<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<p>Sessions Paper.</p>
<p>Short-hand Writers to the Court,</p>
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<p>On the Queen's Commission of</p>
<p>The City of London,</p>
<p>OF THE</p>
<p>Held on Monday, April 3rd, 1876, and following days,</p>
<hi rend="smallCaps">BEFORE THE RIGHT HON</hi>.
<hi rend="largeCaps">
<persName id="t18760403-name-1" type="judiciaryName">
<interp inst="t18760403-name-1" type="gender" value="male"/>
<interp inst="t18760403-name-1" type="surname" value="COTTON"/>
<interp inst="t18760403-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="t18760403-name-2" type="judiciaryName">
<interp inst="t18760403-name-2" type="gender" value="male"/>
<interp inst="t18760403-name-2" type="surname" value="POLLOCK"/>
<interp inst="t18760403-name-2" type="given" value="CHARLES EDWARD"/>CHARLES EDWARD POLLOCK</persName> </hi>, Knt., one of the Barons of Her Majesty's Court of Exchequer;
<hi rend="smallCaps">THOMAS QUESTED FINNIS</hi>, Esq., Sir
<hi rend="smallCaps">WILLIAM ANDERSON KOBE</hi>, Knt.,
<hi rend="smallCaps">WILLIAM FERNELEY ALLEN</hi>, Esq., Sir
<hi rend="smallCaps">
<persName id="t18760403-name-3" type="judiciaryName">
<interp inst="t18760403-name-3" type="gender" value="male"/>
<interp inst="t18760403-name-3" type="surname" value="WATERLOW"/>
<interp inst="t18760403-name-3" type="given" value="SIDNEY HEDLEY"/>SIDNEY HEDLEY WATERLOW</persName> </hi>, Knt., M.P.,
<hi rend="smallCaps">
<persName id="t18760403-name-4" type="judiciaryName">
<interp inst="t18760403-name-4" type="gender" value="male"/>
<interp inst="t18760403-name-4" type="surname" value="FIGGINS"/>
<interp inst="t18760403-name-4" type="given" value="JAMES"/>JAMES FIGGINS</persName> </hi>, Esq., Aldermen of the said City; Sir
<hi rend="smallCaps">
<persName id="t18760403-name-5" type="judiciaryName">
<interp inst="t18760403-name-5" type="gender" value="male"/>
<interp inst="t18760403-name-5" type="surname" value="CHAMBERS"/>
<interp inst="t18760403-name-5" 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="t18760403-name-6" type="judiciaryName">
<interp inst="t18760403-name-6" type="gender" value="male"/>
<interp inst="t18760403-name-6" type="surname" value="KERB"/>
<interp inst="t18760403-name-6" type="given" value="ROBERT MALCOLM"/>ROBERT MALCOLM KERB</persName> </hi>, Esq., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.</p>
<persName id="t18760403-name-7" type="judiciaryName">
<interp inst="t18760403-name-7" type="gender" value="male"/>
<interp inst="t18760403-name-7" type="surname" value="KNIGHT"/>
<interp inst="t18760403-name-7" type="given" value="HENRY EDMUND"/>Henry Edmund Knight. Esq</persName>., Alderman.</p>
<p>Edgar Breffit, Esq.</p>
<hi rend="italic">Sheriffs.</hi> </p>
<persName id="t18760403-name-8" type="judiciaryName">
<interp inst="t18760403-name-8" type="gender" value="male"/>
<interp inst="t18760403-name-8" type="surname" value="BAYLIS"/>
<interp inst="t18760403-name-8" type="given" value="EDGAR ALEXANDER"/>Edgar Alexander Baylis</persName>, Esq.</p>
<persName id="t18760403-name-9" type="judiciaryName">
<interp inst="t18760403-name-9" type="gender" value="male"/>
<interp inst="t18760403-name-9" type="surname" value="HOME"/>
<interp inst="t18760403-name-9" type="given" value="HENRY"/>Henry Home</persName> wood Crawford, Esq.</p>
<hi rend="italic">Under-Sheriffs</hi> </p>
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<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<hi rend="largeCaps">COTTON, MAYOR. SIXTH SESSION</hi>.</p>
<hi rend="italic">A star</hi> (*)
<hi rend="italic">denotes that prisoners have been previously in custody—two stars</hi> (**)
<hi rend="italic">that they have been more than once in custody—an obelisk</hi> (f)
<hi rend="italic">that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.</hi> </p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Monday, April</hi> 3
<hi rend="italic">rd</hi>, 1876.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
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<interp inst="def1-259-18760403" type="age" value="26"/>
<interp inst="def1-259-18760403" type="surname" value="RICHARDSON"/>
<interp inst="def1-259-18760403" type="given" value="ALBERT"/>
<hi rend="largeCaps">ALBERT RICHARDSON</hi> (26)</persName>, was indicted
<rs id="t18760403-259-offence-1" type="offenceDescription">
<interp inst="t18760403-259-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18760403-259-offence-1" type="offenceSubcategory" value="fraud"/> for unlawfully ob
<lb/>taining 65
<hi rend="italic">l</hi>. and 120
<hi rend="italic">l</hi>. of
<persName id="t18760403-name-11" type="victimName">
<interp inst="t18760403-name-11" type="gender" value="male"/>
<interp inst="t18760403-name-11" type="surname" value="ATTENBOROUGH"/>
<interp inst="t18760403-name-11" type="given" value="ROBERT PERCY"/>
<join result="offenceVictim" targOrder="Y" targets="t18760403-259-offence-1 t18760403-name-11"/>Robert Percy Attenborough</persName>, by false pretences.</rs> </p>
<hi rend="smallCaps">MR. BESLEY</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. ATTENBOROUGH</hi>
<hi rend="italic">conducted the Prosecution; and</hi> </p>
<hi rend="smallCaps">
<persName id="t18760403-name-12" type="witnessName">
<interp inst="t18760403-name-12" type="gender" value="male"/>
<interp inst="t18760403-name-12" type="surname" value="WILLIAMS"/>
<interp inst="t18760403-name-12" type="given" value="MONTAGU"/>MR. MONTAGU WILLIAMS</persName> </hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760403-name-13" type="witnessName">
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<interp inst="t18760403-name-13" type="given" value="ROBERT PERCY"/>ROBERT PERCY ATTENBOROUGH</persName> </hi>. I am a pawnbroker, at 11, Greek Street, Soho—on 26th July last, the prisoner came and wished to borrow some money on some furs—he brought forty-three sables, a gold watch, and a ring—I asked who he was, and he produced this bill head; I then asked him as to the value of the property—he produced this invoice and said it represented forty of the forty-three sables that he brought—I remarked that the invoice purported that the sables had tails, and those he produced had no tails—he said he had cut off the tails and used them in his business for muffs, &c.—I said that the invoice represented forty, whereas the goods offered were forty-three sables—he said he had brought three sables from his stock—I then lent him 65
<hi rend="italic">l</hi>. on this agreement note; I lent the money, believing that the forty skins cost 125
<hi rend="italic">l</hi>.—before I lent the money he signed this agreement note. (
<hi rend="italic">This was dated 26th July</hi>, 1875,
<hi rend="italic">signed "M. Bernard Co.</hi>, 3,
<hi rend="italic">Princes Street, Finsbury"</hi>) He showed me a letter or telegram and stated that he had to take up an acceptance which had been dishonoured—I am a judge of the value of jewellery—the value of the watch and ring is from 3
<hi rend="italic">l</hi>. to 3
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>.—after he had got the money the skins were done up in a parcel and sent, upstairs into the warehouse, the. jewellery was done up with the invoice and sent downstairs into the plate-room, and the ticket No. 802 was pinned on to the skins, which number corresponded with the number of the agreement which the prisoner signed—at the expiration of the term the goods were sent to public sale; but there was no bid for them—I went to Mr. Davis, and afterwards went to the police-court.</p>
<hi rend="italic">Cross-examined.</hi> I advanced the 65
<hi rend="italic">l</hi>., believing the skins cost 125
<hi rend="italic">l</hi>.—I have a good many establishments at the West-end—I have not a good deal of experience in furs—the prisoner came to me three times—he pledged furs on two occasions, this was the first transaction: he came and. had</p>
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<p>another loan of 120
<hi rend="italic">l</hi>.—I have four assistants on the premises; I advanced the money without inquiring as to the value of the furs, that is not the way I generally do business, but my manager was away on his holiday, and therefore I had nobody I could send out—I thought I had a good property from the representations made—"Bernard Co." I presume means a partner; I don't know it of my own actual knowledge that he had a p partner—I have not tried to find out, or inquired—I found out that the invoice was a fraudulent one after I had sent the goods to sale, I first found out that the furs were not of the value, I supposed—he did not leave some of the goods with me first of all for me to look at—he came into my private office—he was there from fifteen to twenty minutes—from three to five days elapsed between the first and second time of his coming—I believe he brought all the 120 skins together to me on the second occasion—perhaps I said before the Magistrate that he first brought eighty and forty subsequently; if it is put down I presume I did say so—any fool would know that the tails were gone from the furs—the skins are all here—I will not say that this was the first transaction in skins that I ever had, but it was the first one I can remember, certainly the first to this amount, I may have had a skin for 1
<hi rend="italic">l</hi>. or something of that sort—shortly before this I had a great quantify of sealskins left, but I did not lend any money on them, they had been in the house ten years.</p>
<hi rend="italic">Re-examined.</hi> He produced an invoice on the second occasion—I have not got back my 120
<hi rend="italic">l</hi>., the third time he came I believe was on 3rd August, and he wanted some more money lent; I did not see him then; I implicitly believed in this document, without such a document I would not have parted with the 65
<hi rend="italic">l</hi>.—I did not advance anything on the third parcel of skins; I kept them—they were perhaps of the value of 10
<hi rend="italic">l</hi>. or 15
<hi rend="italic">l</hi>.; I have kept them up to this time and refused to give them up—I may have said that his partner brought the third lot.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-14" type="witnessName">
<interp inst="t18760403-name-14" type="gender" value="male"/>
<interp inst="t18760403-name-14" type="surname" value="SANDERSON"/>
<interp inst="t18760403-name-14" type="given" value="EDWARD"/>EDWARD SANDERSON</persName> </hi>. I am assistant to Mr. Attenborough, and have been so for seven years—on 26th July, I saw the prisoner in the passage, leading to the office—immediately after Mr. Attenborough had advanced the 65
<hi rend="italic">l</hi>., the furs, the gold watch and ring were handed to me; I wrapped up the watch and ring with the invoice, and put this ticket on it, written in private figures, the furs were done up separately and a ticket put on them and sent upstairs, where large parcels are kept—the watch and ring were sent, down to the plate-room—I should think the prisoner was there from fifteen to twenty minutes.</p>
<hi rend="italic">Cross-examined.</hi> I did not hear what passed—there was the usual con
<lb/>versation over it—I looked at the furs after they were pledged; I was not there on the second or third occasion.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-15" type="witnessName">
<interp inst="t18760403-name-15" type="gender" value="male"/>
<interp inst="t18760403-name-15" type="surname" value="DAVIS"/>
<interp inst="t18760403-name-15" type="given" value="MAURICE"/>MAURICE DAVIS</persName> </hi>. I carry on business in partnership at 4, Jewin Crescent, City, in the name of W. Davis Co., fur skin merchants—this is one of my printed memorandum forms—I do not know the writing on this paper—there has been no such transaction with my firm as is represented there—no one in jay firm authorised the making of such a memorandum—I have do idea how that memorandum came off my premises, we never had any trans
<lb/>action with the prisoner—I don't know him—I have looked at these skins; I should say the outside value of them would be between 20
<hi rend="italic">l</hi>. and.25
<hi rend="italic">l</hi>.—skins vary greatly in value, from 2
<hi rend="italic">s</hi>. to 8
<hi rend="italic">l</hi>. or 10
<hi rend="italic">l</hi>., according to quality.</p>
<hi rend="italic">Cross-examined.</hi> I don't know the firm of Bernard, of Finsbury Square—I never heard of it—I know Bernard, of Finsbury Square, personally—I don't know that he is a dealer in skins—! don't remember saying before</p>
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<p>the Magistrate "I know Bernard, of Finsbury Square personally, he has been to our place of business"—I have seen Bernard once or twice—I don't know whether he was in partnership with the prisoner—I knew he was something in the fur trade—I have not had any dealings with him, nor has my firm—the firm consists of myself, my father and brother—I am not always there, if I am not my brother is—this is not the writing of any person in our firm.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-16" type="witnessName">
<interp inst="t18760403-name-16" type="gender" value="male"/>
<interp inst="t18760403-name-16" type="surname" value="SHRIVES"/>
<interp inst="t18760403-name-16" type="given" value="PHILIP"/>PHILIP SHRIVES</persName> </hi> (
<hi rend="italic">Detective Officer C</hi>). I took the prisoner into custody on
<hi rend="italic">loath</hi> February—I asked him if his name—was Bernard, he said, "No, it is not,"' 1 he was in company with another person who he said was Bernard—I said "Well, you are the person I want, and I shall take you, I have a warrant against you for obtaining 65
<hi rend="italic">l</hi>. from Mr. Attenborough."</p>
<hi rend="italic">Cross-examined.</hi> The other person went part of the way with me to the station, and then he went away—Sanderson came up after I had stopped the prisoner.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-17" type="witnessName">
<interp inst="t18760403-name-17" type="gender" value="male"/>
<interp inst="t18760403-name-17" type="surname" value="SANDERSON"/>
<interp inst="t18760403-name-17" type="given" value="EDWARD"/>EDWARD SANDERSON</persName> </hi> (
<hi rend="italic">re-examined</hi>). I saw the person who was with the prisoner, I did not know him by the name of Bernard, I know him by the name of Mitchell—I don't know that he was the prisoner's partner, he did not tell me so.</p>
<p>R. P.
<hi rend="smallCaps">ATTENBOROUGH</hi> (
<hi rend="italic">re-examined</hi>). The furs upon which the prisoner got 120
<hi rend="italic">l</hi>. were sent to auction and they were bought in without a bid—when he came the third time the skins were stopped, that was without his consent; he did not summons me to the police-court for detaining them, but Mr. Knox sent a constable and asked me to come round, and I went before Mr. Knox and explained the matter—I satisfied him that the 120
<hi rend="italic">l</hi>. had been fraudulently obtained, and he said that there was not a shadow of a stain resting upon me—when I left the Court the clerk came out with me, the prisoner was annoying me in the street, and the clerk said, "You had better come round to the police-station and be charged, rather than let him follow you", I did so, and the inspector refused to take the charge.</p>
<hi rend="italic">By the Prisoner.</hi> The third parcel was brought early in August—your proceedings against me before Mr. Knox took place, I think, on the 6th or 7th—I will swear it was within three days of the goods being stopped when. you called on me to ask why I detained the goods your partner brought—I stated that I had grave suspicions as to the value of. the goods already pledged—you did not ask me to go with you to any furriers and if the goods were not worth 200
<hi rend="italic">l</hi>. I should keep the eighty-two skins, and put them to the others till they were removed.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE JUTY</hi>. When the prisoner first came he asked for a loan—I don't know that I reduced the amount "he asked, we do not necessarily depreciate the value of goods offered; our value is, what goods will realise at public auction—it was two months afterwards that I found the invoice was a forgery.</p>
<hi rend="smallCaps">
<rs id="t18760403-259-verdict-1" type="verdictDescription">
<interp inst="t18760403-259-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760403-259-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.
<hi rend="italic">He also</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to having been previously convicted at this Court in February, 1873—
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<interp inst="t18760403-259-punishment-1" type="punishmentCategory" value="imprison"/>
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<join result="defendantPunishment" targOrder="Y" targets="def1-259-18760403 t18760403-259-punishment-1"/>Seven Years Penal Servitude.</rs> </hi> </p> </div1>
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<hi rend="largeCaps">THOMAS MORTON</hi> (53)</persName>,
<hi rend="italic">and</hi>
<persName id="def2-260-18760403" type="defendantName">
<interp inst="def2-260-18760403" type="gender" value="female"/>
<interp inst="def2-260-18760403" type="surname" value="MORTON"/>
<interp inst="def2-260-18760403" type="given" value="ADELINE"/>
<hi rend="largeCaps">ADELINE MORTON</hi> </persName> were indicted for
<rs id="t18760403-260-offence-1" type="offenceDescription">
<interp inst="t18760403-260-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760403-260-offence-1" type="offenceSubcategory" value="simpleLarceny"/> stealing on
<rs id="t18760403-cd-1" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18760403-260-offence-1 t18760403-cd-1"/>18th February</rs>, 31b. of mutton and other goods, the property of the
<persName id="t18760403-name-20" type="victimName">
<interp inst="t18760403-name-20" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18760403-260-offence-1 t18760403-name-20"/>Governors of St. Bartholomew's Hospital</persName>,
<hi rend="italic">two</hi> other counts for stealing other property on
<rs id="t18760403-cd-2" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18760403-260-offence-1 t18760403-cd-2"/>19th</rs> and
<rs id="t18760403-cd-3" type="crimeDate">
<join result="offenceCrimeDate" targOrder="Y" targets="t18760403-260-offence-1 t18760403-cd-3"/>25th February</rs>, and </rs>
<persName id="def3-260-18760403" type="defendantName">
<interp inst="def3-260-18760403" type="gender" value="male"/>
<interp inst="def3-260-18760403" type="age" value="26"/>
<interp inst="def3-260-18760403" type="surname" value="LEADBETTER"/>
<interp inst="def3-260-18760403" type="given" value="SAMUEL"/>
<hi rend="largeCaps">SAMUEL LEADBETTER</hi> (26)</persName>
<rs id="t18760403-260-offence-2" type="offenceDescription">
<interp inst="t18760403-260-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18760403-260-offence-2" type="offenceSubcategory" value="receiving"/>, feloniously receiving the same.</rs> </p>
<hi rend="largeCaps">THOMAS MORTON</hi>
<hi rend="italic">and</hi>
<hi rend="largeCaps">LEADBETTER</hi>
<hi rend="smallCaps">
<rs id="t18760403-260-verdict-1" type="verdictDescription">
<interp inst="t18760403-260-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760403-260-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.
<hi rend="italic">No evidence was offered against</hi> </p>
<hi rend="largeCaps">ADELINE MORTON</hi>
<rs id="t18760403-260-verdict-2" type="verdictDescription">
<interp inst="t18760403-260-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18760403-260-verdict-2" type="verdictSubcategory" value="noEvidence"/>
<hi rend="smallCaps">NOT GUILTY</hi>.</rs>
<hi rend="largeCaps">THOMAS MORTON</hi>,
<rs id="t18760403-260-punishment-2" type="punishmentDescription">
<interp inst="t18760403-260-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18760403-260-punishment-2" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-260-18760403 t18760403-260-punishment-2"/>Eighteen
<hi rend="italic">Month' Imprisonment.</hi> </rs> </p>
<hi rend="largeCaps">LEADBETTER</hi>,
<hi rend="italic">
<rs id="t18760403-260-punishment-3" type="punishmentDescription">
<interp inst="t18760403-260-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18760403-260-punishment-3" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-260-18760403 t18760403-260-punishment-3"/>Fifteen Month's Imprisonment.</rs> </hi> </p> </div1>
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<interp inst="t18760403-261" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-261-charge-1" targOrder="Y" targets="def1-261-18760403 t18760403-261-offence-1 t18760403-261-verdict-1"/>
<xptr type="pageFacsimile" doc="187604030006"/>
<persName id="def1-261-18760403" type="defendantName">
<interp inst="def1-261-18760403" type="gender" value="male"/>
<interp inst="def1-261-18760403" type="age" value="38"/>
<interp inst="def1-261-18760403" type="surname" value="IRVINE"/>
<interp inst="def1-261-18760403" type="given" value="WILLIAM ALEXANDER"/>
<hi rend="largeCaps">WILLIAM ALEXANDER IRVINE</hi> (38)</persName>
<rs id="t18760403-261-offence-1" type="offenceDescription">
<interp inst="t18760403-261-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18760403-261-offence-1" type="offenceSubcategory" value="fraud"/>, Unlawfully obtaining 2
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. of
<persName id="t18760403-name-23" type="victimName">
<interp inst="t18760403-name-23" type="gender" value="male"/>
<interp inst="t18760403-name-23" type="surname" value="TAYLOR"/>
<interp inst="t18760403-name-23" type="given" value="WILLIAM THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18760403-261-offence-1 t18760403-name-23"/>William Thomas Taylor</persName>, by false pretences.
