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<p>CENTRAL CRIMINAL COURT</p>
<p>Sessions Paper.</p>
<p>COTTON, MAYOR.</p>
<p>FIFTH SESSION, HELD FEBRUARY 28TH, 1876.</p>
<p>MINUTES OF EVIDENCE</p>
<p>TAKEN IN SHORT-HAND, BY</p>
<p>JAMES DROVER BARNETT</p>
<p>AND</p>
<p>ALEXANDER BUCKLER,</p>
<p>Short-hand Writers to the Court,</p>
<p>ROLLS CHAMBERS, No. 89, CHANCERY LANE.</p>
<p>THE POINTS OF LAW AND PRACTICE</p>
<p>REVISED AND EDITED, BY</p>
<p>EDWARD T. E. BESLEY, ESQ.,</p>
<p>OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.</p>
<p>LONDON:</p>
<p>STEVENS & SONS, 119, CHANCERY LANE.</p>
<xptr type="pageFacsimile" doc="187602280002"/>
<p>THE</p>
<p>WHOLE PROCEEDINGS</p>
<p>On the Queen's Commission of</p>
<p>OYER AND TERMINER AND GAOL DELIVERY</p>
<p>FOR</p>
<p>The City of London,</p>
<p>AND GAOL DELIVERY FOR THE</p>
<p>COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION</p>
<p>OF THE</p>
<p>CENTRAL CRIMINAL COURT,</p>
<p>Held on Monday, February 28th, 1876, and following days,</p>
<p>
<hi rend="smallCaps">BEFORE THE RIGHT HON</hi>.
<hi rend="largeCaps">
<persName id="t18760228-name-1" type="judiciaryName">
<interp inst="t18760228-name-1" type="gender" value="male"/>
<interp inst="t18760228-name-1" type="surname" value="COTTON"/>
<interp inst="t18760228-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">
<persName id="t18760228-name-2" type="judiciaryName">
<interp inst="t18760228-name-2" type="gender" value="male"/>
<interp inst="t18760228-name-2" type="surname" value="CLEASBY"/>
<interp inst="t18760228-name-2" type="given" value="ANTHONY"/>ANTHONY CLEASBY</persName> </hi>, Knt., one of the Barons of Her Majesty's Court of Exchequer; The Hon. Sir
<hi rend="smallCaps">
<persName id="t18760228-name-3" type="judiciaryName">
<interp inst="t18760228-name-3" type="gender" value="male"/>
<interp inst="t18760228-name-3" type="surname" value="GROVE"/>
<interp inst="t18760228-name-3" type="given" value="WILLIAM ROBERT"/>WILLIAM ROBERT GROVE</persName> </hi>, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Sib Thomas Gabriel, Bart.,
<hi rend="smallCaps">WILLIAM FERNELEY ALLEN</hi>, Esq.,
<hi rend="smallCaps">
<persName id="t18760228-name-4" type="judiciaryName">
<interp inst="t18760228-name-4" type="gender" value="male"/>
<interp inst="t18760228-name-4" type="surname" value="DAKIN"/>
<interp inst="t18760228-name-4" type="given" value="THOMAS"/>SIR THOMAS DAKIN</persName> </hi>, Knt.,
<hi rend="smallCaps">JOHN WHITTAKER ELLIS</hi>, Esq., and George
<hi rend="smallCaps">
<persName id="t18760228-name-5" type="judiciaryName">
<interp inst="t18760228-name-5" type="gender" value="male"/>
<interp inst="t18760228-name-5" type="surname" value="NOTTAGE"/>
<interp inst="t18760228-name-5" type="given" value="SWAN"/>SWAN NOTTAGE</persName> </hi>, Esq., Aldermen of the said City; Sir
<hi rend="smallCaps">
<persName id="t18760228-name-6" type="judiciaryName">
<interp inst="t18760228-name-6" type="gender" value="male"/>
<interp inst="t18760228-name-6" type="surname" value="CHAMBERS"/>
<interp inst="t18760228-name-6" 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="t18760228-name-7" type="judiciaryName">
<interp inst="t18760228-name-7" type="gender" value="male"/>
<interp inst="t18760228-name-7" type="surname" value="KERR"/>
<interp inst="t18760228-name-7" type="given" value="ROBERT MALCOLM"/>ROBERT MALCOLM KERR</persName> </hi>, Esq., Judge of the Sheriff's Court; Her Majesty's Justices of
<hi rend="italic">Oyer</hi> and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-8" type="judiciaryName">
<interp inst="t18760228-name-8" type="gender" value="male"/>
<interp inst="t18760228-name-8" type="surname" value="KNIGHT"/>
<interp inst="t18760228-name-8" type="given" value="HENRY EDMUND"/>HENRY EDMUND KNIGHT</persName> </hi>, Esq., Alderman.</p>
<p>
<hi rend="italic">Sheriffs.</hi> </p>
<p>
<hi rend="smallCaps">EDGAR BREFFIT</hi>, Esq.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-9" type="judiciaryName">
<interp inst="t18760228-name-9" type="gender" value="male"/>
<interp inst="t18760228-name-9" type="surname" value="BAYLIS"/>
<interp inst="t18760228-name-9" type="given" value="EDGAR ALEXANDER"/>EDGAR ALEXANDER BAYLIS</persName> </hi>, Esq.</p>
<p>
<hi rend="smallCaps">HENRY HOMEWOOD CRAWFORD</hi>, Esq.</p>
<p>
<hi rend="italic">Under-Sheriffs</hi> </p>
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<p>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<p>
<hi rend="largeCaps">COTTON, MAYOR. FIFTH SESSION</hi>.</p>
<p>
<hi rend="italic">A star</hi> (*)
<hi rend="italic">denotes that prisoners have been previously in custody—two stars</hi> (**)
<hi rend="italic">that they have been more than once in custody—an obelisk</hi> (†)
<hi rend="italic">that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.</hi> </p>
<p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>
<hi rend="italic">Monday, February</hi> 28
<hi rend="italic">th, and Tuesday</hi> 29
<hi rend="italic">th</hi>, 1876.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
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<p>197.
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<interp inst="def1-197-18760228" type="age" value="29"/>
<interp inst="def1-197-18760228" type="surname" value="PHILLIPS"/>
<interp inst="def1-197-18760228" type="given" value="SAMUEL CHARLES"/>
<hi rend="largeCaps">SAMUEL CHARLES PHILLIPS</hi>' (29)</persName>
<hi rend="italic">and</hi>
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<interp inst="def2-197-18760228" type="age" value="20"/>
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<hi rend="largeCaps">ISAAC COHEN</hi> (20)</persName>, were indicted for
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<interp inst="t18760228-197-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18760228-197-offence-1" type="offenceSubcategory" value="fraud"/> unlawfully conspiring to obtain from
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<interp inst="t18760228-name-12" type="surname" value="VEHOVAR"/>
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<join result="offenceVictim" targOrder="Y" targets="t18760228-197-offence-1 t18760228-name-12"/>Matthew Vehovar</persName>, a quantity of china, of the value of 5,000
<hi rend="italic">l</hi>.
<hi rend="italic">Other Counts</hi>—varying the form of charge.</rs> </p>
<p>
<hi rend="smallCaps">MR. POPE</hi>, Q.C.,
<hi rend="italic">with</hi>
<hi rend="smallCaps">MR. BESLEY</hi>
<hi rend="italic">conducted the Prosecution;</hi>
<hi rend="smallCaps">MR. SERJEANT</hi> </p>
<p>
<hi rend="smallCaps">BALLANTINE</hi>
<hi rend="italic">appeared for Phillips, and</hi>
<hi rend="smallCaps">MR. MONTAGU WILLIAMS</hi>
<hi rend="italic">with</hi> </p>
<p>
<hi rend="smallCaps">MR. STRAIGHT</hi>
<hi rend="italic">for Cohen.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-13" type="witnessName">
<interp inst="t18760228-name-13" type="gender" value="male"/>
<interp inst="t18760228-name-13" type="surname" value="VEHOVAR"/>
<interp inst="t18760228-name-13" type="given" value="MATTHEW"/>MATTHEW VEHOVAR</persName> </hi>. (
<hi rend="italic">The, evidence of this witness was given partly in English, and partly in French, interpreted</hi>). I am an Austrian, I have been residing at the Belle Vue Hotel, Norfolk Street, Strand—I was a professor of literature at Vienna—I came to England, about 17th March, 1874——I brought with me 105 pieces of Sevres china, a complete dessert service, the property of Prince Repnine, a Russian nobleman—I was employed to sell the service, the price was fixed at Vienna, at 12,000
<hi rend="italic">l</hi>., and coming here at 15,000
<hi rend="italic">l</hi>. in English money—I was promised a commission by the prince, his word was sufficient for me; I had authority in writing to sell—the agreement with the prince was in conversation, and in a letter; it was spoken about generally, he promised me a remuneration—in August, last year, I was still in possession of the Sevres service, and with the exception of some few pieces I had the service at the hotel in Norfolk Street, where I was residing—the defendant came to me there—I had never seen him before; he came alone, without any introduction—he sent in his card by a waiter, and on going into the drawing-room I found him there—he com
<lb/>menced speaking in English—I asked him if he spoke French—he said he was educated in France, and we then conversed in French, with several words in English—he asked me whether he could see that beautiful service of which he had heard so much—I said "With the greatest pleasure, wait a moment," because I was going to fetch the key, as I had the service in a small room, downstairs on the ground floor; I then showed him fourteen pieces which had been taken out as a sample, he examined them with great atten
<lb/>tion and with the appearance of a great connoisseur—he asked me the price of the whole collection—I said the lowest price would be 8,500
<hi rend="italic">l</hi>."—he asked</p>
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<p>me whether the collection could be divided—I said that could be done, into two groups, viz., one group for twelve persons, and the other for ten persons, the first consisting of fifty-five pieces, and the second of forty-nine pieces, and in this way one of the plates would remain over—the price I fixed for the first group was 5,000
<hi rend="italic">l</hi>., and for the second 4,500
<hi rend="italic">l</hi>.—he was looking at the pictures which were in my room, and he particularly looked at one of Nicolas Poussin, and he told me that he also had a Poussin in his pos
<lb/>session, together with other old pictures, and he begged me to call upon him in the afternoon at 4 o'clock—he said that one of his friends, a lord, had already offered him 2,000
<hi rend="italic">l</hi>. for that picture, but that he had asked 3,000
<hi rend="italic">l</hi>. for it, and therefore he could not give it to him for 2,000
<hi rend="italic">l</hi>.—I believed him to be really the son of a lord, in consequence of his way of talking, at all events that he was a distinguished person—I went to the Albany next day, but I made a mistake and went to the wrong door; I left my card—after that I had quite forgotten him, but about three weeks after he came to the hotel again and left a card; I was not at home, and he wrote for me to come to him to-morrow—I wrote to him saying I would come at 10 o'clock the following day—I then went to the rooms, I 3, on that occasion the servant I think opened the door—I do not remember if Phillips or the servant did, but the servant opened it most often when I went there, by the servant I mean, Cohen—I saw Phillips there that morn
<lb/>ing; I don't remember the date exactly, it was between the 15th and the 20th, it was about the 15th; he received me in a large room furnished with simple elegance—there were several large pictures in it hanging on the walls—our conversation was principally in French, but also several phrases in English; after a little conversation he took me into another room, and showed me the Poussin which was hanging over his bed—he then said "I wish first of all to buy the smaller group containing forty-nine pieces for 4,500?. in this manner; I shall give you first of all the Poussin picture, and I will bring to you the lord on the day following, who no doubt will buy it for 2,000?., and on that occasion you can sell your own Poussin as well, because the lord is an amateur, and a very passionate or very great admirer of pictures by Poussin, and as to the remaining 2,500?. I shall in the mean while cede or transfer, or give to you as guarantee five other ancient pictures," without selling them, only as guarantee—he said, "When I have the smaller group in my possession I shall obtain a loan from my father of 5,000?. to 6,000?.; my father is a man of fortune and lives at the present moment at Ryde, with his family because he has the intention to go on a long tour in the Mediterranean, and has a yacht, because he is a member, of the yacht club, and the owner of one yacht," and when once he had obtained this loan he would pay me 4,000?. in cash which would make with the price for the Poussin 6,000
<hi rend="italic">l</hi>. for me, and as to the rest 2,500?. he should beg me to give him credit till the end of January or the commencement of February, leaving to me as a guarantee, the five other pictures—he said "To have still a larger security or guarantee you will do me the pleasure of residing at my apartments during my absence, instead of living at the hotel, and then you can make use of my servant and housekeeper"—I told him I should consider all this—he mentioned the names of the artists who had painted the pictures that were to be left as a guarantee, and the names were on the frames—he said those pictures had cost him 10,000
<hi rend="italic">l</hi>., and that he would never sell them, except the Poussin—on 22nd September, I went again to the Albany and saw Phillips, but we</p>
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<p>were together twice or three times previously, he called on me and I had been to the Albany—on the several occasions of my going there I saw Cohen, whether he was there on all occasions I can't say, but I have seen him often there—on 22nd I went to see Phillips at 10 o'clock in the morn
<lb/>ing—he then told me that his mother and sisters were coming
<hi rend="italic">to town</hi> from Ryde, to make purchases for the long tour, and he had also heard from the lord who was to come either that evening or the next morning, and there-fore this would be the best opportunity to give him the smaller group to show to his mother and sisters; I said why should they not come to my place, to which he replied that they had so much to do that they could only come for a few minutes or a little while to London before returning to Ryde—I told him I should bring him the smaller group; he begged me not to come before 4 o'clock—I went to the Albany after 4 o'clock, and took the box with forty-four pieces—I had prepared two agreements in French; this (
<hi rend="italic">produced</hi>) is one of them, but it had not been finished at that time because I did not know the names of all the pictures, and the names that are in blue ink here were written at the Albany; I mean the description of the subjects of the pictures and the names of the artists—Phillips told me those; he dic-tated them to me, and I wrote it in his presence—I then gave it to him to copy and sign—he read it in my presence and commenced copying it. (
<hi rend="italic">This was translated as follows:</hi> "London, 22nd Sept., 1875. I. 3, Albany Street, Piccadilly. I, the undersigned, declare of having received of Mr. Matthew Yehovar, of 21, Norfolk Street, Strand, the following pieces of ancient Sevres dessert service, paste tendre, turquoise, forming the first group, forty-four pieces. I declare at the same time to have given to him in gua-rantee till the payment of the sum of 4,500
<hi rend="italic">l</hi>. sterling, the price of this first group, the following pictures belonging to me: 1, the Bacchante of Nicolas Poussin; 2, the Amphion, Salvator Rosa; 3, the Triumph of Galatea, by Annibal Carracchi; 4, the Procession of Cupids, by Andrea del Sarto; 5, Sleeping Figure, by Perugini; 6, Queen Elizabeth Naming her Suc
<lb/>cessor, by Smirke.") I also wrote this paper in blue ink there—I showed it to Phillips. (
<hi rend="italic">Read:</hi> "London, 22nd Sept., 1875. I 3, Albany, Piccadilly. I, the undersigned, declare that I have bought from Mr. Vehovar, of 21, Norfolk Street, Strand, a quantity of old Sevres dessert service of 1766 and 1767, paste tendre, turquoise, birds and flowers painted by (
<hi rend="italic">enumerating names</hi>), consisting of 104 pieces, belonging to his Highness the Prince Nicolas de Kieff of Russia, for the sum of 8,500
<hi rend="italic">l</hi>., and oblige myself to pay him this sum of 8,500
<hi rend="italic">l</hi>., at the handing over of the collection, in cask" Phillips said that all these contracts were useless and were too long, as it was only a question of a few days, when he would be in a position to pur
<lb/>chase the whole collection; then he said "I shall do that much shorter," and then he sat down to write this receipt, which' I signed—the paper was on the table; there was other similar paper there—I myself copied it on another sheet of similar paper—it has a coat-of-arms and a motto on it. (
<hi rend="italic">Read:</hi> "I 3, Albany, Piccadilly. Received of Professor Vehovar, the accredited agent of the Prince Repnine, of Kieff, Russia, the owner of the said dessert service, forty-nine pieces (five pieces short) Sevres china, in ex
<lb/>change for six old paintings, my property, namely and ascribed to (
<hi rend="italic">naming the artists</hi>). And I hereby declare to buy the remaining portion of the Sevres service. Signed, Samuel C. Phillips.") He had written out a receipt also for me, which I copied and signed—I gave Phillips a receipt for the six pictures, which were described to me as a guarantee—I have not seen the</p>
<xptr type="pageFacsimile" doc="187602280006"/>
<p>paper since—this is it. (
<hi rend="italic">Read:"</hi> 22nd Sept. 21, Norfolk Street, Strand. Received from Mr. Samuel C. Phillips the following pictures in exchange for a dessert service belonging to Prince Repnine (
<hi rend="italic">naming them</hi>). Signed, Matthew Vehovar, accredited agent of the Prince Repnine.") When 1 brought the bos there I immediately took the pieces out and put them on a sideboard—Cohen was not in the room at the time; he brought the box into the room—I don't remember whether he was in the room when the china was placed out on the sideboard, I paid no attention to him—this paper (
<hi rend="italic">produced</hi>) was written by Phillips, and I copied it—he asked me to keep the service till he had received the necessary money from his father—I said "You ought to undertake to purchase it," and on that Phillips wrote and signed this paper. (
<hi rend="italic">Read:</hi> "London, 22nd Sept., 1875. 21, Norfolk Street, Strand. Dear Sir,—It is at all times understood between us that the remaining portion of the dessert set of the old Sevres china is at your disposal. Matthew Vehovar, accredited agent of his Serene Highness Prince Repnine.") Phillips then said "Now, as I have the smaller group, I can now have the loan from my father, and I shall bring the lord to you to
<lb/>morrow to buy the Poussin, and I hope in four or five days we shall have concluded the whole affair"—I was then going away, and he asked me whether I could not take the Poussin with me—I was a little surprised to see that the picture had been taken down already when I entered there—I said the picture was too large, and it was already very late, and I preferred
<hi rend="italic">to call to-morrow</hi> morning at 9 o'clock to take the picture, because he could not come with the lord before 12 o'clock at noon—there never was a question about taking the other pictures with me; nothing was said about that—it had been arranged that the lord was to pay me 2,000
<hi rend="italic">l</hi>. next day for the Poussin—as to the word "exchange" in that paper I have to observe that I always spoke of a provisional exchange, as I had written in my first con
<lb/>tract and guarantee till he should have paid me—now, I well understand the word "exchange," but at that time, in the great haste in which he made me sign, I did not observe that the word "provisional" had been omitted; it never was my intention to exchange the service against the pictures—I had been authorised to give credit for one-third of the sum by selling the service against security; that was verbally—I left the box and the forty-four pieces at the Albany in the possession of Phillips—it was a wooden box covered with leather, made expressly for the china—Cohen and the workmen helped to carry the box from the cab to Phillips' rooms—after my return to the hotel, and after dinner, a waiter called me out, and to
<hi rend="italic">my great</hi> surprise I saw four men with a cart, and the pictures outside—Cohen was there—I spoke to him in English—I asked him "For what reason have you brought all these pictures here?——he said "When you left Mr. Phil
<lb/>lips, the lord arrived, and he thought it was the best to send you imme
<lb/>diately the pictures, because he will call to-morrow between 11 and 12 o'clock with the lord"—I had only a small room for the china and for the other pictures, and I could not put all the pictures in that room—I was angry at receiving the pictures; I had not desired it, and it never was arranged between me and Phillips—Cohen left the pictures with me—I went to the Albany next day before 9 o'clock; I rang the bell many times, and nobody opened the door; I could not get in; the old housekeeper came and said that Phillips was out of town—I gave orders to the housekeeper to send Cohen immediately he returned—I saw Cohen that evening—Phil
<lb/>lip did not come with any nobleman that morning—when Cohen came I</p>
<xptr type="pageFacsimile" doc="187602280007"/>
<p>said "How is it that your master has gone away"—he said "I do not know at all"—I said "You, as his servant, do not know anything about it?"—he said "I have passed the night at the house of one of my relations, who had some fete or party"—I said "
<hi rend="italic">No</hi> doubt you will get a letter from Mr. Phil
<lb/>lips explanatory of his sudden departure, please bring it to me"—he came next evening without any news; he said he had received no letter—the next day was Sunday—he did not return any more, but on the Monday he brought be a letter, without giving it to me; he read it to me that Mr. Phillips was at a hunting party at Beckenham, and that he charged him (Cohen) to tell me that he would be back by Tuesday or Wednesday—after that I never saw Phillips or Cohen again until they were in custody—on the Tuesday night I went to the Albany, and every day two or three times, but found nobody but the housekeeper—I also addressed a letter to Phillips, but got reply—after the prisoners were before the Magistrate I saw in the possession, of the police the box in which. I had carried the forty-four pieces to the Albany—I have some pieces of the china here now (
<hi rend="italic">produced</hi>).</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>. I am an Austrian by birth—I know what a bankrupt is; a bankruptcy is a failure—I was a bankrupt in 1864 at Vienna—I gave up all that I possessed—I had property in Styria, the fortune of my wife—I gave up all I possessed, about 27,000 florins to my creditors—Prince Repnine entrusted me with this china at the exhibi
<lb/>tion at Vienna; that was after my bankruptcy—I was employed at the exhibition, I was inspector of the pavilion of amateurs, where they exhibited works of ancient art and also modern—here is my document (
<hi rend="italic">producing a paper</hi>)—I had the surveillance of that pavilion, it was entrusted to me—this china was exhibited there and then I had to sell it for the prince—he gave me no written directions then, but when he came to Vienna an agreement was arranged between us, he gave me his authority, I had a letter of autho
<lb/>risation from the prince; it must be here, it was at the police-court—my duty was to sell the china—I brought it from Vienna to London in the same state in which I received it, 105 pieces—after a year I pledged several pieces—I did not pawn some of it within three months of my arrival in London, it was about a year—I cannot remember whether it was within six months—the first amount I raised was in October; I have given this explanation to Mr. Wontner—I spent the money for my own purposes and also in expenses for the service—I pawned two pieces in October to Mr. Young and some to Mr. Bierstoff—my intention was never dishonest—I pawned some of the china to Young in October, 1874, for 200
<hi rend="italic">l</hi>.—I spent that 200
<hi rend="italic">l</hi>. for myself and my 'expenses in England and for my children in Vienna—I re
<lb/>deemed those two pieces after two months—I pawned it afterwards at Mr. Bierstoff's for 400
<hi rend="italic">l</hi>.—I have thirty-seven pieces of the china now in my pos
<lb/>session—I have entrusted it to the London Joint Stock Bank—the forty-four pieces are in this box, which was seized by Sergeant Reimers in Mr. Cook's office—the manager of the bank was so kind as to receive during many months the whole service in deposit—I gave it to him to take care of—I did not get any money from the bank for it—in April last year I went to Paris and took with me fourteen pieces—I pledged one piece there by an agent, it is at Paris now—when I have the liberty to go to Paris, for 60
<hi rend="italic">l</hi>. I can have it back again—I did not pawn it, it was a very bad action of the agent; he was not my agent—I did not myself pawn any in Paris; I gave a piece to a dealer in Pans and he gave me 500 francs, and I gave a receipt for it, that was to enable me to return to London—the prince has since taken out a</p>
<xptr type="pageFacsimile" doc="187602280008"/>
<p>great many of the pieces that I pawned—I have none at all in my possession now—those I had in my possession I have deposited with the bank; that is one of the boxes containing those pieces which were pledged with Jacob-sun; that is in the hands of Mr. Robins, the other box which was seized by Renners is in Scotland Yard—eighteen or nineteen pieces were seized at Jacobson's on 28th August—I received 600
<hi rend="italic">l</hi>. for them, signing a letter for three months to the amount of 700
<hi rend="italic">l</hi>.—that sum was paid to Jacobson at the time when Mr. Robins and I took back the pieces—I did not pay anything to Jacobson out of my own pocket, the time for repayment had not expired; it has expired now, it expired in November—this is a business between myself and the prince—Magner has made nearly all these transactions him-self under a fictitious sale—I never in reality in writing sold any of the pieces to Magner—I gave a declaration that I could have it back again at the time fixed—I got 700
<hi rend="italic">l</hi>. for it—Mr. Robins has the writing—I have received 600
<hi rend="italic">l</hi>. and gave 700
<hi rend="italic">l</hi>.—Mr. Robins has obtained all these pieces back again—he paid the money I had obtained—I had 850
<hi rend="italic">l</hi>. from Jacobson alto
<lb/>gether—the pictures I had from Phillips are at my hotel, the landlady will not let them go till my account is paid; my account is about 200
<hi rend="italic">l</hi>.—I have many pictures, my property—Phillips did not offer to give up the china when he found it belonged to Prince Repnine and not to me—he never offered me that, because he knew very well that the china was not my property at the first visit—a reward of 400
<hi rend="italic">l</hi>. was offered upon the steps which Magner and Jacobson took—they asked 500
<hi rend="italic">l</hi>., I refused that—I refused to give my signature to make the prince suffer such a sacrifice; at last I was obliged to sign it to give 400
<hi rend="italic">l</hi>. to Magner and Jacobson also—Mr. Cooke gave me a letter or declaration which had to sign for that purpose, to withdraw from the prosecution——Magner, Jacobson, and Mr. Cook proposed that—Mr. Cook was my solicitor in this case—the 400
<hi rend="italic">l</hi>. was to be given to get back the box—I don't know what was to be done with the 400
<hi rend="italic">l</hi>., it was probably to be divided between Jacobson, Magner, &c.—I don't know whether by &c. I mean Mr. Cook—I had nothing to do with the 400
<hi rend="italic">l</hi>., I had nothing to do but to sign this declaration to desist from the prosecution—I said that all the expenses that I had in this proceeding and the other expenses should be paid, and I would not deliver up the pictures before—I did not stop the prosecution—I signed this decal
<lb/>ration, but instead of giving it to Mr. Cook I gave it to Mr. Robins—I do not know the English laws—it was 12 o'clock at the police-court when Mr. Cook came to me with Magner and Jacobson, and said "You must sign a declaration to desist from the prosecution"—I replied "I don't take any steps without Mr. Robins, it is too short a time"—Mr. Cook, Jacobson, and Magner told me I must cease from the prosecution; Jacobson at the last moment came to intimidate me—I was obliged to sign the paper, because the arrangement was made already—after having signed it I immediately re
<lb/>turned to Bow Street police-court and told it to Mr. Reimers—the box was there and he seized it—the 400
<hi rend="italic">l</hi>. was not paid, it was only promised—the three persons who intervened were to have had it; it was not to be for my expenses—I have never asked for the 400
<hi rend="italic">l</hi>.—Jacobson asked for 500
<hi rend="italic">l</hi>.—I told Mr. Robins not to pay anything at all of that sum, at the utmost 100
<hi rend="italic">l</hi>.—I was only made acquainted with the arrangement that 400
<hi rend="italic">l</hi>. should be paid at the time I was asked to sign the paper—I don't know what was to be done with the 400
<hi rend="italic">l</hi>., for me not a penny, because in the beginning I refused a payment for the box—the 400
<hi rend="italic">l</hi>. was to be paid at Mr. Cook's</p>
<xptr type="pageFacsimile" doc="187602280009"/>
<p>office and I was to go there to check the pieces to see that they were right—Mr. Robins is solicitor for Prince Repnine—he was authorised to make the sacrifice of 400
<hi rend="italic">l</hi>. to get the box back—I did not know anything of this arrangement, it was made by Magner, Cook, and Jacobson—I suppose Mr. Cook knows all about it—I don't know whether Phillips has returned all the china—Mr. Cook is still my solicitor in another case—he gave me the paper to sign, and he knows all about it.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>. At the different meetings at the Albany, the door was for the most part opened by Cohen—the interviews then took place between Phillips and I alone—I said before the Magistrate that I always looked upon Cohen as the servant, and that when he brought the pictures to Norfolk Street I gave him Is.—I have given him a 1
<hi rend="italic">s</hi>. two or three times, believing he was acting as the servant.</p>
<p>
<hi rend="italic">Re-examined.</hi> I was unfortunate with my boarding school at Trieste in 1859—my establishment was destroyed by the Italian hostilities because my Italian pupils for the most part did not return—I was then employed as professor of German literature at the Commercial Academy at Vienna during six years, till 1867—after that I gave lessons in German literature and in the French and Italian languages, and in 1873 I was employed as surveyor at the exhibition in the department I have mentioned—I was a bankrupt at Vienna in 1864 in consequence of my failure in 1859—I was then professor at the Academy—I had to arrange with my creditors, and gave up 27,000 florins—I was introduced to Prince Repnine by my position at the exhibition—this is my letter from Prince Repnine, which I showed to Phillips. (
<hi rend="italic">This was dated 10th September</hi>, 1873,
<hi rend="italic">and purported to be an authority from Prince Repnine to the witness to sell the china service on his behalf.</hi>) I showed that to Phillips on the second or third call—this docu
<lb/>ment of the 22nd September is Phillips' writing. (
<hi rend="italic">This described the witness as the accredited agent of Prince Repnine, the owner of the china.</hi>) The Prince was to find money for the expenses of
<hi rend="italic">myself</hi> and family while I was in England—he was also to pay any expenses incurred in exhibiting and dis
<lb/>posing of the china—I had an apartment in Jermyn Street for that purpose—I appropriated the money that I raised in the way I have described for my personal expenses, and for that of my family, and also for the china service, journeys to Paris, and so on, and insurance—ten pieces wore at one time pledged—the greatest number pawned was in November, when we redeemed them, then there were twenty-one—that included Jacobson's—three are still in pledge now at Mr. Bierstoff's—when I saw Mr. Robins, I com
