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<p>CENTRAL CRIMINAL COURT</p>
<p>Sessions Paper.</p>
<p>COTTON, MAYOR.</p>
<p>SEVENTH SESSION, HELD MAY 1ST, 1876.</p>
<p>MINUTES OF EVIDENCE</p>
<p>TAKEN IN SHORT-HAND, BY</p>
<p>JAMES DROVER BARNETT</p>
<p>AND</p>
<p>ALEXANDER BUCKLER,</p>
<p>Short-hand Writers to the Court,</p>
<p>ROLLS CHAMBERS, No. 89, CHANCERY LANE.</p>
<p>VOL. LXXXIV.</p>
<p>SESSIONS, VII TO XII</p>
<p>THE POINTS OF LAW AND PRACTICE</p>
<p>REVISED AND EDITED, BY</p>
<p>EDWARD T. E. BESLEY, ESQ.,</p>
<p>OF THE MIDDLE TEMPLE, BARRISTER-AT-LAW.</p>
<p>LONDON:</p>
<p>STEVENS & SONS, 119, CHANCERY LANE.</p>
<xptr type="pageFacsimile" doc="187605010002"/>
<p>THE</p>
<p>WHOLE PROCEEDINGS</p>
<p>On the Queen's Commission of</p>
<p>OYER AND TERMINER AND GAOL DELIVERY</p>
<p>FOR</p>
<p>The City of London,</p>
<p>AND GAOL DELIVERY FOR THE</p>
<p>COUNTY OF MIDDLESEX, AND THE PARTS OF THE COUNTIES OF ESSEX, KENT, AND SURREY, WITHIN THE JURISDICTION</p>
<p>OF THE</p>
<p>CENTRAL CRIMINAL COURT,</p>
<p>Held on Monday, May 1st, 1876, and following days,</p>
<p>
<hi rend="smallCaps">BEFORE THE RIGHT HON</hi>.
<hi rend="largeCaps">
<persName id="t18760501-name-1" type="judiciaryName">
<interp inst="t18760501-name-1" type="gender" value="male"/>
<interp inst="t18760501-name-1" type="surname" value="COTTON"/>
<interp inst="t18760501-name-1" type="given" value="WILLIAM JAMES RICHMOND"/>WILLIAM JAMES RICHMOND COTTON</persName> </hi>, M.P.,
<hi rend="largeCaps">LORD MAYOR</hi> of the City of London; The Hon. Sir
<hi rend="smallCaps">WILLIAM BALIOL BRETT</hi>, Knt., one of the Justices of Her Majesty's Court of Common Pleas; Hon. Sir
<hi rend="smallCaps">
<persName id="t18760501-name-2" type="judiciaryName">
<interp inst="t18760501-name-2" type="gender" value="male"/>
<interp inst="t18760501-name-2" type="surname" value="AMPHLETT"/>
<interp inst="t18760501-name-2" type="given" value="RICHARD PAUL"/>RICHARD PAUL AMPHLETT</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">
<persName id="t18760501-name-3" type="judiciaryName">
<interp inst="t18760501-name-3" type="gender" value="male"/>
<interp inst="t18760501-name-3" type="surname" value="ROSE"/>
<interp inst="t18760501-name-3" type="given" value="WILLIAM ANDERSON"/>WILLIAM ANDERSON ROSE</persName> </hi>, Knt.,
<hi rend="smallCaps">
<persName id="t18760501-name-4" type="judiciaryName">
<interp inst="t18760501-name-4" type="gender" value="male"/>
<interp inst="t18760501-name-4" type="surname" value="LAWRENCE"/>
<interp inst="t18760501-name-4" type="given" value="WILLIAM"/>WILLIAM LAWRENCE</persName> </hi>, Esq., Sir
<hi rend="smallCaps">
<persName id="t18760501-name-5" type="judiciaryName">
<interp inst="t18760501-name-5" type="gender" value="male"/>
<interp inst="t18760501-name-5" type="surname" value="LAWRENCE"/>
<interp inst="t18760501-name-5" type="given" value="JAMES CLARKE"/>JAMES CLARKE LAWRENCE</persName>, BART</hi>., Aldermen of the said City; The Right Hon.
<hi rend="smallCaps">
<persName id="t18760501-name-6" type="judiciaryName">
<interp inst="t18760501-name-6" type="gender" value="male"/>
<interp inst="t18760501-name-6" type="surname" value="GURNET"/>
<interp inst="t18760501-name-6" type="given" value="RUSSELL"/>RUSSELL GURNET</persName> </hi>, Q.C., M.P., Recorder of the said City; Sir
<hi rend="smallCaps">
<persName id="t18760501-name-7" type="judiciaryName">
<interp inst="t18760501-name-7" type="gender" value="male"/>
<interp inst="t18760501-name-7" type="surname" value="WHITE"/>
<interp inst="t18760501-name-7" type="given" value="THOMAS"/>THOMAS WHITE</persName> </hi>, Knt.,
<hi rend="smallCaps">JOHN WHITTAKER ELLIS</hi>, Esq.,
<hi rend="smallCaps">
<persName id="t18760501-name-8" type="judiciaryName">
<interp inst="t18760501-name-8" type="gender" value="male"/>
<interp inst="t18760501-name-8" type="surname" value="HADLEY"/>
<interp inst="t18760501-name-8" type="given" value="SIMEON CHARLES"/>SIMEON CHARLES HADLEY</persName> </hi>, Esq., others of the Aldermen of the said City; Sir
<hi rend="smallCaps">
<persName id="t18760501-name-9" type="judiciaryName">
<interp inst="t18760501-name-9" type="gender" value="male"/>
<interp inst="t18760501-name-9" type="surname" value="CHAMBERS"/>
<interp inst="t18760501-name-9" type="given" value="THOMAS"/>THOMAS CHAMBERS</persName> </hi>, Knt. Q.C., M.P., Common Serjeant of the said City; and
<hi rend="smallCaps">
<persName id="t18760501-name-10" type="judiciaryName">
<interp inst="t18760501-name-10" type="gender" value="male"/>
<interp inst="t18760501-name-10" type="surname" value="KERR"/>
<interp inst="t18760501-name-10" type="given" value="ROBERT MALCOLM"/>ROBERT MALCOLM KERR</persName> </hi>, Esq., Judge of the Sheriff's Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-11" type="judiciaryName">
<interp inst="t18760501-name-11" type="gender" value="male"/>
<interp inst="t18760501-name-11" type="surname" value="KNIGHT"/>
<interp inst="t18760501-name-11" type="given" value="HENRY EDMUND"/>HENRY EDMUND KNIGHT</persName> </hi>, Esq., Alderman.</p>
<p>
<hi rend="smallCaps">EDGAR BREFFIT</hi>, Esq.</p>
<p>
<hi rend="italic">Sheriffs</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-12" type="judiciaryName">
<interp inst="t18760501-name-12" type="gender" value="male"/>
<interp inst="t18760501-name-12" type="surname" value="BAYLIS"/>
<interp inst="t18760501-name-12" type="given" value="EDGAR ALEXANDER"/>EDGAR ALEXANDER BAYLIS</persName> </hi>, Esq.</p>
<p>
<hi rend="smallCaps">HENRY HOMEWOOD CRAWFORD</hi>, Esq.</p>
<p>
<hi rend="italic">Under-Sheriffs</hi>.</p>
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<p>
<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi>.</p>
<p>
<hi rend="largeCaps">COTTON, MAYOR. SEVENTH SESSION</hi>.</p>
<p>
<hi rend="italic">A star</hi> (*)
<hi rend="italic">denotes that prisoners have been previously in custody—two stars</hi> (**)
<hi rend="italic">that they have been more than once in custody—an obelisk</hi> (†)
<hi rend="italic">that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age</hi>.</p>
<p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>
<hi rend="italic">Monday, May</hi> 1
<hi rend="italic">st</hi>, 1876.</p>
<p>
<hi rend="italic">Before Mr. Recorder</hi>.</p>
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<p>337.
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<interp inst="def1-337-18760501" type="age" value="41"/>
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<hi rend="largeCaps">ROBERT JOHN YOUNG</hi> (41)</persName>, was indicted
<rs id="t18760501-337-offence-1" type="offenceDescription">
<interp inst="t18760501-337-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18760501-337-offence-1" type="offenceSubcategory" value="perjury"/> for wilful and corrupt perjury.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. HARRIS, WILLIS</hi>,
<hi rend="italic">and</hi>
<hi rend="smallCaps">PEILE</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MESSES. WARNER SLEIGH, C. MATHEWS</hi>,
<hi rend="italic">and</hi> Gill
<hi rend="italic">the Defence. '</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-14" type="witnessName">
<interp inst="t18760501-name-14" type="gender" value="male"/>
<interp inst="t18760501-name-14" type="surname" value="JESSE"/>
<interp inst="t18760501-name-14" type="given" value="WILLIAM JOSEPH"/>WILLIAM JOSEPH JESSE</persName> </hi>. I am chief usher at Worship Street police-court—on 2nd February I administered the oath to the defendant as a witness in the prosecution of William Pilley—he gave evidence on that occasion.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-15" type="witnessName">
<interp inst="t18760501-name-15" type="gender" value="male"/>
<interp inst="t18760501-name-15" type="surname" value="LEE"/>
<interp inst="t18760501-name-15" type="given" value="EDWARD"/>EDWARD LEE</persName> </hi>. I am chief clerk at Worship Street police-court—on 2nd February I took the defendant's deposition against William Pilley—I pro
<lb/>duce it. (
<hi rend="italic">The deposition being read, the statements upon which perjury was alleged was that William Pilley had directed Young to remove two boxes con
<lb/>taining brass bands belonging to Mr. Warren from the premises in Buttesland Street, Hoxton, to stables adjoining Pilley's residence at Stoke Newington; that he told him to do that so that no one should see him, and that he after
<lb/>wards gave them to Young, telling him to do as he liked with them, and that he considered he was giving him</hi> 5
<hi rend="italic">l</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-16" type="witnessName">
<interp inst="t18760501-name-16" type="gender" value="male"/>
<interp inst="t18760501-name-16" type="surname" value="PILLEY"/>
<interp inst="t18760501-name-16" type="given" value="WILLIAM"/>WILLIAM PILLEY</persName> </hi>. I am the prosecutor in this case—I am a rate and tax collector for the City of London—I have an office at No. 1, Aldermanbury Postern—I am proprietor of the Basinghall Hotel, New Basinghall Street—my private residence is at 61, Stoke Newington Road—I have a stable at Barrett's Grove, that is about one-eighth of a mile from my house—I have also a stable attached to the house, I use that stable, not the other, only as a store place, to put a spare trap in; there is a way to it through my gar
<lb/>den, and also a way through a public gate to Barrett's Grove—the defendant is a carpenter, he has worked for me four or five years off and on at odd jobs—he occupied premises at 23, Redcross Street under the Metropolitan Railway, and I objected to him for nonpayment of rent; I took the pre
<lb/>mises and allowed him to occupy them rent free for nearly two years up to January or February this year, I then turned him out—about July last year I purchased the lease of 21, Buttesland Street, of Mr. Benson, for 250
<hi rend="italic">l</hi>.—on 23rd July I let those premises to Mr. Warren, an auctioneer, for twenty-eight</p>
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<p>days, for 10
<hi rend="italic">l</hi>., to hold a sale there—during the time he occupied the place I let them to Mr. Westoby on lease—I was to give Mr. Westoby possession on 13th September when I purchased the premises of Mr. Benson there were some fixtures there of Mr. Benson's which he valued at 100
<hi rend="italic">l</hi>.; they were left there—I was not aware that there were two boxes of brass bands there until Young told me they were there—on 13th Septem
<lb/>ber I was at 21, Buttesland Street for the purpose of giving Mr. Westoby possession of the premises—I talked to Mr. Benson about the removal of his fixtures, I sent for him to my office, I think that was on the 12th, or the morning of the 13th—Young was there, my son, and I think my son's porter, Houlton—I asked Mr. Benson how he proposed to remove the fixtures; he first proposed selling them—I said there was not time to sell them—he said "I have no room for them at my place"—I said "Well, you can put them in my old stable until you have time to sell them"—he then turned to Young and asked Young if he would remove them—he said "You take the' things to Mr. Pilley's stable-yard in Barrett's Grove"—it was through Young's intervention that the premises were let to Westoby and he received 5
<hi rend="italic">l</hi>. from me for doing so—Young agreed to remove them; he said he would go and get a horse and van and remove them—I did not give him any instructions to remove the things to my place, all I said to Young was that he might put them in the yard; he knew the yard well enough—Mr. Benson gave him the instructions—I saw the defendant again, after Mr. Benson had gone, at my office—he then said he was going with this horse and van to remove the things—I said "Well, I shall be up there about 5 o'clock in the evening to give up possession to Westoby"—he went away, and I went up in the afternoon; I believe he sent his boy for me; I met the boy on the road—when I got up there the van was loaded, or partially loaded—Young was there and several carmen, I did not know them; Burke and Oxley were there—Young met me at the corner—I said to him "Have you got all Benson's things out?"—he said "There is a bench or two that I have not removed;"I believe he said on the first floor—I went throngh the door with him, whether I went into the premises or not I can hardly tell, I believe I did go in—I came out and handed the key to Mr. Westoby and said "Now, finish getting Benson's things away," and with that I left—at that time I knew nothing whatever about any boxes of brass bands being on the pre
<lb/>mises—I did not tell Young to put them in the van and take them to my place with the other things; or say "Don't let that man see you put them on, I will go away, and will not be seen it," it is perfectly untrue—I did not direct him to take the man away to drink—I did not tell him that the boxes contained brass; I knew nothing of the kind—I gave up possession to Westoby's man, and went home—the first I heard of the brass bands was a letter from Mr. Warren—I went from Buttesland Street to my private residence, and was there from 6 until 9 o'clock—in consequence of a message from Young I went to the stable yard, and there saw Young and these men with the wagon load of things; it was then quite dark—the van was in the road; I believe it was unloaded, with the exception of a large iron tank called a stove—Young asked me "Where am I to put it?"—I told him to put it against a fence in the stable-yard—Young said "I have lost the key of the padlock"—I had a candle in my hand; I gave him the candle, and said "You had better look for the key"—he said it did not matter, he could put a peg in the hasp, the door would be safe enough that way—I said "It is very strange you should lose the key; at all events, if</p>
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<p>you can't find it, I will have another padlock put on; "He seemed disap
<lb/>pointed—my son was there, and I told him "If Young cannot find the key go and take the padlock off the fowl-house, and go and see that the place is properly fastened up," and with that I went away—I did not see the van unloaded, no further than the iron tank; all I saw was a lot of old lumber and beams of wood in the corner, but no box—I received a communication from Mr. Warren about the middle of September; it might have been a week after giving possession to Mr. Westoby—in consequence of that commun
<lb/>ication I sent for Young; he came to my office in Aldermanbury Postern in the morning part—my son was present, and Holton, my son's porter—Mr. Walker was present on one occasion, but I think not when I received the first letter; I won't be sure—I showed Young the letter, and handed it to him—this is it. (
<hi rend="italic">Read:</hi> "24th September, 1875. Dear Sir,—I have sent several times to you respecting some brass banding that was taken from Buttealand Street when you removed your goods from there—I must re
<lb/>quest you to inform me who removed them, so that I can make inquiries about it. Perhaps you can inform me whether they were taken anywhere by mistake. Kindly answer by return, as it is a matter of importance.
<hi rend="italic">Hy</hi>. T. Warren") Young said "No, I don't remember removing such things"—I described them to him as they had been described by Warren to my son—he said they were too long, narrow boxes about 9 ft or 10 ft. long and about 5 ft. by. 4 ft.—Young then said "Yes, I did take those two boxes away"—I said "Well, you are putting me to a lot of trouble, and you are a great scamp if you removed these things, because you knew they were not part and parcel of Benson's goods. I suppose that is the reason you lost the key. Now, you go immediately to my premises and take them to Mr. Warren"—he said "I have not Mr. Warren's address"—I said "Here it is, on the top of this letter"—that was the letter I was showing him, but to prevent mistake I handed the letter to my son, and said "Write the address and give it to Young," and he did so—I can't give it you, because I did not see it, but I think it was somewhere in Gracechurch Street; I believe it was the same address that was on the letter—Young said that he would fetch them, and I said that as he was going there there were two or three gates in my yard that wanted easing, and he could ease them at the same time—he said he would—I never told him then nor at any time that 1 would make him a present of the boxes, or that I considered I was giving him 5
<hi rend="italic">l</hi>., or any words to that effect (I had given him 5
<hi rend="italic">l</hi>. for letting the premises), or that he might do what he liked with them; nothing of the kind—he called again a little later in the day with his tools, and said "I shall have to employ a horse and cart to-remove those things"—I said "Well, you can take the pony and cart from Stoke Newington, and take them back to Warren's," and he left saying that he would do so—Holton was present on that occasion, and I believe my son and Mr. Walker—I went to Stoke Newington the same evening, and saw Young; he had done the few jobs I had told him to do, and he had carried the two long, narrow boxes and placed them against the stable attached to the house; that was the first time I saw the boxes—I then said to him "Now, see that they are delivered safely to Warren," and with that I left—that was all I saw with respect to those boxes; that might have been between 7 and 8 o'clock at night—about a week after that he came to my office one morning; I believe on that occasion Dr. Nicholls and Mr. Walker were present, and my son—I said "Have you taken those boxes back to Warren?"—he said "Yes, I</p>
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<p>have; I have delivered them to him"—I believe there was another letter from Mr. Warren; I can't say the date; it might have been a week after Young was at the office, but he was there so often I can hardly fix date—Dr. Nicholls, Walker, and my son were present then—I asked him if the boxes had been removed because I had received another letter from Warren, and he assured me that they had, and then he alleged as an excuse why I had received that letter, that Warren had removed from Gracechurch Street, I think he said to Queen Victoria Street or Cannon Street—I could but accept his excuse, because he assured me that the goods had been returned—I don't think I saw him again about the boxes till the end of November; I can't fix the date exactly—I had left business, and was walking up Red
<lb/>cross Street, and I saw two labouring-looking men with two boxes very similar to those that Young had carried away and that I had seen at my stable door—curiosity more than anything else led me to stop the men and say "What are you doing with those boxes I because they were right opposite Young's shop, 23, Redcross Street, and I saw Young in the distance evidently tipsy—I told the men to stop and called a policeman, while I went after Young—I said "What a d—d fellow you are to give all this trouble about these boxes, you have repeatedly told me that you would return them"—he said "Oh, governor, it is all right"—we walked along Fore Street till we came to where the men had these boxes lying down in the road—there was a crowd of people round—a man named McMillan came up and used abusive language to me, and said "What do you want with the boxes, will you give the men into custody"—I refused—Young said "What is the good of making this bother, governor, I will see that the boxes are returned all right; they are going to McMillan's to-night, and to-morrow morning they shall be returned"—McMillan is a man that purchases old lead and iron, and keeps a zinc shop; and Young is in the habit of selling old material to him—I took Young to my office and fetched my son and went to McMillan's premises and saw the boxes deposited there—Young, McMillan and some more men were all drinking together—Young was drinking for some days after that—about a week afterwards he came to my office—my son was present and, I believe, Walker—he said he was very sorry that the goods had not been returned, and wanted me to give him some more work, and I agreed to give him a contract for 50
<hi rend="italic">l</hi>. on some premises that I had bought in Fore Street—I afterwards had some disagreement with him about it, and I turned him out of the premises, he having drawn all the money for the contract; I think that was about the 22nd January—the next I heard about the boxes was on 1st February, when two detectives came to my office and took me into custody, and I was locked up all night without bail—next morning I was taken before Mr. Hannay at Worship Street, and Young gave evidence against me, the case was dismissed and I then took these proceedings.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I have employed Young about five years on and off on small jobs—I am an income-tax collector and assessor—I have not had occasion to assess the prisoner since I turned him out of my premises—I collect his income-tax when there is any to collect—I don't assess him, he making his return to me—it is untrue that I have assessed him at 2
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>. since, instead of 1
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>.—I may have received two or three letters from Mr. Warren about these boxes, I have brought here all the letters that came into my possession—it may have been three or four—I don't know the date of the last, I could not swear it was not 20th</p>
<xptr type="pageFacsimile" doc="187605010007"/>
<p>December—I did not tell McMillan that these boxes belonged to me, nothing of the kind—it was not my business to go to Mr. Warren and tell him about the boxes being sent to McMillan's—Young did not tell me that he had sold them to McMillan—he told me that McMillan had lent him 10
<hi rend="italic">s</hi>. for the night, and that they had spent it together—McMillan told me he had bought them, and I said they were not Young's to sell, and if necessary for the protection of the goods I would claim them—I did not read Warren's letter of 20th December to my knowledge—I have no recollection of it; I would not wear either way—McMillan was a man who would buy anything that was cheap; I have had one or two dealings with him, I sold him an old lead cistern fire years ago—I remember an action of Saint against Lockyear—I made an affidavit in that action two years ago—this is it (
<hi rend="italic">read</hi>)—upon that an interpleader was issued against me—a house was let to me by a Mr. Lark and I let it to Lockyear—there were some fixtures on the premises—Lockyear gave up the premises to a man named Binns he was not employed by me; I swear that—I did not pay 15
<hi rend="italic">l</hi>. damages and 60
<hi rend="italic">l</hi>. costs—Lark, my landlord, defended the action, he bought the fixtures and sold them to me—I believe I did go inside the house in Buttesland Street on the night these goods were removed, I went because Young told me there was a bench or two that he had not removed and I directed him to remove them; I went there to give up the premises as agreed to Westoby, his man was waiting for the key—I don't think I went inside further than the door—I went there about 5 o'clock and got home about 5.30 or 5.45, and the first I heard of the van was about 9 o'clock—Young took the things to the stable by Benson's orders, I gave Benson permission to put them there—I did not tell Young to go to Caffery the carman, I have employed Caffery at different times, not much—I sent for Benson for the purpose of speaking to him about the fixtures, he would not have sold the fixtures but for me, because there was not time to sell them—I did not say to him "Don't sell them, you will lose"—I said "If you sell them in such a hurry there is not time to call in a broker and sell them;" that he might not get so much for them, and I told him he might take them to my premises in Barrett's Grove—I did not charge him anything for the use of the stable—I did not tell Warren in December that the bands had been sold by Young to McMillan—Warren asked me the address of the man that had removed the goods and I gave him Young's address—I thought it was a drunken frolic on Young's part leaving them at McMillan's—I did not think he was scamp enough to sell them; there were five or six of them drinking together that night, they were all drunk—I had-spoken to him about the bands several times before the 19th, and he always said he had returned them—I never answered one of Warren's letters—I should not think I was at the house in Buttesland Street a quarter of an hour when the things were being removed—I told Young to take the brass bands to Warren the same day that he admitted receiving them, that was on the receipt of the letter of 24th September from Warren—I might have received another of 8th October—I told Young he might have my pony and cart and my son's porter to take the things to Warren—it was not arranged with Young that I should be there to see the things out—Young had the key and I took it from him—Buttesland Street is about 2 miles from my office—I met Young's lad, he said he was coming to my office, and I gave him 2
<hi rend="italic">d</hi>. to ride back—when I got to the house I asked Young if he had taken out all</p>
<xptr type="pageFacsimile" doc="187605010008"/>
<p>Benson's things—he did not ask me to come in and see—I did not see these boxes, I distinctly swear that—he did not say there were some iron bolts there which he did not know whether they belonged to Benson or not; there was no one present at the time, Westoby's man was standing on one side of the front door waiting to receive the key—I should not think he could hear—I did not send him to a public-house to have some
<lb/>thing to drink—I believe I gave him the key—I don't think the front door was shut when I left—I did not see any of the goods moved from the van into the stable—my son did not carry the boxes in, he was not there.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-17" type="witnessName">
<interp inst="t18760501-name-17" type="gender" value="male"/>
<interp inst="t18760501-name-17" type="surname" value="BENSON"/>
<interp inst="t18760501-name-17" type="given" value="CHARLES JOHN"/>CHARLES JOHN BENSON</persName> </hi>. I am a costume maker and live in Milton Street, Fore Street—I had the house 21, Buttesland Street, Hoxton—I sold it to Mr. Pilley in July or August last—I left a large quantity of fixtures there—about the middle of September Mr. Pilley sent for me to his office; I found Young there and Mr. Pilley's son—Mr. Pilley said to me "Westoby wants the place cleared; what will you do with your fixtures?"—I said "I will have a broker in and sell them"—he said "Don't do that, you will lose so much money"—I said "I have no place to put them"—he said "If you like, you can have them put at the back of my place at Stoke Newington"—I said to Young "Young, will you see them taken from Buttesland Street to the back of Mr. Pilley's house at Stoke Newington?"—he said "I will"—Mr. Pilley did not give any instructions to remove these things; that was all the conversation that passed.</p>
<p>
<hi rend="italic">Cross-examined.</hi> Young said "I will go and get a cart;"I don't think I mentioned that at the police-court—I saw him about a month after
<lb/>wards, and asked him whether he was going to charge me for moving the things—he said "No; Mr. Pilley has paid me a liberal commission for letting the premises to Westoby and I will not charge you anything for removing the fixtures."</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-18" type="witnessName">
