick fund—Barton's work is not in this book."</p>
<hi rend="italic">Cross-examined.</hi> The time is given by Barton in another book if man is not down for payment—I should pass him—the foreman used very, often to present himself for the money, but not. always.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-99" type="witnessName">
<interp inst="t18760131-name-99" type="gender" value="male"/>
<interp inst="t18760131-name-99" type="surname" value="MOORE"/>
<interp inst="t18760131-name-99" type="given" value="GEORGE"/>GEORGE MOORE</persName> </hi>. I am a carpenter, of 29, St. Vincent. Street—at the latter end of September, or the beginning of October, I was working for Mr. Walker—Barton was working there as a labourer under—Wise, butinot in my gang—Wise spoke to me in October and told me to get out at Stepney station as Gibbs wanted to borrow a carpenter and a labourer for three or four days and it would be a chance of making a
<hi rend="italic">bob</hi> or two, and likewise some overtime;—I went and worked at a temporary bridge, and Beckford also weat half an hour afterwards—we worked there all the week—Wise came to my house on the Friday night and asked me to meet him at the George at 1 o'clock next day and he would pay me the overtime, and I could go to Walker's and get my full week's pay—I went on the Saturday to the George public-house at 1 o'clock with Beckford, and saw Wise there—he paid me for the over-, time and paid Beckford as well—I then went to Walker's office and received. a week's wages, fifty-eight and a half hours at 8 1/2
<hi rend="italic">d</hi>., end Beckford too—I believe I was paid first—I saw, him paid—I got—nothing; more—on the Monday morning I went to Mr. Walker's and remained two hours—I then went back to Stepney, where I saw Gibbs and Reynolds superintending the work on the temporary bridge—I continued, there the whole of the week—during the week I said to Gibbs In Reynold's presence "This is a dirty piece of business," and that I ought to have 2
<hi rend="italic">s</hi>. from each of them—Gibbs said "Don't take any notice, I will pay you"—by "a dirty piece of business "I meant that I did not get any of the money—they did not divide the plunder with me—Gibbs asked me to come and work for him again that week, and I went and he paid me—I did not go to Walker's—I only had four days and a half—about the third or fourth week in November I went and saw Rey
<lb/>nolds at his house—I was sent for—he asked me if I would come and—work for him—I told him "Yes"—he said that I could start for him next morn
<xptr type="pageFacsimile" doc="187601310034"/>
<p>—I told him that Wise said he only had 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—he said "It is a lie, he had 27
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., and Barton a sovereign"—I saw Wise after that and told him what Reynolds told me; he made no answer—when I was working for Reynolds he said "You have made a
<hi rend="italic">damned</hi> disturbance about this, and it has got to Mr. Walker's ears"—I said I could not help it if I had—Wise afterwards came to my house and declared that he knew nothing at all about the affair and I must do the same—I said that I should act fair as far as what I was concerned and nothing further—I saw him again on the Satur
<lb/>day morning previous to his being taken, when he said that I was to swear I knew nothing at all about it—on the Sunday night Gibbs and Wise called at my house—they asked me how I got on, and I said "I have made a clean breast of the affair"—Gibbs said "I suppose you have exonerated yourself"—I said "I don't know much about that"—I did not see Gibbs after that—I mentioned to Wise and Gibbs that I had been to Walker's solicitor—my number at Walker's was 859.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>. I said before the Magistrate "It was was only from Gibbs and Wise that I had orders about the work and money"—I had worked for Reynolds before, and he had paid me honestly.</p>
<hi rend="italic">Cross-examined by Wise.</hi> Gibbs was not in the George on the Saturday when you paid me—it was you who paid me.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-100" type="witnessName">
<interp inst="t18760131-name-100" type="gender" value="male"/>
<interp inst="t18760131-name-100" type="surname" value="BECKPORD"/>
<interp inst="t18760131-name-100" type="given" value="JOHN"/>JOHN BECKPORD</persName> </hi>. I am a labourer—I was working for Mr. Walker in October—Wise was my foreman—he came to me and told me to go down with Moore, the carpenter, to Stepney Green—he said nothing about pay
<lb/>ment—on Saturday I went to the George public-house and saw Wise and Gibbs—nothing passed, but I got a few shillings; Wise, I believte, gave them to me—after that I Avent to Walker's pay-office with Moore and received a week's wages, I do not know, who from—I saw Wise again on the next Monday at Mr. Walker's office, but I never had any particular conversation with him afterwards—I saw Mr. Walker's solicitor and Inspector Palmer, but I did'not see Wise after that—I saw him on the Saturday or Monday before I saw Palmer, and he said that he expected there would be a bother about my going to Stepney and getting the work—I said that I could not help it.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-101" type="witnessName">
<interp inst="t18760131-name-101" type="gender" value="male"/>
<interp inst="t18760131-name-101" type="surname" value="LEE"/>
<interp inst="t18760131-name-101" type="given" value="JOSEPH"/>JOSEPH LEE</persName> </hi>. I live at Bush Road, Deptford, and am employed on rail
<lb/>way work—in consequence of something Beckford said to me I spoke to Mr. Walker—on the 4th January, about 7.45 a.m., I was in Gladson's public-house, Old Gravel Lane—Reynolds—was there and another man—I did not feel very well, and went in for 2
<hi rend="italic">d</hi>.—worth of rum and milk—Rey
<lb/>nolds said "That is the b——old s——that has done all the mischief, and before he goes out I will snout him"—I said "I hope you are not addressing that conversation to me"—he said "Yes, I am," and came up and put his face close to mine—I said "Don't strike me for God's sake, for I am half dead now"—he pulled his coat off, and I was pinned in a corner—he said "I have sent Gibbs off, and will have your b——liver out and throw it into the Thames"—I cannot tell you half of what he said; he said "You have been at Walker's an hour and a half at once, you and Mr. Basto
<lb/>ville; I got it from the office"—I said "I never was there half an hour in, my life;" the landlord was there during part of that—I did not see Gibbs afterwards—I do not know Barton.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>. Francis Vanston is the landlord—I did not hear Reynolds say "Youhave been saying thingsabout me at Walker's that I know nothing of"—the landlord was there, and he was examined before the Magistrate—Reynolds did not tell me in the public-house that</p>
<xptr type="pageFacsimile" doc="187601310035"/>
<p>they were going to get him into a bother, and he should not stop to be dragged into it—I was not very much excited, I was too bad—he was going to-hit me—he did not say "You have got Gibbs away," he said "I have got him away."</p>
<hi rend="smallCaps">
<persName id="t18760131-name-102" type="witnessName">
<interp inst="t18760131-name-102" type="gender" value="male"/>
<interp inst="t18760131-name-102" type="surname" value="VANSTON"/>
<interp inst="t18760131-name-102" type="given" value="FRANCIS"/>FRANCIS VANSTON</persName> </hi>. I keep the White Lion public-house, Old Gravel Lane—I have known Reynolds some time, and have supplied him with re
<lb/>freshment—while he was talking to a friend Lee came in and spoke to him—a loud conversation ensued, and Lee said "I hope you are not insinuating towards me"—he said "You vagabond and scoundrel, you have been to Mr. Walker's office," and he took off his coat and said "Standup and I will fight you"—he said "Don't strike me, I am all to pieces already"—I believe he was suffering from illness, he had a wrapper round his neck—Reynolds said "Frank, I am likely to be drawn into this matter, and I shall go into the country for a few days"—I do not know that I heard anything about Bastoville—I do not know Gibbs or Barton, or where Barton is.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WILLIAMS</hi>. I have kept the public-house ten years—I have no interest in coming here.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-103" type="witnessName">
<interp inst="t18760131-name-103" type="gender" value="male"/>
<interp inst="t18760131-name-103" type="surname" value="ABRAHAMS"/>
<interp inst="t18760131-name-103" type="given" value="BENJAMIN"/>BENJAMIN ABRAHAMS</persName> </hi>. I am the nephew of one of the contractors for building this bridge—I received this card from Reynolds or Gibbs, I do not know which, and entered into arrangements with one of them—I cannot say for certain whether it was in writing—it was with my uncle—it is in our sub
<lb/>contract book, which is not here—my uncle and myself were in the office when the contract was made, and Reynolds and Gibbs were both there—I think Reynolds spoke first, and then he turned round to his partner; they—wanted 5 ¼
<hi rend="italic">d</hi>. per foot, and my uncle offered 4 1/2
<hi rend="italic">d</hi>., and they split the differ
<lb/>ence—the work was erecting a temporary stage at Stepney Bridge.</p>
<hi rend="italic">Cross-examined.</hi> My uncle made the contract; he is at home.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-104" type="witnessName">
<interp inst="t18760131-name-104" type="gender" value="male"/>
<interp inst="t18760131-name-104" type="surname" value="PALMER"/>
<interp inst="t18760131-name-104" type="given" value="WILLIAM"/>WILLIAM PALMER</persName> </hi> (
<hi rend="italic">Policeman</hi>). I took Wise on the 3rd January, and read the warrant to him—he said "I did send Moore and a labourer to Stepney, I was asked to do so by Gibbs; I was not aware that Barton had booked their time to Mr. Walker"—I found Reynolds in custody on the 6th—I read the warrant to him; he said "I know nothing of it"—I had seen Reynolds about 10 o'clock the previous morning, and said "You were very quiet that morning round the corner"—he said "Very likely"—I cannot hnd Barton.</p>
<hi rend="italic">Wise's Defence.</hi> I had no further to do with the affair than sending the two men when Gibbs asked me to lend them.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-105" type="witnessName">
<interp inst="t18760131-name-105" type="gender" value="male"/>
<interp inst="t18760131-name-105" type="surname" value="MOORE"/>
<interp inst="t18760131-name-105" type="given" value="GEORGE"/>GEORGE MOORE</persName> </hi> (
<hi rend="italic">re-examined</hi>). It was to Gibbs and Reynolds that I men
<lb/>tioned it being a dirty piece of business, and Gibbs spoke the reply; he said "Take no notice of that, I will pay you"—that was all—Reynolds said nothing at that time; he was there and heard what Gibbs said—when I went to Reynolds five weeks before Christmas I said that Wise said that he only re
<lb/>ceived 75. 6
<hi rend="italic">d</hi>.—he said "It is all a lie, he received 27
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. and Barton a sovereign."</p>
<hi rend="italic">Reynolds received a good diameter.</hi> </p>
<hi rend="largeCaps">REYNOLDS</hi>
<hi rend="smallCaps">
<rs id="t18760131-163-verdict-1" type="verdictDescription">
<interp inst="t18760131-163-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760131-163-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18760131-163-punishment-17" type="punishmentDescription">
<interp inst="t18760131-163-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18760131-163-punishment-17" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-163-18760131 t18760131-163-punishment-17"/>Twelve Months' imprisonment.</rs> </hi> </p>
<hi rend="largeCaps">WISE</hi>
<hi rend="smallCaps">
<rs id="t18760131-163-verdict-2" type="verdictDescription">
<interp inst="t18760131-163-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18760131-163-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18760131-163-punishment-18" type="punishmentDescription">
<interp inst="t18760131-163-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18760131-163-punishment-18" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-163-18760131 t18760131-163-punishment-18"/>Eight Months' imprisonment.</rs> </hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, February</hi> 2
<hi rend="italic">nd</hi>, 1876.</p>
<hi rend="italic">Before Mr. Justice Brett.</hi> </p>
<div1 type="trialAccount" id="t18760131-164">
<interp inst="t18760131-164" type="uri" value="sessionsPapers/18760131"/>
<interp inst="t18760131-164" type="date" value="18760131"/>
<join result="criminalCharge" id="t18760131-164-charge-1" targOrder="Y" targets="def1-164-18760131 t18760131-164-offence-1 t18760131-164-verdict-1"/>
<persName id="def1-164-18760131" type="defendantName">
<interp inst="def1-164-18760131" type="gender" value="male"/>
<interp inst="def1-164-18760131" type="age" value="39"/>
<interp inst="def1-164-18760131" type="surname" value="TOWILL"/>
<interp inst="def1-164-18760131" type="given" value="HENRY"/>
<interp inst="def1-164-18760131" type="occupation" value="ship's captain"/>
<hi rend="largeCaps">HENRY TOWILL</hi> (39)</persName>, was indicted
<rs id="t18760131-164-offence-1" type="offenceDescription">
<interp inst="t18760131-164-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18760131-164-offence-1" type="offenceSubcategory" value="other"/> for unlawfully failing to render assistance to a damaged vessel with which he had come into collision. (36
<hi rend="italic">and</hi> 37,
<hi rend="italic">Vic. c.</hi> 85,
<hi rend="italic">sec.</hi> 16)</rs> </p>
<xptr type="pageFacsimile" doc="187601310038"/>
<hi rend="smallCaps">THE ATTORNEY-GENERAL</hi>
<hi rend="italic">with</hi>
<hi rend="smallCaps">MESSRS. POLAND</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">BOWEN</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. BUTT</hi>, Q.C.,
<hi rend="italic">with</hi>
<hi rend="smallCaps">MR. MINETT</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760131-name-107" type="witnessName">
<interp inst="t18760131-name-107" type="gender" value="male"/>
<interp inst="t18760131-name-107" type="surname" value="MAXEY"/>
<interp inst="t18760131-name-107" type="given" value="JOSEPH"/>JOSEPH MAXEY</persName> </hi>. I am a clerk in the Registry of Seamen's Office of the Board of Trade—I produce a certified copy of the registry of the iron ship
<hi rend="italic">Oberon</hi>, a British ship belonging to Liverpool, a little over 1,180 tons—I also produce the official log of the
<hi rend="italic">Oberon.</hi> (
<hi rend="italic">Read:</hi> "1873. Nov. 14, 5.30 a.m. Minehead, bearing N about 20 miles. Strong breeze at
<hi rend="largeCaps">ESE</hi> and dirty weather, ship close hauled on the starboard tack, proper and efficient look outs placed and side lights burning bright; sighted a green light on our port bow; we held our wind; about ten minutes after, seeing that the vessel did not give way and that a collision was inevitable, put the helm hard a port and instantly let go the after braces we struck the vessel somewhere about midship, we separated directly, each on opposite tacks—as soon as we could shorten sail and cleared away the wreck we wore round and stood back to look for the other vessel, but could see nothing of her; I do not know what damage she received; we lost jibboom and all head gear; two of the vessel's men got on board of us, they reported that their vessel was not damaged below the decks, only the bulwarks. She was the Italian brigan-tine