<lb/>municated with him, on behalf of the Prince, where they were, and they were redeemed immediately afterwards—there are at present 100 pieces existing; one has been stolen, one is at Paris, and three are at Bierstoff's, that makes 105—I was present when Phillips was taken into custody—not when he was taken by the policemen, but when he was taken before the Magistrate—it was after he was taken before the Magistrate that the offer of 400
<hi rend="italic">l</hi>. was talked about, because that was on 1st December or 30th November, and he was taken into custody on 15th November—an offer was made to return the china before he was taken into custody—Mr. Jacobson told me that he knew where Phillips was, and he would get it returned if I gave 50
<hi rend="italic">l</hi>., and I cousented with pleasure; that was before he was arrested, before 1st Decem
<lb/>ber—Mr. Robins was to pay the 400
<hi rend="italic">l</hi>. in the name of the prince—I know now what was to be done with the money; but before I signed that paper I did not know—the arrangement was mentioned to the Magistrate, and he</p>
<xptr type="pageFacsimile" doc="187602280010"/>
<p>refused to sanction it—the pictures that Cohen brought to me are with others at the hotel in Norfolk Street; the landlady holds them all.</p>
<p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>. Until August, 1874, the prince had made me an allowance; but after, when the things were put into the bank, that ceased; but as I have still occupied myself with the service, having other business in hand as well, I remained in London.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-14" type="witnessName">
<interp inst="t18760228-name-14" type="gender" value="male"/>
<interp inst="t18760228-name-14" type="surname" value="COLNAGHI"/>
<interp inst="t18760228-name-14" type="given" value="MARTIN"/>MARTIN COLNAGHI</persName> </hi>. I am an expert in works of art by the old masters—I am very well acquainted with the value of paintings—more especially of the old masters—I saw eleven pictures this morning at the Belle-vue Hotel—one was a copy of very little value—it purported to be by Perugini—its value was 30
<hi rend="italic">l</hi>. or 50
<hi rend="italic">l</hi>. at the outside—it is impossible to say how much exactly—the Amphion of Salvator Rosa is old, but of very little value; from 15
<hi rend="italic">l</hi>. to 20
<hi rend="italic">l</hi>.—it is not by Salvator Rosa—the Triumph of Galatea is a copy, probably at the time a very respectable copy, but of very little value—it is certainly not worth 50
<hi rend="italic">l</hi>.—the Procession of Cupids I should think is a copy of some 200 years old; very much restored, of very trifling value; it is not worth more than 15
<hi rend="italic">l</hi>. or 20
<hi rend="italic">l</hi>.—when pictures are of importance and valuable pictures, you can at once say what they are worth, but these things which are by inferior masters, it is most difficult to estimate—the picture of a sleeping figure is of very little value—I should think it would not fetch 10
<hi rend="italic">l</hi>. at Christie's—then there is Queen Elizabeth by Smirke—it is an original in the time of Smirke, but of very little value—it' is not worth 50
<hi rend="italic">l</hi>.—taking all six together about 190
<hi rend="italic">l</hi>. would be the outside sum for them.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>. I am generally consulted upon these matters—other people are kind enough to say I am a first-rate judge—I do not doubt that you would not know a Poussin—a man who is not a first rate connoisseur is very easily deceived—there are men who make collec
<lb/>tions who are connoisseurs, but very few—some original pictures have fallen very much in value—if this picture was a real Poussin I dare say it would be worth 3,000 guineas—I do not think it possible that there are a dozen people who collect pictures who would mistake this for an original Poussin—I think people could make a mistake about Salvator Rosa—he is not at all known, only by his landscapes—his works are of common commercial value—I should be very sorry to give 30
<hi rend="italic">l</hi>. for the Galatea picture—it is a nice picture for a man to hang up who has no knowledge or judgment—the value of pictures is not uncertain—there is a market price for all things—there is a market value that connoisseurs know very well, and there is another value that purchasers have to pay—no doubt a man buys and makes money out of his purchase—I simply come here to give my opinion professionally—I have a small collection of china—I do not sell china—I do not pretend to be a connoisseur, and I do not know about other people, but I think I should not be very well deceived in Sevres china or old china.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-15" type="witnessName">
<interp inst="t18760228-name-15" type="gender" value="male"/>
<interp inst="t18760228-name-15" type="surname" value="MACLE"/>
<interp inst="t18760228-name-15" type="given" value="CHRISTIAN"/>CHRISTIAN MACLE</persName> </hi>. In September last I was a waiter at the Belle-vue Hotel, Norfolk Street—Mr. Vehovar was stopping there—I remember one evening a van coming with some pictures in it, and I called Mr. Vehovar from the dining room—I saw Cohen and heard what passed between him and Mr. Vehovar—Mr. Vehovar asked Cohen what did he want with the pictures here already—Cohen said because when he went away from his master's house he told him a man came who was going to buy the pictures—he said "The prince came and master sent me away with the pictures directly, and he told me he would be up with the gentleman to-morrow to buy the pictures."</p>
<xptr type="pageFacsimile" doc="187602280011"/>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>. I was standing in the hall—this conversation took place just outside the room where the pictures were taken in—all the conversation I heard was what took place upon the stairs—in substance what was said by Cohen was that he went away from his master's house, and that the man came who was going to buy the pictures, and that, according to his master's orders, he brought the pictures on.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-16" type="witnessName">
<interp inst="t18760228-name-16" type="gender" value="male"/>
<interp inst="t18760228-name-16" type="surname" value="MOULSON"/>
<interp inst="t18760228-name-16" type="given" value="CHARLES HENRY"/>CHARLES HENRY MOULSON</persName> </hi>. I am managing clerk to Mr. Hensley, who is secretary to the Albany—I know Phillips—he occupied apartments in the Albany No. I 3—there was no agreement existing between him and the trustees—the previous tenant was Prince Rodecanacci, and previous to him was Mr. Corbett—the Albany is rested in trustees—there was a lease between Mr. Corbett and the trustees—I have it—Phillips came in some time in 1874, and occupied them until the latter end of 1875—after Phillips was tenant, I was present when something was done about the rent—I had nothing whatever to do with the termination of the tenancy, or his leaving.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-17" type="witnessName">
<interp inst="t18760228-name-17" type="gender" value="male"/>
<interp inst="t18760228-name-17" type="surname" value="ROBINSON"/>
<interp inst="t18760228-name-17" type="given" value="ERNEST"/>ERNEST ROBINSON</persName> </hi>. I am a clerk in the Court of Bankruptcy—the date of Phillips' petition for liquidation is 1st June, 1874—debts owing, 6,266
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>.; assets, consisting of furniture, stock-in-trade, and book debts, 350
<hi rend="italic">l</hi>.—a resolution was adopted by the creditors for an instalment over so many months, and the last would be in 1876—I also produce proceedings in the case of Phillips Brothers, which terminated in a bankruptcy—Mr. Waddell was trustee, and Messrs. Lumley were solicitors—the petition was the defendant Phillips' own.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>. It does not appear over what length of time he was trading—it was as a commission agent and trimming manufacturer in Ely Place.</p>
<p>
<hi rend="italic">Tuesday, February</hi> 29.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-18" type="witnessName">
<interp inst="t18760228-name-18" type="gender" value="male"/>
<interp inst="t18760228-name-18" type="surname" value="WONTNER"/>
<interp inst="t18760228-name-18" type="given" value="JOHN"/>ST. JOHN WONTNER</persName> </hi>. I am the solicitor acting in this prosecution—I know Mr. Edward Lumley, a witness in this case—I am aware that he is suffering from a serious disease, which renders it improper that he should be a witness '—he was examined and cross-examined before the Magistrate. (
<hi rend="italic">The deposi
<lb/>tion of Mr. Edward Lumley was read as follows:"</hi> I am a partner in the firm of E. & H. Lumley, of St. James Street, brother to Lumley & Lumley, solicitors. In consequence of instructions I received, I went over the cham
<lb/>bers 13, Albany, in February or March, 1874. I took a cursory glance and formed on opinion of the value. We advertised the chambers to let, and the contents for sale. I had known Phillips for two or three years. I knew him in business in Ely Place. I knew-nothing of his liquidation at that time. He was a gentleman wanting chambers. About June or July I sold him the contents of the chambers. I cannot say what I asked for the furniture. An inventory was made in two parts; the books by Sotheby & Co., and the rest of the effects were made an inventory of by one of my clerks, named Sims, who has left us now. We could get no more than 300
<hi rend="italic">l</hi>. from the friends of Prince Rodecanacci, and as Phillips had offered 350
<hi rend="italic">l</hi>., I consulted with Mr. Waddell, and I sold to Phillips the whole contents of the chambers. I saw some pictures in the rooms. I got the money from Phillips. I have seen Cohen at Phillips' chambers. He has opened the door to me. I have seen Cohen also at Ely Place. I can't say in what capacity. 25, Ely Place, was like an office, two rooms, the back like a warehouse, the front room as an office and sitting room. I do not know how Cohen was employed there</p>
<xptr type="pageFacsimile" doc="187602280012"/>
<p>I have heard nothing to the contrary of Phillips being an honest man. When I saw Cohen at the Albany, I should say he was acting in a menial capacity.")
<hi rend="italic">A further examination."</hi> I produce an inventory of the contents of the rooms I 3 which I sold to Phillips. The inventory is in the hand-writing of a clerk named Sims, who has since left me. This is an inventory of the rooms I 3. There are paintings described in the inventory, the same as now read to me from the list in Court; six in number. They were included in the sale I made. There is a value carried out to each—the Amphion, 10
<hi rend="italic">l</hi>.; Bacchante, 5
<hi rend="italic">l</hi>.; The Triumph of Galatea, 8
<hi rend="italic">l</hi>.; the Procession of Cupids, 12
<hi rend="italic">l</hi>.; Death of Queen Elizabeth, 15
<hi rend="italic">l</hi>. or 5
<hi rend="italic">l</hi>.</p>
<p>
<hi rend="italic">Cross-examined.</hi> It was under a bankruptcy that I sold these goods, and they were sold irrespective of the rooms, but in the rooms, not by auction. They were sold to the defendant in a lump sum."</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-19" type="witnessName">
<interp inst="t18760228-name-19" type="gender" value="male"/>
<interp inst="t18760228-name-19" type="surname" value="PHILLIPS"/>
<interp inst="t18760228-name-19" type="given" value="MARK"/>MARK PHILLIPS</persName> </hi>. I live at Weymouth, and am a general outfitter—the defendant Phillips is ray son—I have been in business there nearly forty yean—my son was in business in Ely Place as a trimming manufacturer—he was started in 1864—he failed, and I was a creditor of his—Cohen is a cousin on my wife's side—I never lived at Ryde, and never kept a yacht—I never intended to go to the Mediterranean in my own yacht.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>. I started my son in business when he was twenty-two years of age, he is now over thirty—previous to starting in business he lived at home with me—I gave him a certain amount of capital to start with—he was always well conducted—previous to living with me at home he was in a situation at Birmingham—his character was always good.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>. Cohen's parents were very poor—my son took him from school as an errand boy at about 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. a week, and he lived with him as a kind of servant ever since.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-20" type="witnessName">
<interp inst="t18760228-name-20" type="gender" value="male"/>
<interp inst="t18760228-name-20" type="surname" value="NICHOLLS"/>
<interp inst="t18760228-name-20" type="given" value="ROBERT"/>ROBERT NICHOLLS</persName> </hi>. I am a porter at Ely Place—I recollect when Phillips was in business there—I know Cohen—he was quite a lad when he came there—he remained with Phillips at Ely Place during the whole time he was there.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>. I said before the Magistrate that Cohen was like an errand boy to Phillips—I have seen him drawing a truck with boxes in it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-21" type="witnessName">
<interp inst="t18760228-name-21" type="gender" value="male"/>
<interp inst="t18760228-name-21" type="surname" value="ROOTS"/>
<interp inst="t18760228-name-21" type="given" value="THOMAS"/>THOMAS ROOTS</persName> </hi> (
<hi rend="italic">Detective Sergeant</hi>). On 15th Navember I received war
<lb/>rants for the prisoners' apprehension—Phillips was arrested and brought to London—I did not arrest him—he was arrested by Inspector Gibbs, of the Brighton Police—he was handed over to me at Bow Street—I then read the warrant—he said nothing—Cohen said it was false—Cohen was handed to me by Detective Constable Leader of the C division—I searched Cohen and found on him some papers, a copy of a telegram to Phillips about bankruptcy, also a memorandum from G. H. Chalker, a betting book, the key of the chambers, two invoices, and some letters addressed to himself—I searched Phillips' lodging at Brighton and found these papers—I afterwards went to the Albany and searched Phillips' rooms—I there found some books of accounts relating to Ely Place—I found an I O U for 120
<hi rend="italic">l</hi>. signed by Cohen, also an I O U for 120
<hi rend="italic">l</hi>. signed by Sidney Jacobson & Cohen, three betting books, some invoices showing dealings in trimmings, Phillips' letter book, a day book showing dealings in trimmings and fringe, a book marked" Receivable and payable cash-book" from January, 1872, to 1874, a memo
<lb/>randum book with a number of leaves torn out and no entries, one banker's</p>
<xptr type="pageFacsimile" doc="187602280013"/>
<p>pass-book, no banker's name, no entry, a number of leaves torn out, an iron box containing a number of papers, among them those three letters, and a packet of letters marked "H. Cohen," old letters.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>. I assisted Sergeant Reimers in the case—he had to go on the Continent and he handed the warrants to me to execute—I did execute them at Bow Street—the prisoners were brought to Bow Street and I charged them there on the warrant—I had nothing to do with taking them—I saw Magner, he had been to Brighton, I heard that he came back with Phillips—it was he, with Professor Vehovar, who gave Phillips into custody—I believe Jacobson was also at Brighton—I never heard of any reward being offered for the return of the china, this is the first I have heard of it—I have heard them speak of it at Bow Street, but I heard of no reward being offered—Mr. George Lewis originally appeared for Phillips at Bow Street, Mr. Cook appeared for the prosecution—I heard that a compromise was to be effected, that a sum of money had been offered for the return of the china, we heard that Mr. Robins was going to give 400
<hi rend="italic">l</hi>. for it; it was not offered as a reward for the apprehension of anybody, merely for the returning of the china—I heard from Mr. Robins that the china was to be restored to him for 400
<hi rend="italic">l</hi>.—I and Reimers did not agree that that should be done, we did not know where the china was—we heard that it was to be returned on 1st December—it was not returned—Mr. Cook has got it for the purpose of being returned.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>. Cohen was taken on the 16th November the morning after Phillips—Magner was present when Cohen was given into custody; he gave him into custody at the Albany Chambers—all he said was that it was false—I don't recollect that he said he was the servant of Phillips—he gave his address I 3; Albany to the inspector who took the charge—he might have said he was a servant.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-22" type="witnessName">
<interp inst="t18760228-name-22" type="gender" value="male"/>
<interp inst="t18760228-name-22" type="surname" value="FORREST"/>
<interp inst="t18760228-name-22" type="given" value="GEORGE EDWARD"/>GEORGE EDWARD FORREST</persName> </hi>. I am a gas engineer of New Street Square I have had the letting of 25, Ely Place for some years—Phillips and his brother took three rooms there at 57
<hi rend="italic">l</hi>. a year which they occupied for five years—Phillips left in August or September, 1874, I did not know that he was going to leave—he owed a quarter's rent—I believe the top room was used as a sleeping room, the front room as a sitting room and the third room as a warehouse—I have seen Cohen there several times during the tenancy.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>. I stated before the Magistrate that I had seen Cohen several times there as a servant or messenger—I always took him to be so.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>. I am not aware that all the fittings were left behind—I believe there was a gas pendant left in the front room.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-23" type="witnessName">
<interp inst="t18760228-name-23" type="gender" value="male"/>
<interp inst="t18760228-name-23" type="surname" value="COOK"/>
<interp inst="t18760228-name-23" type="given" value="GEORGE MAYOR"/>GEORGE MAYOR COOK</persName> </hi>. I am a solicitor of 9, Gray's Inn Square—Mr. Vehovar was introduced to me as a client in October or November—about. a fortnight afterwards counsel by my instructions obtained at Bow Street police-court, a warrant for the apprehension of the two prisoners on a charge of con
<lb/>spiracy—I think the information was sworn on 5th November—on 1st December there had been an examination before Mr. Vaughan—I had been before the Magistrate two or three times before 1st December I think, but I am not quite sure of the number of times—on 1st December Phillips' brother came to my office and brought a box with forty-four pieces of china in it, and that same day by the direction of Mr. Vaughan I delivered the box and</p>
<xptr type="pageFacsimile" doc="187602280014"/>
<p>its contents to Sergeant Reimers—from that time I ceased to take any part in the conducting of the prosecution—Mr. Wontner then conducted it, and I became a witness.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>. Mr. Jacobson introduced me to the prosecutor—I had known Mr. Jacobson about twelve months—I was concerned in granting a lease for him—he is a dealer in antiquities, works of art and vertu, and has a very large shop in Oxford Street—ho was here yesterday—I have not seen him here this morning—I did not know Magner till this, Jacobson introduced me to him before he introduced me to the prosecutor—the introduction was for me to attend at Judges Chambers to watch the case—things had been seized belonging to Vehovar, the china and a lot of things, in an action, upon a regular judgment ob
<lb/>tained by a firm that call themselves Fisher & Co., Mr. Levy there—an action is now pending in which I am for the prosecutor, and he is the defendant—it is an action for alleged work and labour, and also for a picture—there are two actions—the criminal charge began about a fortnight after I had first met Professor Vehovar—it was not my suggestion—I was consulted about it, it had already been suggested by Mr. Goatley another solicitor; it came out of Mr. Goatley's hands into mine—I expressed my inability to give an opinion as I was not versed in criminal law, having been the pupil of a conveying barrister—I said I was not competent to give an opinion about it, that counsel must be consulted about it—after counsel had advised what should be done, I considered myself competent to do what was necessary—I think that would be about the 2nd November; I then went with Jacobson and Magner to counsel's chambers—a statement was brought to me made by Vehovar detailing the whole of the particulars; I think I have that statement—I first took steps on the Friday—the warrant was obtained on the Satur
<lb/>day, and I handed it over to Sergeant Reimers—one morning when I arrived at my chambers Professor Vehovar was there, and said that Phillips had been arrested, and was to be brought to Bow Street at 10 or 12 o'clock—I have heard that Magner and Jacobson went down to Brighton—the warrants had not been refused before I obtained them—I got them from Mr. Flowers at his house at Hornsey—I went there with Sergeant Reimers, Jacobson, and Magner—Mr. Magner was secretary to a prince, a member of our royal family—Vehovar being a foreigner, Magner knowing the whole of the details acted as interpreter to him—I took Jacobson because he had sworn an information as to the value of the pictures—I should think it would be about twelve days after I got the warrant that I heard there was an offer of 400
<hi rend="italic">l</hi>. to get back the china—during that time I, as solicitor for the prosecution, had been conducting the case against Phillips—I heard about the 400
<hi rend="italic">l</hi>. by a letter that was brought to me by Magner—previously to that I beard that Phillips had said he would smash the china into athousand pieces sooner than Vehovar should have it—Jacobson told me that—a letter was brought to me by Magner on 30th November, that if the china was delivered 400
<hi rend="italic">l</hi>. would be paid, they were most anxious to recover the china—I had no control over the china—it was about 12.30 when Magner brought the letter, and he said that Phillips' brother would come and leave the china at my office, and the pictures were to be exchanged—the things were to be transferred as it were; that I heard from Magner—Phillips and Magner seem to have been friendly—I don't think he was the agent—the china was delivered, on my arrival at my office I found Phillips' brother</p>
<xptr type="pageFacsimile" doc="187602280015"/>
<p>there with it—the 400
<hi rend="italic">l</hi>. was to come from Messrs. Robins, the prince's solicitors, they were most anxious to get back the china—they then asked me if I would withdraw from the prosecution, I said "I cannot do anything without counsel"—Phillips' brother came accompanied by Mr. Froggatt who was then the solicitor for Phillips—my mind was not troubled, but I should never dream of doing anything without the consent of counsel; there was not any compromise—the body of this document (
<hi rend="italic">produced</hi>) is my writing, the signature is Vehovar's—it was written by me for Yehovar to sign, as an authority for me to put before counsel or before the Magistrate, to advise us how to act (
<hi rend="italic">Read:"</hi> 1st December, 1875. To Mr. G. M. Cook, 9, Gray's Inn Square. You will please withdraw from the prosecution in this case, I do not wish to proceed with the matter, M. Yehovar.") No arrangement had been made as to what was to be done with the 400
<hi rend="italic">l</hi>.—it had not been spoken of at all—Jacobson and Magner had exerted themselves, and they said that if money was paid they would be able to get the china back; it was not stated to whom the money was to be paid; I understood it to be to Jacobson and Magner—the 400
<hi rend="italic">l</hi>. was to be paid to them—nothing was said about my costs, they were not to be paid out of the 400
<hi rend="italic">l</hi>.; I was not to have any por
<lb/>tion of the 400
<hi rend="italic">l</hi>., nothing was said about it—I said that 1 should leave my costs to the professor—he was not to have any of the 400
<hi rend="italic">l</hi>.—the whole was to go to Jacobson and Magner—I am not aware of any arrangement that the professor was to have any portion of the 400
<hi rend="italic">l</hi>.—the money was not actually paid, I refused to pay it—it was not paid to me, I never had it—Magner asked—me to give him a cheque, Jacobson asked me to give him a cheque—Phillips was in custody at that time, and the china was then in the hands of the police, it was delivered up to Sergeant-Reimers.</p>
<p>
<hi rend="italic">Re-examined.</hi> This (
<hi rend="italic">produced</hi>) is the letter that Magner brought to me—the suggestion that the china should be restored to Mr. Vehovar came from Mr. George Lewis, on the very first occasion; he was then acting as solicitor for Phillips after he was in custody—no suggestion that I know of was made of restoring the china till after Phillips was in custody; Mr. George Lewis suggested to counsel on the first occasion that the china should be given up; that was the first suggestion I heard of giving up the china—I heard of the threat to destroy the china directly after Phillips' arrest.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-24" type="witnessName">
<interp inst="t18760228-name-24" type="gender" value="male"/>
<interp inst="t18760228-name-24" type="surname" value="ROBINS"/>
<interp inst="t18760228-name-24" type="given" value="THOMAS FRANCIS"/>THOMAS FRANCIS ROBINS</persName> </hi>. I am a member of the firm of Venning, Robins & Co.—we are very often employed by the Russiam embassy—I have been acting for Prince Repnine—a certain number of pieces of china are in the hands of the police awaiting the result of this trial, and a certain number at the London Joint Stock Bank, one piece in London, two in Paris, and fourteen or fifteen in my custody—this letter, which Mr. Cook says was brought to him by Magner, is my writing. (
<hi rend="italic">Read:"</hi> 30th Nov., 1875. To Mr. Cook. Dear Sir,—If the forty-four pieces taken by Phillips are delivered to me here before 4 o'clock to-day I will pay 400
<hi rend="italic">l</hi>., and will autho
<lb/>rise you to withdraw from the prosecution. T. F. Robins.") It was not my intention at any time to withdraw from the prosecution without the consent of the Magistrate—about the 26th or 27th of November Mr. Cook, Magner, and the professor called at my office; they told me what had taken place—I think the day before or the day before that, before the Magistrate while they were there, Magner said the china could be got back if 500
<hi rend="italic">l</hi>. was paid for it, and that Phillips had said that if he was convicted it could not be obtained, but it should be broken in pieces rather than the prince should</p>
<xptr type="pageFacsimile" doc="187602280016"/>
<p>have it—I said "It is my duty to telegraph to the prince and tell him what I have heard"—the professor objected to that; he objected to any money being paid—I appointed Magner to call on me, I think, the following day—Mr. Cook required this paper to be signed by Vehovar—it was signed, and I put it in my pocket, and said I would attend with him before the Magistrate after I had obtained possession of the china—I understood that Mr. Vaugban wanted to see it, and I handed it to Reimers—it was in my pocket but never used.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>. I never offered any re
<lb/>ward, nor was any offered—Magner was the spokesman as to the 500
<hi rend="italic">l</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-25" type="witnessName">
<interp inst="t18760228-name-25" type="gender" value="male"/>
<interp inst="t18760228-name-25" type="surname" value="WRIGHT"/>
<interp inst="t18760228-name-25" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY WRIGHT</persName> </hi>. I am a night porter at the Albany—I recol
<lb/>lect Phillips occupying the rooms that used to be Prince Rodacanacci's; he remained there from twelve to fifteen months—I recollect his going away; I did not know that he was going, he went in the evening; it might be 10 or after 10 o'clock—he took with him a long tin bos, a square box, a wooden box with brass handles, a hat bos, and a rug—Cohen brought the boxes down; they were put on a cab—Phillips got inside and Cohen got on the box by the side of the cabman by Phillips' orders; Phillips told the cab-man to drive to London Bridge—I never saw him again till he was in cus
<lb/>tody—Cohen came back, and was there pretty constantly until he was taken into custody.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>. I said before the Magistrate I have seen Cohen acting as a servant and going out on messages; he acted as any other servant would do; be slept on the third floor and Phillips on the second."</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>. I cannot give any date at all as to the time when Phillips went away in the cab—I don't know what—month it was in.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-26" type="witnessName">
<interp inst="t18760228-name-26" type="gender" value="male"/>
<interp inst="t18760228-name-26" type="surname" value="SCOTT"/>
<interp inst="t18760228-name-26" type="given" value="JAMES"/>JAMES SCOTT</persName> </hi>. I am an auctioneer, of Warwick Street, Regent Street—on the 7th June, by Mr. Hemsley's instructions acting for the landlord, I distrained the rooms I 3, Albany—this is the notice I left—on the 12th June ray agent, Smith, received 82
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. and gave up possession—I subse
<lb/>quently distrained on the 16th November, and a portion of the goods was sold to satisfy the rent.</p>
<p>
<hi rend="smallCaps">MR. WILLIAMS</hi>
<hi rend="italic">submitted that there was not sufficient evidence to go to the Jury of conspiracy on the part of Cohen, whose position was evidently that of a ser
<lb/>vant to Phillips, and who only acted under his master's directions.</hi>
<hi rend="largeCaps">MR. SER
<lb/>JEANT BALLANTINE</hi>
<hi rend="italic">also urged that the counts for conspiracy could uot be sup
<lb/>ported; and as to the false pretences, the prosecutor had never stated specifically what induced him to part with the china, and therefore the counts charging specific false pretences were not made out.</hi> The Common Serjeant
<hi rend="italic">considered thai as to the conspiracy, certain acts having been proved as to Cohen, it was for the Jury to draw their own inferences from those facts; amd as to the false pretences, it would be for the Jury to say whether the pretences made were false in point of fact, and whether the goods were parted with on the faith of those pretences.</hi> </p>
<p>
<hi rend="largeCaps">PHILLIPS</hi>
<rs id="t18760228-197-verdict-1" type="verdictDescription">
<interp inst="t18760228-197-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760228-197-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi> </rs>
<hi rend="italic">
<rs id="t18760228-197-punishment-1" type="punishmentDescription">
<interp inst="t18760228-197-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t18760228-197-punishment-1" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-197-18760228 t18760228-197-punishment-1"/>Eighteen Months' Imprisonment.</rs> </hi>
<hi rend="largeCaps">COHEN</hi>
<hi rend="smallCaps">
<rs id="t18760228-197-verdict-2" type="verdictDescription">
<interp inst="t18760228-197-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18760228-197-verdict-2" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>
<hi rend="italic">Monday, February</hi> 28th, 1876.</p>
<p>
<hi rend="italic">Before Robert Malcolm Kerr, Esq.</hi> </p>
<div1 type="trialAccount" id="t18760228-198">
<interp inst="t18760228-198" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-198" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-198-charge-1" targOrder="Y" targets="def1-198-18760228 t18760228-198-offence-1 t18760228-198-verdict-1"/>
<join result="criminalCharge" id="t18760228-198-charge-2" targOrder="Y" targets="def1-198-18760228 t18760228-198-offence-2 t18760228-198-verdict-1"/>
<p>198.