<interp inst="t18760501-name-18" type="gender" value="male"/>
<interp inst="t18760501-name-18" type="surname" value="PILLEY"/>
<interp inst="t18760501-name-18" type="given" value="JOHN WESLEY"/>JOHN WESLEY PILLEY</persName> </hi>. I carry business on at I, Aldermanbury Postern, and am son of the prosecutor—I was present in the office on the 13th September, I think it was, when my father was there, the defendant, and Mr. Benson—Mr. Westoby, the tenant, required the fixtures to be re
<lb/>moved—Mr. Benson said "We better get a broker and sell them;" father said "It is impossible to do that now; if you like, you can send them up to my private house, as there is more room there than at your-place for them"—my father gave no instructions on that occasion whatever—I was present on the day on which the goods were removed from Buttesland Street to be brought up to Stoke Newington—I was not present when the goods arrived, I had not left the City then—I got home before the van had gone away—the goods were unloaded—I saw my father there, he was looking for the key, and Young was also looking for the key—I did not see the brass bands or boxes at all—I had not the slightest idea they were there—my father had not his attention called to them in any way, to my knowledge—I remember seeing my father, the prisoner, and Mr. Walker some time early in January, at No. 1, Aldermanbury Postern—I found the keys of the gate were lost and they were looking for them my father said "Put a new lock on"—I heard my father say to the prisoner "Mr. Warren has been writing to me about some brass bands removed from Buttesland Street"—he said "Oh"—my father said "You had the removing of the goods and you must know what you have put upon the van"—he afterwards said "Yes, I do recollect removing them away;'</p>
<xptr type="pageFacsimile" doc="187605010009"/>
<p>father then told him to go and fetch them back again and take them to Mr. Warren—he also told me to give him Mr. "Warren's address, and I wrote the address on a piece of paper and handed it to the defendant—I wrote "Mr. Warren, 52, Gracechurch Street"—he said "It is not worth while putting me to the expense of a horse and trap, will you allow Alfred to go with me to Stoke Newington and bring them down in the pony and cart?" (Alfred Holton is a porter in my employ)—I consented to his going with my father's pony and cart—my father said also "You may as well as you are up there go a little earlier in the day, as there are two or three gates in the garden that wont shut, and you can attend to them when you are there"—I was at Stoke Newington on the evening of that day—I saw the prisoner there—1 went home about 3 o'clock—I was there the whole of the afternoon—I saw the boxes fetched out—my father told Young to fetch the boxes, and he went down the garden and brought them up and stood them by the stable door; my father then told him to take them back to Mr. Warren—I was present the whole of the time—I did not hear my father say "I consider I have given you as good as 5
<hi rend="italic">l</hi>. to
<lb/>night;" I heard no words of giving the goods to the defendant on this occasion, nor that he might take them where he liked—I saw the goods put into the cart; my father was not present then, nor when the prisoner drove away—this was before Lord Mayor's day; about the 1st or 2nd November, I should think—I recollect subsequently having another interview with the prisoner at my father's when Dr. Nicholls was present—I recollect my father putting the question to the prisoner whether he had taken the goods to Mr. Warren, and he said "Yes"—after this, I recollect seeing the prisoner in Fore Street—my father fetched him, he met him in Redcross Street, close to Jewyn Street, and he said "Young, you ought to be locked up for this; here's Young selling the bands he ought to have returned to Mr. Warren"—Young said he had not sold them, he had only sent them round to Mr. McMillan and would deliver them in the morning—I went with my father to Mr. McMillian's, but he was out—a, day or two after I saw the prisoner again, and my father asked him whether he had taken the goods back again to Mr. Warren, and he said "Yes;" Mr. Walker was present on that occasion, and my father, myself, and the porter was sitting at the end of the shop.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I said at the police-court that upon Benson's suggesting it my father agreed to the goods being taken to his house, but I think I made a slight mistake, it was my father said "might send them"—my father did not say to Young "To save you the expense of a. cart, my son's porter can go with you and bring these things back in the pony cart belonging to me"—Youug said "Very well," but I think not to my father's suggestion—my lather did not say to Benson that he had better not sell, because he would sell at a considerable loss—1 did not know Mr. Warren very well—he called at our place and I saw him—I told him Young had been removing the goods, and also the name of the carman, and he asked me if I knew anything about the vans—I said "No"—I saw the letters which were written to my father—I have no knowledge of the one written last, in the end of December—I will not swear there was not a letter on the 20th December—I never saw it to my knowledge—I do not recollect Warren coming up to the office door in a hansom cab in December and having a conversation with my father—I do not recollect that my father, Mr. Warren, and myself had a conversa
<lb/>tion in December about these brass bands—I will not say such a thing did</p>
<xptr type="pageFacsimile" doc="187605010010"/>
<p>not take place—my father had employed Young for five or six years—I assist my father in his numerous vocations; he is not in business; he keeps the Basinghall Hotel and he keeps an office—he buys and sells property and I assist him—he has not continuously employed Young in things for five or six years that he could not give to more important people—he has often employed him in small jobs—I know he allowed him to live at his place of business for two years, rent-free—I know most of my father's business mat
<lb/>ter—I was not present at part of the removal of the goods at my father's house at Stoke Newington—the goods were not deposited in the stable at all, they were in the open ground—I was in the stable-yard when the goods were deposited; it was about 8 o'clock in the evening; it was too dark to see the goods—my father was there before I got there.</p>
<p>
<hi rend="italic">Re-examined</hi>. When I got there I found the van unloaded and my father there, and the question was arising about the padlock—the prisoner said "Never mind, it will do just as well to put a peg in the door"—I took a peg out of one of the fowl-house doors and put it in.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-19" type="witnessName">
<interp inst="t18760501-name-19" type="gender" value="male"/>
<interp inst="t18760501-name-19" type="surname" value="WALKER"/>
<interp inst="t18760501-name-19" type="given" value="JOHN JOSEPH"/>JOHN JOSEPH WALKER</persName> </hi>. I am a retired builder, living at 25, Wood Street, Westminster—I know Mr. Pilley and his son—I remember being in his office one day before the 9th of November; Mr. Pilley and Mr. John Pilley were present, and Young—Mr. Pilley asked Young if he had seen anything of two boxes, packing-cases, containing brass bands—he said at first "No, I did not see them"—Mr. Pilley then gave the description: he said they were too long boxes, like pieces of timber, belonging to Mr. Warren—Young said "I remember removing two boxes of that description among the other lumber to your private house"—Mr. Pilley said "Well, Mr. Warren has made an application to me for them, and you had better go and get them and take them to Mr. Warren"—he said "How shall I get them down there?"—Pilley said "You must get a van"—"Oh," He said, "it is not worth while getting a van; can't you allow John's porter to go with the dog-cart 1
<hi rend="italic">l</hi>. and Mr. Pilley said "Yes"—the address Mr. John Pilley wrote, and gave it to the defendant, and Mr. Pilley said "Well, there are some gates in the garden want easing; you had better take up a few tools and do them"—Young said he would go at once, and he left—I remember being at Mr. Pilley's office, on the 20th November, as near as I can tell; Mr. Pilley, sen., and Mr. Pilley, jun., and Dr. Nicholls were present—Young was there—Mr. Pilley said to him "What about those boxes of brass bands? I am being continually annoyed by Mr. Warren; why have you not taken them home?"—he said "I have done so"—Mr. Pilley said "It is a very strange thing if you have done so that I should be annoyed in this man
<lb/>ner," and he said "I have"—that was all the conversation.</p>
<p>
<hi rend="italic">Cross-examinied</hi>. I have known Mr. Pilley about eight years intimately, and in business also—I cannot say that I was introduced to him by a gen
<lb/>tleman named Templeman, but it was through him that I became acquainted with him—I do not know that Mr. Pilley was an intimate friend of Mr. Templeman's; he was my solicitor as well as his, and we all agreed inti
<lb/>mately together in the way of business, and in the way of friendship to a certain amount—I have dined with Mr. Pilley frequently—Mr. Templeman is a solicitor who had fourteen years' penal servitude, and is undergoing it now—I saw Mr. Warren the night Mr. Pilley was given into custody—I never saw him before to my knowledge—I have not seen Mr. Wanen in Pilley's office until that occasion when he was given into custody—I was there then—I am sure that Mr. Pilley did not tell me in September that</p>
<xptr type="pageFacsimile" doc="187605010011"/>
<p>Warren had been to his house—Mr. Pilley never told me about these brass bands; I have never heard him telling Young—I am a retired builder—my property is in several parts of London—I am a valuer, and as a rule I value what property Mr. Pilley buys and sells—I am not engaged in building transactions with him.</p>
<p>
<hi rend="italic">Re-examined</hi>. I was Mr. Pilley's builder for seven or eight years.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-20" type="witnessName">
<interp inst="t18760501-name-20" type="gender" value="male"/>
<interp inst="t18760501-name-20" type="surname" value="NICHOLLS"/>
<interp inst="t18760501-name-20" type="given" value="RICHARD"/>RICHARD NICHOLLS</persName> </hi>. I am a doctor in medicine, and
<hi rend="italic">lire</hi> at Hampstead—I remember being at the prosecutor's office about the middle of November—Mr. Walker came in while I was there—the defendant was there during the interview; both Mr. Pilley, sen., and Mr. Pilley, jun., were there—a conversation took place between the prosecutor and the defendant respect
<lb/>ing a letter which the prosecutor held in his hand, and he said "Now, Mr. Young, what about these brass bands 1
<hi rend="italic">l</hi>. You will get me into trouble about these things. You told me you had returned them, is that so?"—"Yes," he said, and Mr. Pilley said "Well, it is very strange; what do these letters mean?"—I do not recollect what else was said—I left immediately afterwards—Young said distinctly that he had returned them.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I was first asked to give evidence in this matter at the second hearing of the case at Worship police-court—I think it was men
<lb/>tioned by Mr. Pilley—I could not say that Mr. Pilley's son was there—I recollect distinctly Mr. Pilley asking me whether I heard this conversation—I do not think Mr. Walker was present; I would not undertake to swear that he was not—Mr. Pilley asked me to give evidence at the police-court; this was when Young was on his trial; I could not distinctly state—all four of us were present, including Mr. Pilley, his "son, Walker, and myself—I do not know anything about our talking about the case—I am a physician; I was trained in England, and passed in Naples—I am studying to pass in the College of Physicians in England—I am not at present a member; I am neither a member of the College of Surgeons—I have had shops for patent medicines that I have—I have known Mr. Pilley for some years, on not very intimate terms with him; I came in to see him respecting an attack of rheumatism.</p>
<p>
<hi rend="italic">Re-examined</hi>. That is how I happened to be there—I have stated what really took place—I was present when the man was taken into custody.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-21" type="witnessName">
<interp inst="t18760501-name-21" type="gender" value="male"/>
<interp inst="t18760501-name-21" type="surname" value="HOLTON"/>
<interp inst="t18760501-name-21" type="given" value="PHILLIP"/>PHILLIP HOLTON</persName> </hi>. I am a porter in the service of Mr. Pilley, jun.—I had instructions from Mr. Pilley to go to a house in Stoke Newington—I saw the prisoner there—some conversation took place between them—he told him to see about those two boxes to Mr. Warren—the prisoner said "All right"—Mr. Pilley went away, and when he was back he said "Mr. Young, you took those boxes to Mr. Warren"—I helped to load the things—Mr. Pilley was not there at the time the cart was loaded—this was just before Lord Mayor's Day—I was present during the time Mr. Pilley was there on that night, and I heard nothing said by Mr. Pilley about making these boxes a present to the defendant, nor a gift, nor that he might do what he liked with them; nor that what he had done was worth 5
<hi rend="italic">l</hi>., nor anything to that effect—I came away in the cart with the prisoner—when we drove away Mr. Pilley was not there—I recollect turning into Chiswell Street, and I asked the prisoner what he was taking them that way for, and he said "Blow taking them to Mr. Warren's that night"—I went with the prisoner to his house, and he took the two boxes into his house—I took the pony and cart to the stables—I recollect some time after that being in the shop—I heard Mr. Pilley ask him if he had taken the brass bands to Mr. Warren's, and he said he had.</p>
<xptr type="pageFacsimile" doc="187605010012"/>
<p>
<hi rend="italic">Cross-examined.</hi> I was standing a dozen yards away from the cart when the things were being taken into it—I heard Mr. Pilley say that they were to be taken straight to Mr. Warren's—I went with Young—I was told to go—I was given no instructions about the things being taken to Mr. Warren's; that I swear—I heard Mr. Pilley direct him to take them to Warren's, and as a matter of fact they were taken to Young's premises in Bridgewater Square—I did not know that Mr. Pilley was very much annoyed about Warren's applying to him about the boxes—I knew that Mr. Pilley was charged upon the evidence of Young at the police-court with stealing these brass bands—I said nothing then about these things—before Young was at the police-court I did say something to Mr. Pilley—I recollect Dr. Nicholls coming to Mr. Pilley's office and also Mr. Walker on the same day; and Mr. Pilley and his son were at home at the time.</p>
<p>
<hi rend="italic">Re-examined</hi>. This was about a week after we had removed the things, and prior to the time when Mr. Pilley was given into custody.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-22" type="witnessName">
<interp inst="t18760501-name-22" type="gender" value="male"/>
<interp inst="t18760501-name-22" type="surname" value="MCFREE"/>
<interp inst="t18760501-name-22" type="given" value="WILLIAM"/>WILLIAM MCFREE</persName> </hi>. I am a labourer—I remember sometime after the goods were removed from Buttesland Street, Mr. Warren speaking to me; in consequence I made a communication to Mr. Pilley—I went down in con
<lb/>sequence to see Young—the first time I saw him was in his own house—I told him Mr. Warren had been after the brass bands and he said "All right"—I left him at that—sometime after that I received another com
<lb/>muuication from Mr. Warren which I communicated to Mr. Pilley, who again sent me to Young—I saw Young this time in Redcross Street, and 1 told him Mr. Warren had been after these brass bands, he said "That's all right."</p>
<p>
<hi rend="italic">Cross-examined.</hi> I recollect the conversation on the 1st February with Young—he said "That's all right" and no more passed—I was not present at the loading of the van—I did not see Mr. Pilley present at the un
<lb/>loading of the van—I did not see him until it was half-unloaded—I did see him, he was coming with a candle in his hand—I saw his son; he was there but went away again, he was looking for the keys—I recollect young Pilley assisting to remove some of the things during the latter part of the unloading.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-23" type="witnessName">
<interp inst="t18760501-name-23" type="gender" value="male"/>
<interp inst="t18760501-name-23" type="surname" value="PEARCE"/>
<interp inst="t18760501-name-23" type="given" value="ROBERT"/>ROBERT PEARCE</persName> </hi>. I am a solicitor—I asked Messrs. Wontner and Sous to institute the criminal proceedings against Mr. Pilley—that was in con
<lb/>sequence of what Mr. Young said to me.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I would not believe Mr. Pilley upon his oath—I am a member of the firm of Bayliss and Pearse—I am the junior partner.</p>
<p>
<hi rend="italic">Re-examined</hi>. Mr. Pilley was a client of our firm—I managed his business and saw him frequently in the matter—he has filed a bill against my firm and several actions against me, one action for negligence which he has not gone on with, and one for not paying money into Court.</p>
<p>
<hi rend="italic">The following Witnesses were called for the Defence:</hi></p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-24" type="witnessName">
<interp inst="t18760501-name-24" type="gender" value="male"/>
<interp inst="t18760501-name-24" type="surname" value="WESTOBY"/>
<interp inst="t18760501-name-24" type="given" value="ALFRED"/>ALFRED WESTOBY</persName> </hi>. I am a collar dresser, 21, Buttesland Street, City Road—I took those premises in September—in October I went with my olicitor to Mr. Pilley's premises, I can't say the date, to arrange terms—a Receipt was given to me, and a conversation took place about it—at the end of September I noticed two boxes on the premises, they contained brass bands; I know that because they were partially open, a piece of the ide was broken—Mr. Pilley asked me who they belonged to, that was two or three days before they were moved—he could see as well as I could</p>
<xptr type="pageFacsimile" doc="187605010013"/>
<p>that they were brass bands—I told him they belonged to Mr. Warren, the auctioneer.</p>
<p>
<hi rend="italic">Cross-examined.</hi> This is the first time I have given evidence in this matter—I was first spoken about it when Mr. Young called on me previous to the last Sessions; I was subopened at the last Sessions—I know Young—he asked me several questions about the boxes; I said they were on the premises—I don't think he asked me whether Mr. Pilley had seen them; I don't remember—I told him he had seen them—I moved in at the end of November, but I had possession early in September—I knew that Mr. Warren had been selling some goods on the premises, I was at the sale—I knew that some goods were left by Mr. Warren and that these things belonged to him—I swear that I told Mr. Pilley that they belonged to Mr. Warren—I was not present when the fixtures and things were re
<lb/>moved.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-25" type="witnessName">
<interp inst="t18760501-name-25" type="gender" value="male"/>
<interp inst="t18760501-name-25" type="surname" value="TOLLIDAY"/>
<interp inst="t18760501-name-25" type="given" value="WILLIAM ALFRED"/>WILLIAM ALFRED TOLLIDAY</persName> </hi>. I am a painter, 15, Swinton Street—on 13th September last I was employed by Mr. Westo by painting the pre
<lb/>mises, 21, Buttesland Street—Young came there that afternoon between 3 and 4 o'clock with two other men and a van—Mr. Pilley came there about 5 o'clock—he gave orders to Young to take away a bench and a grindstone—he went into the house, all over the premises—he said to Young "What is this man doing here?" that was me—Young said "He is doing work for Mr. Westoby," and I said to him "Do you want to see Mr. Westoby particularly; "He remainded there between twenty minutes and half an hour—I can't say that he gave orders to the men—all the things were removed; he saw them all removed—he gave orders—he saw every
<lb/>thing taken away.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I believe there was a van load of things—I should think Young was there two hours or two and a half—I was at work at the top of the house, but I was at work on the ground floor when they left—I saw Mr. Pilley go up stairs and come down again; he left three minutes" before the van left—Young was there last—I did not see the key given to anybody.</p>
<p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. None of Mr. Westoby's men were there, only the engineer; he was only there a few minutes—the van went away to the East Road between five and ten minutes, and came back again along with Mr. Pilley; they had not cleared everything then, there was a small fench and a grindstone, which Mr. Pilley told Young to put in; the van hen went away, and I locked up and took the key—nothing was re
<lb/>moved after the bench and the grindstone.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-26" type="witnessName">
<interp inst="t18760501-name-26" type="gender" value="male"/>
<interp inst="t18760501-name-26" type="surname" value="MCMILLAN"/>
<interp inst="t18760501-name-26" type="given" value="JAMES WILMOT"/>JAMES WILMOT MCMILLAN</persName> </hi>. I am a tin and iron plate worker, at 50, Udersgate Street—on 17th November I had two boxes of brass bands from Young; I bought them at 6 1/2
<hi rend="italic">d</hi>. a pound—I removed them that day; I went two of my men to fetch them—a communication was afterwards made to me, in consequence of which I went to Redcross Street and saw the men and two policemen with them and the boxes on the pavement—Mr. Pilley came up and said "Halloo! McMillan"—I said "Halloo! are you going to pick me up"—he said "No; bring those goods over to my shop, they are ine"—I said "They are not yours, they are mine; I bought them of Mr. oung and paid 10
<hi rend="italic">s</hi>. deposit"—he said "What are you going to do with em"—I said "If you are going to give me in charge I will take them to the station-house, or take them to my own place"—he said "Then, take them home to your own place," and I thanked him.</p>
<xptr type="pageFacsimile" doc="187605010014"/>
<p>
<hi rend="italic">Cross-examined.</hi> He did not say "Iclaim these goods for protection"—I believe the police had stopped my men at the instance of Mr. Pilley, but I did not see Mr. Pilley there then—I did not see Young till next day—I gave 2
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. for the brass bands; 6 1/2
<hi rend="italic">d</hi>. a lb., 831bs., and I sold them for 7 1/2
<hi rend="italic">d</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-27" type="witnessName">
<interp inst="t18760501-name-27" type="gender" value="male"/>
<interp inst="t18760501-name-27" type="surname" value="WARREN"/>
<interp inst="t18760501-name-27" type="given" value="HENRY THOMAS"/>HENRY THOMAS WARREN</persName> </hi>. I am an auctioneer, 60, Queen Victoria Street—I had some boxes of brass bands at 21, Buttesland Street—I called on Mr. Pilley in reference to the loss of them—I can't tell the date, I think it was within a fortnight after the sale; I saw him, and told him I had missed some brass bands from the premises, that I had heard that he had removed some goods from the premises with his goods, and I asked him if he could give me any information concerning them—he said he had not removed them and that if I saw Young perhaps he could tell me where the goods had been removed—I afterwards wrote to Mr. Pilley—I have not got copies of the letters; I furnished copies to my solicitor—I think I wrote four or five letters, at the least—I should not like to give you the date of the first letter unless I had my book—I think it was very shortly after I had called on him, within a day or two—the sale was on the 10th August, and I called on him about a fortnight afterwards and I wrote a few days after that—I corresponded with him during August, September, and (I am not sure) October—I should not like to say there was a letter in November, there was in December; my last letter was in December—I saw Mr. Pilley several times about the bands—he never told me that he knew Young had got them—I asked him to give me any information he could.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I have seen both the Mr. Pilleys; I saw the elder Mr. Pilley three or four times, three at least—I can hardly tell you the second time I saw him; I could not give the date—it was between August and November—the first time was in September—I should not like to say saw him in November, unless I had my diary.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-28" type="witnessName">
<interp inst="t18760501-name-28" type="gender" value="male"/>
<interp inst="t18760501-name-28" type="surname" value="PHELPS"/>
<interp inst="t18760501-name-28" type="given" value="WILLIAM"/>WILLIAM PHELPS</persName> </hi> (
<hi rend="italic">City Policeman</hi> 144). I recollect stopping the men in ewin Street on the 17th November—Mr. Pilley left us for a few minutes and he came back and said something to me—I asked him if he was going to charge the men with unlawful possession, and he said "No, it is all right."</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-29" type="witnessName">
<interp inst="t18760501-name-29" type="gender" value="male"/>
<interp inst="t18760501-name-29" type="surname" value="SENIOR"/>
<interp inst="t18760501-name-29" type="given" value="WILLIAM PILLEY,"/>WILLIAM PILLEY, SENIOR</persName> </hi> (
<hi rend="italic">re-called</hi>). It is quite right what the policeman as said—I went back to him and said "All right"—McMillan told me hey should be taken to his premises for protection that night—Mr. Warren and Mr. Westoby had had some transaction—the only conversation I had with Mr. Westoby on one occasion was "I have allowed Warren to leave his goods."</p>
<p>
<hi rend="italic">Cross-examined.</hi> Westoby had had a transaction with Warren apart from his matter—Westoby had bought an engine I believe of Warren.</p>
<p>
<hi rend="smallCaps">
<rs id="t18760501-337-verdict-1" type="verdictDescription">
<interp inst="t18760501-337-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760501-337-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18760501-337-punishment-1" type="punishmentDescription">
<interp inst="t18760501-337-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t18760501-337-punishment-1" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-337-18760501 t18760501-337-punishment-1"/>Five Years' Penal Servitude</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18760501-338">
<interp inst="t18760501-338" type="uri" value="sessionsPapers/18760501"/>
<interp inst="t18760501-338" type="date" value="18760501"/>
<join result="criminalCharge" id="t18760501-338-charge-1" targOrder="Y" targets="def1-338-18760501 t18760501-338-offence-1 t18760501-338-verdict-1"/>
<p>338.