<hi rend="italic">Java</hi>, from Buenos Ayres for Liverpool; I consider that she bore up for Queenstown as she did not show any lights and signals of distress, and also that the men reported that their captain intended before the collision to bear up for that port at daylight. (Signed), Henry "Towill, master. G. Jamieson, mate."</p>
<hi rend="smallCaps">
<persName id="t18760131-name-108" type="witnessName">
<interp inst="t18760131-name-108" type="gender" value="male"/>
<interp inst="t18760131-name-108" type="surname" value="PARASCANDOLO"/>
<interp inst="t18760131-name-108" type="given" value="FORTUNATO"/>FORTUNATO PARASCANDOLO</persName> </hi> (
<hi rend="italic">interpreted</hi>). I am an Italian, and am twenty-seven years of age—I have always been at sea since I was nine years old—in September, 1873, I was a seaman on board the
<hi rend="italic">Chiavari</hi>, a three-masted schooner, built of wood; I could not exactly say her tonnage—in September, 1873, we sailed from Buenos Ayres for Liverpool with fourteen hands on board, all told—on 14th November we were off the coast of Ireland, I was not on watch, I was down below—I heard the ship's bell ring about 4.30 or 5 o'clock in the morning—I went on deck as soon as I heard the bell and they called out below—the captain and crew were on deck—I saw another vessel a very short distance off, about 1 1/2 yards—we were on the port taek—she was on the starboard taek—she came into collision with us; I now know that vessel to be the
<hi rend="italic">Oberon;</hi> she struck us amidship; as soon as she struck us the
<hi rend="italic">Chiavari</hi> leaned on one side—the
<hi rend="italic">Oberon</hi> had all her sails set, they were drawing—we were carrying low sails—she struck us on the starboard side—it was dark, I could not exactly state what effect the collision had on our vessel; as soon as it took place I jumped on board the
<hi rend="italic">Oberon</hi>—I did not notice the figure head of the
<hi rend="italic">Oberon</hi>—her jibboom and bowsprit were right across the midships of our vessel—our people cried out "Help! help!" and called the Blessed Virgin to their aid—the collision gave a great shock, our vessel oscillated'a little and gave way to the other side—all our men were on deck at the time of the collision—I got onboard the
<hi rend="italic">Oberon</hi> by getting hold of the chain attached to the bowsprit—another fellow-seaman, Eugenie Giacomucci, also got on board—two or three other sailors were trying to do so, but they got hold of the jibboom, which broke away, and I believe they fell back on the
<hi rend="italic">Chiavari</hi>—when we got on board the
<hi rend="italic">Oberon</hi> she backed out, that was a very short while after the collision, I could not state how long—I then saw our vessel, we could not see the whole of her, we could only just see the bulwarks—the
<hi rend="italic">Oberon</hi> put her sails aback and remained in that position, nothing further; she then went on the port</p>
<xptr type="pageFacsimile" doc="187601310039"/>
<p>tack—I did not hear any cries or anything said from our vessel as the
<hi rend="italic">Oberon</hi> was backing out—I saw our vessel for about ten minutes after I got on board the
<hi rend="italic">Oberon</hi>, I could not exactly say the time—she was on the port side, I could not exactly see what became of her, she must have gone-down; I have never seen or heard of her since—we spoke to some one on board the
<hi rend="italic">Oberon</hi> and told them to lower the boats to render assistance; we were making signs with our hands to the sailors on board to lower the boats—I cannot speak any English—as soon as they put the sails of their vessel right they made us go into the captain's cabin—then sails were put so as to take the port taek—there was a strong wind—I found that the cook could understand some Italian—I found that out when we—were asked to go into the small cabin, when he brought us some coffee; that was about half or three quarters of an hour after the collision—we asked the cook to lower some boats so that we might go and give assistance to our companions—I afterwards saw the captain (
<hi rend="italic">the defendant</hi>)—Giacomucci and the cook were with me—in the captain's presence the cook asked us some questions; I could not say exactly how long that was after the collision, it was about three quarters of an hour after—he asked us first the name of our vessel and then what damage was done to her—I said damage there was a good deal done, but I could not state what damage really was done to the vessel—the
<hi rend="italic">Oberon</hi> continued on the port tack about two or three hours; I could not state exactly, I had no watch—the captain afterwards called us to the poop, I could not state the time; we had then been on the starboard tack a little while—the captain asked us through the—cook if we had any casks on deck and what colour they were—we said they were painted white with black hoops—I did not see any casks in the sea—I had helped to stow the cargo of the
<hi rend="italic">Chiavari</hi> at Buenos Ayres—we had barrels of tallow, bones and some hides on board—the tallow was in the hold, amidships—I saw some tallow on the prow of the
<hi rend="italic">Oberon</hi> close by the martingale when it was clear, in the morning and when we were on the port tack—the only damage I saw done to the
<hi rend="italic">Oberon</hi> was the jibboom, that was broken and the martingale was damaged—I believe she had a figure head—if the other sailors had had courage we could have lowered the boats and rendered assistance to the other sailors—the weather was not very good, it was bad weather; the sea was rather roughish—nothing was done on board the
<hi rend="italic">Oberon</hi> to assist the
<hi rend="italic">Chiavari</hi> after the collision—we afterwards arrived in Liverpool—I stayed there forty-seven days—the
<hi rend="italic">Chiavari</hi> never arrived there and was never heard of afterwards—some time after the Board of Trade inquiry I went back to Italy—I arrived in London last Saturday—I was brought from Mar
<lb/>seilles in an Italian man-of-war.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BUTT</hi>. The collision took place directly after I got on deck—I mean to state on my oath that the
<hi rend="italic">'Oberon's</hi> sails were draw
<lb/>ing when I got on deck; there were none of them aback—I could not say whether the lee-braces had been let go before the collision; if they had been let go the sails would not have been taken aback directly—the
<hi rend="italic">Oberon</hi>, came on the starboard side and then she went on the port tack—she was on the port tack when I came on deck—I could not say to what point of the compass she was heading, because we were on the prow of the vessel—she backed out of us, her sails were aback then, she had all plain sail on—she went stern ways—she went astern a quarter to half a mile; she got good sternway on her—they did not haul up the courses to stop her sternway—when they were backing astern they slackened the sails to stop her way;</p>
<xptr type="pageFacsimile" doc="187601310040"/>
<p>they took the sails away, because it was very bad weather—she was going right before the wind—when there is a desire to lower the boats to save people's lives it does not matter what sea there is on—I mean to swear that they could have pulled a ship's boot against the wind for half a mile that night; if we could have seen the vessel we might have done so—as soon us they stopped her sternway they set-to to clear away the wreck, the gear of the bowsprit, and one thing and another at her bow—she was on the port tack while they were clearing away, she was sailing—they did not put her on the port tack to go after the other ship; theyput her on the port tack so as to get out of the way—our vessel was on the port tack at the time of the collision, sailing by the wind—I do not remember how the wind was; when the
<hi rend="italic">Oberon</hi> went on the port tack I could not say whether it was the same tack that our vessel was on, they took their own course—she was close hauled on the port tack—we had some sails up at the time of the collision, but very small ones; we were under very low sails—we earned square sails on one mast only—the captain of the
<hi rend="italic">Oberon</hi> took off the greater part of his canvas when he went on the port tack, he went away on the port tack under very low canvas—the reason why I think he was running away from our ship is, because he went on the port tack—I thought so the very mo
<lb/>ment that he put on the port tack—we gave a hand with the ropes to get her on the port tack—we ought to have gone on the starboard tack to have gons in search of our vessel—I did not think it was to go in search of our vessel—I was examined at Liverpool about two years ago, I do not write, I did not put a mark to my deposition that I remember, or remember its being read over to me—no doubt we were on deck rendering assistance, but it was not to go round to the other vessel—I did not swear at Liverpool that I lent a hand at the ropes, and that I thought the manoeuvres were made to go round to our vessel—I think it was to go away from her—we were help
<lb/>ing to try to keep the vessel on the port tack—when the collision took place they could not do otherwise than put her on the port tack—the ma
<lb/>noeuvres could not have been intended to help those on our vessel—I did say so—I first formed an opinion that our vessel had sunk when we heard nothing of her, when we got to Liverpool—we could not see whether she had gone down or not, but we could not see anything of her—I did not know whether she was damaged below the water line or not, I could not exactly say what damage was done—I do not know what Giacomucci said, he is here, he can answer for himself—I did not hear him say so to the captain when we were called aft to him—the
<hi rend="italic">Oberon</hi> stood on the port tack until the morning—if we were on the port tack, how could we have been on the look-out for the
<hi rend="italic">Chiavari</hi>, they were not looking for her—it was before midday that they put on the starboard tack, I cannot say the hour, it was when he put the vessel again on the starboard tack that he asked about the casks—that was before midday; after we had sailed a little while on the starboard tack—it is impossible for me to judge how far we had sailed, I do not think we had got back to the place of collision, it is impossible for me to say—it was a strong blow that struck our ship, very heavy, because she leaned on the other side—I said at Liverpool that it was a good blow, I did not say "very heavy," if the'interpreter added words, I don't know—I could not say whether our vessel sailed away for some dis
<lb/>tance on the port tack after the collision, because we could not see her, the last time I saw her was about ten minutes after the collision, I could not see the vessel, it was so dark we could not see her lights, they carried</p>
<xptr type="pageFacsimile" doc="187601310041"/>
<p>screens, if we were more than two points abaft the beam, of course we could not sec them, we could see one of the sails, because it was new and white.</p>
<hi rend="italic">Re-examined.</hi> Our bunks were on deck—I had been asleep before the collision, I was awoke by the ringing of the bell—when I came on deck I did not hear our captain give any order, because he was on the poop and we were on the prow—the starboard light was a green light, we put it close by the poop, the
<hi rend="italic">Oberon</hi> struck us right in the centre, amidships, I cannot say how far forward of the light—the jibboom. of the
<hi rend="italic">Oberon</hi> came just on the prow. side of the mainmast—I did not take any notice of the light after the col
<lb/>lision—we were sailing for some few hours before the collision, at break of day we should have gone into Queenstown to receive orders, we were stand
<lb/>ing off and on till daylight should come—we helped with the ropes as soon as we got on board the
<hi rend="italic">Oberon</hi>, it is impossible for me to tell the time after we got clear of the
<hi rend="italic">Chiavari</hi> that the
<hi rend="italic">Oberon</hi> was put on the port tack.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-109" type="witnessName">
<interp inst="t18760131-name-109" type="gender" value="male"/>
<interp inst="t18760131-name-109" type="surname" value="GIACOMUCCI"/>
<interp inst="t18760131-name-109" type="given" value="EUGENIO"/>EUGENIO GIACOMUCCI</persName> </hi> (
<hi rend="italic">Interpreted</hi>). I am an Italian—I was a sailor on board the
<hi rend="italic">Chiavari</hi>—it was my watch at the time the collision took place—I had been on watch about three quarters of an hour, or an hour—when the collision took place our vessel was on the port tack, she was carrying veiy few sails; I was just on the top of the poop: the captain was also on deck, and all those that were on the watch, about half of the men on board; there were fourteen on board—we saw the green light of the
<hi rend="italic">Oberon</hi>, about seven or eight minutes before the collision—we first saw the green light, and then the red light; I could not say how long after—I could not say how many minutes before the collision, it was that I saw the red light, about three or four minutes—when we saw her sails, she was already close upon us, her sails were all with the wind, they were drawing—we were struck amidship, it was a good blow—our foremast went down—the
<hi rend="italic">Oberon</hi> came in about the middle of our deck; I saw her figure head—other men had come up from below, I was in the poop and as soon as I saw our vessel was open I ran and caught hold of the jibboom, when the
<hi rend="italic">Oberon</hi> was backing—we had tallow, bones, and hides on board—I could not state exactly what damage was done to our vessel, all I can say is we could see the barrels down below in the hold from the holes that were made in the
<hi rend="italic">Chiavari</hi>—when the deck was broken we could see them—I saw the water come in from the same hole, the deck was cut through; I could not say how far—I got on board the
<hi rend="italic">Oberon by</hi> the jibboom; they were then trying to look after the damage that was done to their ship; she backed out and then she put on the port tack—I saw some others of our men try to get on board the
<hi rend="italic">Oberon</hi>, I heard cries of "Aid! help! the Blessed Virgin! Saints!" they were calling out in distress—I don't know how far the
<hi rend="italic">Oberon</hi>, went astern before the was put on the port tack—after I got on board her X saw one of the sails of the
<hi rend="italic">Chivari's</hi> mainmast, I did not see her lights, I did not pay any attention.,—the light of the
<hi rend="italic">Chivari</hi> was not touched by the collision, because it was on the poop—I was standing close to it—the
<hi rend="italic">Chiavari</hi> must have gone down—I did not see her go down; I never saw her after I got on board the
<hi rend="italic">Oberon</hi>; I only saw one of the sails—she remained in her place; I could not say whether she was going on or not, after I got on board the
<hi rend="italic">Oberon</hi>, when I got on board I met the cook and told him we had better lower one of the boats to save the lives of the sailors—I could not exactly state whether the