<hi rend="italic">Second Count—</hi> Obtaining 8
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. from
<persName id="t18760403-name-24" type="victimName">
<interp inst="t18760403-name-24" type="gender" value="female"/>
<interp inst="t18760403-name-24" type="surname" value="GUYER"/>
<interp inst="t18760403-name-24" type="given" value="ANN"/>
<join result="offenceVictim" targOrder="Y" targets="t18760403-261-offence-1 t18760403-name-24"/>Ann Guyer</persName>.</rs> </p>
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. WARNER SLEIGH</hi> the
<hi rend="italic">Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760403-name-25" type="witnessName">
<interp inst="t18760403-name-25" type="gender" value="male"/>
<interp inst="t18760403-name-25" type="surname" value="TAYLOR"/>
<interp inst="t18760403-name-25" type="given" value="WILLIAM THOMAS"/>WILLIAM THOMAS TAYLOR</persName> </hi>. I am a florist, and live at 10, Sandhurst Terrace, Kensal Green—on 18th September, the prisoner called on me and said he was very pleased that I had attended to his father's and late wife's graves, and he wished to settle my account, it was 1
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>.—he tendered me this cheque for 4
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., written on plain paper, drawn on the Continental Bank, Lombard Street, signed, W. A. Irvine—I gave him the difference, 2
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>—I paid the cheque to my butcher, and after a few days it was returned to me marked, "No account"—the prisoner gave me his address," 2, The Terrace, Richmond"—I made enquiries there, I found it was an empty house—I communicated with the police and called at his mother's, 6, Somerset Terrace, Kilburn—I did not see him there—I afterwards obtained a warrant for his apprehension.</p>
<hi rend="italic">Cross-examined.</hi> I have known the prisoner between two and three years as an occasional customer—I received one cheque from him before in the early part of.1875, from Belgian; it was a cheque for 50 francs, on a Belgian Bank—that was not" to be paid through the Continental Bank—I believed him to be a respectable gentleman—when he gave me the cheque for 4
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. he said he had just come from Belgium, and asked me to excuse it being on plain paper as he had not sufficient time to get his cheque-book—he did not tell me that his account was transferred from Belgium to the Continental Bank.</p>
<hi rend="italic">Re-examined.</hi> I believed the cheque would be paid when presented—I don't think I should have given him the difference if I had not believed it would be paid, if he had been an entire stranger I don't think I should have done so.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-26" type="witnessName">
<interp inst="t18760403-name-26" type="gender" value="male"/>
<interp inst="t18760403-name-26" type="surname" value="HUMPHREYS"/>
<interp inst="t18760403-name-26" type="given" value="GEORGE"/>GEORGE HUMPHREYS</persName> </hi>. I am a cashier at the Continental Bank, Lom
<lb/>bard Street, and have been so for about two years—this cheque was pre
<lb/>sented—there is no account in the name of Irvine, and never has been—it is marked "No account"—that was done by our principal; I know his writing, he has now left the firm.</p>
<hi rend="italic">Cross-examined.</hi> I don't know that ours is the principal bank in London, for transferring accounts from abroad, such a thing might be done, it is not a regular thing with us, it is not very often done; I don't remember such an occurrence; I never heard of such a thing—I am not the cashier to whom this cheque was presented; I know there is no such customer as Irvine; I know the names of all the customers—there is a ledger keeper—it is not my duty to keep the books.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-27" type="witnessName">
<interp inst="t18760403-name-27" type="gender" value="female"/>
<interp inst="t18760403-name-27" type="surname" value="GUYER"/>
<interp inst="t18760403-name-27" type="given" value="ANN"/>ANN GUYER</persName> </hi>. I am single and live at 2, Russell Gardens, Kensington—I am post mistress there—on 8th or 9th December, the prisoner came to me; I had known him before by frequently calling at the post-office—he asked me how the post-office was getting on, and after a little conversation he asked me if I could change a cheque for him—I said I could not then, but I might later in the day—he called later in the day and presented this cheque. (
<hi rend="italic">This was dated 6th December</hi>, 1875, for 12
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. dram by W. R. Irwine, 36, Leinster Square, on the Union Bank of London, Princes Street, payable to bearer.) I gave him the money for it—I asked him his address—he said his private address was Leinster Square, and his business</p>
<xptr type="pageFacsimile" doc="187604030007"/>
<p>address was the
<hi rend="italic">Echo</hi> office—this "W. R. Irwine,
<hi rend="italic">Echo</hi> office, Circus, London," was written on the back of the cheque—I did not see him write it; he said either of those addresses would find him—the cheque was not crossed when he gave it to me; I seat it to the post-office as a remittance, it was after
<lb/>wards returned to me marked "No account."</p>
<hi rend="italic">Cross-examined.</hi> I did not go to the
<hi rend="italic">Echo</hi> office, my sister did, she is not here.</p>
<hi rend="smallCaps">
<rs id="t18760403-261-verdict-1" type="verdictDescription">
<interp inst="t18760403-261-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760403-261-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18760403-262">
<interp inst="t18760403-262" type="uri" value="sessionsPapers/18760403"/>
<interp inst="t18760403-262" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-262-charge-1" targOrder="Y" targets="def1-262-18760403 t18760403-262-offence-1 t18760403-262-verdict-1"/>
<persName id="def1-262-18760403" type="defendantName">
<interp inst="def1-262-18760403" type="gender" value="male"/>
<interp inst="def1-262-18760403" type="age" value="38"/>
<interp inst="def1-262-18760403" type="surname" value="IRVINE"/>
<interp inst="def1-262-18760403" type="given" value="WILLIAM ALEXANDER"/>
<hi rend="largeCaps">WILLIAM ALEXANDER IRVINE</hi> </persName> was
<hi rend="italic">again</hi> indicted
<rs id="t18760403-262-offence-1" type="offenceDescription">
<interp inst="t18760403-262-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18760403-262-offence-1" type="offenceSubcategory" value="forgery"/> for felon
<lb/>ionsly forging and uttering an order for the payment of 15
<hi rend="italic">l</hi>. with intent to defraud.</rs> </p>
<hi rend="smallCaps">
<persName id="t18760403-name-29" type="witnessName">
<interp inst="t18760403-name-29" type="gender" value="male"/>
<interp inst="t18760403-name-29" type="surname" value="VARGUES"/>
<interp inst="t18760403-name-29" type="given" value="PAUL"/>PAUL VARGUES</persName> </hi>. I keep an hotel in Leicester Square—the prisoner came there in December, and remained about nine days—every day he was at the hotel, he was going the next day, on the 8th day he asked me if I should be able to.' cash a cheque for him—I said yes—he said he was unable to cash it on account of its being crossed, but I could pass it through my bankers—I said "Very well, have you got the cheque"—he said "I will give it you to-morrow"—I said "If you have it, give it me now, and I will send It to my bankers and have it cashed it to-morrow—he gave me this cheque. (
<hi rend="italic">This was dated 25th December</hi>, 1875,
<hi rend="italic">and purported to be drawn by R.C. Wyley, on the Union Bank Princes Street, for 151. endorsed E. G. Irvine</hi>, 6,
<hi rend="italic">Somerset Terrace"</hi>) He gave me the cheque on Friday the 29th—on the Saturday afternoon he came down with his portmanteau, said he was going, and handed me an address in France, his father-in-law's, where I could send the balance of the cheque—I said "I don't know that this cheque will be paid, I can't allow you to take your luggage away"—he said "It will be paid all right"—I said "But you cannot take your luggage till I get an answer from the bank"—about, an hour after the porter of the bank came back with the cheque "marked "No account"—I did not let him take his portmanteau—he went away and said "If I cannot come back I will send my messenger and you will give him my portmanteau and the balance"—he never came back or sent any messenger.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-30" type="witnessName">
<interp inst="t18760403-name-30" type="gender" value="male"/>
<interp inst="t18760403-name-30" type="surname" value="MANN"/>
<interp inst="t18760403-name-30" type="given" value="JOHN CHARLES"/>JOHN CHARLES MANN</persName> </hi>. I am chief ledger keeper at the Union Bank of London, Princes Street—this cheque was presented there—we have no account in the name of the drawer; "No account" was put on it by my direction—we have a customer named Wylie, but the name is spelt dif
<lb/>ferently, and the initials are different.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-31" type="witnessName">
<interp inst="t18760403-name-31" type="gender" value="male"/>
<interp inst="t18760403-name-31" type="surname" value="URBAN"/>
<interp inst="t18760403-name-31" type="given" value="GEORGE"/>GEORGE URBAN</persName> </hi> (
<hi rend="italic">Detective Officer A</hi>). I took the prisoner on another charge—I showed him the cheque for 12
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., I did not mention this charge—I received this 15
<hi rend="italic">l</hi>. cheque from Mr. Vargues—I have Been the prisoner write—to the best of my belief the body and signature of this cheque is in his handwriting—there is no address of the drawer on this cheque—I found this other cheque on him. (
<hi rend="italic">This was dated 8th June</hi>, 1876, for 15
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>.,
<hi rend="italic">purporting to be drawn by R. C. Wyley</hi>, 84,
<hi rend="italic">Cannon Street, on the Union Bank, Princes Street, endorsed E. C. Irvine.</hi>) In con
<lb/>sequence of the address on that cheque I found Mr. Wyley.</p>
<hi rend="italic">Cross-examined.</hi> It was at the police-station that I saw the prisoner write—he wrote a letter to a friend—I posted it—the inspector was present at the time I took it from the prisoner—he gave it me open; I said I should want to see what it was—I read it in his presence, and it was then put in an envelope and closed—that was the only opportunity I had of seeing him write—it was not exactly similar writing to the cheque, but I</p>
<xptr type="pageFacsimile" doc="187604030008"/>
<p>believe both to be his writing—I compared the cheque with the letter and with other writing as well—I have a number of letters and scraps of paper here—the letter was addressed to Mr. Mann or Manning,
<hi rend="italic">Railway Record</hi> Office, Fleet Street.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-32" type="witnessName">
<interp inst="t18760403-name-32" type="gender" value="male"/>
<interp inst="t18760403-name-32" type="surname" value="WYLIE"/>
<interp inst="t18760403-name-32" type="given" value="ALAN CARSWELL"/>ALAN CARSWELL WYLIE</persName> </hi>. I am an engineer, of 84, Cannon Street—the signature to these cheques is not mine, or written with my authority—there is no other Mr. Wylie in Cannon Street.</p>
<hi rend="italic">Cross-examined.</hi> The prisoner is an entire stranger to me, I never saw him till he was arrested.</p>
<rs id="t18760403-262-verdict-1" type="verdictDescription">
<interp inst="t18760403-262-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760403-262-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of Uttering</hi> </rs>
<rs id="t18760403-262-punishment-4" type="punishmentDescription">
<interp inst="t18760403-262-punishment-4" type="punishmentCategory" value="noPunish"/>
<interp inst="t18760403-262-punishment-4" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-262-18760403 t18760403-262-punishment-4"/>
<hi rend="italic">Judgment respited.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18760403-263">
<interp inst="t18760403-263" type="uri" value="sessionsPapers/18760403"/>
<interp inst="t18760403-263" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-263-charge-1" targOrder="Y" targets="def1-263-18760403 t18760403-263-offence-1 t18760403-263-verdict-1"/>
<persName id="def1-263-18760403" type="defendantName">
<interp inst="def1-263-18760403" type="gender" value="male"/>
<interp inst="def1-263-18760403" type="age" value="28"/>
<interp inst="def1-263-18760403" type="surname" value="DIXON"/>
<interp inst="def1-263-18760403" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN DIXON</hi> (28)</persName>
<rs id="t18760403-263-offence-1" type="offenceDescription">
<interp inst="t18760403-263-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760403-263-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing a coat and a pot of pomade, of.
<persName id="t18760403-name-34" type="victimName">
<interp inst="t18760403-name-34" type="gender" value="male"/>
<interp inst="t18760403-name-34" type="surname" value="FLICK"/>
<interp inst="t18760403-name-34" type="given" value="RICHARD WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18760403-263-offence-1 t18760403-name-34"/>Richard William Flick</persName>.</rs> </p>
<hi rend="smallCaps">MR. DENNISON</hi>
<hi rend="italic">conducted the Prosecution; and</hi> </p>
<hi rend="smallCaps">MR. A. B. KELLY</hi> the
<hi rend="italic">Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760403-name-35" type="witnessName">
<interp inst="t18760403-name-35" type="gender" value="indeterminate"/>
<interp inst="t18760403-name-35" type="surname" value="FLICK"/>
<interp inst="t18760403-name-35" type="given" value="RICHARD WILLIAM"/>RICHARD WILLIAM FLICK</persName> </hi>. I am a brewer, at Alresford, Suffolk—on 9th February I was staying at the Tavistock hotel—when I left my room in the morning I left in it my carpet bag, a frock coat and several other things, this (
<hi rend="italic">produced</hi>) is the coat—I had missed the pomade previous to missing the coat—I was present when the prisoner was brought into the manager's room and searched—I was asked by the detective if this was my coat—I said "Yes"—he asked how I could swear to it—I said by the name of the maker on the back of the collar, Scott—the prisoner said. "Oh, I get Scott to make for me very often."</p>
<hi rend="italic">Cross-examined.</hi> I left the coat hanging on a chair—I had not put it on for four or five days—I did not lock my bedroom door—I know the pomade pot by the stopper being irregular, and a part of the label having come off when I put it in warm water—it was shown to me in the manager's room—I deal with Mr. Scott, of Bond Street.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-36" type="witnessName">
<interp inst="t18760403-name-36" type="gender" value="male"/>
<interp inst="t18760403-name-36" type="surname" value="BOYLE"/>
<interp inst="t18760403-name-36" type="given" value="WILLIAM"/>WILLIAM BOYLE</persName> </hi> (
<hi rend="italic">Detective Officer E</hi>). On 9th February I went to the Tavistock hotel, and the prisoner was brought into the manager's room—I sent for the prosecutor—I asked the prisoner to undo his overcoat, and under
<lb/>neath it he was wearing this coat—the name of Scottson, 55, Bond New Bond Street, is on the collar—I pointed it out to the prosecutor, and he said "This is my coat"—I said "How do you know it"—he said "My coat has in the—band of the collar, 'Scott Son, New Bond Street, London'"—the prisoner turned round and said "Why actually that is my tailor," or words to that effect—the coat was tried on the prosecutor and it fitted him exactly—this pot of pomade was found in his carpet bag, which was locked, in the prisoner's bedroom—I opened it with a key which the pri
<lb/>soner gave me, he had a bunch of sixteen keys.</p>
<hi rend="italic">Cross-examined.</hi> He showed a good deal of reluctance in showing the coat—he did not unbutton his overcoat; I had to do it for him; he called me. all the scoundrels he could lay his tongue to, and said I had no business to do this—he did not say the coat had been left in his room by mistake—he was not charged with stealing the pomade at first, only the coat.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-37" type="witnessName">
<interp inst="t18760403-name-37" type="gender" value="male"/>
<interp inst="t18760403-name-37" type="surname" value="SCOTT"/>
<interp inst="t18760403-name-37" type="given" value="ARTHUR ROBERT"/>ARTHUR ROBERT SCOTT</persName> </hi>. I am a tailor of 55, New Bond Street—the prosecutor is an old customer of mine—this coat was made for him at my shop—not for the prisoner.</p>
<hi rend="italic">The Prisoner's Statement before the Magistrate:</hi> I shall be able to show that the coat was taken in mistake, it was left in my room and put on by mistake.</p>
<hi rend="smallCaps">
<rs id="t18760403-263-verdict-1" type="verdictDescription">
<interp inst="t18760403-263-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760403-263-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18760403-263-punishment-5" type="punishmentDescription">
<interp inst="t18760403-263-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18760403-263-punishment-5" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-263-18760403 t18760403-263-punishment-5"/>Six Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18760403-264">
<interp inst="t18760403-264" type="uri" value="sessionsPapers/18760403"/>
<interp inst="t18760403-264" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-264-charge-1" targOrder="Y" targets="def1-264-18760403 t18760403-264-offence-1 t18760403-264-verdict-1"/>
<xptr type="pageFacsimile" doc="187604030009"/>
<persName id="def1-264-18760403" type="defendantName">
<interp inst="def1-264-18760403" type="gender" value="male"/>
<interp inst="def1-264-18760403" type="age" value="28"/>
<interp inst="def1-264-18760403" type="surname" value="DIXON"/>
<interp inst="def1-264-18760403" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN DIXON</hi> </persName> was
<hi rend="italic">again</hi> indicted
<rs id="t18760403-264-offence-1" type="offenceDescription">
<interp inst="t18760403-264-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18760403-264-offence-1" type="offenceSubcategory" value="fraud"/> for unlawfully pledging certain securities which had been entrusted to him for a special purpose.</rs> </p>
<hi rend="italic">No evidence was offered on part of the prosecution</hi></p>
<hi rend="smallCaps">
<rs id="t18760403-264-verdict-1" type="verdictDescription">
<interp inst="t18760403-264-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18760403-264-verdict-1" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, April</hi> 3
<hi rend="italic">rd</hi>, 1876.</p>
<hi rend="italic">Before Robert Malcolm Kerr, Esq.</hi> </p>
<div1 type="trialAccount" id="t18760403-265">
<interp inst="t18760403-265" type="uri" value="sessionsPapers/18760403"/>
<interp inst="t18760403-265" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-265-charge-1" targOrder="Y" targets="def1-265-18760403 t18760403-265-offence-1 t18760403-265-verdict-1"/>
<persName id="def1-265-18760403" type="defendantName">
<interp inst="def1-265-18760403" type="gender" value="male"/>
<interp inst="def1-265-18760403" type="age" value="23"/>
<interp inst="def1-265-18760403" type="surname" value="WRIGHT"/>
<interp inst="def1-265-18760403" type="given" value="GAVIN"/>
<hi rend="largeCaps">GAVIN WRIGHT</hi> (23)</persName>,
<rs id="t18760403-265-verdict-1" type="verdictDescription">
<interp inst="t18760403-265-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760403-265-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>
<hi rend="smallCaps">PLEADED GUILTY</hi> </rs>
<rs id="t18760403-265-offence-1" type="offenceDescription">
<interp inst="t18760403-265-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18760403-265-offence-1" type="offenceSubcategory" value="coiningOffences"/>to unlawfully uttering counterfeit coin after a previous conviction of felony</rs> **—
<rs id="t18760403-265-punishment-6" type="punishmentDescription">
<interp inst="t18760403-265-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18760403-265-punishment-6" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-265-18760403 t18760403-265-punishment-6"/>
<hi rend="italic">Two Years' Im
<lb/>prisonment.</hi> </rs> And</p> </div1>
<div1 type="trialAccount" id="t18760403-632">
<interp inst="t18760403-632" type="uri" value="sessionsPapers/18760403"/>
<interp inst="t18760403-632" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-632-charge-1" targOrder="Y" targets="def1-632-18760403 t18760403-632-offence-1 t18760403-632-verdict-1"/>
<persName id="def1-632-18760403" type="defendantName">
<interp inst="def1-632-18760403" type="gender" value="male"/>
<interp inst="def1-632-18760403" type="age" value="17"/>
<interp inst="def1-632-18760403" type="surname" value="BLACK"/>
<interp inst="def1-632-18760403" type="given" value="JOSEPH"/>
<hi rend="largeCaps">JOSEPH BLACK</hi> (17)</persName>,
<rs id="t18760403-632-offence-1" type="offenceDescription">
<interp inst="t18760403-632-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18760403-632-offence-1" type="offenceSubcategory" value="coiningOffences"/>to unlawfully uttering counterfeit coin</rs>
<rs id="t18760403-632-punishment-7" type="punishmentDescription">
<interp inst="t18760403-632-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18760403-632-punishment-7" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-632-18760403 t18760403-632-punishment-7"/>
<hi rend="italic">Twelve Months' Imprisonment.</hi> </rs>
<rs id="t18760403-632-verdict-1" type="verdictDescription">
<interp inst="t18760403-632-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760403-632-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18760403-266">
<interp inst="t18760403-266" type="uri" value="sessionsPapers/18760403"/>
<interp inst="t18760403-266" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-266-charge-1" targOrder="Y" targets="def1-266-18760403 t18760403-266-offence-1 t18760403-266-verdict-1"/>
<persName id="def1-266-18760403" type="defendantName">
<interp inst="def1-266-18760403" type="gender" value="male"/>
<interp inst="def1-266-18760403" type="age" value="21"/>
<interp inst="def1-266-18760403" type="surname" value="HORNSBY"/>
<interp inst="def1-266-18760403" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS HORNSBY</hi> (21)</persName>
<rs id="t18760403-266-offence-1" type="offenceDescription">
<interp inst="t18760403-266-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18760403-266-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<hi rend="smallCaps">MR. CRAUFURD</hi>
<hi rend="italic">conducted the Prosecution; and</hi> </p>
<hi rend="smallCaps">MR. COLE</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760403-name-42" type="witnessName">
<interp inst="t18760403-name-42" type="gender" value="female"/>
<interp inst="t18760403-name-42" type="surname" value="LUND"/>
<interp inst="t18760403-name-42" type="given" value="JENNY"/>JENNY LUND</persName> </hi>. My father keeps the Cock and Magpie, at Hammersmith—on 5th October, about 11.45 pm., I served "the prisoner with 2
<hi rend="italic">d</hi>. worth of gin; he gave me a half-crown; I gave it to my father who said in the prisoner's hearing that it was bad and asked him if he had any more—he said "No" and that he got it from his governor, a butcher—Detective Blake, who was in the house at the time, asked him to turn out his pockets—he had only some coppers in them—the florin was put behind a tub in the bar where it remained for about a fortnight till Blake called for it, and I gave it to him—I have since recognised it—it is marked with a cross.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-43" type="witnessName">
<interp inst="t18760403-name-43" type="gender" value="male"/>
<interp inst="t18760403-name-43" type="surname" value="BLAKE"/>
<interp inst="t18760403-name-43" type="given" value="WILLIAM"/>WILLIAM BLAKE</persName> </hi> (
<hi rend="italic">Detective Officer</hi>). I was in the Cock and Magpie, and saw the prisoner served with 2
<hi rend="italic">d</hi>. of gin, he handed something to the bar
<lb/>maid, and her father said what do you call this, this is a bad one, have you any more—he said "No"—I said "Turn out your pockets' he turned them out, and he had some sixpences and coppers good—I asked him who his governor, and he told me—Miss Lund put the coin under a whiskey tub, and I afterwards got it from her—the prisoner was not charged then, but I afterwards saw him at Bow Street.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-44" type="witnessName">
<interp inst="t18760403-name-44" type="gender" value="female"/>
<interp inst="t18760403-name-44" type="surname" value="PARFIT"/>
<interp inst="t18760403-name-44" type="given" value="FRANCES JANE"/>FRANCES JANE PARFIT</persName> </hi>. I am barmaid, at the Yorkshire Stingo, Maryle-bone Road—on 11th February, about 10.30 p.m., I served the prisoner with 2
<hi rend="italic">d</hi>. worth of gin and lime juice, he gave me a half-crown—I put it in the till where there was only a sixpence and a few coppers—he left, and in about ten minutes returned and asked again for 2
<hi rend="italic">d</hi>. worth of gin and lime juice—he gave me a half-crown, I tried it and told him it was bad—he said that he must have taken it of his master—I told Mrs. Peters and Mr. Ford—the prisoner gave me a good florin, and I gave him the charge—I put the florin in the till with the half-crown, and there was then the half-crown and a sixpence there—I had taken no other coin but coppers—I said "You are the man who came in before"—he said "How do you know, I came in before?"—I said "I am sure you are the same man"—I put the half-crown in the tester, found it was bad and gave it to Ford.</p>
<hi rend="italic">Cross-examined.</hi> We do a pretty large business, that was the only till in that bar—the prisoner came right up to me the second time with the second half-crown—a policeman was sent for and he was taken in custody—the prisoner had remained in front of the bar.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-45" type="witnessName">
<interp inst="t18760403-name-45" type="gender" value="male"/>
<interp inst="t18760403-name-45" type="surname" value="FORD"/>
<interp inst="t18760403-name-45" type="given" value="GEORGE"/>GEORGE FORD</persName> </hi>. I am a barman, at the Yorkshire Stingo—on 11th February, about 10.30 I was called, and my brother showed me a bad half-crown—the prisoner was there, and I asked him who he got it from—he said from his master—I sent for a policeman and went round to the other</p>
<xptr type="pageFacsimile" doc="187604030010"/>
<p>side of the bar so that the prisoner could not get away—I went to the station with him, and on the way there I secured this other bad half-crown (
<hi rend="italic">produced</hi>) from James Hadley—I gave them both to the constable.</p>
<hi rend="italic">Cross-examined.</hi> I did not collar the prisoner, but I stood by him.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-46" type="witnessName">
<interp inst="t18760403-name-46" type="gender" value="male"/>
<interp inst="t18760403-name-46" type="surname" value="FORD"/>
<interp inst="t18760403-name-46" type="given" value="JAMES"/>JAMES FORD</persName> </hi>. I am a brother of the last witness—what he has said is correct—Miss Parfitt handed me a half-crown, and I handed it to ray brother—the prisoner asked me to look in the till, but I did not do so till after he was gone—I then found a bad half-crown, a florin, a sixpence, and some coppers—I broke a piece out of the half-crown, and gave it to James Alley, who ran not with it.</p>
<hi rend="italic">Cross-examined.</hi> The prisoner actually asked me to look in the till—the constable was there.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-47" type="witnessName">
<interp inst="t18760403-name-47" type="gender" value="male"/>
<interp inst="t18760403-name-47" type="surname" value="ALLEY"/>
<interp inst="t18760403-name-47" type="given" value="JAMES"/>JAMES ALLEY</persName> </hi>. I am a fritterer of 7, Chapel Street, Edgware Road—I was in the Yorkshire Stingo, on 11th February, and saw the prisoner given in custody—after he left I secured a half-crown from the last witness and went after them, and gave it to George Ford.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-48" type="witnessName">
<interp inst="t18760403-name-48" type="gender" value="male"/>
<interp inst="t18760403-name-48" type="surname" value="VINE"/>
<interp inst="t18760403-name-48" type="given" value="GEORGE"/>GEORGE VINE</persName> </hi> (
<hi rend="italic">Policeman D</hi> 108). I was called into the Yorkshire Stingo, and the prisoner was given into my custody—he said that his father gave him the half-crown previous to his leaving home—he asked the barman to search the till, but it was not done before we left—he did not say why he wanted it searched—I searched him at the station and found three sixpences and 6
<hi rend="italic">d</hi>. in bronze—I received these two half-crowns (
<hi rend="italic">pro
<lb/>duced</hi>) from Ford—the prisoner asked how the barmaid could be sure he had given her a half-crown.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-49" type="witnessName">
<interp inst="t18760403-name-49" type="gender" value="male"/>
<interp inst="t18760403-name-49" type="surname" value="WILSTER"/>