<persName id="def1-338-18760501" type="defendantName">
<interp inst="def1-338-18760501" type="gender" value="male"/>
<interp inst="def1-338-18760501" type="surname" value="CROOME"/>
<interp inst="def1-338-18760501" type="given" value="JOHN THOMAS"/>
<hi rend="largeCaps">JOHN THOMAS CROOME</hi> </persName>
<rs id="t18760501-338-offence-1" type="offenceDescription">
<interp inst="t18760501-338-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760501-338-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>,
<hi rend="smallCaps">
<rs id="t18760501-338-verdict-1" type="verdictDescription">
<interp inst="t18760501-338-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760501-338-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to stealing the lms of 1
<hi rend="italic">l</hi>., 3
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>., and 1
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>., of
<persName id="t18760501-name-31" type="victimName">
<interp inst="t18760501-name-31" type="gender" value="male"/>
<interp inst="t18760501-name-31" type="surname" value="BATCHELOR"/>
<interp inst="t18760501-name-31" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18760501-338-offence-1 t18760501-name-31"/>John Batchelor</persName>, his master, having been before convicted of felony—</rs>
<hi rend="italic">
<rs id="t18760501-338-punishment-2" type="punishmentDescription">
<interp inst="t18760501-338-punishment-2" type="punishmentCategory" value="imprison"/>
<interp inst="t18760501-338-punishment-2" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-338-18760501 t18760501-338-punishment-2"/>Eighteen Months' Imprisonment</rs> </hi>. And</p> </div1>
<div1 type="trialAccount" id="t18760501-339">
<interp inst="t18760501-339" type="uri" value="sessionsPapers/18760501"/>
<interp inst="t18760501-339" type="date" value="18760501"/>
<join result="criminalCharge" id="t18760501-339-charge-1" targOrder="Y" targets="def1-339-18760501 t18760501-339-offence-1 t18760501-339-verdict-1"/>
<p>339.
<persName id="def1-339-18760501" type="defendantName">
<interp inst="def1-339-18760501" type="gender" value="male"/>
<interp inst="def1-339-18760501" type="surname" value="FULLER"/>
<interp inst="def1-339-18760501" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES FULLER</hi> </persName>
<rs id="t18760501-339-offence-1" type="offenceDescription">
<interp inst="t18760501-339-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18760501-339-offence-1" type="offenceSubcategory" value="forgery"/>, to three indictments for forging and uttering ders for 84
<hi rend="italic">l</hi>., 70
<hi rend="italic">l</hi>., and 50
<hi rend="italic">l</hi>., with intent to defraud. </rs>
<hi rend="italic">He received a good ch aracter—
<rs id="t18760501-339-punishment-3" type="punishmentDescription">
<interp inst="t18760501-339-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18760501-339-punishment-3" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-339-18760501 t18760501-339-punishment-3"/>Seven Years' Penal Servitude</rs> </hi>.
<rs id="t18760501-339-verdict-1" type="verdictDescription">
<interp inst="t18760501-339-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760501-339-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, May</hi> 1
<hi rend="italic">st</hi>, 1876.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant</hi>.</p>
<div1 type="trialAccount" id="t18760501-340">
<interp inst="t18760501-340" type="uri" value="sessionsPapers/18760501"/>
<interp inst="t18760501-340" type="date" value="18760501"/>
<join result="criminalCharge" id="t18760501-340-charge-1" targOrder="Y" targets="def1-340-18760501 t18760501-340-offence-1 t18760501-340-verdict-1"/>
<p>340.
<persName id="def1-340-18760501" type="defendantName">
<interp inst="def1-340-18760501" type="gender" value="male"/>
<interp inst="def1-340-18760501" type="age" value="52"/>
<interp inst="def1-340-18760501" type="surname" value="ROBERTS"/>
<interp inst="def1-340-18760501" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN ROBERTS</hi> (52)</persName>
<rs id="t18760501-340-offence-1" type="offenceDescription">
<interp inst="t18760501-340-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18760501-340-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<xptr type="pageFacsimile" doc="187605010015"/>
<p>
<hi rend="smallCaps">MESSRS. CRAUFURD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">LLOYD</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. MONTAGU WILLIAMS</hi>
<hi rend="italic">the Defence</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-34" type="witnessName">
<interp inst="t18760501-name-34" type="gender" value="male"/>
<interp inst="t18760501-name-34" type="surname" value="MAY"/>
<interp inst="t18760501-name-34" type="given" value="EDWARD"/>EDWARD MAY</persName> </hi>. I am barman at the King's Arms, Park Street, Islington—on 15th April about 3 p.m. I served the prisoner with 2
<hi rend="italic">d</hi>. worth of rum; he tendered a florin which I tested and bent into the shape of the bowl of a spoon; it was soft—he said that if I gave it back to him he would take it to his employer—I bent it straight again with my finger and thumb, but not so straight as it was before, and gave it back to him—he gave me 2
<hi rend="italic">d</hi>. and left—I took off my apron, put on my hat and coat, and followed him for a quarter of a mile—he stopped opposite the Duchess of Kent; I passed him about 20 yards and saw him go in—I followed him in and heard him ask for 2
<hi rend="italic">d</hi>. worth of rum—I called for a glass of bitter ale—the prisoner put down the same florin—I spoke to the barmaid, but the prisoner did not hear that—she put the coin on the counter and said "This is bad"—he was going to take it, but I caught it from under his hand—he said "I have two penny pieces, that is all I have"—he also said he had taken the florin and wanted to get rid of it—I told him I would not let him go till they called a policeman, which was done, and I gave the prisoner in charge—he told the policeman that he had taken the bad florin and could not afford to lose it.</p>
<p>
<hi rend="italic">Cross-examined.</hi> He did not seem to have been drinking or I should not have served him.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-35" type="witnessName">
<interp inst="t18760501-name-35" type="gender" value="female"/>
<interp inst="t18760501-name-35" type="surname" value="GILL"/>
<interp inst="t18760501-name-35" type="given" value="LILLY"/>LILLY GILL</persName> </hi>. My father keeps the Duchess of Kent public-house—on 15th April I served the prisoner with 2
<hi rend="italic">d</hi>. worth of rum; he gave me a florin—I told him it was bad and gave it back to him.</p>
<p>
<hi rend="italic">Cross-examined.</hi> He appeared sober or I should not have served him.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-36" type="witnessName">
<interp inst="t18760501-name-36" type="gender" value="male"/>
<interp inst="t18760501-name-36" type="surname" value="REGAN"/>
<interp inst="t18760501-name-36" type="given" value="JOHN"/>JOHN REGAN</persName> </hi> (
<hi rend="italic">Policeman V</hi> 40l). I was called into the Duchess of Kent and the prisoner was given into my charge—he told me that he received he coin from his employer for last week's wages and he could not afford to ose it—I asked him where he was employed, but he refused to give me his ddress—I searched him at the station and found these three other bad hillings wrapped in tissue paper in three separate pockets; these three good shillings, 3 1/2
<hi rend="italic">d</hi>. in bronze, and this purse—he appeared sober.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-37" type="witnessName">
<interp inst="t18760501-name-37" type="gender" value="male"/>
<interp inst="t18760501-name-37" type="surname" value="WEBSTER"/>
<interp inst="t18760501-name-37" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>: This florin and these three shillings are bad; two of the shillings are from the same mould.</p>
<p>
<hi rend="italic">The Prisoner's Statement before the Magistrate.</hi> "On Thursday morning, on the act of going to work, I picked up a packet; there was a florin and three separate shillings wrapped up in blue paper. I kept them in my pocket till Saturday afternoon, so that was the time I wanted to pass the 2
<hi rend="italic">s</hi>. piece. I was never in a prison before in my life."</p>
<p>
<hi rend="smallCaps">
<rs id="t18760501-340-verdict-1" type="verdictDescription">
<interp inst="t18760501-340-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760501-340-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18760501-340-punishment-4" type="punishmentDescription">
<interp inst="t18760501-340-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18760501-340-punishment-4" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-340-18760501 t18760501-340-punishment-4"/>Six Months' Imprisonment</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18760501-341">
<interp inst="t18760501-341" type="uri" value="sessionsPapers/18760501"/>
<interp inst="t18760501-341" type="date" value="18760501"/>
<join result="criminalCharge" id="t18760501-341-charge-1" targOrder="Y" targets="def1-341-18760501 t18760501-341-offence-1 t18760501-341-verdict-1"/>
<p>341.
<persName id="def1-341-18760501" type="defendantName">
<interp inst="def1-341-18760501" type="gender" value="male"/>
<interp inst="def1-341-18760501" type="age" value="21"/>
<interp inst="def1-341-18760501" type="surname" value="GRIFFIN"/>
<interp inst="def1-341-18760501" type="given" value="JOHN"/>
<interp inst="def1-341-18760501" type="occupation" value="post office worker"/>
<hi rend="largeCaps">JOHN GRIFFIN</hi> (21)</persName>
<rs id="t18760501-341-offence-1" type="offenceDescription">
<interp inst="t18760501-341-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760501-341-offence-1" type="offenceSubcategory" value="embezzlement"/>
<hi rend="smallCaps">
<rs id="t18760501-341-verdict-1" type="verdictDescription">
<interp inst="t18760501-341-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760501-341-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to embezzling, whilst em
<lb/>ployed in the Post-office, 8
<hi rend="italic">l</hi>., 10
<hi rend="italic">l</hi>., and 9
<hi rend="italic">l</hi>., the monies of the
<persName id="t18760501-name-39" type="victimName">
<interp inst="t18760501-name-39" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18760501-341-offence-1 t18760501-name-39"/>Postmaster
<lb/>General</persName>. </rs>
<hi rend="italic">He received a good character—
<rs id="t18760501-341-punishment-5" type="punishmentDescription">
<interp inst="t18760501-341-punishment-5" type="punishmentCategory" value="imprison"/>
<interp inst="t18760501-341-punishment-5" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-341-18760501 t18760501-341-punishment-5"/>Five Years' Penal Servitude</rs> </hi>. And</p> </div1>
<div1 type="trialAccount" id="t18760501-342">
<interp inst="t18760501-342" type="uri" value="sessionsPapers/18760501"/>
<interp inst="t18760501-342" type="date" value="18760501"/>
<join result="criminalCharge" id="t18760501-342-charge-1" targOrder="Y" targets="def1-342-18760501 t18760501-342-offence-1 t18760501-342-verdict-1"/>
<p>342.
<persName id="def1-342-18760501" type="defendantName">
<interp inst="def1-342-18760501" type="gender" value="male"/>
<interp inst="def1-342-18760501" type="age" value="18"/>
<interp inst="def1-342-18760501" type="surname" value="SCOTT"/>
<interp inst="def1-342-18760501" type="given" value="JAMES"/>
<hi rend="largeCaps">JAMES SCOTT</hi> (18)</persName>
<rs id="t18760501-342-offence-1" type="offenceDescription">
<interp inst="t18760501-342-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18760501-342-offence-1" type="offenceSubcategory" value="forgery"/>, to four indictments for feloniously forging and stering four orders for 12
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. each, with intent to defraud. </rs>
<rs id="t18760501-342-verdict-1" type="verdictDescription">
<interp inst="t18760501-342-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760501-342-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]
<hi rend="italic">Recommended mercy by the Prosecutor</hi> </rs>
<rs id="t18760501-342-punishment-6" type="punishmentDescription">
<interp inst="t18760501-342-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18760501-342-punishment-6" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-342-18760501 t18760501-342-punishment-6"/>
<hi rend="italic">Four Months' Imprisonment</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18760501-343">
<interp inst="t18760501-343" type="uri" value="sessionsPapers/18760501"/>
<interp inst="t18760501-343" type="date" value="18760501"/>
<join result="criminalCharge" id="t18760501-343-charge-1" targOrder="Y" targets="def1-343-18760501 t18760501-343-offence-1 t18760501-343-verdict-1"/>
<p>343.
<persName id="def1-343-18760501" type="defendantName">
<interp inst="def1-343-18760501" type="gender" value="male"/>
<interp inst="def1-343-18760501" type="age" value="25"/>
<interp inst="def1-343-18760501" type="surname" value="SMITH"/>
<interp inst="def1-343-18760501" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN SMITH</hi> (25)</persName>
<rs id="t18760501-343-offence-1" type="offenceDescription">
<interp inst="t18760501-343-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18760501-343-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. CRAUFURD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">LLOYD</hi>
<hi rend="italic">conducted the Prosecution</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-42" type="witnessName">
<interp inst="t18760501-name-42" type="gender" value="female"/>
<interp inst="t18760501-name-42" type="surname" value="RIVETT"/>
<interp inst="t18760501-name-42" type="given" value="ROSALINE"/>ROSALINE RIVETT</persName> </hi>. My husband keeps the Bull's Head, Crown Street,</p>
<xptr type="pageFacsimile" doc="187605010016"/>
<p>Soho—on the 6th of April, between 10 and 11 p.m., I served the prisoner with a pot of half-and-half; he gave me a florin—I gave him 6
<hi rend="italic">d</hi>. and 2
<hi rend="italic">d</hi>.—he said "This is pretty change for a 2
<hi rend="italic">s</hi>. piece," and I went and got another shilling for him, and put the florin in a tumbler on the shelf, where we keep half-crowns and florins—I put it on a half-crown; I had not examined it—he drank the liquor with his two companions—they remained about ten minutes—the prisoner remained in the private compartment, and one of the others went round to another compartment, asked for some stout, and gave me a florin—I put it on top of the other, and gave him change—I went and spoke to my husband, and in consequence of what he said I fetched the glass—the prisoner and his companions could see me take it, and when I turned round they were gone—the two florins were still on top of the half-crown in the glass—my husband took them out, jumped over the bar, and went after the men, but I did not see them again—the prisoner said at the station that he had given me a sixpence, and next morning he denied giving me anything—no other money had been put into the glass before my husband took them out.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-43" type="witnessName">
<interp inst="t18760501-name-43" type="gender" value="female"/>
<interp inst="t18760501-name-43" type="surname" value="DAVEY"/>
<interp inst="t18760501-name-43" type="given" value="FANNY"/>FANNY DAVEY</persName> </hi>. I was living at Mr. Rivett's—I have heard the evidence, it is correct—I went to the Coach and Horses with Mr. Rivett immediately afterwards, and saw the prisoner there—one of the men said "Holloa, what's up?"—the prisoner was given in charge; I am sure he is the same person.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-44" type="witnessName">
<interp inst="t18760501-name-44" type="gender" value="male"/>
<interp inst="t18760501-name-44" type="surname" value="RIVETT"/>
<interp inst="t18760501-name-44" type="given" value="WILLIAM"/>WILLIAM RIVETT</persName> </hi>. I went after the men to the Coach and Horses, which is about three doors off—I had seen them in my house—I went back and fetched the last witness, who recognised the prisoner as he was leaving the house—I took him, but the others escaped—I gave the two florins to the sergeant.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-45" type="witnessName">
<interp inst="t18760501-name-45" type="gender" value="male"/>
<interp inst="t18760501-name-45" type="surname" value="SPRATLING"/>
<interp inst="t18760501-name-45" type="given" value="JOHN"/>JOHN SPRATLING</persName> </hi> (
<hi rend="italic">Policeman C</hi> 21). The prisoner was given into my custody outside the Coach and Horses—I received these two florins (
<hi rend="italic">pro
<lb/>duced</hi>) from Mr. Rivett—I found on the prisoner a half-crown and 6 1/2
<hi rend="italic">d</hi>. in bronze—he said "Ipaid for the pot of half and-half, and afterwards bought a 2
<hi rend="italic">d</hi>. cigar."</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-46" type="witnessName">
<interp inst="t18760501-name-46" type="gender" value="female"/>
<interp inst="t18760501-name-46" type="surname" value="WINSBORROW"/>
<interp inst="t18760501-name-46" type="given" value="ADELAIDE"/>ADELAIDE WINSBORROW</persName> </hi>. I am the daughter of John Winsborrow, who keeps the Two Chairmen public-house—on the 18th March, about 11.30, the prisoner came in with Frederick Watts and another man; he asked me for a pot of
<hi rend="italic">id</hi>. half-and-half, and gave me a shilling—I gave him the change—he then ordered 3
<hi rend="italic">d</hi>. worth of whiskey, and gave me another shil
<lb/>ling—I gave him the change—they both drank together—Watts ordered five times altogether in five minutes, and gave a shilling each time—I noticed that the fifth shilling was bad; the other four were still in my hand, and I found them all bad—I gave them to my father, and Watts was given in custody—the prisoner then tried to rescue him.</p>
<p>
<hi rend="italic">Cross-examined by the Prisoner</hi>. You did not come in by yourself—Watts has not been in the house since, that I know of.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-47" type="witnessName">
<interp inst="t18760501-name-47" type="gender" value="male"/>
<interp inst="t18760501-name-47" type="surname" value="WINSBORROW"/>
<interp inst="t18760501-name-47" type="given" value="JOHN"/>JOHN WINSBORROW</persName> </hi>. I am the father of the last witness—on the 18th of March she gave me five bad shillings—I told Watts in the prisoner's pre
<lb/>sence that he had tendered bad money; he said that I was mistaken—I gave him in charge with the shillings.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-48" type="witnessName">
<interp inst="t18760501-name-48" type="gender" value="male"/>
<interp inst="t18760501-name-48" type="surname" value="MCGRATH"/>
<interp inst="t18760501-name-48" type="given" value="JOHN"/>JOHN MCGRATH</persName> </hi>. I am potman at the Two Chairmen—on the 18th of August I saw the prisoner there with Watts and another man, and saw Watts taken.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-49" type="witnessName">
<interp inst="t18760501-name-49" type="gender" value="male"/>
<interp inst="t18760501-name-49" type="surname" value="WESTWOOD"/>
<interp inst="t18760501-name-49" type="given" value="JOHN"/>JOHN WESTWOOD</persName> </hi> (
<hi rend="italic">Policeman C</hi> 38). Watts was given into my custody—</p>
<xptr type="pageFacsimile" doc="187605010017"/>
<p>the prisoner was there, and said "You shall not search him"—he tried to prevent my hand going into Watts' pocket, and he shut the door on my arm as I was leaving the house, and—Watts was outside and I inside—I would have taken the prisoner if I could—Watts was convicted at the last Session and sentenced to twelve months' imprisonment. (
<hi rend="italic">See Vol.</hi> 83,
<hi rend="italic">p</hi>. 465.) I received these five coins from Mr. Winsborrow.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-50" type="witnessName">
<interp inst="t18760501-name-50" type="gender" value="male"/>
<interp inst="t18760501-name-50" type="surname" value="WEBSTER"/>
<interp inst="t18760501-name-50" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These five shillings and two florins are bad.</p>
<p>
<hi rend="smallCaps">
<rs id="t18760501-343-verdict-1" type="verdictDescription">
<interp inst="t18760501-343-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760501-343-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18760501-343-punishment-7" type="punishmentDescription">
<interp inst="t18760501-343-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18760501-343-punishment-7" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-343-18760501 t18760501-343-punishment-7"/>Eighteen Months' Imprisonment</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18760501-344">
<interp inst="t18760501-344" type="uri" value="sessionsPapers/18760501"/>
<interp inst="t18760501-344" type="date" value="18760501"/>
<join result="criminalCharge" id="t18760501-344-charge-1" targOrder="Y" targets="def1-344-18760501 t18760501-344-offence-1 t18760501-344-verdict-1"/>
<p>344.