<hi rend="italic">Chivari</hi> was then in sight, I could not say how long she was in sight after I got on board the
<hi rend="italic">Oberon</hi>, because I was not looking; all we could see was the hull—I could not exactly state bow long it was after I met the</p>
<xptr type="pageFacsimile" doc="187601310042"/>
<p>cook that I saw the captain of the
<hi rend="italic">Oberon</hi>—we were sent for by the captain, they asked us what name our vessel was, and what was the name of the captain—I do not remember exactly whether that was before or after the
<hi rend="italic">Oberon</hi> was put on the port tack—when I got on board she was backing astern, and then of course she was put on the port tack after the cook took us into the caboose; I could not state how far she was backed before she was put on the port tack, about half a mile, I could not exactly say—I don't remember whether I saw the captain before or after she had been put on the port tack—he asked us what colour our vessel was painted, and if there was a great deal of damage, we said that she was damaged, but as it was dark we could not state what damage was done—I told him that the foremast had fallen down—later in the morning I was spoken to about the barrels; I did not see the barrels myself; the ship was then on the star board tack; I could not say how long she had been so, the captain said that he had seen two barrels painted white with black hoops—he did not say how long before he seen them or where, he only said that he had seen them—the barrels on board the
<hi rend="italic">Chivari</hi> were white, they were on deck, water casks—I afterwards saw some tallow on the prow of the
<hi rend="italic">Oberon</hi>; it was under the water, right on the martingale where the sea was coming, lower down than the figurehead—I saw no attempt made to lower the boats or to assist the
<hi rend="italic">Chivari</hi>—in my judgmeut they could have lowered some boats, it was a sea that a small boat could very well have lived in—the sailors who tried to get on board the
<hi rend="italic">Oberon</hi> fell backwards, I believe on board the
<hi rend="italic">Chiavari.</hi> </p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BUTT</hi>. I told the captain that the foremast of our vessel had fallen—I was examined at Liverpool, I believe we said some
<lb/>thing about it then, but I do not remember exactly—our foreyard came down before the mast—it must have come down before—I could not speak English, and the captain could not speak Italiau—what was said was through the cook's interpretation—I believe I spoke about the foremast having come down—I remember perfectly well to have said something about it—I am certain I did—I swear that the foremast did fall—the fore
<lb/>mast is in three pieces, and not all of it fell—it was the fore part of it that came down, the top of the foretopmast—she had not a foretop gallant mast—we had five sails altogether, two on the foremast, and two on the foretop—it was only the foretop mast that came down, not the foremast—I was on deck as watch a long while before the collision, we were on the port tack, close hauled, with our sails to the wind—I could not say what wind it was—the
<hi rend="italic">Oberon</hi> was sailing on the starboard tack—I could not say in what direction our vessel was heading by the compass, I was not at the helm—the green light I saw was on the starboard side, I saw it from the poop—I first saw the green light, and then the red light—I swear I saw the green light on our starboard side—our vessel was close hauled, only going very slowly—the lights of the
<hi rend="italic">Oberon</hi> could be seen—I think she was run
<lb/>ning free when I saw the green light, running before the wind—as soon as the collision took place the
<hi rend="italic">Oberon's</hi> sails were a back—I mean soon after the collision, I could not see at the moment of the collision—I could not swear whether the
<hi rend="italic">Chiavari</hi> went down at the time or not, but of course as there has been nothing beard of her since I came to that conclusion—I never saw her afterwards—I certainly believed that she had gone down from the collision, while I was on board the
<hi rend="italic">Oberon;</hi> before daylight she must have gone down—I did not tell anybody on board the
<hi rend="italic">Oberon</hi> that if she had</p>
<xptr type="pageFacsimile" doc="187601310043"/>
<p>not been damaged below deck, she would not have gone down—I told the captain there was damage done, but I did not assure him of the damage that was done—it was damaged, but I did not see it—I recollect being examined before the Magistrate at Bow Street—I did not believe that the vessel was damaged below decks—I believed she had sunk because she was damaged—if she had not been damaged below deck she could not have gone down—at the Board of Trade inquiry I said that the ship was damaged and nothing else, and I made a sign with my hand—I believed on that night that she had gone down, of course I did not see whether she went down or not—directly I got on board I went and asked the cook to have some boats lowered—I do not remember whether it was after I had been on board half an hour, but I know I told the cook to lower a boat—when I spoke to the cook the sails were still aback—I do not remember whether I said at Liverpool that we had been on board half an hour before we had any conversation with the cook; it is such a long time past—the tallow on the stem of the
<hi rend="italic">Oberon</hi> was discovered after daylight when she was on the starboard tack—there was a high swell at the time of the collision, and a pretty fair wind.</p>
<hi rend="italic">Re-examined.</hi> I spoke to the cook before I went into the caboose with him, I don't know how many minutes before; the first words that I spoke to him were about the boat—I can't say exactly how long it was after the collision before it became daylight; the collision took place about 5 o'clock—it was not exactly daylight when they went on the starboard tack—I could not exactly say how long it was after seeing the
<hi rend="italic">Oberon's</hi> green light, that I saw the red light—I saw the green light from the poop, and it was bearing towards the right—I could not say how far it was off, it was seven or eight minutes before the collision—if she had kept on her course she would have passed astern of us—after the collision I saw the tallow barrels in the hold, through the chasm that was made in the deck.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-110" type="witnessName">
<interp inst="t18760131-name-110" type="gender" value="male"/>
<interp inst="t18760131-name-110" type="surname" value="CLARK"/>
<interp inst="t18760131-name-110" type="given" value="GEORGE"/>GEORGE CLARK</persName> </hi>. I was cook on board the
<hi rend="italic">Oberon;</hi> it was my first voyage in her from Liverpool to Calcutta—I was on deck from 4 a.m. till 8 p.m.—on the morning of the 14th November, when we were off the coast of Ire
<lb/>land, I was on deck; we were on the starboard tack—I can't exactly say how we were heading; we were close by the wind—about 4.45 or thereabouts I saw the green light of a vessel approaching us; it afterwards turned out to be the
<hi rend="italic">Chiavari</hi>—we saw her light between twelve and fifteen minutes—the captain was sent for shortly before the collision; he came on deck as soon as he was called—the second mate called him—I should say he was on deck two or three minutes before the collision occurred—the second mate gave orders to the man at the wheel to keep her close to the wind—when the captain first came on deck he was on the poop; I can't say how long he remained there; his orders were to let go the lee sheets—the"
<hi rend="italic">Oberon</hi> struck the
<hi rend="italic">Chiavari</hi> about midships, I should say; I don't remember on which side—I heard the crash of our jibboom going; that was all I heard; it was carried away, broken—I did not see what happened to the
<hi rend="italic">Chiavari;</hi> I was standing on the main hatch at the time—after the colli
<lb/>sion our yards were backed—our sails were aback at the time of the collision—I should say we went astern about half a mile—all our sails were backed—the wind was carrying us aback rapidly—I did not hear what orders were given to the helmsman; the yards were braced; the first order was to clew up the topgallant sails and courses—by getting our sails down and bracing the yards, that would bring her on the port tack; that was done when we</p>
<xptr type="pageFacsimile" doc="187601310044"/>
<p>had got about half a mile, I should say, by the rate we were going; them we stood on the port tack—we were only under topsails then; the other sails were clewed up; they remained clewed up until we got our wreckage in, our head-gear under the bow—when we had got that in we stood on on the same tack—I don't remember that we put more sail on, it is so long ago, and I did not pay much atteution at the time—I could not say what sail we set; it is not part of my business to set the sails, or to be on deck—I should be in the galley at that time attending to my duty—I did not keep any watch—I could not say how long we remained on the port tack, we remained on it till daylight—we then went about on the starboard tack; that was daylight, some time after the collision—we remained on the starboard tack for some time—I did not see the
<hi rend="italic">Chiavari</hi> when our sails were aback, and we were going astern; I did not look—I was in the galley at the time, after the collision—I was in and out on the deck—I did not pay any particular attention to the collision; I saw the collision—after we had got astern a certain distance I went into the galley—after a time I heard that there were two men aboard of us from the other vessel; we were going aback when I heard that—they spoke to me—I speak some Italian, fluently enough to understand what is said to me—it must have been about twenty minutes after the collision when I first saw them—some of our men said there were two foreigners aboard, and I went and saw them and took them into the galley and gave them some coffee—the captain sent for them, and I went with them; that must have been fully half an hour after the collision—at that time we were standing on the port tack; I am sure of that—I interpreted for them—the captain told me to ask them if they thought their vessel was seriously damaged—I did so; they said they did not think she was seriously damaged below the water, below the deck—I told the men that—the captain asked what she was loaded with—they said with tallow, bones, and hides, and she was bound from Buenos Ayres; that was all that was said at that time—about two hours after, as near as I could judge, the captain sent for me to ask them if they had any water casks on deck—it was daylight then—they said she had two casks on deck—the captain asked what colour—they said they were painted white, with black hoops—the captain said he thought they were painted lead colour-instead of white; he said he saw the casks in the water just about the time that I was there—I did not see them; I understood that he had seen them just before he had sent for me—I think we were on the starboard tack then—I could not say how long we had been so—I don't remember whether the ship had gone about just before I was sent for—we must have gone about again—I don't understand the working of the ship—that was all that was said at that time, we were about sixteen sailors in crew—our cargo was grain—before the collision we had all plain sails set—I should say we had been on the port tack about half an hour or twenty minutes before the men were brought to me; I could not say the exact time—I can't say how long it was after we went on the port tack before we got in our wreckage—after the collision I saw nothing of the
<hi rend="italic">Chiavari.</hi> </p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. BUTT</hi>. I first saw the
<hi rend="italic">Chiavari's</hi> green light; that would be on the port bow, about two points and a half, I should say—I should say she never was on cur starboard bow before the collision—I don't think they could see our green light when they were two points and a half on our port bow—I should say they were screened in the usual way—our red light would be full in view and not our green light, that being on our port bow—I did not feel any shock on board; of course a vessel striking you</p>
<xptr type="pageFacsimile" doc="187601310045"/>
<p>that way with a great shock would throw you off your feet—our sails were backed to clear us of the other ship—we got a stern way on, and the courses were clewed up, and we let go the maintopgallant sails—men were sent aloft to furl them, and I distinctly heard the captain order them to keep a look
<lb/>out for the other vessel—I did not hear him inquire of them whether they had been able to see her—I can't say whether any of the other hands were looking after her; I did not see—the Italian sailors said nothing to me about one of their masts having come down, or their foretop mast; I am sure of that—there was no one else on board that could speak Italian; there was a Frenchman, they were conversing with him; I don't know his name, he was one of the crew—I am sure they never mentioned it when we were with the captain; all their mention was about the foreyard, they said they thought that was gone; I think that was said before the captain, I am not sure—I did not see enough of the vessel to see how she was rigged—we had sixteen sailors on board, besides the officers and apprentices; I don't know the number exactly.</p>
<hi rend="italic">Re-examined.</hi> It was not when we were going aback that the men were sent aloft to furl the sails, it was when we came round on the port tack; the courses were clewed up while we were going aback; there were men forward on the look-out—we had boats on board.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-111" type="witnessName">
<interp inst="t18760131-name-111" type="gender" value="male"/>
<interp inst="t18760131-name-111" type="surname" value="BOWMAN"/>
<interp inst="t18760131-name-111" type="given" value="GEORGE"/>GEORGE BOWMAN</persName> </hi>. I was carpenter on board the
<hi rend="italic">Oberon</hi>—on the morn
<lb/>ing of the collision, about 4.30 or 5 o'clock, I turned out of my bunk—all hands had been called on deck—I saw a vessel coming on our port bow—I saw her green light—I was on the deck when the collision took place—I con
<lb/>sider we struck the other about amidships—I did not feel much of a shock on our vessel—I felt the jibboom going—I went to-get aft out of the road in case the fore topgallant mast came down in consequence of the collision—I afterwards went forward to the forecastle head; that was just imme
<lb/>diately after the collision—I saw the two Italian sailors climbing on board the best way they could—I called out there were two men coming on board, and I called for the assistance of the other crew to stand by me, and the boatswain and one of the crew came to assist them if they required assistance—the captain, I suppose, might be aft or on the main deck, I can't exactly swear where he was—we backed out and went astern—the instant the captain was called on deck he gave orders to let go the lee after braces to deaden the ship's way, to stop the way; and he ordered the topsail and the fore topgallant halliards to be let go; that was when we actually struck—I heard that order distintly given; in fact, he went himself and let go—I did not hear anything about the helm—directly her lee braces were let go her yards were swung and she would deaden a little and come round on the port tack—as soon as we backed out I went and sounded the fore com