<interp inst="t18760403-name-49" type="given" value="WILLIAM"/>WILLIAM WILSTER</persName> </hi>. These two half-crowns are bad, and from the same mould.</p>
<hi rend="smallCaps">
<rs id="t18760403-266-verdict-1" type="verdictDescription">
<interp inst="t18760403-266-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18760403-266-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18760403-267">
<interp inst="t18760403-267" type="uri" value="sessionsPapers/18760403"/>
<interp inst="t18760403-267" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-267-charge-1" targOrder="Y" targets="def1-267-18760403 t18760403-267-offence-1 t18760403-267-verdict-1"/>
<join result="criminalCharge" id="t18760403-267-charge-2" targOrder="Y" targets="def2-267-18760403 t18760403-267-offence-1 t18760403-267-verdict-2"/>
<persName id="def1-267-18760403" type="defendantName">
<interp inst="def1-267-18760403" type="gender" value="male"/>
<interp inst="def1-267-18760403" type="age" value="38"/>
<interp inst="def1-267-18760403" type="surname" value="CLARK"/>
<interp inst="def1-267-18760403" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN CLARK</hi> (38)</persName>, and
<persName id="def2-267-18760403" type="defendantName">
<interp inst="def2-267-18760403" type="gender" value="male"/>
<interp inst="def2-267-18760403" type="age" value="24"/>
<interp inst="def2-267-18760403" type="surname" value="JOHNSON"/>
<interp inst="def2-267-18760403" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM JOHNSON</hi> (24)</persName>
<rs id="t18760403-267-offence-1" type="offenceDescription">
<interp inst="t18760403-267-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18760403-267-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully having counterfeit coin in their possession with intent to utter it.</rs> </p>
<hi rend="smallCaps">MR. CRAUFURD</hi>
<hi rend="italic">conducted the Prosecution. '</hi> </p>
<hi rend="smallCaps">
<persName id="t18760403-name-52" type="witnessName">
<interp inst="t18760403-name-52" type="gender" value="male"/>
<interp inst="t18760403-name-52" type="surname" value="DARBY"/>
<interp inst="t18760403-name-52" type="given" value="JOHN STOKES"/>JOHN STOKES DARBY</persName> </hi>. I am wharf manager to Mr. Freeman, of West
<lb/>minster—on 23rd February, about 4 p.m., Clark purchased a small piece of stone of me, which came to 9
<hi rend="italic">d</hi>.—he gave me a florin, and I gave him the change—I found five minutes afterwards that it was bad, when a private constable brought the prisoner into the counting-house and asked me if I had taken a bad florin—I had put it on a desk and it was never mixed with other money—I gave it to a constable at the police-court.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-53" type="witnessName">
<interp inst="t18760403-name-53" type="gender" value="male"/>
<interp inst="t18760403-name-53" type="surname" value="SNAYSLAND"/>
<interp inst="t18760403-name-53" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY SNAYSLAND</persName> </hi>. I am a constable in the employ of Mr. Webster, of St. Martin's Lane—on 23rd February, between three and four o'clock I was in Parliament Street, and saw Johnson, who I knew by the name of Goddard—I spoke to him, and he asked me to have a glass of ale with him—as we walked toward King Street I asked him what he was doing for a living, he said that he was show
<hi rend="italic">fle pitching—I</hi> said "What do you mean 1 he put his hand in his pocket and pulled out a lot of base coin—Clark than joined us, and I left them and watched them—I saw Clark come out of the stone yard—they beckoned me over, and I went and had a sip of ale with them—I said that I should not be long and went out and asked what coin they had passed—I then got a constable and appre
<lb/>hended them both—we took them to Mr. Freeman's, where Clark was iden
<lb/>tified—as we came out I saw that Johnson had some coins in his band which he was going to throw away, but I seized his hand and gave them to the constable.</p>
<xptr type="pageFacsimile" doc="187604030011"/>
<hi rend="italic">Cross-examined-by Clark</hi> The public-house where you were apprehended is about twenty-five yards from the stone yard.</p>
<hi rend="italic">Cross-examined by Johnson.</hi> I asked what you were doing, because I knew you; it was a matter of business—I have known you ten or twelve years.</p>
<hi rend="smallCaps">RECORDER</hi>. I do not know the phrase
<hi rend="italic">shoofly 'pitching</hi>, but I could see afterwards that it meant passing bad coin.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-54" type="witnessName">
<interp inst="t18760403-name-54" type="gender" value="male"/>
<interp inst="t18760403-name-54" type="surname" value="VENOE"/>
<interp inst="t18760403-name-54" type="given" value="ALFRED"/>ALFRED VENOE</persName> </hi> (
<hi rend="italic">Policeman B</hi> 302). I was on duty and Snaysland called me—we went to the public-house and took the prisoners—I found these two bad florins (
<hi rend="italic">produced</hi>) on Johnson, and two shillings, three sixpences, and Is. 2 1/2
<hi rend="italic">d</hi>. in bronze, and on Clark a sixpence and 2 1/2
<hi rend="italic">d</hi>.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-55" type="witnessName">
<interp inst="t18760403-name-55" type="gender" value="male"/>
<interp inst="t18760403-name-55" type="surname" value="WEBSTER"/>
<interp inst="t18760403-name-55" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These coins are all bad, the first one is from the same would as one of the two found on Johnson.</p>
<hi rend="italic">Clark's defence.</hi> I met a man who I had been at work with, who asked me to go and buy the piece of stone to put in a window cell and he would stand a pot when I came back. He gave me a florin and I bought the stone with it. I did not know it was bad or I should not have gone to the public-house bow near. If the constable had waited a little longer, the man who gave me the florin would have been back.</p>
<hi rend="italic">Johnson's defence.</hi> No bad money was found on me.</p>
<hi rend="italic">Clark received a good character.</hi> </p>
<hi rend="largeCaps">CLARK</hi>
<hi rend="smallCaps">
<rs id="t18760403-267-verdict-1" type="verdictDescription">
<interp inst="t18760403-267-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760403-267-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18760403-267-punishment-8" type="punishmentDescription">
<interp inst="t18760403-267-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18760403-267-punishment-8" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-267-18760403 t18760403-267-punishment-8"/>Eight Month's Imprisonment.</rs> </hi> </p>
<hi rend="largeCaps">JOHNSON</hi>
<hi rend="smallCaps">
<rs id="t18760403-267-verdict-2" type="verdictDescription">
<interp inst="t18760403-267-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18760403-267-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18760403-267-punishment-9" type="punishmentDescription">
<interp inst="t18760403-267-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18760403-267-punishment-9" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-267-18760403 t18760403-267-punishment-9"/>Two Years' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18760403-268">
<interp inst="t18760403-268" type="uri" value="sessionsPapers/18760403"/>
<interp inst="t18760403-268" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-268-charge-1" targOrder="Y" targets="def1-268-18760403 t18760403-268-offence-1 t18760403-268-verdict-1"/>
<persName id="def1-268-18760403" type="defendantName">
<interp inst="def1-268-18760403" type="gender" value="male"/>
<interp inst="def1-268-18760403" type="age" value="17"/>
<interp inst="def1-268-18760403" type="surname" value="MITCHELL"/>
<interp inst="def1-268-18760403" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN MITCHELL</hi> (17)</persName>
<rs id="t18760403-268-offence-1" type="offenceDescription">
<interp inst="t18760403-268-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18760403-268-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully having in his possession—eight counterfeit coins, with intent to utter them.</rs> </p>
<hi rend="smallCaps">MR. CRAUFURD</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760403-name-57" type="witnessName">
<interp inst="t18760403-name-57" type="gender" value="female"/>
<interp inst="t18760403-name-57" type="surname" value="ELWORTHY"/>
<interp inst="t18760403-name-57" type="given" value="SUSAN"/>SUSAN ELWORTHY</persName> </hi>. I keep a dairy, at 48, Carnaby Street, and the pri
<lb/>soner came in on 23rd March, and asked me if I had any coppers—I said "How many," he said, 3
<hi rend="italic">s</hi>. worth"—I counted out 2
<hi rend="italic">s</hi>. worth and gave him 1
<hi rend="italic">s</hi>. worth—he put down 3
<hi rend="italic">s</hi>. which I found were bad—I broke two of them and kept them in my hand—I told him they were bad, and he said "Please give them to me, and I will take them back to where I got—them from"—I said "No, I shall give you in custody," he ran away—I was alone in the shop and did not follow him—I afterwards gave the bad coins to the detective.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-58" type="witnessName">
<interp inst="t18760403-name-58" type="gender" value="male"/>
<interp inst="t18760403-name-58" type="surname" value="ODED"/>
<interp inst="t18760403-name-58" type="given" value="JAMES"/>JAMES ODED</persName> </hi> (
<hi rend="italic">Detective Officer</hi>). I was on duty and saw the prisoner about 300 yards from Carnaby Street, going westward, and trying a white coin in his mouth—I asked him were he got it from, and he put it in his pocket—I said "Have you got any more," and he put these (
<hi rend="italic">produced</hi>) in his hat—another constable found more bad coins in his pocket—altogether, with the coins Susan Elworthy gave me, eight coins were taken from him.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-59" type="witnessName">
<interp inst="t18760403-name-59" type="gender" value="male"/>
<interp inst="t18760403-name-59" type="surname" value="SHRIVES"/>
<interp inst="t18760403-name-59" type="given" value="PHILIP"/>PHILIP SHRIVES</persName> </hi> (
<hi rend="italic">Detective Officer C</hi>). I was with Oded and searched the prisoner—I found this money, (
<hi rend="italic">produced</hi>) upon him—he put some coins in his hat.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-60" type="witnessName">
<interp inst="t18760403-name-60" type="gender" value="male"/>
<interp inst="t18760403-name-60" type="surname" value="WEBSTER"/>
<interp inst="t18760403-name-60" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These are bad coins, and among the eight are four of the same mould as the two.</p>
<hi rend="italic">Prisoner's Defence.</hi> A young man gave me a parcel of coins to mind, and I put some in my hat. I was never in the woman's shop.</p>
<rs id="t18760403-268-verdict-1" type="verdictDescription">
<interp inst="t18760403-268-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760403-268-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi></rs>
<rs id="t18760403-268-punishment-10" type="punishmentDescription">
<interp inst="t18760403-268-punishment-10" type="punishmentCategory" value="noPunish"/>
<interp inst="t18760403-268-punishment-10" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-268-18760403 t18760403-268-punishment-10"/>
<hi rend="italic">Judgment respited.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18760403-269">
<interp inst="t18760403-269" type="uri" value="sessionsPapers/18760403"/>
<interp inst="t18760403-269" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-269-charge-1" targOrder="Y" targets="def1-269-18760403 t18760403-269-offence-1 t18760403-269-verdict-1"/>
<persName id="def1-269-18760403" type="defendantName">
<interp inst="def1-269-18760403" type="gender" value="male"/>
<interp inst="def1-269-18760403" type="age" value="18"/>
<interp inst="def1-269-18760403" type="surname" value="WATTS"/>
<interp inst="def1-269-18760403" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK WATTS</hi> (18)</persName>
<rs id="t18760403-269-offence-1" type="offenceDescription">
<interp inst="t18760403-269-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18760403-269-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<xptr type="pageFacsimile" doc="187604030012"/>
<hi rend="smallCaps">MR. CRAUFURD</hi>
<hi rend="italic">conducted (the Prosecution; and</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi> the
<hi rend="italic">Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760403-name-62" type="witnessName">
<interp inst="t18760403-name-62" type="gender" value="female"/>
<interp inst="t18760403-name-62" type="surname" value="WINSBORROW"/>
<interp inst="t18760403-name-62" type="given" value="ADELAIDE"/>ADELAIDE WINSBORROW</persName> </hi>. My father keeps the Two Chairmen—the pri
<lb/>soner and two other men were in our house between 10 and 11 o'clock on Saturday evening, 18th March—the prisoner tendered me five bad shillings in payment for drink—I called in my father and gave him the coins—a con
<lb/>stable was sent for and the prisoner taken by him with the coins.</p>
<hi rend="italic">Cross-examined.</hi> The prisoner ordered Irish whiskey, which he and his friends drank—he was there about an hour and a half; he was there a long time before ordering anything—there was only myself serving in the bar—I kept the money in my hand—the prisoner was sober—he treated the others.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-63" type="witnessName">
<interp inst="t18760403-name-63" type="gender" value="male"/>
<interp inst="t18760403-name-63" type="surname" value="WINSBORROW"/>
<interp inst="t18760403-name-63" type="given" value="JOHN"/>JOHN WINSBORROW</persName> </hi>. I am the father of the last witness—I received from her the 5
<hi rend="italic">s</hi>.—I tried them and told the prisoner he had given five bad coins—he said he had made a mistake—there was a disturbance in another part of the house—a constable was brought in to whom the prisoner was given in custody and who had the coins.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-64" type="witnessName">
<interp inst="t18760403-name-64" type="gender" value="male"/>
<interp inst="t18760403-name-64" type="surname" value="BRIDGES"/>
<interp inst="t18760403-name-64" type="given" value="JAMES"/>JAMES BRIDGES</persName> </hi>. I was in the public-house and saw the prisoner tender the shilling—the witness called her father and told him the prisoner had given her bad money—there were two other men with the prisoner—I was there when the constable came.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-65" type="witnessName">
<interp inst="t18760403-name-65" type="gender" value="male"/>
<interp inst="t18760403-name-65" type="surname" value="WESTWOOD"/>
<interp inst="t18760403-name-65" type="given" value="JOHN"/>JOHN WESTWOOD</persName> </hi> (
<hi rend="italic">Policeman C</hi> 38). I was called to the house because of the disturbance, and while there the prisoner and these coins were given into my custody—two other persons in his company tried to rescue him from me.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-66" type="witnessName">
<interp inst="t18760403-name-66" type="gender" value="male"/>
<interp inst="t18760403-name-66" type="surname" value="WEBSTER"/>
<interp inst="t18760403-name-66" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These 5
<hi rend="italic">s</hi>. are bad; three are from one mould, and two from another.</p>
<hi rend="italic">Cross-examined.</hi> I have been connected with the Mint twenty-five years—I know, generally speaking, that counterfeit coiners go from one place to another to pass their money—I have known many cases where persons have come back the same day and the same minute to again pass bad money.</p>
<hi rend="italic">The Prisoner received a good character.</hi> </p>
<rs id="t18760403-269-verdict-1" type="verdictDescription">
<interp inst="t18760403-269-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760403-269-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">Recommended to mercy by the Jury</hi> </rs>
<hi rend="italic">
<rs id="t18760403-269-punishment-11" type="punishmentDescription">
<interp inst="t18760403-269-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18760403-269-punishment-11" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-269-18760403 t18760403-269-punishment-11"/>Twelve Months' Imprison
<lb/>ment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18760403-270">
<interp inst="t18760403-270" type="uri" value="sessionsPapers/18760403"/>
<interp inst="t18760403-270" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-270-charge-1" targOrder="Y" targets="def1-270-18760403 t18760403-270-offence-1 t18760403-270-verdict-1"/>
<persName id="def1-270-18760403" type="defendantName">
<interp inst="def1-270-18760403" type="gender" value="male"/>
<interp inst="def1-270-18760403" type="age" value="20"/>
<interp inst="def1-270-18760403" type="surname" value="HARPER"/>
<interp inst="def1-270-18760403" type="given" value="WALTER"/>
<hi rend="largeCaps">WALTER HARPER</hi> (20)</persName>, was indicted
<rs id="t18760403-270-offence-1" type="offenceDescription">
<interp inst="t18760403-270-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18760403-270-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<hi rend="smallCaps">MR. CRAUFURD</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. FRITH</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760403-name-68" type="witnessName">
<interp inst="t18760403-name-68" type="gender" value="female"/>
<interp inst="t18760403-name-68" type="surname" value="DIEM"/>
<interp inst="t18760403-name-68" type="given" value="MARY"/>MARY DIEM</persName> </hi>. I am the wife of John Diem, and keep a chandler's shop—on 15th March the prisoner came into my shop at about 6.30 p.m.—he asked for a biscuit and gave me a bad sixpence—I told him of it", and he said "Is it"—I told him he had given me a bad 2
<hi rend="italic">s</hi>. piece when he was in my shop, before—he said "I was never in your shop before"—I called my husband down and the prisoner was given in custody with the florin, which I had kept by itself.</p>
<hi rend="italic">Cross-examined.</hi> He put the 6
<hi rend="italic">d</hi>. in his mouth and asked me if it was bad—T swear I did not say "Oh, you
<hi rend="italic">must be</hi> the man that gave me the 2
<hi rend="italic">s</hi>. piece"; I said "You are the man"—I did say "If you do not give me 2
<hi rend="italic">s</hi>. I won't let you go"—then he said "Oh, you make a mistake, I never was here"—he said that he had not the money with him, but that he would give it to me—it was about ten days after I received the florin that he tendered me the 6
<hi rend="italic">d</hi>.—I knew him before, and he used to come in every night for a packet of cocoa at about 8 o'clock.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-69" type="witnessName">
<interp inst="t18760403-name-69" type="gender" value="female"/>
<interp inst="t18760403-name-69" type="surname" value="WILLIS"/>
<interp inst="t18760403-name-69" type="given" value="MARY ANN"/>MARY ANN WILLIS</persName> </hi>. I am the owner of 89, Berwick Street, which I have let to Mrs. Diem for the last six or eight weeks—I was in her shop when the prisoner came in, I cannot tell the date—he asked for 1/4 lb. of prunes, which</p>
<xptr type="pageFacsimile" doc="187604030013"/>
<p>came to 13/4
<hi rend="italic">d</hi>., and put down Is.—I took it up and said "This is bad"—he took it up and put down a good one, saying "I should like a few like it"—I said "I should not like many of those"—he got his change and left—I was not there when the 2
<hi rend="italic">s</hi>. were found, but I saw him in the shop when he gave the 6
<hi rend="italic">d</hi>. heard what the first witness said, that is correct.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-70" type="witnessName">
<interp inst="t18760403-name-70" type="gender" value="male"/>
<interp inst="t18760403-name-70" type="surname" value="BUNYAN"/>
<interp inst="t18760403-name-70" type="given" value="JOSEPH"/>JOSEPH BUNYAN</persName> </hi> (
<hi rend="italic">Policeman C</hi> 261). On 16th March, about 6.30, I was called to Mrs. Diem's, and the prisoner was given into my charge with this bad florin and 6
<hi rend="italic">d</hi>. (
<hi rend="italic">produced</hi>)—I found on him 8 1/2
<hi rend="italic">d</hi>. in copper.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-71" type="witnessName">
<interp inst="t18760403-name-71" type="gender" value="male"/>
<interp inst="t18760403-name-71" type="surname" value="WEBSTER"/>
<interp inst="t18760403-name-71" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This florin and 6
<hi rend="italic">d</hi>. are bad.</p>
<hi rend="italic">Prisoners Statement before the Magistrate.</hi> "On Wednesday I lost a day. I had my breakfast at a coffee shop. I had some ale with a friend and changed a shilling and got a sixpence change, and then I went in for 1
<hi rend="italic">d</hi>. worth of biscuits. I gave the lady 6
<hi rend="italic">d</hi>. and she went to get change and came back and said it was a bad one. I put it to my teeth and gave her another. She said 'You must be the one who gave me the 2
<hi rend="italic">s</hi>. piece, if you do not give me 2
<hi rend="italic">s</hi>. I won't let you go.' I said sooner than lose a day's work I would give it to her, but I had not it with me, and she said 'I must lock you up.'"</p>
<hi rend="smallCaps">MRS. DIEM</hi>. When I saw that the 6
<hi rend="italic">d</hi>. was bad I kept it in my hand—I tried it with my teeth; I did not give it back to my husband—the prisoner offered me another 6
<hi rend="italic">d</hi>. before the policeman came.</p>
<hi rend="italic">The Prisoner received a good character.</hi> </p>
<hi rend="smallCaps">
<rs id="t18760403-270-verdict-1" type="verdictDescription">
<interp inst="t18760403-270-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18760403-270-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>
<hi rend="italic">Tuesday, April</hi> 4
<hi rend="italic">th</hi>, 1876.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18760403-271">
<interp inst="t18760403-271" type="uri" value="sessionsPapers/18760403"/>
<interp inst="t18760403-271" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-271-charge-1" targOrder="Y" targets="def1-271-18760403 t18760403-271-offence-1 t18760403-271-verdict-1"/>
<persName id="def1-271-18760403" type="defendantName">
<interp inst="def1-271-18760403" type="gender" value="male"/>
<interp inst="def1-271-18760403" type="age" value="21"/>
<interp inst="def1-271-18760403" type="surname" value="HAMMERMAN"/>
<interp inst="def1-271-18760403" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN HAMMERMAN</hi> (21)</persName>
<rs id="t18760403-271-offence-1" type="offenceDescription">
<interp inst="t18760403-271-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18760403-271-offence-1" type="offenceSubcategory" value="robbery"/> Robbery with violence, together with two others, on
<persName id="t18760403-name-73" type="victimName">
<interp inst="t18760403-name-73" type="gender" value="male"/>
<interp inst="t18760403-name-73" type="surname" value="HYETT"/>
<interp inst="t18760403-name-73" type="given" value="EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18760403-271-offence-1 t18760403-name-73"/>Edward Hyett</persName> and stealing from his person a watch, his property.</rs> </p>
<hi rend="smallCaps">
<persName id="t18760403-name-74" type="witnessName">
<interp inst="t18760403-name-74" type="gender" value="male"/>
<interp inst="t18760403-name-74" type="surname" value="WILLIAMS"/>
<interp inst="t18760403-name-74" type="given" value="MONTAGU"/>MR. MONTAGU WILLIAMS</persName> </hi>
<hi rend="italic">conducted the Prosecution;</hi> </p>
<hi rend="smallCaps">
<persName id="t18760403-name-75" type="witnessName">
<interp inst="t18760403-name-75" type="gender" value="male"/>
<interp inst="t18760403-name-75" type="surname" value="HYETT"/>
<interp inst="t18760403-name-75" type="given" value="EDWARD"/>EDWARD HYETT</persName> </hi>. I am a baker, and live at 50, Smith Street, St. George's in-the-East—on Sunday evening, 12th September, between 9 and 10 o'clock, I was in Royal Mint Street, going to my employment—I had a silver watch in my left waistcoat pocket attached to my button hole by a chain—I had a tall hat on—some parties came behind me and tried to knock my hat over my eyes—I went into the middle of the road and called for the assistance of the police—they threw me on my back and my head was cut in two places—I called out "Police.'" repeatedly—three or four persons surrounded me in the road, I can't swear to any of them; they tore my coats open and took my watch away—one of them placed his hand over my mouth so that I should not halloo—they then all ran away—I was stunned; some one took me to a surgeon, and I had two scalp wounds where I fell on my head in the road; they had to be sewn up.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-76" type="witnessName">
<interp inst="t18760403-name-76" type="gender" value="male"/>
<interp inst="t18760403-name-76" type="surname" value="SMITH"/>
<interp inst="t18760403-name-76" type="given" value="JOHN WILLIAM"/>JOHN WILLIAM SMITH</persName> </hi>. I am a tailor, 8, Minories—about 9.30 this Sun
<lb/>day evening I was in Royal Mint Street—I heard a shout of "Police!"and saw three young men running in the road from the direction of the cry; the prisoner was one of them—as they passed one said to the other "If you don't mind what you are doing I will
<hi rend="italic">give</hi> you a b——
<hi rend="italic">job in</hi> the eye"—they ran close past me—I then went up to the prosecutor and found him lying in the road, he was just beginning to get up—I waited till a constable came, and gave him information—next morning I was fetched to Leman Street police-station—fourteen men were placed before me and I picked out the prisoner, he was wearing the same cap and clothes as he had on the Sunday night.</p>
<xptr type="pageFacsimile" doc="187604030014"/>
<hi rend="italic">Cross-examined by the Prisoner.</hi> I did not say anything to you at the time I identified you; I told the constable I recognised you by your features and by your clothes—you are the man that passed nearest me.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-77" type="witnessName">
<interp inst="t18760403-name-77" type="gender" value="male"/>
<interp inst="t18760403-name-77" type="surname" value="HUTT"/>
<interp inst="t18760403-name-77" type="given" value="WILLIAM"/>WILLIAM HUTT</persName> </hi> (
<hi rend="italic">City Policeman</hi>). In consequence of information I re
<lb/>ceived from Smith, on 12th December, I took him to the Leman Street station, on the 13th—the prisoner was there in custody on another charge with two other men—they were placed with eleven others—Smith then told me the prisoner was one of the men; he had a doubt about the other two—the prisoner was sent to the House of Correction for three months on the other charge, and at the expiration of that time I took him into custody on this charge.</p>
<hi rend="smallCaps">
<rs id="t18760403-271-verdict-1" type="verdictDescription">
<interp inst="t18760403-271-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760403-271-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">He also</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to a previous conviction in March.</hi> 1873**—
<hi rend="italic">
<rs id="t18760403-271-punishment-12" type="punishmentDescription">
<interp inst="t18760403-271-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18760403-271-punishment-12" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-271-18760403 t18760403-271-punishment-12"/>Seven Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18760403-272">
<interp inst="t18760403-272" type="uri" value="sessionsPapers/18760403"/>
<interp inst="t18760403-272" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-272-charge-1" targOrder="Y" targets="def1-272-18760403 t18760403-272-offence-1 t18760403-272-verdict-1"/>
<join result="criminalCharge" id="t18760403-272-charge-2" targOrder="Y" targets="def2-272-18760403 t18760403-272-offence-1 t18760403-272-verdict-1"/>
<persName id="def1-272-18760403" type="defendantName">
<interp inst="def1-272-18760403" type="gender" value="male"/>
<interp inst="def1-272-18760403" type="age" value="18"/>
<interp inst="def1-272-18760403" type="surname" value="PARKER"/>
<interp inst="def1-272-18760403" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN PARKER</hi>. (18)</persName>
<hi rend="italic">and</hi>
<persName id="def2-272-18760403" type="defendantName">
<interp inst="def2-272-18760403" type="gender" value="male"/>
<interp inst="def2-272-18760403" type="age" value="19"/>
<interp inst="def2-272-18760403" type="surname" value="WORTLEY"/>
<interp inst="def2-272-18760403" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM WORTLEY</hi> (19)</persName>
<rs id="t18760403-272-offence-1" type="offenceDescription">
<interp inst="t18760403-272-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18760403-272-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery with violence on
<persName id="t18760403-name-80" type="victimName">
<interp inst="t18760403-name-80" type="gender" value="male"/>
<interp inst="t18760403-name-80" type="surname" value="EWINS"/>
<interp inst="t18760403-name-80" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18760403-272-offence-1 t18760403-name-80"/>Thomas Ewins</persName> and stealing a watch, his property.</rs> </p>
<hi rend="smallCaps">MR. RIBTON</hi>.