<persName id="def1-198-18760228" type="defendantName">
<interp inst="def1-198-18760228" type="gender" value="male"/>
<interp inst="def1-198-18760228" type="age" value="45"/>
<interp inst="def1-198-18760228" type="surname" value="SHERROCK"/>
<interp inst="def1-198-18760228" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY SHERROCK</hi> (45)</persName>
<rs id="t18760228-198-offence-1" type="offenceDescription">
<interp inst="t18760228-198-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760228-198-offence-1" type="offenceSubcategory" value="mail"/>,
<hi rend="smallCaps">
<rs id="t18760228-198-verdict-1" type="verdictDescription">
<interp inst="t18760228-198-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760228-198-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to unlawfully solicit
<lb/>ing.
<persName id="t18760228-name-28">
<interp inst="t18760228-name-28" type="gender" value="indeterminate"/>
<interp inst="t18760228-name-28" type="surname" value="HALL"/>
<interp inst="t18760228-name-28" type="given" value="na"/>Hall</persName>, to steal certain post-letters, the property of
<persName id="t18760228-name-29" type="victimName">
<interp inst="t18760228-name-29" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18760228-198-offence-1 t18760228-name-29"/>Her Majesty's Postmaster-General</persName>;</rs>
<hi rend="italic">also</hi>
<rs id="t18760228-198-offence-2" type="offenceDescription">
<interp inst="t18760228-198-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t18760228-198-offence-2" type="offenceSubcategory" value="forgery"/>to feloniously forging and uttering an endorsement to an order for money with intent to defraud, baying been twice before convicted of felony—</rs>
<hi rend="italic">
<rs id="t18760228-198-punishment-2" type="punishmentDescription">
<interp inst="t18760228-198-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18760228-198-punishment-2" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-198-18760228 t18760228-198-punishment-2"/>Twenty Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18760228-199">
<interp inst="t18760228-199" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-199" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-199-charge-1" targOrder="Y" targets="def1-199-18760228 t18760228-199-offence-1 t18760228-199-verdict-1"/>
<xptr type="pageFacsimile" doc="187602280017"/>
<p>199.
<persName id="def1-199-18760228" type="defendantName">
<interp inst="def1-199-18760228" type="gender" value="male"/>
<interp inst="def1-199-18760228" type="age" value="23"/>
<interp inst="def1-199-18760228" type="surname" value="RUSH"/>
<interp inst="def1-199-18760228" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN RUSH</hi> (23)</persName>
<rs id="t18760228-199-offence-1" type="offenceDescription">
<interp inst="t18760228-199-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760228-199-offence-1" type="offenceSubcategory" value="mail"/>, to stealing a post-letter, and 119 postage stamps, the property of
<persName id="t18760228-name-31" type="victimName">
<interp inst="t18760228-name-31" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18760228-199-offence-1 t18760228-name-31"/>Her Majesty's Postmaster-General</persName></rs>
<rs id="t18760228-199-verdict-1" type="verdictDescription">
<interp inst="t18760228-199-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760228-199-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.] </rs>
<rs id="t18760228-199-punishment-3" type="punishmentDescription">
<interp inst="t18760228-199-punishment-3" type="punishmentCategory" value="noPunish"/>
<interp inst="t18760228-199-punishment-3" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-199-18760228 t18760228-199-punishment-3"/>
<hi rend="italic">Judgment respited.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18760228-200">
<interp inst="t18760228-200" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-200" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-200-charge-1" targOrder="Y" targets="def1-200-18760228 t18760228-200-offence-1 t18760228-200-verdict-1"/>
<p>200.
<persName id="def1-200-18760228" type="defendantName">
<interp inst="def1-200-18760228" type="gender" value="male"/>
<interp inst="def1-200-18760228" type="age" value="36"/>
<interp inst="def1-200-18760228" type="surname" value="BROWN"/>
<interp inst="def1-200-18760228" type="given" value="SAMUEL"/>
<hi rend="largeCaps">SAMUEL BROWN</hi> (36)</persName>
<rs id="t18760228-200-offence-1" type="offenceDescription">
<interp inst="t18760228-200-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760228-200-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, to stealing a sewing machine, and other articles of
<persName id="t18760228-name-33" type="victimName">
<interp inst="t18760228-name-33" type="gender" value="male"/>
<interp inst="t18760228-name-33" type="surname" value="VINEY"/>
<interp inst="t18760228-name-33" type="given" value="JOHN DANIEL"/>
<join result="offenceVictim" targOrder="Y" targets="t18760228-200-offence-1 t18760228-name-33"/>John Daniel Viney</persName> </rs>
<rs id="t18760228-200-verdict-1" type="verdictDescription">
<interp inst="t18760228-200-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760228-200-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]
<hi rend="italic">Recommended to mercy</hi> </rs>
<hi rend="italic">
<rs id="t18760228-200-punishment-4" type="punishmentDescription">
<interp inst="t18760228-200-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18760228-200-punishment-4" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-200-18760228 t18760228-200-punishment-4"/>Twelve Months' Imprison
<lb/>ment.</rs> </hi> And</p> </div1>
<div1 type="trialAccount" id="t18760228-201">
<interp inst="t18760228-201" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-201" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-201-charge-1" targOrder="Y" targets="def1-201-18760228 t18760228-201-offence-1 t18760228-201-verdict-1"/>
<p>201.
<persName id="def1-201-18760228" type="defendantName">
<interp inst="def1-201-18760228" type="gender" value="male"/>
<interp inst="def1-201-18760228" type="age" value="43"/>
<interp inst="def1-201-18760228" type="surname" value="DYER"/>
<interp inst="def1-201-18760228" type="given" value="WILLIAM FREDERICK"/>
<hi rend="largeCaps">WILLIAM FREDERICK DYER</hi> (43)</persName>
<rs id="t18760228-201-offence-1" type="offenceDescription">
<interp inst="t18760228-201-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18760228-201-offence-1" type="offenceSubcategory" value="coiningOffences"/>, to two indict
<lb/>ments for unlawfully uttering counterfeit coin—</rs>
<rs id="t18760228-201-punishment-5" type="punishmentDescription">
<interp inst="t18760228-201-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18760228-201-punishment-5" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-201-18760228 t18760228-201-punishment-5"/>
<hi rend="italic">Two Years' Imprisonment.</hi> </rs>
<rs id="t18760228-201-verdict-1" type="verdictDescription">
<interp inst="t18760228-201-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760228-201-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18760228-202">
<interp inst="t18760228-202" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-202" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-202-charge-1" targOrder="Y" targets="def1-202-18760228 t18760228-202-offence-1 t18760228-202-verdict-1"/>
<p>202.
<persName id="def1-202-18760228" type="defendantName">
<interp inst="def1-202-18760228" type="gender" value="male"/>
<interp inst="def1-202-18760228" type="surname" value="JONES"/>
<interp inst="def1-202-18760228" type="given" value="ALFRED"/>
<hi rend="largeCaps">ALFRED JONES</hi> Unlawfully</persName>
<rs id="t18760228-202-offence-1" type="offenceDescription">
<interp inst="t18760228-202-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18760228-202-offence-1" type="offenceSubcategory" value="coiningOffences"/> having counterfeit coin in his possession with intent to utter it.</rs> </p>
<p>
<hi rend="smallCaps">MR. CRAUFURD</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-36" type="witnessName">
<interp inst="t18760228-name-36" type="gender" value="female"/>
<interp inst="t18760228-name-36" type="surname" value="HOOPER"/>
<interp inst="t18760228-name-36" type="given" value="MARY"/>MARY HOOPER</persName> </hi>. I live at the Black Bull, Whetstone, kept by Mrs. Broadbell—on 22nd January, George Bishop (
<hi rend="italic">see next case</hi>) came in at about 4.45 and called for a glass of ale, he gave me a florin—I found it was back and gave it back to him—he left without drinking the ale.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-37" type="witnessName">
<interp inst="t18760228-name-37" type="gender" value="female"/>
<interp inst="t18760228-name-37" type="surname" value="KIFF"/>
<interp inst="t18760228-name-37" type="given" value="REBECCA"/>REBECCA KIFF</persName> </hi>. I live at the Anchor public-house, Whetstone, about 50 yards from the Black Bull—on 22nd January, about 4.30 I served William Bishop with 2
<hi rend="italic">d</hi>. worth of whiskey—he gave me a florin; I gave him 1
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>. change, and put the florin in the till where there was no other florin—he went away with the change and did not wait to drink his whiskey—Mr. Goodwin came in, took the florin from the till, put it to his teeth, nipped it with a knife, and said that it was bad—I gave it to the police.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-38" type="witnessName">
<interp inst="t18760228-name-38" type="gender" value="male"/>
<interp inst="t18760228-name-38" type="surname" value="GOODWIN"/>
<interp inst="t18760228-name-38" type="given" value="ISAAC"/>ISAAC GOODWIN</persName> </hi>. I kept the Anchor, I nipped this shilling with a knife, took my horse and trap and went after the men—I picked up the sergeant, and afterwards took up a constable, we overtook the three men about half a mile from my house; I took hold of William Bishop, he struck Sergeant Hayward, in the chest—the constables each took one prisoner.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-39" type="witnessName">
<interp inst="t18760228-name-39" type="gender" value="male"/>
<interp inst="t18760228-name-39" type="surname" value="GOODWIN"/>
<interp inst="t18760228-name-39" type="given" value="GEORGE"/>GEORGE GOODWIN</persName> </hi>. I keep the Bull and Butcher public-house, Whet-stone, about quarter of a mile from the Anchor—on 22nd February, Jones and William Bishop came in between 4 and 5 o'clock, and Bishop called for a pint of 6
<hi rend="italic">d</hi>. ale—he handed my wife a florin—she gave him the change and laid it on the top of the till, but I did not lose sight of it—they drank the ale together and left together—I ran after them, caught them and told them they had given me a bad florin—they said that they did not think they had, and asked to look at it—I showed it to them, and Bishop said that he should like to have a pocket full of them; he put it in his pocket and gave me a good one—I walked into Sergeant Hayward's and gave in
<lb/>formation; I saw him start off, and I went for a constable—I had not marked the florin.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-40" type="witnessName">
<interp inst="t18760228-name-40" type="gender" value="male"/>
<interp inst="t18760228-name-40" type="surname" value="GOODWIN"/>
<interp inst="t18760228-name-40" type="given" value="GEORGE"/>GEORGE GOODWIN</persName> </hi>. My father keeps the Anchor, and I live with him—I saw him go out after the men and followed him; I overtook him at the top of Brickler's Hill, when he had got the three men—Peek, the constable, asked me to get over the fence of a garden where they were standing—I did so and picked up four florins which I handed to Peek.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-41" type="witnessName">
<interp inst="t18760228-name-41" type="gender" value="male"/>
<interp inst="t18760228-name-41" type="surname" value="CLACK"/>
<interp inst="t18760228-name-41" type="given" value="NEAL"/>NEAL CLACK</persName> </hi>. I am a gardener, of Capel Terrace, Whetstone—on 16th February, I was at work at Willing Hall, and found six florins wrapped up in paper; I gave them to the last witness and showed the spot to Sergeant Hayward.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-42" type="witnessName">
<interp inst="t18760228-name-42" type="gender" value="male"/>
<interp inst="t18760228-name-42" type="surname" value="HONEYWOOD"/>
<interp inst="t18760228-name-42" type="given" value="GEORGE"/>GEORGE HONEYWOOD</persName> </hi> (
<hi rend="italic">Police Sergeant S</hi> 33). On 26th January, George Goodwin, pointed out two men to me and I followed them—they joined a</p>
<xptr type="pageFacsimile" doc="187602280018"/>
<p>third man, and one of the three I could not see which went into the Anchor; the other two went on—I went into the Anchor and told them something, and then went to the Bull, and found that they had tendered bad money there—I could not run any further, and Mr. Goodwin took me up into his trap, and we followed the prisoners—I jumped out and stopped William Bishop and Jones, and called to a constable to go after George Bishop—I got hold of William Bishop—he said "Who are you?"—I said "I am a police-constable"—he struck me a violent blow on my chest—Jones ran towards Whetstone, but the policeman stopped him, and he threw some coins over into the garden of Willing Hall—I was going to search George Bishop, but he said that he would not be taken by me, and struck me again—we took the three to the station—I picked up this florin at the very spot where I apprehended William Bishop—sometime afterwards, in February, I was shown the place where the six coins were picked up—it was close to where the other four were found.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-43" type="witnessName">
<interp inst="t18760228-name-43" type="gender" value="male"/>
<interp inst="t18760228-name-43" type="surname" value="PEEL"/>
<interp inst="t18760228-name-43" type="given" value="EDWARD"/>EDWARD PEEL</persName> </hi> (
<hi rend="italic">Policeman S</hi> 118). On 22nd January I was on duty be
<lb/>tween Whetstone and Barnet, and the three prisoners passed me, laughing and talking together—Sergeant Hayward and Goodwin passed me in a cart and called to me to stop Jones, who was running back towards me—I caught hold of him—he put his hand in his pocket and threw some coins into Willing Hall garden—Mr. Goodwin's son got over the fence and picked them up and I afterwards picked up two—I searched Jones and found on him 2
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. in silver and 10
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>. in bronze, six new handkerchiefs, a comb, and other articles.</p>
<p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> You tried to
<hi rend="italic">get</hi> your coat off, and when you found you could not you put your hand in your pocket and threw something over the fence.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-44" type="witnessName">
<interp inst="t18760228-name-44" type="gender" value="male"/>
<interp inst="t18760228-name-44" type="surname" value="SINCLAIR"/>
<interp inst="t18760228-name-44" type="given" value="DAVID"/>DAVID SINCLAIR</persName> </hi> (
<hi rend="italic">Policeman</hi>). I went with the sergeant and overtook the prisoners—I took George Bishop, and told him he would be charged with two men for passing counterfeit coin—he said that he had no knowledge of them, but at the station he admitted that William was bis brother.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-45" type="witnessName">
<interp inst="t18760228-name-45" type="gender" value="male"/>
<interp inst="t18760228-name-45" type="surname" value="WEBSTER"/>
<interp inst="t18760228-name-45" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. I am inspector of coin to Her Majesty's Mint—the florin uttered by William Bishop is bad—the florin dropped is bad and from the same mould—among the six dropped by Jones is one which is from the same mould as the other two—the six found by the gardener are bad, and five of them are from the same mould as the others.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> Do you think it possible that after the constable had got hold of both my hands I could shift to the hedge and
<hi rend="italic">chuck</hi> the coins away If I had anything about me I could have thrown it away before.</p>
<p>
<hi rend="smallCaps">
<rs id="t18760228-202-verdict-1" type="verdictDescription">
<interp inst="t18760228-202-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760228-202-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">He was farther charged with a previous conviction of a like offence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-46" type="witnessName">
<interp inst="t18760228-name-46" type="gender" value="male"/>
<interp inst="t18760228-name-46" type="surname" value="BOLLEN"/>
<interp inst="t18760228-name-46" type="given" value="JAMES"/>JAMES BOLLEN</persName> </hi>. I had the prisoner in my custody in Holloway Gaol for six months and produce a certificate of his conviction. (
<hi rend="italic">Read:</hi> "Central Criminal Court.
<persName id="t18760228-name-47">
<interp inst="t18760228-name-47" type="gender" value="male"/>
<interp inst="t18760228-name-47" type="surname" value="BISHOP"/>
<interp inst="t18760228-name-47" type="given" value="ALBERT"/>Albert Bishop</persName>, convicted December, 1872, of uttering a counterfeit sovereign and sentenced tosix months' imprisonment.") Jones is the man.</p>
<p>
<hi rend="smallCaps">GUILTY</hi>.</p> </div1>
<div1 type="trialAccount" id="t18760228-203">
<interp inst="t18760228-203" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-203" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-203-charge-1" targOrder="Y" targets="def1-203-18760228 t18760228-203-offence-1 t18760228-203-verdict-1"/>
<join result="criminalCharge" id="t18760228-203-charge-2" targOrder="Y" targets="def2-203-18760228 t18760228-203-offence-1 t18760228-203-verdict-1"/>
<join result="criminalCharge" id="t18760228-203-charge-3" targOrder="Y" targets="def3-203-18760228 t18760228-203-offence-1 t18760228-203-verdict-1"/>
<p>203.
<persName id="def1-203-18760228" type="defendantName">
<interp inst="def1-203-18760228" type="gender" value="male"/>
<interp inst="def1-203-18760228" type="surname" value="JONES"/>
<interp inst="def1-203-18760228" type="given" value="ALFRED"/>
<hi rend="largeCaps">ALFRED JONES</hi> </persName> was
<hi rend="italic">again</hi> indicted with
<persName id="def2-203-18760228" type="defendantName">
<interp inst="def2-203-18760228" type="gender" value="male"/>
<interp inst="def2-203-18760228" type="age" value="31"/>
<interp inst="def2-203-18760228" type="surname" value="BISHOP"/>
<interp inst="def2-203-18760228" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE BISHOP</hi> (31)</persName>,
<hi rend="italic">and</hi>
<persName id="def3-203-18760228" type="defendantName">
<interp inst="def3-203-18760228" type="gender" value="male"/>
<interp inst="def3-203-18760228" type="age" value="31"/>
<interp inst="def3-203-18760228" type="surname" value="BISHOP"/>
<interp inst="def3-203-18760228" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM BISHOP</hi> (31)</persName>
<rs id="t18760228-203-offence-1" type="offenceDescription">
<interp inst="t18760228-203-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18760228-203-offence-1" type="offenceSubcategory" value="coiningOffences"/>, for a like offence.</rs> </p>
<p>
<hi rend="smallCaps">MR. CRAUFURD</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-51" type="witnessName">
<interp inst="t18760228-name-51" type="gender" value="female"/>
<interp inst="t18760228-name-51" type="surname" value="HOOPER"/>
<interp inst="t18760228-name-51" type="given" value="MARY"/>MARY HOOPER</persName> </hi>
<hi rend="italic">repeated her former evidence.</hi> </p>
<p>
<hi rend="italic">Cross-examined by George Bishop.</hi> You did not drink the ale—I had just lit the gas—you are the man—I gave the florin back to you.</p>
<xptr type="pageFacsimile" doc="187602280019"/>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-52" type="witnessName">
<interp inst="t18760228-name-52" type="gender" value="female"/>
<interp inst="t18760228-name-52" type="surname" value="KIFF"/>
<interp inst="t18760228-name-52" type="given" value="REBECCA"/>REBECCA KIFF</persName> </hi>
<hi rend="italic">repeated her former evidence.</hi> </p>
<p>
<hi rend="italic">Cross-examined by William Bishop.</hi> You were in the house about a minute—the gas was alight—one of the pence rolled behind a pot—you said "You have not given me enough change," and I pushed the penny towards you.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-53" type="witnessName">
<interp inst="t18760228-name-53" type="gender" value="indeterminate"/>
<interp inst="t18760228-name-53" type="surname" value="GOODWIN"/>
<interp inst="t18760228-name-53" type="given" value="JSAAC"/>JSAAC GOODWIN</persName> </hi>
<hi rend="italic">repeated his former evidence.</hi> </p>
<p>
<hi rend="italic">Cross-examined by William Bishop.</hi> My niece described you and stated that you had rings on your fingers and wore a top coat—I went in pursuit 1
<hi rend="italic">d</hi>. worth of bread—he gave me 1
<hi rend="italic">s</hi>.—I put it in the till, gave him the of a man who I did not know—I did not see you throw auything away.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-54" type="witnessName">
<interp inst="t18760228-name-54" type="gender" value="male"/>
<interp inst="t18760228-name-54" type="surname" value="GOODWIN"/>
<interp inst="t18760228-name-54" type="given" value="GEORGE"/>GEORGE GOODWIN</persName> </hi>, George Goodwin-, Junior, George Hayward, Edward Peek,
<hi rend="italic">and</hi>
<hi rend="smallCaps">DAVID SINCLAIR</hi>
<hi rend="italic">repeated their former evidence.</hi> </p>
<p>
<hi rend="italic">George Bishop's Defence.</hi> No bad money was found on me—my brother and I were going to get work.</p>
<p>
<hi rend="italic">William Bishop's Defence.</hi> My brother asked me to lend him 5
<hi rend="italic">s</hi>., but I could only lend him 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. No bad money was found on me. I never went into either of the houses. We may have got abreast of a man while we were talking.</p>
<p>
<hi rend="smallCaps">
<rs id="t18760228-203-verdict-1" type="verdictDescription">
<interp inst="t18760228-203-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760228-203-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<p>
<hi rend="largeCaps">JONES</hi>
<rs id="t18760228-203-punishment-6" type="punishmentDescription">
<interp inst="t18760228-203-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18760228-203-punishment-6" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-203-18760228 t18760228-203-punishment-6"/>
<hi rend="italic">Five Years' Penal Servitude on the first indictment.</hi> </rs>
<hi rend="largeCaps">GEORGE</hi>
<hi rend="italic">and</hi>
<hi rend="largeCaps">WILLIAM BISHOP</hi>
<hi rend="italic">
<rs id="t18760228-203-punishment-7" type="punishmentDescription">
<interp inst="t18760228-203-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18760228-203-punishment-7" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-203-18760228 t18760228-203-punishment-7"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-203-18760228 t18760228-203-punishment-7"/>Two Months' Imprisonment each</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18760228-204">
<interp inst="t18760228-204" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-204" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-204-charge-1" targOrder="Y" targets="def1-204-18760228 t18760228-204-offence-1 t18760228-204-verdict-2"/>
<join result="criminalCharge" id="t18760228-204-charge-2" targOrder="Y" targets="def2-204-18760228 t18760228-204-offence-1 t18760228-204-verdict-1"/>
<p>204.