<persName id="def1-344-18760501" type="defendantName">
<interp inst="def1-344-18760501" type="gender" value="male"/>
<interp inst="def1-344-18760501" type="age" value="17"/>
<interp inst="def1-344-18760501" type="surname" value="ROOK"/>
<interp inst="def1-344-18760501" type="given" value="FRANCIS"/>
<hi rend="largeCaps">FRANCIS ROOK</hi> (17)</persName>, was indicted
<rs id="t18760501-344-offence-1" type="offenceDescription">
<interp inst="t18760501-344-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18760501-344-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<p>
<hi rend="smallCaps">MR. LLOYD</hi>
<hi rend="italic">conducted the Prosecution</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-52" type="witnessName">
<interp inst="t18760501-name-52" type="gender" value="female"/>
<interp inst="t18760501-name-52" type="surname" value="VANSTON"/>
<interp inst="t18760501-name-52" type="given" value="HARRIETT"/>HARRIETT VANSTON</persName> </hi>. I assist my father, a cement manufacturer, of 73, High Holborn—on 12th April about 8.30 I sold the prisoner a threepenny bottle of cement; he gave me a half-crown; Mr. Arden, who was in the shop, took hold of him and told me to bend it; I did so and gave it to Mr. Arden, and the prisoner was given in custody—he had been there the day before at 6 o'clock for a bottle of cement and given me a half-crown; I gave him the change, showed it to one of the lodgers and kept it separate—I saw "A" marked on it—I gave it to my "father about half an hour afterwards—the prisoner had also been there on 3rd April for a bottle of cement, when he gave me a half-crown, which I gave to my mother—I put it into the till first, but there was no other half-crown there—my mother showed me a bad half-crown nest day.</p>
<p>
<hi rend="italic">Cross-examined by the Prisoner</hi>. I knew that the first half-crown was bad when I took the second, but I took it because I was afraid of you.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-53" type="witnessName">
<interp inst="t18760501-name-53" type="gender" value="female"/>
<interp inst="t18760501-name-53" type="surname" value="VANSTON"/>
<interp inst="t18760501-name-53" type="given" value="MARGARET"/>MARGARET VANSTON</persName> </hi>. I am—the mother of the last witness—it is her habit to bring home to me at night the money she received in the shop—on 3rd April she brought home a bad half-crown with her takings—I gave it to my husband—he is not here, he has gone to Philadelphia.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-54" type="witnessName">
<interp inst="t18760501-name-54" type="gender" value="male"/>
<interp inst="t18760501-name-54" type="surname" value="ARDEN"/>
<interp inst="t18760501-name-54" type="given" value="THOMAS"/>THOMAS ARDEN</persName> </hi>. I am a pensioner from the police—on 6th April four florin and two half-crowns were shown to me at 73, High Holborn, they were all bad—I was present on the 12th when the prisoner came in and was secreted behind a partition in the shop—I shut the door and shut the prisoner in—I said to the girl "Test the half-crown"—she handed it to me and I said "It is bad"—the prisoner said "Let me go this time, I will not come any more; a gentleman gave it to me to push a truck"—I asked him where he lived, but he could not tell me—I received a half-crown on the 5th from Mr. Vanston and sealed it up with a florin and another half-crown, and they were not opened till the prisoner was in custody—his Tuesday's and Wednesday's half-crowns were not included—the constable has the one received on the 12th, it is marked "A"—I gave it to him; Harriett Vanston gave it to me.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-55" type="witnessName">
<interp inst="t18760501-name-55" type="gender" value="male"/>
<interp inst="t18760501-name-55" type="surname" value="HARRAD"/>
<interp inst="t18760501-name-55" type="given" value="CHARLES"/>CHARLES HARRAD</persName> </hi> (
<hi rend="italic">Policeman E</hi> 337). On 12th April the prisoner was given into my custody—Harriett Vanston said he had been there before—he said nothing—I found nothing on him—I received these two half-crowns from Arden—one of these is marked "A"—this other half-crown of the 12th I took possession of myself and marked it—I saw a packet of money in newspaper given up.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-56" type="witnessName">
<interp inst="t18760501-name-56" type="gender" value="male"/>
<interp inst="t18760501-name-56" type="surname" value="WEBSTER"/>
<interp inst="t18760501-name-56" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These three half-crowns are bad and from same mould.</p>
<p>
<hi rend="italic">Prisoner's Defence</hi>. I was never in the shop before the Wednesday, and then I had the one half-crown, which I got from a gentleman for pushing a truck.</p>
<p>
<hi rend="smallCaps">
<rs id="t18760501-344-verdict-1" type="verdictDescription">
<interp inst="t18760501-344-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760501-344-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18760501-344-punishment-8" type="punishmentDescription">
<interp inst="t18760501-344-punishment-8" type="punishmentCategory" value="imprison"/>
<interp inst="t18760501-344-punishment-8" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-344-18760501 t18760501-344-punishment-8"/>Twelve Months' Imprisonment</rs> </hi>.</p> </div1>
<xptr type="pageFacsimile" doc="187605010018"/>
<p>
<hi rend="largeCaps">OLD COURT</hi>
<hi rend="italic">Tuesday, May</hi> 2
<hi rend="italic">nd</hi>, 1876.</p>
<p>
<hi rend="italic">Before Mr. Recorder</hi>,</p>
<div1 type="trialAccount" id="t18760501-345">
<interp inst="t18760501-345" type="uri" value="sessionsPapers/18760501"/>
<interp inst="t18760501-345" type="date" value="18760501"/>
<join result="criminalCharge" id="t18760501-345-charge-1" targOrder="Y" targets="def1-345-18760501 t18760501-345-offence-1 t18760501-345-verdict-1"/>
<p>345.
<persName id="def1-345-18760501" type="defendantName">
<interp inst="def1-345-18760501" type="gender" value="male"/>
<interp inst="def1-345-18760501" type="age" value="45"/>
<interp inst="def1-345-18760501" type="surname" value="JONES"/>
<interp inst="def1-345-18760501" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS JONES</hi> (45)</persName>, was indicted
<rs id="t18760501-345-offence-1" type="offenceDescription">
<interp inst="t18760501-345-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18760501-345-offence-1" type="offenceSubcategory" value="libel"/> for unlawfully publishing a false and defamatory libel of and concerning
<persName id="t18760501-name-58" type="victimName">
<interp inst="t18760501-name-58" type="gender" value="male"/>
<interp inst="t18760501-name-58" type="surname" value="GANN"/>
<interp inst="t18760501-name-58" type="given" value="JOSEPH HORLOCK"/>
<join result="offenceVictim" targOrder="Y" targets="t18760501-345-offence-1 t18760501-name-58"/>Joseph Horlock Gann</persName>. To this the defendant pleaded a justification.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. BESLEY</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">WARNER SLEIGH</hi>
<hi rend="italic">conducted the Prosecution; and</hi> </p>
<p>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>
<hi rend="italic">with</hi>
<hi rend="smallCaps">MR. STRAIGHT</hi>
<hi rend="italic">the Defence</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-59" type="witnessName">
<interp inst="t18760501-name-59" type="gender" value="male"/>
<interp inst="t18760501-name-59" type="surname" value="PARDON"/>
<interp inst="t18760501-name-59" type="given" value="JOHN"/>JOHN PARDON</persName> </hi>. I am a printer in Lovell's Court, Paternoster Row—I print the "Sewing Machine Chronicle" for the defendant—I printed the number of January 15th, 1876—this (
<hi rend="italic">produced</hi>)is the original., it is in the defendant's handwriting—I printed from 400 to 500 copies—I had nothing to do with their distribution—I delivered the whole bulk to Mr. Jones—I also printed the number of 27th March, 1876, containing a report of the proceedings at Guildhall—I can't say who supplied that MS.—I supplied the paper to Mr. Jones; about the same number of copies—I had some conversation with him about the article on 15th January; I really forget what it was—I thought it was a matter that should be pointed out to him; I felt it to be a dangerous thing—I told him we could not print it—he said he would take the responsibility—he simply said the article referred to a person once in his employ, nothing further that I remember—the words" contemptible hound "Stood originally in the MS.; those words were evidently scored out by the writer of the article, for it is in the same coloured ink; that must have been done before the conversation, or else it would have been printed—I can't say who scored out" like master like man;" that was done before the printing, certainly—this (
<hi rend="italic">produced</hi>)is a proof that was submitted to the defendant—these alterations are in his writing. (
<hi rend="italic">The libel was put in and read as follows:</hi> "There is at the present time engaged in the sewing machine trade as traveller, a man, who, having tried his hand at many callings at home and in the Colonies varied with some experience of the civil and criminal tribunals of the country, is now directing his energies to selling sewing machines. It is to be hoped that the sewing machine trade in this country may not become a refuge for the destitute, and that the trade will only care to be called upon as chiefly heretofore by
<hi rend="italic">gentlemen</hi> of character and ability. It certainly is not honoured by including among its members those who, having been several times helped on in life by late employers, at last gain a position by flagrant breaches of honoured trust that a thief would disdain to use, and bend their energies to maligning the character of friends. As the tongue of one of these worthies has been busy for some weeks with the reputation' of his late employer, this public warning is given to him either to learn gratitude and the wisdom of silence, or to establish his virtue and honour by having his antecedents proved in a court of law. He can do no harm to those who served him and his with kindness for thirty years, and he is worthy of the service of firms needing business so much that they engage him instead of men who would scorn to sell knowledge gained in previous employments.") The alterations were made by the defendant before our conversation, before the issue of the publication—I did not call his attention to it after the alterations had been made, I let it go to press—I happened to be away at the time it was issued—it was an application to give the name of the writer that induced me to look at the article, until then my attention had not been called to it.</p>
<xptr type="pageFacsimile" doc="187605010019"/>
<p>
<hi rend="italic">Cross-examined.</hi> All I know is that when my attention was called to it, I had a conversation with him, and he said he would take whatever responsibility attached to it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-60" type="witnessName">
<interp inst="t18760501-name-60" type="gender" value="male"/>
<interp inst="t18760501-name-60" type="surname" value="GANN"/>
<interp inst="t18760501-name-60" type="given" value="JOSEPH HORLOCK"/>JOSEPH HORLOCK GANN</persName> </hi>. I am nearly thirty-six years of age—I have known the defendant from boyhood—my second cousin was at one time his partner, and he was with my uncle previously as servant—Jones and Gann were hosiers and outfitters, in Fenchurch Street, about sis years ago they commenced selling sewing machines in addition—I entered their service in 1874—I was their shop clerk, traveller, and collector, and I called on shippers to sell other goods, besides sewing machines, goods that he used to receive in payment for advertisements and such like—after I was in the service he received consignments of sewing machines from Johnson, Clark, & Co., of Boston, and particularly the sewing machine known as the Dolly Varden—during the latter six months I was there I called on persons in the retail trade buying sewing machines—at that time Johnson, Clark, & Co. had no place of business in London—"The Sewing Machine Chronicle "Was a publication published by the defendant, whilst I was in his service, it was published about three months before I left, it came out once a month, and was circulated amongst the retail sewing machine dealers; I received this letter dated 21st August (Saturday); on the following Monday morning, I found it in the letter-box. (
<hi rend="italic">Bead:</hi> "Dear Sir,—Accept this as a week's notice from me on Saturday next, the 28th, that our business con
<lb/>nection on the present basis will terminate; if you at all see your way to any arrangement on terms that will pay you, and will submit same to me; I will give any such proposal my consideration. If you see any other way let me know how I can serve you and I will gladly do all I can to advance your interests in any direction I can; the only consideration I ask at your hands is that you consider the continuance of our business relations upon the old basis is impossible, but I expect any other proposition to emanate from you; if you have nothing to propose retain my regards and let me know how I can serve you.—Yours truly, Thomas Jones.") I carried the envelope in which that letter came, in my pocket for some time until I think I wore it out; it was destroyed in that way—it was addressed to me as "J. Horlock," up to that time I had been on perfectly friendly terms with Mr. Jones—he had made no complaints whatever in reference to my conduct; I have not had one angry word with him while I was there—I was called Horlock, because as he said the firm of Jones Gann was about being dissolved; it would be awkward, and he proposed that for a short time I should be called Horlock, and I agreed to it—it was understood to be only for two or three months—in consequence of that letter there were negotiations with reference to my remaining in the service of Mr. Jones—I said I was not a weekly servant; I was a monthly servant, and he said "Very well, say a month," and it was during that month that negotiations went on—we had arranged terms satisfactorily, except that I made it part of the arrangement that I should have six months' notice, he would not agree to that, and I said I would not stop, and I left—I left quite on friendly terms, we shook hands, there was nothing between us at all unfriendly, not a word of difference had occurred between us—I left a month from the date of that letter—about the middle of November, the same year; I entered the service of Johnson, Clark, & Co., my salary commenced from 1st November—their place of business in Queen Victoria Street, was opened about the 14th or 15th November—I had nothing whatever to do with the opening of that branch establishment,</p>
<xptr type="pageFacsimile" doc="187605010020"/>
<p>except that it was arranged before hand that when the premises were opened I was to go there, perhaps three weeks or a month before—before I left Mr. Jones' service there were business relations continuing between him and Johnson, Clark, & Co.—I think they had not delivered machines for two months, or so before I left; I don't say they had said they would not supply any more—he had a contract to take so many a month, and not to supply anybody else in the United Kingdom—he told me that in the course of conversation; I don't know that there was any contract, there was an understanding; I did not learn from him that there was any interruption of the good terms between them—during the sis months that I called on the trade in London and that district, I had a list of all the people to call on; I did not make a special list during the last month for the purpose of using it against him; I compiled a list from the Directory at different times, for the purpose if I went into another sewing machine firm, or they would not employ me; not a list of customers, but a list of persons in that particular trade; they are not numerous, under 1,000 in the United Kingdom, I should think—I saw Mr. Jones once, between leaving his service and going to Johnson, Clark, & Co.; that was at his office; we parted them on good terms; he was complaining to me that somebody had been to his bankers, and said he had not paid his rent—he said he would not insinuate that it was me; he should not like to think such a thing—I saw him afterwards, before the libel was published—that was in Mr. Braunsbeck's office, he came in while I was there; I think that was just about the time that Johnson, Clark, & Co.'s place was opened, or a short time before—he said "How do you do?" that was all—there was no complaint or disagreement at that interview—this paper containing the libel was sent to the office of Johnson, Clark, & Co., on the Monday morning, after the Saturday; 16th January—we never bad a copy sent there before—I con
<lb/>sulted my solicitor, I think within the next fortnight—I have been insolvent three times, once about 1862 I think, in Scotland, I was then a wine merchant, the creditors took what estate there was, and there was nothing more done, the next occasion was about ten years ago, that was at Croydon; I was there a hosier and had a shipping business in addition—I think the total debts there was something about 1,000
<hi rend="italic">l</hi>., principally family debts, my own relations—I gave up my property to my creditors—on the third occasion I was in business in Mark Lane, as a shipper of bonded stores, wine, spirits, and tobacco, in bond—that was about three years before the smuggling matter—the greater part of my debts then were the old Croydon debts, that I had never paid a composition upon; I paid 2
<hi rend="italic">s</hi>. in the pound, which was accepted by the majority of my creditors—those were the only occasions—no proceedings were ever instituted against me for any breaches of the bankruptcy law by any of my creditors—the smuggling matter was this, I was supplying ships with bonded stores, we used to ship a great quantity of brandy to America, and now and then we used to have a case landed from the ship and taken to my house for my own use, which the defendant knew, because he used to have a bottle from me occasionally and knew where I got it from; I found it was so simple that instead of letting two cases of cigars go I brought them on shore again, it was found out that they were not shipped and they traced it to me, and one evening they came to my house and arrested me, and I was convicted and fined—the defendant knew all these matters before I entered his service—I was in</p>
<xptr type="pageFacsimile" doc="187605010021"/>
<p>prison between eight and nine months under the conviction—there has never been any imputation on my honesty by the defendant.</p>
<p>
<hi rend="italic">Cross-examined.</hi> The Custom House matter was heard before Mr. Alder
<lb/>man Phillips, who is now on the Bench—I was fined 248
<hi rend="italic">l</hi>. odd; I think the extreme penalty is three times that amount—I was not charged with con
<lb/>cocting a bond in order to get the cigars; that was not gone into—I don't know that it was necessary to do so and that it was done; it was never attempted to be proved—I decline to answer whether it was done—I did not do it; of course I must have been interested in it—it was most de
<lb/>cidedly done with my knowledge. (
<hi rend="italic">The learned counsel read what purported to be a report of the transaction.</hi>)I did not get the bond, it was got in the ordinary way by taking it out at the Custom House; no representation was made, none was required—it might have appeared on the documents that the goods were going abroad—no doubt they were documents concocted by me—I did wrong, and I have been punished for it; I was in gaol nearly nine months—during that time my family was not supported by the de
<lb/>fendant; he may have sent something home now and then to the children—my wife was in the City; she would not take a gift herself, she was-not in want—I sold a portion of the cigars to a person in Westminster named Carter—I did not inform against him to the Customs, they found it out themselves; they compelled me to give evidence; they took me up on
<hi rend="italic">habeas corpus</hi>—I went to Scotland to take the benefit of the Act—I was only twenty-two years old then, and I did foolish things—I no doubt went there to avoid my London creditors; a good deal of it was my own family's matter—I can't say how much I paid, the accountants had so much—I have not, since I left the defendant, abused him and uttered reports prejudicial to his credit to different persons, only in the course of conversation explain
<lb/>ing matters, not for the purpose of injuring him—I have not stated to cus
<lb/>tomers that he would soon be done up; to the best of my belief I have not; I can't recollect saying so; I should not like to injure him by saying so—I have not said so to persons from whom I have solicited orders for my pre
<lb/>sent employers; I don't recollect doing so—I never went to his books to take the names of his customers—I obtained a few addresses from an ad
<lb/>dress-book, no doubt belonging to my employer—I did not obtain from that book the names and addresses of his customers, I obtained the names of persons in the sewing machine trade—it was not taken from a private book, it was a book lying about the counter anywhere, a common address-book that he would refer to for sending out circulars—I took those names and addresses for the purpose if I went-to anybody else in the trade, a list of persons to call on—I did not think there was any harm in that—no house would take me as a traveller unless I got names of persons to call on—I did not take from the address-book the names and addresses of my master's-' customers; probably they might be his customers, because they were sewing machine dealers—you could not refer to a list of persons in the trade with
<lb/>out their being his customers—no doubt I have called upon some of those customers since I have been in my present employment—I could not help doing so, calling on the trade.</p>
<p>
<hi rend="italic">Re-examined</hi>. It was an address-book compiled by former travellers—it is quite usual, every traveller in the trade brings some addresses to the new master; they would be of no use to him without—the address-book was gradually added to when he was carrying on the trade.</p>
<p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">MR. SERJEANT BALLANTINE</hi>. I know a Mr. Ward, a canvasser in Mr.</p>
<xptr type="pageFacsimile" doc="187605010022"/>
<p>Jones' employment—I did not tell him that I had copied the defendant's address-book, and was using it for the benefit of Johnson, Clark & Co.</p>
<p>
<hi rend="italic">By the, Jury</hi>. I could have compiled the addresses without being in the defendant's employ—I could have gone to Perry's or Stubbs' and got all the addresses in two or three days.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-61" type="witnessName">
<interp inst="t18760501-name-61" type="gender" value="male"/>
<interp inst="t18760501-name-61" type="surname" value="RENNIE"/>
<interp inst="t18760501-name-61" type="given" value="CHARLES"/>CHARLES RENNIE</persName> </hi>. I am the attorney and sole representative of Johnson, Clark, & Co. in London—the office in Queen Victoria Street has been open since the middle of November, 1875—I have only been their representative since October last—I have not had any conversation with. Mr. Jones in re
<lb/>ference to the firm of Johnson, Clark & Co. since I have been their repre
<lb/>sentative in London—I know why they separated their connection with him, I was privy to the separation; it was in consequence of a discovery' made by a member of the firm, who was in London in September, 1875—after that the agency was established in Queen Victoria Street—I was subpœnaed here at the last Session by the defendant's solicitor—I have had an experience of the sewing machine trade—the usual practice is to engage travellers who have had experience in the trade and who know the buyers—he usually supplies to his employers a list of probable customers, a con
<lb/>nection of his own—Mr. Gann is still employed by our firm—it was with, my knowledge that he has taken these proceedings.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I think there are not Chancery proceedings going on in consequence of our use of the Dolly Varden sewing machine; I have no knowledge of it; I believe the defendant contemplates such proceedings—I don't think a statement of claim has been served on our firm—I have con
<lb/>tributed 10
<hi rend="italic">l</hi>. towards this prosecution.</p>
<p>
<hi rend="italic">The following Witnesses were called for the Defence</hi>—.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-62" type="witnessName">
<interp inst="t18760501-name-62" type="gender" value="male"/>
<interp inst="t18760501-name-62" type="surname" value="MARRIAGE"/>
<interp inst="t18760501-name-62" type="given" value="EDWARD"/>EDWARD MARRIAGE</persName> </hi>. I was in the defendant's employ—I entered his employ in the early part of 1872, and was with him in Bury Street until the fall of this year—in November, 1874,1 remember Mr. Horlock coming into the service; he came in that name—I was manager of the sewing machine department—Mr. Horlock or Mr. Gann was the shop clerk and collector; it was his duty to see all export goods properly shipped and to, time, so that no vessel sailed before the goods were shipped; to see the shipping business properly conducted and to collect the small accounts—during the time I was with the defendant I compiled a list of customers' with their addresses—that has taken years to do and cost much money to collect; it would not be possible for any person to gain that information from the "Directory"—there are considerable peculiarities about the sewing machine trade—a linen-draper, for instance, would be gtyled in an ordinary Directory as a linen-draper; there would be no mention of his having dealt in sewing machines—that address-book was kept on my office table and used by me only nearly every day—Mr. Horlock would not have access to that book in the course of his duty—I knew that Mr. Gann had been in prison for nine months, because I was there when Mrs. Gann used to come to Mr. Jones for help—she called many times—I should say I have seen her several weeks consecutively, and I was led to believe she came every week; that was during the time Mr. Gann was in prison—I gave her sums of money—it is some years ago now and I forget the amounts, but I recollect it more because I kept the petty cash, and my instructions were to put down the money I gave to Mrs. Gann as trade gifts—it was either a half-sovereign or a sovereign; I cannot recollect now—taking one time with another, I gave her a considerable sum—when Mr.</p>
<xptr type="pageFacsimile" doc="187605010023"/>
<p>Horlock came into the defendant's employ I believe his salary was 2
<hi rend="italic">l</hi>. a week—I heard that notice was given to him to leave in August, last year—I was not aware that he was copying addresses from my address book or I should have taken greater precaution to see it properly locked up, but we trusted every one in the house—he has never spoken to me about the address book—he never asked my permission to use it—a Mr. Paris was a customer of the house and also a Mr. Reeves—after Mr. Gann left the em
<lb/>ploy I met him on one occasion at a luncheon bar in the City, about there weeks after he had left the service—I asked him if he was in business yet or if he had obtained a situation; he said "Yes, you know what I am doing"—I said I did not—he said "Well, you soon will know," and in a sort of threatening tone of voice he said "and Mr. Jones will soon know, too"—I am still in Mr. Jones' employ, but not in the same capacity—his trade has fallen very considerably, and in respect of persons whose names appear in that book—this (
<hi rend="italic">produced</hi>)is the book.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I cannot pledge myself to the amount I have given Mrs. Gann, it is some time ago; but I gave her money on more than one occasion—I do not think I gave her as much as 5
<hi rend="italic">l</hi>.—I believe when Mr. Gann first came he was paid by salary, and soon after Mr. Jones also gave him a little commission in addition, I believe, on two distinct classes of his duties—I have not been round to the customers to ask them whether Mr. Horlock has said anything detrimental to the firm, nothing of the kind; I had been round to customers in my capacity as manager and traveller to obtain orders—I havenot made any remarks about Mr. Horlock—I have made considerable inquiries about him—I have explained that he left our house, and why—I have called—oil a Mr. Jamieson—I do not know what I said to him—I do not think I said that Horlock was a fool for his pains in taking these proceedings; I will swear I did not; or that Mr. Jones meant to crush him, or that these proceedings would be the ruin of him; nothing of the kind—I do not recollect telling Mr: Jamieson the reason why Horlock left, I told him that his business was not so satisfactory, and that Mr. Jones and he could not come to any arrangement—I-do not recol