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MESSRS. STRAIGHT</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MONTAGU WILLIAMS</hi>
<hi rend="italic">the—Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760403-name-81" type="witnessName">
<interp inst="t18760403-name-81" type="gender" value="male"/>
<interp inst="t18760403-name-81" type="surname" value="EWINS"/>
<interp inst="t18760403-name-81" type="given" value="THOMAS"/>THOMAS EWINS</persName> </hi>. I am a pensioner—I have lately removed from 15, Alexandra Terrace, Clapham—on 25th February, a little after 7 o'clock p.m., I was walking in the Mile End Road with my wife—when I came to the corner of St. Peter's Road, next the brewery, Parker made a snatch at my watch chain, he gave it a twist, the chain broke at the swivel, and he ran away with the chain as fast as he could up St. Peter's Road—I ran after him—a man came and tripped me up with his foot and sent me right on my face and hands; I hurt my shoulder very much—I believe by his dress and stature that Wortley is that man, but I could not swear to him, I did not see his face—I got up and called "Stop thief!"and ran as fast as I could, and my wife also—Parker was stopped by the witness Dixon—I came up and said "You vagabond, where is my chain?"—he said "I have not got it"—he began to cry, or appeared to do so, and said if I would let him go he would go on his knees and beg my pardon—he dropped the chain—my wife pointed to it at his feet in the gutter and she picked it up—I am perfectly sure he is the man that snatched it.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>. It was done very quickly, indeed—there were people about, but that was rather a bye place and rather dark—there was a lamp, just at the corner—Parker was stopped within 20 or 30 yards—when I said where his my chain, he looked on the ground and said "Why, there's your chain."</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. STRAIGHT</hi>. This was about 7.15; it might be between 7 and 8 o'clock—my watch glass was broken, and I took it to the watch-maker's to have a glass put in, and it was then about 8 o'clock.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-82" type="witnessName">
<interp inst="t18760403-name-82" type="gender" value="female"/>
<interp inst="t18760403-name-82" type="surname" value="EWINS"/>
<interp inst="t18760403-name-82" type="given" value="ANNIE"/>ANNIE EWINS</persName> </hi>. I was with my husband, and saw Parker snatch at his watch—I am positive he is the man, he ran as fast as he could up St. Peter's Road, my husband followed him—Wortley tripped him up, I am quite certain of him; I ran and called stop thief; Parker was caught by Mr. Dixon—I came up and asked him for my husband's watch and chain—he said "I have not got his watch"—I said "If you have not got his watch, you have got his chain"—after a little time he said if I would let him go he would tell me where the chain was—he afterwards said it was in the gutter; I saw it and picked it up—I did not see him drop it—a constable was fetched, and he was taken to the station—Wortley followed and asked</p>
<xptr type="pageFacsimile" doc="187604030015"/>
<p>me what the young man had been doing—I told him he knew very well—I had seen the two prisoners together crossing the road before Parker snatched the chain.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>. I may make a mistake sometime?, but in the present case 1 do not, it was very sudden, and rather dark, not very—Parker had ran two or three times the length of this Court, before he was stopped—he said "I have not got the chain, there it is in the gutter," and there it was.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-83" type="witnessName">
<interp inst="t18760403-name-83" type="gender" value="male"/>
<interp inst="t18760403-name-83" type="surname" value="DIXON"/>
<interp inst="t18760403-name-83" type="given" value="THOMAS"/>THOMAS DIXON</persName> </hi>. I am a cellar man, and live 33, Burnside Street, Bow—on 25th February, a little after 7 o'clock, I heard a cry of "Stop thief" as I was coming up St. Peter's Road, I saw Parker running round the corner, I caught him by the collar—he said "Let me go, it is only an affair of punching a man in the nose"—I said "I shall do nothing of the kind, stop with me"—I held him and the old lady and gentleman came up—the prosecutor said "Give me my watch and chain"—he said "I have not got your watch and chain"—he said "No, you have got my chain"—he turned round and said "I never done such a thing as this before," and he went on his knee and cried, or attempted to cry, and said "If I tell you where your chain is, will you let me go"—the prosecutor said "I will"—he said "There it is in the gutter, there"—the old lady picked it up and gave it to me—a policeman came up in a few minutes and I handed him over and gave the chain to the sergeant at the station—I saw nothing of Wortley.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-84" type="witnessName">
<interp inst="t18760403-name-84" type="gender" value="female"/>
<interp inst="t18760403-name-84" type="surname" value="HOUGHTON"/>
<interp inst="t18760403-name-84" type="given" value="JANET"/>JANET HOUGHTON</persName> </hi>. I am single, at this time I was living at 471, Mile End Road—a little after 7 o'clock, I was walking up the Mile End Road and I saw Wortley put out his foot and knock the prosecutor down under the lamp—I am sure he is the man—I did not see Parker.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-85" type="witnessName">
<interp inst="t18760403-name-85" type="gender" value="male"/>
<interp inst="t18760403-name-85" type="surname" value="GOLDSMITH"/>
<interp inst="t18760403-name-85" type="given" value="GEORGE"/>GEORGE GOLDSMITH</persName> </hi> (
<hi rend="italic">Policeman K</hi> 492). I received Parker in custody from Dixon—I told him the charge—he said "Very well, all right."</p>
<hi rend="smallCaps">
<persName id="t18760403-name-86" type="witnessName">
<interp inst="t18760403-name-86" type="gender" value="male"/>
<interp inst="t18760403-name-86" type="surname" value="HUNT"/>
<interp inst="t18760403-name-86" type="given" value="WILLIAM"/>WILLIAM HUNT</persName> </hi> (
<hi rend="italic">Detective Officer K</hi>). I took Wortley into custody—the prosecutor pointed him out to me—I told him the charge—he said "You have made a mistake this time Mr. Hunt, be careful what you are doing;" I was going to the Forester's Music Hall—I said "You are going quite the reverse way to it"—he was going the reverse way—I took him to. the station, and both the females identified him—he gave a correct address.</p>
<rs id="t18760403-272-verdict-1" type="verdictDescription">
<interp inst="t18760403-272-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760403-272-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>.</rs>
<hi rend="largeCaps">PARKER</hi>
<hi rend="italic">was also proved to having been previously convicted in August</hi>, 1873 *—
<rs id="t18760403-272-punishment-13" type="punishmentDescription">
<interp inst="t18760403-272-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18760403-272-punishment-13" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-272-18760403 t18760403-272-punishment-13"/>
<hi rend="italic">Fifteen Months' Imprisonment.</hi> </rs> </p>
<hi rend="largeCaps">WORTLEY</hi>
<hi rend="italic">received a good character—
<rs id="t18760403-272-punishment-14" type="punishmentDescription">
<interp inst="t18760403-272-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18760403-272-punishment-14" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-272-18760403 t18760403-272-punishment-14"/>Nine Month's Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18760403-273">
<interp inst="t18760403-273" type="uri" value="sessionsPapers/18760403"/>
<interp inst="t18760403-273" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-273-charge-1" targOrder="Y" targets="def1-273-18760403 t18760403-273-offence-1 t18760403-273-verdict-1"/>
<persName id="def1-273-18760403" type="defendantName">
<interp inst="def1-273-18760403" type="gender" value="male"/>
<interp inst="def1-273-18760403" type="age" value="43"/>
<interp inst="def1-273-18760403" type="surname" value="TOWNSEND"/>
<interp inst="def1-273-18760403" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM TOWNSEND</hi>, (43)</persName>
<rs id="t18760403-273-offence-1" type="offenceDescription">
<interp inst="t18760403-273-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18760403-273-offence-1" type="offenceSubcategory" value="bankrupcy"/>
<hi rend="smallCaps">
<rs id="t18760403-273-verdict-1" type="verdictDescription">
<interp inst="t18760403-273-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760403-273-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to unlawfully foiling to discover to his trustee, all his real and personal property.
<hi rend="italic">Second Count</hi>—for not delivering up the property</rs>
<rs id="t18760403-273-punishment-15" type="punishmentDescription">
<interp inst="t18760403-273-punishment-15" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18760403-273-punishment-15" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-273-18760403 t18760403-273-punishment-15"/>
<hi rend="italic">To enter into his own recognisances in</hi> 100
<hi rend="italic">l. to appear if called upon and.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18760403-274">
<interp inst="t18760403-274" type="uri" value="sessionsPapers/18760403"/>
<interp inst="t18760403-274" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-274-charge-1" targOrder="Y" targets="def1-274-18760403 t18760403-274-offence-1 t18760403-274-verdict-1"/>
<join result="criminalCharge" id="t18760403-274-charge-2" targOrder="Y" targets="def1-274-18760403 t18760403-274-offence-2 t18760403-274-verdict-1"/>
<persName id="def1-274-18760403" type="defendantName">
<interp inst="def1-274-18760403" type="gender" value="male"/>
<interp inst="def1-274-18760403" type="surname" value="SMITH"/>
<interp inst="def1-274-18760403" type="given" value="WILLIAM CHARLES"/>
<hi rend="largeCaps">WILLIAM CHARLES SMITH</hi> </persName>
<rs id="t18760403-274-offence-1" type="offenceDescription">
<interp inst="t18760403-274-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18760403-274-offence-1" type="offenceSubcategory" value="fraud"/>, to unlawfully obtaining by false pretences 23
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>.,</rs>
<hi rend="italic">also</hi>
<rs id="t18760403-274-offence-2" type="offenceDescription">
<interp inst="t18760403-274-offence-2" type="offenceCategory" value="deception"/>
<interp inst="t18760403-274-offence-2" type="offenceSubcategory" value="fraud"/>fifty bottles and money to the amount of 46
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>., having been before convicted—</rs>
<rs id="t18760403-274-punishment-16" type="punishmentDescription">
<interp inst="t18760403-274-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18760403-274-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-274-18760403 t18760403-274-punishment-16"/>
<hi rend="italic">Six Months' Imprisonment.</hi> </rs>
<rs id="t18760403-274-verdict-1" type="verdictDescription">
<interp inst="t18760403-274-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760403-274-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, April</hi> 4
<hi rend="italic">th</hi>, 1876.</p>
<hi rend="italic">Before Robert Malcolm Kerr, Esq.</hi> </p>
<div1 type="trialAccount" id="t18760403-275">
<interp inst="t18760403-275" type="uri" value="sessionsPapers/18760403"/>
<interp inst="t18760403-275" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-275-charge-1" targOrder="Y" targets="def1-275-18760403 t18760403-275-offence-1 t18760403-275-verdict-1"/>
<persName id="def1-275-18760403" type="defendantName">
<interp inst="def1-275-18760403" type="gender" value="male"/>
<interp inst="def1-275-18760403" type="age" value="56"/>
<interp inst="def1-275-18760403" type="surname" value="DRURY"/>
<interp inst="def1-275-18760403" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE DRURY</hi> (56)</persName>
<rs id="t18760403-275-offence-1" type="offenceDescription">
<interp inst="t18760403-275-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760403-275-offence-1" type="offenceSubcategory" value="simpleLarceny"/>,
<hi rend="smallCaps">
<rs id="t18760403-275-verdict-1" type="verdictDescription">
<interp inst="t18760403-275-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760403-275-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>** to. two indictments for stealing pewter pots after a previous conviction in July, 1873—</rs>
<hi rend="italic">
<rs id="t18760403-275-punishment-17" type="punishmentDescription">
<interp inst="t18760403-275-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18760403-275-punishment-17" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-275-18760403 t18760403-275-punishment-17"/>Seven Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18760403-276">
<interp inst="t18760403-276" type="uri" value="sessionsPapers/18760403"/>
<interp inst="t18760403-276" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-276-charge-1" targOrder="Y" targets="def1-276-18760403 t18760403-276-offence-1 t18760403-276-verdict-1"/>
<persName id="def1-276-18760403" type="defendantName">
<interp inst="def1-276-18760403" type="gender" value="male"/>
<interp inst="def1-276-18760403" type="age" value="25"/>
<interp inst="def1-276-18760403" type="surname" value="FRANSHAM"/>
<interp inst="def1-276-18760403" type="given" value="EDMUND"/>
<hi rend="largeCaps">EDMUND FRANSHAM</hi> (25)</persName>
<rs id="t18760403-276-offence-1" type="offenceDescription">
<interp inst="t18760403-276-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760403-276-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, to stealing one half-crown and one florin, of
<persName id="t18760403-name-91" type="victimName">
<interp inst="t18760403-name-91" type="gender" value="male"/>
<interp inst="t18760403-name-91" type="surname" value="SMITH"/>
<interp inst="t18760403-name-91" type="given" value="CHARLES"/>
<join result="offenceVictim" targOrder="Y" targets="t18760403-276-offence-1 t18760403-name-91"/>Charles Smith</persName>, his master</rs>
<rs id="t18760403-276-punishment-18" type="punishmentDescription">
<interp inst="t18760403-276-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18760403-276-punishment-18" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-276-18760403 t18760403-276-punishment-18"/>
<hi rend="italic">Five Years' Penal Servitude.</hi> </rs>
<rs id="t18760403-276-verdict-1" type="verdictDescription">
<interp inst="t18760403-276-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760403-276-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18760403-277">
<interp inst="t18760403-277" type="uri" value="sessionsPapers/18760403"/>
<interp inst="t18760403-277" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-277-charge-1" targOrder="Y" targets="def1-277-18760403 t18760403-277-offence-1 t18760403-277-verdict-1"/>
<xptr type="pageFacsimile" doc="187604030016"/>
<persName id="def1-277-18760403" type="defendantName">
<interp inst="def1-277-18760403" type="gender" value="male"/>
<interp inst="def1-277-18760403" type="age" value="17"/>
<interp inst="def1-277-18760403" type="surname" value="PRICE"/>
<interp inst="def1-277-18760403" type="given" value="ERNEST SEPTIMUS"/>
<hi rend="largeCaps">ERNEST SEPTIMUS PRICE</hi> (17)</persName>
<rs id="t18760403-277-offence-1" type="offenceDescription">
<interp inst="t18760403-277-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18760403-277-offence-1" type="offenceSubcategory" value="forgery"/>, to four indictments for feloniously forging, altering, and uttering receipts for the payment of money with intent to defraud.</rs> </p>
<hi rend="italic">He received a good character.
<rs id="t18760403-277-verdict-1" type="verdictDescription">
<interp inst="t18760403-277-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760403-277-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.] Recommended to mercy</rs>
<rs id="t18760403-277-punishment-19" type="punishmentDescription">
<interp inst="t18760403-277-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18760403-277-punishment-19" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-277-18760403 t18760403-277-punishment-19"/>Eighteen Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18760403-278">
<interp inst="t18760403-278" type="uri" value="sessionsPapers/18760403"/>
<interp inst="t18760403-278" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-278-charge-1" targOrder="Y" targets="def1-278-18760403 t18760403-278-offence-1 t18760403-278-verdict-1"/>
<persName id="def1-278-18760403" type="defendantName">
<interp inst="def1-278-18760403" type="gender" value="female"/>
<interp inst="def1-278-18760403" type="age" value="49"/>
<interp inst="def1-278-18760403" type="surname" value="WELLER"/>
<interp inst="def1-278-18760403" type="given" value="ANNE"/>
<hi rend="largeCaps">ANNE WELLER</hi> (49)</persName>
<rs id="t18760403-278-offence-1" type="offenceDescription">
<interp inst="t18760403-278-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760403-278-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, to stealing 42 yards of alpaca after a previous con
<lb/>viction in February, 1871**—</rs>
<rs id="t18760403-278-punishment-20" type="punishmentDescription">
<interp inst="t18760403-278-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18760403-278-punishment-20" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-278-18760403 t18760403-278-punishment-20"/>
<hi rend="italic">Ten years' Penal Servitude.</hi> </rs>
<rs id="t18760403-278-verdict-1" type="verdictDescription">
<interp inst="t18760403-278-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760403-278-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18760403-279">
<interp inst="t18760403-279" type="uri" value="sessionsPapers/18760403"/>
<interp inst="t18760403-279" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-279-charge-1" targOrder="Y" targets="def1-279-18760403 t18760403-279-offence-1 t18760403-279-verdict-1"/>
<persName id="def1-279-18760403" type="defendantName">
<interp inst="def1-279-18760403" type="gender" value="male"/>
<interp inst="def1-279-18760403" type="age" value="28"/>
<interp inst="def1-279-18760403" type="surname" value="GROSVENER"/>
<interp inst="def1-279-18760403" type="given" value="FRANCIS ROBERT"/>
<hi rend="largeCaps">FRANCIS ROBERT GROSVENER</hi> (28)</persName>
<rs id="t18760403-279-offence-1" type="offenceDescription">
<interp inst="t18760403-279-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760403-279-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, to stealing 20
<hi rend="italic">l</hi>. and other sums, of
<persName id="t18760403-name-95" type="victimName">
<interp inst="t18760403-name-95" type="gender" value="male"/>
<interp inst="t18760403-name-95" type="surname" value="TYLER"/>
<interp inst="t18760403-name-95" type="given" value="GEORGE WALTER"/>
<join result="offenceVictim" targOrder="Y" targets="t18760403-279-offence-1 t18760403-name-95"/>George Walter Tyler</persName> and others, his masters.—</rs>
<rs id="t18760403-279-punishment-21" type="punishmentDescription">
<interp inst="t18760403-279-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18760403-279-punishment-21" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-279-18760403 t18760403-279-punishment-21"/>
<hi rend="italic">Five Years' Penal Servitude.</hi> </rs>
<rs id="t18760403-279-verdict-1" type="verdictDescription">
<interp inst="t18760403-279-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760403-279-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18760403-280">
<interp inst="t18760403-280" type="uri" value="sessionsPapers/18760403"/>
<interp inst="t18760403-280" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-280-charge-1" targOrder="Y" targets="def1-280-18760403 t18760403-280-offence-1 t18760403-280-verdict-1"/>
<join result="criminalCharge" id="t18760403-280-charge-2" targOrder="Y" targets="def2-280-18760403 t18760403-280-offence-1 t18760403-280-verdict-1"/>
<join result="criminalCharge" id="t18760403-280-charge-3" targOrder="Y" targets="def3-280-18760403 t18760403-280-offence-1 t18760403-280-verdict-1"/>
<persName id="def1-280-18760403" type="defendantName">
<interp inst="def1-280-18760403" type="gender" value="male"/>
<interp inst="def1-280-18760403" type="age" value="16"/>
<interp inst="def1-280-18760403" type="surname" value="RAY"/>
<interp inst="def1-280-18760403" type="given" value="ROBERT"/>
<hi rend="largeCaps">ROBERT RAY</hi> (16)</persName>,
<persName id="def2-280-18760403" type="defendantName">
<interp inst="def2-280-18760403" type="gender" value="male"/>
<interp inst="def2-280-18760403" type="age" value="20"/>
<interp inst="def2-280-18760403" type="surname" value="SMITH"/>
<interp inst="def2-280-18760403" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES SMITH</hi> (20)</persName>,
<hi rend="italic">and</hi>
<persName id="def3-280-18760403" type="defendantName">
<interp inst="def3-280-18760403" type="gender" value="male"/>
<interp inst="def3-280-18760403" type="age" value="22"/>
<interp inst="def3-280-18760403" type="surname" value="THOMPSON"/>
<interp inst="def3-280-18760403" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES THOMP
<lb/>SON</hi> ** (22)</persName>,
<rs id="t18760403-280-offence-1" type="offenceDescription">
<interp inst="t18760403-280-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760403-280-offence-1" type="offenceSubcategory" value="simpleLarceny"/>to stealing 300lbs. of lead and other goods, the property of the
<persName id="t18760403-name-99" type="victimName">
<interp inst="t18760403-name-99" type="gender" value="male"/>
<interp inst="t18760403-name-99" type="occupation" value="earl of radnor"/>
<join result="offenceVictim" targOrder="Y" targets="t18760403-280-offence-1 t18760403-name-99"/>Earl of Radnor</persName> </rs>
<rs id="t18760403-280-punishment-22" type="punishmentDescription">
<interp inst="t18760403-280-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18760403-280-punishment-22" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-280-18760403 t18760403-280-punishment-22"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-280-18760403 t18760403-280-punishment-22"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-280-18760403 t18760403-280-punishment-22"/>
<hi rend="italic">Twelve Months' Imprisonment each</hi> </rs>
<rs id="t18760403-280-verdict-1" type="verdictDescription">
<interp inst="t18760403-280-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760403-280-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18760403-281">
<interp inst="t18760403-281" type="uri" value="sessionsPapers/18760403"/>
<interp inst="t18760403-281" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-281-charge-1" targOrder="Y" targets="def1-281-18760403 t18760403-281-offence-1 t18760403-281-verdict-1"/>
<persName id="def1-281-18760403" type="defendantName">
<interp inst="def1-281-18760403" type="gender" value="male"/>
<interp inst="def1-281-18760403" type="age" value="49"/>
<interp inst="def1-281-18760403" type="surname" value="GOLDING"/>
<interp inst="def1-281-18760403" type="given" value="FRANCIS"/>
<hi rend="largeCaps">FRANCIS GOLDING</hi> (49)</persName>
<rs id="t18760403-281-offence-1" type="offenceDescription">
<interp inst="t18760403-281-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18760403-281-offence-1" type="offenceSubcategory" value="forgery"/>, to feloniously forging and uttering an endorsement to a bill for 600
<hi rend="italic">l</hi>. with intent to defraud—</rs>
<rs id="t18760403-281-punishment-23" type="punishmentDescription">
<interp inst="t18760403-281-punishment-23" type="punishmentCategory" value="imprison"/>
<interp inst="t18760403-281-punishment-23" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-281-18760403 t18760403-281-punishment-23"/>
<hi rend="italic">Twelve Months' Imprisonment.</hi> </rs>
<rs id="t18760403-281-verdict-1" type="verdictDescription">
<interp inst="t18760403-281-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760403-281-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18760403-282">
<interp inst="t18760403-282" type="uri" value="sessionsPapers/18760403"/>
<interp inst="t18760403-282" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-282-charge-1" targOrder="Y" targets="def1-282-18760403 t18760403-282-offence-1 t18760403-282-verdict-1"/>
<join result="criminalCharge" id="t18760403-282-charge-2" targOrder="Y" targets="def1-282-18760403 t18760403-282-offence-2 t18760403-282-verdict-1"/>
<persName id="def1-282-18760403" type="defendantName">
<interp inst="def1-282-18760403" type="gender" value="male"/>
<interp inst="def1-282-18760403" type="age" value="25"/>
<interp inst="def1-282-18760403" type="surname" value="PAULEY"/>
<interp inst="def1-282-18760403" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM PAULEY</hi> (25)</persName>
<rs id="t18760403-282-offence-1" type="offenceDescription">
<interp inst="t18760403-282-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760403-282-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, to stealing a shawl and other articles, of
<persName id="t18760403-name-102" type="victimName">
<interp inst="t18760403-name-102" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18760403-282-offence-1 t18760403-name-102"/>Bernard, Birnbaum</persName>, his masters,</rs> also
<rs id="t18760403-282-offence-2" type="offenceDescription">
<interp inst="t18760403-282-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18760403-282-offence-2" type="offenceSubcategory" value="simpleLarceny"/>to stealing leather leggings, after a conviction at this Court in 1870—</rs>
<rs id="t18760403-282-punishment-24" type="punishmentDescription">
<interp inst="t18760403-282-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t18760403-282-punishment-24" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-282-18760403 t18760403-282-punishment-24"/>
<hi rend="italic">Seven Years' Penal Servitude.</hi> </rs>
<rs id="t18760403-282-verdict-1" type="verdictDescription">
<interp inst="t18760403-282-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760403-282-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18760403-283">
<interp inst="t18760403-283" type="uri" value="sessionsPapers/18760403"/>
<interp inst="t18760403-283" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-283-charge-1" targOrder="Y" targets="def1-283-18760403 t18760403-283-offence-1 t18760403-283-verdict-1"/>
<join result="criminalCharge" id="t18760403-283-charge-2" targOrder="Y" targets="def1-283-18760403 t18760403-283-offence-2 t18760403-283-verdict-1"/>
<join result="criminalCharge" id="t18760403-283-charge-3" targOrder="Y" targets="def1-283-18760403 t18760403-283-offence-3 t18760403-283-verdict-1"/>
<persName id="def1-283-18760403" type="defendantName">
<interp inst="def1-283-18760403" type="gender" value="male"/>
<interp inst="def1-283-18760403" type="age" value="18"/>
<interp inst="def1-283-18760403" type="surname" value="FAZAKERLEY"/>
<interp inst="def1-283-18760403" type="given" value="WILLIAM HENRY"/>
<hi rend="largeCaps">WILLIAM HENRY FAZAKERLEY</hi> (18)</persName>
<rs id="t18760403-283-offence-1" type="offenceDescription">
<interp inst="t18760403-283-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760403-283-offence-1" type="offenceSubcategory" value="receiving"/>, to feloniously receiving a clock and a chain, well knowing them to have been stolen,</rs>
<hi rend="italic">also</hi>
<rs id="t18760403-283-offence-2" type="offenceDescription">
<interp inst="t18760403-283-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18760403-283-offence-2" type="offenceSubcategory" value="receiving"/>
<hi rend="italic">to</hi> receiving 8 yards of cloth, of
<persName id="t18760403-name-104" type="victimName">
<interp inst="t18760403-name-104" type="gender" value="male"/>
<interp inst="t18760403-name-104" type="surname" value="NELSON"/>
<interp inst="t18760403-name-104" type="given" value="SAMUEL"/>
<join result="offenceVictim" targOrder="Y" targets="t18760403-283-offence-2 t18760403-name-104"/>Samuel Nelson</persName> and another, his masters,</rs>
<hi rend="italic">also</hi>
<rs id="t18760403-283-offence-3" type="offenceDescription">
<interp inst="t18760403-283-offence-3" type="offenceCategory" value="theft"/>
<interp inst="t18760403-283-offence-3" type="offenceSubcategory" value="burglary"/>to breaking the window of
<persName id="t18760403-name-105" type="victimName">
<interp inst="t18760403-name-105" type="gender" value="male"/>
<interp inst="t18760403-name-105" type="surname" value="WALKER"/>
<interp inst="t18760403-name-105" type="given" value="EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18760403-283-offence-3 t18760403-name-105"/>Edward Walker</persName>, with intent to commit a burglary.—</rs>
<rs id="t18760403-283-verdict-1" type="verdictDescription">
<interp inst="t18760403-283-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760403-283-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.] </rs>
<rs id="t18760403-283-punishment-25" type="punishmentDescription">
<interp inst="t18760403-283-punishment-25" type="punishmentCategory" value="noPunish"/>
<interp inst="t18760403-283-punishment-25" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-283-18760403 t18760403-283-punishment-25"/>
<hi rend="italic">Judgment Respited.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18760403-284">
<interp inst="t18760403-284" type="uri" value="sessionsPapers/18760403"/>
<interp inst="t18760403-284" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-284-charge-1" targOrder="Y" targets="def1-284-18760403 t18760403-284-offence-1 t18760403-284-verdict-1"/>
<persName id="def1-284-18760403" type="defendantName">
<interp inst="def1-284-18760403" type="gender" value="male"/>
<interp inst="def1-284-18760403" type="age" value="31"/>
<interp inst="def1-284-18760403" type="surname" value="FOSTER"/>
<interp inst="def1-284-18760403" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN FOSTER</hi>** (31)</persName>
<rs id="t18760403-284-offence-1" type="offenceDescription">
<interp inst="t18760403-284-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760403-284-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, to stealing a roll of cloth, value 5
<hi rend="italic">l</hi>., of
<persName id="t18760403-name-107" type="victimName">
<interp inst="t18760403-name-107" type="gender" value="male"/>
<interp inst="t18760403-name-107" type="surname" value="EMSWORTH"/>
<interp inst="t18760403-name-107" type="given" value="THOMAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18760403-284-offence-1 t18760403-name-107"/>Thomas Emsworth</persName> after a previous conviction in 1867—</rs>
<rs id="t18760403-284-punishment-26" type="punishmentDescription">
<interp inst="t18760403-284-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t18760403-284-punishment-26" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-284-18760403 t18760403-284-punishment-26"/>
<hi rend="italic">Ten Years' Penal Servitude and.</hi> </rs>
<rs id="t18760403-284-verdict-1" type="verdictDescription">
<interp inst="t18760403-284-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760403-284-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18760403-285">
<interp inst="t18760403-285" type="uri" value="sessionsPapers/18760403"/>
<interp inst="t18760403-285" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-285-charge-1" targOrder="Y" targets="def1-285-18760403 t18760403-285-offence-1 t18760403-285-verdict-1"/>
<persName id="def1-285-18760403" type="defendantName">
<interp inst="def1-285-18760403" type="gender" value="male"/>
<interp inst="def1-285-18760403" type="age" value="47"/>
<interp inst="def1-285-18760403" type="surname" value="STUART"/>
<interp inst="def1-285-18760403" type="given" value="PATRICK"/>
<hi rend="largeCaps">PATRICK STUART</hi> (47)</persName>
<rs id="t18760403-285-offence-1" type="offenceDescription">
<interp inst="t18760403-285-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18760403-285-offence-1" type="offenceSubcategory" value="bigamy"/>, to feloniously marrying
<persName id="t18760403-name-109" type="victimName">
<interp inst="t18760403-name-109" type="gender" value="female"/>
<interp inst="t18760403-name-109" type="surname" value="SEWELL"/>
<interp inst="t18760403-name-109" type="given" value="MARTHA"/>
<join result="offenceVictim" targOrder="Y" targets="t18760403-285-offence-1 t18760403-name-109"/>Martha Sewell</persName>, his wife being alive—</rs>
<rs id="t18760403-285-punishment-27" type="punishmentDescription">
<interp inst="t18760403-285-punishment-27" type="punishmentCategory" value="imprison"/>
<interp inst="t18760403-285-punishment-27" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-285-18760403 t18760403-285-punishment-27"/>
<hi rend="italic">Five Years' Penal Servitude.</hi> </rs>
<rs id="t18760403-285-verdict-1" type="verdictDescription">
<interp inst="t18760403-285-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760403-285-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18760403-286">
<interp inst="t18760403-286" type="uri" value="sessionsPapers/18760403"/>
<interp inst="t18760403-286" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-286-charge-1" targOrder="Y" targets="def1-286-18760403 t18760403-286-offence-1 t18760403-286-verdict-1"/>
<join result="criminalCharge" id="t18760403-286-charge-2" targOrder="Y" targets="def2-286-18760403 t18760403-286-offence-1 t18760403-286-verdict-1"/>
<persName id="def1-286-18760403" type="defendantName">
<interp inst="def1-286-18760403" type="gender" value="male"/>
<interp inst="def1-286-18760403" type="age" value="32"/>
<interp inst="def1-286-18760403" type="surname" value="BILLINGSLEY"/>
<interp inst="def1-286-18760403" type="given" value="JOHN"/>
<interp inst="def1-286-18760403" type="occupation" value="railway employee"/>
<hi rend="largeCaps">JOHN BILLINGSLEY</hi> (32)</persName>,
<hi rend="italic">and</hi>
<persName id="def2-286-18760403" type="defendantName">
<interp inst="def2-286-18760403" type="gender" value="male"/>
<interp inst="def2-286-18760403" type="age" value="22"/>
<interp inst="def2-286-18760403" type="surname" value="GILLIES"/>
<interp inst="def2-286-18760403" type="given" value="WALTER"/>
<hi rend="largeCaps">WALTER GILLIES</hi> (22)</persName>
<rs id="t18760403-286-offence-1" type="offenceDescription">
<interp inst="t18760403-286-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760403-286-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, Steal
<lb/>ing 121 yards of cloth of the
<persName id="t18760403-name-112" type="victimName">
<interp inst="t18760403-name-112" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18760403-286-offence-1 t18760403-name-112"/>London and North Western Railway Com
<lb/>pany</persName>, the masters of Billingsley.</rs> </p>
<hi rend="smallCaps">MESSRS. STRAIGHT</hi> and
<hi rend="smallCaps">HUMPHRIES</hi>
<hi rend="italic">conducted the Prosecution;</hi> Mr. W.