<persName id="def1-204-18760228" type="defendantName">
<interp inst="def1-204-18760228" type="gender" value="male"/>
<interp inst="def1-204-18760228" type="age" value="21"/>
<interp inst="def1-204-18760228" type="surname" value="MAYOR"/>
<interp inst="def1-204-18760228" type="given" value="LEWIS"/>
<hi rend="largeCaps">LEWIS MAYOR</hi> (21)</persName>
<hi rend="italic">and</hi>
<persName id="def2-204-18760228" type="defendantName">
<interp inst="def2-204-18760228" type="gender" value="male"/>
<interp inst="def2-204-18760228" type="age" value="20"/>
<interp inst="def2-204-18760228" type="surname" value="HICKEY"/>
<interp inst="def2-204-18760228" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN HICKEY</hi> (20)</persName>, were indicted for
<rs id="t18760228-204-offence-1" type="offenceDescription">
<interp inst="t18760228-204-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18760228-204-offence-1" type="offenceSubcategory" value="coiningOffences"/> a like offence.</rs> </p>
<p>
<hi rend="smallCaps">MR. CRAUFURD</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-57" type="witnessName">
<interp inst="t18760228-name-57" type="gender" value="male"/>
<interp inst="t18760228-name-57" type="surname" value="MARSHALL"/>
<interp inst="t18760228-name-57" type="given" value="HENRY"/>HENRY MARSHALL</persName> </hi> (
<hi rend="italic">Detective. Officer E</hi>). On the night of 26th January I was with Brown in Tottenham Court Road about 8 o'clock, and saw the prisoners—we followed them into the Hampstead Road, they separated and I lost sight of them for a short time—I saw them come back and go with another man to the Southampton Arms—we went in—I laid hold of Mayor and Brown took Hickey—they were both asked-what they had in their pos
<lb/>session—they said "Nothing"—Hickey appeared to take something out of his pocket—I seized Mayor's hands and held them till assistance came—he struggled very much—we also took the third man, and he was afterwards discharged—I searched Mayor and found in his right trowsers pocket this bad florin, and in his left waistcoat pocket this bad shilling (
<hi rend="italic">produced)—he</hi> said that he did not know the florin was bad and that he could not account for the possession of the shilling—I saw Brown search Hickey and take eight florins from his pocket.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-58" type="witnessName">
<interp inst="t18760228-name-58" type="gender" value="male"/>
<interp inst="t18760228-name-58" type="surname" value="BROWN"/>
<interp inst="t18760228-name-58" type="given" value="ALFRED"/>ALFRED BROWN</persName> </hi> (
<hi rend="italic">Policeman</hi>). I was with Marshall—I took Hickey in the Southampton Arms—he struggled very much to get away and said that he had nothing—I found in his right coat pocket at the station eight bad florins and id. in bronze—he said that' some one must have put the florins into his pocket—they had tissue paper between them.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-59" type="witnessName">
<interp inst="t18760228-name-59" type="gender" value="male"/>
<interp inst="t18760228-name-59" type="surname" value="WEBSTER"/>
<interp inst="t18760228-name-59" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This shilling and florin are bad—these eight florin found on Hickey are bad and all from the same mould as that found on Mayor.</p>
<p>
<hi rend="italic">Mayor's Defence.</hi> I met three lads, one of them had a lot of money, I asked him for a trifle and he gave me a florin.</p>
<p>
<hi rend="smallCaps">
<rs id="t18760228-204-verdict-1" type="verdictDescription">
<interp inst="t18760228-204-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760228-204-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<p>
<hi rend="italic">They were both charged with previous convictions of felony Mayor in August</hi>, 1875,
<hi rend="italic">and Hickey in August</hi>, 1872,
<hi rend="italic">to which they both</hi> </p>
<p>
<hi rend="smallCaps">PLEADED GUILTY</hi>.</p>
<p>
<hi rend="largeCaps">MAYOR</hi>
<rs id="t18760228-204-punishment-8" type="punishmentDescription">
<interp inst="t18760228-204-punishment-8" type="punishmentCategory" value="noPunish"/>
<interp inst="t18760228-204-punishment-8" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-204-18760228 t18760228-204-punishment-8"/>
<hi rend="italic">Judgment respited.</hi> </rs>
<hi rend="largeCaps">HICKEY</hi>
<hi rend="italic">
<rs id="t18760228-204-punishment-9" type="punishmentDescription">
<interp inst="t18760228-204-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18760228-204-punishment-9" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-204-18760228 t18760228-204-punishment-9"/>Two Years' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18760228-205">
<interp inst="t18760228-205" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-205" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-205-charge-1" targOrder="Y" targets="def1-205-18760228 t18760228-205-offence-1 t18760228-205-verdict-1"/>
<xptr type="pageFacsimile" doc="187602280020"/>
<p>205.
<persName id="def1-205-18760228" type="defendantName">
<interp inst="def1-205-18760228" type="gender" value="male"/>
<interp inst="def1-205-18760228" type="age" value="35"/>
<interp inst="def1-205-18760228" type="surname" value="CLEVELY"/>
<interp inst="def1-205-18760228" type="given" value="EDWARD"/>
<hi rend="largeCaps">EDWARD CLEVELY</hi> (35)</persName>, was indicted
<rs id="t18760228-205-offence-1" type="offenceDescription">
<interp inst="t18760228-205-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18760228-205-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<p>
<hi rend="smallCaps">MR. CRAUFURD</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-61" type="witnessName">
<interp inst="t18760228-name-61" type="gender" value="male"/>
<interp inst="t18760228-name-61" type="surname" value="MARSHALL"/>
<interp inst="t18760228-name-61" type="given" value="HENRY"/>HENRY MARSHALL</persName> </hi> (
<hi rend="italic">Detective Officer E</hi>). On the night of 24th January I saw the prisoner in Broad Street, Bloomsbury, with two other men—I fol
<lb/>lowed them to Thorn by Street. Oxford Street, and saw them go under a lamp where the prisoner took something from his pocket and handed it to one of the others—it appeared to be tissue paper containing counterfeit coin—they all three went into the Old Crown in Oxford Street and I went into another compartment—they called for drink and the other man put down good money—I went into their compartment and asked the prisoner what he had about him, he said "I have nothing"—I said I believe you have some counterfeit money—he put his hand in his pocket and appeared to be in the act of dropping something, I siezed his hand and kept it clenched till with assistance I got him to the station and then found this bad shilling in his hand and 4
<hi rend="italic">s</hi>. 5 1/2
<hi rend="italic">d</hi>. in good money on him—I told him he would be charged with passing counterfeit coin, he said "I met some men on the Dials and they gave me that money"—he afterwards said "I met a men in Oxford Street, you have taken the wrong one; if you had caught the one who got away, he is the guilty party"—I searched him and found another shilling in the pocket from which he had taken the coin and also three shillings in tissue paper—one man got away and one was not charged—I had seen the pri
<lb/>soner that afternoon at the Grapes public-house Seven Dials with the man who has not been charged.</p>
<p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> I know you as a working man—I found six pawn tickets on you; one was for a watch for 1
<hi rend="italic">l</hi>., and another for a coat for 4
<hi rend="italic">s</hi>.—I gave three of them up to your wife—you told me that you brought the ticket of the watch out to sell; and you told the Magistrate that the man gave you the counterfeit money.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-62" type="witnessName">
<interp inst="t18760228-name-62" type="gender" value="male"/>
<interp inst="t18760228-name-62" type="surname" value="HAINDS"/>
<interp inst="t18760228-name-62" type="given" value="SAMUEL"/>SAMUEL HAINDS</persName> </hi> (
<hi rend="italic">Policeman E</hi> 443). On 26th January, about 10 o'clock, I was in the Old Crown public-house in plain clothes, and saw the prisoner come in with some others—one of them called for a pint of ale—I saw Marshall come in and take the prisoner in custody—he called out to me to assist—I took one of the others, and the third man escaped—I saw a bad shilling found in the prisoner's hand at the station, and two bad shillings from his right, and one from his left waistcoat pocket—the other man was discharged at the station.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-63" type="witnessName">
<interp inst="t18760228-name-63" type="gender" value="male"/>
<interp inst="t18760228-name-63" type="surname" value="WEBSTER"/>
<interp inst="t18760228-name-63" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These four shillings are all counterfeit.
<hi rend="italic">The Prisoner's Statement before the Magistrate was that he received the money from the man who had escaped for the sale of some pawn tickets; he also pro
<lb/>duced a written defence to the same effect.</hi> </p>
<p>
<hi rend="smallCaps">
<rs id="t18760228-205-verdict-1" type="verdictDescription">
<interp inst="t18760228-205-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18760228-205-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18760228-206">
<interp inst="t18760228-206" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-206" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-206-charge-1" targOrder="Y" targets="def1-206-18760228 t18760228-206-offence-1 t18760228-206-verdict-1"/>
<p>206.
<persName id="def1-206-18760228" type="defendantName">
<interp inst="def1-206-18760228" type="gender" value="male"/>
<interp inst="def1-206-18760228" type="age" value="20"/>
<interp inst="def1-206-18760228" type="surname" value="TAYLOR"/>
<interp inst="def1-206-18760228" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES TAYLOR</hi> (20)</persName>
<rs id="t18760228-206-offence-1" type="offenceDescription">
<interp inst="t18760228-206-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18760228-206-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering a medal resembling a half sovereign.</rs> </p>
<p>
<hi rend="smallCaps">MR. CRAUFURD</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. J. P. GRAIN</hi>
<hi rend="italic">the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-65" type="witnessName">
<interp inst="t18760228-name-65" type="gender" value="female"/>
<interp inst="t18760228-name-65" type="surname" value="BROAD"/>
<interp inst="t18760228-name-65" type="given" value="EMMA"/>EMMA BROAD</persName> </hi>. I am a counter clerk at the N. TV. District post-office, Eversholt Street, Camden Town—on 12th February, about 3.20, the prisoner came and asked for 10
<hi rend="italic">s</hi>. worth of postage stamps for a grocer over the way—there is a grocer opposite, Mr. Austin—I said "Give me the money"—he gave me this coin, which I returned to him, and told him it was not a half sovereign—he said "Oh, then I must take it back to him; what is it worth?"—I said "I think about 1
<hi rend="italic">d</hi>."—the chief clerk then came in, and she asked him where he came from—he said "From the grocer's over the way at</p>
<xptr type="pageFacsimile" doc="187602280021"/>
<p>the corner"—(there is another grocer at the corner, Mr. Haws)—she said "Do you mean Mr. Haws?"—he said "Yes"—she said "Are you employed there?"—he said "Yes"—she said "How long?"—he said "Some time," but afterwards he said he only came that morning—Mr. Potts then came in and spoke to the prisoner, who told him that he came from Mr. Haws—he sent a message for Mr. Haws, and then sent for a constable.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-66" type="witnessName">
<interp inst="t18760228-name-66" type="gender" value="male"/>
<interp inst="t18760228-name-66" type="surname" value="POTTS"/>
<interp inst="t18760228-name-66" type="given" value="WILLIAM FREDERICK"/>WILLIAM FREDERICK POTTS</persName> </hi>. I am postmaster at the N. W. District office—on 12th February, I was called in, and this coin was shown to me in the prisoner's presence—I asked him where he came from—he said that Mr. Haws, the grocor opposite the Cobden statue, had sent him—I said "You will not object to wait while I send a message to ascertain whether your account is correct or not?"—I called a messenger, and the prisoner rushed to the door, and tried to get away—I had asked him whether he was a ser
<lb/>vant to Mr. Haws—he said "Yes; errand boy"—the messenger returned, and stated that Mr. Haws knew nothing about him—he began to cry before the messenger returned, and said that what he had stated with reference to Mr. Haws was false—I gave him in charge with the coin.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-67" type="witnessName">
<interp inst="t18760228-name-67" type="gender" value="male"/>
<interp inst="t18760228-name-67" type="surname" value="HAWES"/>
<interp inst="t18760228-name-67" type="given" value="THOMAS WILLIAM"/>THOMAS WILLIAM HAWES</persName> </hi>. I am a grocer of 13, High Street, Camden Town, on the opposite side to the post office, and exactly opposite the Coben statue—the prisoner was never in my employment—I never saw him in my life.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I have known his father and mother by sight for years, and always found them respectable people—his father is a bricklayer.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-68" type="witnessName">
<interp inst="t18760228-name-68" type="gender" value="male"/>
<interp inst="t18760228-name-68" type="surname" value="TYRRELL"/>
<interp inst="t18760228-name-68" type="given" value="WILLIAM"/>WILLIAM TYRRELL</persName> </hi> (
<hi rend="italic">Policeman S</hi> 14). The prisoner was given into my custody with this coin (
<hi rend="italic">produced</hi>)—he said that he found it in Clarendon Street, Somers Town—that is close by Eversholt Street.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-69" type="witnessName">
<interp inst="t18760228-name-69" type="gender" value="male"/>
<interp inst="t18760228-name-69" type="surname" value="WEBSTER"/>
<interp inst="t18760228-name-69" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This medal is a whist-marker, made at Birmingham—they are sold in the streets—it is knerled like a half sovereign, and it has the Queen's head on it.</p>
<p>
<hi rend="italic">Witnesses for the Defence.</hi> </p>
<p>
<hi rend="smallCaps">MR. RICHARDSON</hi>. I am one of the firm of Richardson, Coalman, & Ingar, of Raikes Court—the prisoner was our apprentice for three years and a half—he has been particularly honest, and tolerably regular—he scarcely knows his letters; and, as far as figures are concerned, I put him to the test, and he does not know 21 from 12—I have asked his father on three occasions to cancel his indentures.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I am an electrotyper and stereotyper—I gave him the simplest work to do, but he did not do it with intelligence; he spoilt some
<lb/>thing like ten plates in one day—that was twelve months ago—he continues at the same work, and other little jobs, cutting up mounted blocks—he has improved since he spoiled the ten plates a day, and I continue to employ him at the same kind of work and at sundry other jobs—I think he is so unintelligent that he would not distinguish a piece of brass from half a sovereign.</p>
<p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. His wages are about 12
<hi rend="italic">s</hi>. or 13
<hi rend="italic">s</hi>. a week I should say, but I cannot tell you as I have so many—no premium was paid with him; he was paid 6
<hi rend="italic">s</hi>. a week at first, then 8
<hi rend="italic">s</hi>., and now 12
<hi rend="italic">s</hi>. or 13
<hi rend="italic">s</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-70" type="witnessName">
<interp inst="t18760228-name-70" type="gender" value="male"/>
<interp inst="t18760228-name-70" type="surname" value="TAYLOR"/>
<interp inst="t18760228-name-70" type="given" value="JAMES"/>JAMES TAYLOR</persName> </hi>. I am the prisoner's father—he comes home very regu
<lb/>larly—he cannot read or write; he is a very dull lad in all points—he never goes about with bad companions.
<hi rend="italic">Gross-examined.</hi> I always found him truthful.</p>
<p>
<hi rend="smallCaps">
<rs id="t18760228-206-verdict-1" type="verdictDescription">
<interp inst="t18760228-206-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760228-206-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18760228-206-punishment-10" type="punishmentDescription">
<interp inst="t18760228-206-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18760228-206-punishment-10" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-206-18760228 t18760228-206-punishment-10"/>Four Months' Imprisonment.</rs> </hi> </p> </div1>
<xptr type="pageFacsimile" doc="187602280022"/>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, February</hi> 29th, 1876.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18760228-207">
<interp inst="t18760228-207" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-207" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-207-charge-1" targOrder="Y" targets="def1-207-18760228 t18760228-207-offence-1 t18760228-207-verdict-2"/>
<join result="criminalCharge" id="t18760228-207-charge-2" targOrder="Y" targets="def2-207-18760228 t18760228-207-offence-1 t18760228-207-verdict-1"/>
<p>207.
<persName id="def1-207-18760228" type="defendantName">
<interp inst="def1-207-18760228" type="gender" value="male"/>
<interp inst="def1-207-18760228" type="age" value="50"/>
<interp inst="def1-207-18760228" type="surname" value="COLVILLE"/>
<interp inst="def1-207-18760228" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN COLVILLE</hi> (50)</persName>
<hi rend="italic">and</hi>
<persName id="def2-207-18760228" type="defendantName">
<interp inst="def2-207-18760228" type="gender" value="male"/>
<interp inst="def2-207-18760228" type="age" value="39"/>
<interp inst="def2-207-18760228" type="surname" value="MILLER"/>
<interp inst="def2-207-18760228" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN MILLER</hi> (39)</persName>
<rs id="t18760228-207-offence-1" type="offenceDescription">
<interp inst="t18760228-207-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760228-207-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing three pieces of floorcloth, the goods of the
<persName id="t18760228-name-73" type="victimName">
<interp inst="t18760228-name-73" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18760228-207-offence-1 t18760228-name-73"/>Boulinnikon Floorcloth Company, Limited.</persName> </rs> </p>
<p>
<hi rend="smallCaps">MESSRS. BESLEY</hi>
<hi rend="italic">and</hi> Cooper-Wyld
<hi rend="italic">conducted the Prosecution;</hi>
<hi rend="smallCaps">MR. MATHEWS</hi>,
<hi rend="largeCaps">JUN</hi>.,
<hi rend="italic">appeared for Colville, and</hi>
<hi rend="smallCaps">MR. J. P. GRAIN</hi>
<hi rend="italic">for Miller.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-74" type="witnessName">
<interp inst="t18760228-name-74" type="gender" value="male"/>
<interp inst="t18760228-name-74" type="surname" value="GRIFFITHS"/>
<interp inst="t18760228-name-74" type="given" value="THOMAS"/>THOMAS GRIFFITHS</persName> </hi>. I am secretary to the Boulinnikon Floor cloth Com
<lb/>pany—it carries on its chief business in Manchester—there is an office in London, at 76, Queen Street, Cheapside—those premises were opened in June last—it is a registered company (
<hi rend="italic">certificate put in, dated 21st Sep
<lb/>tember</hi>, 1869)—the business at Manchester has been carried on for some years—Mr. Colville came into our employ in June last at a salary of 200
<hi rend="italic">l</hi>. per annum, payable monthly—the engagement was ratified by resolution; I was present at the time—the resolution is not here—he received a per
<lb/>centage on sales—goods were sent from Manchester as required for stock in London—Colville's duties were to call on all houses in the City of London and South and West of England, to receive orders, and to send particulars, after entering them in his own book, to Manchester—if he received money he was to remit it the same day to Manchester by post—when petty cash was required his duty was to write to Manchester for a cheque—it was pro
<lb/>bably about a month after Colville came into our service that I first heard of Miller—when Colville was about to take his first journey I asked him if it was safe to leave the warehouse in charge of a porter, or should I find him assistance—he said it was not necessary, that he had a friend named Miller, who was a barrister's clerk, and it being vacation time he would look in occasionally to see that matters were all right—Spreadbury, a porter, was in our employ—neither Miller nor Colville had any right to pledge any of the goods in the London warehouse—neither of them informed me of the nine pieces of floorcloth which had been removed from the London office—I have seen them since, I identified eight rolls at Messrs. Russell& Co.'s, pawnbrokers, Fore Street, Cripplegate—the day book is in Court and the delivery book also—I have looked through both and find no entries whatever to Mr. James nor to Mr. Dewsbury of 2
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—there are other entries all about the same time; there is no entry of the 2
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>.; there was no sale account whatever of these transactions sent down to Manchester (a
<hi rend="italic">letter dated 18th August, written to Colville, was handed to the witness</hi>)—I sent this to Colville.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. MATHEWS</hi>. Colville was our sole representative in London, and with the exception of Spreadbury, the porter, he was the only person employed at the London premises—the resolution embodied the full terms of Colville's engagement—it did not contain the fact that he was to transmit payments to Manchester, on the day of their receipt—I gave him those instructions verbally, acting for the company—they were no part of the resolution that I am aware of—the resolution is contained in the minute-book of the company, that is in Manchester—we have two manufactories in Manchester, but none anywhere else—the books of the company are kept there—Colville used his own discretion as to how long he would be away—we had an agent before appointing him; Mr. Mountford, in Newgate Street—the company would not have allowed Colville to absent himself for the</p>
<xptr type="pageFacsimile" doc="187602280023"/>
<p>or three weeks; it is not a reasonable period—his commission was paid at stock taking time—no specific time was mentioned—the company were only indebted to him the amount of his commission when he was arrested—I cannot tell that amount without the books—these books (
<hi rend="italic">produced</hi>) are all upon which I have made investigation—it would have been perfectly legitimate for him to have entered any sales made in the country, in a rough diary—it would have been the ordinary course of business, and a transfer of the entries into the day-book, when he was in London—petty cash would be sent to him by open cheques—his salary was paid by cheque—I have the book relating to the prisoner's receipts—the Manchester "ledger," but I cannot get from it the amount of commission due to him—Miller never corresponded with me as manager—I may have written in reply to any query—Colville had instructions for the furtherence of the business—he was never told that he might be allowed commission of 12 1/2 per cent in addition to other sums—I did not know until I had made the investigation that that amount had been deducted—he could allow a discount upon sums so long as it was reasonable—the accounts passing between Manchester and London were daily, and Miller forwarded them in Colville's absence—the daily accounts are here—I was never informed of the nine pieces of cloth pledged at Russell's—I had a letter from Mr. Colville. (
<hi rend="italic">This contained the passage,"It appears pieces of oilcloth have been pawned at Russell's, in Fore Street, these I will get out"</hi>) As a matter of fact it was not from Colville, I had the first intimation—we found the goods some days before—that letter is dated the 21st December, and the prisoner was arrested, I believe, on the 28th or 29th December—the petty cash was remitted immediately when asked for—we had to get the signatures of two directors, but did not wait for the weekly meeting—there may have been a delay of a day—I cannot say two days—the cheque was upon a Manchester banker—upon petty cash accounts there was something owing to the defendant when taken into custody, but only for accruing expenses—I cannot say to what extent; I have not taken possession of all documents and books that were at Queen Street—Colville removed some of them without our knowledge—I took all the books that were at Queen Street, at the time the prisoner was given into custody.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GRAIN</hi>. The company was established in 1869—it has been successful—we lost 10,000
<hi rend="italic">l</hi>. by a fire—that is not the reason we appointed Mr. Colville; I did not say when appointing him that the com
<lb/>pany had been trading at a loss—we were not insured—we were certainly anxious to push the London trade—we had a very good recommendation with Colville—I believe he has been in New York; we were agreeable to his having Miller there as his friend—during Colville's absence I am not aware that Miller made large sales—we had an order, the amount of which was 240
<hi rend="italic">l</hi>., but I do not know that Miller obtained it—I cannot say whether it was subsequent to Miller's taking up his position; it was in July (
<hi rend="italic">referring to book</hi>)—I cannot say from memory when the arrangement was with Miller—it may have been in July—the order from Rope & Davids, Covent Garden, amounting to 300
<hi rend="italic">l</hi>., was in August last—I know Mr. Edmunds, of Bayswater, unfortunately, I am not aware of the amount of 160
<hi rend="italic">l</hi>. in respect of his order—Tunstall & Co., St. Paul's Church Yard, we had an order from and various others, but I cannot say whether that was sub
<lb/>sequent to Miller's going to Queen Street—I did go to the Isle of Man, and when there I received a communication from Miller, but no money orders</p>
<xptr type="pageFacsimile" doc="187602280024"/>
<p>sent by him, cither directly or indirectly from Manchester—(
<hi rend="italic">looking at a letter</hi>) I beg your parden in that instance, I did; it was addressed to me personally—I cannot recollect whether during my stay at the Isle of Man I received from Miller, all communications through the Manchester house—I may have received some orders from Miller—there is no doubt we received some sale notes—not a great many—Miller had something to do with Mr. Edmunds and myself—a security was offered by Mr. Edmunds and Mr. Colville supplied him with goods—the security was never given—these transactions are entered in the books at Manchester—there is a considerable discount; from five to twenty per cent allowed to the trade—Mr. Edmunds owes us a little over 90
<hi rend="italic">l</hi>.—the other larger amounts have been paid—I recollect an interview between Edmunds and Miller, with reference to a mortgage—I saw it, but did not look over it—I gave instructions for it to be sent to Manchester, to submit to the company's solicitors—Miller, Colville, and I dined together afterwards—I do not know that at that time Miller was pushing the business, and getting large quantities of orders—they came through Mr. Colville, as far as I understood up to the present moment—Miller may have sent me the regular accounts during Colville's absence—there is one in his own handwriting.</p>
<p>
<hi rend="italic">Re-examined.</hi> There is only one in September—this letter to Miller (
<hi rend="italic">pro
<lb/>duced</hi>) I wrote. (
<hi rend="italic">It was read and contained the passage I am not aware in what capacity you are acting in Mr. Colville's business, please enlighten me."</hi> I read this letter (
<hi rend="italic">produced</hi>) from Miller. (
<hi rend="italic">It was read and contained the passage "Mr. Colville instructed me to attend in his absence"</hi>) He never made any demand to me for special remuneration for himself—that letter says exactly what he says, that he is there for Mr. Colville—he never made any demand upon the Company—I come to London about once a month—it is very probable I was up in September, October, and November—Colville never told me that the goods were sent to the pawnshop until that letter was sent, and I had discovered it from other sources—Colville was away the longest from the 6th to the 17th September, ten days—he was away once again I think later on—I have brought here every single sale note that was sent down whether by Miller or Colville—I was present last Sessions when the defendants asked for a postponement of the trial—I never had notice to produce a single paper or book on behalf of the defendants—Colville should have given three or four days notice for a cheque for the outgoings of the London office—he was never refused one—there was only a short delay in getting a cheque signed—he could have had one for 500
<hi rend="italic">l</hi>. if required.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-75" type="witnessName">
<interp inst="t18760228-name-75" type="gender" value="male"/>
<interp inst="t18760228-name-75" type="surname" value="SPREADBURY"/>
<interp inst="t18760228-name-75" type="given" value="JAMES"/>JAMES SPREADBURY</persName> </hi>. I live at Grange Road, Bermondsey—I was a porter employed by this Company—I left their service on the 6th November—I was engaged by Mr. Grffiths at a salary of 22
<hi rend="italic">s</hi>. weekly—I usually got paid at 1 o'clock on Saturday, sometimes by Colville and sometimes by Miller—I waited for my wages on the 21st August, until 4.30—both prisoners were there—Miller went downstairs—Colville gave me some directions, and having given me this piece of paper (
<hi rend="italic">produced</hi>) with numbers on it, which he took off his desk, I went down stairs and got out the floorcloth—I think three pieces—I brought them up stairs into the warehouse—Mr. Colville said they were for Mr. West who would be up with a cab to take them to Kennington or Newington—Miller was gone out 1 think when that was said—he came in and a cab drove up at the same time—I was told by Mr. Miller to put the things on the cab—no one was inside the cab—Miller went up Watling Street—the cab went in the direction of Russel's the pawn</p>
<xptr type="pageFacsimile" doc="187602280025"/>
<p>brokers—Miller was absent about three quarters of an hour—he paid me my wages and I left—on the following Saturday, the 28th, both prisoners were in the warehouse—Miller told me to fetch up some pieces of floor cloth he had put out, which I did—he said they were for a man named Starkey—Miller and Colville were both there—I was sent out, and was absent about half an hour—when I came back, Mr. Colville only was in the warehouse, and the floorcloth was gone—soon after Mr. Miller came, and paid me my wages, and I left—I have since seen some of the floorcloth produced from Mr. Russell's the pawnbrokers; eight or nine pieces.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GRAIN</hi>. Miller did not always pay me my wages—I do not think Colville was away any Saturday while I was there.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-76" type="witnessName">
<interp inst="t18760228-name-76" type="gender" value="male"/>
<interp inst="t18760228-name-76" type="surname" value="COTTON"/>
<interp inst="t18760228-name-76" type="given" value="ALFRED"/>ALFRED COTTON</persName> </hi>. I am manager to Mr. Russell, pawnbroker, in Fore Street, City—I have known the two prisoners for some time by pawning things at our place—Miller came on the 21st August with three rolls of doorcloth, and wanted the sum of 3
<hi rend="italic">l</hi>. upon them—he represented they were his property, and he was residing in Queen Street, and his name was Miller—I knew his previous address was Crown Court, Cheapside, and he said he had taken these premises in Queen Street—on the 28th he came again, and he brought six other rolls of cloth, and added them to the previous ones, making it one transaction for 10
<hi rend="italic">l</hi>.—a new ticket was made out, and I gave him the balance after deducting the interest—on the 21st September he redeemed one piece by paying me 30
<hi rend="italic">s</hi>., leaving the remainder of the transac
<lb/>tion for 8
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—these were the pieces shown to Mr. Griffith and Mr. Spreadbury.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GRAIN</hi>. On the 28th August he redeemed the previous pledge, and put in a fresh one:</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-77" type="witnessName">
<interp inst="t18760228-name-77" type="gender" value="male"/>
<interp inst="t18760228-name-77" type="surname" value="STARKEY"/>
<interp inst="t18760228-name-77" type="given" value="JAMES"/>JAMES STARKEY</persName> </hi>. I am a builder of 140, Old Street, St. Lukes—I have had transactions with the Boulinnikon Floorcloth Company; but on the 28th August I did not
<hi rend="italic">give</hi> any order for six pieces of cloth.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-78" type="witnessName">
<interp inst="t18760228-name-78" type="gender" value="male"/>
<interp inst="t18760228-name-78" type="surname" value="JAMES"/>
<interp inst="t18760228-name-78" type="given" value="CHARLES"/>CHARLES JAMES</persName> </hi>. I am a repairer of billiard tables, and a billiard-marker, at 32, Marshall Street, London Road—I have known Miller three or four months—I met him on the 10th November, at Mr. Dewsbury's, at the Equestrian Tavern, Blackfriars Road—I had previously given an order for putting down some Boulinnikon floorcloth at Mr. Dewsbury's—Mr. Miller supplied the invoice (
<hi rend="italic">produced</hi>)—it is in his hand-writing—I received the 2
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. from Mr. Dewsbury, and I went to the Boulinnikon office, 76, Queen Street, and saw Mr. Colville—I told him I had come to pay some money for goods I had ordered, and 1 wanted to pay Mr. Miller—he said you can pay me, and I will give you an acknowledgment for it, and you can come in a day or two when Mr. Miller will give you a proper receipt—I paid the 2
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., less per centage, for myself for getting the order from Mr. Dewsbury—I went again two or three days afterwards, and saw both Miller and Colville—I told Miller I had come for a proper receipt, and he said "Oh, that's your little game"—I replied "I don't know about my little game," and Miller said "If you are not out of this house I'll kick you out"—Colville stood there and never said a word—I did not know what Miller was, in connection with this company; but he represented himself to be the head of the firm.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-79" type="witnessName">
<interp inst="t18760228-name-79" type="gender" value="male"/>
<interp inst="t18760228-name-79" type="surname" value="HARDING"/>
<interp inst="t18760228-name-79" type="given" value="WILLIAM"/>WILLIAM HARDING</persName> </hi> (
<hi rend="italic">City Detective</hi>). Lawley, another officer, and I went to the Red Lion public-house on the 28th December and saw the prisoners there—I told Colville I was a police officer and he would be charged with stealing nine pieces of floorcloth, the property of the Boulinnikon Company</p>
<xptr type="pageFacsimile" doc="187602280026"/>
<p>76, Queen Street, in August last—Colville said "Yes, yes"—Lawley was with Miller and told him the charge—on the way to the station Colville said 'I am the manager at 76, Queen Street, and during my absence Miller has, disposed of some property there is a bother about"—I took him to the Bow Lane station and in answer to the charge Colville said that the company owed him more money than the stuff was worth.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-80" type="witnessName">
<interp inst="t18760228-name-80" type="gender" value="male"/>
<interp inst="t18760228-name-80" type="surname" value="LAWLEY"/>
<interp inst="t18760228-name-80" type="given" value="FREDERICK"/>FREDERICK LAWLEY</persName> </hi> (
<hi rend="italic">City Detective</hi>). I took Miller into custody—I told him it was for stealing nine pieces of floorcloth in August last, the property of the Boulinnikon Floorcloth Company—he made no reply—he gave me his address as 79, Stamford Street, Blackfriars.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-81" type="witnessName">
<interp inst="t18760228-name-81" type="gender" value="male"/>
<interp inst="t18760228-name-81" type="surname" value="FAWLEY"/>
<interp inst="t18760228-name-81" type="given" value="JOHN"/>JOHN FAWLEY</persName> </hi>. I live at 79, Stamford Street, and have for five years—in December last Miller was not living there—I had known him before about three years—three years ago he lodged at my place for five months.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. GRAIN</hi>. Up to this time he has had his letters addressed there.</p>
<p>
<hi rend="smallCaps">
<rs id="t18760228-207-verdict-1" type="verdictDescription">
<interp inst="t18760228-207-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760228-207-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<p>
<rs id="t18760228-207-verdict-2" type="verdictDescription">
<interp inst="t18760228-207-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18760228-207-verdict-2" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="italic">Colville received a good character, and was recommended to mercy on that account.</hi> </rs> </p>
<p>
<hi rend="italic">There was another indictment against the prisoners, for which see Third Court, Wednesday, page</hi> 396.</p> </div1>
<div1 type="trialAccount" id="t18760228-208">
<interp inst="t18760228-208" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-208" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-208-charge-1" targOrder="Y" targets="def1-208-18760228 t18760228-208-offence-1 t18760228-208-verdict-1"/>
<p>208.