<lb/>partment; I found it tight—I then sounded the main pumps and found they were making no water—I dare say I might have reported that to the captain or the mate—I went to assist in getting the yards hauled round to get the vessel round on the port tack, and she was brought round on the port tack—a portion of our flying jibboom was carried away and the jibboom was hanging overboard in the water and all the head gear broken and gone; the martingale had gone—that might be the principal cause of the jibboom going, according to my judgment, by catching the other vessel's bulwarks—after the collision I saw the other vessel, she was standing just across our bow either a half or a quarter of a point to port, that was immediately after the collision—I don't know how long after; I</p>
<xptr type="pageFacsimile" doc="187601310046"/>
<p>don't suppose it was more than a minute or a minute and a half—I felt the crash of the jibboom going, and I went forward in an instant—she seemed to me to be all right, what I saw of her the instant after the collision—I did not see anything gone, no more than her main-top mast staysail, that was all I saw gone—I did not see what became of her, we were making great stern way—I did not see her afterwards—a considerable time afterwards my attention was called to a piece of tallow about 3 inches in diameter, just as if it had been thrown on the stern—I think we went round the starboard tack when my attention was called to that—it was well into daylight—I could not say whether our stem had cut into the ship—I did not think the vessel had been hurt—I did not know till after I en
<lb/>quired of the cook what their vessel was loaded with, and he said with tallow, but I could not say where it came from—we had four boats on the
<hi rend="italic">Oberon</hi>—the two forward boats were life-boats—the two would hold about fifty people and the others about thirty in a case of emergency—they were in good condition.</p>
<hi rend="italic">Cross-examined.</hi> We got a good sternway on and after the collision I think we went astern for about half a mile, or perhaps three-quarters—we went to leeward—if we had lowered one of the life-boats, I don't believe the men could have pulled it half a mile to windward on that night, because they would have the wind and sea against them—there was a very rough sea on at the time, and what you might call a stiff topgallant sail breeze, I saw some men go aloft to furl the topgallant sails, and I heard the order given to keep a look out if they could see the other vessel—I believe the captain gave that order, and when they came down he asked them if anything was seen of the vessel, and they said no, I heard it said distinctly that they saw nothing of the other vessel—when I last saw her she was on the port tack, on the same tack as when we came into collision—she was a little on our port bow, about a quarter of a point when I last saw her, more on the port bow than right ahead from what I could see of her—I considered she was not seriously damaged; of course it was rather dark—I don't know which way the wind was, I don't understand it; I can't say which way she was heading—we were on the starboard tack before the collision; afterwards we went on the port tack that was the same tack as the other vessel when I last saw her—I should think that was the best chance of finding the other vessel, I was as anxiously looking out for her, I should say as any indi
<lb/>vidual on board.</p>
<hi rend="italic">Re-examined.</hi> I was anxiously looking out to see if I could see her, which I dare say a good many individuals on board, besides myself were also doing—not because I thought she might have been seriously damaged, "merely just to see if I could see anything of her—I can't say that I thought she was seriously damaged, I did not think so, and I should be going against toy own judgment to say so—if she had been seriously damaged the captain may have stood away on the port tack as he did—he could not have done more than he did do—if he had thought she was sinking when we struck her it would have been right to go on the port tack—I consider the captain did what was right in coming round on the same tack as the other vessel, I am not supposed to be the judge of that—he came round on the port tack to give every assistance he possibly could to the vessel he was in collision with—this was my second voyage in a sailing vessel, I have not been above three years at sea altogether, I don't profess to be a nautical man; I was carpenter of the ship—I was doing my utmost in looking over</p>
<xptr type="pageFacsimile" doc="187601310047"/>
<p>the side of the vessel shortly after the collision, while we were going round—I saw her at last a little on our port bow, and then I went on my duties—I last saw her just an instant after the collision; I saw no more of her, because I went to sound the fore compartment and the main pumps, then all hands were called to attend to the braces, to get the yards hauled round, and I went to assist—the first thing to be done was to get the vessel brought to the wind again, to bring her round on the port tack—I think that was the first thing that was done.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">MR. BUTT</hi>. After she was got round on the port tack her courses were clewed up, and the topgallant sails, and she was kept under the two lower top
<lb/>sails, close hauled to the wind—her topgallant sails were furled, and the large lower sails were clewed up, so that she would go very slowly on the port tack.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-112" type="witnessName">
<interp inst="t18760131-name-112" type="gender" value="male"/>
<interp inst="t18760131-name-112" type="surname" value="STUBBS"/>
<interp inst="t18760131-name-112" type="given" value="LUCAS PETER"/>LUCAS PETER STUBBS</persName> </hi>. I am assistant clerk to the Borough Magistrates at Liverpool—I was present at the Court of Inquiry held at Liverpool, on the 13tb, 14th, and 15th December, 1873, it was a Board of Trade inquiry before the Magistrate, and two nautical assessors—after the witnesses had been examined the solicitor for the defendant put in a statement which he signed, this is it.</p>
<hi rend="italic">This was put in and read; after some preliminary statement relative to the voyage, it proceeds to narrate the circumstances of the collision, as follows</hi>: "At about 5.30 I was called by the second officer who reported a green light on our port bow. I instantly went on deck and saw a green light from two to three points on lee bow. I directly ordered the man at the wheel to keep the ship close to the wind, reducing the speed from seven knots to about three, and the second officer to go forward to see if he could make out what the ship was doing. At this time we had a fresh breeze from S.E., ship headed E.N.E., wind increasing fast. About ten minutes after, seeing that the light was drawing very near and not showing her red light, and that a collison was inevitable, I ordered the helm hard down and the lee after braces to be let go, which was done immediately, and the main and cross jack yards immediately swung round. About the same time we came into collision with a three masted vessel, when all the sails were a back. I ordered the topgallant halyards to be let go, the ship backed astern directly. I never felt the slightest shock. The only thing I heard was the crash of our jibboom. Our ship having good stern away, I ordered the helm to be reversed, or hard a starboard, and the ship payed off to starboard; We got the yards hauled round and brought the ship to wind on the port tack, hauled up the courses and clewed up topgallant sails. I lost sight of the other vessel about five minutes after we separated. She was then about two points before our port beam. I considered that she must be still on the port tack I did not hear a sound from the other ship during the collision, either before or after, neither were any lights or signals of distress or sign of distress seen or reported. A ship at this time without any light could not be seen above 500 yards off. As soon as the ship was trimmed to the wind I ordered four hands to furl the topgallant sails and the rest to clear away the wreck forward. Carpenter to sound the pumps. Found the ship tight and the jibboom jibs and all head gear towing under the bows endangering the topmast and topgallant mast. Directly after we separated I called to the steward to know what time it was. He reported 6.20. Shortly after he reported to me that there were two of the vessel's men on board and that they were Italians and that the cook could understand them a little.</p>
<xptr type="pageFacsimile" doc="187601310048"/>
<p>I sent for them and the cook directly and questioned them through the cook as to what the vessel was, where she was from and where bound, and partic
<lb/>ularly whether she had received any serious damage. They replied she was the
<hi rend="italic">Java</hi> (as we understood) from Buenos Ayres bound to Liverpool and that they did not think she was damaged below the decks—they also said that they were standing off the land under easy sail waiting for daylight the captain intending to bear up for Queenstown. When the hands were sent up to furl the mizen topgallant sails I ordered them to give a good look round to try if they could see anything of the vessel or any lights. When they came down I asked if they had seen anything and they said no, I myself was looking out on the poop all the time and a look out on the forecastle as well. At daylight about 7.30, blowing a strong breeze; thick and dirty, I judged that a vessel might have been seen three-quarters or a mile off; I then held a consultation with the chief officer and we concluded that she must have gone on the other tack. I then gave orders to wear ship, we having been under three topsails going very close to the wind about half a knot an hour since we parted. All the gear being cleared away and the mast secured got the ship round on the starboard tack and set the foresail. At 9 o'clock sent all hands to breakfast; at 10. blowing a strong topsail breeze and cloudy weather. Seeing nothing of the vessel. I had another consultation with the chief office and we considered that she must have borne up for Queenstown; we continued our search. At about 11 a.m., I saw two casks in the water. I sent for the cook and the two men and asked them whether they had any casks on deck; if so, what colour were they painted. They replied they had two painted white with black hoops. We continued our search; at 1 p.m., saw the land, bearing north; at 3 saw the Hook Light House, bearing N.E., distant about 3 miles, wind E, strong breeze, tacked ship, arrived off Holyhead at 5 p.m. on the 19th and took a steam tug for Liverpool and arrived in the Mersey at 9 a.m. on the 18th November. During the time I have been a master, I never had a col
<lb/>lision or an accident of any description; I never had to make a claim on the underwriters except when my vessel was damaged in the Bay of Bengal and afterwards when damaged in the Arabian Sea being caught on both occasions in a Typhoon. (Signed) Henry Towill, Master."</p>
<hi rend="italic">The defendant received an excellent character from Mr. Bowring his em
<lb/>ployer.</hi> </p>
<hi rend="smallCaps">
<rs id="t18760131-164-verdict-1" type="verdictDescription">
<interp inst="t18760131-164-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18760131-164-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday, February</hi> 2
<hi rend="italic">nd</hi>, 1876.</p>
<hi rend="italic">Before Mr. Justice Field.</hi> </p>
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<interp inst="def1-165-18760131" type="age" value="24"/>
<interp inst="def1-165-18760131" type="surname" value="HUME"/>
<interp inst="def1-165-18760131" type="given" value="FREDERICK"/>
<interp inst="def1-165-18760131" type="occupation" value="in employ of eating house keeper"/>
<hi rend="largeCaps">FREDERICK HUME</hi> (24)</persName>
<rs id="t18760131-165-offence-1" type="offenceDescription">
<interp inst="t18760131-165-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18760131-165-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously cutting and wounding
<persName id="t18760131-name-114" type="victimName">
<interp inst="t18760131-name-114" type="gender" value="male"/>
<interp inst="t18760131-name-114" type="surname" value="CLAMTREE"/>
<interp inst="t18760131-name-114" type="given" value="GEORGE JEFFREY"/>
<interp inst="t18760131-name-114" type="occupation" value="eating-house keeper"/>
<join result="offenceVictim" targOrder="Y" targets="t18760131-165-offence-1 t18760131-name-114"/>George Jeffrey Clamtree</persName> with intent to murder him.</rs> </p>
<hi rend="smallCaps">MR. COOPER</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760131-name-115" type="witnessName">
<interp inst="t18760131-name-115" type="gender" value="male"/>
<interp inst="t18760131-name-115" type="surname" value="CLAMTREE"/>
<interp inst="t18760131-name-115" type="given" value="GEORGE JEFFREY"/>GEORGE JEFFREY CLAMTREE</persName> </hi>. I am an eating-house keeper, of 43, Bethnal Green Road—on Saturday, 20th September, the prisoner, who had been in my employ a month as extra man, was boneing meat at the back of the shop about 1 p.m.—I told him he was doing it very slowly and badly and wast
<lb/>ing the meat, and he threw the things off the table, bones and all manner of things—I
<hi rend="italic">blowed</hi> him up for it, and he swore at me—I went to serve my customers in the shop and afterwards had my tea—I then went behind the counter, and about G.20 the prisoner came to me and said "You b——what have you to say to me?"—I told him to go away about his work or I would send for a policeman and have him taken away—he went away from the</p>
<xptr type="pageFacsimile" doc="187601310049"/>
<p>front of the counter, where he was standing, to a settle and stayed there a few minutes—he then took bis blue smock off, threw it down, and came to the counter with his shirt sleeves tucked up on both arms; he had nothing in his hands—he came behind the counter and pushed up against me—I pushed him back twice—he came a third time, and as I went to push him away again I received a dreadful blow under my left arm—he got away from me then and came back, and then I saw this knife (
<hi rend="italic">produced</hi>) in his right hand in the attitude of striking—I put my left hand up to ward off the blow and it cut the palm of my hand nearly in half—I felt blood fast running down my body from where I had been struck under my arm, and cried out "I have been stabbed!"—the prisoner was held down and I was taken upstairs.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-116" type="witnessName">
<interp inst="t18760131-name-116" type="gender" value="female"/>
<interp inst="t18760131-name-116" type="surname" value="PIKE"/>
<interp inst="t18760131-name-116" type="given" value="EMMA"/>EMMA PIKE</persName> </hi>. I was a waitress in the prosecutor's service—about 4 o'clock in the afternoon I was in a room at the back of the shop—the prisoner was there boneing meat—his master asked him what he had been doing all the afternoon, for what he had done he himself could do in five minutes—the master left and the prisoner'then said that if he offended him once more that day he would stick the b——knife in his b——ribs—he had this knife in his hand at that time—I was in the shop about 6 o'clock when the prisoner used bad language to the prosecutor, who was behind the counter serving customers—the prisoner went behind the counter and drew a knife from his right hand pocket—my master said "Oh, good God, there is a knife, I feel a knife!"—I saw them struggling together, but did not see him stabbed—I ran for a doctor.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-117" type="witnessName">