<hi rend="smallCaps">SLEIGH</hi>
<hi rend="italic">appeared for Billingsley and</hi> Mr. Cole
<hi rend="italic">for Gillies.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760403-name-113" type="witnessName">
<interp inst="t18760403-name-113" type="gender" value="male"/>
<interp inst="t18760403-name-113" type="surname" value="THURSTON"/>
<interp inst="t18760403-name-113" type="given" value="THOMAS"/>THOMAS THURSTON</persName> </hi> (
<hi rend="italic">Railway Police Sergeant</hi>). The prisoner Gillies is in the employ of Messrs. Chaplin Horne—his van is No. 626—Billingsley is a van setter in the employ of the London and North Western Railway Company—in consequence of instructions I received I watched the prisoners, and on 13th March, about 7.45 I saw Billingsley go to Pickford's van 238, look at it and 'go away—he returned in a few minutes with Gillies, who mounted the van and examined the goods while Billingsley stood looking at him—Gillies came down and they had a conversation, which I could not hear—they went away and returned in about five minutes—Gillies again mounted the van and handed down this truss (
<hi rend="italic">produced</hi>) to Billingsley, who carried it a short distance to Chaplin Horne's van 626—Gillies mounted that van, received the truss from Billingsley and placed it between two casks in the front of the van, under the driving seat—I came out of my hiding place, Gillies jumped down oft the van—Billingsley said something to him which I could not catch—I followed them and stopped them as they were making their way into the street—Gillies said "What are you stopping me for?"—I said "I charge you with stealing that truss"—he said "You have got me, you may make the best of me"—Billingsley said "I was not there when you took me."</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. W. SLEIGH</hi>. It was daylight—I was 15 or 20 yards from them, concealed on top of a loaded van in the open ware-house—they were in the same warehouse.</p>
<xptr type="pageFacsimile" doc="187604030017"/>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COLE</hi>. I have been ten years a detective—I had been watching the prisoners for a week—no one else was there.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-114" type="witnessName">
<interp inst="t18760403-name-114" type="gender" value="male"/>
<interp inst="t18760403-name-114" type="surname" value="BERKSHIRE"/>
<interp inst="t18760403-name-114" type="given" value="GEORGE"/>GEORGE BERKSHIRE</persName> </hi>. I am a delivery foreman, in the employ of Chaplin & Horne—I know Gillies, van No. 626 was in his possession on 13th March—it was his duty to get his horse and deliver that load.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COLE</hi>. He has been in Chaplin Home's employ about six years.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-115" type="witnessName">
<interp inst="t18760403-name-115" type="gender" value="male"/>
<interp inst="t18760403-name-115" type="surname" value="YOUNG"/>
<interp inst="t18760403-name-115" type="given" value="HENRY EDWARD"/>HENRY EDWARD YOUNG</persName> </hi>. I am outdoor superintendent at the Goods Station, Broad Street—it was not Billingsley's duty to load or unload any of the vans, nor had he authority to order a parcel to be removed from one van to another.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COLE</hi>. A van setter is a man who removes vans either loaded or empty wherever they are required.</p>
<hi rend="italic">Re-examined.</hi> He has nothing to do with removing the goods and has no control over them.</p>
<hi rend="smallCaps">
<rs id="t18760403-286-verdict-1" type="verdictDescription">
<interp inst="t18760403-286-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760403-286-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18760403-286-punishment-28" type="punishmentDescription">
<interp inst="t18760403-286-punishment-28" type="punishmentCategory" value="imprison"/>
<interp inst="t18760403-286-punishment-28" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-286-18760403 t18760403-286-punishment-28"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-286-18760403 t18760403-286-punishment-28"/>Five years' Penal Servitude each</rs>.</hi> </p>
<hi rend="italic">There was another Indictment against the prisoners.</hi> </p> </div1>
<div1 type="trialAccount" id="t18760403-287">
<interp inst="t18760403-287" type="uri" value="sessionsPapers/18760403"/>
<interp inst="t18760403-287" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-287-charge-1" targOrder="Y" targets="def1-287-18760403 t18760403-287-offence-1 t18760403-287-verdict-1"/>
<join result="criminalCharge" id="t18760403-287-charge-2" targOrder="Y" targets="def2-287-18760403 t18760403-287-offence-1 t18760403-287-verdict-2"/>
<persName id="def1-287-18760403" type="defendantName">
<interp inst="def1-287-18760403" type="gender" value="male"/>
<interp inst="def1-287-18760403" type="age" value="17"/>
<interp inst="def1-287-18760403" type="surname" value="SIMPSON"/>
<interp inst="def1-287-18760403" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN SIMPSON</hi> (17)</persName>,
<hi rend="italic">and</hi>
<persName id="def2-287-18760403" type="defendantName">
<interp inst="def2-287-18760403" type="gender" value="male"/>
<interp inst="def2-287-18760403" type="age" value="20"/>
<interp inst="def2-287-18760403" type="surname" value="WESTON"/>
<interp inst="def2-287-18760403" type="given" value="DANIEL"/>
<hi rend="largeCaps">DANIEL WESTON</hi> (20)</persName>
<rs id="t18760403-287-offence-1" type="offenceDescription">
<interp inst="t18760403-287-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760403-287-offence-1" type="offenceSubcategory" value="pocketpicking"/>, Stealing a watch of
<persName id="t18760403-name-118" type="victimName">
<interp inst="t18760403-name-118" type="gender" value="male"/>
<interp inst="t18760403-name-118" type="surname" value="LEVY"/>
<interp inst="t18760403-name-118" type="given" value="DANIEL"/>
<join result="offenceVictim" targOrder="Y" targets="t18760403-287-offence-1 t18760403-name-118"/>Daniel Levy</persName>, from his person, to which</rs> </p>
<hi rend="largeCaps">SIMPSON</hi>
<hi rend="smallCaps">
<rs id="t18760403-287-verdict-1" type="verdictDescription">
<interp inst="t18760403-287-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760403-287-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>**.</p>
<hi rend="smallCaps">MR. COOPER</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760403-name-119" type="witnessName">
<interp inst="t18760403-name-119" type="gender" value="male"/>
<interp inst="t18760403-name-119" type="surname" value="DOWNES"/>
<interp inst="t18760403-name-119" type="given" value="FREDERICK"/>FREDERICK DOWNES</persName> </hi> (
<hi rend="italic">City Detective</hi> 102). Between 3 and 4 p.m. on March 6th, I was on duty in High Street, Aldgate, and saw the prisoner and another man who is not in custody—I watched them—there were a great number of people there, and I saw Mr.
<hi rend="italic">Levy</hi> and a lady—Weston placed himself on Mr. Levy's left and Simpson was behind him—the man not in custody was in front impeding her progress—Weston put his left hand under his own right arm and lifted the chain "from Mr. Levy's pocket—I saw it fall, and then Weston passed something to Simpson—I called out "Your watch is gone," and put my arm round the prisoners—Simpson put his hand in his trowsers pocket and threw the watch into a cart—a gentleman picked it up and gave it to me—Scarlett came up and took Simpson from me—Weston kicked me twice on the knee; I got him to the other side of the road; he seized me by the throat and jammed my head against the wall—blood came from my mouth—he said "You sod, if you don't let me go I will strangle you"—a number of roughs came up and assisted him—he became very violent and the uniform men had to draw their truncheons—I was taken to the hospital and laid there four days.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-120" type="witnessName">
<interp inst="t18760403-name-120" type="gender" value="male"/>
<interp inst="t18760403-name-120" type="surname" value="SCARLETT"/>
<interp inst="t18760403-name-120" type="given" value="JOHN"/>JOHN SCARLETT</persName> </hi> (
<hi rend="italic">City Policeman</hi> 915). I was on duty—Downes seized the two prisoners and called to me—I seized Simpson—Weston put his foot before me, I did not fall, but in recovering myself I laid hold of Simpson by the left leg—he put his right hand into his pocket and slung this watch away among the carts—I found this chain in Simpson's waistcoat to repre
<lb/>sent that he was wearing a watch.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-121" type="witnessName">
<interp inst="t18760403-name-121" type="gender" value="indeterminate"/>
<interp inst="t18760403-name-121" type="surname" value="LEVY"/>
<interp inst="t18760403-name-121" type="given" value="DASIEL"/>DASIEL LEVY</persName> </hi>. I live at Bow—I lost my watch in Aldgate on 6th March, this is it; it was attached to a chain to my waistcoat, and somebody called to me and I missed it.</p>
<hi rend="italic">Weston's Defence.</hi> I was not with him at all. I was looking at the deco
<lb/>rations and the detective pounced upon me and nearly strangled me. I was not there when the watch was stolen.</p>
<hi rend="largeCaps">WESTON</hi>*—
<hi rend="smallCaps">
<rs id="t18760403-287-verdict-2" type="verdictDescription">
<interp inst="t18760403-287-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18760403-287-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18760403-287-punishment-29" type="punishmentDescription">
<interp inst="t18760403-287-punishment-29" type="punishmentCategory" value="imprison"/>
<interp inst="t18760403-287-punishment-29" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-287-18760403 t18760403-287-punishment-29"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-287-18760403 t18760403-287-punishment-29"/>Five years Penal Servitude each</rs>.</hi> </p> </div1>
<div1 type="trialAccount" id="t18760403-288">
<interp inst="t18760403-288" type="uri" value="sessionsPapers/18760403"/>
<interp inst="t18760403-288" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-288-charge-1" targOrder="Y" targets="def1-288-18760403 t18760403-288-offence-1 t18760403-288-verdict-1"/>
<xptr type="pageFacsimile" doc="187604030018"/>
<persName id="def1-288-18760403" type="defendantName">
<interp inst="def1-288-18760403" type="gender" value="male"/>
<interp inst="def1-288-18760403" type="age" value="22"/>
<interp inst="def1-288-18760403" type="surname" value="PRYNNE"/>
<interp inst="def1-288-18760403" type="given" value="HAWKEY"/>
<hi rend="largeCaps">HAWKEY PRYNNE</hi> (22)</persName>
<rs id="t18760403-288-offence-1" type="offenceDescription">
<interp inst="t18760403-288-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760403-288-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing 6
<hi rend="italic">l</hi>., the monies of
<persName id="t18760403-name-123" type="victimName">
<interp inst="t18760403-name-123" type="gender" value="male"/>
<interp inst="t18760403-name-123" type="surname" value="PHILLIPS"/>
<interp inst="t18760403-name-123" type="given" value="GEORGE HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18760403-288-offence-1 t18760403-name-123"/>George Henry Phillips</persName>.</rs> </p>
<hi rend="smallCaps">MR. POLAND</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760403-name-124" type="witnessName">
<interp inst="t18760403-name-124" type="gender" value="male"/>
<interp inst="t18760403-name-124" type="surname" value="PHILLIPS"/>
<interp inst="t18760403-name-124" type="given" value="GEORGE HENRY"/>GEORGE HENRY PHILLIPS</persName> </hi>. I was shop foreman to Messrs. Hill Son, of 60, Bishopsgate Street, confectioners—the prisoner was in their service and another man named Thompson—the prisoner and I occupied the same room, and Thompson slept upstairs—ours was a back room on the second floor—I kept money in that room in a tin box in a drawer which was locked—the prisoner knew that, because he was there one morning when I took some money out to lend to Thompson—the prisoner was discharged, and he and Thompson both left on Tuesday—on the next Saturday, the 26th, I went out about 8.45, leaving my bedroom safe and 6
<hi rend="italic">l</hi>. in the box in the drawer, there were four sovereigns, three half-sovereigns, and some silver—I was away half an hour—I had seen the box safe a quarter of an hour before I went out, at 8.30, and when I returned I found that the drawer had been forced open and the money taken out—I went to the prisoner's lodgings the same night, but could not find him; I saw him next morning at 11.30—he was taken in custody and searched—Clara Hartley was in the house when I went out.</p>
<hi rend="italic">Prisoner.</hi> I went to the house for a tobacco pouch which you have of mine, also for some books and a brush.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-125" type="witnessName">
<interp inst="t18760403-name-125" type="gender" value="female"/>
<interp inst="t18760403-name-125" type="surname" value="HARTLEY"/>
<interp inst="t18760403-name-125" type="given" value="CLARA"/>CLARA HARTLEY</persName> </hi>. I am housemaid to Messrs. Hill—on Saturday evening, 26th February, the prisoner came there and came upstairs for his clothes brush—he was alone—he went down to Mr. Phillips' room, where he had slept, for his clothes brush; he was only there about two minutes—he came out with books under his arm, but 1 saw no clothes brush—the kitchen door was open and he had to pass it to go to Mr. Phillips' bedroom—Mr. Phillips had gone there just before—no one but the prisoner passed the kitchen door I am sure—after the prisoner left Mr. Phillips returned and complained of the loss of his money—the entrance is through the shop.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> You came into the kitchen and asked me in the cook's presence whether you could go into the bedroom and fetch your brush and things—the cook offered you a glass of beer—you said "I cannot find the brush, will you kindly look for it and keep it for me if you see it."</p>
<hi rend="smallCaps">
<persName id="t18760403-name-126" type="witnessName">
<interp inst="t18760403-name-126" type="gender" value="male"/>
<interp inst="t18760403-name-126" type="surname" value="SPILLEY"/>
<interp inst="t18760403-name-126" type="given" value="CHARLES"/>CHARLES SPILLEY</persName> </hi> (
<hi rend="italic">Policeman</hi>). On Saturday night, 16th February, I went to Tichborne Street, with Mr. Phillips, and waited till 2 am., but did not find the prisoner—I found him at the station, about 11.30 next morning, took him to Bishopsgate Station, and found on him 2
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.</p>
<hi rend="smallCaps">
<rs id="t18760403-288-verdict-1" type="verdictDescription">
<interp inst="t18760403-288-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18760403-288-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18760403-289">
<interp inst="t18760403-289" type="uri" value="sessionsPapers/18760403"/>
<interp inst="t18760403-289" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-289-charge-1" targOrder="Y" targets="def1-289-18760403 t18760403-289-offence-1 t18760403-289-verdict-1"/>
<persName id="def1-289-18760403" type="defendantName">
<interp inst="def1-289-18760403" type="gender" value="male"/>
<interp inst="def1-289-18760403" type="age" value="28"/>
<interp inst="def1-289-18760403" type="surname" value="HARPER"/>
<interp inst="def1-289-18760403" type="given" value="JAMES HENRY DUNCAN"/>
<hi rend="largeCaps">JAMES HENRY DUNCAN HARPER</hi> (28)</persName>
<rs id="t18760403-289-offence-1" type="offenceDescription">
<interp inst="t18760403-289-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18760403-289-offence-1" type="offenceSubcategory" value="bigamy"/>, Feloniously marrying
<persName id="t18760403-name-128" type="victimName">
<interp inst="t18760403-name-128" type="gender" value="female"/>
<interp inst="t18760403-name-128" type="surname" value="HARVEY"/>
<interp inst="t18760403-name-128" type="given" value="MARGARET AGNES"/>
<join result="offenceVictim" targOrder="Y" targets="t18760403-289-offence-1 t18760403-name-128"/>Margaret Agnes Harvey</persName>, his wife being alive.</rs> </p>
<hi rend="smallCaps">MR. A. METCALFE</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. MOODY</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760403-name-129" type="witnessName">
<interp inst="t18760403-name-129" type="gender" value="male"/>
<interp inst="t18760403-name-129" type="surname" value="SURTEES"/>
<interp inst="t18760403-name-129" type="given" value="ROBERT WESTON"/>ROBERT WESTON SURTEES</persName> </hi>. I a ship owner of North Shields, and know the prisoner very well—I first knew him in 1867 or 1868, and he was in my employ in 1869—I was present when he was married to my wife's sister at the Wesleyan Chapel, North Shields, and produce a copy of the certificate. (
<hi rend="italic">This certified the marriage of James Henry Duncan Harper, and Martha Eleanor Mann, at Tynemouth, on</hi> 16
<hi rend="italic">th November</hi>, 1869). I saw the prisoner's wife last Saturday night—the prisoner left his employment in 1871, and left Tynemouth altogether—I afterwards went to the parish of St. Matthews and obtained—this other certificate. (
<hi rend="italic">Read:</hi> "St. Matthew, Middlesex,</p>
<xptr type="pageFacsimile" doc="187604030019"/>
<p>19th April, 1875, James Henry Duncan Harper, batchelor, and Margaret Agnes Harvey, spinster, married by banns.") I saw the entry, it was signed in the prisoner's writing.</p>
<hi rend="italic">Cross-examined.</hi> I have had no instructions from or communication with the second wife—I am her brother-in-law—I am aware that the prisoner has written a letter expressing doubts of her fidelity, but he withdrew it entirely—this (
<hi rend="italic">produced</hi>) is his withdrawal—he never complained of her fidelity till the letter of 1st July, 1875 (
<hi rend="italic">produced</hi>), that was the first time he ever made such a charge to my knowledge.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-130" type="witnessName">
<interp inst="t18760403-name-130" type="gender" value="male"/>
<interp inst="t18760403-name-130" type="surname" value="GILLINGHAM"/>
<interp inst="t18760403-name-130" type="given" value="GEORGE"/>GEORGE GILLINGHAM</persName> </hi>. I live at 52, Charlotte Street, Portman Place—in April, 1875, I was present at a marriage, between the prisoner and a woman named Harvey.</p>
<hi rend="smallCaps">
<rs id="t18760403-289-verdict-1" type="verdictDescription">
<interp inst="t18760403-289-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760403-289-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18760403-289-punishment-30" type="punishmentDescription">
<interp inst="t18760403-289-punishment-30" type="punishmentCategory" value="imprison"/>
<interp inst="t18760403-289-punishment-30" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-289-18760403 t18760403-289-punishment-30"/>Five Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18760403-290">
<interp inst="t18760403-290" type="uri" value="sessionsPapers/18760403"/>
<interp inst="t18760403-290" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-290-charge-1" targOrder="Y" targets="def1-290-18760403 t18760403-290-offence-1 t18760403-290-verdict-1"/>
<persName id="def1-290-18760403" type="defendantName">
<interp inst="def1-290-18760403" type="gender" value="male"/>
<interp inst="def1-290-18760403" type="age" value="19"/>
<interp inst="def1-290-18760403" type="surname" value="WILLIAMS"/>
<interp inst="def1-290-18760403" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN WILLIAMS</hi>, (19)</persName>
<rs id="t18760403-290-offence-1" type="offenceDescription">
<interp inst="t18760403-290-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760403-290-offence-1" type="offenceSubcategory" value="pocketpicking"/> Stealing a watch of
<persName id="t18760403-name-132" type="victimName">
<interp inst="t18760403-name-132" type="gender" value="male"/>
<interp inst="t18760403-name-132" type="surname" value="MCEWEN"/>
<interp inst="t18760403-name-132" type="given" value="ROBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t18760403-290-offence-1 t18760403-name-132"/>Robert McEwen</persName>, from his person.</rs> </p>
<hi rend="smallCaps">MR. A. B. KELLY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760403-name-133" type="witnessName">
<interp inst="t18760403-name-133" type="gender" value="male"/>
<interp inst="t18760403-name-133" type="surname" value="MCEWEN"/>
<interp inst="t18760403-name-133" type="given" value="ROBERT"/>ROBERT MCEWEN</persName> </hi>. On Saturday eight, 18th March, I was walking in Holborn, somebody rushed past me and snatched my watch—I am almost sure it was the prisoner—I pursued him, a policeman stopped the prisoner and I gave him in custody—I am not positively sure of him, but just next to it.</p>
<hi rend="italic">Cross-examined by the Prisoner.</hi> I had not been drinking; I had dined.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-134" type="witnessName">
<interp inst="t18760403-name-134" type="gender" value="male"/>
<interp inst="t18760403-name-134" type="surname" value="LOCKYER"/>
<interp inst="t18760403-name-134" type="given" value="GEORGE"/>GEORGE LOCKYER</persName> </hi> (
<hi rend="italic">Policeman E</hi> 208). I was on duty, heard cries of stop thief, and saw the prisoner coming towards me—I stopped him and said "What is the matter?"—he said "I do not know I have not got the gentleman's watch"—no one had said anything about a watch then, but a moment afterwards the prosecutor arrived and said that he had lost his watch and should charge the prisoner with it—the watch was picked no.</p>
<hi rend="italic">Prisoner.</hi> I did not say anything about the watch.</p>
<hi rend="italic">Witness.</hi> You did.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-135" type="witnessName">
<interp inst="t18760403-name-135" type="gender" value="male"/>
<interp inst="t18760403-name-135" type="surname" value="HARPER"/>
<interp inst="t18760403-name-135" type="given" value="SAMUEL"/>SAMUEL HARPER</persName> </hi>. I live at 48, Eagle Street, Holborn—on this Saturday night, I heard a cry of "Stop thief"—I was in ray parlour—I went out and saw the prisoner standing by the constable, a few doors off—I ran up and he was removed round the corner—as I went back I picked up this watch within a few yards of where the prisoner was stopped.</p>
<hi rend="italic">Cross-examined.</hi> I did not say at the police-court, that I found it 50 yards from where you were stopped.</p>
<hi rend="italic">Prisoner's Defence.</hi> I saw a crowd and went up to see what it was; I saw the prosecutor drunk, and swinging his stick about and jumping; I laughed at him and he struck me with his stick; I ran away and he ran after me and caught his stick in his trowsers or waistcoat, and two or three men got bold of him and began to pull him about; they shoved me away and I ran. The prosecutor called "Stop thief," and the policeman stopped me. The prosecutor came up and he fell down from drink before he got up to me. As I was going down the witness gave the policeman the watch and said "You have got the
<hi rend="italic">jack."</hi> The policeman said that he would "make it up for me. "I can get nine or ten witnesses to say that the prosecutor was drunk and incapable.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-136" type="witnessName">
<interp inst="t18760403-name-136" type="gender" value="male"/>
<interp inst="t18760403-name-136" type="surname" value="LOCKYER"/>
<interp inst="t18760403-name-136" type="given" value="GEORGE"/>GEORGE LOCKYER</persName> </hi> (
<hi rend="italic">re-examined</hi>). McEwen was perfectly sober—no one but the prisoner was running within 30 yards.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-137" type="witnessName">
<interp inst="t18760403-name-137" type="gender" value="male"/>
<interp inst="t18760403-name-137" type="surname" value="HARPER"/>
<interp inst="t18760403-name-137" type="given" value="SAMUEL"/>SAMUEL HARPER</persName> </hi> (
<hi rend="italic">re-examined</hi>). McEwen was not drunk—he walked from the Eagle to the inspector, and there was nothing the matter with him that I saw.</p>
<hi rend="smallCaps">
<rs id="t18760403-290-verdict-1" type="verdictDescription">
<interp inst="t18760403-290-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18760403-290-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18760403-291">
<interp inst="t18760403-291" type="uri" value="sessionsPapers/18760403"/>
<interp inst="t18760403-291" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-291-charge-1" targOrder="Y" targets="def1-291-18760403 t18760403-291-offence-1 t18760403-291-verdict-1"/>
<xptr type="pageFacsimile" doc="187604030020"/>
<persName id="def1-291-18760403" type="defendantName">
<interp inst="def1-291-18760403" type="gender" value="male"/>
<interp inst="def1-291-18760403" type="age" value="29"/>
<interp inst="def1-291-18760403" type="surname" value="CAIN"/>
<interp inst="def1-291-18760403" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM CAIN</hi> (29)</persName>
<rs id="t18760403-291-offence-1" type="offenceDescription">
<interp inst="t18760403-291-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760403-291-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing a coat of
<persName id="t18760403-name-139" type="victimName">
<interp inst="t18760403-name-139" type="gender" value="male"/>
<interp inst="t18760403-name-139" type="surname" value="PUTTICK"/>
<interp inst="t18760403-name-139" type="given" value="JOHN HENRY"/>
<join result="offenceVictim" targOrder="Y" targets="t18760403-291-offence-1 t18760403-name-139"/>John Henry Puttick</persName>.</rs> </p>
<hi rend="smallCaps">MR. FOSTER-REED</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760403-name-140" type="witnessName">
<interp inst="t18760403-name-140" type="gender" value="male"/>
<interp inst="t18760403-name-140" type="surname" value="LOCK"/>
<interp inst="t18760403-name-140" type="given" value="BENJAMIN"/>BENJAMIN LOCK</persName> </hi>. I am in the employ of Mr. Puttick, of 44, Fleet Street—on 1st March, I heard him call out "High," and saw the prisoner leaving the shop with a coat thrown over his shoulder—I followed him, he dropped the coat and ran across to St. Dunstan's Church—I never lost sight of him till he was taken in Bell Yard—this is the coat (
<hi rend="italic">produced</hi>).</p>
<hi rend="italic">Cross-examined by Prisoner.</hi> I did not see your face, but I did not lose sight of you, the coat did not hide your face, because you dropped it—I did not see another man running towards Fetter Lane.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-141" type="witnessName">
<interp inst="t18760403-name-141" type="gender" value="male"/>
<interp inst="t18760403-name-141" type="surname" value="COLE"/>
<interp inst="t18760403-name-141" type="given" value="THOMAS"/>THOMAS COLE</persName> </hi> (
<hi rend="italic">City Policeman</hi> 452). I saw the prisoner running, followed him into Bell Yard and took him without losing sight of him.</p>
<hi rend="italic">Prisoner's Defence.</hi> I met two men; I know one of them left us and returned with the coat. I immediately saw that it was stolen and ran away. I did not touch it, or enter the shop.</p>
<hi rend="smallCaps">
<rs id="t18760403-291-verdict-1" type="verdictDescription">
<interp inst="t18760403-291-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760403-291-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">He was further charged with a previous conviction at Clerken-well in August</hi>, 1870,
<hi rend="italic">to which he</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi>**—
<hi rend="italic">
<rs id="t18760403-291-punishment-31" type="punishmentDescription">
<interp inst="t18760403-291-punishment-31" type="punishmentCategory" value="imprison"/>
<interp inst="t18760403-291-punishment-31" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-291-18760403 t18760403-291-punishment-31"/>Ten Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18760403-292">
<interp inst="t18760403-292" type="uri" value="sessionsPapers/18760403"/>