<persName id="def1-208-18760228" type="defendantName">
<interp inst="def1-208-18760228" type="gender" value="female"/>
<interp inst="def1-208-18760228" type="age" value="17"/>
<interp inst="def1-208-18760228" type="surname" value="FISHER"/>
<interp inst="def1-208-18760228" type="given" value="ELLEN"/>
<hi rend="largeCaps">ELLEN FISHER</hi> (17)</persName>
<rs id="t18760228-208-offence-1" type="offenceDescription">
<interp inst="t18760228-208-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18760228-208-offence-1" type="offenceSubcategory" value="forgery"/>,
<hi rend="smallCaps">
<rs id="t18760228-208-verdict-1" type="verdictDescription">
<interp inst="t18760228-208-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760228-208-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to feloniously forging and uttering an order for the payment of 10
<hi rend="italic">l</hi>. with intent to defraud. </rs>
<hi rend="italic">The pri
<lb/>soners master gave her a good character, and stated that her father had under-taken to obtain a situation for her—
<rs id="t18760228-208-punishment-11" type="punishmentDescription">
<interp inst="t18760228-208-punishment-11" type="punishmentCategory" value="noPunish"/>
<interp inst="t18760228-208-punishment-11" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-208-18760228 t18760228-208-punishment-11"/>Judgment respited</rs>. And</hi> </p> </div1>
<div1 type="trialAccount" id="t18760228-209">
<interp inst="t18760228-209" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-209" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-209-charge-1" targOrder="Y" targets="def1-209-18760228 t18760228-209-offence-1 t18760228-209-verdict-1"/>
<p>209.
<persName id="def1-209-18760228" type="defendantName">
<interp inst="def1-209-18760228" type="gender" value="male"/>
<interp inst="def1-209-18760228" type="age" value="38"/>
<interp inst="def1-209-18760228" type="surname" value="LIDDELL"/>
<interp inst="def1-209-18760228" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN LIDDELL</hi> (38)</persName>
<rs id="t18760228-209-offence-1" type="offenceDescription">
<interp inst="t18760228-209-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760228-209-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, to stealing watches of
<persName id="t18760228-name-84" type="victimName">
<interp inst="t18760228-name-84" type="gender" value="female"/>
<interp inst="t18760228-name-84" type="surname" value="ALLASTON"/>
<interp inst="t18760228-name-84" type="given" value="MARGARET"/>
<join result="offenceVictim" targOrder="Y" targets="t18760228-209-offence-1 t18760228-name-84"/>Margaret Allaston</persName>, having been before convicted of felony.—</rs>
<rs id="t18760228-209-punishment-12" type="punishmentDescription">
<interp inst="t18760228-209-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18760228-209-punishment-12" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-209-18760228 t18760228-209-punishment-12"/>
<hi rend="italic">Fifteen Months' Imprisonment.</hi> </rs>
<rs id="t18760228-209-verdict-1" type="verdictDescription">
<interp inst="t18760228-209-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760228-209-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<p>
<hi rend="largeCaps">FOURTH COURT</hi>.—
<hi rend="italic">Tuesday, February</hi> 29
<hi rend="italic">th</hi>, 1876.</p>
<p>
<hi rend="italic">Before Robert Malcolm Kerr, Esquire.</hi> </p>
<div1 type="trialAccount" id="t18760228-210">
<interp inst="t18760228-210" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-210" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-210-charge-1" targOrder="Y" targets="def1-210-18760228 t18760228-210-offence-1 t18760228-210-verdict-1"/>
<p>210.
<persName id="def1-210-18760228" type="defendantName">
<interp inst="def1-210-18760228" type="gender" value="male"/>
<interp inst="def1-210-18760228" type="age" value="36"/>
<interp inst="def1-210-18760228" type="surname" value="THOMPSON"/>
<interp inst="def1-210-18760228" type="given" value="SAMUEL THOMAS"/>
<hi rend="largeCaps">SAMUEL THOMAS THOMPSON</hi> (36)</persName>
<rs id="t18760228-210-offence-1" type="offenceDescription">
<interp inst="t18760228-210-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760228-210-offence-1" type="offenceSubcategory" value="embezzlement"/>,
<hi rend="smallCaps">
<rs id="t18760228-210-verdict-1" type="verdictDescription">
<interp inst="t18760228-210-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760228-210-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to two indictments for embezzling 115
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>. and other sums of
<persName id="t18760228-name-86" type="victimName">
<interp inst="t18760228-name-86" type="gender" value="male"/>
<interp inst="t18760228-name-86" type="surname" value="SHADBOLT"/>
<interp inst="t18760228-name-86" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18760228-210-offence-1 t18760228-name-86"/>George Shad
<lb/>bolt</persName> and another—</rs>
<hi rend="italic">
<rs id="t18760228-210-punishment-13" type="punishmentDescription">
<interp inst="t18760228-210-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18760228-210-punishment-13" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-210-18760228 t18760228-210-punishment-13"/>Eighteen Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18760228-211">
<interp inst="t18760228-211" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-211" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-211-charge-1" targOrder="Y" targets="def1-211-18760228 t18760228-211-offence-1 t18760228-211-verdict-1"/>
<p>211.
<persName id="def1-211-18760228" type="defendantName">
<interp inst="def1-211-18760228" type="gender" value="male"/>
<interp inst="def1-211-18760228" type="age" value="26"/>
<interp inst="def1-211-18760228" type="surname" value="SCRACE"/>
<interp inst="def1-211-18760228" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM SCRACE</hi> (26)</persName>
<rs id="t18760228-211-offence-1" type="offenceDescription">
<interp inst="t18760228-211-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18760228-211-offence-1" type="offenceSubcategory" value="forgery"/>, to two indictments for feloniously uttering two forged acceptances to two bills of exchange knowing them to be forged—</rs>
<rs id="t18760228-211-verdict-1" type="verdictDescription">
<interp inst="t18760228-211-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760228-211-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.] </rs>
<rs id="t18760228-211-punishment-14" type="punishmentDescription">
<interp inst="t18760228-211-punishment-14" type="punishmentCategory" value="noPunish"/>
<interp inst="t18760228-211-punishment-14" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-211-18760228 t18760228-211-punishment-14"/>
<hi rend="italic">Judgment respited.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18760228-212">
<interp inst="t18760228-212" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-212" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-212-charge-1" targOrder="Y" targets="def1-212-18760228 t18760228-212-offence-1 t18760228-212-verdict-1"/>
<p>212.
<persName id="def1-212-18760228" type="defendantName">
<interp inst="def1-212-18760228" type="gender" value="male"/>
<interp inst="def1-212-18760228" type="age" value="20"/>
<interp inst="def1-212-18760228" type="surname" value="CHAPPELL"/>
<interp inst="def1-212-18760228" type="given" value="MOSES"/>
<hi rend="largeCaps">MOSES CHAPPELL</hi> (20)</persName>
<rs id="t18760228-212-offence-1" type="offenceDescription">
<interp inst="t18760228-212-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760228-212-offence-1" type="offenceSubcategory" value="burglary"/>, to burglariously breaking and entering the dwelling-house of
<persName id="t18760228-name-89" type="victimName">
<interp inst="t18760228-name-89" type="gender" value="female"/>
<interp inst="t18760228-name-89" type="surname" value="FAIRBANKS"/>
<interp inst="t18760228-name-89" type="given" value="MARY"/>
<join result="offenceVictim" targOrder="Y" targets="t18760228-212-offence-1 t18760228-name-89"/>Mary Fairbanks</persName> with intent to steal, having been before convicted of a like offence**—</rs>
<rs id="t18760228-212-punishment-15" type="punishmentDescription">
<interp inst="t18760228-212-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18760228-212-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-212-18760228 t18760228-212-punishment-15"/>
<hi rend="italic">Eighteen Months' Imprisonment.</hi> </rs>
<rs id="t18760228-212-verdict-1" type="verdictDescription">
<interp inst="t18760228-212-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760228-212-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18760228-213">
<interp inst="t18760228-213" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-213" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-213-charge-1" targOrder="Y" targets="def1-213-18760228 t18760228-213-offence-1 t18760228-213-verdict-1"/>
<p>213.
<persName id="def1-213-18760228" type="defendantName">
<interp inst="def1-213-18760228" type="gender" value="male"/>
<interp inst="def1-213-18760228" type="age" value="20"/>
<interp inst="def1-213-18760228" type="surname" value="MARSHALL"/>
<interp inst="def1-213-18760228" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS MARSHALL</hi> (20)</persName>
<rs id="t18760228-213-offence-1" type="offenceDescription">
<interp inst="t18760228-213-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18760228-213-offence-1" type="offenceSubcategory" value="forgery"/>, to feloniously forging and uttering a request for the payment of 20
<hi rend="italic">l</hi>. with intent to defraud. </rs>
<rs id="t18760228-213-verdict-1" type="verdictDescription">
<interp inst="t18760228-213-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760228-213-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]
<hi rend="italic">Recommended to mercy by the Prosecutor</hi> </rs>
<rs id="t18760228-213-punishment-16" type="punishmentDescription">
<interp inst="t18760228-213-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18760228-213-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-213-18760228 t18760228-213-punishment-16"/>
<hi rend="italic">Twelve Months' Imprisonment.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18760228-214">
<interp inst="t18760228-214" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-214" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-214-charge-1" targOrder="Y" targets="def1-214-18760228 t18760228-214-offence-1 t18760228-214-verdict-1"/>
<p>214.
<persName id="def1-214-18760228" type="defendantName">
<interp inst="def1-214-18760228" type="gender" value="male"/>
<interp inst="def1-214-18760228" type="age" value="27"/>
<interp inst="def1-214-18760228" type="surname" value="HAYES"/>
<interp inst="def1-214-18760228" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN HAYES</hi> (27)</persName>
<rs id="t18760228-214-offence-1" type="offenceDescription">
<interp inst="t18760228-214-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18760228-214-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<p>
<hi rend="smallCaps">MR. CRAUFURD</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-92" type="witnessName">
<interp inst="t18760228-name-92" type="gender" value="female"/>
<interp inst="t18760228-name-92" type="surname" value="LEVER"/>
<interp inst="t18760228-name-92" type="given" value="ELIZABETH"/>ELIZABETH LEVER</persName> </hi>. I keep an eel shop at 63, Hoxton Street—on 16th February, about 9.30 p.m., I served the prisoner with 2
<hi rend="italic">d</hi>. worth of eels—I put it in the till, where there was no other silver, and gave him the change—he ate the eels, asked for 2
<hi rend="italic">d</hi>. worth more, and gave me another shilling—I broke it and asked him whether he made the first one he gave me in the same place that he made the second—he wanted me to give him the large piece back, but I gave him the small piece, and he said that he would take it to where he got change for a half-sovereign—I then looked at the first one and that was bad too—he would not take the small pieces. he left them</p>
<xptr type="pageFacsimile" doc="187602280027"/>
<p>on the counter and ran away, but I saw him later in the evening, at a chandler's shop opposite—I gave the pieces to the constable.</p>
<p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> You did not give me three penny pieces fur the eels, that was earlier in the evening, about 7.30, and two women were with you.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-93" type="witnessName">
<interp inst="t18760228-name-93" type="gender" value="female"/>
<interp inst="t18760228-name-93" type="surname" value="PALMER"/>
<interp inst="t18760228-name-93" type="given" value="MARY ANN"/>MARY ANN PALMER</persName> </hi>. I keep a chandler's shop at 38, Hoxton Street, almost opposite Mrs. Lever—on 16th February I served the prisoner with 1
<hi rend="italic">d</hi>. worth of bread—he gave me 1
<hi rend="italic">s</hi>.—I put it in the till, gave him the-change, and be left with the bread—there was only a florin and some coppers in the till—I afterwards heard something, looked in the till, and found that the shilling was bad, no other money had been taken—I marked it and gave it to the constable.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-94" type="witnessName">
<interp inst="t18760228-name-94" type="gender" value="male"/>
<interp inst="t18760228-name-94" type="surname" value="WEIGHT"/>
<interp inst="t18760228-name-94" type="given" value="GEORGE"/>GEORGE WEIGHT</persName> </hi>. I am a tobacconist, of 265, Old Street, about five minutes' walk from Hoxton Street—on 16th February, about 10 o'clock, the prisoner came in—he pretended to be intoxicated, asked for some tobacco, pulled out a lot of money, and gave me a bad 1
<hi rend="italic">s</hi>.—I broke it, gave it back to him, and asked him where he got it—he said that he had been spending about 3
<hi rend="italic">l</hi>. at the Britannia and got it in change—he gave me a piece and a piece to another party and left a piece on the counter—he paid me with a good half-crown—I sent a little girl for a constable, and directly she went out he cut away very sharp—I marked the pieces and gave them to the constable.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-95" type="witnessName">
<interp inst="t18760228-name-95" type="gender" value="male"/>
<interp inst="t18760228-name-95" type="surname" value="COLLINS"/>
<interp inst="t18760228-name-95" type="given" value="CHARLES"/>CHARLES COLLINS</persName> </hi>. I keep a fish shop near Hoxton Street—on 16 Feb
<lb/>ruary about 11 o'clock or 11.30 p.m, the prisoner came in and took two three-penny haddocks—he gave me a shilling, I gave him the change and he came back and brought two more and gave me another shilling—I said this is a bad one he took it out of my hand gave me a good sixpence and out he went—I found a bad shilling among the silver but I cannot swear that it was the same—I handed it to Golding who was in my shop.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-96" type="witnessName">
<interp inst="t18760228-name-96" type="gender" value="male"/>
<interp inst="t18760228-name-96" type="surname" value="GOLDING"/>
<interp inst="t18760228-name-96" type="given" value="THOMAS"/>THOMAS GOLDING</persName> </hi>. I am a watch maker of 35, Pearless Street—I was in Collins shop on 16 February and saw what took place—I followed the prisoner about 500 yards, accused him of passing counterfeit coin and gave him in charge Collins handed me a bad shilling I gave to the constable.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-97" type="witnessName">
<interp inst="t18760228-name-97" type="gender" value="female"/>
<interp inst="t18760228-name-97" type="surname" value="TAYLOR"/>
<interp inst="t18760228-name-97" type="given" value="HARRIET"/>HARRIET TAYLOR</persName> </hi>. I keep a. beer house at Charles Square. Hoxton—on 16th February from 10 o'clock to 10.30, the prisoner came in for some bread and cheese and gave me a florin I passed it to my brother who gave me four sixpences and put it in his pocket—the prisoner then called for two cigars and gave me another florin, I gave it to my brother and the pot-man came round and said "You have taken a bad 2
<hi rend="italic">s</hi>. piece" he took the second coin from my brother's hand, and found it was bad, and passed it to the constable.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-98" type="witnessName">
<interp inst="t18760228-name-98" type="gender" value="male"/>
<interp inst="t18760228-name-98" type="surname" value="BRADY"/>
<interp inst="t18760228-name-98" type="given" value="BENJAIMAN"/>BENJAIMAN BRADY</persName> </hi>. I am the brother of the last witness—I was in the parlor on 16th February when she brought me a florin to change; I gave her four sixpences and put the florin in my pocket, I had other silver there—my sister afterwards brought me another florin which was bad—the pot
<lb/>nian took it and went after the man—I then examined the money I had in my pocket and found a bad florin, I gave it to the potman.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-99" type="witnessName">
<interp inst="t18760228-name-99" type="gender" value="male"/>
<interp inst="t18760228-name-99" type="surname" value="DICKENSON"/>
<interp inst="t18760228-name-99" type="given" value="WILLIAM"/>WILLIAM DICKENSON</persName> </hi>. I am potman to Mrs. Taylor—I came in while the prisoner was there and saw him put down a florin for the cigars—I afterwards took it out of Mr. Brady's hands and went after the prisoner—I saw him but while I was talking to a policman he disappeared—I went back to the house and Mr. Brady gave me another florin—I marked both florins and handed them to the constable.</p>
<xptr type="pageFacsimile" doc="187602280028"/>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-100" type="witnessName">
<interp inst="t18760228-name-100" type="gender" value="male"/>
<interp inst="t18760228-name-100" type="surname" value="NURSEY"/>
<interp inst="t18760228-name-100" type="given" value="RICHARD"/>RICHARD NURSEY</persName> </hi> (
<hi rend="italic">Detective Officer N</hi>). I received these two florins from Dickenson, and when I went back to the station I found the prisoner in the deck—I believe he was sober—I gave the florins to Ennis.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-101" type="witnessName">
<interp inst="t18760228-name-101" type="gender" value="male"/>
<interp inst="t18760228-name-101" type="surname" value="ENNIS"/>
<interp inst="t18760228-name-101" type="given" value="JOHN"/>JOHN ENNIS</persName> </hi> (
<hi rend="italic">Policeman N</hi> 26). On Wednesday night Golding gave the prisoner into my charge—I told him the charge was passing two bad shil
<lb/>lings—he said "I have no bad money, I have plenty of good money"—I found on him 3
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>., some cigars, and some tobacco, with "G. Wright, 265, Old Broad Street," on it—I received a bad shilling from Wright, two from Lever, and one from Golding, and these two (
<hi rend="italic">produced</hi>) from Nursey.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-102" type="witnessName">
<interp inst="t18760228-name-102" type="gender" value="male"/>
<interp inst="t18760228-name-102" type="surname" value="WEBSTER"/>
<interp inst="t18760228-name-102" type="given" value="WILLIAM JOHN"/>WILLIAM JOHN WEBSTER</persName> </hi>. These coins are all bad.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I don't know how I came by them; I changed two half-sovereigns playing at skittles.</p>
<p>
<hi rend="smallCaps">
<rs id="t18760228-214-verdict-1" type="verdictDescription">
<interp inst="t18760228-214-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760228-214-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<p>
<hi rend="italic">He was further charged with a previous conviction of felony in July</hi>, 1869
<hi rend="italic">to which he</hi> </p>
<p>
<hi rend="smallCaps">LEADED GUILTY</hi>**—
<hi rend="italic">
<rs id="t18760228-214-punishment-17" type="punishmentDescription">
<interp inst="t18760228-214-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18760228-214-punishment-17" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-214-18760228 t18760228-214-punishment-17"/>Two Years' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18760228-215">
<interp inst="t18760228-215" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-215" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-215-charge-1" targOrder="Y" targets="def1-215-18760228 t18760228-215-offence-1 t18760228-215-verdict-1"/>
<p>215.
<persName id="def1-215-18760228" type="defendantName">
<interp inst="def1-215-18760228" type="gender" value="male"/>
<interp inst="def1-215-18760228" type="age" value="18"/>
<interp inst="def1-215-18760228" type="surname" value="MUMFORD"/>
<interp inst="def1-215-18760228" type="given" value="SAMUEL"/>
<hi rend="largeCaps">SAMUEL MUMFORD</hi> (18)</persName>
<rs id="t18760228-215-offence-1" type="offenceDescription">
<interp inst="t18760228-215-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18760228-215-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery with violence on
<persName id="t18760228-name-104" type="victimName">
<interp inst="t18760228-name-104" type="gender" value="male"/>
<interp inst="t18760228-name-104" type="surname" value="THOMPSON"/>
<interp inst="t18760228-name-104" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18760228-215-offence-1 t18760228-name-104"/>George Thompson</persName>, and stealing from his person a watch and a chain seal and key, his property.</rs> </p>
<p>
<hi rend="smallCaps">MR. REED</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. CHARLES MATHEWS</hi>
<hi rend="italic">the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-105" type="witnessName">
<interp inst="t18760228-name-105" type="gender" value="male"/>
<interp inst="t18760228-name-105" type="surname" value="THOMPSON"/>
<interp inst="t18760228-name-105" type="given" value="GEORGE"/>GEORGE THOMPSON</persName> </hi>. I am a teacher of music, at 367, Cambridge Road—on the 17th February, about 6 p.m., I was in Old Ford Road—I had a watch attached to my button-hole, so that anyone could see it—I heard footsteps behind me, and turned round, but saw nothing of consequence, but I was suddenly pinioned behind—I turned round and saw the prisoner and another man on my right, and another on my left—one of them snatched my watch and chain, and the prisoner immediately dragged me down—as soon as I got up I cried out "Stop thief! I have lost my watch"—a detec tive followed the prisoner, and I never lost sight of him till he was captured in Sugarloaf Alley—I am positive he is the man—my watch and chain were worth five guineas.</p>
<p>
<hi rend="italic">Cross-examined.</hi> It was just about dusk—the prisoner was captured seven hundred or eight hundred yards from the spot; he had to turn two corners, and I lost sight of him while he was turning them, but when I turned I saw the detective with the prisoner in front of him.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-106" type="witnessName">
<interp inst="t18760228-name-106" type="gender" value="male"/>
<interp inst="t18760228-name-106" type="surname" value="BANKS"/>
<interp inst="t18760228-name-106" type="given" value="CHARLES"/>CHARLES BANKS</persName> </hi> (
<hi rend="italic">Policeman K</hi>). On the 17th February I saw Thomp
<lb/>son going along followed by two men, one of whom was the prisoner, who took hold of his arms, pinioned him, and knocked him down; they both ran away, and the prisoner ran towards me—I pursued him thirty or forty yards, and round the museum through Sugarloaf Court, where he was stopped at the end by a constable in uniform—I got up to him, took him in custody, and told him he would be charged with stealing a watch—he said "I haven't got the watch"—I searched him at the station, but only found this sack (
<hi rend="italic">produced</hi>).</p>
<p>
<hi rend="italic">Cross-examined.</hi> He had run a quarter of a mile at the outside—he only turned one corner, unless you call the Museum railing a corner.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-107" type="witnessName">
<interp inst="t18760228-name-107" type="gender" value="male"/>
<interp inst="t18760228-name-107" type="surname" value="WATCHAM"/>
<interp inst="t18760228-name-107" type="given" value="ABSOLOM"/>ABSOLOM WATCHAM</persName> </hi> (
<hi rend="italic">Policeman K R</hi> 31). I heard a cry of "Stop thief!" about 6 p.m.—I ran into Sugarloaf Passage and met the prisoner running very fast, closely followed by Banks—I stopped him and told him that somebody wanted him—he said "Not me, I have not got the watch"—the prosecutor came up very much distressed and gave the prisoner in charge.</p>
<xptr type="pageFacsimile" doc="187602280029"/>
<p>
<hi rend="italic">Cross-examined.</hi> It is 100 yards, as near as I can say, from where the robbery occurred to the place of capture, or it may be 120.</p>
<p>
<hi rend="largeCaps">
<rs id="t18760228-215-verdict-1" type="verdictDescription">
<interp inst="t18760228-215-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760228-215-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">He was further charged with a previous conviction at Ilford in May</hi>, 1873,
<hi rend="italic">to which he</hi> </p>
<p>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">
<rs id="t18760228-215-punishment-18" type="punishmentDescription">
<interp inst="t18760228-215-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18760228-215-punishment-18" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-215-18760228 t18760228-215-punishment-18"/>Eighteen Months' Imprisonment</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18760228-216">
<interp inst="t18760228-216" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-216" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-216-charge-1" targOrder="Y" targets="def1-216-18760228 t18760228-216-offence-1 t18760228-216-verdict-1"/>
<p>216.