<interp inst="t18760131-name-117" type="gender" value="male"/>
<interp inst="t18760131-name-117" type="surname" value="PEARCE"/>
<interp inst="t18760131-name-117" type="given" value="HENRY"/>HENRY PEARCE</persName> </hi>. I live at 12 Ravenscroft Street—I was in Clamtree's shop about 6.30 and saw him behind his counter—the prisoner asked him what he had been finding fault with him for—he said that he had better go down and attend to his work—he would not go and Clamtree said that if he did not go he would have him removed—the prisoner came from behind the counter and sat down on the settle where people were waiting—he then pulled off his smock, pulled a knife out of his pocket and a piece of sand
<lb/>stone, about two inches long, which he kept rubbing up and down the knife to sharpen it—he said that before the night was out he would have his b——life—he ran at the master and they struggled behind the counter—the prosecutor told him to go from behind the counter, but he would not, the prosecutor caught hold of him and the prisoner stabbed him—I saw him reel round and fall, and ran for a policeman—this is the knife.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-118" type="witnessName">
<interp inst="t18760131-name-118" type="gender" value="female"/>
<interp inst="t18760131-name-118" type="surname" value="WALKER"/>
<interp inst="t18760131-name-118" type="given" value="EMILY"/>EMILY WALKER</persName> </hi>. I am in the prosecutor's service—on this Monday, about 6.30, I was in the room at the back of the shop and saw the prisoner go up to the prosecutor who said to him "What have you been doing all the afternoon, what you have done I could do in five or ten minutes myself," and then the prisoner came to the counter to master and made use of most vile language, and the prosecutor told him to go downstairs and do his work, if not he would have him removed—there is a kitchen below—he said to his master "What have you to say to me?"—he would not go downstairs, and the master took him by his left hand and just shoved him, and the prisoner fell back into the room where I was clearing tea and fell down—the master helped him up and then he struggled with the master and said "Now you b——I am ready for you," and drew this knife from his right hand pocket and ran it into the master's left side—I saw that—he said "Oh, I am stabbed," and I rushed between them, caught hold of the prisoner and pulled him back—he made another rush at the master and I got between</p>
<xptr type="pageFacsimile" doc="187601310050"/>
<p>them and took the knife from him—he made an attempt to get the knife from me, but the little
<hi rend="italic">hoy</hi> Pearce, and the other witnesses rushed in and pulled him back and threw him on the ground on the other side of the counter, and then the mistress came up and held him till the police came, and I handed the knife to them—this is it.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-119" type="witnessName">
<interp inst="t18760131-name-119" type="gender" value="male"/>
<interp inst="t18760131-name-119" type="surname" value="HOPKINS"/>
<interp inst="t18760131-name-119" type="given" value="ALFRED BOYD"/>ALFRED BOYD HOPKINS</persName> </hi>. I am a surgeon of 180, High Street, Shore
<lb/>ditch—about about 6.30 on this evening I saw the prosecutor at his own house—he was excessively low, fainting, and prostrate, bleeding from a wound on his left side, which commenced about an inch below the armpit, and extended downwards, and a little backwards, it was two inches wide and six or seven inches long—such a knife as this would produce it—if the knife had entered laterally it would have wounded the lungs, and he would have died, and if it had entered one inch lower down death must have en
<lb/>sued—he went on fairly for a fortnight, erysipelas then set in, and his life was in danger—the inside of his left hand was cut across, and his right hand was out just a little—I have attended him ever since, and he is still far from well.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-120" type="witnessName">
<interp inst="t18760131-name-120" type="gender" value="male"/>
<interp inst="t18760131-name-120" type="surname" value="ISTEAD"/>
<interp inst="t18760131-name-120" type="given" value="DAVID"/>DAVID ISTEAD</persName> </hi> (
<hi rend="italic">Policeman HR</hi> 28). I was fetched to this house about 6.30, and saw the prisoner being held by the prosecutor's son, who said that he had stabbed his father—I told the prisoner that I should take him in custody for stabbing Mr. Clamtree—he said on the way to the station "I done it, and I done it with a boneing knife; I hope he will die, and I hope I shall be hung for it"—I went back and asked for the boneing knife, and Emma Walker handed it to me all over blood.</p>
<hi rend="italic">The prisoner made no defence.</hi> </p>
<hi rend="smallCaps">
<rs id="t18760131-165-verdict-1" type="verdictDescription">
<interp inst="t18760131-165-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760131-165-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.—
<hi rend="italic">
<rs id="t18760131-165-punishment-19" type="punishmentDescription">
<interp inst="t18760131-165-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18760131-165-punishment-19" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-165-18760131 t18760131-165-punishment-19"/>Twenty Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18760131-166">
<interp inst="t18760131-166" type="uri" value="sessionsPapers/18760131"/>
<interp inst="t18760131-166" type="date" value="18760131"/>
<join result="criminalCharge" id="t18760131-166-charge-1" targOrder="Y" targets="def1-166-18760131 t18760131-166-offence-1 t18760131-166-verdict-1"/>
<join result="criminalCharge" id="t18760131-166-charge-2" targOrder="Y" targets="def2-166-18760131 t18760131-166-offence-1 t18760131-166-verdict-2"/>
<join result="criminalCharge" id="t18760131-166-charge-3" targOrder="Y" targets="def3-166-18760131 t18760131-166-offence-1 t18760131-166-verdict-2"/>
<persName id="def1-166-18760131" type="defendantName">
<interp inst="def1-166-18760131" type="gender" value="female"/>
<interp inst="def1-166-18760131" type="age" value="20"/>
<interp inst="def1-166-18760131" type="surname" value="EVANS"/>
<interp inst="def1-166-18760131" type="given" value="ELLEN"/>
<hi rend="largeCaps">ELLEN EVANS</hi> (20)</persName>,
<persName id="def2-166-18760131" type="defendantName">
<interp inst="def2-166-18760131" type="gender" value="male"/>
<interp inst="def2-166-18760131" type="age" value="19"/>
<interp inst="def2-166-18760131" type="surname" value="CLARK"/>
<interp inst="def2-166-18760131" type="given" value="DAVID"/>
<hi rend="largeCaps">DAVID CLARK</hi> (19)</persName>,
<hi rend="italic">and</hi>
<persName id="def3-166-18760131" type="defendantName">
<interp inst="def3-166-18760131" type="gender" value="male"/>
<interp inst="def3-166-18760131" type="age" value="21"/>
<interp inst="def3-166-18760131" type="surname" value="SMITH"/>
<interp inst="def3-166-18760131" type="given" value="HARRY"/>
<hi rend="largeCaps">HARRY SMITH</hi> (21)</persName>
<rs id="t18760131-166-offence-1" type="offenceDescription">
<interp inst="t18760131-166-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18760131-166-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously cutting and wounding
<persName id="t18760131-name-124" type="victimName">
<interp inst="t18760131-name-124" type="gender" value="male"/>
<interp inst="t18760131-name-124" type="surname" value="LODGE"/>
<interp inst="t18760131-name-124" type="given" value="JOHN"/>
<interp inst="t18760131-name-124" type="occupation" value="stoker"/>
<join result="offenceVictim" targOrder="Y" targets="t18760131-166-offence-1 t18760131-name-124"/>John Lodge</persName>, with intent to do him some grievous bodily harm.</rs> </p>
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760131-name-125" type="witnessName">
<interp inst="t18760131-name-125" type="gender" value="male"/>
<interp inst="t18760131-name-125" type="surname" value="LODGE"/>
<interp inst="t18760131-name-125" type="given" value="JOHN"/>JOHN LODGE</persName> </hi>. I am a stoker of 18, River Street, York Road—I know the three prisoners by sight only—on 28th December between 10 and 11 o'clock at night, I came out of a public-house in Pentonville Road; I did not see the prisoners till Smith struck me on the left side of my face, I then saw the other two prisoners—I said to Smith "What is that for?" and then Clark struck me on the right side of my face with his fist; Smith then struck me again, and I fell, and he knelt on me, and bit me on my face, and Clark kicked me on my side—I did nor feel anyone stab me, but when I got up I found I was stabbed just below my elbow—there were four stabs on my arm, and five cuts in my coat—I did not see Evans do any
<lb/>thing, she was close by while I was on the ground, but 1 do not know whether she interfered—I had never seen her before—I was taken to the hospital in a cab—the blade of the knife was broken in my arm.</p>
<hi rend="italic">Cross-examined by Evans.</hi> I did not ask you if you would come and have something to drink—I did not ask you in the public-house if you would come and live with me—I did ask you to go to America with me—I did not strike you twice—I did not say 1 would make you come with me.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. I was in the public-house, but not with Evans—it is the Builder's Arms, kept by Mr. Odell—I think Evans was there, and I saw Smith there.</p>
<hi rend="italic">Cross-examined by Clark</hi> I did not want to fight the best man in the</p>
<xptr type="pageFacsimile" doc="187601310051"/>
<p>public-house; fighting was not mentioned—I spoke to Evans, and asked her to go to America—you did not tell me that she belonged to some one else—you did not say "This woman belongs to that man, that is that man's wife," and I said "I have done"—my mate did not say "Give her a punch on the jaw"—I did not go outside to fight Smith, nor did we begin to fight outside—you kicked me.</p>
<hi rend="italic">Cross-examined by Smith.</hi> My friend did not pull his coat off to fight the best man in the house—I did not strike you twice—you did not tell me you did not want to fight—I did not follow you out of the house—I did not strike you, I never lifted my hand to you—the pair of you knocked me down, and fell on me—it was I who was underneath—I was not lifted off of you, you were lifted off me.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. Going to America, is a bye-word I have; I thought she was the same as the others, a prostitute—I meant for her to go with me somewhere.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-126" type="witnessName">
<interp inst="t18760131-name-126" type="gender" value="male"/>
<interp inst="t18760131-name-126" type="surname" value="SLADDEN"/>
<interp inst="t18760131-name-126" type="given" value="JOHN WILLIAM"/>JOHN WILLIAM SLADDEN</persName> </hi>. I live at 9, South Street, Pentonville Road—on the 20th December I met Evans and' another woman in Pentonville Road, outside the Builders' Arms—Evans stood outside the door with some
<lb/>thing in her hand, I could not see what; she uttered an oath that she would do for that
<hi rend="italic">sod</hi> to-night, looking in at the public-house door—I turned and looked, and saw the prosecutor and the other prisoner come out fighting—Clark and the prosecutor were striking, and one or two were fighting with them—both the male prisoners struck the prosecutor, but I did not see him strike anyone—I saw the whole of them fall down, but cannot say who was undermost—while Lodge was down Evans deliberately came up and said "Take that, you
<hi rend="italic">sod,"</hi> and made a motion of stabbing three or four times; she had something in her hand—Lodge got up and dropped his arm, and blood ran down his coat-sleeve—the three prisoners all walked away together—as I passed the door I saw something dark in Evans' hand, but I cannot say whether it was a key or a knife.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-127" type="witnessName">
<interp inst="t18760131-name-127" type="gender" value="male"/>
<interp inst="t18760131-name-127" type="surname" value="ALLENBY"/>
<interp inst="t18760131-name-127" type="given" value="WILLIAM"/>WILLIAM ALLENBY</persName> </hi>. I live at 99, Euston Street, and am a baker—I was opposite the Builders' Arms, and saw Lodge and the male prisoners come out together; they were striking Lodge, and he was defending himself, as well as I could see—he was knocked down on the pavement—Smith was on top of him and Clark was alongside of him and kicked him on his side while he was down—Evans then got down on her knees and put something into him; I could not see whether she had a knife because it was a dark night, but she said "Take that" repeatedly—when he got up the blood rushed down his arm, and he staggered and fell on his back; I thought he was dead—the three prisoners went away together, and I followed them across the under
<lb/>ground railway, got a policeman, explained the case to him, and he went with me; they went through the underground railway station, which is a thoroughfare, and into Gray's Inn Road, when the male prisoners went, I think it was through Dudley-Street, and Evans branched off to the left—the policeman and I brought Smith and Clark back, and Evans came back of her own accord; they said that they had done nothing—I told them they would be obliged to come back with the policeman and me to find out what was done—the police saw the pavement covered with blood, and of course they took them to the station.</p>
<hi rend="italic">Cross-examined by Clark</hi> I saw you strike and kick the man; you all seemed to have had a drop of drink, but you were sober enough to know what you were about.</p>
<xptr type="pageFacsimile" doc="187601310052"/>
<hi rend="smallCaps">
<persName id="t18760131-name-128" type="witnessName">
<interp inst="t18760131-name-128" type="gender" value="male"/>
<interp inst="t18760131-name-128" type="surname" value="PAUL"/>
<interp inst="t18760131-name-128" type="given" value="ALFRED"/>ALFRED PAUL</persName> </hi> (
<hi rend="italic">Policeman G</hi> 337). I took Clark and Smith in Gray's Inn Road; I took them back to the spot and saw the blood—Sladden said "Policeman, this woman stabbed the man"—I believe she could hear that, but she said nothing—I took her in custody, handed her over to another constable, and took Lodge to the hospital—at the station she said it was she who stabbed the man.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-129" type="witnessName">
<interp inst="t18760131-name-129" type="gender" value="male"/>
<interp inst="t18760131-name-129" type="surname" value="KIRWAN"/>
<interp inst="t18760131-name-129" type="given" value="CECIL"/>CECIL KIRWAN</persName> </hi>. I am house surgeon at the Royal Free Hospital—Lodge was brought there suffering from loss of blood; he had three cuts near his elbow-joint, and in one stab inside his arm I found this knife blade (