<interp inst="t18760403-292" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-292-charge-1" targOrder="Y" targets="def1-292-18760403 t18760403-292-offence-1 t18760403-292-verdict-1"/>
<join result="criminalCharge" id="t18760403-292-charge-2" targOrder="Y" targets="def2-292-18760403 t18760403-292-offence-1 t18760403-292-verdict-1"/>
<persName id="def1-292-18760403" type="defendantName">
<interp inst="def1-292-18760403" type="gender" value="male"/>
<interp inst="def1-292-18760403" type="age" value="18"/>
<interp inst="def1-292-18760403" type="surname" value="FISHER"/>
<interp inst="def1-292-18760403" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE FISHER</hi> (18)</persName>,
<hi rend="italic">and</hi>
<persName id="def2-292-18760403" type="defendantName">
<interp inst="def2-292-18760403" type="gender" value="male"/>
<interp inst="def2-292-18760403" type="age" value="21"/>
<interp inst="def2-292-18760403" type="surname" value="SPICER"/>
<interp inst="def2-292-18760403" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES SPICER</hi> (21)</persName>
<rs id="t18760403-292-offence-1" type="offenceDescription">
<interp inst="t18760403-292-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18760403-292-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery on
<persName id="t18760403-name-144" type="victimName">
<interp inst="t18760403-name-144" type="gender" value="male"/>
<interp inst="t18760403-name-144" type="surname" value="MARKS"/>
<interp inst="t18760403-name-144" type="given" value="COHEN"/>
<join result="offenceVictim" targOrder="Y" targets="t18760403-292-offence-1 t18760403-name-144"/>Cohen Marks</persName>, and stealing a watch and chain his property.</rs> </p>
<hi rend="smallCaps">MR. A. METCALFE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760403-name-145" type="witnessName">
<interp inst="t18760403-name-145" type="gender" value="indeterminate"/>
<interp inst="t18760403-name-145" type="surname" value="MARKS"/>
<interp inst="t18760403-name-145" type="given" value="COHEN"/>COHEN MARKS</persName> </hi>. I am a Dutch surgeon, of 28, Princes Square—on 10th March, about 9.30 I was going home through Shovel Alley, and heard footsteps behind me—a woman cried out "Gentleman, take care there are thieves after you"—I turned to my right and some one put his right hand on my face and mouth, and one or two others got my arms in this position, another man unbuttoned my over coat and took my watch and chain and handkerchief—I cried "Police," and they ran away—my watch has not been found—I Cannot identify either of them.</p>
<hi rend="italic">Cross-examined by Spicer.</hi> I did not say at the police-court that you were not the men.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-146" type="witnessName">
<interp inst="t18760403-name-146" type="gender" value="male"/>
<interp inst="t18760403-name-146" type="surname" value="SMEETH"/>
<interp inst="t18760403-name-146" type="given" value="HARRY"/>HARRY SMEETH</persName> </hi>. I am a grocer's boy, and live at 3, Chapman Place—I was in Shovel Alley about 9.30 p.m. and saw four
<hi rend="italic">chaps</hi> pass me, the prisoners are two of them—one stood at the bottom of the alley and three of them went to Mr. Marks and put their hands over his mouth and round his throat, unbottoned his coat and took his watch—when one of them was caught he had two black eyes.</p>
<hi rend="italic">Cross-examined by Fisher.</hi> You were laughing as you went by and you all helped.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-147" type="witnessName">
<interp inst="t18760403-name-147" type="gender" value="male"/>
<interp inst="t18760403-name-147" type="surname" value="COLLIER"/>
<interp inst="t18760403-name-147" type="given" value="RICHARD"/>RICHARD COLLIER</persName> </hi>. I live at 44, Spencer Street—I was in Shovel Alley and saw Marks there and four
<hi rend="italic">chaps</hi>, the prisoners are two of them—they all ran towards him put their hands over his mouth, took his watch and chain and ran round the square.</p>
<hi rend="italic">Fisher.</hi> I did not. I am not strong enough. I can hardly hold myself up.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-148" type="witnessName">
<interp inst="t18760403-name-148" type="gender" value="male"/>
<interp inst="t18760403-name-148" type="surname" value="JACOBS"/>
<interp inst="t18760403-name-148" type="given" value="MICHAEL"/>MICHAEL JACOBS</persName> </hi>. I live at 129, Cable Street—I was in Cable Street, and saw four young men—this gentleman had some eggs and bread and butter, one of the boys looked into the public-house and they ran after him—one put his hand over his mouth and the other took his watch and chain—the prisoners are two of them.</p>
<hi rend="italic">Cross-examined by Fisher.</hi> You had that scarf on when you did it.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-149" type="witnessName">
<interp inst="t18760403-name-149" type="gender" value="male"/>
<interp inst="t18760403-name-149" type="surname" value="NEWMAN"/>
<interp inst="t18760403-name-149" type="given" value="JOSEPH"/>JOSEPH NEWMAN</persName> </hi> (
<hi rend="italic">Detective Officer H</hi>). I took the prisoners on the 12th,</p>
<xptr type="pageFacsimile" doc="187604030021"/>
<p>two days afterwards, took them to the station and some persons brought to identify them failed to do so—I took Fisher again on the 16th, and charged him with being concerned in stealing a watch, he said "Do you think if I had done anything wrong I should be walking about here"—I said "I don't know"—I went with detective Girling to Spicer's house—Girling went up-stairs and I waited below—a woman came there who had been to the station to ask if George Fisher was locked up—Girling took Spicer—they were put with four others and identified by the three boys and the female.</p>
<hi rend="italic">Spicer.</hi> The boy Collier identified neither of us, he picked out a boy with a blue gurnsey.</p>
<hi rend="italic">Witness.</hi> He picked out one other boy who I knew was innocent; he also picked out Fisher, but he did not identify you—I did not tell the boys anything about your dress.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-150" type="witnessName">
<interp inst="t18760403-name-150" type="gender" value="male"/>
<interp inst="t18760403-name-150" type="surname" value="GIRLING"/>
<interp inst="t18760403-name-150" type="given" value="WILLIAM"/>WILLIAM GIRLING</persName> </hi> (
<hi rend="italic">Detective Officer H</hi>). I took Spicer on 16th March—He said "You have taken me before on the same charge, so help me God, I am innocent. I know nothing about it.</p>
<hi rend="italic">Spicer's Defence.</hi> I was at work at the time.</p>
<hi rend="smallCaps">
<rs id="t18760403-292-verdict-1" type="verdictDescription">
<interp inst="t18760403-292-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760403-292-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">Fisher was further charged with a previous conviction at Clerkenwell in</hi> 1874,
<hi rend="italic">to which he</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi>.
<hi rend="largeCaps">FISHER</hi>**—
<hi rend="italic">
<rs id="t18760403-292-punishment-32" type="punishmentDescription">
<interp inst="t18760403-292-punishment-32" type="punishmentCategory" value="imprison"/>
<interp inst="t18760403-292-punishment-32" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-292-18760403 t18760403-292-punishment-32"/>Seven Years' Penal Servitude.</rs> </hi> </p>
<hi rend="largeCaps">SPICER</hi>
<hi rend="italic">
<rs id="t18760403-292-punishment-33" type="punishmentDescription">
<interp inst="t18760403-292-punishment-33" type="punishmentCategory" value="imprison"/>
<interp inst="t18760403-292-punishment-33" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-292-18760403 t18760403-292-punishment-33"/>Five years' Penal Servitude.</rs> </hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, April</hi> 6
<hi rend="italic">th, Thursday</hi>, 7
<hi rend="italic">th, and Friday</hi> 8
<hi rend="italic">th</hi>, 1876.</p>
<hi rend="italic">Before Mr. Baron Pollock.</hi> </p>
<div1 type="trialAccount" id="t18760403-293">
<interp inst="t18760403-293" type="uri" value="sessionsPapers/18760403"/>
<interp inst="t18760403-293" type="date" value="18760403"/>
<join result="criminalCharge" id="t18760403-293-charge-1" targOrder="Y" targets="def1-293-18760403 t18760403-293-offence-1 t18760403-293-verdict-1"/>
<persName id="def1-293-18760403" type="defendantName">
<interp inst="def1-293-18760403" type="gender" value="male"/>
<interp inst="def1-293-18760403" type="surname" value="KEYN"/>
<interp inst="def1-293-18760403" type="given" value="FERDINAND"/>
<hi rend="largeCaps">FERDINAND KEYN</hi> </persName> was indicted
<rs id="t18760403-293-offence-1" type="offenceDescription">
<interp inst="t18760403-293-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18760403-293-offence-1" type="offenceSubcategory" value="manslaughter"/> for feloniously killing and slaying
<persName id="t18760403-name-152" type="victimName">
<interp inst="t18760403-name-152" type="gender" value="female"/>
<interp inst="t18760403-name-152" type="surname" value="YOUNG"/>
<interp inst="t18760403-name-152" type="given" value="JESSIE DORCAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18760403-293-offence-1 t18760403-name-152"/>Jessie Dorcas Young</persName> on the high seas.
<hi rend="italic">Second Count</hi>—within the jurisdiction of this Court. He was
<hi rend="italic">also</hi> charged on the Coroner's Inquisition with the like offence.</rs> </p>
<hi rend="smallCaps">
<persName id="t18760403-name-153" type="witnessName">
<interp inst="t18760403-name-153" type="gender" value="indeterminate"/>
<interp inst="t18760403-name-153" type="surname" value="SOLICITOR-GENERAL"/>
<interp inst="t18760403-name-153" type="given" value="ATTORNEY-GENERAL,"/>THE ATTORNEY-GENERAL, THE SOLICITOR-GENERAL</persName> </hi>,
<hi rend="italic">with</hi>
<hi rend="smallCaps">MESSRS. POLAND, BOWEN</hi>,
<hi rend="italic">and</hi> </p>
<hi rend="smallCaps">STRAIGHT</hi>
<hi rend="italic">conducted the Prosecution; and</hi> </p>
<hi rend="smallCaps">
<persName id="t18760403-name-154" type="witnessName">
<interp inst="t18760403-name-154" type="gender" value="indeterminate"/>
<interp inst="t18760403-name-154" type="surname" value="COHEN"/>
<interp inst="t18760403-name-154" type="given" value="PARRY,"/>MR. SERJEANT PARRY, MR. COHEN</persName> </hi>, Q.C.,
<hi rend="italic">with</hi>
<hi rend="smallCaps">MR. MONTAGU WILLIAMS, DR. PHILLMORE</hi>,
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. STUBBS</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760403-name-155" type="witnessName">
<interp inst="t18760403-name-155" type="gender" value="male"/>
<interp inst="t18760403-name-155" type="surname" value="DONALD"/>
<interp inst="t18760403-name-155" type="given" value="ARCHIBALD"/>ARCHIBALD DONALD</persName> </hi>. I am master of the vessel,
<hi rend="italic">The Queen of Nations</hi>—on 17th February, I was near Dover on board my barque—I saw three bodies in the water, two men and one woman—I picked them up and brought them to London—the woman was dead when she was brought on board my vessel—I gave her body to Terry, the Thames police inspector.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-156" type="witnessName">
<interp inst="t18760403-name-156" type="gender" value="male"/>
<interp inst="t18760403-name-156" type="surname" value="TERRY"/>
<interp inst="t18760403-name-156" type="given" value="JAMES WILLIAM"/>JAMES WILLIAM TERRY</persName> </hi> (
<hi rend="italic">Thames Police Inspector</hi>). I received from Donald the body of a woman, with two others, in the parish of Poplar—I conveyed it to the mortuary in High Street, Clapham, and it was afterwards viewed by the Coroner's Jury.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-157" type="witnessName">
<interp inst="t18760403-name-157" type="gender" value="male"/>
<interp inst="t18760403-name-157" type="surname" value="YOUNG"/>
<interp inst="t18760403-name-157" type="given" value="ROBERT FREDERICK"/>ROBERT FREDERICK YOUNG</persName> </hi>. I reside at Kingsland—I am a bank clerk—Jessie Dorcas Young was my sister; she was about 19 years of age and unmarried; she was a first-class passenger on board the
<hi rend="italic">Strathclyde</hi> on 17th February, going to Bombay—on 21st February I saw her body at the Poplar dead-house; it was the body that was viewed by the Jury at the inquest.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-158" type="witnessName">
<interp inst="t18760403-name-158" type="gender" value="male"/>
<interp inst="t18760403-name-158" type="surname" value="GRAY"/>
<interp inst="t18760403-name-158" type="given" value="THOMAS"/>THOMAS GRAY</persName> </hi>. I am a member of the Royal College of Surgeons, and reside at Poplar—on 22nd February I saw and examined the dead body of a woman there, it was the body that was viewed by the Coroner's Jury at the inquest—in my opinion her death was caused by exhaustion and shock to the system occasioned by immersion in the water.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-159" type="witnessName">
<interp inst="t18760403-name-159" type="gender" value="male"/>
<interp inst="t18760403-name-159" type="surname" value="EATON"/>
<interp inst="t18760403-name-159" type="given" value="JOHN DODD"/>JOHN DODD EATON</persName> </hi>. I was captain of the
<hi rend="italic">Strathclyde</hi>—I started from London on Thursday morning, 17th February, about 5.30, from the Victoria Dock, bound for Bombay—I carried twenty-five passengers and forty-seven</p>
<xptr type="pageFacsimile" doc="187604030022"/>
<p>crew, including myself—we arrived off Dover at 3.30 in the afternoon—I stopped there to discharge my pilot—after that my course was S W by S—I started at 3.55—I noticed the
<hi rend="italic">Franconia</hi> immediately after I started, that was about sixteen minutes before the collision—we had started full speed, but it had taken our ship a little time to get way on her—at the time of the collision we were going about 9 knots—when we started the
<hi rend="italic">Franconia</hi> was on our port quarter—I judged her to be about 3 miles off, she was coming apparently from outside the Goodwin Sands, coming down channel—she appeared to be going very much faster than we were, she was overtaking us, she was to the east of us—I continued the course that I was steering, for about sixteen minutes; I did not alter my course until I saw the
<hi rend="italic">Franconia very</hi> close to us, so that I could read her name on the bows and saw her over
<lb/>lapping us, and then I altered our course from S W by S to S W half S, that would be half a point; the effect of that would be to bring our head nearer to the land and from the
<hi rend="italic">Franconia</hi>—I then went to look at the compass to see that this order was obeyed and I saw that it was obeyed, and on looking up from the compass I saw the bows of the
<hi rend="italic">Franconia</hi> coming round towards our vessel—she had altered her course and was altering all the time under a port helm, that would bring her directly for us—I did not alter my course until I saw that the
<hi rend="italic">Franconia</hi> had overlapped us on our port side—I then saw that a collision was inevitable, and to avoid the direct blow I put our helm hard a port, so that it might be a sliding blow if possible—if I had kept our course the blow would have been direct stem on—my vessel answered her helm a little—the
<hi rend="italic">Franconia</hi> struck us on the port side between the engine-room bulkhead and the after batch, about 60 feet from the stern—the length of my vessel was 300 feet—the stem of the
<hi rend="italic">Franconia</hi> penetrated about 4 feet into the
<hi rend="italic">Strathclyde</hi>, she rebounded and again struck us nearer towards the stern, making another hole; both blows were on the port side—she then dragged along the port side, carrying away one of the boats, until she cleared our stern—I did not observe any one on the look out on the
<hi rend="italic">Franconia</hi>, I could have seen perhaps had I looked particularly, but I noticed no one; I was in a position to see if they had been standing there; I could see some one on the bridge, it was flood tide, not high water, been half flood and high water—the tide was running about E S E—the wind was W S W, it was nothing to interfere with the conduct of steam vessels, there was a fresh breeze—I was not watching the
<hi rend="italic">Franconia</hi> immediately after the collision for some time—I saw her again just before our vessel sank, then I noticed her steaming towards Dover—as near as I could judge from ten to eleven minutes elapsed between the striking of the first blow and the sinking of our vessel—when I saw her steaming towards Dover she was, I think, about half a mile from us, or a little more; she appeared to me to have steamed away, going towards the land; she never came back to us—after the colli
<lb/>sion I went aft to see what damage had been done; I saw the water rush
<lb/>ing in with terrific force—I told the ladies to come up on the bridge with me, and the other passengers, as I saw the ship's stern sinking rapidly—pre
<lb/>vious to leaving the bridge I had given orders to lower the lifeboats, not only one, but two, to clear them away—when I came back to the bridge with the lady passengers I found the port lifeboat ready for lowering—I placed the ladies in the boat in charge of the third officer and three of the crew—just at that moment the extreme end of our ship's stern went under water and a number of the gentlemen passengers and my own crew rushed into this boat—we were then unable with so many people in it to swing her</p>
<xptr type="pageFacsimile" doc="187604030023"/>
<p>out, and I appealed to my own crew and the gentlemen passengers to come out for God's sake and let the ladies have the first chance—some men got out, gentlemen passengers and some of my own crew, and two or three of the ladies
<hi rend="italic">got</hi> out, saying "If it will help you, captain, we will get out"—they
<hi rend="italic">got</hi> out and I directed them to go into the other lifeboat on the star-board side, which they did—we then swung the port lifeboat out and lowered her down into the water—I saw the boat unhooked from the tackles and told the crew to shove off—just at this moment a heavy sea, caused, I think, by the sinking of the vessel's stern, drove the boat forcibly against the ship's side and overturned her—I then immediately turned my attention to the starboard lifeboat, but seeing the ship had sunk so much then I saw we had no time to endeavour to lower her, and I gave orders to unhook the tackles and get her all cleared, so that she might float off the dock—there were a number of people in her; this had already been done; I could not be sure whether the whole of this order had been executed before I was washed off the bridge; the ship bad gone down so far that the bridge was submerged—I found myself on the fore part of the deck—I was washed over the fore part of the bridge on to the forepart of the deck—I scrambled up to the bows, the ship was then lying so that her deck was a good inclined plane—I looked round and saw that the starboard lifeboat was bottom upwards—I then looked around to see what assistance was near us, and I saw the
<hi rend="italic">Franconia</hi> steaming away—I saw the barque
<hi rend="italic">Queen of Nations</hi>—I did not know then that it was the
<hi rend="italic">Queen of Nations</hi>, but I saw a barque, I saw a Deal lugger and a tug boat—at this moment the vessel seemed to me to be going down entirely and not being much of a swimmer I took a plank under my arm and jumped overboard—as I floated beyond the ship I saw two ladies in the water holding on to a rope that was attached to the ship; with a little as
<lb/>sistance from me they left the rope and joined me holding the plank; one of the ladies seemed very much exhausted and held on only a few minutes, and then she dropped off and sank—the other lady remained on the plank for nearly half an hour with me, I was talking to her, I knew her by her face; I knew who she was, a lady named Tubbs, I think; I had been intro
<lb/>duced to her the afternoon previous; I think I knew her very well by face, but I could not remember the name until I saw her likeness after coming on shore and then I recognised her, it was the same Mrs. Tubbs—I helped her and encouraged her and tried to keep her mouth shut, she was calling for help and praying, and calling on her children, and seemed to be swallow
<lb/>ing a great deal of water, and at last she let go the plank; I got her by the shoulder and pulled her towards me again, I saw that her face was lying under water, I lifted it up and tried to hold her, and I did, I think, for a minute or two, but I was getting so exhausted myself and I thought she was dead that I had to let her go—I was. ultimately picked up by the Deal lugger
<hi rend="italic">Early Morn</hi>—I had been in the water about forty minutes, as near as I can judge—we were about 2 miles from Dover Pier when my vessel was struck by the
<hi rend="italic">Franconia</hi> and about 2 1/4 miles from the land—the tonnage of my vessel was 1,254 nett register and 1950 gross register.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>. We were a little over half a mile, I think, from Dover Pier, when we stopped to land the pilot, he landed on our port side, we were off the pier a little more than ten minutes before we started again on our course, the head of the Admiralty Pier, is about S S E, I think—while we were waiting there we were pushed further towards the cast by the wind and tide—the tide was flowing about E S E—</p>
<xptr type="pageFacsimile" doc="187604030024"/>
<p>we were about a mile east of the pier when we started on our course for the Channel, perhaps rather more—the head of our vessel was then nearly south, a little to the east of south—I first saw the
<hi rend="italic">Franconia</hi>, just previous to starting, but took no particular notice of her then—I first began to take particular notice of her as soon as I had given the order to full speed ahead; I judged her then to be about 3 miles off, or between 3 or 4; I really could not judge the distance correctly, but that was the idea I formed at the time, I think—she was then taking her course down Channel, I think that would be WSW, (I was steering S W by S,) that was her right course; she never altered her course at all that I noticed; she appeared to come on the same course until just previous to the collision—I had her in sight the whole of the time, now and again, I was watching her, coming along, of course I had to look out ahead of my ship, not astern—the only thing I did, was to port my helm, half a point before the collision—I say that the
<hi rend="italic">Franconia</hi> was a following vessel—I was not crossing her bows—had our courses been parallel we could not have crossed, but they were not parallel, and therefore at one time either one vessel or the other must have crossed; I don't say I would have gone across her bows, she might have gone across mine, she appeared to me to be going that way—the captain standing on the bridge of the
<hi rend="italic">Franconia</hi>, might have formed reasonably the judgment that we were coming across his bows—the lines were so nearly parallel, and the
<hi rend="italic">Franconia's</hi> bows being on our stern, I naturally concluded seeing that she was coming after, that she was a following vessel, also a crossing vessel, in the sense that at some point our courses must have crossed—she might also naturally conclude that we were a crossing vessel—I judged she was about quarter of a mile distant when she put her helm to port—if she had put her helm hard to port half mile, she would have gone under our stern—she struck us about 60 feet from our stern, I am not sure—it was a question of 60 feet, I suppose whether she came into collision with us or not, when her helm was ported—had she been a little further off it would have been easier for her to have ported; she ought to have ported a little sooner than she did, perhaps she could have done it safely, 300 or 400 yards sooner—I did not see the captain of the
<hi rend="italic">Franconia</hi> wave us to port; I am not aware that any one on our vessel did see him; I have not heard of it from any of our own people; I have heard it said in the other Court, on the other side—we were 1 1/4 miles from the Admiralty Pier when the collision took place, nearly 2 1/2 miles, I am not sure of the distance, I don't think it would be 2 1/2 miles—I intended to have gone out about 5 miles in order to get an offing—in the state of the weather that day I considered it not my duty to go only half a mile from the Admiralty Pier, and then take the course for the Channel W S W—the weather was moderate, there was nothing in the way previous to the collision, it had been raining—it was perfectly clear at the time of the collison—we could have steered out half a mile, and then taken a course straight down channel, but that would have taken us very close to the land—the
<hi rend="italic">Franconia</hi> was going straight down channel—I say she was going more rapidly than we were, because I saw her approaching us so quickly—I did not get out of her way and turn down channel, because article 17 of the rules of the road at sea, says, that the vessel who is ahead or who is on the starboard side of another one must keep her course, and the other one must keep out of her way—I think articles 14 and 17 refer to that—I am not allowed to keep clear of her, I should have done</p>
<xptr type="pageFacsimile" doc="187604030025"/>
<p>wrong had I gone away, moreover I believed that she was the vessel that had to keep out of the way, and I thought she would—our full speed is nine knots, the
<hi rend="italic">Franconia</hi> appeared to be going at a greater rate, of course, I could not positively tell—it would take us some little time to obtain the speed of nine knots, although the engines started full speed, we were going nine knots for about sixteen minutes. (
<hi rend="italic">Rule</hi> 17
<hi rend="italic">was read by Counsel:</hi> "A vessel overtaking any other vessel shall keep out of the way of the said last mentioned vessel.") The
<hi rend="italic">Strathclyde</hi> could not in some sense he said to be an overtaking vessel—our stern was beyond her bow; we were ahead of her—it was a question of who was crossing the bows—we would have crossed, but whether she would have crossed us or we her was a question relating to speed; it was a question which would cross the bows of the other first—I am quite familiar with article 16, which says: "A steam ship when approaching another ship so as to. involve risk of collision, shall slacken her speed, or if necessary stop and reverse"—I did not slacken and reverse, because I was not the overtaking ship—that was my only reason, it was not my duty to do it I say, and at the same time had I done it the collision would have occurred—when I saw that the collision was inevitable, then the rules tell me to do something to prevent it; that is my judgment—when I saw that the collision was certain I did try to avoid it, not pre
<lb/>vious—when I saw it was certain I attempted to avoid it—if other ships had been coming in the same course as the
<hi rend="italic">Franconia</hi>, I must have crossed them, either at the bow or the stern—I know that it is usual for vessels of our description to go out more than a mile—I mean a large ship with passengers on board—I am aware that the bearing of the wreck of the
<hi rend="italic">Strathclythe</hi> is S S E of the Admiralty pier—I am aware of articles 19 and '20. (
<hi rend="italic">Read:</hi> "In obeying and construing these rules, due regard must he had to all dangers of navigation, and due regard must also he had to any special circumstances which may exist in particular cases rendering a departure from the above rules necessary in order to avoid immediate danger." "Nothing in these rules shall exonerate any ship or owner, or master or crew thereof from the consequences of any neglect to carry any lights or signals, or any precaution which may be requisite by the ordinary practice of seamen, or by the special circumstances of the case.") I consider those two rules in the light of controlling rules of the others—they give a large discretion to the captain of a ship in the management of his vessel when he sees danger; at the point of danger I did do something.</p>