<persName id="def1-216-18760228" type="defendantName">
<interp inst="def1-216-18760228" type="gender" value="male"/>
<interp inst="def1-216-18760228" type="age" value="22"/>
<interp inst="def1-216-18760228" type="surname" value="FINLEY"/>
<interp inst="def1-216-18760228" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN FINLEY</hi> (22)</persName>
<rs id="t18760228-216-offence-1" type="offenceDescription">
<interp inst="t18760228-216-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18760228-216-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously cutting and wounding
<persName id="t18760228-name-109" type="victimName">
<interp inst="t18760228-name-109" type="gender" value="female"/>
<interp inst="t18760228-name-109" type="surname" value="WILSON"/>
<interp inst="t18760228-name-109" type="given" value="ELIZA"/>
<join result="offenceVictim" targOrder="Y" targets="t18760228-216-offence-1 t18760228-name-109"/>Eliza Wilson</persName> with intent to do her some grievous bodily harm.</rs> </p>
<p>
<hi rend="smallCaps">MR. AVORY</hi>
<hi rend="italic">conducted the Prosecution</hi>,</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-110" type="witnessName">
<interp inst="t18760228-name-110" type="gender" value="female"/>
<interp inst="t18760228-name-110" type="surname" value="BROWN"/>
<interp inst="t18760228-name-110" type="given" value="ANN"/>ANN BROWN</persName> </hi>. I live at 32, Brunswick Street, St. George's—Eliza Wilson lives in the same house—on a Thursday in January, a little after 1 a.m., I was standing at my door talking to Eliza Wilson, and the prisoner came up and asked for Sarah—she said "She is not in"—he called her a d—d lying scoundrel, and I saw him strike her; she fell, and called out that she was stabbed—she was carried upstairs bleeding from the left side—I saw nothing in his hand.</p>
<p>
<hi rend="italic">Prisoner.</hi> I wish to know how I was struck here (
<hi rend="italic">showing a wound on his head</hi>)—I went and inquired where Sarah, who I was living with, was, and she pushed me away—I was cutting up tobacco with a knife and she cut herself—I paid on Wednesday night for a week's stoppage in the house, for living with the girl for a week</p>
<p>
<hi rend="italic">Witness.</hi> He had been living there with the girl, but I do not know whether he had paid 5
<hi rend="italic">l</hi>.—I do not know whether he was struck on his head—I mean to say that he came up with a knife and struck the young woman deliberately in the side.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-111" type="witnessName">
<interp inst="t18760228-name-111" type="gender" value="female"/>
<interp inst="t18760228-name-111" type="surname" value="WILSON"/>
<interp inst="t18760228-name-111" type="given" value="ELIZA"/>ELIZA WILSON</persName> </hi>. I live in same house as the last witness—I was standing at the door talking with her, and the prisoner came and asked for Sarah Bentley—I said "She is not at home"—he called me a d—d lying cow, and struck me in my side with a knife, and I fell.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I do not know how you got that cut on your head—I did not run against your knife—I was standing at the door—I have never had any quarrel with you—the girl was not at home—I did not see you with any knife or any tobacco.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-112" type="witnessName">
<interp inst="t18760228-name-112" type="gender" value="male"/>
<interp inst="t18760228-name-112" type="surname" value="MILWOOD"/>
<interp inst="t18760228-name-112" type="given" value="ISAAC"/>ISAAC MILWOOD</persName> </hi> (
<hi rend="italic">Policeman H</hi> 243). On the 28th January I heard cries of "Murder!" and "Stop thief!" and saw the prisoner running—I ran after him about 400 yards and stopped him—he threw down this knife (
<hi rend="italic">produced</hi>)—I took him to 32, Brunswick Street, where I saw the prosecutrix bleeding from her left side—I told the prisoner I should take him custody for stab
<lb/>bing a girl—he said "Yes, I did so; I suppose I shall be strung up for
<hi rend="italic">twelve</hi> months"—he had a fresh cut on his head, but how he got it I no not know.</p>
<p>
<hi rend="italic">The Prisoner.</hi> That is false.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-113" type="witnessName">
<interp inst="t18760228-name-113" type="gender" value="male"/>
<interp inst="t18760228-name-113" type="surname" value="HOWELL"/>
<interp inst="t18760228-name-113" type="given" value="THOMAS"/>THOMAS HOWELL</persName> </hi>. I am house-surgeon at the London Hospital—I ex
<lb/>amined the prosecutrix there; she had a clean cut wound beneath her left breast—it did not turn out to be dangerous.
<hi rend="italic">The Prisoner.</hi> I did not stab her.</p>
<p>
<hi rend="italic">By</hi> the Jury. It would make no difference in the wound whether she ran against the knife, or the knife was run against her.</p>
<p>
<hi rend="italic">Prisoner's Defence.</hi> I left my ship and got into the company of a young woman who lived in the same house as the prosecutrix; I had been drink
<lb/>ing very heavily, and was going to the house as usual when the prosecutrix stopped me in the passage and asked me where I was going. I said upstairs to see my young woman; she pushed me out. I tried again and she pushed me out again; I became very excited; she closed with me, and we had a</p>
<xptr type="pageFacsimile" doc="187602280030"/>
<p>scuffle together. I had a knife in my right hand, and a cake of tobacco. in my left which I was cutting up for smoking and without any intention of stabbing; she got wounded in the scuffle. A man came out and struck me with a heavy laden stick and knocked me down in senside. As soon as I recovered I ran away, and the prosecutrix called "Stop thief!"
<hi rend="smallCaps">
<rs id="t18760228-216-verdict-1" type="verdictDescription">
<interp inst="t18760228-216-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18760228-216-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18760228-217">
<interp inst="t18760228-217" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-217" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-217-charge-1" targOrder="Y" targets="def1-217-18760228 t18760228-217-offence-1 t18760228-217-verdict-1"/>
<p>217.
<persName id="def1-217-18760228" type="defendantName">
<interp inst="def1-217-18760228" type="gender" value="male"/>
<interp inst="def1-217-18760228" type="age" value="21"/>
<interp inst="def1-217-18760228" type="surname" value="PINCHIN"/>
<interp inst="def1-217-18760228" type="given" value="EDWARD"/>
<hi rend="largeCaps">EDWARD PINCHIN</hi> (21)</persName>
<rs id="t18760228-217-offence-1" type="offenceDescription">
<interp inst="t18760228-217-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18760228-217-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery on
<persName id="t18760228-name-115" type="victimName">
<interp inst="t18760228-name-115" type="gender" value="male"/>
<interp inst="t18760228-name-115" type="surname" value="EDMONDS"/>
<interp inst="t18760228-name-115" type="given" value="ALFRED"/>
<join result="offenceVictim" targOrder="Y" targets="t18760228-217-offence-1 t18760228-name-115"/>Alfred Edmonds</persName>,. and stealing a watch, his property.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-116" type="witnessName">
<interp inst="t18760228-name-116" type="gender" value="male"/>
<interp inst="t18760228-name-116" type="surname" value="AVORY"/>
<interp inst="t18760228-name-116" type="given" value="HORACE"/>MR. HORACE AVORY</persName> </hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. KEITH</hi>
<hi rend="italic">the Defence</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-117" type="witnessName">
<interp inst="t18760228-name-117" type="gender" value="male"/>
<interp inst="t18760228-name-117" type="surname" value="EDMONDS"/>
<interp inst="t18760228-name-117" type="given" value="ALFRED"/>ALFRED EDMONDS</persName> </hi>. I live in Castle Street, Long Acre—on Saturday,. about the middle of February, I was coming out of a public-house by myself, and the prisoner came up and took my watch from my pocket-) asked him for it, he said that he had not got it and never had it; I
<hi rend="italic">collared</hi> him; he hit me on the eye and knocked my teeth out, but I never let go of him—I called out and saw his hand go to one of his mates, but I could not see the watch in it; a policeman came up and I gave him in charge—the as was alight.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I went into the public-house, about 11.50, and came out again in ten minutes—four others were with the prisoner—I had only been in one other public-house, and had 2
<hi rend="italic">d</hi>. worth of whiskey with a friend.</p>
<p>
<hi rend="italic">Re-examined.</hi> I was not drunk—I am sure it was the prisoner—my chain hung outside.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-118" type="witnessName">
<interp inst="t18760228-name-118" type="gender" value="male"/>
<interp inst="t18760228-name-118" type="surname" value="LEWIS"/>
<interp inst="t18760228-name-118" type="given" value="ALFRED"/>ALFRED LEWIS</persName> </hi> (
<hi rend="italic">Policeman</hi>). Edwards gave the prisoner into my custody—they were both lying on the pavement—they fell at the public-house door—I saw them fall—the prisoner made no answer to the charge—the prosecutor had been drinking, but he knew what he was doing.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I did not see the watch handed from one to another, but there were a lot of thieves and prostitutes on the pavement.</p>
<p>
<hi rend="smallCaps">
<rs id="t18760228-217-verdict-1" type="verdictDescription">
<interp inst="t18760228-217-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760228-217-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18760228-217-punishment-19" type="punishmentDescription">
<interp inst="t18760228-217-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18760228-217-punishment-19" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-217-18760228 t18760228-217-punishment-19"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, January</hi> 1
<hi rend="italic">st</hi>, 1876.</p>
<p>
<hi rend="italic">Before Mr. Baron Cleasby.</hi> </p>
<div1 type="trialAccount" id="t18760228-218">
<interp inst="t18760228-218" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-218" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-218-charge-1" targOrder="Y" targets="def1-218-18760228 t18760228-218-offence-1 t18760228-218-verdict-1"/>
<p>218.
<persName id="def1-218-18760228" type="defendantName">
<interp inst="def1-218-18760228" type="gender" value="male"/>
<interp inst="def1-218-18760228" type="surname" value="BEAL"/>
<interp inst="def1-218-18760228" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES BEAL</hi> </persName>
<rs id="t18760228-218-offence-1" type="offenceDescription">
<interp inst="t18760228-218-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18760228-218-offence-1" type="offenceSubcategory" value="manslaughter"/> was charged on the Coroner's Inquisition
<hi rend="italic">only</hi> (the Grand Jury having ignored the bill), with the manslaughter of
<persName id="t18760228-name-120" type="victimName">
<interp inst="t18760228-name-120" type="gender" value="female"/>
<interp inst="t18760228-name-120" type="surname" value="SERJEANT"/>
<interp inst="t18760228-name-120" type="given" value="ELIZABETH"/>
<join result="offenceVictim" targOrder="Y" targets="t18760228-218-offence-1 t18760228-name-120"/>Elizabeth Serjeant</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MR. STRAIGHT</hi>,
<hi rend="italic">on behalf of the defendant, before plea, applied to</hi>
<hi rend="smallCaps">THE COURT</hi>
<hi rend="italic">to quash the inquisition on the ground that it did not contain the true finding of the Coroner's Jury. What they had found was that the parties guilty of the alleged manslaughter were the "owner or owners" of certain property by whose negligence the deceased was said to have met her death. The Coroner, from subsequent inquiries, had inserted the name of the defendant in the inquisition as the supposed owner of the said property, and upon that state of facts he contended that the inquisition was bad in the substance of the charge and ought to be quashed.</hi> Mr. Baron Cleasby
<hi rend="italic">was of opinion that he could not dispose of the matter in the preliminary mode suggested. The inquisition on the face of it was regular, and there was nothing to show that it was not properly and intentionally signed by the Coroner and the Jury whose names were appended to it.</hi> </p>
<p>
<hi rend="italic">The defendant</hi>
<hi rend="smallCaps">PLEADED NOT GUILTY</hi>.</p>
<p>
<rs id="t18760228-218-verdict-1" type="verdictDescription">
<interp inst="t18760228-218-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18760228-218-verdict-1" type="verdictSubcategory" value="noEvidence"/>
<hi rend="smallCaps">MR. COOPER</hi>,
<hi rend="italic">for the Prosecution, then offered no evidence, and the defendant was acquitted.</hi> </rs> </p>
<p>(
<hi rend="italic">For other cases tried this day see Surrey Cases.</hi>)</p> </div1>
<xptr type="pageFacsimile" doc="187602280031"/>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday, March</hi> 1
<hi rend="italic">st</hi>, 1876.</p>
<p>
<hi rend="italic">Before Mr. Justice Groves.</hi> </p>
<div1 type="trialAccount" id="t18760228-219">
<interp inst="t18760228-219" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-219" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-219-charge-1" targOrder="Y" targets="def1-219-18760228 t18760228-219-offence-1 t18760228-219-verdict-1"/>
<join result="criminalCharge" id="t18760228-219-charge-2" targOrder="Y" targets="def2-219-18760228 t18760228-219-offence-1 t18760228-219-verdict-1"/>
<p>219.
<persName id="def1-219-18760228" type="defendantName">
<interp inst="def1-219-18760228" type="gender" value="male"/>
<interp inst="def1-219-18760228" type="age" value="18"/>
<interp inst="def1-219-18760228" type="surname" value="BROWN"/>
<interp inst="def1-219-18760228" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE BROWN</hi> (18)</persName>
<hi rend="italic">and</hi>
<persName id="def2-219-18760228" type="defendantName">
<interp inst="def2-219-18760228" type="gender" value="male"/>
<interp inst="def2-219-18760228" type="age" value="23"/>
<interp inst="def2-219-18760228" type="surname" value="SMITH"/>
<interp inst="def2-219-18760228" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN SMITH</hi> (23)</persName>
<rs id="t18760228-219-offence-1" type="offenceDescription">
<interp inst="t18760228-219-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18760228-219-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery on
<persName id="t18760228-name-123" type="victimName">
<interp inst="t18760228-name-123" type="gender" value="male"/>
<interp inst="t18760228-name-123" type="surname" value="PITKIN"/>
<interp inst="t18760228-name-123" type="given" value="DAVID"/>
<join result="offenceVictim" targOrder="Y" targets="t18760228-219-offence-1 t18760228-name-123"/>David Pitkin</persName>, and stealing from his person 2
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>., his monies.</rs> </p>
<p>
<hi rend="smallCaps">MR. ST. AUBYN</hi>
<hi rend="italic">conducted the Prosecution; and</hi> </p>
<p>
<hi rend="smallCaps">MR. IILLET</hi>
<hi rend="italic">defended Smith.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-124" type="witnessName">
<interp inst="t18760228-name-124" type="gender" value="male"/>
<interp inst="t18760228-name-124" type="surname" value="PITKIN"/>
<interp inst="t18760228-name-124" type="given" value="DAVID"/>DAVID PITKIN</persName> </hi>. I am a seaman, stopping at the Sailors' Home, Wells Street—on 26th February, about 1.40a.m., I was in the Commercial Road, and the prisoner Brown put his hand in my pocket; I pushed him away—I am a German—Smith then came and took me by the throat, and knocked me down on the stones—I missed 2
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. from my pocket.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. LILLEY</hi>. I was sober—I have kept sober all the time I have been a sailor—I bad been for a walk—I had no ship at that time—you can go into the Sailors' Home at any time of night you like; the door-keeper is there—I had been with my two shipmates to one public-house, but only one; that was at 10 o'clock—I had left the Home about o'clock, after dinner—I had been walking from 4 till 10 o'clock—I had never seen either of the prisoners before—I have a mark here where I was knocked down—I saw my money in the public-house—I treated my shipmates—I treated myself to a drop at the same time.</p>
<p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. I left the Home about 4 o'clock, that was the day before—I walked about till 1.40 the next morning—I was going from one ship to another, trying to get a ship—the Docks close in London sometimes at 10 and sometimes at 11 o'clock—I do not know at what time the East India Docks close—you can sleep whenever you like at the Sailors' Home—if you go to bed at 4 o'clock, you. sleep on as long as" you like.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-125" type="witnessName">
<interp inst="t18760228-name-125" type="gender" value="male"/>
<interp inst="t18760228-name-125" type="surname" value="WHITING"/>
<interp inst="t18760228-name-125" type="given" value="JOSEPH"/>JOSEPH WHITING</persName> </hi> (
<hi rend="italic">Policeman H</hi> 254). On 26th February, I was on duty in the Commercial Road, and heard a cry of "Murder" and "Police"—I ran and saw the two prisoners running away—I followed them, and stopped Smith first, and then Brown—Smith broke away from me, and I detained Brown—I asked him what he was running for, he said "Nothing"—I took him to the bottom of the court where we met the prosecutor, who said "That man has robbed me."</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. LILLET</hi>. The cry seemed to proceed from 200 yards from where I was standing—that is the main thoroughfare—all the shop lights were out; but a publics-house there burns lights all night long—I caught Smith by the collar as he tried to run past me in the court—they ran out of High Street into the court—we had a struggle and he broke away—that was the only opportunity I had of seeing him—I had never seen him before.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-126" type="witnessName">
<interp inst="t18760228-name-126" type="gender" value="male"/>
<interp inst="t18760228-name-126" type="surname" value="WITHEY"/>
<interp inst="t18760228-name-126" type="given" value="GEORGE"/>GEORGE WITHEY</persName> </hi> (
<hi rend="italic">Policeman H</hi> 213). I was on duty in Commercial Street at 1.40, and saw Smith running—I stopped him and asked him what he' was running for—he said "Nothing"—I got him on the ground and a cab-man came galloping up the street and said, in the prisoner's presence, that a sailor had been knocked down in Whitechapel Road; that another police-man had taken a man to the station, and Smith was his mate—Smith made no answer to that—I took him to the station; the prosecutor was there, and said that is the man who knocked me down.</p>
<p>
<hi rend="italic">Cross-examined.</hi> The cabman drove away—I did not take his name or number—Smith made a butt at me, and we were both on the ground, and I was holding Smith by his cravat.
<hi rend="italic">Brown's Defence.</hi> I never saw the prosecutor before in my life; the</p>
<xptr type="pageFacsimile" doc="187602280032"/>
<p>policeman knows that I was not near the man. I had just left a young girl and was going up the court. The man was very drunk at the station, and did not know what he was saying. He said that he had lost 3
<hi rend="italic">l</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-127" type="witnessName">
<interp inst="t18760228-name-127" type="gender" value="male"/>
<interp inst="t18760228-name-127" type="surname" value="WHITING"/>
<interp inst="t18760228-name-127" type="given" value="JOSEPH"/>JOSEPH WHITING</persName> </hi> (
<hi rend="italic">re-examined</hi>). The prosecutor was as sober as I am he did not say that he had lost 3
<hi rend="italic">l</hi>.—8
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>. was found on Brown, and 6
<hi rend="italic">s</hi>., or 7
<hi rend="italic">s</hi>. and a knife on Smith—I searched the place where the scuffle was, but found nothing—no one else was running; no one was near.</p>
<p>
<hi rend="smallCaps">
<rs id="t18760228-219-verdict-1" type="verdictDescription">
<interp inst="t18760228-219-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760228-219-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<p>
<hi rend="largeCaps">BROWN</hi>
<hi rend="italic">was further charged with a previous conviction at Clerken
<lb/>well in December</hi>, 1873,
<hi rend="italic">in the name of
<persName id="t18760228-name-128">
<interp inst="t18760228-name-128" type="gender" value="male"/>
<interp inst="t18760228-name-128" type="surname" value="GREY"/>
<interp inst="t18760228-name-128" type="given" value="GEORGE"/>George Grey</persName>, to which he</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>**—
<hi rend="italic">
<rs id="t18760228-219-punishment-20" type="punishmentDescription">
<interp inst="t18760228-219-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18760228-219-punishment-20" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-219-18760228 t18760228-219-punishment-20"/>Seven Years' Penal Servitude.</rs> </hi>
<hi rend="largeCaps">SMITH</hi>
<rs id="t18760228-219-punishment-21" type="punishmentDescription">
<interp inst="t18760228-219-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18760228-219-punishment-21" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-219-18760228 t18760228-219-punishment-21"/>
<hi rend="italic">Eighteen Month's Im
<lb/>prisonment.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18760228-220">
<interp inst="t18760228-220" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-220" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-220-charge-1" targOrder="Y" targets="def1-220-18760228 t18760228-220-offence-1 t18760228-220-verdict-1"/>
<p>220.