<hi rend="italic">produced</hi>) broken close to the level of the skin, and the point was in the bone; it took a great deal of force to take it out; he had to be put under chloroform, and I had to cut an artery and tie it—the wound was of a dangerous character, he might have had erysipelas or secondary hæmorrhage; it was more dan
<lb/>gerous than an ordinary wound—he is under my care still—I should say that it is the blade of a pocket-knife.</p>
<hi rend="italic">Evan's Defence.</hi> I was in a passion when I
<hi rend="italic">done</hi> it; he struck me and I returned it.</p>
<hi rend="largeCaps">EVANS</hi>
<hi rend="smallCaps">
<rs id="t18760131-166-verdict-1" type="verdictDescription">
<interp inst="t18760131-166-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760131-166-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18760131-166-punishment-20" type="punishmentDescription">
<interp inst="t18760131-166-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18760131-166-punishment-20" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-166-18760131 t18760131-166-punishment-20"/>Eighteen Month's Imprisonment.</rs> </hi> </p>
<hi rend="largeCaps">CLARK</hi>
<hi rend="italic">and</hi>
<hi rend="largeCaps">SMITH</hi>
<hi rend="smallCaps">
<rs id="t18760131-166-verdict-2" type="verdictDescription">
<interp inst="t18760131-166-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18760131-166-verdict-2" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18760131-167">
<interp inst="t18760131-167" type="uri" value="sessionsPapers/18760131"/>
<interp inst="t18760131-167" type="date" value="18760131"/>
<join result="criminalCharge" id="t18760131-167-charge-1" targOrder="Y" targets="def1-167-18760131 t18760131-167-offence-1 t18760131-167-verdict-1"/>
<join result="criminalCharge" id="t18760131-167-charge-2" targOrder="Y" targets="def2-167-18760131 t18760131-167-offence-1 t18760131-167-verdict-1"/>
<persName id="def1-167-18760131" type="defendantName">
<interp inst="def1-167-18760131" type="gender" value="male"/>
<interp inst="def1-167-18760131" type="age" value="19"/>
<interp inst="def1-167-18760131" type="surname" value="CLARK"/>
<interp inst="def1-167-18760131" type="given" value="DAVID"/>
<hi rend="largeCaps">DAVID CLARK</hi> </persName>
<hi rend="italic">and</hi>
<persName id="def2-167-18760131" type="defendantName">
<interp inst="def2-167-18760131" type="gender" value="male"/>
<interp inst="def2-167-18760131" type="age" value="21"/>
<interp inst="def2-167-18760131" type="surname" value="SMITH"/>
<interp inst="def2-167-18760131" type="given" value="HARRY"/>
<hi rend="largeCaps">HARRY SMITH</hi> </persName> were again indicted for
<rs id="t18760131-167-offence-1" type="offenceDescription">
<interp inst="t18760131-167-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18760131-167-offence-1" type="offenceSubcategory" value="wounding"/> as
<persName id="t18760131-name-132" type="victimName">
<interp inst="t18760131-name-132" type="gender" value="male"/>
<interp inst="t18760131-name-132" type="surname" value="LODGE"/>
<interp inst="t18760131-name-132" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18760131-167-offence-1 t18760131-name-132"/>John Lodge</persName> and thereby occasioning him actual bodily harm.</rs> </p>
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760131-name-133" type="witnessName">
<interp inst="t18760131-name-133" type="gender" value="male"/>
<interp inst="t18760131-name-133" type="surname" value="LODGE"/>
<interp inst="t18760131-name-133" type="given" value="JOHN"/>JOHN LODGE</persName> </hi>. What I said before is true.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-134" type="witnessName">
<interp inst="t18760131-name-134" type="gender" value="male"/>
<interp inst="t18760131-name-134" type="surname" value="SLADDEN"/>
<interp inst="t18760131-name-134" type="given" value="JOHN WILLIAM"/>JOHN WILLIAM SLADDEN</persName> </hi>. What I said in the last case is true.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-135" type="witnessName">
<interp inst="t18760131-name-135" type="gender" value="male"/>
<interp inst="t18760131-name-135" type="surname" value="ALLENBY"/>
<interp inst="t18760131-name-135" type="given" value="WILLIAM"/>WILLIAM ALLENBY</persName> </hi>. What I said before is true.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-136" type="witnessName">
<interp inst="t18760131-name-136" type="gender" value="male"/>
<interp inst="t18760131-name-136" type="surname" value="KIRWAN"/>
<interp inst="t18760131-name-136" type="given" value="CECIL"/>CECIL KIRWAN</persName> </hi>. I saw marks of a bite on Lodge's left cheek but not a very serious one—there was no blood, it was just red—he had one or two slight bruises on his face—I think he complained of being kicked—he was in a state of collapse then from loss of blood, but I examined his side the next day and found some slight bruises on his buttocks which might be caused by a kick or a fall—they were recent—he was apparently sober.</p>
<hi rend="italic">Clark's Defence.</hi> I never struck or kicked him.</p>
<hi rend="smallCaps">
<rs id="t18760131-167-verdict-1" type="verdictDescription">
<interp inst="t18760131-167-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760131-167-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18760131-167-punishment-21" type="punishmentDescription">
<interp inst="t18760131-167-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18760131-167-punishment-21" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-167-18760131 t18760131-167-punishment-21"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-167-18760131 t18760131-167-punishment-21"/>Six Months' Imprisonment each</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18760131-168">
<interp inst="t18760131-168" type="uri" value="sessionsPapers/18760131"/>
<interp inst="t18760131-168" type="date" value="18760131"/>
<join result="criminalCharge" id="t18760131-168-charge-1" targOrder="Y" targets="def1-168-18760131 t18760131-168-offence-1 t18760131-168-verdict-1"/>
<persName id="def1-168-18760131" type="defendantName">
<interp inst="def1-168-18760131" type="gender" value="male"/>
<interp inst="def1-168-18760131" type="age" value="22"/>
<interp inst="def1-168-18760131" type="surname" value="KEIFE"/>
<interp inst="def1-168-18760131" type="given" value="FRANCIS"/>
<hi rend="largeCaps">FRANCIS KEIFE</hi> (22)</persName>
<rs id="t18760131-168-offence-1" type="offenceDescription">
<interp inst="t18760131-168-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18760131-168-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously cutting and wounding
<persName id="t18760131-name-138" type="victimName">
<interp inst="t18760131-name-138" type="gender" value="female"/>
<interp inst="t18760131-name-138" type="surname" value="JONES"/>
<interp inst="t18760131-name-138" type="given" value="REBECCA"/>
<join result="offenceVictim" targOrder="Y" targets="t18760131-168-offence-1 t18760131-name-138"/>Rebecca Jones</persName> with intent to murder her.
<hi rend="italic">Second Count</hi>—with intent to do her some grievous bodily harm.</rs> </p>
<hi rend="smallCaps">MR. LILLEY</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. ST. AUBYN</hi>
<hi rend="italic">the Defence.'</hi> </p>
<hi rend="smallCaps">
<persName id="t18760131-name-139" type="witnessName">
<interp inst="t18760131-name-139" type="gender" value="female"/>
<interp inst="t18760131-name-139" type="surname" value="JONES"/>
<interp inst="t18760131-name-139" type="given" value="REBECCA"/>REBECCA JONES</persName> </hi>. I live with my father at Old Pye Street, Westminster—the prisoner and I had been acquainted for two years he was paying bis addresses
<hi rend="italic">to me</hi>—on 14th December. I was with him in Jeffrey's public-house—we left there between 10 and 11 o'clock p.m. and went to another public-house; and about 11 or 11.30 o'clock we were in Old Pye Street standing close together at the corner—he put his arm round my neck and struck me a violent blow on my side by the force of which I fell on the ground—I do not remember anything after I fell, but I got up, crossed over the road, went into my own house and into Mrs. Burke's room and complained of a pain in my left side—Mrs. Burke said that she saw blood coming from my dress, and I was taken to Westminster Hospital where I was undressed and examined by a surgeon—I am an indoor patient there still—I had had words with the prisoner two or three nights before—I appointed to meet him at my place and disappoiuted him, and he charged</p>
<xptr type="pageFacsimile" doc="187601310053"/>
<p>me with being in company with another
<hi rend="italic">chap</hi>—I said that I had not, and that was all that passed—he was angry, but no more was ever said about it—I had seen him in the interval every day and night, and we were on very good terms—we had no quarrel, and the subject was not mentioned again.</p>
<hi rend="italic">Cross-examined.</hi> He was courting me, but we were not engaged to be married—I did once wish to marry him—I do not do anything for my living, I look after my father's house—I used to meet the prisoner nearly every night by appointment and walk with him—on this night the 14th, he called for me at 7 o'clock, but I was not at home—I was not engaged mending a bedtick on that occasion, or doing anything for my father that I recollect, never had a pair of; scizzors tied to my waist by a string in my life—I met the prisoner at Jeffrey's public-house, about 10 o'clock—he looked in at the door and was called in—I was in the public-house from 8 to 10 o'clock, with Amelia Foster, drinking all the evening—she is not here—I am prepared to say that I did not see the prisoner before 10 o'clock that night—I met him first at the Grey Coat public-house, Mr. Jeffrey's, where I had some ale with him, and everything was very comfortable and pleasant—we left there and went to Douney's public-house, in Peter Street—the other young woman and her mother were with us—we had some drink there, and still everything was pleasant, there was no quarrel—the prisoner was a good deal the worse for drink—when he first came into my company he was intoxicated—we left Douney's about 10.15, to the best of my recollection—he did not kiss me as we came out, nor had he his left arm round my neck, but he had twenty minutes afterwards, when he struck me in the side—we had been standing in the comer in the interval—I do not recollect that we were chatting, we stood twenty minutes without speaking—I had not fallen down before I was struck—I do not recollect anything after I received the wound—I do not recollect picking up his cap and putting it on his head, and telling him that I was not hurt, but the policeman told me that I did—I told the policeman when I recovered, at the hospital, that I did not recollect his coming—I do not recollect the policeman coming up and shaking the prisoner, directly I received the stab—the police
<lb/>man tells me that I said, "Don't lock him up, he has not
<hi rend="italic">hurted</hi> me," but I have no recollection of saying it.</p>
<hi rend="italic">Re-examined.</hi> I was not much the worse for liquor, but I cannot say that I was in my right senses, as I ought to be—I was in liquor, but I knew what was going on and what I was talking about.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-140" type="witnessName">
<interp inst="t18760131-name-140" type="gender" value="male"/>
<interp inst="t18760131-name-140" type="surname" value="EDWARDS"/>
<interp inst="t18760131-name-140" type="given" value="SAMUEL"/>SAMUEL EDWARDS</persName> </hi> (
<hi rend="italic">Policeman B</hi> 184). On the night of 14th December, about 10.45, I was on duty in Old Pye Street, I saw the prosecutrix and the prisoner standing side by side by Westminster Buildings—he had his arm round her nock and gave her a fearful blow on the left side with his' right hand, and she fell to the ground and said "Oh"—I caught him by the collar, and said "You scoundrel how dare you strike a woman like that"—she got up and said "I am not hurt, don't lock him up"—she put his hat on his head and she went in doors—she was directly opposite her father's door—the prisoner went away down Old
<hi rend="italic">Pye</hi> Street, saying "It is my wife"—and about 11.45 I saw him in the custody of Hills, in Orchard Street—he said "Is this the man you saw strike a woman in Old Pye Street"—I said "Yes"—he said that the woman who was stabbed was in the Westminster Hospital, and I desired him to take the prisoner to the station—I went to the hospital and identified the woman—she was then in
<xptr type="pageFacsimile" doc="187601310054"/>
<p>—she was perfectly sober as far as I know when she received the blow—I thought he was kissing her—I charged him at the station with stabbing her, he said "You did not see me strike the blow, she was on the ground before you came."</p>
<hi rend="italic">Cross-examined.</hi> I had seen them before that night—the prisoner said that he was never near the place all that night—I told the Magistrate that—I have not said before to-day that he said "You did not see me strike the blow,"but he did say so when he was charged.</p>
<hi rend="italic">Re-examined.</hi> I did not say so, because my inspector was there, and Mr. Woolrich said that it was all right.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-141" type="witnessName">
<interp inst="t18760131-name-141" type="gender" value="female"/>
<interp inst="t18760131-name-141" type="surname" value="BOURKE"/>
<interp inst="t18760131-name-141" type="given" value="MARY ANN"/>MARY ANN BOURKE</persName> </hi>. I am the wife of Henry Bourke, of 5, Old Pye Street, Westminster, where Rebecca Jones lives with her father—on the night of 14th December, about 11.15 she came into my room crying—I saw blood running from her left side and took her to the hospital where I undressed her and got her to bed—I saw something hanging from her left side—I left it there.</p>
<hi rend="italic">Cross-examined.</hi> I know that they have been courting for a long time. Tunbridge Hills (
<hi rend="italic">Policeman B</hi> 384). About 12 o'clock on the night of the 14th I saw the prisoner in Pear Street, with a female, I told him I should take him in custody for violently assaulting a woman who was in the hospital—he said that he had not been near the spot—I spoke to Edwards who recognised him and then took him to the station and told him it was for assaulting the prosecutrix—he said it was all right.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-142" type="witnessName">
<interp inst="t18760131-name-142" type="gender" value="female"/>
<interp inst="t18760131-name-142" type="surname" value="SMITH"/>
<interp inst="t18760131-name-142" type="given" value="EMILY"/>EMILY SMITH</persName> </hi>. I have been a dressmaker—I lived at 12, Old Pye Street, on 14th December, and on that night I was standing with Rose Carter, at the corner of Old Pye Street, about 11.15, and saw the prisoner put his left arm round the prosecutrix neck—(I had not known either of them before)—he struck her a blow on the left side with his right hand, and she fell to the ground and began moaning—the constable came up and shook him, and said "You scoundrel what do you treat a woman in that way for"—I saw nothing in the prisoner's hand.</p>
<hi rend="italic">Cross-examined.</hi> I heard the woman say when the constable came up "I am not hurt, don't lock him up."</p>
<hi rend="smallCaps">
<persName id="t18760131-name-143" type="witnessName">
<interp inst="t18760131-name-143" type="gender" value="female"/>
<interp inst="t18760131-name-143" type="surname" value="CARTER"/>