<lb/>lect speaking to any other customer about him—I swear that I have not been to twenty or thirty customers with reference to him—I now have the charge of Mr. Jones' business in Birmingham—I am paid by him—part of the business is carried on in the name of Thomas Jones & Ca, and part in the name of the Victoria Sewing Machine Manufacturing Company, in which Mr. Jones' also has an nterest—the company pay me, and Mr. Jones pays me in addition.</p>
<p>
<hi rend="italic">Re-examined</hi>. Mr. Gann's commission might be both upon obtaining advertisements and the sale of sewing machines, but that would only relate to a few customers in the City of London—he had no business outside—he was in the habit of signing his name "J. Horlock"—I think he also had a commission for what he could sell amongst merchants and shippers of other goods that Mr. Jones dealt in, but all within the radius—Mr. Jones mostly paid the money to Mrs. Gann—I have seen him pay her money.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-63" type="witnessName">
<interp inst="t18760501-name-63" type="gender" value="male"/>
<interp inst="t18760501-name-63" type="surname" value="PARIS"/>
<interp inst="t18760501-name-63" type="given" value="WILLIAM"/>WILLIAM PARIS</persName> </hi>. I am a sewing machine merchant of 66, Jackson's Road, Holloway—I know Mr. Gann or Horlock by dealing with Mr. Jones when he was in his employ, not in any other way—he called on me one day after he had left, soliciting orders for Johnson, Clark, & Co.—I have not dealt with them—I have bought goods of Thomas Jones and Co., and which, I believe, came through that company, but I am not certain—</p>
<xptr type="pageFacsimile" doc="187605010024"/>
<p>Horlock did not tell me how he camo to leave Jones, but he said he could sell me some sewing machines called the Dolly Varden, and asked me if I wanted any; I said I did not at present; I asked him the price he could sell them at, he said 38
<hi rend="italic">s</hi>.—I said I never paid more than 35
<hi rend="italic">s</hi>. for them—he said "Well, you will not be able to get them any more, because Johnson, Clark, and Co. have taken them away from Mr. Jones—I said I believed Mr. Jones was making some others—he said "Oh, they are entirely rotten, they are no use at all, in fact, the firm—won't last long, it will soon be broken up—I said "It is very strange that you travellers in general turn round upon a good master and run down his goods, it seems a regular system of yours."</p>
<p>
<hi rend="italic">Cross-examined.</hi> I was talking to a lady when he came to my place, in the shop, not outside the door—I may have owed the defendant's firm 400
<hi rend="italic">l</hi>. at this time, I could not say the amount for certain—I did not ask Mr. Gann to supply me with goods from Jones and Co., I swear that—I always had an unlimited credit from Mr. Jones, he did not refuse to give me credit—I have since failed for 400
<hi rend="italic">l</hi>., and Mr. Jones has been appointed receiver of my estate.</p>
<p>
<hi rend="italic">Re-examined</hi>. I was subpœnaed here about three weeks ago—my estate is about to be wound up—I am still carrying on my business and doing the best I can for the estate—T was first applied to to give evidence when the summons came on at Guildhall about two months ago.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-64" type="witnessName">
<interp inst="t18760501-name-64" type="gender" value="male"/>
<interp inst="t18760501-name-64" type="surname" value="REEVES"/>
<interp inst="t18760501-name-64" type="given" value="JOHN"/>JOHN REEVES</persName> </hi>. I am an auctioneer at Ashford and deal in sewing machines I also sell furnishing ironmongery—I know the prosecutor by his calling on me and soliciting orders at the latter end of 1875—I was then a customer of the defendant's—he asked me in the first instance whether Mr. Marriage had been—I said "No, but I expect him"—he said that he had heard he had started to come to Ashford—a long conversation ensued, in the course of which he told me that I should not be able to get any more of the Dolly Varden machines from Mr. Jones, that they had only a few on the premises, and Johnson, Clark, and Co. bad refused to supply them any more, or something to that effect—he said several things that were prejudicial to Mr. Jones—I cannot recollect the exact words—he said the reason-Johnson, Clark, & Co. would not supply them with any more machines was because he had let some of his bills go back, and that they were obliged very often to add up their banking account on both sides to see which way their bills were and they could not last long; it was merely a matter of time—he solicited orders for Johnson, Clark, and Co., and I gave him orders.,</p>
<p>
<hi rend="italic">Cross-examined.</hi> I have seen Mr. Marriage since then—he told me that he believed Horlock had been in prison, but did not know the details, but it was something connected with the smuggling affair.</p>
<p>
<hi rend="italic">Re-examined</hi>. That was when Marriage called, after I had seen Horlock; it might have been a week or fourteen days after—I said something to Marriage about what Horlock had said as to his employer, and I think it was after that he gave me this account of Horlock.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-65" type="witnessName">
<interp inst="t18760501-name-65" type="gender" value="male"/>
<interp inst="t18760501-name-65" type="surname" value="WARD"/>
<interp inst="t18760501-name-65" type="given" value="JOHN BASLETT"/>JOHN BASLETT WARD</persName> </hi>. I live in Hill Street, Wal worth—I am an ad
<lb/>vertising agent—I do not know the prosecutor personally; I have met him in Bury Street and at Mr. Jones' place—after he left Mr. Jones I met him in the City—he said "You represent Mr. Jones at Leeds, don't you?"—I said I did; I took advertisements for their publication there—he said "I have left them now and I have gone in the employ of Johnson, Clark, & Co; are you doing much business for him in Leeds?"—I said "Middling"</p>
<xptr type="pageFacsimile" doc="187605010025"/>
<p>—he said "Ishould not do much if I were you, for you will never get your money."</p>
<p>
<hi rend="italic">Gross-examined</hi>. I am still in the emyloyment of Mr. Jones—I did not tell Mr. Horlock that Marriage had told me that he (Horlock) had been in prison—Marriage did tell me so afterwards'—I never told Mr. Horlock that Marriage had said so to me—I met Mr. Horlock since—I did not on the second occasion tell him that Marriage had made that statement—I don't recollect his saying that people who lived in glass houses should not throw stones; I have not the slightest recollection of anything of the kind; I could not undertake to swear one way or the other—the conversation with Horlock took place at a ltracheon-bar; it was not a confidential conversa
<lb/>tion—he told me that he had got a list of the customers which he had taken from the book and which he had taken to Johnson, Clark, and Co., which was the cause of his going there—I said "Does Mr. Jones know that," and he said "I don't care whether he knows it or not; I would rather he did"—I have never seen the book, except in Court this morning; I know nothing about it.</p>
<p>
<hi rend="italic">Re-examined</hi>. I was under engagement to do business for Mr. Jones of 4,000
<hi rend="italic">l</hi>. a year—there is one thing I forgot to say, in consequence of what he told me I relaxed my efforts and did not do the amount of business I was under engagement to do, a matter of.500
<hi rend="italic">l</hi>. or 600
<hi rend="italic">l</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-66" type="witnessName">
<interp inst="t18760501-name-66" type="gender" value="male"/>
<interp inst="t18760501-name-66" type="surname" value="PLETDELL"/>
<interp inst="t18760501-name-66" type="given" value="HARRY FORTESCUE"/>HARRY FORTESCUE PLETDELL</persName> </hi>. I am a sewing machine maker—I was at the Mansion House when this case was heard; subpoenaad by the prosecutor—I know Mr. Horlock—he called on me on one occasion after he had left Mr. Jones—he called to solicit orders for Johnson, Clark, and Co.—he had been in the habit of calling on me on behalf of Mr. Jones—he said a great deal about Mr. Jones—he wanted us to have the machines of Johnson, Clark, and Co., stating that Jones' were very inferior in make—he wanted us not to sell any more of his, and he said Johnson, Clark, and Co. did not mind spending a few thonsands, and they would, possibly, be able to shut him up in three months—he said nothing about any address-book—he said that Mr. Grout, a partner of Johnson, Clark, and Co., had followed Mr. Jones about in a cab.</p>
<p>
<hi rend="italic">Cross-examined.</hi> All I was asked at the police-court was whether I had Read the libel and believed it referred to Mr. Horlock the defendant was Represent there by Mr. straight he did not cross-examine me at all—I on one or two occasions since, and also Mr. Gann.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-67" type="witnessName">
<interp inst="t18760501-name-67" type="gender" value="male"/>
<interp inst="t18760501-name-67" type="surname" value="GANN"/>
<interp inst="t18760501-name-67" type="given" value="JAMES WILLIAM"/>JAMES WILLIAM GANN</persName> </hi>. I am a member of the firm of Gann, Root, and Co., 171, Fenchurch-street—down to November, 1874,1 was a member of the firm of Gann, Jones, & Co.—I am the prosecutor's second cousin—I was bail for Mr. Jones—he has always treated the prisoner with rery great kind
<lb/>ness and did everything he could to serve him—he has given his wife, pecuniary aid while he was. in prison—she repeatedly visited Mr. Jones while her husband was in prison, and Mr. Jones repeatedly relieved her—that was during the time I was in partnership with him.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I did not see the amounts Mr. Jones gave her—I saw him give her a sovereign once—I knew Mr. Horlock Gann's mother intimately, she was my cousin—she deposited a bond for.100
<hi rend="italic">l</hi>. with me; it was in my possession about nine months—I lodged it at my bankers as security—she applied to me twice for it—she gave me a month's notice, and it the end of that month's notice we paid her the whole sum—I am still on he same intimate terms with her, partially, of course, we differ in this action.</p>
<xptr type="pageFacsimile" doc="187605010026"/>
<p>
<hi rend="italic">Re-examined</hi>. The money was originally deposited with me as security for the son, she has received every farthing of the money.</p>
<p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. The bond was placed at the bank for security, nothing else; not on the system of advances, it was merely placed in the bank for security, not for me—they were Turkish bonds and they were placed in the bank to be taken care of, not to get advances upon—we paid the bank the value of the bond—we did not pay them 100
<hi rend="italic">l</hi>., we paid them some money which, I believe, was a slight balance in their favour.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-68" type="witnessName">
<interp inst="t18760501-name-68" type="gender" value="male"/>
<interp inst="t18760501-name-68" type="surname" value="ROOT"/>
<interp inst="t18760501-name-68" type="given" value="SAMUEL"/>SAMUEL ROOT</persName> </hi>. I am a hosier, tailor, and outfitter, of 171, Fenchurch Street—while the complainant was in prison I remember assistance being frequently given to his wife, and have myself given her money on several occasions and other things as well; she has had pounds to my certain knowledge, pieces of cloth for the children, and I frequently went with her to the Customs to try to do all we could for him while he was in prison, at Mr. Jones' desire—he made every effort to get the sentence remitted.</p>
<p>
<hi rend="italic">Cross-examined.</hi> When I say "pounds" I mean several sovereigns—I have frequently seen Mr. Jones pay her money, and I have done it myself; I cannot pledge myself as to how much, because I have not the book before me, but more than three or four—I knew I was coming to give evidence; I did not think it necessary to bring the book—I will pledge myself that Mr. Jones has given her as much as a 5
<hi rend="italic">l</hi>. note and I have given her more than 5
<hi rend="italic">l</hi>.—Mr. Jones was security for me—when I went into business with Root and Co., I went in on borrowed capital, and Mr. Jones was one of my securities.</p>
<p>
<hi rend="smallCaps">
<rs id="t18760501-345-verdict-1" type="verdictDescription">
<interp inst="t18760501-345-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18760501-345-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, May</hi> 2
<hi rend="italic">nd</hi>, 1876.</p>
<p>
<hi rend="italic">Before Mr. Common Serjeant</hi>.</p>
<div1 type="trialAccount" id="t18760501-346">
<interp inst="t18760501-346" type="uri" value="sessionsPapers/18760501"/>
<interp inst="t18760501-346" type="date" value="18760501"/>
<join result="criminalCharge" id="t18760501-346-charge-1" targOrder="Y" targets="def1-346-18760501 t18760501-346-offence-1 t18760501-346-verdict-1"/>
<p>346.
<persName id="def1-346-18760501" type="defendantName">
<interp inst="def1-346-18760501" type="gender" value="male"/>
<interp inst="def1-346-18760501" type="age" value="20"/>
<interp inst="def1-346-18760501" type="surname" value="RUSSELL"/>
<interp inst="def1-346-18760501" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE RUSSELL</hi>** (20)</persName>
<rs id="t18760501-346-offence-1" type="offenceDescription">
<interp inst="t18760501-346-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760501-346-offence-1" type="offenceSubcategory" value="pocketpicking"/>,
<hi rend="smallCaps">
<rs id="t18760501-346-verdict-1" type="verdictDescription">
<interp inst="t18760501-346-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760501-346-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to stealing a watch from the person of
<persName id="t18760501-name-70" type="victimName">
<interp inst="t18760501-name-70" type="gender" value="male"/>
<interp inst="t18760501-name-70" type="surname" value="LUCKIE"/>
<interp inst="t18760501-name-70" type="given" value="GEORGE JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18760501-346-offence-1 t18760501-name-70"/>George John Luckie</persName>, after a previous conviction of felony—</rs>
<hi rend="italic">
<rs id="t18760501-346-punishment-9" type="punishmentDescription">
<interp inst="t18760501-346-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18760501-346-punishment-9" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-346-18760501 t18760501-346-punishment-9"/>Seven Years' Penal Servitude</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18760501-347">
<interp inst="t18760501-347" type="uri" value="sessionsPapers/18760501"/>
<interp inst="t18760501-347" type="date" value="18760501"/>
<join result="criminalCharge" id="t18760501-347-charge-1" targOrder="Y" targets="def1-347-18760501 t18760501-347-offence-1 t18760501-347-verdict-1"/>
<p>347.
<persName id="def1-347-18760501" type="defendantName">
<interp inst="def1-347-18760501" type="gender" value="male"/>
<interp inst="def1-347-18760501" type="age" value="18"/>
<interp inst="def1-347-18760501" type="surname" value="FISHER"/>
<interp inst="def1-347-18760501" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY FISHER</hi> (18)</persName>
<rs id="t18760501-347-offence-1" type="offenceDescription">
<interp inst="t18760501-347-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760501-347-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, to breaking and entering the shop of
<persName id="t18760501-name-72" type="victimName">
<interp inst="t18760501-name-72" type="gender" value="male"/>
<interp inst="t18760501-name-72" type="surname" value="ARNOLD"/>
<interp inst="t18760501-name-72" type="given" value="WILLIAM"/>
<join result="offenceVictim" targOrder="Y" targets="t18760501-347-offence-1 t18760501-name-72"/>William Arnold</persName>, and stealing therein seven pencil cases and other articles his property, having been convicted of burglary in August, 1875</rs>
<rs id="t18760501-347-punishment-10" type="punishmentDescription">
<interp inst="t18760501-347-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18760501-347-punishment-10" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-347-18760501 t18760501-347-punishment-10"/>
<hi rend="italic">Twelve Months' Imprisonment</hi> </rs>.
<rs id="t18760501-347-verdict-1" type="verdictDescription">
<interp inst="t18760501-347-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760501-347-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> And</p> </div1>
<div1 type="trialAccount" id="t18760501-348">
<interp inst="t18760501-348" type="uri" value="sessionsPapers/18760501"/>
<interp inst="t18760501-348" type="date" value="18760501"/>
<join result="criminalCharge" id="t18760501-348-charge-1" targOrder="Y" targets="def1-348-18760501 t18760501-348-offence-1 t18760501-348-verdict-1"/>
<join result="criminalCharge" id="t18760501-348-charge-2" targOrder="Y" targets="def2-348-18760501 t18760501-348-offence-1 t18760501-348-verdict-1"/>
<p>348.
<persName id="def1-348-18760501" type="defendantName">
<interp inst="def1-348-18760501" type="gender" value="male"/>
<interp inst="def1-348-18760501" type="age" value="46"/>
<interp inst="def1-348-18760501" type="surname" value="WRIGHT"/>
<interp inst="def1-348-18760501" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE WRIGHT</hi> (46)</persName>,
<hi rend="italic">and</hi>
<persName id="def2-348-18760501" type="defendantName">
<interp inst="def2-348-18760501" type="gender" value="male"/>
<interp inst="def2-348-18760501" type="age" value="43"/>
<interp inst="def2-348-18760501" type="surname" value="HALL"/>
<interp inst="def2-348-18760501" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN HALL</hi> (43)</persName>,
<rs id="t18760501-348-offence-1" type="offenceDescription">
<interp inst="t18760501-348-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760501-348-offence-1" type="offenceSubcategory" value="theftFromPlace"/>to breaking and entering the shop of
<persName id="t18760501-name-75" type="victimName">
<interp inst="t18760501-name-75" type="gender" value="male"/>
<interp inst="t18760501-name-75" type="surname" value="BRUMFIT"/>
<interp inst="t18760501-name-75" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18760501-348-offence-1 t18760501-name-75"/>John Brumfit</persName>, and stealing therein eleven pipes his
<hi rend="italic">property</hi> </rs>
<rs id="t18760501-348-punishment-11" type="punishmentDescription">
<interp inst="t18760501-348-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18760501-348-punishment-11" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-348-18760501 t18760501-348-punishment-11"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-348-18760501 t18760501-348-punishment-11"/>
<hi rend="italic">Twelve Months' Imprisonment each</hi> </rs>.
<rs id="t18760501-348-verdict-1" type="verdictDescription">
<interp inst="t18760501-348-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760501-348-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/> [Pleaded guilty: See original trial image.]</rs> </p> </div1>
<div1 type="trialAccount" id="t18760501-349">
<interp inst="t18760501-349" type="uri" value="sessionsPapers/18760501"/>
<interp inst="t18760501-349" type="date" value="18760501"/>
<join result="criminalCharge" id="t18760501-349-charge-1" targOrder="Y" targets="def1-349-18760501 t18760501-349-offence-1 t18760501-349-verdict-1"/>
<p>349.
<persName id="def1-349-18760501" type="defendantName">
<interp inst="def1-349-18760501" type="gender" value="male"/>
<interp inst="def1-349-18760501" type="age" value="18"/>
<interp inst="def1-349-18760501" type="surname" value="KENNEDY"/>
<interp inst="def1-349-18760501" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDERICK KENNEDY</hi> (18)</persName>
<rs id="t18760501-349-offence-1" type="offenceDescription">
<interp inst="t18760501-349-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760501-349-offence-1" type="offenceSubcategory" value="embezzlement"/>, Embezzling the sums of 2
<hi rend="italic">l</hi>., 2
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., aud 2
<hi rend="italic">l</hi>., the monies of
<persName id="t18760501-name-77" type="victimName">
<interp inst="t18760501-name-77" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18760501-349-offence-1 t18760501-name-77"/>Her Majesty's Postmaster-General</persName>.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-78" type="witnessName">
<interp inst="t18760501-name-78" type="gender" value="indeterminate"/>
<interp inst="t18760501-name-78" type="surname" value="METCALFE"/>
<interp inst="t18760501-name-78" type="given" value="MESSES"/>MESSES. METCALFE</persName> </hi>, Q.C.,
<hi rend="italic">and</hi>
<hi rend="smallCaps">SLADE</hi>
<hi rend="italic">conducted the Prosecution</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-79" type="witnessName">
<interp inst="t18760501-name-79" type="gender" value="male"/>
<interp inst="t18760501-name-79" type="surname" value="THATCHER"/>
<interp inst="t18760501-name-79" type="given" value="CHARLES"/>CHARLES THATCHER</persName> </hi>. I am an upholsterer of Queen's Place, Merton, and am a depositor in the Post-office Savings' Bank—on 30th December I made a deposit at the Wimbledon post-office of 2
<hi rend="italic">l</hi>.—I paid it to the prisoner to the best of my belief—he entered it in the book and went to the stamping office and gave the book to me—not receiving any communication from the head office I wrote for it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-80" type="witnessName">
<interp inst="t18760501-name-80" type="gender" value="male"/>
<interp inst="t18760501-name-80" type="surname" value="MOORE"/>
<interp inst="t18760501-name-80" type="given" value="WILLIAM"/>WILLIAM MOORE</persName> </hi>. I am a carpenter of 17, Radnor Terrace, Vauxhall—on 31st December I deposited 2
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. at the New Wimbledon Office—I paid it to the prisoner, handed him my book and got it back—I received no acknowledgment and wrote to the General Post-office for it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-81" type="witnessName">
<interp inst="t18760501-name-81" type="gender" value="male"/>
<interp inst="t18760501-name-81" type="surname" value="LAMBERT"/>
<interp inst="t18760501-name-81" type="given" value="BENJAMIN"/>BENJAMIN LAMBERT</persName> </hi>. I am a railway clerk of 87, Russell Street, Cam
<lb/>bridge—on 2nd March I deposited 2
<hi rend="italic">l</hi>. at the New Wimbledon post-office—</p>
<xptr type="pageFacsimile" doc="187605010027"/>
<p>I gave it to the prisoner, he initialled the book, stamped it, and gave it back to me—I got no acknowledgment from the head office and wrote for it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-82" type="witnessName">
<interp inst="t18760501-name-82" type="gender" value="male"/>
<interp inst="t18760501-name-82" type="surname" value="SPENCER"/>
<interp inst="t18760501-name-82" type="given" value="WILLIAM GEORGE"/>WILLIAM GEORGE SPENCER</persName> </hi>. I am a chemist of New Wimbledon—the post-office is conducted at my place—the prisoner was in my employ in the post-office department—he was there in December and March—on his receiving deposits it was his duty to enter them on the savings bank sheet with the name and address of the depositor, after giving him back his book—it was his duty at the end of the day to make out the cash account, giving the totals—there is a column for the excess, if there is any—on this savings bank sheet of 31st December (
<hi rend="italic">produced</hi>)the only entries are one of 5
<hi rend="italic">l</hi>. and one of 18
<hi rend="italic">s</hi>., they are in the prisoner's writing—there is no entry of" Moore, 2
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. on that day—nor is there any excess to account for the extra sum of 2
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. received from Moore—here is no entry of Thatcher, 2
<hi rend="italic">l</hi>. on 30th December, or of Lambert's 2
<hi rend="italic">l</hi>. on 2nd March, and nothing is carried out into the total—I did not afterwards receive a written communication from the Comptroller to the Post-office about these matters—if it was sent the prisoner could obtain it by going and asking for it—Mr. Reed afterwards came down to know why I had not answered his letter; I called the prisoner in and said "Kennedy, you have been robbing me again, I shall not forgive you this time; you have been going round to the letter carrier and getting my letters and destroying them"—I told him that he had not given account of the different sums which I mentioned to him; he hung his head, and said nothing—this was Saturday April 1st—when the accounts were made out in the—evening I asked him if he would come on Monday-morning, he said "—Yes,"-but—I—never saw any more of him till he was apprehended in a Soldier's dress at Aldershot.</p>
<p>
<hi rend="italic">Cross-examined by the Prisoner</hi>. I knew that you destroyed the letter because it did not come to my hand.</p>
<p>
<hi rend="italic">Re-examined</hi>. I gave him no authority to open my letters, and if he had opened them he ought to have given them to me.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-83" type="witnessName">
<interp inst="t18760501-name-83" type="gender" value="male"/>
<interp inst="t18760501-name-83" type="surname" value="DAVEY"/>
<interp inst="t18760501-name-83" type="given" value="CHARLES HELLYAR"/>CHARLES HELLYAR DAVEY</persName> </hi>. I am a clerk in the Savings' Bank Depart
<lb/>ment—this account would come into my list, but there is no sum from Thatcher, Lambert, or Moore in any way—in consequence of a communi
<lb/>cation from Thatcher I sent an official circular to the Wimbledon post-office on the 12th January, but got no reply—I also sent a communication about Moore, but got no reply—the papers were not returned—I then caused personal inquiry to be made.</p>
<p>
<hi rend="italic">Cross-examined by the Prisoner</hi>. I have looked through all the cash accounts, and have brought them here.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-84" type="witnessName">
<interp inst="t18760501-name-84" type="gender" value="male"/>
<interp inst="t18760501-name-84" type="surname" value="THOMPSON"/>
<interp inst="t18760501-name-84" type="given" value="HENRY"/>HENRY THOMPSON</persName> </hi>. I am head letter-carrier at New Wimbledon—there is an office for sorting letters adjoining Mr. Spencer's receiving-office—the prisoner was in the habit of coming there generally after 8 p.m. to take all official letters—that went on up to March.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-85" type="witnessName">
<interp inst="t18760501-name-85" type="gender" value="male"/>
<interp inst="t18760501-name-85" type="surname" value="MOORE"/>
<interp inst="t18760501-name-85" type="given" value="MATTHEW"/>MATTHEW MOORE</persName> </hi>. I am a constable attached to the Post-office—on the 16th of April I went to Aldershot, and found the prisoner in the uniform of the 16th Foot—I said "Is your name Frederick Kennedy?"—he made no answer—I repeated the question, and he said "My name is Frederick Kennedy"—I said "Ibelieve you. have enlisted in the name of Frederick Mitchell?"—he made no reply—I said "I am a police officer from the General Post-office, and am about to take you in custody for embezzling 6
<hi rend="italic">l</hi>. and stealing 15
<hi rend="italic">l</hi>., the property of your late master, Mr. Spencer, at Wim
<lb/>bledon; is that true?"—he paused for a moment, and said "Well, there is</p>
<xptr type="pageFacsimile" doc="187605010028"/>
<p>one item, but it will all have to come out now"—I took him to Bow Street.</p>
<p>
<hi rend="italic">Prisoner's Defence</hi>. Six or seven months ago I entered Mr. Spencer's service as postal telegraph clerk, understanding I was to have nothing to do with the other business. I had only been there two or three days when he gave me to understand that I should have to copy certain, particulars into his book, and to write labels for medicine and other matters, which took up a great deal of my time. With reference to the omitted deposits, if the amounts had been in the till, the accounts will show so much over. When I entered his service I asked him what notice I was to take of these columns. He said "Take no notice whatever whenever we are short, and put it as balance; and when we are over, it is deducted from the cash." During the whole time I have been in his service he has caused me to falsify the accounts night after night, sometimes 16
<hi rend="italic">l</hi>., 18
<hi rend="italic">l</hi>., or 20
<hi rend="italic">l</hi>., being money he has had for his own purposes. I can prove that he has embezzled money himself from the Chief Commissioner, Mr. Calloway.</p>
<p>W. G.