<hi rend="italic">Re-examined by</hi>
<hi rend="smallCaps">THE SOLICITOR-GENERAL</hi>. Those articles are only provisoes in certain cases—Article 18 says "By the above rules one £two ships is to keep out of the way, the other shall keep her course, subject to the qualify
<lb/>cation contained in the following articles"—my strict rule would have been to keep my course and not alter it at all till I saw danger, but when I saw danger of collision I did alter my course by half a point, so that I did as far as I could follow that exceptional rule (
<hi rend="italic">Article</hi> 14
<hi rend="italic">again read</hi>)—I never had the
<hi rend="italic">Franconia</hi> on my starboard side—I had not the slightest reason to sup-pose that the
<hi rend="italic">Franconia</hi> would not act according to these rules, and if she had there would have been no collision—it was not a proper course to run it so fine as to port within 400 feet, not when there was plenty of room—as a matter of fact I was going down Channel—had we been going right across to Calais we should have been going almost at right angles to the course of the
<hi rend="italic">Franconia:</hi> he would still, in my opinion, have been a following vessel, his bow was astern of us, on our quarter—when I first saw him he was between 3</p>
<xptr type="pageFacsimile" doc="187604030026"/>
<p>and 4 miles east of us; the course of both of us was west, with a modicum of south, towards the S W; we were both coming from the east—my reason for going out 5 miles was that it had been raining previously, about 2 o'clock in the afternoon, and the fog had hung about the high lands, and I thought it was going to be
<hi rend="italic">foggy</hi> that night; the wind was westerly, and I knew that this west wind would be bringing a number of sailing ships up Channel towards Dungeness for pilots, where the pilots are put on board—1 should have to clear Dungeness—having landed my pilot I wanted no further com
<lb/>munication with the shore, and therefore I thought it was best to go outside the track of the vessels coming up seeking pilots at Dungeness, and I would have passed Dungeness between 7 and 8 miles off—it did become foggy that night, before dark—I consider it was the proper course to take in coming out that way, and I think it was the prudent course, considering the number of lives I had under my charge, that I ought to have taken.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>. I cannot from memory tell you the distance from Dover Pier to the Barne Sand, I can measure it with a pair of com-passes (
<hi rend="italic">after measuring</hi>), it bears south, and the distance is 6 1/2 miles, as near as possible to the N E.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE SOLICITOR-GENERAL</hi>. There is a light on the S W of the Barne Sand—if I had kept on my course of 5 miles, allowing for the tide that was running against me, it would have left me 3 miles away from the Barne Sand, and I should not have come near the N E bay—by the course I was steering I was coming more out to the lightship, which is a considerable dis
<lb/>tance further from the pier head than the bay—when I had got to the 5 miles I should have altered my course down channel, taking the Red sand light as my mark, which is about 11 1/2 miles from Dungeness—I was making a straight line for about 6 miles off Dungeness.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE JUTY</hi>. We started full speed from Dover Pier, but it was perhaps four or five minutes before she got her proper full speed on—when I read the name of
<hi rend="italic">Franconia</hi> on her bows I saw no one on the forecastle—I read the name with the naked eye—she had not a raised forecastle, I should say she was a flushed deck ship with rails, no bulwarks.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-160" type="witnessName">
<interp inst="t18760403-name-160" type="gender" value="male"/>
<interp inst="t18760403-name-160" type="surname" value="WEATHERDON"/>
<interp inst="t18760403-name-160" type="given" value="EDWARD"/>EDWARD WEATHERDON</persName> </hi>. I live in Cumberland Street, Pimlico—I hold an appointment in the East Indian Railway—I was a passenger on board the
<hi rend="italic">Strathclyde</hi>, going to Bombay in the duties of my appointment—I remember the vessel landing the pilot and then starting again on her course—I was standing with my back to the deck-house on the port side of the vessel, talk
<lb/>ing to the doctor of the ship, facing the stern—there was a boat near me on the port side which rather interfered with my view—the doctor called my attention to the
<hi rend="italic">Franconia</hi> as it was approaching—she was on our port side, overlapping the stern of our vessel, when I first saw her; I mean her bow had got past the stern of our vessel—she was coming very rapidly—I did not see her earlier, my attention was not drawn to her until that moment—I could not state positively how far on our port quarter the bow of the
<hi rend="italic">Fran-conia</hi> would be, I am not accustomed to judge distances by sea—I could not read the name on her bow, I am short-sighted—I did not see anybody on the fore part of the vessel; I could have seen if there had been anybody there—when I first saw her I could not see any one on her, looked at it from under our port quarter boat, and therefore I could not see the deck—when my attention was directed to her I ran forward to get clear of our boat and have a clear view of the approaching vessel—I stood on deck and had a clear view, and I saw the
<hi rend="italic">Franconia</hi> almost immediately turn sharp round and run into</p>
<xptr type="pageFacsimile" doc="187604030027"/>
<p>Us; she turned sharp round to the right, bringing her bows in the direction of our vessel—I did not see anybody on the forepart of the
<hi rend="italic">Franconia</hi> at that moment; to the best of my belief there was not anybody—the collision occurred almost immediately afterwards, there was a terrible shock, I was thrown off my legs by it—I did not notice the hole that was made by the
<hi rend="italic">Franconia</hi> in the side of our vessel—I stood looking at the vessel for some moments, and then ran up the rigging; several persons crowded up the rigging—I slid down almost immediately, as the vessels were separating, and ran down the companion to my cabin and got my belt and put it on; I then came on deck and went on the bridge—I got into the lifeboat for a short time—I did not hear the captain, speak, a lady spoke, and then I came out and saw others come out also—I saw the port lifeboat lowered, I did not see it swamped—I walked across the deck and got into the starboard lifeboat—then I noticed that the stern of our vessel went down, and almost imme
<lb/>diately afterwards there was a puff of steam went up close by me and there was a cry that the boilers would burst, and I then looked round and saw the
<hi rend="italic">Franconia</hi> steaming away in the distance towards the land on our starboard quarter—shortly after that our vessel went down and the starboard lifeboat was capsized—the first thing I can remember after being capsized was being under the boat; I managed to get clear of it, and when I came to the sur
<lb/>face I caught hold of a hencoop that was floating by and by means of that was picked up by a boat called the
<hi rend="italic">Brave Nelson</hi> of Deal—I did not see a number of people in the water; just before I was capsized I noticed Captain Beckett pass by me, he was in the water—a few seconds elapsed between the
<hi rend="italic">Franconia</hi> turning sharp round and the collision; it is difficult to say, but not more than a few seconds.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>. I saw the bows of the
<hi rend="italic">Fran
<lb/>conid</hi> stove in; I could not say that I saw the sea rushing in, but I saw a fissure, I should describe it as a long, narrow hole; the sea must have been entering, I suppose; I did not see right through the fissure, I saw that the plate was broken, I saw the jagged ends—I only saw it for a
<hi rend="italic">few</hi> seconds, I stood and watched the
<hi rend="italic">Franconia</hi> back out of us.</p>
<hi rend="italic">Re-examined by</hi>
<hi rend="smallCaps">THE ATTORNEY-GENERAL</hi>. The
<hi rend="italic">Franconia</hi> was an iron vessel, and I believe the
<hi rend="italic">Stratchclyde</hi> also, but I could not say from my own knowledge.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-161" type="witnessName">
<interp inst="t18760403-name-161" type="gender" value="male"/>
<interp inst="t18760403-name-161" type="surname" value="BEVAN"/>
<interp inst="t18760403-name-161" type="given" value="JOHN"/>JOHN BEVAN</persName> </hi>. I was chief officer of the
<hi rend="italic">Strathclyde</hi>—I have been at sea fourteen years—I have been six years in the same employment—the
<hi rend="italic">Strath
<lb/>dyde</hi> was an iron vessel—on the afternoon, of 17th February, I was on the bridge with the captain—I saw the
<hi rend="italic">Franconia</hi> about two miles astern—my attention was drawn to her by my captain; I looked at her through a glass; she appeared to be going much faster than we were—she overtook us—we were steering S W by S—I did not see her name on the bows—she came up with us very close until within about a quarter of a mile of us, her bow overlapping over stern—my captain thought she was coming rather close and altered the course half a point; looking at her again she was coming stem into us hard round on her port helm; she struck us abaft the engine-room bulk head, about 60 or 70 feet from the stem—we had been going full speed, there was plenty of sea way when she struck us—before she struck us the order was given
<hi rend="italic">by my</hi> captain to port and hard a port; that was obeyed, I went to the helm myself to assist in heaving over, there were two quartermasters at the wheel—our helm is on the bridge—the
<hi rend="italic">Franconia</hi> struck us almost immediately after the order was given—</p>
<xptr type="pageFacsimile" doc="187604030028"/>
<p>considering that we were going 9 or 9 1/2 knots, the
<hi rend="italic">Franconia</hi> must have been going at least 11—I did not see any change in her speed as she approached us—she struck us more than once; she first struck us and then rebounded; she must have done so—she was towering above us, very much higher, when she was in collision with us—I took a momentary glance at the damage done to our vessel, and saw a tremendous gash in our ship—I saw others rushing up the rigging, and I rushed up also and got on board the
<hi rend="italic">Franconia</hi>, others did the same, the rigging was crowded—when I got on board the
<hi rend="italic">Franconia</hi>, I rushed along the deck and shouted "boats" pointing to them to everybody I met—I did not see the defendant at that time. I did afterwards, while we were working at the starboard boat to try and get it out, other persons on board the
<hi rend="italic">Franconia</hi> worked at it afterwards, they were some of my own men—I heard an exclamation in English, "My God, my poor shipmates", I looked up and saw my ship sinking, and then I ran to the bridge—it was George Mclntyre, who made the exclamation—when I went on to the bridge I saw the defendant and another man who proved to be the English pilot—I stood between them and pointed to my ship and begged them to go back to her—I said "Go to my ship, go back to my ship," pointing to her—she must have been half a mile off then as near as I could judge—the
<hi rend="italic">Franconia</hi> had been going on towards Dover, while I was on board—the English pilot replied, "My dear man we are sinking too"—I could not say whether the defendant was there then, he was standing there, walking across the bridge, the
<hi rend="italic">Franconia</hi> appeared to be going pretty fast in the water; I said various things to the defendant at different intervals, nothing further about our ship that I remember—I saw her sink, that could not be ten minutes after she was struck—none of the boats of the
<hi rend="italic">Franconia</hi> were lowered into the water—she was sounded, after a suggestion made by myself to sound her; I suggested to the captain that soundings should be taken—I asked him if she was making water—he told me the fore compartment was full—some one came to the bridge and received orders from the captain to sound her and a report was brought back sometime after that she was making no water—that was about twenty minutes or half an hour after the collision; she did not at any time appear to be sinking—we went on to Dover Bay—a man came on board in a row boat from the shore—all the
<hi rend="italic">Franconia</hi> boats, but two or three were swung outside ready, level with the ship's rail—the
<hi rend="italic">Franconia</hi> went to the Downs, before she stopped—there would be a difficulty in lowering boats with a vessel going through the water; if she had stopped there would have been no difficulty whatever in lowering boats.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COHEN</hi>. I did not see the
<hi rend="italic">Franconia</hi> when she was lying off the Admiralty Pier—I saw her at about 2 miles distance as near as I could judge—I looked at her occasionally; I did not watch her particularly—I may have looked at her more than once when I was by the side of the captain, I don't remember—I presume our helm was ported half a point because the
<hi rend="italic">Franconia</hi> was coming near us; I dare say that was the reason, I believe it to have been the reason—that was the only thing that was done on board our ship before the collision—we were going full speed, that is from 8 1/2 to 9 knots—when the collision took place I received no orders from anyone to go on board the
<hi rend="italic">Franconia</hi>—it was the impulse of the moment, seeing others rush to the rigging; I thought the
<hi rend="italic">Franconia</hi> would go right over our ship—I got from the rigging over her rail—I saw no ropes hanging from the
<hi rend="italic">Franconia</hi>, I was too much excited</p>
<xptr type="pageFacsimile" doc="187604030029"/>
<p>to see any at that moment—I was doubtless in a state of considerable excitement—I went to the starboard boat of the
<hi rend="italic">Franconia</hi>, and I and the crew of the
<hi rend="italic">Franconia</hi>, and some of our own men were trying to lower the boat; I say our vessel sunk ten minutes after the collision; I could not estimate the time then, it may have been seven minutes, I would not be positive to a few minutes—I could not say how long it was after the collision that I suggested to the defendant that soundings should be taken; it, was sometime shortly after I got on the bridge; it was after the
<hi rend="italic">Strathclyde</hi> had sunk—I am not aware that any soundings were taken till after she had sunk—I will not undertake to say that the captain did not immediately after the collision give orders to the carpenter to take soundings, it was after our vessel had sunk that I heard the report that the fore compart
<lb/>meat was full of water; I don't know how long after; I could not be positive to a few minutes how long after the collision it was that I heard the report that the
<hi rend="italic">Franconia</hi> was not making water, it may have been half an hour, and it may not; it may have been three-quarters of an hour, or it may have been half an hour; I could not judge to a few minutes; I could not account for time at that time.</p>
<hi rend="italic">Re-examined by</hi>
<hi rend="smallCaps">THE ATTORNEY-GENERAL</hi>. I believe the
<hi rend="italic">Franconia</hi> was in compartments—the first report was that the front compartment had water in it—at the time the report came that she was making no water I think we had reached Dover—at the time the order was given for our vessel to port half a point the bow of the
<hi rend="italic">Franconia</hi> was beyond our stern, she was coming closer—a further order was given by my captain to port, and then hard a port—that order was given' and obeyed before the collision actually took place—I don't think there was sufficient time for her to answer her. helm—the order was given instantaneously, almost immediately before the collision took place—I do not know whether there were any other sound
<lb/>ings on board the
<hi rend="italic">Franconia</hi> besides the two I have spoken of.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-162" type="witnessName">
<interp inst="t18760403-name-162" type="gender" value="male"/>
<interp inst="t18760403-name-162" type="surname" value="JARMAN"/>
<interp inst="t18760403-name-162" type="given" value="ROBERT JOHN"/>ROBERT JOHN JARMAN</persName> </hi>. I was a quarter-master of the
<hi rend="italic">Strathclyde</hi>—I was at the wheel after she left Dover—soon after we left; the captain gave the course S W by S and soon after S W half S—when that alteration was made the
<hi rend="italic">Franconia</hi> was almost abeam of us, a little abaft the port beam—I should say she was a quarter of a mile from us, perhaps less, perhaps more—the
<hi rend="italic">Franconia</hi> was going faster than we were—as far as I know our vessel kept on the same speed between the change of course and the time of the collision—the
<hi rend="italic">Franconia</hi> came gradually nearer and nearer from the time I first saw her—I could not say how long before the collision I noticed her bow overlapping our stern—the next thing I saw was that she was heading quite in for us—she appeared to have altered her course—the captain thereupon gave orders to port and hard a port—we put it over as quickly as we could—the collision took place a very short time indeed after that order was given, we had answered our port helm about a point—the second blow followed shortly after the first—an attempt was then made to get out the boats—I was washed off the bridge into the water, and was ultimately picked up by the
<hi rend="italic">Early Morn</hi> lugger.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>. I cannot say within what time of the collision the order was given to put her SW half S; it was a minute—I should be inclined to say it was more—I did not bear the captain examined—the order to port half a point is the same as S W half S—I believe he said port, and then SW half S—I heard that, I was at the helm—the first I saw of the
<hi rend="italic">Franconia</hi> was when we lay in Dover—she</p>
<xptr type="pageFacsimile" doc="187604030030"/>
<p>appeared to me to be coming down channel—I saw her now and again until the collision, that was I should think twenty-five minutes—almost all our hands were forward—I don't know that there was not a special look out, and I don't know that there was—I and Short were at the helm—I should say we were going between 8 and 9 knots; I should not think it was 9 1/2—I should think it would be rather under 9 than over—I did not see the hole in the
<hi rend="italic">Franconia's</hi> bows at the time—I have seen it since, in the Victoria dock, not in dry dock—I did not see any steam tug either before or after the collision, nor any boats—I saw a barque—I believe it was the
<hi rend="italic">Queen of Nations.</hi> </p>
<hi rend="italic">Re-examined by</hi>
<hi rend="smallCaps">THE ATTORNEY-GENERAL</hi>. We were lying off Dover when I first saw the
<hi rend="italic">Franconia</hi>, she was coming from the east, down channel—I know nothing about its being her regular course; I simply saw her,
<hi rend="italic">she</hi> was coming at a good speed—the bows of the
<hi rend="italic">Franconia</hi> were a little abaft our beam when the order to port was given, she was overlapping our stem—I should say she was then about a quarter of a mile off I should think—it was very short time after the order to SW half S that I saw the
<hi rend="italic">Franconia</hi> turning directly on us, then the order was directly, port, hard-a-port—our vessel answered her helm very quick indeed—I noticed that through the day; I had plenty of chance of ascertaining that—she had commenced to answer her
<hi rend="italic">helm</hi> about a point before the collision, after the order to port and hard a port.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-163" type="witnessName">
<interp inst="t18760403-name-163" type="gender" value="male"/>
<interp inst="t18760403-name-163" type="surname" value="SHORT"/>
<interp inst="t18760403-name-163" type="given" value="LUKE"/>LUKE SHORT</persName> </hi>. I was second quarter-master of the
<hi rend="italic">Strathclyde</hi>—just after we started from Dover, when we had left the pilot I first perceived the
<hi rend="italic">Franconia</hi>, she was on our port quarter, and 1 1/2 miles off—I was with the last witness Jarman, at the wheel—we steered SW by S—I remember Captain Eaton altering the course half a point—the
<hi rend="italic">Franconia</hi> was then nearly abeam—the captain next gave the order to port, hard-a-port—we obeyed that order and the vessel had answered her helm before the collision—I think the
<hi rend="italic">Franconia</hi> had lessened speed before she struck us—she had altered her course between seven or eight points to starboard, porting her helm so that her head came round to starboard—she struck as about the after part of the bridge and I left the wheel—she then seemed to back off and came back and struck us a second time—in clearing off the second time she struck the port-quarter boat which I was clearing away ready to lower—the effect of that was to knock me into the water—I saw a line over my head from the
<hi rend="italic">Franconia</hi> and held on to it till a bow was put over for me to get into, and I did so—the
<hi rend="italic">Franconia</hi> continued backing off and stopped, and then she went off—I was busy with the boats, and afterwards I found she was some distance away and the
<hi rend="italic">Slrathclyde</hi> sank; my attention was fixed on the boats when I got on board the
<hi rend="italic">Francoina</hi> and I found the
<hi rend="italic">Strathclyde</hi> sinking, and then we found there was about a mile distance between the two vessels—the
<hi rend="italic">Franconia's</hi> engines were going and her bow was to the land.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>. The
<hi rend="italic">Franconia</hi> was about two lengths from us, as near as I could judge, when the order was given to port the
<hi rend="italic">Strathclyde</hi>—her stem was then overlapping our midships; she was then abeam of us—I had seen the
<hi rend="italic">Franconia</hi> about ten minutes from the first—I saw a hole in the
<hi rend="italic">Franconia's</hi> bows—I did not see any ropes thrown over, I saw one rope when I came to the surface—I did not
<hi rend="italic">get</hi> up by that rope, another rope was thrown—I did not see three boats lowered within 5 or 6 feet of the water—I saw the starting, I do not think she was a mile off—</p>
<xptr type="pageFacsimile" doc="187604030031"/>
<hi rend="italic">Strathclyde</hi> had then sunk—I cannot tell where those on board of the tug were, or whether they must have seen the collision—I had been on board the
<hi rend="italic">Strathclyde</hi> four days—I had not sailed in her before.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-164" type="witnessName">
<interp inst="t18760403-name-164" type="gender" value="male"/>
<interp inst="t18760403-name-164" type="surname" value="CROKER"/>
<interp inst="t18760403-name-164" type="given" value="GEORGE"/>GEORGE CROKER</persName> </hi>. I was an able seaman on board the
<hi rend="italic">Strathclyde</hi>—I was on deck before the collision and noticed the
<hi rend="italic">Franconia</hi> first on our port quarter about 2 or 3 ship's lengths
<hi rend="italic">from</hi> us—I was standing
<hi rend="italic">forwards</hi>, and all at once 1 saw her, as she must have done, port her helm, and stand on to it—she struck us somewhere near the main rigging—I then ran aft, the
<hi rend="italic">rigging</hi> was crowded, and I saw that there was no chance—a line was hanging over, there was a crowd of people; a lady passenger called to me, she wished to be made fast to the line—I saw that my only chance was to jump overboard, and was pulled on board the
<hi rend="italic">Franconia</hi>, and when I got on board I told them that Luke
<hi rend="italic">Short</hi> was hanging there and they pulled him up'; I told them that no attempt had been made to lower any boats; we both went aft, and when we were near the bridge I heard the mate of our vessel call out "Is there any Englishman here who will assist me in getting the boats"—I assisted to get the boats out and cut the lashings, but no boat was lowered—the
<hi rend="italic">Franconia</hi> steamed away—I noticed no difference in her speed before she struck us—I cannot say whether she was sounded when I was on board of her, but I saw the carpenter with a sounding rod in his hand about a minute before I. got on board—the
<hi rend="italic">Franconia</hi> continued to go on till we got to Dover Bay—I went with her to the Downs, but not to London.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>. I saw the hole in the
<hi rend="italic">Franconia</hi>—my firm impression when I found myself hanging there was that she was in danger—it was a serious hole, as far as I could judge at the time—she went away at about half speed—I have been at sea sixteen or seventeen years—I did not hear an order given by the captain to sound the well—I heard no statement by the carpenter or any one that the forehold was full of water—I heard no order given to shore up the bulkhead—I was not very much alarmed—my attention was carefully directed to lowering the boats—the crew were not assisting us—the first boat was" a steam launch; that would not have been of much use—they did not assist us at the second boat, there was no reason for that that I know of—the second boat had a hole in her—the third boat they lowered themselves some time afterwards within 5 or 6 feet of the water—I did not see any ropes thrown over the side—a rope was hanging, and I got in by it—I did not hear the captain of the
<hi rend="italic">Franconia</hi> the moment after the collision give orders to lower the boats—I did not see the English pilot on board—I heard nothing he said—I did not hear him say to the captain "My God, get on shore as soon as you can, we are sinking"—in order to lower a boat thoroughly it is necessary to stop the engines—the
<hi rend="italic">Franconia's</hi> engines were not stopped after I was on board, they may have been eased off Dover—she was going at half speed—I saw a steamtug three-quarters of a mile or a mile away, and I should say that those on board of her must have seen the collision—the tug came near to the
<hi rend="italic">Franconia</hi>, but that was half an hour afterwards; she went inside first—she did not bear down to help—she afterwards came alongside the
<hi rend="italic">Franconia</hi>—I did not see any other luggers or boats about that might have helped—the tug was not very large, she would only tow a small class of vessels—if she had come down alongside the
<hi rend="italic">Strathclyde</hi> she could have saved many lives; I think a great deal of help might have been given—I could not judge on board the
<hi rend="italic">Franconia</hi> whether there was a general fear and alarm that she would sink—I did not hear any explanation the pilot made, or anybody else</p>
<xptr type="pageFacsimile" doc="187604030032"/>
<p>—I did not know at the time that the bulkhead required shoring, and was shored as she went to Dover.</p>
<hi rend="italic">Re-examined.</hi> After I went on board I went so far as to get the assistance of somebody to lower the boats—we may have been a quarter of a mile from the
<hi rend="italic">Strathclyde</hi>, at that time—there was nothing so far as I know to prevent the boats being lowered at that time—between that time and the time we got to Dover, the
<hi rend="italic">Franconia</hi> was not stopped at all—some of the crew came to get the third and fourth boats lowered—we were then from three-quarters of a mile to a mile from the