<interp inst="t18760131-name-143" type="given" value="ROSE"/>ROSE CARTER</persName> </hi>. I lived at 12, Old Pye Street, on 14th December, and was standing with Emily Smith, at the corner of the street, and saw the prisoner who I did not know before, put his left arm round the female's neck and strike her on the left side with his right hand—she fell to the ground.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-144" type="witnessName">
<interp inst="t18760131-name-144" type="gender" value="male"/>
<interp inst="t18760131-name-144" type="surname" value="ARCHER"/>
<interp inst="t18760131-name-144" type="given" value="ROBERT KENDRAY"/>ROBERT KENDRAY ARCHER</persName> </hi>. On 14th December, I was house physician, at Westminster Hospital—the prosecutrix was brought in between 11 and 12 o'clock suffering from a stab between the tenth and eleventh ribs from which about three inches of
<hi rend="italic">amentum</hi> protruded—the stab had penetrated through the walls of the abdomen which are about an inch thick—she was put under chloroform—the
<hi rend="italic">omentum</hi> was put back and the wound dressed—it was caused by some sharp cutting instrument—she was in extreme danger for three weeks, and her deposition was taken by a Magistrate on the 19th—the wound is not healed yet, and she will be an in patient for some weeks—considerable force must have been used to produce the wound—a severe injury sometimes affects the recollection of events attending and preceding it.</p>
<hi rend="italic">Cross-examined.</hi> I was afraid of
<hi rend="italic">peritonitis</hi> setting in.</p>
<rs id="t18760131-168-verdict-1" type="verdictDescription">
<interp inst="t18760131-168-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760131-168-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">on the Second Count</hi> </rs> **—
<hi rend="italic">
<rs id="t18760131-168-punishment-22" type="punishmentDescription">
<interp inst="t18760131-168-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18760131-168-punishment-22" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-168-18760131 t18760131-168-punishment-22"/>Ten Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18760131-169">
<interp inst="t18760131-169" type="uri" value="sessionsPapers/18760131"/>
<interp inst="t18760131-169" type="date" value="18760131"/>
<join result="criminalCharge" id="t18760131-169-charge-1" targOrder="Y" targets="def1-169-18760131 t18760131-169-offence-1 t18760131-169-verdict-1"/>
<xptr type="pageFacsimile" doc="187601310055"/>
<persName id="def1-169-18760131" type="defendantName">
<interp inst="def1-169-18760131" type="gender" value="male"/>
<interp inst="def1-169-18760131" type="age" value="43"/>
<interp inst="def1-169-18760131" type="surname" value="RYAN"/>
<interp inst="def1-169-18760131" type="given" value="RICHARD"/>
<hi rend="largeCaps">RICHARD RYAN</hi> (43)</persName>
<rs id="t18760131-169-offence-1" type="offenceDescription">
<interp inst="t18760131-169-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18760131-169-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously cutting and wounding
<persName id="t18760131-name-146" type="victimName">
<interp inst="t18760131-name-146" type="gender" value="female"/>
<interp inst="t18760131-name-146" type="surname" value="RYAN"/>
<interp inst="t18760131-name-146" type="given" value="SARAH"/>
<join result="offenceVictim" targOrder="Y" targets="t18760131-169-offence-1 t18760131-name-146"/>Sarah Ryan</persName>, with intent to do her some grievous bodily harm.</rs> </p>
<hi rend="smallCaps">MR. RINGWOOD</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. ST. AUBYN</hi>
<hi rend="italic">the Defence.</hi>
<hi rend="smallCaps">SARAH RYAN</hi>. I am the prisoners wife and live at 37, Cannon Street Road—on 27th December, he came home at 1.20 in the morning—I was at home—he asked me to give him his old coat and waistcoat for he should go out again—I asked him how long he should be—he said he should not be long—he went out, and about 1.30 I went out after him—he returned about 3.20 a.m.—I was then in my landlord's parlour away from him—I let him alone till I thought he had had his supper and gone to bed—I then went up to my bedroom and he was lying with his head on the table—I let him be some little time thinking he would go to bed, but he struck me with his hand—he got a poker and I turned my face in the bed to save it being marked with the poker, and he struck me across the back with it—the poker dropped from his hand on the boards, and he dragged me round the room by my hair and beat me severely with his fists—I went down stairs and he followed me and dragged me back again, and threw me down and kicked me and jumped on me—he tore my dress off and my jacket was covered with blood—he tore a good deal of hair off my head, and it was lying on my jacket—I was so exhausted with being beat that I could not put up with it, and I went to the window to open it to call for the police, but I did not see anybody and he put his arms round my waist and threw me clean out of the window; I fell on the cellar flap and recollect nothing more till I came to my senses at the London Hospital, at 3.40 on Saturday night—my head was very severely cut, and I was injured on my shoulder bone—the window is fifteen feet high from the sill, a chair could stand between the floor and the window.</p>
<hi rend="italic">Cross-examined.</hi> I had not been keeping up Christmas pretty well—I was at my sister's on Christmas night and was not home till 9 o'clock a.m.—the prisoner said that I might go if I liked to enjoy myself with my own people—he was at home when I came home on Sunday morning—he told me he should be home to supper on Sunday night at 9 o'clock p.m. but he did not have his supper till the morning after all this was done—he had his dinner at 1 o'clock on Sunday and he was with me till 7 o'clock, and then went out and was not home till 1.20 p.m. he was then very tipsy—I have never jumped out at a window before, nor did I then—he threw me out.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-147" type="witnessName">
<interp inst="t18760131-name-147" type="gender" value="male"/>
<interp inst="t18760131-name-147" type="surname" value="CARTER"/>
<interp inst="t18760131-name-147" type="given" value="GEORGE"/>GEORGE CARTER</persName> </hi>. I live at 43, Cannon Street Road—on 27th of December—about 3.40 a.m. I heard the prisoner say to his wife "Go upstairs"—she said "Ryan you will kill me!"—I live 30 or 40 yards from them—I did not hear them go upstairs but they must have, for I heard the window open about five minutes afterwards and saw the woman fall to the ground—I think she fell feet first—I was not above 6 feet from the window when she fell standing on the same side of the street as the window—I did not see her with her feet on the sill—I saw the prisoner at the window after she fell, standing with his trousers on and his hands on the window sill—I took her by the hand and called "Police"—she was insensible—the prisoner came down and said "Did I do it" but she could not speak—he did not say how she got out.</p>
<hi rend="italic">Cross-examined.</hi> I heard the window open, and saw her leave the window and fall.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-148" type="witnessName">
<interp inst="t18760131-name-148" type="gender" value="male"/>
<interp inst="t18760131-name-148" type="surname" value="GIBSON"/>
<interp inst="t18760131-name-148" type="given" value="WILLIAM"/>WILLIAM GIBSON</persName> </hi>. I am a labourer of 23, James Street, Haggerstone—on 27th December, I was walkingdown Cannon Street Road, and saw Carter</p>
<xptr type="pageFacsimile" doc="187601310056"/>
<p>standing outside a door, he said to me "Here is a
<hi rend="italic">row"</hi>—I heard the prisoner say "Corne upstairs" and afterwards I heard a noise on the stairs as if it was the woman's head knocking up against the stairs, and then I; heard footsteps going upstairs, and the noise ceased for five minutes, and I heard the window slide up—I was standing by Carter in the road—I then saw the woman standing in front of the window, and the prisoner with his, arms round her waist, and she came out at the window head first, and after she fell I culled the police—I only saw half of her body at the window—he seemed to me as if he was throwing her out—I saw him after she fell with, his hands on the sill looking out—he then came down to the door—while she was down stairs I heard her say "Ryan you will kill me" she did not call out when the window went up—when he came down he said "Did I throw you out Sarah"—I said "Yes, you did."</p>
<hi rend="italic">Cross-examined.</hi> After they went upstairs the noise ceased for five minutes, and I heard no cry or scream of any sort or kind—there was a lamp facing the window—1 could not see right into the room, but I could see where the prisoner was—the window sash was fully opened from the bottom—the prisoner had two arms round her waist.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. As far as I can judge she was leaning against the window when I first saw her; I could see no interval between her body and the window.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-149" type="witnessName">
<interp inst="t18760131-name-149" type="gender" value="male"/>
<interp inst="t18760131-name-149" type="surname" value="PAYNE"/>
<interp inst="t18760131-name-149" type="given" value="HENRY"/>HENRY PAYNE</persName> </hi> (
<hi rend="italic">Policeman II</hi> 184). I was about 100 yards from the house, and heard the window thrown up—I looked up the street, and saw something come down out of the window—I heard a voice shout "Police, he has thrown her out at the window"—I ran to the spot and found the prosccutrix lying on the payement insonsible bleeding very much from her head—Ryan came down to the door with his trousers on, but no boots or stockings—I asked him if he was her husband ho said "Yes"—I told) him I should take him in custody on suspicion of throwing her out of the window—he stooped down to her, and said "Did I do it?"—she was in
<lb/>sensible, and could not answer—I took him to the station, and sent her to the hospital—I aftorwards examined the room, and found it all in an uproar, there was a tin pail doubled up, a poker on the floor, and several parts of a woman's wearing apparel with stains of blood on them, and stains of blood on the floor—I did not see any marks of injuries on the prisoner—he was not drunk—I saw the prosecutrix run down the street from her house between 1 and 2 o'clock—the window is 15 feet from the ground outside.</p>
<hi rend="italic">Cross-examined.</hi> The blood was wot—I saw no dry blood in the room.</p>
<hi rend="italic">The Prisoner's Statement before the Magistrate. "</hi> I am not guilty of throw
<lb/>ing her out of the window."</p>
<hi rend="smallCaps">
<rs id="t18760131-169-verdict-1" type="verdictDescription">
<interp inst="t18760131-169-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760131-169-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">He was further charged with a previous conviction at this Court in August</hi>, 1871,
<hi rend="italic">to which he</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>**—
<hi rend="italic">
<rs id="t18760131-169-punishment-23" type="punishmentDescription">
<interp inst="t18760131-169-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18760131-169-punishment-23" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-169-18760131 t18760131-169-punishment-23"/>Fifteen Years Penal Servitude.</rs> </hi> </p> </div1>
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<interp inst="t18760131-170" type="uri" value="sessionsPapers/18760131"/>
<interp inst="t18760131-170" type="date" value="18760131"/>
<join result="criminalCharge" id="t18760131-170-charge-1" targOrder="Y" targets="def1-170-18760131 t18760131-170-offence-1 t18760131-170-verdict-1"/>
<persName id="def1-170-18760131" type="defendantName">
<interp inst="def1-170-18760131" type="gender" value="female"/>
<interp inst="def1-170-18760131" type="age" value="56"/>
<interp inst="def1-170-18760131" type="surname" value="ANDREWS"/>
<interp inst="def1-170-18760131" type="given" value="ANN ELIZABETH"/>
<hi rend="largeCaps">ANN ELIZABETH ANDREWS</hi> (56)</persName>
<rs id="t18760131-170-offence-1" type="offenceDescription">
<interp inst="t18760131-170-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18760131-170-offence-1" type="offenceSubcategory" value="manslaughter"/>, was charged on the Coroner's Inquisition only) with feloniously killing and slaying
<persName id="t18760131-name-151" type="victimName">
<interp inst="t18760131-name-151" type="gender" value="female"/>
<interp inst="t18760131-name-151" type="surname" value="BROTHERTON"/>
<interp inst="t18760131-name-151" type="given" value="MINNIE KATE"/>
<join result="offenceVictim" targOrder="Y" targets="t18760131-170-offence-1 t18760131-name-151"/>Minnie Kate Brothcrton</persName>.</rs>
<rs id="t18760131-170-verdict-1" type="verdictDescription">
<interp inst="t18760131-170-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18760131-170-verdict-1" type="verdictSubcategory" value="noEvidence"/>
<hi rend="italic">The (Grand Jury having thrown out the Bill</hi>,
<hi rend="smallCaps">MR. COOPER</hi>
<hi rend="italic">for the Prosecution offered no evidence on the inquisition.</hi> </rs> </p>
<hi rend="smallCaps">NOT GUILTY</hi>.</p> </div1>
<div1 type="trialAccount" id="t18760131-171">
<interp inst="t18760131-171" type="uri" value="sessionsPapers/18760131"/>
<interp inst="t18760131-171" type="date" value="18760131"/>
<join result="criminalCharge" id="t18760131-171-charge-1" targOrder="Y" targets="def1-171-18760131 t18760131-171-offence-1 t18760131-171-verdict-1"/>
<persName id="def1-171-18760131" type="defendantName">
<interp inst="def1-171-18760131" type="gender" value="female"/>
<interp inst="def1-171-18760131" type="age" value="26"/>
<interp inst="def1-171-18760131" type="surname" value="M'GAVIN"/>
<interp inst="def1-171-18760131" type="given" value="JANE"/>
<hi rend="largeCaps">JANE M'GAVIN</hi> (26)</persName>
<rs id="t18760131-171-offence-1" type="offenceDescription">
<interp inst="t18760131-171-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18760131-171-offence-1" type="offenceSubcategory" value="manslaughter"/>, Feloniously killing and slaying
<persName id="t18760131-name-153" type="victimName">
<interp inst="t18760131-name-153" type="gender" value="male"/>
<interp inst="t18760131-name-153" type="surname" value="FYANS"/>
<interp inst="t18760131-name-153" type="given" value="HENRY"/>
<interp inst="t18760131-name-153" type="occupation" value="dog-collar maker"/>
<join result="offenceVictim" targOrder="Y" targets="t18760131-171-offence-1 t18760131-name-153"/>Henry Fyans</persName>, </rs>
<hi rend="smallCaps">MR. PLATT</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760131-name-154" type="witnessName">
<interp inst="t18760131-name-154" type="gender" value="female"/>
<interp inst="t18760131-name-154" type="surname" value="FYANS"/>
<interp inst="t18760131-name-154" type="given" value="JANE"/>JANE FYANS</persName> </hi>. I live at 4, Bell Court, Gray's Inn Road, my husband (Henry Fyans) died on Thursday evening, 13th January—1 went out</p>
<xptr type="pageFacsimile" doc="187601310057"/>