<hi rend="smallCaps">SPENCER</hi> (
<hi rend="italic">recalled</hi>). It is utterly false that the accounts were falsified under my instructions, or that I have taken money for my own purposes—there is no such case; in fact, I have a deposit in the bank.</p>
<p>
<hi rend="italic">Prisoner</hi>. You know very well that so much was put down as in the bank when it was not there.</p>
<p>
<hi rend="italic">Witness</hi>. Only when you took the 15
<hi rend="italic">l</hi>.—I know Mr. Calloway very well—it is not true that in December last, when he had a sum of money paid to him on account of post-office orders, he had under-estimated the amount, and that I knew it and kept the amount back—I paid him right—I gave you 18
<hi rend="italic">l</hi>. to deposit in the bank on the previous Thursday, and you did not do it.</p>
<p>
<hi rend="italic">Prisoner</hi>. You are a rogue, and you have put it all upon me. You have cheated customers before my face, and told me to do the same, and your own assistant in the other department can tell the same. I cannot afford counsel to speak for me, and therefore I know the case will go against me.</p>
<p>
<hi rend="italic">Re-examined</hi>. This letter (
<hi rend="italic">produced</hi>)is in the prisoner's writing—it is addressed to me. (
<hi rend="italic">Read:</hi> "Sir,—The subject broached this morning must be very painful to you, and when you have read this I trust you may not go to extreme measures, as I know I richly deserve. I am very thankful to you for overlooking the last occurrence. I must confess that for a long time I have falsified the accounts, for which I am thoroughly ashamed, adding what was deficient of the money and making it appear correct. The deficiency has been taken a little at a time, I thinking sure I could make it up, which I have been unable to do. It makes it worse when I know I am capable of doing the accounts correct. I can say no more in explanation, only that whatever appears deficient I will endeavour to repay, and throw myself on your mercy. For the sake of my father, who is dangerously ill, I beg you not to expose me this 'once, and for the future, if you should think fit to retain me, you shall never have cause to complain again. F. Kennedy."</p>
<p>
<hi rend="smallCaps">
<rs id="t18760501-349-verdict-1" type="verdictDescription">
<interp inst="t18760501-349-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760501-349-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18760501-349-punishment-12" type="punishmentDescription">
<interp inst="t18760501-349-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18760501-349-punishment-12" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-349-18760501 t18760501-349-punishment-12"/>Five Years' Penal Servitude</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18760501-350">
<interp inst="t18760501-350" type="uri" value="sessionsPapers/18760501"/>
<interp inst="t18760501-350" type="date" value="18760501"/>
<join result="criminalCharge" id="t18760501-350-charge-1" targOrder="Y" targets="def1-350-18760501 t18760501-350-offence-1 t18760501-350-verdict-1"/>
<p>350.
<persName id="def1-350-18760501" type="defendantName">
<interp inst="def1-350-18760501" type="gender" value="female"/>
<interp inst="def1-350-18760501" type="age" value="38"/>
<interp inst="def1-350-18760501" type="surname" value="CLARK"/>
<interp inst="def1-350-18760501" type="given" value="ANN"/>
<hi rend="largeCaps">ANN CLARK</hi> (38)</persName>
<rs id="t18760501-350-offence-1" type="offenceDescription">
<interp inst="t18760501-350-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18760501-350-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully uttering counterfeit coin.</rs> </p>
<p>
<hi rend="smallCaps">MR. CRAUFURD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. LLOYD</hi>
<hi rend="italic">conducted the Prosecution</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-87" type="witnessName">
<interp inst="t18760501-name-87" type="gender" value="female"/>
<interp inst="t18760501-name-87" type="surname" value="BRIGGS"/>
<interp inst="t18760501-name-87" type="given" value="MARY"/>MARY BRIGGS</persName> </hi>. I am the wife of James Briggs, of Grove Road, South Hackney, a dairyman—on Friday, 17th March, I served the prisoner with three penny eggs—she gave me a florin, which I put into my purse where there was no other florin and gave her the change—I afterwards gave it to</p>
<xptr type="pageFacsimile" doc="187605010029"/>
<p>my servant who returned it next morning, and I found it was bad—I put it by itself—on Friday, the 24th, I received a bad florin from my daughter Emma—I placed it on the mantle shelf with the other, and afterwards gave them both to my husband.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-88" type="witnessName">
<interp inst="t18760501-name-88" type="gender" value="female"/>
<interp inst="t18760501-name-88" type="surname" value="ANDERSON"/>
<interp inst="t18760501-name-88" type="given" value="MARY"/>MARY ANDERSON</persName> </hi>. I work for Mrs. Briggs—on 17th March, she paid me with a florin, I took it home and found it was bad—I gave it back to her next morning.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-89" type="witnessName">
<interp inst="t18760501-name-89" type="gender" value="female"/>
<interp inst="t18760501-name-89" type="surname" value="BRIGGS"/>
<interp inst="t18760501-name-89" type="given" value="EMMA"/>EMMA BRIGGS</persName> </hi>. I am the daughter of the first witness—on 24th-March, I served the prisoner with a loaf and three eggs, which came to 5 1/2
<hi rend="italic">d</hi>.—she gave me a florin—I gave her the change—a little girl came in to pay a bill and I gave her that florin from the till, and from my pocket I think two other florins—she came back shortly afterwards and I found that one of the florins was bad—I gave it to my mother that evening—the prisoner came again on 4th April, for a loaf and three eggs; I recognised her when she came in—she again gave me a florin; I saw that it was like the others, and said "You gave me a bad 2
<hi rend="italic">s</hi>. piece last' time"—she said "No, I don't think I did"—I called my father who gave her in custody with the three florins—I saw them marked.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-90" type="witnessName">
<interp inst="t18760501-name-90" type="gender" value="male"/>
<interp inst="t18760501-name-90" type="surname" value="BRIGGS"/>
<interp inst="t18760501-name-90" type="given" value="JAMES JOSEPH"/>JAMES JOSEPH BRIGGS</persName> </hi>. I am the father of the last—witness—on 4th April, she gave me a bad florin, and I went into the shop and accused the prisoner of being in the shop twice previously—she denied it—I bent the florin and gave her in custody—she said that she had not been in the shop for three months—my daughter gave me two other florins, and "I gave them all three to the constable.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-91" type="witnessName">
<interp inst="t18760501-name-91" type="gender" value="female"/>
<interp inst="t18760501-name-91" type="surname" value="BREWER"/>
<interp inst="t18760501-name-91" type="given" value="ELIZABETH"/>ELIZABETH BREWER</persName> </hi>. I live at 4, How Street—the prisoner has lodged with me a little over nine—weeks in the name of Peck—there was a man there who she said was her husband, and who paid the rent as long as he was there, after which the prisoner paid it; she had the key and locked the door when she went away.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-92" type="witnessName">
<interp inst="t18760501-name-92" type="gender" value="male"/>
<interp inst="t18760501-name-92" type="surname" value="JENNINGS"/>
<interp inst="t18760501-name-92" type="given" value="JONATHAN"/>JONATHAN JENNINGS</persName> </hi> (
<hi rend="italic">Policeman N</hi> 247). On 4th April, I was called and took the prisoner—Mr. Briggs charged her with passing three bad florins, she said I deny it, don't be too hard upon me—Mr. Briggs gave me these three florins (
<hi rend="italic">produced</hi>)—the prisoner was searched at the station, and 2
<hi rend="italic">s</hi>., one good florin, and 5
<hi rend="italic">d</hi>. pence were found on her.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-93" type="witnessName">
<interp inst="t18760501-name-93" type="gender" value="male"/>
<interp inst="t18760501-name-93" type="surname" value="CHAPMAN"/>
<interp inst="t18760501-name-93" type="given" value="GEORGE"/>GEORGE CHAPMAN</persName> </hi> (
<hi rend="italic">Policeman N</hi>). I was at the station when the prisoner was charged—she refused to give her name and address—she gave me a key at the police-court, and told me to go to Mrs. Harvey, of Great Cambridge Street, and ask her to go and take a cat from her lodgings—I went with Mrs. Harvey, and she went to 4, How-Street, the key opened the door of the breakfast parlour at Mrs. brewer's—I searched the room, and under the bed in a small box, I found some white metal, some white lead, and a box of plaister of Paris—in another box on the table I found this, certificate (
<hi rend="italic">produced</hi>)—I also found a basket of carpenter's tools.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-94" type="witnessName">
<interp inst="t18760501-name-94" type="gender" value="male"/>
<interp inst="t18760501-name-94" type="surname" value="WEBSTER"/>
<interp inst="t18760501-name-94" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These three florins are bad, and two of them are from the same mould—this metal is such as is used in making counterfeit coin, and this is plaister of Paris.</p>
<p>
<hi rend="italic">The prisoner produced a written defence, stating that she did not know that the florin she uttered when she was given in custody was bad, and that site had not been to the shop for six months before that; that the white metal was brought home by her husband to make plumb bob, and what was stated to be plaister of Paris was bone dust, which was used for cleaning</hi>.</p>
<p>
<hi rend="smallCaps">
<rs id="t18760501-350-verdict-1" type="verdictDescription">
<interp inst="t18760501-350-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760501-350-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<p>
<hi rend="italic">She was further charged with having been convicted of a like offence, when she was sentenced tothree years' imprisonment, to which she</hi> </p>
<p>
<hi rend="smallCaps">PLEADED GUILTY</hi>**—
<hi rend="italic">
<rs id="t18760501-350-punishment-13" type="punishmentDescription">
<interp inst="t18760501-350-punishment-13" type="punishmentCategory" value="imprison"/>
<interp inst="t18760501-350-punishment-13" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-350-18760501 t18760501-350-punishment-13"/>Seven Years' Penal Servitude</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18760501-351">
<interp inst="t18760501-351" type="uri" value="sessionsPapers/18760501"/>
<interp inst="t18760501-351" type="date" value="18760501"/>
<join result="criminalCharge" id="t18760501-351-charge-1" targOrder="Y" targets="def1-351-18760501 t18760501-351-offence-1 t18760501-351-verdict-1"/>
<join result="criminalCharge" id="t18760501-351-charge-2" targOrder="Y" targets="def2-351-18760501 t18760501-351-offence-1 t18760501-351-verdict-1"/>
<xptr type="pageFacsimile" doc="187605010030"/>
<p>351.
<persName id="def1-351-18760501" type="defendantName">
<interp inst="def1-351-18760501" type="gender" value="male"/>
<interp inst="def1-351-18760501" type="age" value="18"/>
<interp inst="def1-351-18760501" type="surname" value="MCCARTHY"/>
<interp inst="def1-351-18760501" type="given" value="DANIEL"/>
<hi rend="largeCaps">DANIEL McCARTHY</hi> (18)</persName>
<hi rend="italic">and</hi>
<persName id="def2-351-18760501" type="defendantName">
<interp inst="def2-351-18760501" type="gender" value="male"/>
<interp inst="def2-351-18760501" type="age" value="19"/>
<interp inst="def2-351-18760501" type="surname" value="LEESON"/>
<interp inst="def2-351-18760501" type="given" value="ARTHUR"/>
<hi rend="largeCaps">ARTHUR LEESON</hi> (19)</persName> were indicted for
<rs id="t18760501-351-offence-1" type="offenceDescription">
<interp inst="t18760501-351-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18760501-351-offence-1" type="offenceSubcategory" value="coiningOffences"/> a like offence.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. CRAUFURD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">LLOYD</hi>
<hi rend="italic">conducted the Prosecution, and</hi>
<hi rend="smallCaps">MR. GILL</hi> </p>
<p>
<hi rend="italic">the Defence</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-97" type="witnessName">
<interp inst="t18760501-name-97" type="gender" value="female"/>
<interp inst="t18760501-name-97" type="surname" value="TATE"/>
<interp inst="t18760501-name-97" type="given" value="ROSINA"/>ROSINA TATE</persName> </hi>. I am barmaid at the Crown, Oxford Street—on the 31st March I served McCarthy with half a pint of stout and mild, which came to 1 1/2
<hi rend="italic">d</hi>.—he gave me a-bad shilling; I bent it nearly double—he said that he thought it was good, and put it in his pocket—I took away the drink, and he had half a pint of porter, for—which he paid 1
<hi rend="italic">d</hi>.—he left, and Spooner, who was there, followed him—I was fetched to the station about ten minutes afterwards, and saw the same man I believe who tendered the shilling.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I said at the station that I thought it was Leeson who came there, but on looking again I found it was McCarthy—they were both together then, but McCarthy only was at the police-court; he is one who tendered the bad shilling.</p>
<p>
<hi rend="italic">Re-examined</hi>. I believe McCarthy to be the man.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-98" type="witnessName">
<interp inst="t18760501-name-98" type="gender" value="male"/>
<interp inst="t18760501-name-98" type="surname" value="THOMAS"/>
<interp inst="t18760501-name-98" type="given" value="WILLIAM"/>WILLIAM THOMAS</persName> </hi>. I am manager at 26, Bolsover Street—on the 31st of March I was in the Crown Tavern, and saw McCarthy there—he called for drink and gave the barmaid 1
<hi rend="italic">s</hi>.; she bent it up, returned it, and said "This is a bad shilling; I cannot take this"—he said "Oh, no, that is good"—he gave her 1
<hi rend="italic">d</hi>., drank his beer, and went away—I spoke to Sooner, who followed him—I remained
<hi rend="italic">till</hi> a constable fetched me and the barmaid—I then went to Bow Street, and said in McCarthy's hearing that he was the man.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-99" type="witnessName">
<interp inst="t18760501-name-99" type="gender" value="male"/>
<interp inst="t18760501-name-99" type="surname" value="SPOONER"/>
<interp inst="t18760501-name-99" type="given" value="GEORGE"/>GEORGE SPOONER</persName> </hi>. I am a French polisher, of Saville Street—on the 31st of March, about 3 o'clock, I was in the Crown, when McCarthy was served—I have heard what has been stated, it is correct—I followed him; he joined Leeson, and something passed between them—he was about to enter a public-house in Duke Street, but he saw me, and I fancy he recognised me, and did not go in—they turned into Great Russell Street, and I fol
<lb/>lowed and spoke to Bennett, the potman, who was standing outside a public-house door—I went in and looked through the window and saw the pri
<lb/>soners—McCarthy went into Mrs. Lyons' shop—I went across, and as he was leaving I asked him how many more of those he had—he said "I don't know what you mean"—the potman came up, and Leeson struck him and caused him to leave go of McCarthy, who got away—Leeson struggled with me, and threw a coin down a area—an officer in plain clothes joined in the chase, and took McCarthy in Drury Lane—I then went to Tottenham Court Road station and found Leeson there—they were both charged.</p>
<p>
<hi rend="italic">Cross-examined.</hi> Leeson had left McCarthy, but, seeing me and the pot
<lb/>man stop him, he came back.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-100" type="witnessName">
<interp inst="t18760501-name-100" type="gender" value="indeterminate"/>
<interp inst="t18760501-name-100" type="surname" value="BENNETT"/>
<interp inst="t18760501-name-100" type="given" value="HENBY"/>HENBY BENNETT</persName> </hi>. I am potman at the Museum Tavern, Museum Street—on the 31st of March, about 3.30, Spooner spoke to me, and I saw the prisoners going down Museum Street—McCarthy went into a baker's shop, and as he came out Spoouer and I caught him—Leeson came up; we had a struggle and fell, McCarthy got away, and left me struggling with Leeson on the ground; a cabman came to my assistance—I saw McCarthy throw a coin down an area, where I afterwards inquired for it, and it was given to me; it was bad.</p>
<xptr type="pageFacsimile" doc="187605010031"/>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-101" type="witnessName">
<interp inst="t18760501-name-101" type="gender" value="female"/>
<interp inst="t18760501-name-101" type="surname" value="LYON"/>
<interp inst="t18760501-name-101" type="given" value="MARTHA"/>MARTHA LYON</persName> </hi>. I keep a baker's shop at 42, Museum Street—on the 31st of March, at a little after 3 o'clock, a young man, I cannot say who, came in for a 1
<hi rend="italic">d</hi>. bun, and gave me a bad shilling—I said "This will not do for me," and defaced it with the bread rasp—I put it down, he took it up, and two men at the door captured him—they struggled together, and I called out "Mind the window."</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-102" type="witnessName">
<interp inst="t18760501-name-102" type="gender" value="male"/>
<interp inst="t18760501-name-102" type="surname" value="SMITH"/>
<interp inst="t18760501-name-102" type="given" value="JAMES"/>JAMES SMITH</persName> </hi> (
<hi rend="italic">Policeman E</hi> 392). I was in Oxford Street, and saw McCarthy running from Spooner, who was crying "Stop thief!"—I ran and caught him—Spooner came up and told me what he had been doing—he said that he knew nothing about it—I took him to the station, and fetched Thomas and Miss Tate, who said that she thought he was the man, but could not swear to him.</p>
<p>
<hi rend="italic">Cross-examined.</hi> He did not say that he did not pass the money, nor did he say so before the Magistrate—I said there that he said that he knew nothing about it.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-103" type="witnessName">
<interp inst="t18760501-name-103" type="gender" value="male"/>
<interp inst="t18760501-name-103" type="surname" value="WALKER"/>
<interp inst="t18760501-name-103" type="given" value="HENRY"/>HENRY WALKER</persName> </hi> (
<hi rend="italic">Policeman E</hi> 269). I heard a cry of "Stop thief!" and saw Spooner chasing McCarthy—I overtook him, and he said "It is no use running any further, I will go quietly with you"—I took him to Bow-Street and afterwards to Tottenham Court Road, where Leeson was.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-104" type="witnessName">
<interp inst="t18760501-name-104" type="gender" value="male"/>
<interp inst="t18760501-name-104" type="surname" value="LUNAN"/>
<interp inst="t18760501-name-104" type="given" value="WILLIAM"/>WILLIAM LUNAN</persName> </hi>. I am a lapidary, of 25, Museum Street—on 31st of March I saw Spooner and Bennett bringing McCarthy along, and heard something fall on a grating, it sounded like coin—I examined the place and found a shilling, which I gave to Groom—I saw Leeson strike the potman as they went along two or three blows on his face, and attempt to rescue McCarthy, who got away—I and another man detained Leeson, who was outside my house, which is nearly opposite Mrs. Lyons'.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I am sure that Leeson struck the potman two or three times on his face about the eye and that enabled McCarthy to get away.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-105" type="witnessName">
<interp inst="t18760501-name-105" type="gender" value="male"/>
<interp inst="t18760501-name-105" type="surname" value="GRIMES"/>
<interp inst="t18760501-name-105" type="given" value="HENRY"/>HENRY GRIMES</persName> </hi> (
<hi rend="italic">Policeman A</hi> 113). I was on duty at the British Museum—I went up and saw Leeson lying on the ground struggling with the cab
<lb/>man, Bennett gave him into my custody—I took him to Tottenham Court Road, searched him, and found a shilling, three sixpences, and 111/2
<hi rend="italic">d</hi>., all good.'</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-106" type="witnessName">
<interp inst="t18760501-name-106" type="gender" value="male"/>
<interp inst="t18760501-name-106" type="surname" value="GROOM"/>
<interp inst="t18760501-name-106" type="given" value="FREDERICK"/>FREDERICK GROOM</persName> </hi> (
<hi rend="italic">Detective Officer E</hi>). I secured this bad shilling from Lunan on 31st March.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-107" type="witnessName">
<interp inst="t18760501-name-107" type="gender" value="female"/>
<interp inst="t18760501-name-107" type="surname" value="LYON"/>
<interp inst="t18760501-name-107" type="given" value="MARTHA"/>MARTHA LYON</persName> </hi> (
<hi rend="italic">re-examined</hi>). This is the bad shilling I defaced with the rasp.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-108" type="witnessName">
<interp inst="t18760501-name-108" type="gender" value="male"/>
<interp inst="t18760501-name-108" type="surname" value="WEBSTER"/>
<interp inst="t18760501-name-108" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This 1
<hi rend="italic">s</hi>. is bad.</p>
<p>
<hi rend="smallCaps">
<rs id="t18760501-351-verdict-1" type="verdictDescription">
<interp inst="t18760501-351-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760501-351-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-109" type="witnessName">
<interp inst="t18760501-name-109" type="gender" value="male"/>
<interp inst="t18760501-name-109" type="surname" value="MACKINTYRE"/>
<interp inst="t18760501-name-109" type="given" value="JOHN"/>JOHN MACKINTYRE</persName> </hi>,
<hi rend="italic">a warder of Cold Bath Fields, stated that Leeson had been four times convicted, first as a rogue and vagabond, then for stealing a coat, again for being drunk, and lastly for an assault.
<rs id="t18760501-351-punishment-14" type="punishmentDescription">
<interp inst="t18760501-351-punishment-14" type="punishmentCategory" value="noPunish"/>
<interp inst="t18760501-351-punishment-14" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-351-18760501 t18760501-351-punishment-14"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-351-18760501 t18760501-351-punishment-14"/>Leeson stated that he wished to make a communication to the Solicitor to the Treasury, and sentence was therefore postponed</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18760501-352">
<interp inst="t18760501-352" type="uri" value="sessionsPapers/18760501"/>
<interp inst="t18760501-352" type="date" value="18760501"/>
<join result="criminalCharge" id="t18760501-352-charge-1" targOrder="Y" targets="def1-352-18760501 t18760501-352-offence-1 t18760501-352-verdict-1"/>
<p>352.