<hi rend="italic">Strathclyde</hi>, she was then sinking, she was stern down, her bows were up, and her stern under water—we had increased our distance half a mile at that time—the tug boat was then nearer to us than to the
<hi rend="italic">Strathclyde</hi>, and about the same distance from the land as we were, and about the same distance from the
<hi rend="italic">Strathclyde</hi> as we were—she had a mud lighter in tow and was making out seawards with it—we left the
<hi rend="italic">Franconia</hi> at the Downs, between 6 and 7 o'clock—from the time I got on board of her to the time I got off, I saw no reason to suppose that she was on the point of sinking—none of the boats were ever actually lowered to the water.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-165" type="witnessName">
<interp inst="t18760403-name-165" type="gender" value="male"/>
<interp inst="t18760403-name-165" type="surname" value="HOLLAND"/>
<interp inst="t18760403-name-165" type="given" value="ALEXANDER"/>ALEXANDER HOLLAND</persName> </hi>. I was third engineer of the
<hi rend="italic">Strathclyde</hi>—I was in the engine-room in charge of the engine at the time of the collision—the engines after leaving Dover were going about fifty revolutions—the
<hi rend="italic">Strath-clyde's</hi> usual speed averaged 9 knots—with the sea that was on at the time of the collision, I should say that she was going about 9 knots through the water, but not that past the land, it would depend upon how the tide was and the wind—I heart a crash and sent an engineer on deck to see what was the matter, and almost immediately the telegraph ran to "Stop her"—at the time of the collision the engines were just slowed like, backed, I should suppose that was caused by the helm being put hard over—that would "break" the engines—I did not feel the second crash—I stopped the engines and eased the safety valve—there was an escape of steam and I gave orders to the furnace men to open the stoke house doors—I then jumped into the stokehole to see if there was any water, because I heard a rush of water and then I knew it was in the hold, and I made for the deck to see what was wrong—the water was then just lapping over her stern, and the second engineer and I lowered the port quarter boat, but the water at that time was up to our uncles—we tried to lower the boat but it sank, it was smashed—I went down with the vessel on the bridge, and 1 was the hast man who was picked up—I had a hasty glance of the
<hi rend="italic">Franconia</hi>, she was nearer on our port quarter than to starboard—I should not like to judge how far off she was when our vessel went down, because it was a hasty glance just before she went down—I could not see people on her deck—I should not like to give an estimate of her distance—at the time I was in the water there were plenty of people floating there, for at least twenty minutes after the accident.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>. I saw no tug—we were going about 3 short of full speed of course, but it was nothing to speak of—we were going full speed at the time of the collision; which is about 9 knots—I was examined at the inquest at Poplar—I did say there "Sometimes her speed was 9 to 9 1/2 knots;" but the average was 9 through the water.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-166" type="witnessName">
<interp inst="t18760403-name-166" type="gender" value="male"/>
<interp inst="t18760403-name-166" type="surname" value="BECKETT"/>
<interp inst="t18760403-name-166" type="given" value="STEPHEN"/>STEPHEN BECKETT</persName> </hi>. I am a captain in the Brigade Staff
<hi rend="italic">Corps</hi>—I
<hi rend="italic">was-a</hi> passenger on board the
<hi rend="italic">Strathclyde</hi>—I remember stopping at Dover to land the pilot—my attention was first called to the
<hi rend="italic">Franconia</hi> after we had seen</p>
<xptr type="pageFacsimile" doc="187604030033"/>
<p>the Calais Mail come up; we saw the
<hi rend="italic">Franconia</hi> and she neared us, and immediately before the collision she overlapped us, and then turned round and ran into us—I was on deck when the
<hi rend="italic">Strathclyde</hi> was struck, and for some time before—I was standing by the companion ladder just before she struck—I saw her distinctly when she altered her course; there was nothing to intercept my view between her and the collison—after she had struck us she backed out a little and then struck again, and the second time she ripped along the side and then forged past the stern, and after she got a little distance she turned her head and steamed away from us—I got on some floating substance and was picked up by the
<hi rend="italic">Early Morn</hi>—I was in the water thirty or forty minutes, and saw several people floating about.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>. I was on deck all the time after lunch until the
<hi rend="italic">Franconia</hi> struck us—I saw the
<hi rend="italic">Franconia</hi> all along, except for a moment, when I ran down to the cabin to see my wife and found her asleep, and came up—before the collision some. of the passengers on deck remarked "If that vessel goes on in the course she is, and we keep on our coarse, she will run into us"—I said "Oh, no, she is going so much quicker she will get ahead of" us and get into Dover"—when the collision occurred we were not going in a slanting direction, we were going perfectly straight—I think the
<hi rend="italic">Straihclyde</hi> was going straight ahead, because I saw the swell of the ocean—the
<hi rend="italic">Franconia</hi> was coming diagonally at about an angle of 45°—I do not know anything about going up channel or down channel, but I know that after putting out the pilot we appeared to have gone straight ahead, without turning—I suppose Captain Eaton was on the bridge at the time that observation was made, he was not on deck—I did not look to see whether he was on the bridge, I was not noticing—he did not hear the remark—I was on the left side by the companion' ladder, which leads down to the saloon, not up to the bridge.</p>
<hi rend="italic">Re-examined.</hi> When I heard those words I thought the vessel behind us was going into Dover—I found my wife on a spar and held her and saved her.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-167" type="witnessName">
<interp inst="t18760403-name-167" type="gender" value="male"/>
<interp inst="t18760403-name-167" type="surname" value="BODECKER"/>
<interp inst="t18760403-name-167" type="given" value="WILLIAM GEORGE"/>WILLIAM GEORGE BODECKER</persName> </hi>. I was chief steward of the
<hi rend="italic">Strathclyde</hi>—I was on deck about three minutes before the collision and saw the
<hi rend="italic">Franconia</hi> on the port beam, about 1,000ft. off; about three ship's lengths, going parallel to us—she seemed to port her helm suddenly, and came right into us, and struck us by way of the after hatchway and engine-room, and again abaft the first blow—she then went away—I think she was going full speed when she struck us—the captain of the
<hi rend="italic">Strathclyde</hi> was on the bridge at the time—I heard orders given to port the helm, and immediately afterwards hard a port, and the
<hi rend="italic">Franconia</hi> struck us almost instantaneously—I got on the bridge and assisted in launching the lifeboat, which I believed was carried down by the suction—I went down with the vessel and was picked up by the
<hi rend="italic">Early Morn</hi>, after floating for about forty minutes—I saw people float
<lb/>ing about.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COHEN</hi>. Our vessel sank about five or six minutes after the collision—I saw a very large hole in the
<hi rend="italic">Franconia.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760403-name-168" type="witnessName">
<interp inst="t18760403-name-168" type="gender" value="male"/>
<interp inst="t18760403-name-168" type="surname" value="DONALD"/>
<interp inst="t18760403-name-168" type="given" value="ARCHIBALD"/>ARCHIBALD DONALD</persName> </hi> (
<hi rend="italic">re-examined</hi>). I was on my barque but did not see the two vessels come into collision—when I first saw them, the
<hi rend="italic">Franconia</hi> was standing towards Dover, and she was to appearance about 100 yards from the
<hi rend="italic">Strathdyde</hi> which I saw was gradually sinking by the stern and I ordered the helm to be put hard up and to get into the boat, which was not to bow lowered but after going pretty close I ordered the boat to be lowered</p>
<xptr type="pageFacsimile" doc="187604030034"/>
<p>when I first saw the
<hi rend="italic">Franconia</hi> she was going towards Dover on a straight course as far as I could judge—I saw my boat pick up three ladies, and saw the
<hi rend="italic">Strathclyde</hi> go down; that was about ten minutes after what I first saw—the
<hi rend="italic">Franconia</hi> had then got away from the
<hi rend="italic">Strathclyde</hi> about a quarter to half a mile—I was I think about half a mile from the
<hi rend="italic">Franconia—am</hi> of the Deal boats was also about—she was bringing a pilot from Dover and I believe she belonged to a man on board my barque—that was the only boat I saw at that time but I saw two more boats afterwards.</p>
<hi rend="italic">Cross-examined.</hi> I did not see the
<hi rend="italic">Franconia</hi> or the
<hi rend="italic">Strathclyde</hi> before the collision—I was off the pier, off Dover—I did not see her go from the pier southward—I rendered every assistance I could—I saw a steamtug with a punt 2 miles or 2 1/2 miles off.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-169" type="witnessName">
<interp inst="t18760403-name-169" type="gender" value="male"/>
<interp inst="t18760403-name-169" type="surname" value="ACTON"/>
<interp inst="t18760403-name-169" type="given" value="HENRY THOMAS"/>HENRY THOMAS ACTON</persName> </hi>. I am a Channel pilot and boatman—on 17th February, I was on board the
<hi rend="italic">Queen of Nations</hi> which was lying to, waiting for a pilot on the west of Shakspeare's Cliff and about a couple of miles I should judge, from Dover pier—my boat is called the
<hi rend="italic">Brave Nelson</hi>, and I had come out in her to the
<hi rend="italic">Queen of Nations</hi>—mine is a pilot boat—I saw the
<hi rend="italic">Strathclyde</hi> start from Dover Bay and saw the course she steered—I judge that when she started she was standing S S W—there was a moderate breeze, it had been blowing all the morning—I could see, I judge, 6 or 7
<hi rend="italic">miles</hi>—I
<hi rend="italic">first saw the Franconia about 3 miles</hi> away
<hi rend="italic">to the eastward</hi>; she might be a couple of miles from the
<hi rend="italic">Strathclyde</hi> then—the
<hi rend="italic">Franconia</hi> appeared to me to be going a great deal faster then the
<hi rend="italic">Strathclyde</hi> was—I did not see them go into collision but I saw the
<hi rend="italic">Franconia</hi> backing her stem from' the
<hi rend="italic">Strathclyde</hi>—I judge that I saw both vessels about three minutes before the collision—I can not say whether if the
<hi rend="italic">Franconia</hi> had star boarded her helm at that time there would have been any collision; I was rather too far off—after the collision I saw the
<hi rend="italic">Franconia</hi> backing out, she seemed to lay there about three minutes and then she ported her helm and steamed away into Dover—at the time of the collision the tugboat was close off the Admiralty Pier; I mean near to the pier—there was a breeze in the morning but there was no sea to prevent the lowering of boats.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT PARRT</hi>. I have known the port of Dover twelve years—I saw the
<hi rend="italic">Early Morn</hi> and the boat
<hi rend="italic">Cruiser</hi> and my boat, the
<hi rend="italic">Brave Nelson</hi>, and the ship's boat attempt to render assistance to the
<hi rend="italic">Strathclyde—I</hi> do not think it was quite high water—the
<hi rend="italic">Strathclyde's</hi> course as she came out from Dover was about S S W; that is not a usual course on a flood tide; the usual course on a flood tide is S W by W; the proper course is to Dungeness S of W—the
<hi rend="italic">Strathclyde</hi> and the
<hi rend="italic">Franconia</hi> were both going to pass Dungeness—I understand these matters thoroughly—if I had been in command of the
<hi rend="italic">Strathclyde</hi> I should have gone out nearly close to the pier and then shaped my course to Dungeness Point—the tide from the Admiralty Pier would set her off a good piece before she did start.</p>
<hi rend="italic">Q.</hi> Then she would not have to go so far out?
<hi rend="italic">A.</hi> Well, every captain pleases himself—the
<hi rend="italic">Strathclyde</hi> was pushed out by the tide, and I think she might have taken her course direct for Dungeness with safety—she would not go out 4 or 5 miles to do so, nor 2 or 3.</p>
<hi rend="italic">Re-examined.</hi> Wind and fog come on at night—a man would keep out and avoid Dungeness as much as he could—it is not uncommon for vessels to come looking for pilots up to Dungeness—that is the ordinary course that vessels take up Channel to Dungeness looking for pilots—I cannot say whether by keeping out to sea you would avoid them.</p>
<xptr type="pageFacsimile" doc="187604030035"/>
<hi rend="smallCaps">
<persName id="t18760403-name-170" type="witnessName">
<interp inst="t18760403-name-170" type="gender" value="male"/>
<interp inst="t18760403-name-170" type="surname" value="HANGER"/>
<interp inst="t18760403-name-170" type="given" value="EDWARD"/>EDWARD HANGER</persName> </hi>. I am master of the
<hi rend="italic">Early Morn</hi>, a Deal lugger—I was examined before the Coroner at Deal and Poplar—on 17th February I had been cruising with my lugger all day, and at 3.30 or 3.35 p.m. I saw the
<hi rend="italic">Franconia</hi> and the
<hi rend="italic">Strathclyde</hi> coming down Channel towards us as we were running up—I saw both vessels keeping down and all of a sudden the
<hi rend="italic">Fran-conia</hi> turned round on her port helm, and I saw them both strike, and the
<hi rend="italic">Strathclyde</hi> sinking—the
<hi rend="italic">Franconia</hi> seemed to turn round 5 or 6 points, but I was not looking at the compass at the time—I saw the
<hi rend="italic">Strathclyde</hi> afterwards sinking, and then made the best of my way towards her—she was coming in towards the land then—I picked up twenty-three men and women—all but four or five in the ship's boats were floating about in the water—afterwards I made the best of my way to Deal with the persons I had on board.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COHEN</hi>. I was about 1 mile off the
<hi rend="italic">Franconia</hi> when I saw her; she bore about ESE or SE and by E from me, as near as I
<hi rend="italic">could judge</hi>—she
<hi rend="italic">might be</hi> a
<hi rend="italic">little more or</hi> a
<hi rend="italic">little under a mile; about a</hi> mile is as near as I could
<hi rend="italic">get</hi> at it—I was examined at Poplar—I might have said she was a little over a mile from me—I saw her come round all of a sudden—it was a very short time before the collision that she ported her helm, a minute it might be—she appeared to come round 5 or 6 points all on a sudden—I
<hi rend="italic">went</hi> direct to the
<hi rend="italic">Strathclyde</hi>—I caught a glimpse of the tug
<hi rend="italic">Palmerston</hi> before the collision, and that was all, no, it must have been about the same time—she was just clear of Dover Pier when I saw her—that is all I saw of her; she had her head off, but whether she was under steam or not I could not say—I did not notice her after the collision—it would take a steamtug perhaps a quarter of an hour to go from Dover Pier to the place of the wreck—she had cast off the lighter—the weather was clear at that time, there was no fog; it had been raining and dirty in the morning—it was fine weather at the time of the collision; the sea. was not heavy;. the weather was clear.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-171" type="witnessName">
<interp inst="t18760403-name-171" type="gender" value="male"/>
<interp inst="t18760403-name-171" type="surname" value="REDSTALL"/>
<interp inst="t18760403-name-171" type="given" value="ALFRED"/>ALFRED REDSTALL</persName> </hi>. I live at 86, Lower Street, North End, Deal—I am a boatman, and work on the
<hi rend="italic">Early Morn</hi> lighter, on the day of the collision I was homeward bound—I noticed two sceamers coming down Channel, they might have been 3 miles apart when we first saw them—I found one of them afterwards was the
<hi rend="italic">Franconia</hi>—when I first saw her she was making her course S W and by W to the best of my knowledge—the other vessel appeared to be making about the same, near to one another—the
<hi rend="italic">Franconia</hi> ported her helm, and her head came in a point—she ported to the best of my knowledge from 5 to 6 points; I did not see what the effect of that was—the
<hi rend="italic">Strathclyde</hi> was between us and the other—after this porting the vessels both appeared to me to be stopped—we made for them as quickly as possible—on our road to the
<hi rend="italic">Strathclyde</hi> the
<hi rend="italic">Franconia</hi> passed us to the westward, she was then about a couple of lengths from the
<hi rend="italic">Strath
<lb/>dyde</hi>—when we got up the
<hi rend="italic">Strathclyde</hi> had gone down, and we took up twenty-three men and one woman.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT PARRY</hi>. I saw the tug, I believe called the
<hi rend="italic">Palmerston</hi>—we got up to the place of the wreck, and did all we possibly could—as to the tug coming up to save more lives I should think there was nothing impossible—she could have come up after us in about three or four minutes according to my judgment—she was not an overlarge tug—a well-known handy tug—she might have come up quickly and saved more lives—I could not form any idea of what she was doing at the time—</p>
<xptr type="pageFacsimile" doc="187604030036"/>
<p>we were the first boat there—the ships were about three miles apart when 1 first saw the
<hi rend="italic">Franconia</hi>—at that time the weather was perfectly clear—the sea was moderate and so was the wind—from the place where the collision took place we could see the town of Dover, and the houses quite plainly with the naked eye—she was rather abreast of the pier if at all—I noticed the
<hi rend="italic">Franconia</hi> porting her helm—I should think it was about two or three minutes before the collision, or it might have been four minutes, I could not say to a minute or two exactly—she was going a course S W by W to the best of my judgment.</p>
<hi rend="italic">Re-examined by</hi> the Solicitor-General. I did not time it by a watch—I am only speaking to the best of my judgment—from where the steamer lay they could see any part of Dover—we could see the
<hi rend="italic">Strathclyde</hi> very plain—we were close to her—we could see half across the Channel.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-172" type="witnessName">
<interp inst="t18760403-name-172" type="gender" value="male"/>
<interp inst="t18760403-name-172" type="surname" value="CUSHNEY"/>
<interp inst="t18760403-name-172" type="given" value="WILLIAM"/>WILLIAM CUSHNEY</persName> </hi>. I live at Walmer, I am the master of the lugger
<hi rend="italic">Brave Nelson</hi>—on Thursday, 17th February, I went from the
<hi rend="italic">Queen of Nations</hi>, to fetch a pilot from Dover—just before getting there I saw the
<hi rend="italic">Strathclyde</hi> steaming from Dover Pier—she was steaming in a south westerly direction—I suppose she was steaming out in order to get into a fairway—I saw the
<hi rend="italic">Franconia</hi> at the same time steaming down in a westerly direction—when I first saw them I should think the
<hi rend="italic">Franconia</hi> was about two miles from the
<hi rend="italic">Strathclyde</hi>—we did not actually see the two vessels strike, but we saw them together; apparently in collision—we saw the
<hi rend="italic">Franconia</hi> come clear off—I saw the other steamer go down, and the
<hi rend="italic">Franconia</hi> steaming towards Dover—our boat was ashore at the Admirably Pier, waiting for the pilots that were coming there, we immediately made sail and proceeded towards the wreck—it was not more than a quarter of an hour between the time we saw the collision, and when we got to the wreck—we passed near the
<hi rend="italic">Franconia</hi>, as we were going, as near as 200 or 300 yards—I think we were then about three-quarters of a mile off the land—when we got to the wreck we found the
<hi rend="italic">Early Morn</hi> there, and we assisted in picking up the bodies.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COHEN</hi>. The bows of the
<hi rend="italic">Franconia</hi> were stove in, seriously damaged—there was a hole which you could see right through—you could not see right through into the fore compartment—you could see right through the bows—at the time of the collision the ships were nearly abreast of Dover Pier—we were a little over 2 miles off, it might be 2 1/2—I saw the tug
<hi rend="italic">Palmerston;</hi> she is a well-known, very handy tug; that tug could have got to the
<hi rend="italic">Strathclyde</hi> before us; she could have been a great deal of use and saved a great many persons—I saw the
<hi rend="italic">Franconia</hi> after the collision; she was steaming in towards Dover—she was going slowly—the weather was not foggy at the time of the collision—it was so clear that you could see 4 or 5 miles—there was no sea at all—there had been a heavy sea in the morning, all the forenoon—there was no heavy sea at all at the time of the collision—the flood tide was running; it runs eastwards—the hole in the
<hi rend="italic">Franconia's</hi> bows was about 4 or 5 feet above the water line.</p>
<hi rend="smallCaps">
<persName id="t18760403-name-173" type="witnessName">
<interp inst="t18760403-name-173" type="gender" value="male"/>
<interp inst="t18760403-name-173" type="surname" value="BLACK"/>
<interp inst="t18760403-name-173" type="given" value="THOMAS"/>THOMAS BLACK</persName> </hi>. I am Superintendent of the Peninsular and Oriental boats—I examined the
<hi rend="italic">Franconia</hi> after her arrival in London—I do not remember the exact date—it was one of the days of the inquest at Poplar—I was examined as a witness there—I examined her on behalf of the builder of the vessel—I found that the stem was considerably damaged—part of it gone, and that the bows had been stove in as far as the collision</p>
<xptr type="pageFacsimile" doc="187604030037"/>
<p>bulkhead which was 11 ft. abaft the stem, but the bulkhead was sound as far as I could see, with one slight exception, which was a little bulging on the starboard side—I was given to understand she had come down from the Downs to London—her entire length is about 360 ft—she was quite safe going at a moderate rate of speed in fine weather, as far as my judgment goes—there was no imminent danger of sinking as far as I could see—she had another bulkhead as near as I can recollect, about 21 ft. abaft that—it was not water tight—there was one about 39 or 40 ft. abaft that, which was watertight up as far as the lower deck—the first bulkhead was about 21 ft, from the collision bulkhead, and the next about 40 ft—the second was not watertight, because it had a hole in the bottom—I did not see the size of it, the ship was too narrow for me—I did not go down, I was informed by the carpenter that it was 1 1/2 to 3 inches in diameter—I don't think the vessel would have sunk at all from those injuries if she was going slowly; if she had been driving at full speed it is impossible to say how long she would have taken to sink; if the collision bulkhead was sufficiently tight to stand the force of
<hi rend="italic">going</hi> against the sea she
<hi rend="italic">would</hi> not fill in the other compartments, and she would not sink at all—supposing it did give way, I should think it would take five or six hours to fill the fore part up to the next watertight compartment—I should doubt whether that would sink her, it would bring her down by the head—the collision bulkhead is made strong for that very purpose—this was very strongly made and well supported.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. COHEN</hi>. I did not examine the
<hi rend="italic">Franconia</hi> at the request of the owners of the
<hi rend="italic">Strathclyde</hi>—I examined her at the request of the builder—I was in communication with Mr. Gellatly, the solicitor for the owner of the
<hi rend="italic">Strathclyde</hi>, the morning that I went down to see her, not with the owners—I was about three-quarters of an hour examining her, she was then in the Victoria Dock—I have been in the habit of surveying the Peninsular and Oriental Company's vessels, not as a surveyor, as their superintendent—it is my duty to survey vessels—I have surveyed vessels officially—I said at Poplar that I had not, but I corrected myself before the Court rose, and said I had made a mistake there—I surveyed the
<hi rend="italic">Baltimore</hi> that is the only vessel I have surveyed outside the company—when I survey the Peninsular and Oriental Company's vessels, I make the reports when they are asked from me; it is not generally asked from me; on special occasions—official surveyors do not accompany me—by official surveyors, I mean gentlemen who profess to be surveyors of vessels—when the Peninsular and Oriental Company's vessels are seriously damaged, as a rule there is official survey, not by me alone—I give them a very partial examination when they come into port, that is all, unless in special cases—when I went on board the
<hi rend="italic">Franconia</hi> I measured the distances of the bulkheads I have named—I have not got them here, they are at my office—I was not aware until this morning that I was to be brought to give evidence—I came up from Victoria Dock as fast as I could—to the best of my recollection the collision bulkhead was three-eighths of an inch thick; I am not quite certain, it might have been seven-sixteenths of an inch, I don't know—I did not notice the extent to which the plates were puckered—that would be a very good indication of the severity of the blow, possibly the best—I saw that they were, puckered, but I can't say to what extent—the danger of a bulkhead giving way depends entirely upon the severity of the blow—I was not asked to examine the extent to which the plates were puckered, or</p>
<xptr type="pageFacsimile" doc="187604030038"/>
<p>whether there was danger of the collision bulkhead giving way; that was not the object 1 had in view in seeing the ship; I looked at it and saw that it had not given way—I have a certain amount of practical experience which would enable me to judge when I see a bulkhead, whether it is strong enough or not, or whether it has given way—I examined the plates on the inside of the bulkhead carefully, and I examined those on the after side as far down as I could see, I could not see any broken—I could not undertake to say whether one was broken—I did not see any danger of the collision bulkhead giving way—I tried to see on the inside, I went down and examined it, as far as I could get, I suppose about 6 ft. off the bottom of the ship—without going down to the bottom you could not for certain ascertain the danger of its giving way—I say as far as I could see there was no danger of its giving way—I have not seen her in dry dock since the collision—I have not been asked to do so—if the collision bulkhead had given way I should say about 350 tons of water would have got into the ship—I will not undertake to say that 600 tons would not have got in—I took no measurement that would enable me to say that only 350 tons would come in, it is a guess—I looked at the plates in the immediate vicinity of the bulkhead—I did not notice any particular damage abaft the collision bulkhead—I am not prepared to swear there was not any—viewing it from the front I should say it would indicate great danger—if I had seen it at the moment, I might, as an experienced captain have feared that the collisio