<p>about 6.30 leaving him sitting by the fire-side—the prisoner was not there—I was gone about ten minutes, and when I returned he was sitting on the stairs outside the door bleeding very much from his head—the prisoner was there then, and in her presence he said "Jane it is your hammer that she has struck me with"—she said "I never struck him, he struck me first"—he said "I did not"—a policeman was there, and we all went to the station, and the prisoner was charged—my husband came home he was taken to the infirmary, and died on the 20th—we had three hammers in the house—I am sure of that.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. My husband was a dog collar maker—one of the hammers was mine, I used it to put tacks in—there were three hammers in the house when I left, and the one now missing, which was mine, I had used a few minutes before I left—I could only find two afterwards, the one I had used was gone—my husband had told the prisoner that morning to go out, and not to come into his room any more—she went away directly after that.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> My husband had a bayonet sheath in his band that morning but he did not threaten you with it if you did not go out—you did not say that you would come in the afternoon to fetch your things—you only had a muff in your hand when you left.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-155" type="witnessName">
<interp inst="t18760131-name-155" type="gender" value="female"/>
<interp inst="t18760131-name-155" type="surname" value="RAWLINSON"/>
<interp inst="t18760131-name-155" type="given" value="SARAH"/>SARAH RAWLINSON</persName> </hi>. I am the wife of John Rawlinson of 4, Bell Court—we live in the next room to where the deceased lived—on 13th January about 7.30 I heard—wraugling in their room, and heard Mr. Fyans call out "Murder! police!"—shortly afterwards I heard a voice say very faintly "All right, let me go;" everything was quiet after that—about five or six minutes after that I went into the room, and saw the prisoner lying on the bed cross-ways, and the deceased on top of her with his knees on her stomach holding her by the throat—I got him away, and she then got off the bed—I held her by the wrist, and she went across to the window.—she got away from me, and gave him deliberately a clout on the head, and knocked him down by two blows—he fell on the old bricks which imitated the fender—I did not see anything in her hand though I held her by her wrists—ho got up with my help bleeding very much from his head——she came a second time to strike him another blow, and the table was over
<lb/>turned, and the light went out directly—that second blow knocked him down—I sent a child for a constable—the prisoner was bleeding from her face very much when I went into my room—she was speaking about some money on the landing outside my room door, but my husband would not allow me to go out—I cannot tell how the wound on her forehead was caused.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-156" type="witnessName">
<interp inst="t18760131-name-156" type="gender" value="female"/>
<interp inst="t18760131-name-156" type="surname" value="KNIGHT"/>
<interp inst="t18760131-name-156" type="given" value="ELIZABETH"/>ELIZABETH KNIGHT</persName> </hi>. I live at 4, Bell Court, below Mr. and Mrs. Fyans—about 7.30 o'clock on this night the deceased burst my door in—his forehead was bleeding very much—as he stood facing the door, the prisoner, who was facing my door in the passage, throw something at him, but what it was I cannot say for I could not find it; it hit him and he said "Oh, I am a murdered man"—I am sure there was something, and it went towards the fireplace—I looked at the time and could not find it—he said "Don't turn me out, I am a murdered man"—the prisoner heard that, she was standing at my door.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-157" type="witnessName">
<interp inst="t18760131-name-157" type="gender" value="male"/>
<interp inst="t18760131-name-157" type="surname" value="NORTON"/>
<interp inst="t18760131-name-157" type="given" value="JOHN"/>JOHN NORTON</persName> </hi>. I am surgeon at the Holborn Union Infirmary—on Satur
<lb/>day, 15th January, I saw the deceased there suffering from two contused wounds on his forehead, one on the top of his head and one at the back—the wound on the top cut through the scalp down to the bone—he was</p>
<xptr type="pageFacsimile" doc="187601310058"/>
<p>paralysed on the opposite side—the wound was rather on the right side and he was paralysed on the left—that is the ordinary course—the other wounds were comparatively trifling—he became worse, and died on the 20th—I afterwards made
<hi rend="italic">a, post-mortem</hi> examination and found on the top of the head a piece of bone about the size of a sixpence driven into the brain—it was quite detached—the scalp was divided and the bone was fractured and driven into the brain—there was extravasation of blood, caused by the fracture, on the surface of the brain which was the cause of death—the wound must have been inflicted by a blunt instrument—a hammer would be a very likely instrument to do it—it was a round wound—it is impossible from its position and depth that it could be caused by' a fall, but the wound at the back of the head might be—the fracture was in three pieces—the inner part is more brittle than the outer part, and it was sticking into the brain—the
<hi rend="italic">durer mater</hi> was ruptured—there was
<hi rend="italic">pus</hi> round the wound and at the front part of the brain as well, that was the result of inflammation—it must have been caused by a heavy blunt in
<lb/>strument like a hammer.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-158" type="witnessName">
<interp inst="t18760131-name-158" type="gender" value="male"/>
<interp inst="t18760131-name-158" type="surname" value="KNIGHT"/>
<interp inst="t18760131-name-158" type="given" value="ROBERT"/>ROBERT KNIGHT</persName> </hi> (
<hi rend="italic">Policeman G</hi> 90). I was called to Bell Court and the prisoner said "I wish to lock a man up for assaulting me who is upstairs"—I went up and found the deceased on the landing, bleeding very much from his head—he said "I charge this woman with assaulting me in my own room"—I took her to the station, and on the road I asked her what she done it with—she said "He got a burnisher and struck me across the head"—she had a slight cut over her left eye which had been done recently by the look of it, a mark on her throat which looked fresh, and a black eye which looked as if it had been done some time.</p>
<hi rend="italic">Cross-examined.</hi> I did not see anything in your hand when you spoke to me—you went upstairs with me—I did not hear him say that you struck him with a hammer.</p>
<hi rend="italic">The Prisoner's Statement before the Magistrate. "</hi> I went up for my muff and to tell him about his daughter, when I went up I told him about her and he said he would be revenged on her. I told him I had nothing to do with her and he got up and took up a bayonet sheath and said he would have it off me; he took me by the throat and knocked me down on to an iron bedstead and put his knee on my stomach, he punched me down in the face, he hit me first on the forehead with this bayonet thing and the blood poured down into my eye, he then struck me several blows on the forehead and eye, my eye was very much swelled when I came to the station but not black, he then knocked my head against the iron bedstead, I said "For God's sake let me get up," he said, "Not till I choke you," and he stuck his fingers into my throat. I got away from him with the help of the woman next room and then 7 ran at him and struck him twice with my fist, I knocked his head against the bricks and against the iron bedstead. He took up the crutch to strike me and I ran out of the room; I stood on the landing and said I should give him in charge. A policeman was in the court and I spoke to him, I went up again to the landing and the policeman took me."</p>
<hi rend="italic">The Prisoner in her Defence repeated the same statement.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760131-name-159" type="witnessName">
<interp inst="t18760131-name-159" type="gender" value="male"/>
<interp inst="t18760131-name-159" type="surname" value="KNIGHT"/>
<interp inst="t18760131-name-159" type="given" value="ROBERT"/>ROBERT KNIGHT</persName> </hi> (
<hi rend="italic">re-examined</hi>). I was sent for by someboby but I do not know who—the prisoner was the first person I spoke to—she was with me all the time I was at the house, and 1 took her from the house to the station—she was not searched at the station, the charge being an assault—she was taken to a cell—nothing was found on her—no hammer or any instrument has been found or traced.</p>
<hi rend="smallCaps">
<rs id="t18760131-171-verdict-1" type="verdictDescription">
<interp inst="t18760131-171-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18760131-171-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<xptr type="pageFacsimile" doc="187601310059"/>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Wednesday, February</hi> 2
<hi rend="italic">nd</hi>, 1876.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18760131-172">
<interp inst="t18760131-172" type="uri" value="sessionsPapers/18760131"/>
<interp inst="t18760131-172" type="date" value="18760131"/>
<join result="criminalCharge" id="t18760131-172-charge-1" targOrder="Y" targets="def1-172-18760131 t18760131-172-offence-1 t18760131-172-verdict-1"/>
<persName id="def1-172-18760131" type="defendantName">
<interp inst="def1-172-18760131" type="gender" value="male"/>
<interp inst="def1-172-18760131" type="age" value="32"/>
<interp inst="def1-172-18760131" type="surname" value="PENTLAND"/>
<interp inst="def1-172-18760131" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY PENTLAND</hi> (32)</persName>
<rs id="t18760131-172-offence-1" type="offenceDescription">
<interp inst="t18760131-172-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18760131-172-offence-1" type="offenceSubcategory" value="bigamy"/>, Feloniously marrying
<persName id="t18760131-name-161" type="victimName">
<interp inst="t18760131-name-161" type="gender" value="female"/>
<interp inst="t18760131-name-161" type="surname" value="CRAFT"/>
<interp inst="t18760131-name-161" type="given" value="SARAH"/>
<join result="offenceVictim" targOrder="Y" targets="t18760131-172-offence-1 t18760131-name-161"/>Sarah Craft</persName>, his former wife being alive.</rs> </p>
<hi rend="smallCaps">MR. MEAD</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="t18760131-name-162" type="witnessName">
<interp inst="t18760131-name-162" type="gender" value="male"/>
<interp inst="t18760131-name-162" type="surname" value="KEATING"/>
<interp inst="t18760131-name-162" type="given" value="JOSEPH"/>JOSEPH KEATING</persName> </hi>. I came from Ireland this morning—I am brother to the first wife of the prisoner—they lived together for about six years, and then went to Australia, I believe—he left her in Australia and went to California—she returned to her father's house, and lived with him for two or three years until he died—she then, having no place to go to and no one to support her, resided with me at my house for a year and a half—there were three children born, and she was left with two in. A-istralia—the prisoner returned from California to London about two years ago and visited his wife at my house—his excuse was that he was looking for an appointment fa London—there was frequent correspondence between them—I pressed upon her to go to London to see what he was doing; she did so, and they met—they lived together again for probably a month on and off—he then deserted her, and she was obliged to return to Ireland—her property was settled upon her, it was very small—she returned to Dublin, not to my house, in February or March, 1875, survived about six or seven months, and then died in September—the children are alive—I heard of the second marriage last April for the first time—I am informed that the proceedings were instituted by Dean Dickenson, who, hearing her case, made an applica
<lb/>tion to the solicitor in Ireland.</p>
<hi rend="italic">Cross-examined.</hi> It was not through me the Attorney-General in Ireland began to act, I know nothing about it—the children are with his father.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. I knew him before the marriage to my sister and after
<lb/>wards—he was in a respectable position.</p>
<hi rend="smallCaps">
<persName id="t18760131-name-163" type="witnessName">
<interp inst="t18760131-name-163" type="gender" value="female"/>
<interp inst="t18760131-name-163" type="surname" value="CRAFT"/>
<interp inst="t18760131-name-163" type="given" value="SARAH"/>SARAH CRAFT</persName> </hi>. I was married to the prisoner on the 22nd April, 1874—I had known him some time, but I do not know exactly how long; it was longer than two months, it might have been three—my child was bom on the 28th March, 1874, before the marriage—I had a child by the prisoner on the 2nd April, 1875—I did not give him into custody—I have been living in London—he represented to me that he was secretary to some com
<lb/>pany in Crutchedfriars, and a single man.</p>
<hi rend="italic">Cross-examined.</hi> I asked him if he was single; what made me do so was because I have read of cases of men having married before—I did not ask the other gentleman, the father of the other child, whether he was a single man or not—I was living with the prisoner until he was taken into custody—he left me last March—I am in the service now of the Rev. Canon Lloyd—I had seen nothing of him after March until last Saturday week—I had not quarrelled with him.</p>
<hi rend="smallCaps">
<rs id="t18760131-172-verdict-1" type="verdictDescription">
<interp inst="t18760131-172-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760131-172-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18760131-172-punishment-24" type="punishmentDescription">
<interp inst="t18760131-172-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t18760131-172-punishment-24" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-172-18760131 t18760131-172-punishment-24"/>Four Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18760131-173">
<interp inst="t18760131-173" type="uri" value="sessionsPapers/18760131"/>
<interp inst="t18760131-173" type="date" value="18760131"/>
<join result="criminalCharge" id="t18760131-173-charge-1" targOrder="Y" targets="def1-173-18760131 t18760131-173-offence-1 t18760131-173-verdict-1"/>
<persName id="def1-173-18760131" type="defendantName">
<interp inst="def1-173-18760131" type="gender" value="male"/>
<interp inst="def1-173-18760131" type="age" value="22"/>
<interp inst="def1-173-18760131" type="surname" value="ASTLEY"/>
<interp inst="def1-173-18760131" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES ASTLEY</hi> (22)</persName>
<rs id="t18760131-173-offence-1" type="offenceDescription">
<interp inst="t18760131-173-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18760131-173-offence-1" type="offenceSubcategory" value="assault"/>, Unlawfully assaulting
<persName id="t18760131-name-165" type="victimName">
<interp inst="t18760131-name-165" type="gender" value="male"/>
<interp inst="t18760131-name-165" type="surname" value="FREAME"/>
<interp inst="t18760131-name-165" type="given" value="EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18760131-173-offence-1 t18760131-name-165"/>Edward Freame</persName> </rs>
<hi rend="smallCaps">MR. MONTAGU WILLIAMS</hi>
<hi rend="italic">offered no evidence.</hi> </p>
<hi rend="smallCaps">
<rs id="t18760131-173-verdict-1" type="verdictDescription">
<interp inst="t18760131-173-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18760131-173-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">FOURTH COURT</hi>
<hi rend="italic">Wednesday, February