<persName id="def1-352-18760501" type="defendantName">
<interp inst="def1-352-18760501" type="gender" value="male"/>
<interp inst="def1-352-18760501" type="age" value="36"/>
<interp inst="def1-352-18760501" type="surname" value="BAXTER"/>
<interp inst="def1-352-18760501" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN BAXTER</hi> (36)</persName>, was indicted
<rs id="t18760501-352-offence-1" type="offenceDescription">
<interp inst="t18760501-352-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18760501-352-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. CRAUFURD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">LLOYD</hi>
<hi rend="italic">conducted the Prosecution</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-111" type="witnessName">
<interp inst="t18760501-name-111" type="gender" value="female"/>
<interp inst="t18760501-name-111" type="surname" value="RATTEY"/>
<interp inst="t18760501-name-111" type="given" value="THERESA JANE"/>THERESA JANE RATTEY</persName> </hi>. I am barmaid at the George and Dragon, Long Acre—on 3rd April, about 11.45 at night, the prisoner came in with a woman and asked for half a quartern of rum—he put down a florin and I bent it and told him it was bad—he did not answer, I gave it to the landlord—I had seen the prisoner a week or ten days before, when he gave me a bad shilling for some gin, I bent it and gave it back to him—he then offered me</p>
<xptr type="pageFacsimile" doc="187605010032"/>
<p>6
<hi rend="italic">d</hi>. and a halfpenny instead of 1 1/2
<hi rend="italic">d</hi>.—I gave him the 6
<hi rend="italic">d</hi>. back; he seemed rather confused, he was alone—he tried to escape on the 3rd, and was taken at some distance from the house.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I am sure you are the man, I took particular notice of you; you had the same cap and scarf as you have now—it was a very greasy looking cap, but I know you by your face as well.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-112" type="witnessName">
<interp inst="t18760501-name-112" type="gender" value="male"/>
<interp inst="t18760501-name-112" type="surname" value="HARE"/>
<interp inst="t18760501-name-112" type="given" value="WALTER THOMAS"/>WALTER THOMAS HARE</persName> </hi>. I keep the George and Dragon—the last witness showed me a bad florin, and I saw the prisoner in front of the bar—I fetched a policeman and pointed the prisoner out to him 30 or 40 yards from the house—the woman followed to the police-court and was taken in custody.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-113" type="witnessName">
<interp inst="t18760501-name-113" type="gender" value="male"/>
<interp inst="t18760501-name-113" type="surname" value="ARMITAGE"/>
<interp inst="t18760501-name-113" type="given" value="ROBERT"/>ROBERT ARMITAGE</persName> </hi> (
<hi rend="italic">Policeman E</hi> 312). Mr. Hare pointed the prisoner out to me 40 or 50 yards from his house—I took him back to the house and this florin was handed to me—he said that he knew nothing about it, he took the woman into the house to treat her—I found on him 3
<hi rend="italic">s</hi>., a sixpence, and
<hi rend="italic">id</hi>., all good—he refused his address.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-114" type="witnessName">
<interp inst="t18760501-name-114" type="gender" value="male"/>
<interp inst="t18760501-name-114" type="surname" value="WEBSTER"/>
<interp inst="t18760501-name-114" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This florin is bad.</p>
<p>
<hi rend="italic">Prisoner's Defence</hi>. I got the money when I was at work, and the rest of the money I must have received in change.</p>
<p>
<hi rend="smallCaps">
<rs id="t18760501-352-verdict-1" type="verdictDescription">
<interp inst="t18760501-352-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760501-352-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18760501-352-punishment-15" type="punishmentDescription">
<interp inst="t18760501-352-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18760501-352-punishment-15" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-352-18760501 t18760501-352-punishment-15"/>Six Months' Imprisonment</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18760501-353">
<interp inst="t18760501-353" type="uri" value="sessionsPapers/18760501"/>
<interp inst="t18760501-353" type="date" value="18760501"/>
<join result="criminalCharge" id="t18760501-353-charge-1" targOrder="Y" targets="def1-353-18760501 t18760501-353-offence-1 t18760501-353-verdict-1"/>
<p>353.
<persName id="def1-353-18760501" type="defendantName">
<interp inst="def1-353-18760501" type="gender" value="male"/>
<interp inst="def1-353-18760501" type="age" value="21"/>
<interp inst="def1-353-18760501" type="surname" value="STEWARD"/>
<interp inst="def1-353-18760501" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM STEWARD</hi> (21)</persName>, was indicted
<rs id="t18760501-353-offence-1" type="offenceDescription">
<interp inst="t18760501-353-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18760501-353-offence-1" type="offenceSubcategory" value="coiningOffences"/> for feloniously uttering counterfeit coin.</rs> </p>
<p>
<hi rend="smallCaps">MESSRS. CRAUFURD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">LLOYD</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. THORNE COLE</hi>
<hi rend="italic">the Defence</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-116" type="witnessName">
<interp inst="t18760501-name-116" type="gender" value="female"/>
<interp inst="t18760501-name-116" type="surname" value="NEWTON"/>
<interp inst="t18760501-name-116" type="given" value="MARY"/>MARY NEWTON</persName> </hi>. My husband keeps the Tudor Arms in Greece Street—on the night of 18th April the prisoner came in with a man named Jones who asked for a pint of half and half, and gave me 1
<hi rend="italic">s</hi>.—the prisoner asked me for a short pipe—I bit the 1
<hi rend="italic">s</hi>. and gave it back to them—the prisoner, left as soon as I bit the 1
<hi rend="italic">s</hi>., and Jones asked me for half a pint of beer—we give a pipe to anybody who comes without having drink.</p>
<p>
<hi rend="italic">Cross-examined.</hi> There may have been eight people in the house—some
<lb/>thing in the look of the 1
<hi rend="italic">s</hi>. caused me to bite it—I told Jones that it was bad, and after that he asked for half a pint and paid with 1
<hi rend="italic">d</hi>.—Steward was out of the house then.</p>
<p>
<hi rend="italic">Re-examined</hi>. They walked to the bar together I believe, but I did not see them speak to each other.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-117" type="witnessName">
<interp inst="t18760501-name-117" type="gender" value="male"/>
<interp inst="t18760501-name-117" type="surname" value="CRAWLEY"/>
<interp inst="t18760501-name-117" type="given" value="JEREMIAH"/>JEREMIAH CRAWLEY</persName> </hi>. I live at 38, Upper Rathbone Place—on 18th April, about 7 p.m., I was in the Tudor Arms—I saw Jones come in and the pri
<lb/>soner came in about a second after him—Jones gave Mrs. Newton 1
<hi rend="italic">s</hi>., she bit it and told him it was bad—Steward, who had asked for a pipe, then went out, and Jones left in a minute or two when he had drank his beer—I followed them; they met again, and I followed them to the Duke's Head, and watched them from a window—they went in together and the barman served Jones with beer—Mrs. Gordon went to the till and I told the potman—he communicated with his mistress—Jones paid her with 1
<hi rend="italic">s</hi>. and she gave him the change—they drank together—Steward asked for a short pipe—the landlady went to the till and found the 1
<hi rend="italic">s</hi>. was bad, and said "Go and fetch him back"—the potman went out and brought Steward back—the door was closed and they were both given in custody.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I was at a coffee-shop opposite and saw Jones go into the Duke of York—I then went across and went into the public-house and made a communication to the potman—Jones was in the house six or seven</p>
<xptr type="pageFacsimile" doc="187605010033"/>
<p>minutes before he was taken in custody, and Steward about the same time—I did not hear either of them call for anything.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-118" type="witnessName">
<interp inst="t18760501-name-118" type="gender" value="female"/>
<interp inst="t18760501-name-118" type="surname" value="GORDON"/>
<interp inst="t18760501-name-118" type="given" value="ANN"/>ANN GORDON</persName> </hi>. My husband keeps the Duke of York, Charlotte Place—on 18th April the prisoners came in and Jones asked for a pint of
<hi rend="italic">id</hi>. half-and-half—he gave me a shilling, I put it in the till and gave him the change—there was no other shilling there—the instant I had served the beer Steward asked for a short pipe—Jones drank first and then offered it to Steward, saying "Drink Charley"—I received a communication, went to the till, and Steward made his way to the door—I called out "Stop him," and he was brought back—I found that the only shilling in the till was bad—they were given in custody with the shilling.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-119" type="witnessName">
<interp inst="t18760501-name-119" type="gender" value="male"/>
<interp inst="t18760501-name-119" type="surname" value="TIDMAN"/>
<interp inst="t18760501-name-119" type="given" value="WILLIAM"/>WILLIAM TIDMAN</persName> </hi>. I am potman at the Duke of York—on 18th April Crawley made a communication to me and I spoke to Mrs. Gordon—she went to the till immediately and found a bad shilling—she told me to go outside and bring Steward in and I did so—a policeman was sent for and he was given in custody—he said "Ionly went in for a short pipe, I had nothing to do with the other man."</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-120" type="witnessName">
<interp inst="t18760501-name-120" type="gender" value="male"/>
<interp inst="t18760501-name-120" type="surname" value="SCOTT"/>
<interp inst="t18760501-name-120" type="given" value="JOHN"/>JOHN SCOTT</persName> </hi> (
<hi rend="italic">Policeman E</hi> 464). I was called to Mrs. Gordon's and the prisoner and Jones were given into my custody with this shilling (
<hi rend="italic">produced</hi>)—Stewart said that he asked for a short pipe—Jones said "Idon't know what you are going to take me for"—he pretended to be drunk but they were both sober—I found on Jones a sixpence and
<hi rend="italic">id</hi>., and on the prisoner a sixpence and 5
<hi rend="italic">d</hi>. good.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-121" type="witnessName">
<interp inst="t18760501-name-121" type="gender" value="male"/>
<interp inst="t18760501-name-121" type="surname" value="WEBSTER"/>
<interp inst="t18760501-name-121" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This shilling is bad.</p>
<p>
<hi rend="smallCaps">
<rs id="t18760501-353-verdict-1" type="verdictDescription">
<interp inst="t18760501-353-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760501-353-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<p>
<hi rend="italic">He was further charged with a conviction of a like offence in June</hi>, 1874,
<hi rend="italic">to which he</hi> </p>
<p>
<hi rend="smallCaps">PLEADED GUILTY</hi>.**</p> </div1>
<div1 type="trialAccount" id="t18760501-354">
<interp inst="t18760501-354" type="uri" value="sessionsPapers/18760501"/>
<interp inst="t18760501-354" type="date" value="18760501"/>
<join result="criminalCharge" id="t18760501-354-charge-1" targOrder="Y" targets="def1-354-18760501 t18760501-354-offence-1 t18760501-354-verdict-1"/>
<join result="criminalCharge" id="t18760501-354-charge-2" targOrder="Y" targets="def2-354-18760501 t18760501-354-offence-1 t18760501-354-verdict-1"/>
<p>354.
<persName id="def1-354-18760501" type="defendantName">
<interp inst="def1-354-18760501" type="gender" value="male"/>
<interp inst="def1-354-18760501" type="age" value="21"/>
<interp inst="def1-354-18760501" type="surname" value="STEWARD"/>
<interp inst="def1-354-18760501" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM STEWARD</hi> </persName> was
<hi rend="italic">again</hi> indicted with
<persName id="def2-354-18760501" type="defendantName">
<interp inst="def2-354-18760501" type="gender" value="male"/>
<interp inst="def2-354-18760501" type="age" value="24"/>
<interp inst="def2-354-18760501" type="surname" value="JONES"/>
<interp inst="def2-354-18760501" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES JONES</hi> (24)</persName>
<rs id="t18760501-354-offence-1" type="offenceDescription">
<interp inst="t18760501-354-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18760501-354-offence-1" type="offenceSubcategory" value="coiningOffences"/>, for unlawfully uttering counterfeit coin.</rs> </p>
<p>
<hi rend="italic">The evidence of</hi>
<hi rend="smallCaps">MARY NEWTON, JEREMIAH CRAWLEY, ANN GORDON</hi>,
<hi rend="italic">and</hi>
<hi rend="smallCaps">JOHN SCOTT</hi>
<hi rend="italic">was read 'over to them to which they assented</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-124" type="witnessName">
<interp inst="t18760501-name-124" type="gender" value="male"/>
<interp inst="t18760501-name-124" type="surname" value="WELCH"/>
<interp inst="t18760501-name-124" type="given" value="RICHARD"/>RICHARD WELCH</persName> </hi>. I am manager at the Albion public-house, Lilly Bridge, Brompton—on 7th April, between 3 and 4 o'clock p.m., Jones came in for a pint of 4
<hi rend="italic">d</hi>. half-and-half and gave me a bad half-crown—I broke it in two, jumped over the counter, and said "Iwant you," as, previously to that, I had found one in the till, but I did not serve the person who passed it—he said that he had earned it—I gave him in custody with the pieces.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-125" type="witnessName">
<interp inst="t18760501-name-125" type="gender" value="male"/>
<interp inst="t18760501-name-125" type="surname" value="LEARY"/>
<interp inst="t18760501-name-125" type="given" value="GEORGE"/>GEORGE LEARY</persName> </hi> (
<hi rend="italic">Policeman T</hi> 441). Jones was given into my custody on April 7th; brought up at Hammersmith police-court on the 8th and discharged—he gave his name Charles Turner.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-126" type="witnessName">
<interp inst="t18760501-name-126" type="gender" value="male"/>
<interp inst="t18760501-name-126" type="surname" value="WEBSTER"/>
<interp inst="t18760501-name-126" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. This half-crown and shilling are bad.</p>
<p>
<hi rend="italic">Jones' Defence</hi>. I received' the second half-crown for pushing a truck; as to the first one, if I had known it was bad I should have got out as quick as possible, and I do not remember being in the first house, I had taken a little drink.</p>
<p>
<hi rend="smallCaps">
<rs id="t18760501-354-verdict-1" type="verdictDescription">
<interp inst="t18760501-354-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760501-354-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<p>
<hi rend="largeCaps">STEWARD</hi>
<hi rend="italic">
<rs id="t18760501-354-punishment-16" type="punishmentDescription">
<interp inst="t18760501-354-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18760501-354-punishment-16" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-354-18760501 t18760501-354-punishment-16"/>Five Years' Penal Servitude</rs> </hi>.</p>
<p>
<hi rend="largeCaps">JONES</hi>
<hi rend="italic">
<rs id="t18760501-354-punishment-17" type="punishmentDescription">
<interp inst="t18760501-354-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18760501-354-punishment-17" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-354-18760501 t18760501-354-punishment-17"/>Twelve Months' Imprisonment</rs> </hi>.</p> </div1>
<p>
<hi rend="largeCaps">FOURTH COURT</hi>.—
<hi rend="italic">Tuesday, May</hi> 2
<hi rend="italic">nd</hi>, 1876.</p>
<p>
<hi rend="italic">Before Robert Malcolm Kerr, Esq</hi>.</p>
<div1 type="trialAccount" id="t18760501-355">
<interp inst="t18760501-355" type="uri" value="sessionsPapers/18760501"/>
<interp inst="t18760501-355" type="date" value="18760501"/>
<join result="criminalCharge" id="t18760501-355-charge-1" targOrder="Y" targets="def1-355-18760501 t18760501-355-offence-1 t18760501-355-verdict-1"/>
<p>355.
<persName id="def1-355-18760501" type="defendantName">
<interp inst="def1-355-18760501" type="gender" value="female"/>
<interp inst="def1-355-18760501" type="age" value="25"/>
<interp inst="def1-355-18760501" type="surname" value="MURRAY"/>
<interp inst="def1-355-18760501" type="given" value="MARY ELIZABETH"/>
<hi rend="largeCaps">MARY ELIZABETH MURRAY</hi> (25)</persName>
<rs id="t18760501-355-offence-1" type="offenceDescription">
<interp inst="t18760501-355-offence-1" type="offenceCategory" value="sexual"/>
<interp inst="t18760501-355-offence-1" type="offenceSubcategory" value="bigamy"/>,
<hi rend="smallCaps">
<rs id="t18760501-355-verdict-1" type="verdictDescription">
<interp inst="t18760501-355-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760501-355-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi> to feloniously marrying
<persName id="t18760501-name-128" type="victimName">
<interp inst="t18760501-name-128" type="gender" value="male"/>
<interp inst="t18760501-name-128" type="surname" value="BAKER"/>
<interp inst="t18760501-name-128" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18760501-355-offence-1 t18760501-name-128"/> George Baker</persName> during the lifetime of her husband</rs>
<hi rend="italic">
<rs id="t18760501-355-punishment-18" type="punishmentDescription">
<interp inst="t18760501-355-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18760501-355-punishment-18" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-355-18760501 t18760501-355-punishment-18"/>Three Months' Imprisonment</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18760501-356">
<interp inst="t18760501-356" type="uri" value="sessionsPapers/18760501"/>
<interp inst="t18760501-356" type="date" value="18760501"/>
<join result="criminalCharge" id="t18760501-356-charge-1" targOrder="Y" targets="def1-356-18760501 t18760501-356-offence-1 t18760501-356-verdict-1"/>
<xptr type="pageFacsimile" doc="187605010034"/>
<p>356.
<persName id="def1-356-18760501" type="defendantName">
<interp inst="def1-356-18760501" type="gender" value="female"/>
<interp inst="def1-356-18760501" type="age" value="32"/>
<interp inst="def1-356-18760501" type="surname" value="SMITH"/>
<interp inst="def1-356-18760501" type="given" value="MARY"/>
<hi rend="largeCaps">MARY SMITH</hi> (32)</persName>
<rs id="t18760501-356-offence-1" type="offenceDescription">
<interp inst="t18760501-356-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18760501-356-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery with violence, together with a man and woman whose names are unknown, upon
<persName id="t18760501-name-130" type="victimName">
<interp inst="t18760501-name-130" type="gender" value="male"/>
<interp inst="t18760501-name-130" type="surname" value="WILLIAMS"/>
<interp inst="t18760501-name-130" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18760501-356-offence-1 t18760501-name-130"/>George Williams</persName>, and stealing a purse and money to the amount of 1
<hi rend="italic">l</hi>. 6
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-131" type="witnessName">
<interp inst="t18760501-name-131" type="gender" value="male"/>
<interp inst="t18760501-name-131" type="surname" value="FRITH"/>
<interp inst="t18760501-name-131" type="given" value="KEITH"/>MR. KEITH FRITH</persName> </hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. W. SLEIGH</hi>
<hi rend="italic">the Defence</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-132" type="witnessName">
<interp inst="t18760501-name-132" type="gender" value="male"/>
<interp inst="t18760501-name-132" type="surname" value="WILLIAMS"/>
<interp inst="t18760501-name-132" type="given" value="GEORGE"/>GEORGE WILLIAMS</persName> </hi>. I am a master mariner, and have been living on board the ship Fox in the East India Dock—I did not leave her until 6 o'clock on the evening of the 1st April—at 10.40 that evening I was going down the East India Dock Road to go on board—the prisoner and another female came up and spoke to me, and a man came afterwards—they wanted me to treat them with a glass of ale, I declined—they said they wanted to speak to me and walked about 30 or 40 yards down the street—I heard what they had to say and felt the prisoner's hand go into my pocket—I put my hand there directly and missed my purse—I held her for two or three minutes; she bit my hand and the blood was coming through her teeth—I held her until a policeman came up—it was after 9.30 when I know I had the sovereign, and I had put a 6
<hi rend="italic">d</hi>. into my purse not five minutes before—I heard the prisoner say "Here's the lump."</p>
<p>
<hi rend="italic">Cross-examined.</hi> They walked before me—it was in the British Admiral where I put the 6
<hi rend="italic">d</hi>. into my purse—I was there about half an hour—I had some ale there—there was only the landlord there, no ladies—it was not the only public-house I was in that night—I was there until very nearly 8 o'clock, not drinking from 6 till 8 o'clock, but talking—I drank a glass of ale and that's all—I walked down the road and bought a piece of meat and some potatoes after 8 o'clock till 10.40, and saw my master—I had nothing to drink with him—the girl told me I was tearing her dress by the grip I had of her—I was not two minutes in their company before I found my purse was gone—I took hold of both the women at the same time because I was not sure which had got ray purse.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-133" type="witnessName">
<interp inst="t18760501-name-133" type="gender" value="female"/>
<interp inst="t18760501-name-133" type="surname" value="BROMLEY"/>
<interp inst="t18760501-name-133" type="given" value="SARAH"/>SARAH BROMLEY</persName> </hi>. I am a searcher at the Poplar police-station—I searched the prisoner on Saturday night the 1st April—there was a half-crown in the hair of her jacket; 6
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. in one part of her pocket, and 1
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. in another part; a little pocket underneath her drew.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-134" type="witnessName">
<interp inst="t18760501-name-134" type="gender" value="male"/>
<interp inst="t18760501-name-134" type="surname" value="MARTIN"/>
<interp inst="t18760501-name-134" type="given" value="PATRICK"/>PATRICK MARTIN</persName> </hi> (
<hi rend="italic">Policeman K</hi> 648). I was called by some people and saw the prosecutor detaining the prisoner—he charged her with stealing his purse and money—she said he had torn her dress, I said "What have you to say about the money; "She said she did not know what to say about the money—the prosecutor was sober.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I asked her about the money, I did not mention the purse—the prosecutor charged her with stealing the purse—not the sovereign until he went to the station—she did not seem very excited—she com
<lb/>plained of the man tearing her jacket.</p>
<p>
<hi rend="smallCaps">
<rs id="t18760501-356-verdict-1" type="verdictDescription">
<interp inst="t18760501-356-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760501-356-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18760501-356-punishment-19" type="punishmentDescription">
<interp inst="t18760501-356-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18760501-356-punishment-19" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-356-18760501 t18760501-356-punishment-19"/>Eighteen Months' Imprisonment</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18760501-357">
<interp inst="t18760501-357" type="uri" value="sessionsPapers/18760501"/>
<interp inst="t18760501-357" type="date" value="18760501"/>
<join result="criminalCharge" id="t18760501-357-charge-1" targOrder="Y" targets="def1-357-18760501 t18760501-357-offence-1 t18760501-357-verdict-1"/>
<join result="criminalCharge" id="t18760501-357-charge-2" targOrder="Y" targets="def2-357-18760501 t18760501-357-offence-1 t18760501-357-verdict-1"/>
<p>357.