<persName id="def1-220-18760228" type="defendantName">
<interp inst="def1-220-18760228" type="gender" value="male"/>
<interp inst="def1-220-18760228" type="age" value="32"/>
<interp inst="def1-220-18760228" type="surname" value="STANHOPE"/>
<interp inst="def1-220-18760228" type="given" value="GEORGE FREDERICK"/>
<hi rend="largeCaps">GEORGE FREDERICK STANHOPE</hi> (32)</persName>
<rs id="t18760228-220-offence-1" type="offenceDescription">
<interp inst="t18760228-220-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18760228-220-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery on
<persName id="t18760228-name-130" type="victimName">
<interp inst="t18760228-name-130" type="gender" value="male"/>
<interp inst="t18760228-name-130" type="surname" value="RILEY"/>
<interp inst="t18760228-name-130" type="given" value="BARNABAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18760228-220-offence-1 t18760228-name-130"/>Barnabas Riley</persName>, and stealing from his person a watch and pocket-book, his property.</rs> </p>
<p>
<hi rend="smallCaps">MR. DOUGLAS</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-131" type="witnessName">
<interp inst="t18760228-name-131" type="gender" value="male"/>
<interp inst="t18760228-name-131" type="surname" value="RILEY"/>
<interp inst="t18760228-name-131" type="given" value="BARNABAS"/>BARNABAS RILEY</persName> </hi>. I am a tobacconist, of 278, High Street, Poplar-on the 26th February, after 10 o'clock at night, I was at the Iron Bridge public-house, Barking Road, with a friend—I saw the prisoner there doing sleight-of-hand work and different kinds of tricks—I have known him by sight many years; he is what they call a
<hi rend="italic">sharper</hi>—he is not a particular friend of mine, but he made himself an acquaintance—I serve thirty or forty public-houses—I had had more drink than was quite right—I went out of the public-house, leaving him there, but he was very quick after me—he ran after me as hard as he could with a little man about 5 feet high—I ran into Mr. Forsyth's shop, and remained there till I got him to go home with me and bring a little bit of a truncheon—the prisoner had not spoken to me nor I to him—we had to go 600 or 700 yards to my house—we were talking, and I did not see the prisoner—Mr. Forsyth left me at the bottom of Robin Hood Lane, and I went on alone—I opened my side door with my latch-key, and as soon as I had done so the prisoner said "Ain't you going to bid us good-night, old chap?" and he threw me down with one hand and to ok my watch and pocket-book—my wife and my boy spoke to me at my door, but I did not go in; I ran to the police-station with as much strength as I had left—I could not speak, but I was told something—my pocket-book was returned to me next morning, but I have not seen my watch again.</p>
<p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> I went to my friend to take me home, I being rather in liquor—I did not stop to see whether you were following us—if you stole my watch and pocket-book I cannot say how my pocket-book came to be found at the public-house.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-132" type="witnessName">
<interp inst="t18760228-name-132" type="gender" value="male"/>
<interp inst="t18760228-name-132" type="surname" value="DIXON"/>
<interp inst="t18760228-name-132" type="given" value="HENRY"/>HENRY DIXON</persName> </hi>. I am a labourer, of 12, Leicester Street, Poplar—on the night of the 6th January, between 12 and 1 p.m., I was standing with Lovesey outside Mr. Townsend's, High Street, Poplar; that is about a mile and a quarter from the Irion Bridge tavern—I saw Riley pass me, and saw the prisoner and a man with a black eye—I said something to Lovesey and took notice of them—I saw them cross the road—I followed them; they went to Riley's door, and both got close to the door—Riley went in soon afterwards, and then the two men ran away, and Riley came out and hol
<lb/>loaed "Stop thief!" and they both ran towards Bow Lane—they might go that way to the Iron Bridge, but it is a long way—when Riley called out a policeman ran up, and I said "You are just too late"—when they ran away I was so surprised that I had not time to do anything.</p>
<p>
<hi rend="italic">Cross-examined.</hi> You were 20 yards behind Riley on the same side</p>
<xptr type="pageFacsimile" doc="187602280033"/>
<p>—I saw Riley's Albert chain hanging on his waistcoat; he was smoking a pipe—I might have got stopped myself if I had stopped you.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-133" type="witnessName">
<interp inst="t18760228-name-133" type="gender" value="male"/>
<interp inst="t18760228-name-133" type="surname" value="LOVESEY"/>
<interp inst="t18760228-name-133" type="given" value="HENRY"/>HENRY LOVESEY</persName> </hi>. I live at 6, Surrey Place, Poplar—I was with Dixon standing outside a beer-shop, and saw Riley coming along and the prisoner and another man following him behind—they crossed the road after Riley, who unlocked his door and went inside, and the moment he got inside he made some answer—the prisoner then said "Come on," and they ran up Poplar—I was only following them two or three seconds.</p>
<p>
<hi rend="italic">Cross-examined.</hi> His coat was open and I saw that he had a watch, and thought you were going to steal it—I did not run after you because the last I stopped in Poplar I got my nose broken, but I got a reward of 10
<hi rend="italic">s</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-134" type="witnessName">
<interp inst="t18760228-name-134" type="gender" value="male"/>
<interp inst="t18760228-name-134" type="surname" value="KERSEY"/>
<interp inst="t18760228-name-134" type="given" value="HERBERT"/>HERBERT KERSEY</persName> </hi>. On 27th February, at 7.25 a.m., I found this pocket-book just opposite the Aberfeldie Arms, in a field—that is near the Iron Bridge—I gave it to Riley, it was open—nothing was in it, but the bills were strewed about by the side of it; I picked them up and put them inside. B. Riley (
<hi rend="italic">re-examined</hi>). This is my pocket-book—Kersey gave it to me.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-135" type="witnessName">
<interp inst="t18760228-name-135" type="gender" value="male"/>
<interp inst="t18760228-name-135" type="surname" value="QUANTRELL"/>
<interp inst="t18760228-name-135" type="given" value="GEORGE"/>GEORGE QUANTRELL</persName> </hi> (
<hi rend="italic">Policeman</hi>). On 26th February, about 11 o'clock or 11.30, I was near the Robinhood, Poplar, and saw Riley and another
<hi rend="italic">gentleman</hi>—the prisoner and another man were following, 20 yards behind them, in the direction of Riley's house—I did not watch them as I had no suspicion—I have been looking for the other man, but have not been able to find him.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I did come and give evidence next morning, because I had no orders—I know when I saw you that you were charged with this offence—I mentioned it to the inspector, and I attended at the police-court, but was not called.</p>
<p>
<hi rend="italic">Re-examined.</hi> I heard of his being apprehended on Friday morning—I did not go to the police-court on Saturday, because I was not warned to go—I did not go till Monday.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-136" type="witnessName">
<interp inst="t18760228-name-136" type="gender" value="male"/>
<interp inst="t18760228-name-136" type="surname" value="MATHAM"/>
<interp inst="t18760228-name-136" type="given" value="CHARLES"/>CHARLES MATHAM</persName> </hi> (
<hi rend="italic">Policeman K</hi> 432). I was on duty in High Street between 11 and 12 o'clock, and saw Riley, who told me he had been robbed of his watch—he gave me a description—I turned on my light and found this bow of a watch just by Riley's private door.</p>
<p>
<hi rend="smallCaps">B. RILEY</hi> (
<hi rend="italic">re-examined</hi>). I cannot swear to this bow, but my watch had a similar bow.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-137" type="witnessName">
<interp inst="t18760228-name-137" type="gender" value="male"/>
<interp inst="t18760228-name-137" type="surname" value="BACK"/>
<interp inst="t18760228-name-137" type="given" value="WILLIAM"/>WILLIAM BACK</persName> </hi> (
<hi rend="italic">Police Inspector K</hi>). On 27th February, about 12.20 ton., Riley gave me a description of the men who had robbed him—I looked for the men and went to Kelly Street, with two policemen at 12.30, leaving two others in the street—I found the prisoner in the back room, just sitting down to supper and told him the charge—he said "What date was it?"—I said I do not remember—he said that he would go to the station with me—he put his shoes and stockings, and as soon as he got to
<hi rend="italic">the</hi> door he pushed the policemen down and ran down the street as fast as he could—I called out and one of the policeman stopped him—he was taken to the station, and after the charge was read over he said "If I had known it was this I should not have bolted"—I said "What did you think?"—he said "I had a man for a sovereign this morning"—I searched him, but found nothing—he had this sleight of hand trick (
<hi rend="italic">produced</hi>) in his pocket.</p>
<p>
<hi rend="italic">Prisoner's Defence</hi>, I do not disown being in the public-house, because I am there everyday; I might have been seen going home; I was described as a man with curly hair, and they said "Let us go and inform against him, and get paid for it. "When the first man was examined, Mr. Paget said. "What</p>
<xptr type="pageFacsimile" doc="187602280034"/>
<p>do you know about it?" He said "Not much; I saw the man run I believe he stole the watch," and then he looked rouud to know what he was to say next. The fact is he was too drunk to run after me; I know nothing about his pocket-book or what he has lost; he gave quite a different account at the police-court.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-138" type="witnessName">
<interp inst="t18760228-name-138" type="gender" value="male"/>
<interp inst="t18760228-name-138" type="surname" value="BACK"/>
<interp inst="t18760228-name-138" type="given" value="WILLIAM"/>WILLIAM BACK</persName> </hi> (
<hi rend="italic">re-examined</hi>). Riley gave the same account at the police-court substantially.</p>
<p>
<hi rend="smallCaps">
<rs id="t18760228-220-verdict-1" type="verdictDescription">
<interp inst="t18760228-220-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760228-220-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">He was further charged with having been convicted of felony</hi> all
<hi rend="italic">Chipping Wickham, in August</hi>, 1873,
<hi rend="italic">to which he</hi> </p>
<p>
<hi rend="smallCaps">PLEADED GUILTY</hi> *
<hi rend="italic">
<rs id="t18760228-220-punishment-22" type="punishmentDescription">
<interp inst="t18760228-220-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18760228-220-punishment-22" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-220-18760228 t18760228-220-punishment-22"/>—Seven Years' Penal Servitude.</rs> </hi> </p> </div1>
<p>
<hi rend="largeCaps">THIRD COURT</hi>.—
<hi rend="italic">Wednesday, March</hi> 1
<hi rend="italic">st</hi>, 1876."</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18760228-221">
<interp inst="t18760228-221" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-221" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-221-charge-1" targOrder="Y" targets="def1-221-18760228 t18760228-221-offence-1 t18760228-221-verdict-1"/>
<p>221.
<persName id="def1-221-18760228" type="defendantName">
<interp inst="def1-221-18760228" type="gender" value="male"/>
<interp inst="def1-221-18760228" type="age" value="35"/>
<interp inst="def1-221-18760228" type="surname" value="BURNETT"/>
<interp inst="def1-221-18760228" type="given" value="LUTHER JOSEPH"/>
<hi rend="largeCaps">LUTHER JOSEPH BURNETT</hi> (35)</persName>
<rs id="t18760228-221-offence-1" type="offenceDescription">
<interp inst="t18760228-221-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760228-221-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>,
<hi rend="smallCaps">
<rs id="t18760228-221-verdict-1" type="verdictDescription">
<interp inst="t18760228-221-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760228-221-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to stealings on the
<rs id="t18760228-cd-1" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18760228-221-offence-1 t18760228-cd-1"/>11th September</rs>, money to the amount of 1,514
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>., and on the
<rs id="t18760228-cd-2" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18760228-221-offence-1 t18760228-cd-2"/>14th September</rs> six books belonging to his masters,
<persName id="t18760228-name-140" type="victimName">
<interp inst="t18760228-name-140" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18760228-221-offence-1 t18760228-name-140"/>Messrs. Drummond</persName>. </rs>
<rs id="t18760228-221-verdict-1" type="verdictDescription">
<interp inst="t18760228-221-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760228-221-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="italic">The prisoner received an excellent character and was recommended to mercy</hi> </rs>
<rs id="t18760228-221-punishment-23" type="punishmentDescription">
<interp inst="t18760228-221-punishment-23" type="punishmentCategory" value="noPunish"/>
<interp inst="t18760228-221-punishment-23" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-221-18760228 t18760228-221-punishment-23"/>
<hi rend="italic">Judg ment respited.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18760228-222">
<interp inst="t18760228-222" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-222" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-222-charge-1" targOrder="Y" targets="def1-222-18760228 t18760228-222-offence-1 t18760228-222-verdict-1"/>
<p>222.
<persName id="def1-222-18760228" type="defendantName">
<interp inst="def1-222-18760228" type="gender" value="female"/>
<interp inst="def1-222-18760228" type="age" value="24"/>
<interp inst="def1-222-18760228" type="surname" value="CHARLTON"/>
<interp inst="def1-222-18760228" type="given" value="ELIZABETH"/>
<hi rend="largeCaps">ELIZABETH CHARLTON</hi> (24)</persName>
<rs id="t18760228-222-offence-1" type="offenceDescription">
<interp inst="t18760228-222-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18760228-222-offence-1" type="offenceSubcategory" value="perjury"/>, to unlawfully com
<lb/>mitting wilful and corrupt perjury.</rs>
<rs id="t18760228-222-verdict-1" type="verdictDescription">
<interp inst="t18760228-222-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760228-222-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.]
<hi rend="italic">Strongly recommended to mercy</hi> </rs>
<rs id="t18760228-222-punishment-24" type="punishmentDescription">
<interp inst="t18760228-222-punishment-24" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18760228-222-punishment-24" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-222-18760228 t18760228-222-punishment-24"/>
<hi rend="italic">To enter into her own recognisances in</hi> 50
<hi rend="italic">l</hi>.,
<hi rend="italic">to receive judgment if called upon</hi> </rs> And</p> </div1>
<div1 type="trialAccount" id="t18760228-223">
<interp inst="t18760228-223" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-223" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-223-charge-1" targOrder="Y" targets="def1-223-18760228 t18760228-223-offence-1 t18760228-223-verdict-1"/>
<p>223.
<persName id="def1-223-18760228" type="defendantName">
<interp inst="def1-223-18760228" type="gender" value="male"/>
<interp inst="def1-223-18760228" type="age" value="21"/>
<interp inst="def1-223-18760228" type="surname" value="PAINE"/>
<interp inst="def1-223-18760228" type="given" value="WILLIAM JOHN"/>
<hi rend="largeCaps">WILLIAM JOHN PAINE</hi> (21)</persName>
<rs id="t18760228-223-offence-1" type="offenceDescription">
<interp inst="t18760228-223-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760228-223-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, to stealing various sums of money from his masters, and to being previously convicted on the 9th June, 1873, at this Court, of felony</rs>
<rs id="t18760228-223-punishment-25" type="punishmentDescription">
<interp inst="t18760228-223-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t18760228-223-punishment-25" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-223-18760228 t18760228-223-punishment-25"/>Two
<hi rend="italic">Years' Imprisonment.</hi> </rs>
<rs id="t18760228-223-verdict-1" type="verdictDescription">
<interp inst="t18760228-223-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760228-223-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18760228-224">
<interp inst="t18760228-224" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-224" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-224-charge-1" targOrder="Y" targets="def1-224-18760228 t18760228-224-offence-1 t18760228-224-verdict-1"/>
<join result="criminalCharge" id="t18760228-224-charge-2" targOrder="Y" targets="def2-224-18760228 t18760228-224-offence-1 t18760228-224-verdict-2"/>
<p>224.
<persName id="def1-224-18760228" type="defendantName">
<interp inst="def1-224-18760228" type="gender" value="male"/>
<interp inst="def1-224-18760228" type="age" value="50"/>
<interp inst="def1-224-18760228" type="surname" value="COLVILLE"/>
<interp inst="def1-224-18760228" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN COLVILLE</hi> </persName>
<hi rend="italic">and</hi>
<persName id="def2-224-18760228" type="defendantName">
<interp inst="def2-224-18760228" type="gender" value="male"/>
<interp inst="def2-224-18760228" type="age" value="39"/>
<interp inst="def2-224-18760228" type="surname" value="MILLER"/>
<interp inst="def2-224-18760228" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN MILLER</hi> </persName> were
<hi rend="italic">again</hi> indicted
<rs id="t18760228-224-offence-1" type="offenceDescription">
<interp inst="t18760228-224-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760228-224-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>(see
<hi rend="italic">page</hi> 384) for stealing, on the
<rs id="t18760228-cd-3" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18760228-224-offence-1 t18760228-cd-3"/>27th October</rs> five rolls of floorcloth and 250 yards ditto, the goods of the
<persName id="t18760228-name-145" type="victimName">
<interp inst="t18760228-name-145" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18760228-224-offence-1 t18760228-name-145"/>Boulinikon Floorcloth Company</persName>, thier masters.
<hi rend="italic">Semi Count</hi>—charging
<hi rend="largeCaps">MILLER</hi> as employed in the capacity of a servant.</rs> </p>
<p>
<hi rend="smallCaps">MR. BESLEY</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. COOPER-WYLD</hi>
<hi rend="italic">conducted the Prosecution; and</hi> me.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-146" type="witnessName">
<interp inst="t18760228-name-146" type="gender" value="male"/>
<interp inst="t18760228-name-146" type="surname" value="MATHEWS"/>
<interp inst="t18760228-name-146" type="given" value="CHARLES"/>CHARLES MATHEWS</persName> </hi>
<hi rend="italic">appeared for Colville.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-147" type="witnessName">
<interp inst="t18760228-name-147" type="gender" value="male"/>
<interp inst="t18760228-name-147" type="surname" value="SPREADBURY"/>
<interp inst="t18760228-name-147" type="given" value="JAMES"/>JAMES SPREADBURY</persName> </hi>. On the 27th October, rather late in the day, the prisoners and a third person were present—Miller told me to fetch up five rolls of floorcloth, irrespective of pattern, from downstairs for Mr. Starkey; he is an old customer—I was assisted by Mr. Miller in getting them up—Miller told me to fetch a porter and I fetched Jones—he put three of the rolls on his barrow, I think, with the assistance of some one outside—Miller and Colville saw this—Miller then sent me on an errand, but I stood at the corner of Watling Street so that I could see, and the goods were taken across Cannon Street, which is not in the direction of Starkey's—when I returned the porter was there waiting to be paid for. his job—the next morning I saw the third person who was in the shop the day before at the door—afterwards Miller came and asked me if I had seen him, mentioning his name—I answered "Yes," he had gone to Lombard Street to Martin's Bank—Miller said something about"30
<hi rend="italic">l</hi>. for the beggar yesterday, he is trying to do me," and that he would go after him—he did go and when he returned I asked him if he had seen him—he said "Yes, I caught him at the bank and put my hand over his shoulder and took some of the money that had been paid him"—I have since seen the five rolls of floorcloth at Dowgate
<hi rend="italic">Wharf Cross-examined by</hi>
<hi rend="smallCaps">MR. MATHEWS</hi>. I was not discharged, I gave Mr. Colville notice to leave—I was not told these five rolls were for Mr. Crossley, I supposed so—Mr. Crossley was a customer to a small extent—Mr. Crossley did not help me to get up the five rolls, he stood by the while—he</p>
<xptr type="pageFacsimile" doc="187602280035"/>
<p>was the third person—I thought there was something wrong, but did not mention it, because I did not think it would be fair either to Mr. Miller or to Mr. Colville—Mr. Crossley gave me 1
<hi rend="italic">s</hi>. two days afterwards for bring
<lb/>ing up the goods—Mr. Starkey was a customer of the company—ten rolls were set aside for him before this time when Miller, Crossley, and myself were present—they were marked with his initials, and were, I believe, part of some surplus stock—I believe they never were moved by Mr. Starkey, some of them are there now—I am employed by the company now—Mr. Griffiths told me I might be—it was not on my own application—I was away about five or six weeks from a fortnight after Christmas—it was after I made this communication that I was taken back—I once had a public-house under my control for four or five months, but not getting any money to pay the brewers and distillers I left it, and my brother carried on the business—I did not leave a good many debts behind me—my brother paid the little I left—when engaged by this company I had no other reference as to my good character except my indentures of apprenticeship—Mr. Griffiths has been my employer throughout.</p>
<p>
<hi rend="italic">Re-examined.</hi> The ten rolls was not the same transaction—I was in the service some days after the truck had gone away to Dowgate Wharf and I saw the ten rolls still in the possession of the company, I think, but I am not quite sure—I fancy about two of them were among the five—I have been to Dowgate Wharf and seen them there—I appeared as a witness at the police-court—I gave Mr. Griffiths all information at the same time in the middle of December.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-148" type="witnessName">
<interp inst="t18760228-name-148" type="gender" value="male"/>
<interp inst="t18760228-name-148" type="surname" value="JONES"/>
<interp inst="t18760228-name-148" type="given" value="WILLIAM"/>WILLIAM JONES</persName> </hi>. I am a porter—in October last year the last witness came to me at the Mansion House—I went to the Boulinikon Company in Queen Street—I took two rolls of cloth to Bedford Row and three to Dowgate Wharf, two journies—I did not see Colville at first, but when I came back for my money I did—Miller paid me 3
<hi rend="italic">s</hi>.—he told me to take the goods.</p>
<p>
<hi rend="italic">Cross-examined by Miller.</hi> I cannot remember the name at Bedford Row—I took two pieces there and five to Dowgate Wharf—I went twice to Dowgate Wharf—I did not take the five rolls anywhere else before taking them to Dowgate Wharf, nor any portion—of them—a gentleman came down to Dowgate Wharf, but I do not know if it was Crossley.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-149" type="witnessName">
<interp inst="t18760228-name-149" type="gender" value="male"/>
<interp inst="t18760228-name-149" type="surname" value="STARKEY"/>
<interp inst="t18760228-name-149" type="given" value="JAMES"/>JAMES STARKEY</persName> </hi>. I did not order on the 27th October five pieces of floor-cloth and I know nothing about them—I have not got five pieces of floorcloth laying at Dowgate Wharf to my order.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. MATHEWS</hi>. I do not know that any goods were set aside for me—I have received an invoice for something like 60
<hi rend="italic">l</hi>. or 70
<hi rend="italic">l</hi>., but never saw or had the goods.</p>
<p>
<hi rend="italic">Cross-examined by Miller.</hi> I never told you to invoice ten pieces to me and not to send them—the Bouliuikon company did cover the Red Lion Hotel for me as per written order, but it was not out of the por
<lb/>tion set aside for me to my knowledge—I received the invoice about a fortnight afterwards, the latter part of the year.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-150" type="witnessName">
<interp inst="t18760228-name-150" type="gender" value="male"/>
<interp inst="t18760228-name-150" type="surname" value="GRIFFITHS"/>
<interp inst="t18760228-name-150" type="given" value="THOMAS"/>THOMAS GRIFFITHS</persName> </hi>. Colville sent down every day advices to Manchester of sales made in London—I have his letters from the 27th October, inclusive, there are fonty or fifty—there is no trace whatever of the five pieces of cloth—there is no reference to the name of Crossley or Starkey—I have been since to Dowgate Wharf, where I have seen those five pieces—I recognise them as the company's property and missing from the stock—this (
<hi rend="italic">produced</hi>)</p>
<xptr type="pageFacsimile" doc="187602280036"/>
<p>is the delivery book kept in London—there is no trace from the 18th to the 29th October in it of this property—this (
<hi rend="italic">produced</hi>) is the day-book, in it there is no entry of the five pieces—I made a discovery in December and sought out Spreadbury, who gave me some information—I went to Dowgate Wharf on the 18th, a Saturday—the prisoners have not disclosed this trans
<lb/>action to me in any way.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. MATHEWS</hi>. I have looked throughout the books—I never knew Mr. Crossley was a customer of the company's until investi
<lb/>gating these matters—I did not tell Colville that he might invoice goods on—I did tell him to push the business and allowed him a commission up to 15 per cent.—I never heard from Colville of Crossley.</p>
<p>
<hi rend="italic">Cross-examined by Miller.</hi> I have lost the other book on Monday last in which goods are entered that are sent out—Colville and I went to Mansion House Buildings together to look for Mr. Crossley—I retract what I said about never having heard Mr. Crossley's name—it was not to ascertain from him the mode of invoicing goods that I went to see him—we have had deal
<lb/>ings with Hancock, of the Royal Promenade, Bristol—I do not know that goods have been entered in like manner that have been sent to Mr. Cooper, of Harley Street—I lost the book mentioned here when before the Grand Jury—it was a rough memorandum book in which the prisoners used to enter sales of goods in the first instance—on the 18th I mentioned the goods to Colville, and he took me to try and find Crossley—when he told mo Crossley had had these goods he did not say upon what terms—he said the goods had gone to the Mansion House Chambers—I had told him before this that they were at Dowgate Wharf, and I wanted to know to whose account and he said Crossley's—we went out on the Saturday about 2 o'clock to find him, but could not—I looked right through the book I have lost to check the sales—sale notes were not sent to Manchester recording the fact of the sale—I have a note word for word copied into my note book from the one I have lost. (
<hi rend="italic">It was handed in and read: it referred to certain lengths and patterns of cloth, on October 27th, Francis Crossley.</hi>) The intima
<lb/>tion given is that Francis Crossley would be responsible for those goods, but not necessarily so. There may be an entry in that book of goods not sent out, but not to my knowledge—a label was pasted on the book to tell the purpose for which it was intended, i.e., Maple & Co., such and such goods sent out—we only assume that where there is an entry of goods they have been sent to whose name appears—I did go to Mrs. Colville on the 18th December and say,"I blame Mr. Colville for having dealings with Mr. Crossley"—I wanted to know if he knew Mr. Crossley—I had a letter from Robert Crossley & Son before engaging Mr. Colville—I believe of Halifax—Mr. Grove did tell me he had 400
<hi rend="italic">l</hi>. per annum settled on him—we should certainly not be pleased to sell him 500
<hi rend="italic">l</hi>. worth of goods to-day upon the usual dealings in the trade—the goods are entered in the book I have lost simply as a memorandum—we have not made a claim for them to anyone except the wharf—the goods are warehoused to Jones, Tindall & Grove, solicitors.</p>
<p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">MR. MATHEWS</hi>. I have not told Mr. Grove that I would take criminal proceedings against him if these goods were not given back—he told me the goods were held to the order of his firm as against Mr. Crossley for the money he advanced against them—Spreadbury is in
<hi rend="italic">our</hi> employment at this moment—he was taken back about a fortnight after Christmas—we had him back because he knew the customers—his wages</p>
<xptr type="pageFacsimile" doc="187602280037"/>
<p>were 22
<hi rend="italic">s</hi>., the same as originally—Mr. Colville had not to travel a great deal out of England; three times a year—he had selected his own time for going.</p>
<p>
<hi rend="italic">Re-examined.</hi> This (
<hi rend="italic">piece of paper produced</hi>) is all that appeared in the book which is lost—it was simply a memorandum book, in which was entered Dames of persons upon whom he had called; purchasers would go into the day-book—I discovered afterwards that Carey & Co. was the way in which goods had been entered to Crossley—I did not know Crossley's name until this transaction—no money has been paid with regard to a previous trans
<lb/>action with Crossley for goods entered here by Colville; a bill has been dishonoured—as regards Carey & Co., I did not know Crossley had any
<lb/>thing to do with Carey & Co.—it was my own discovery that led me to speak to Colville about goods in the name of Crossley—I said to Colville" I have found five rolls of cloth at Dowgate Wharf, and I mean to
<hi rend="italic">get to</hi> the bottom of it," and I wanted to know how they got there—he said "Francis Crossley they were for"—I said "Where delivered"—he said "to the Mansion House Chambers"—I went there and saw the housekeeper, but I did not see Crossley; Colville went with me—the housekeeper said Francis Crossley had not an office there—he believed he had a friend who took his letters—I said "Were any goods delivered here?"—he said "Certainly not, nothing but letters or small parcels of any kind"—I went into the office to make enquiries, and when I came out Colville had gone.</p>
<p>A. J. Griffiths. I am a clerk at "Dowgate Dock"—the witnesses have made a mistake; it is a different place—on the 27th October, we received five rolls of floorcloth under this order—they are at the Dock at the present time. (
<hi rend="italic">Read:</hi> "Alfred Jones, Tindall & Grove, 7, Queen Street, Cheapside, Lon
<lb/>don, warehouse and hold to our order, five pieces Boulinikon floorcloth.") John. Grove. I am a member of the firm of Jones, Tindall & Grove—this is an order from the firm—it was written sometime in the afternoon of the 27th October—I did not see the goods before they were put in Dowgate Dock—I knew they were going there for me—I have known Miller about fifteen years—I saw him at my office on the 26th with Mr. Crossley—I advanced to Crossley a cheque for 14
<hi rend="italic">l</hi>. (
<hi rend="italic">produced</hi>)—it was the 27th I saw Miller; I made a mistake—Miller and Crossley were both there—Crossley told me he had purchased this floorcloth of the Boulinikon Company—he had a long credit for them, and did not want to execute the order at once—he said his father was ill in the north, and was very hard pushed for money, and wanted to go down there—I did not want to do anything in the matter, but both Miller and Crossley urged me, and I advanced him 20
<hi rend="italic">l</hi>.; 6
<hi rend="italic">l</hi>. in cash and this cheque—I do not think that was in the presence of Miller—I got a bill from Crossley; it is at my office—the amount is 25
<hi rend="italic">l</hi>.; and before I parted with the money, I had the cloth at Dowgate Dock to my order—I do not remember the amount, but I think the goods were invoiced at between 30
<hi rend="italic">l</hi>. and 40
<hi rend="italic">l</hi>.—Mr. Crossley showed me the invoice when he came afterwards—I could not tell you who proposed there should be a bill of exchange as well as the actual security of 30
<hi rend="italic">l</hi>. worth of property—I do not know where Mr. Crossley is; I should be very glad to know—it is two or three months since I saw him—the bill of exchange was due about the middle of January; it was dishonoured.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. MATHEWS</hi>. I have seen Mr. Griffiths two or three times—it was suggested no proceedings would be taken if the goods were given up—I did not feel justified in giving them up—it appeared a
<hi rend="italic">bond</hi> </p>
<xptr type="pageFacsimile" doc="187602280038"/>
<p>
<hi rend="italic">fide</hi> sale had been made to Crossley, and I had no reason to suspect either Colville or Miller.</p>
<p>
<hi rend="italic">Re-examined by</hi>
<hi rend="smallCaps">MR. BESLEY</hi>. I have not been instructing counsel for the defence of Miller or Colville—I instructed Mr. Mathews on my own behalf, I have not been paid for acting professionally for the Boulinikon Company.
<hi rend="italic">Miller's Defence.</hi> Mr. Francis Crossley was in partnership with his father, Robert Crossley, as carpet manufacturers, and Mr. Colville was their repre
<lb/>sentative for a number of years—the business ultimately was converted into a public company, and then Mr. Crossley retired upon his portion of the money—in the month of September he had a transaction with the Boulin
<lb/>ikon Company for five pieces of floorcloth, making six in all, as Carey& Co.—after that he came to the warehouse and represented he had sold to a man in Antwerp five pieces—they were duly entered and an arrangement made that they should not be invoiced until January, 1876—they were entered into the book unfortunately lost—Crossley assisted Spreadbury in removing them from the cellar to the street—a porter was sent for—I did not send for him, and the barrow broke down, each piece weighing about 3 cwt.—I went myself in search for a cart, and when I returned the goods were removed—I did not know at the time whether they were taken to Mansion House Buildings or Dowgate Docks—as to going to the Bank the next morning, I never did, and never received 1
<hi rend="italic">s</hi>. from Crossley for those goods—as regards my stating to Spreadbury there were five pieces wanted for Starkey and he was not particular to pattern, that was not true, espe-. cially when there were pieces put away for Starkey and the numbers marked outside, the lengths and numbers and the initials of Starkey—the memor
<lb/>andum book in which they are entered is as large a book as one produced (
<hi rend="italic">the day book</hi>)—in it there are large amounts of goods—some I sold myself, and I never received one halfpenny from Crossley or any other person.
<hi rend="largeCaps">COLVILLE</hi>
<rs id="t18760228-224-verdict-1" type="verdictDescription">
<interp inst="t18760228-224-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18760228-224-verdict-1" type="verdictSubcategory" value=""/>
<hi rend="smallCaps">NOT GUILTY</hi>.</rs>
<hi rend="largeCaps">MILLER</hi>
<hi rend="smallCaps">
<rs id="t18760228-224-verdict-2" type="verdictDescription">
<interp inst="t18760228-224-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18760228-224-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<rs id="t18760228-224-punishment-26" type="punishmentDescription">
<interp inst="t18760228-224-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t18760228-224-punishment-26" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-224-18760228 t18760228-224-punishment-26"/>five years' penal servitude</rs>.</p> </div1>
<p>
<hi rend="largeCaps">FOURTH COURT</hi>.—
<hi rend="italic">Wednesday, March lst</hi>, 1876.</p>
<p>
<hi rend="italic">Before Robert Malcolm Kerr, Esq.</hi> </p>
<div1 type="trialAccount" id="t18760228-225">
<interp inst="t18760228-225" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-225" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-225-charge-1" targOrder="Y" targets="def1-225-18760228 t18760228-225-offence-1 t18760228-225-verdict-1"/>
<join result="criminalCharge" id="t18760228-225-charge-2" targOrder="Y" targets="def2-225-18760228 t18760228-225-offence-1 t18760228-225-verdict-1"/>
<p>225.
<persName id="def1-225-18760228" type="defendantName">
<interp inst="def1-225-18760228" type="gender" value="male"/>
<interp inst="def1-225-18760228" type="age" value="17"/>
<interp inst="def1-225-18760228" type="surname" value="KING"/>
<interp inst="def1-225-18760228" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE KING</hi> (17)</persName>
<hi rend="italic">and</hi>
<persName id="def2-225-18760228" type="defendantName">
<interp inst="def2-225-18760228" type="gender" value="male"/>
<interp inst="def2-225-18760228" type="age" value="17"/>
<interp inst="def2-225-18760228" type="surname" value="FRANKLIN"/>
<interp inst="def2-225-18760228" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES FRANKLIN</hi> (17)</persName>,
<hi rend="smallCaps">
<rs id="t18760228-225-verdict-1" type="verdictDescription">
<interp inst="t18760228-225-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760228-225-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18760228-225-offence-1" type="offenceDescription">
<interp inst="t18760228-225-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760228-225-offence-1" type="offenceSubcategory" value="theftFromPlace"/>to breaking and entering the warehouse of
<persName id="t18760228-name-153" type="victimName">
<interp inst="t18760228-name-153" type="gender" value="male"/>
<interp inst="t18760228-name-153" type="surname" value="STRAKER"/>
<interp inst="t18760228-name-153" type="given" value="WILLIAM CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t18760228-225-offence-1 t18760228-name-153"/>William Charles Straker</persName> and stealing one pair of gloves, two coats, and other goods, his property</rs>
<rs id="t18760228-225-punishment-27" type="punishmentDescription">
<interp inst="t18760228-225-punishment-27" type="punishmentCategory" value="noPunish"/>
<interp inst="t18760228-225-punishment-27" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-225-18760228 t18760228-225-punishment-27"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-225-18760228 t18760228-225-punishment-27"/>
<hi rend="italic">Judgment respited.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18760228-226">
<interp inst="t18760228-226" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-226" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-226-charge-1" targOrder="Y" targets="def1-226-18760228 t18760228-226-offence-1 t18760228-226-verdict-1"/>
<p>226.
<persName id="def1-226-18760228" type="defendantName">
<interp inst="def1-226-18760228" type="gender" value="male"/>
<interp inst="def1-226-18760228" type="age" value="34"/>
<interp inst="def1-226-18760228" type="surname" value="MOSES"/>
<interp inst="def1-226-18760228" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE MOSES</hi> (34)</persName>
<rs id="t18760228-226-offence-1" type="offenceDescription">
<interp inst="t18760228-226-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18760228-226-offence-1" type="offenceSubcategory" value="bigamy"/>, to feloniously marrying one
<persName id="t18760228-name-155" type="victimName">
<interp inst="t18760228-name-155" type="gender" value="female"/>
<interp inst="t18760228-name-155" type="surname" value="STRANGWICH"/>
<interp inst="t18760228-name-155" type="given" value="MARY ANN"/>
<join result="offenceVictim" targOrder="Y" targets="t18760228-226-offence-1 t18760228-name-155"/>Mary Ann Strangwich</persName>, his former wife being alive—</rs>
<rs id="t18760228-226-punishment-28" type="punishmentDescription">
<interp inst="t18760228-226-punishment-28" type="punishmentCategory" value="imprison"/>
<interp inst="t18760228-226-punishment-28" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-226-18760228 t18760228-226-punishment-28"/>
<hi rend="italic">Eighteen Month' Imprisonment.</hi> </rs>
<rs id="t18760228-226-verdict-1" type="verdictDescription">
<interp inst="t18760228-226-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760228-226-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18760228-227">
<interp inst="t18760228-227" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-227" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-227-charge-1" targOrder="Y" targets="def1-227-18760228 t18760228-227-offence-1 t18760228-227-verdict-1"/>
<p>227.
<persName id="def1-227-18760228" type="defendantName">
<interp inst="def1-227-18760228" type="gender" value="male"/>
<interp inst="def1-227-18760228" type="age" value="17"/>
<interp inst="def1-227-18760228" type="surname" value="TURNBULL"/>
<interp inst="def1-227-18760228" type="given" value="WILLIAM JAMES"/>
<hi rend="largeCaps">WILLIAM JAMES TURNBULL</hi> (17)</persName>
<rs id="t18760228-227-offence-1" type="offenceDescription">
<interp inst="t18760228-227-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18760228-227-offence-1" type="offenceSubcategory" value="fraud"/>, to six indictments for unlawfully obtaining goods by false pretences</rs>
<rs id="t18760228-227-verdict-1" type="verdictDescription">
<interp inst="t18760228-227-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760228-227-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.] </rs>
<rs id="t18760228-227-punishment-29" type="punishmentDescription">
<interp inst="t18760228-227-punishment-29" type="punishmentCategory" value="noPunish"/>
<interp inst="t18760228-227-punishment-29" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-227-18760228 t18760228-227-punishment-29"/>
<hi rend="italic">Judgment respited.</hi> </rs> And</p> </div1>
<div1 type="trialAccount" id="t18760228-228">
<interp inst="t18760228-228" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-228" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-228-charge-1" targOrder="Y" targets="def1-228-18760228 t18760228-228-offence-1 t18760228-228-verdict-1"/>
<p>228.
<persName id="def1-228-18760228" type="defendantName">
<interp inst="def1-228-18760228" type="gender" value="male"/>
<interp inst="def1-228-18760228" type="age" value="38"/>
<interp inst="def1-228-18760228" type="surname" value="PUTLEY"/>
<interp inst="def1-228-18760228" type="given" value="JAMES OSBORNE"/>
<hi rend="largeCaps">JAMES OSBORNE PUTLEY</hi> (38)</persName>
<rs id="t18760228-228-offence-1" type="offenceDescription">
<interp inst="t18760228-228-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760228-228-offence-1" type="offenceSubcategory" value="embezzlement"/>, to embezzling the sums of 1
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>., 1
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>., and 1
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>., the monies of
<persName id="t18760228-name-158" type="victimName">
<interp inst="t18760228-name-158" type="gender" value="male"/>
<interp inst="t18760228-name-158" type="surname" value="LEA"/>
<interp inst="t18760228-name-158" type="given" value="CARL ADOLPH"/>
<join result="offenceVictim" targOrder="Y" targets="t18760228-228-offence-1 t18760228-name-158"/>Carl Adolph Lea</persName></rs>
<rs id="t18760228-228-verdict-1" type="verdictDescription">
<interp inst="t18760228-228-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760228-228-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty: See original trial image.] </rs>
<rs id="t18760228-228-punishment-30" type="punishmentDescription">
<interp inst="t18760228-228-punishment-30" type="punishmentCategory" value="noPunish"/>
<interp inst="t18760228-228-punishment-30" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-228-18760228 t18760228-228-punishment-30"/>
<hi rend="italic">Judgment respited</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18760228-229">
<interp inst="t18760228-229" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-229" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-229-charge-1" targOrder="Y" targets="def1-229-18760228 t18760228-229-offence-1 t18760228-229-verdict-1"/>
<p>229.
<persName id="def1-229-18760228" type="defendantName">
<interp inst="def1-229-18760228" type="gender" value="male"/>
<interp inst="def1-229-18760228" type="age" value="24"/>
<interp inst="def1-229-18760228" type="surname" value="CARTER"/>
<interp inst="def1-229-18760228" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM CARTER</hi> (24)</persName>
<rs id="t18760228-229-offence-1" type="offenceDescription">
<interp inst="t18760228-229-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18760228-229-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery with violence on
<persName id="t18760228-name-160" type="victimName">
<interp inst="t18760228-name-160" type="gender" value="male"/>
<interp inst="t18760228-name-160" type="surname" value="HARRIS"/>
<interp inst="t18760228-name-160" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18760228-229-offence-1 t18760228-name-160"/>William Harris</persName> and stealing 4
<hi rend="italic">l</hi>. from his person.</rs> </p>
<p>
<hi rend="smallCaps">MR. GRIFFITHS</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. WARNER SLEIGH</hi>
<hi rend="italic">the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-161" type="witnessName">
<interp inst="t18760228-name-161" type="gender" value="male"/>
<interp inst="t18760228-name-161" type="surname" value="HARRIS"/>
<interp inst="t18760228-name-161" type="given" value="WILLIAM"/>WILLIAM HARRIS</persName> </hi>. I am twelve years old, and live with my uncle, Mr. Stokes, at the Pearson Arms, Pearson Street, Kingsland—my uncle sent me on Saturday night, the 29th January, to get ten sovereigns changed into silver—when he gave me the money I was at the bar parlour door—there were plenty of people in the bar—I went with the money down Pearson Street to a little chandler's shop opposite the Rutland Arms and got 6
<hi rend="italic">l</hi> </p>
<xptr type="pageFacsimile" doc="187602280039"/>
<p>changed into silver—I did not get the 4
<hi rend="italic">l</hi>. changed—I put the silver in my right hand pocket and the gold in my left—I was going back to the Pearson Arms when two men came up to me—the prisoner is one of them—I had not seen him before that night—I am sure he is one of them—I could not see till he got the money and let go of me—the men came up to me, at the corner of Nottingham Place, which is a dark place—one of them took off my hat and threw it up Nottingham Place—I went after it and one of them followed me, and when I was looking for it he said "Here it is"—I could not see it and he threw it up further—I went after it—he said "Here it is," and I went to look for it and he put his arm round my neck—he did not hurt me then—there was a wall there—I called "Murder!" and another man ran up—one put his hands over my mouth and eyes and another pulled my hand out of my pocket and put my finger in his mouth and bit it—I have got the scar now (
<hi rend="italic">showing it</hi>)—one of the men put his hand in my pocket and pulled out the gold—a gentleman opened his window opposite—they bruised my eye by squeezing me like this (
<hi rend="italic">describing</hi>)—it was black the next day and was bad for almost a week—they pushed me down and when on the ground struck me in the face—they began, to run away—I jumped up and followed them close up—I wasn't more than 6 yards away from them and never lost sight of the prisoner—a lot of boys ran up and asked me what was the matter, and then Green, my uncle's potman, came up—I pointed out the prisoner and touched him and Green took him into custody—I am quite sure he is the man.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I don't know who bit my finger, my eyes were covered until one of the men began to run away—I had no opportunity of looking at him.</p>
<p>
<hi rend="italic">Re-examined.</hi> I saw the prisoner's face on getting up and I am quite sure he is the man.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-162" type="witnessName">
<interp inst="t18760228-name-162" type="gender" value="male"/>
<interp inst="t18760228-name-162" type="surname" value="HATTON"/>
<interp inst="t18760228-name-162" type="given" value="WILLIAM"/>WILLIAM HATTON</persName> </hi>. I am a tailor and carry on business at 2, Notting
<lb/>ham Place—about 8 o'olock on the night in question I heard a boy screaming and immediately threw up my window—I saw one man get up and run off and observed the boy struggling with another man and he screamed out" They are murdering me and taking a lot of money from me"—it was too dark for me to see the man's features—it was foggy.</p>
<p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. I went down to help the boy immediately, when I got down the man was running and the boy after him—I gave chase as
<hi rend="italic">well</hi>, but I have very bad health and was not able to keep it up—I could see a person almost to the end of the street; quite 6 yards—it was not too foggy for that, I could see him across the road.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I believe I said at the police-court that it was a foggy night—I cannot recollect whether I said "very" foggy—I believe my words were "It was a foggy night."</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-163" type="witnessName">
<interp inst="t18760228-name-163" type="gender" value="male"/>
<interp inst="t18760228-name-163" type="surname" value="GREEN"/>
<interp inst="t18760228-name-163" type="given" value="ROBERT"/>ROBERT GREEN</persName> </hi>. I am potman to Mr. Stokes who keeps the Pearson Arms, about 8 o'clock in the evening of the 29th January some boys came in and told me something in consequence of which I went towards Notting-ham Place—I followed the boys who gave the notice and caught the pri
<lb/>soner about the middle of Parker Street—the boy Harris was following him—I said "Is this the man?" and he said "Yes," and some of the lads who were following were calling "Stop thief!"—I took him by the collar and brought him back to the Pearson Arms—I did not take notice of the fog.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I don't know whether the prisoner had his hands in his pockets—he was walking sharp, I would not swear that he was not walking along with both hands in his pockets, it was rather
<hi rend="italic">foggy.</hi> </p>
<xptr type="pageFacsimile" doc="187602280040"/>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-164" type="witnessName">
<interp inst="t18760228-name-164" type="gender" value="male"/>
<interp inst="t18760228-name-164" type="surname" value="KINGSLEY"/>
<interp inst="t18760228-name-164" type="given" value="JAMES"/>JAMES KINGSLEY</persName> </hi> (
<hi rend="italic">Policeman M</hi> 228). I took the prisoner into custody at the Pearson Arms.</p>
<p>
<hi rend="smallCaps">
<rs id="t18760228-229-verdict-1" type="verdictDescription">
<interp inst="t18760228-229-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760228-229-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<p>
<hi rend="italic">He also</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to a previous conviction on the 15th June</hi>, 1874,
<hi rend="italic">at Clerkenwell**</hi>
<rs id="t18760228-229-punishment-31" type="punishmentDescription">
<interp inst="t18760228-229-punishment-31" type="punishmentCategory" value="imprison"/>
<interp inst="t18760228-229-punishment-31" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-229-18760228 t18760228-229-punishment-31"/>
<hi rend="italic">Ten Years' Penal Servitude,</hi> </rs>
<rs id="t18760228-229-punishment-32" type="punishmentDescription">
<interp inst="t18760228-229-punishment-32" type="punishmentCategory" value="corporal"/>
<interp inst="t18760228-229-punishment-32" type="punishmentSubcategory" value="whipping"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-229-18760228 t18760228-229-punishment-32"/>
<hi rend="italic">To be twice flogged at an interval of a month; on each occasion to receive twenty lashes.</hi> </rs>
<hi rend="italic"> The Court ordered a reward of 51. to be paid to the boy William Harris.</hi> </p> </div1>
<div1 type="trialAccount" id="t18760228-230">
<interp inst="t18760228-230" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-230" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-230-charge-1" targOrder="Y" targets="def1-230-18760228 t18760228-230-offence-1 t18760228-230-verdict-1"/>
<p>230.
<persName id="def1-230-18760228" type="defendantName">
<interp inst="def1-230-18760228" type="gender" value="male"/>
<interp inst="def1-230-18760228" type="age" value="20"/>
<interp inst="def1-230-18760228" type="surname" value="JONES"/>
<interp inst="def1-230-18760228" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM JONES</hi> (20)</persName>
<rs id="t18760228-230-offence-1" type="offenceDescription">
<interp inst="t18760228-230-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18760228-230-offence-1" type="offenceSubcategory" value="indecentAssault"/>, Unlawfully and indecently assaulting one
<persName id="t18760228-name-166" type="victimName">
<interp inst="t18760228-name-166" type="gender" value="male"/>
<interp inst="t18760228-name-166" type="surname" value="BURKART"/>
<interp inst="t18760228-name-166" type="given" value="HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18760228-230-offence-1 t18760228-name-166"/>Henry Burkart</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MR. SIMS</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>
<hi rend="italic">the Defence</hi>,</p>
<p>
<hi rend="smallCaps">
<rs id="t18760228-230-verdict-1" type="verdictDescription">
<interp inst="t18760228-230-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760228-230-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18760228-230-punishment-33" type="punishmentDescription">
<interp inst="t18760228-230-punishment-33" type="punishmentCategory" value="imprison"/>
<interp inst="t18760228-230-punishment-33" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-230-18760228 t18760228-230-punishment-33"/>Twelve Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18760228-231">
<interp inst="t18760228-231" type="uri" value="sessionsPapers/18760228"/>
<interp inst="t18760228-231" type="date" value="18760228"/>
<join result="criminalCharge" id="t18760228-231-charge-1" targOrder="Y" targets="def1-231-18760228 t18760228-231-offence-1 t18760228-231-verdict-1"/>
<p>231.
<persName id="def1-231-18760228" type="defendantName">
<interp inst="def1-231-18760228" type="gender" value="male"/>
<interp inst="def1-231-18760228" type="age" value="48"/>
<interp inst="def1-231-18760228" type="surname" value="MCDONNELL"/>
<interp inst="def1-231-18760228" type="given" value="JOHN PATRICK"/>
<hi rend="largeCaps">JOHN PATRICK McDONNELL</hi> (48)</persName>
<rs id="t18760228-231-offence-1" type="offenceDescription">
<interp inst="t18760228-231-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18760228-231-offence-1" type="offenceSubcategory" value="fraud"/>, Unlawfully obtaining credit of
<persName id="t18760228-name-168" type="victimName">
<interp inst="t18760228-name-168" type="gender" value="male"/>
<interp inst="t18760228-name-168" type="surname" value="TUCKER"/>
<interp inst="t18760228-name-168" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18760228-231-offence-1 t18760228-name-168"/>John Tucker</persName> and another for 305 lbs. weight of tea by means of fraud.
<hi rend="italic">Two other Counts</hi> for like offences.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. BESLEY</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">PEILE</hi>
<hi rend="italic">conducted the Prosecution; and</hi> Messrs.
<hi rend="smallCaps">M. WIL
<lb/>LAMS</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">FRITH</hi>
<hi rend="italic">the Defence.</hi> </p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-169" type="witnessName">
<interp inst="t18760228-name-169" type="gender" value="male"/>
<interp inst="t18760228-name-169" type="surname" value="TUCKER"/>
<interp inst="t18760228-name-169" type="given" value="JOHN"/>JOHN TUCKER</persName> </hi>. I carry on business with one partner at 9, Mincing Lane, under the firm of the National Bonus Tea Company—Mr. Arthur Ward was employed by us to get orders—about the 19th November we had a communication from Ward, which I believe was in writing; it was for six half chests of tea—I sent forward an invoice, and got this acceptance from the prisoner (
<hi rend="italic">produced</hi>)—I can identify the writing, having seen him write—this is a portion of the invoice that I sent him in a letter with a draft for him to accept, and I received back the bill accepted as it now is—I don't know when I first had a personal interview with him; it was before the 6th January—nothing of importance transpired—the bill was not due before that—I received this letter on the 4th December—I believe it is in the pri
<lb/>soner's handwriting—it is misdated by accident the 3rd November; it came to me on the 4th December. (
<hi rend="italic">Read:</hi> "No. 2a, Ponsonby, Bessborough Gardens, Pimlico, S.W. 3rd Nov., 1875 (? Dec). Messrs. John Tucker& Co. Gentlemen,—Will you have the kindness to acknowledge our accept
<lb/>ance of your draft for 20
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>., and say if you can supply a more supe
<lb/>rior class of teas in packet If you can, please reply by return of post, as we have inquiries for some; also for coffees. Yours faithfully, ho, McDonnell & Co.") I replied to this, and on the 6th December received this letter from prisoner, which I believe to be in his handwriting. (
<hi rend="italic">This acknowledged the receipt for acceptance, and contained an order for certain quantities of tea.</hi>) On the receipt of that letter I directed Mr. Ward to call upon the defendant with some labels—the order contained in this memorandum was executed by the Thursday mentioned—this is the original invoice, 24
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>. (
<hi rend="italic">produced</hi>), and this is the draft we forwarded for his acceptance, which he returned to us—I believe it is in his hand-writing, and it was accompanied by this letter. (
<hi rend="italic">This acknowledged the receipt of the invoice, and inclosed the acceptance for</hi> 24
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>.,
<hi rend="italic">Signed</hi> "No. McDonald & Co.") The 20 1/2 lbs. are struck through in the invoice, but not by me or my partner—it went forward without that line being drawn through the last item, and the amount is represented by the bill of exchange—I saw the defendant some time before the 6th January at my office, 9, Mincing Lane, but nothing of importance transpired—we addressed all our documents to Messrs. McDonnell & Co.—I did not know anything at all of
<hi rend="italic">Macdonald</hi> & Co.'s bakery and confec
<lb/>tionery, Newhampton—on or about the 6th January defendant called at my</p>
<xptr type="pageFacsimile" doc="187602280041"/>
<p>office, when, in the course of conversation, he said that the 2
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>. tea sent him on the morning of Thursday according to his order had not given satis
<lb/>faction to his customers; would I supply him with a superior article at an advanced price? the price he suggested being 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. a pound, and he then gave me instructions to forward to Ponsonby Terrace 12 lbs. in 1lb. packets at that price, which were sent to him a few days afterwards——the value was 1
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—at the same time I expressed sorrow that the tea had not given satisfaction to his customers——I afterwards went to the warehouse of Mr. Thomas Layland, of 29 and 30, Botolph Lane, where I saw a quantity of the packets of tea I had sold to the prisoner——I bought a pound packet, for which I gave is. 9
<hi rend="italic">d</hi>——the price at which I had sold it to the prisoner was either 2
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>. or 2
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>.; I cannot say which in consequence of the pencil marks being erased——I got particulars of Mr. Layland of the exact quantity of tea in his possession, which corresponded with the quantity of the second lot I had parted with, with the exception of 20 lbs., the line pointed out to me just now as being erased, and three other pounds—on the 22nd or 23rd Jan
<lb/>uary I received this letter from the prisoner (
<hi rend="italic">produced</hi>) asking me to renew the bill—about the 25th January the first bill was returned to me dishonoured—I have not called on Mr. Layland on any other occasion with" respect to this tea—I have made inquiries at Nicholson's Wharf with respect to the tea—it is all there—the second bill has not been paid——I did not receive an. acceptance for the third parcel of tea I sent amounting to 1
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.; it re
<lb/>mained in abeyance.</p>
<p>
<hi rend="italic">Cross-examined.</hi> The National Bonus Tea Company is a firm to supply tea in packets to grocers—we carry oil business at 9, Mincing Lane—the "company" is simply a name——I have a partner——Mr. Ward was our traveller—he is not now—we have discharged him——his duty was to solicit orders.</p>
<p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. He was paid by salary—he has not been paid his com
<lb/>mission, but we shall pay it——we agreed to pay him a commission on any orders he could receive, and it was to his interest to get as many orders as he could.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-170" type="witnessName">
<interp inst="t18760228-name-170" type="gender" value="male"/>
<interp inst="t18760228-name-170" type="surname" value="WARD"/>
<interp inst="t18760228-name-170" type="given" value="ARTHUR"/>AUTHUR WARD</persName> </hi>. In the month of November last year, I was a traveller. to Mr. Tucker—on the 19th November, I called at 2a, Ponsonby Terrace, and received an order for teas——it is a private residence; not a shop—I was shown into what I suppose was the dining-room——I met the defendant at the door, and I said I had been recommended to call, and he said he could not give me an order that morning, or it would only be a small one, and I took his order for sis half chests of tea——he said nothing else at that time——he offered first-class references, which I submitted to my principal, and I believe they were not asked for——I believe the six half chests came to 20
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>——I forwarded the order by post to my employei, Mr. Tucker?—I afterwards, at my principal's request, went to Bee prisoner again at 2a, Ponsonby Ter
<lb/>race with a letter, when I received from him what I believe was an acceptance in an envelope—I saw him again, I believe, about the 7th December, and took two labels with me, and asked him if he would have the packets labelled with those labels, and if he would have them priced in pencil, so as to distinguish one from the other, and he said yes, they would do, and they could put their own labels on them afterwards, and they we're to be delivered not later than Thursday morning, as he had orders from the country for them——to the best of my belief, I can scarcely recollect the exact thing he said, they would be left on his hands if not delivered by Thursday morning—I then communicated with my employer, Mr. Tucker.</p>
<xptr type="pageFacsimile" doc="187602280042"/>
<p>
<hi rend="italic">Cross-examined.</hi> Not in writing——the order was sent through the post for the second lot——I didn't take the order myself——that was afterwards, not when I called on him——I had agreed to supply him with a second lot.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760228-name-171" type="witnessName">
<interp inst="t18760228-name-171" type="gender" value="male"/>
<interp inst="t18760228-name-171" type="surname" value="LAYLAND"/>
<interp inst="t18760228-name-171" type="given" value="THOMAS"/>THOMAS LAYLAND</persName> </hi>. I am a merchant, carrying on business in Botolph Lane——I know the defendant——on the 8th December last, I advanced him 10
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. on some Kysow tea lying at Nicholson's Wharf, Thames Street, for which he gave me a warrant——the terms were that I was to hold it for four
<lb/>teen days——he came to me at the expiration of the fourteen days, and asked me to hold it over, or try to sell it for him, and I sent my traveller round to the tea people and tried to get orders for it, and eventually sold it to a party in the Minories——I afterwards had another transaction with regard to some tea in packets, which was labelled "N. B. T. C."——I bought the tea at 1
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. per lb.——I have never seen this invoice before (
<hi rend="italic"