<persName id="def1-357-18760501" type="defendantName">
<interp inst="def1-357-18760501" type="gender" value="male"/>
<interp inst="def1-357-18760501" type="age" value="18"/>
<interp inst="def1-357-18760501" type="surname" value="PHILLIPS"/>
<interp inst="def1-357-18760501" type="given" value="JOHN JOSEPH"/>
<hi rend="largeCaps">JOHN JOSEPH PHILLIPS</hi> (18)</persName>,
<hi rend="italic">and</hi>
<persName id="def2-357-18760501" type="defendantName">
<interp inst="def2-357-18760501" type="gender" value="male"/>
<interp inst="def2-357-18760501" type="age" value="18"/>
<interp inst="def2-357-18760501" type="surname" value="CONNELL"/>
<interp inst="def2-357-18760501" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS CONNELL</hi> (18)</persName>
<rs id="t18760501-357-offence-1" type="offenceDescription">
<interp inst="t18760501-357-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18760501-357-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery with violence upon
<persName id="t18760501-name-137" type="victimName">
<interp inst="t18760501-name-137" type="gender" value="male"/>
<interp inst="t18760501-name-137" type="surname" value="MALONEY"/>
<interp inst="t18760501-name-137" type="given" value="JAMES"/>
<join result="offenceVictim" targOrder="Y" targets="t18760501-357-offence-1 t18760501-name-137"/>James Maloney</persName>, and stealing 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.</rs> </p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-138" type="witnessName">
<interp inst="t18760501-name-138" type="gender" value="male"/>
<interp inst="t18760501-name-138" type="surname" value="MLTCALFE"/>
<interp inst="t18760501-name-138" type="given" value="AUSTIN"/>MR. AUSTIN MLTCALFE</persName> </hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. C. MATHEWS</hi> </p>
<p>
<hi rend="italic">defended Phillips</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-139" type="witnessName">
<interp inst="t18760501-name-139" type="gender" value="male"/>
<interp inst="t18760501-name-139" type="surname" value="MALONEY"/>
<interp inst="t18760501-name-139" type="given" value="JAMES"/>JAMES MALONEY</persName> </hi>. I live at 128, Drury Lane, and am a labourer, engaged, on the Law Courts—on the Thursday night previous to Easter, I had been paid—I Cannot say whether it was 17
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. or 16
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—it was my week's;</p>
<xptr type="pageFacsimile" doc="187605010035"/>
<p>money—on the Monday afternoon, about 5 o'clock, I was coming along Stanhope Street, and I had 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. in my pocket—the prisoners came up to me; I can swear to Phillips, but not the other man—Phillips put his hand in my pocket and took the money—Connell had no hand in the robbery—I tried to keep hold of Phillips until a policeman came, and I received more than I could tell you, blows in the face—a hand was put over my eyes, and the other man took the money out of my pockets—I did see the man who had his baud over my eyes, they passed the money from one to the other—I received kicks and things about my face and body, and could not touch a bit of solid food for nine days—I was more fit to be in a hospital or lying in bed—I cannot say who kicked me; Phillips was beating me as well as the other—I saw a police-constable and gave him an account of what had happened—he took me to Eversley Court, where I saw Phillips, and as soon as I did I said "That is the man that robbed me, I can swear to him among a thousand."</p>
<p>
<hi rend="italic">Cross-examined.</hi> This was on Easter Monday—I had been drinking a little—I had seen the money in my pocket before I went into the last public-house; I believe I went into about two public-houses that day—I had not seen either of these men to my knowledge before; I went to my work on the next Wednesday.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-140" type="witnessName">
<interp inst="t18760501-name-140" type="gender" value="male"/>
<interp inst="t18760501-name-140" type="surname" value="COSTER"/>
<interp inst="t18760501-name-140" type="given" value="WILLIAM"/>WILLIAM COSTER</persName> </hi> (
<hi rend="italic">Policeman E</hi> 233). I saw the prosecutor on the after
<lb/>noon of the 17th April,. he made a complaint to me and gave a description of a man—I went, from that, down Stanhope Street, and saw the prisoner Phillips, at the bottom of Eversley Court—when he saw me he ran up the court, into the top house and on the third landing, where I caught him—I brought him down into the road where the prosecutor was—the prosecutor spoke first and said "That is the man that robbed me."</p>
<p>
<hi rend="italic">Cross-examined.</hi> Nothing was found upon Phillips.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-141" type="witnessName">
<interp inst="t18760501-name-141" type="gender" value="female"/>
<interp inst="t18760501-name-141" type="surname" value="WELCH"/>
<interp inst="t18760501-name-141" type="given" value="SUSAN"/>SUSAN WELCH</persName> </hi>. I am the wife of Michael Welch, No. 1, Eversley Court—on this afternoon I was in Eudell Street—there was a fight—I saw ap
<lb/>parently two men fighting with the prosecutor; I recognise Phillips—I said "What a shame for two of you to be fighting with one, man, was not one enough," when they up with their fist and hit me—they said nothing.</p>
<p>
<hi rend="italic">Cross-examined.</hi> There was a crowd gathering round.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-142" type="witnessName">
<interp inst="t18760501-name-142" type="gender" value="male"/>
<interp inst="t18760501-name-142" type="surname" value="MALONEY"/>
<interp inst="t18760501-name-142" type="given" value="JAMES"/>JAMES MALONEY</persName> </hi> (
<hi rend="italic">re-examined</hi>). I said before the Magistrate, "Connell came up and he and Phillips stood, one on each side of me, one of them took 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. from my pocket, and there was a third man; I afterwards pointed out Connell as the person who had robbed me"—what I said before the Magistrate I say now—I stand to it.</p>
<p>
<hi rend="smallCaps">
<rs id="t18760501-357-verdict-1" type="verdictDescription">
<interp inst="t18760501-357-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18760501-357-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18760501-358">
<interp inst="t18760501-358" type="uri" value="sessionsPapers/18760501"/>
<interp inst="t18760501-358" type="date" value="18760501"/>
<join result="criminalCharge" id="t18760501-358-charge-1" targOrder="Y" targets="def1-358-18760501 t18760501-358-offence-1 t18760501-358-verdict-1"/>
<p>358.
<persName id="def1-358-18760501" type="defendantName">
<interp inst="def1-358-18760501" type="gender" value="male"/>
<interp inst="def1-358-18760501" type="age" value="19"/>
<interp inst="def1-358-18760501" type="surname" value="HOUSTON"/>
<interp inst="def1-358-18760501" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY HOUSTON</hi> (19)</persName>
<rs id="t18760501-358-offence-1" type="offenceDescription">
<interp inst="t18760501-358-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760501-358-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing a jacket, value 5
<hi rend="italic">s</hi>., of
<persName id="t18760501-name-144" type="victimName">
<interp inst="t18760501-name-144" type="gender" value="female"/>
<interp inst="t18760501-name-144" type="surname" value="TERRY"/>
<interp inst="t18760501-name-144" type="given" value="ELIZABETH"/>
<join result="offenceVictim" targOrder="Y" targets="t18760501-358-offence-1 t18760501-name-144"/>Elizabeth Terry</persName>, a jacket, value 10
<hi rend="italic">s</hi>., of
<persName id="t18760501-name-145" type="victimName">
<interp inst="t18760501-name-145" type="gender" value="female"/>
<interp inst="t18760501-name-145" type="surname" value="DENNY"/>
<interp inst="t18760501-name-145" type="given" value="BRITANNIA"/>
<join result="offenceVictim" targOrder="Y" targets="t18760501-358-offence-1 t18760501-name-145"/>Britannia Denny</persName>, and a waterproof-cloak, value 5
<hi rend="italic">s</hi>., of
<persName id="t18760501-name-146" type="victimName">
<interp inst="t18760501-name-146" type="gender" value="female"/>
<interp inst="t18760501-name-146" type="surname" value="GUERIN"/>
<interp inst="t18760501-name-146" type="given" value="LUCY"/>
<join result="offenceVictim" targOrder="Y" targets="t18760501-358-offence-1 t18760501-name-146"/>Lucy Guerin</persName>.</rs> </p>
<p>
<hi rend="smallCaps">MR. TICKELL</hi>
<hi rend="italic">conducted the Prosecution</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-147" type="witnessName">
<interp inst="t18760501-name-147" type="gender" value="male"/>
<interp inst="t18760501-name-147" type="surname" value="SHRIVES"/>
<interp inst="t18760501-name-147" type="given" value="PHILIP"/>PHILIP SHRIVES</persName> </hi>. I am a detective officer—on 12th April, I was, at 8.30. in Carlisle Street, Soho Square—I saw the prisoner carrying this property under his arm—I stopped him; I told him I wanted him for something else—he said "What do you want me for"—I said "For what you have got here now"—I took him to the station, and on the way I told him I should further charge him with entering a house in Wardour Street—he said he knew nothing about it, and further the things were given to him by a woman to take to a wardrobe shop in Wardour Street.</p>
<xptr type="pageFacsimile" doc="187605010036"/>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-148" type="witnessName">
<interp inst="t18760501-name-148" type="gender" value="female"/>
<interp inst="t18760501-name-148" type="surname" value="TERRY"/>
<interp inst="t18760501-name-148" type="given" value="ELIZABETH"/>ELIZABETH TERRY</persName> </hi>. I am single, and live at No. 1, Milner-Street, Chelsea—this is my jacket, it is worth 5
<hi rend="italic">s</hi>.; I last saw it safe at 2 o'clock in the afternoon, when I returned from dinner, and I missed it at 9 o'clock in the evening, at 45, Grove Place, Brompton.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-149" type="witnessName">
<interp inst="t18760501-name-149" type="gender" value="female"/>
<interp inst="t18760501-name-149" type="surname" value="DENNY"/>
<interp inst="t18760501-name-149" type="given" value="BRITANNIA"/>BRITANNIA DENNY</persName> </hi>. I recognise this jacket (
<hi rend="italic">produced</hi>)—I last saw it safe at 7.30, at 45, Grove Place—I missed it at 9 o'clock, its value is 12
<hi rend="italic">s</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-150" type="witnessName">
<interp inst="t18760501-name-150" type="gender" value="male"/>
<interp inst="t18760501-name-150" type="surname" value="GOUGH"/>
<interp inst="t18760501-name-150" type="given" value="JOSEPH"/>JOSEPH GOUGH</persName> </hi>. I live at 33, Pavilion Road; I know 45, Grove Place—I was working next door—on this evening I saw the prisoner standing on the step of that door.</p>
<p>
<hi rend="italic">Prisoner's Defence</hi>. It is false; I was not down that way at all; I was at Whitechapel.</p>
<p>
<hi rend="smallCaps">
<rs id="t18760501-358-verdict-1" type="verdictDescription">
<interp inst="t18760501-358-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760501-358-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<p>
<hi rend="italic">He also</hi>
<hi rend="smallCaps">PLEADLD GUILTY</hi>
<hi rend="italic">to being convicted at this Court on the</hi> 4
<hi rend="italic">th of May</hi>, 1874—
<hi rend="italic">
<rs id="t18760501-358-punishment-20" type="punishmentDescription">
<interp inst="t18760501-358-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18760501-358-punishment-20" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-358-18760501 t18760501-358-punishment-20"/>Seven Years' Penal Servitude</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18760501-359">
<interp inst="t18760501-359" type="uri" value="sessionsPapers/18760501"/>
<interp inst="t18760501-359" type="date" value="18760501"/>
<join result="criminalCharge" id="t18760501-359-charge-1" targOrder="Y" targets="def1-359-18760501 t18760501-359-offence-1 t18760501-359-verdict-1"/>
<join result="criminalCharge" id="t18760501-359-charge-2" targOrder="Y" targets="def2-359-18760501 t18760501-359-offence-1 t18760501-359-verdict-2"/>
<p>359.
<persName id="def1-359-18760501" type="defendantName">
<interp inst="def1-359-18760501" type="gender" value="female"/>
<interp inst="def1-359-18760501" type="age" value="25"/>
<interp inst="def1-359-18760501" type="surname" value="SPRY"/>
<interp inst="def1-359-18760501" type="given" value="ELIZABETH"/>
<hi rend="largeCaps">ELIZABETH SPRY</hi> (25)</persName>
<hi rend="italic">and</hi>
<persName id="def2-359-18760501" type="defendantName">
<interp inst="def2-359-18760501" type="gender" value="male"/>
<interp inst="def2-359-18760501" type="age" value="29"/>
<interp inst="def2-359-18760501" type="surname" value="SPRY"/>
<interp inst="def2-359-18760501" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN SPRY</hi> (29)</persName>
<rs id="t18760501-359-offence-1" type="offenceDescription">
<interp inst="t18760501-359-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760501-359-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, Stealing 2
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>., money of
<persName id="t18760501-name-153" type="victimName">
<interp inst="t18760501-name-153" type="gender" value="male"/>
<interp inst="t18760501-name-153" type="surname" value="DOLAMORE"/>
<interp inst="t18760501-name-153" type="given" value="BENJAMIN"/>
<join result="offenceVictim" targOrder="Y" targets="t18760501-359-offence-1 t18760501-name-153"/>Benjamin Dolamore</persName>, master of Elizabeth Spry.
<hi rend="italic">Second Count</hi>
<hi rend="largeCaps">JOHN SPRY</hi> receiving the same.</rs> </p>
<p>
<hi rend="largeCaps">ELIZABETH SPRY</hi>
<hi rend="smallCaps">
<rs id="t18760501-359-verdict-1" type="verdictDescription">
<interp inst="t18760501-359-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760501-359-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>.</p>
<p>
<hi rend="smallCaps">MR. TICKELL</hi>
<hi rend="italic">conducted the Prosecution;</hi>
<hi rend="smallCaps">MR. RIBTON</hi>
<hi rend="italic">defended John Spry</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-154" type="witnessName">
<interp inst="t18760501-name-154" type="gender" value="male"/>
<interp inst="t18760501-name-154" type="surname" value="DAVIS"/>
<interp inst="t18760501-name-154" type="given" value="JOHN"/>JOHN DAVIS</persName> </hi> (
<hi rend="italic">City Detective</hi>). On 7th April I was employed by Mr. Dolamore to watch the prisoners—I marked about 25
<hi rend="italic">s</hi>., consisting of shillings and sixpences—I went into the public-house about 10.45; the male prisoner had just gone in—the female prisoner was there—John Spry remained half an hour—the two prisoners had a conversation together, which I did not hear—the male prisoner ordered a glass of ale—no change was given—he left, and I remained until a little before 12 o'clock, when he came back—the female prisoner had been away, but came in again—John Spry called for a glass of ale, and paid 6
<hi rend="italic">d</hi>. for it to the female prisoner—I saw her put the 6
<hi rend="italic">d</hi>. on the side of the till, and she gave him in change two or three pieces of silver and some coppers—he put them in his trousers' pocket—some time previously I had given Roper this shilling (
<hi rend="italic">produced</hi>)which is marked, to pass over the bar to the female prisoner—when the male pri
<lb/>soner left I followed him, and told him I was a detective officer, and said "Roper told me you gave the barmaid a 1
<hi rend="italic">s</hi>. and in change you received 3
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>."—he said "That cannot be, because I have got no money on me"—I took him to the Bishopsgate police-station, searched him, and found 6
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>., 2
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>. in coppers and is. 6
<hi rend="italic">d</hi>. in silver, amongst which was this marked shilling and these sixpences—I then went back to the female prisoner, and told her I should take her in custody and charge her with stealing 2
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>., the monies of her master, Mr. Dolamore, she made no reply—I then took her to the station, and the male prisoner, directly we got inside, said "You don't know me, do you?"—she said "No, I never saw you before, only coming to Mr. Dolamore's as a customer"—the male prisoner refused his name and address, and the female prisoner gave her address as 43, St. Peter Street, Cambridge Road, Mile End—in bringing him in the morning to the police-court he told me they were man and wife, both living at the same address.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>. The man was sober at the time I took him—I have heard he has been ill ever since in prison—I do not mean to swear that he could not have paid without my seeing him—I was next to him all the time—one of the two sixpences was given to one of our ser
<lb/>geants' wives to purchase something—she is not here—the other marked</p>
<xptr type="pageFacsimile" doc="187605010037"/>
<p>sixpence was given to a young man I know, who bought a small bottle, of stout; he is not called—these were found upon John Spry—that is all the marked money found upon him.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-155" type="witnessName">
<interp inst="t18760501-name-155" type="gender" value="male"/>
<interp inst="t18760501-name-155" type="surname" value="ROPER"/>
<interp inst="t18760501-name-155" type="given" value="THOMAS"/>THOMAS ROPER</persName> </hi> (
<hi rend="italic">City Detective</hi> 925). I was employed by Mr. Dolamore, through Davis, to watch the prisoners—about 12.20 I was outside the Four Swans, and the last witness gave me this marked shilling—I went into the public-house with a police-constable in plain clothes; I called for a pint of ale, and tendered this 1
<hi rend="italic">s</hi>.—the female prisoner was serving in the bar—she put the 1
<hi rend="italic">s</hi>. in a till right opposite; it was a sort of a table, with holes in it—I saw the male prisoner there; he was engaged in buying a pair of boots off a man—I heard him order "2
<hi rend="italic">d</hi>. worth of gin and a glass of sherry," and he threw 1
<hi rend="italic">s</hi>. on the counter—the female prisoner served him, and in change gave him 3
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>., she dropped it into his hand.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>. I say she put the 1
<hi rend="italic">s</hi>. in the till—I said before the Magistrate "She put it in a tray opposite the door," it is one and the same thing, it is a nest of bowls—I suppose it was put in among other silver—he received five coins in change—I was close beside him and my eyes were on him all the time—I saw where she took the money from, and she put it right into the man's hand; it was 3
<hi rend="italic">s</hi>. and 2
<hi rend="italic">d</hi>.—her hand was closed when bringing it to him, but his was open.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-156" type="witnessName">
<interp inst="t18760501-name-156" type="gender" value="male"/>
<interp inst="t18760501-name-156" type="surname" value="DOLAMORE"/>
<interp inst="t18760501-name-156" type="given" value="BENJAMIN"/>BENJAMIN DOLAMORE</persName> </hi>. I keep the Four Swans tavern, Bishopsgate-Street—Elizabeth Spry was in my service as barmaid; she entered it on the 22nd February last—I communicated with the police—before she entered my service I did not see John Spry, but afterwards I saw him frequently in the front bar, several times a day—on Thursday, 6th April, I watched Elizabeth Spry—she was charged on Friday the 7th—I saw her leave and followed her, she met the male prisoner, and they went to the Pavilion Theatre.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. RIBTON</hi>. In company with Davis I marked 25
<hi rend="italic">s</hi>.—Davis took care of it to pass over the counter, I have some in my bag—Davis passed 11
<hi rend="italic">s</hi>. over the counter—he marked the 1
<hi rend="italic">s</hi>. (
<hi rend="italic">produced</hi>) in my presence—I marked no money at all, he marked them and I examined them—the mark is in the "o"—the till is behind the counter, a nest of bowls, we keep no gold there; wo keep coppers and small silver, not large silver; half-crowns are put behind in a slip.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-157" type="witnessName">
<interp inst="t18760501-name-157" type="gender" value="female"/>
<interp inst="t18760501-name-157" type="surname" value="DONCASTER"/>
<interp inst="t18760501-name-157" type="given" value="REBECCA"/>REBECCA DONCASTER</persName> </hi>. I am head barmaid to Mr. Dolamore—I know the male prisoner by sight quite well—I have seen him frequently—I was there when Elizabeth Spry came into the service—I had not seen John Spry be
<lb/>fore that—as a rule the female prisoner served him—I have served him, but very seldom—the price of
<hi rend="italic">a gin</hi> is 5
<hi rend="italic">d</hi>. and 6
<hi rend="italic">d</hi>.; an ordinary gin 2
<hi rend="italic">d</hi>.—the price of sherry would be
<hi rend="italic">id</hi>. and 6
<hi rend="italic">d</hi>.</p>
<p>
<hi rend="smallCaps">
<rs id="t18760501-359-verdict-2" type="verdictDescription">
<interp inst="t18760501-359-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18760501-359-verdict-2" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<p>
<hi rend="italic">The female prisoner received a good character</hi>.</p>
<p>
<hi rend="italic">A previous conviction was proved against John Spry—
<rs id="t18760501-359-punishment-21" type="punishmentDescription">
<interp inst="t18760501-359-punishment-21" type="punishmentCategory" value="noPunish"/>
<interp inst="t18760501-359-punishment-21" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-359-18760501 t18760501-359-punishment-21"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-359-18760501 t18760501-359-punishment-21"/>Judgment respited</rs> </hi>.</p> </div1>
<p>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, May</hi> 3
<hi rend="italic">rd, and Thursday</hi> 4
<hi rend="italic">th</hi>, 1876.</p>
<p>
<hi rend="italic">Before Mr. Justice Brett</hi>.</p>
<div1 type="trialAccount" id="t18760501-360">
<interp inst="t18760501-360" type="uri" value="sessionsPapers/18760501"/>
<interp inst="t18760501-360" type="date" value="18760501"/>
<join result="criminalCharge" id="t18760501-360-charge-1" targOrder="Y" targets="def1-360-18760501 t18760501-360-offence-1 t18760501-360-verdict-3"/>
<join result="criminalCharge" id="t18760501-360-charge-2" targOrder="Y" targets="def2-360-18760501 t18760501-360-offence-1 t18760501-360-verdict-3"/>
<join result="criminalCharge" id="t18760501-360-charge-3" targOrder="Y" targets="def3-360-18760501 t18760501-360-offence-1 t18760501-360-verdict-2"/>
<join result="criminalCharge" id="t18760501-360-charge-4" targOrder="Y" targets="def4-360-18760501 t18760501-360-offence-1 t18760501-360-verdict-3"/>
<join result="criminalCharge" id="t18760501-360-charge-5" targOrder="Y" targets="def5-360-18760501 t18760501-360-offence-1 t18760501-360-verdict-3"/>
<join result="criminalCharge" id="t18760501-360-charge-6" targOrder="Y" targets="def6-360-18760501 t18760501-360-offence-1 t18760501-360-verdict-1"/>
<join result="criminalCharge" id="t18760501-360-charge-7" targOrder="Y" targets="def7-360-18760501 t18760501-360-offence-1 t18760501-360-verdict-2"/>
<join result="criminalCharge" id="t18760501-360-charge-8" targOrder="Y" targets="def8-360-18760501 t18760501-360-offence-1 t18760501-360-verdict-2"/>
<p>360.
<persName id="def1-360-18760501" type="defendantName">
<interp inst="def1-360-18760501" type="gender" value="male"/>
<interp inst="def1-360-18760501" type="age" value="36"/>
<interp inst="def1-360-18760501" type="surname" value="CARGALIS"/>
<interp inst="def1-360-18760501" type="given" value="MATTEO"/>
<hi rend="largeCaps">MATTEO CARGALIS</hi>,
<hi rend="italic">otherwise called
<rs id="t18760501-alias-1" type="alias">
<join result="nameAlias" targOrder="Y" targets="def1-360-18760501 t18760501-alias-1"/>French Peter</rs> </hi> (36),</persName>
<persName id="def2-360-18760501" type="defendantName">
<interp inst="def2-360-18760501" type="gender" value="male"/>
<interp inst="def2-360-18760501" type="age" value="21"/>
<interp inst="def2-360-18760501" type="surname" value="CACARIS"/>
<interp inst="def2-360-18760501" type="given" value="GIOVANNI"/>
<hi rend="largeCaps">GIO
<lb/>VANNI CACARIS</hi>,
<hi rend="italic">called
<rs id="t18760501-alias-2" type="alias">
<join result="nameAlias" targOrder="Y" targets="def2-360-18760501 t18760501-alias-2"/>Joe the Cook</rs> </hi> (21),</persName>
<persName id="def3-360-18760501" type="defendantName">
<interp inst="def3-360-18760501" type="gender" value="male"/>
<interp inst="def3-360-18760501" type="age" value="30"/>
<interp inst="def3-360-18760501" type="surname" value="LEOSIS"/>
<interp inst="def3-360-18760501" type="given" value="PAROSCOS"/>
<hi rend="largeCaps">PAROSCOS LEOSIS</hi>,
<hi rend="italic">called
<rs id="t18760501-alias-3" type="alias">
<join result="nameAlias" targOrder="Y" targets="def3-360-18760501 t18760501-alias-3"/>Nicolas</rs> </hi> (30),</persName>
<persName id="def4-360-18760501" type="defendantName">
<interp inst="def4-360-18760501" type="gender" value="male"/>
<interp inst="def4-360-18760501" type="age" value="33"/>
<interp inst="def4-360-18760501" type="surname" value="CALUDIS"/>
<interp inst="def4-360-18760501" type="given" value="PASCALES"/>
<hi rend="largeCaps">PASCALES CALUDIS</hi>,
<hi rend="italic">called
<rs id="t18760501-alias-4" type="alias">
<join result="nameAlias" targOrder="Y" targets="def4-360-18760501 t18760501-alias-4"/>Big Harry</rs> </hi> (33),</persName>
<persName id="def5-360-18760501" type="defendantName">
<interp inst="def5-360-18760501" type="gender" value="male"/>
<interp inst="def5-360-18760501" type="age" value="22"/>
<interp inst="def5-360-18760501" type="surname" value="KAIDA"/>
<interp inst="def5-360-18760501" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE KAIDA</hi>,
<hi rend="italic">called
<rs id="t18760501-alias-5" type="alias">
<join result="nameAlias" targOrder="Y" targets="def5-360-18760501 t18760501-alias-5"/>Lips</rs> </hi> (22),</persName>
<persName id="def6-360-18760501" type="defendantName">
<interp inst="def6-360-18760501" type="gender" value="male"/>
<interp inst="def6-360-18760501" type="age" value="27"/>
<interp inst="def6-360-18760501" type="surname" value="RENKEN"/>
<interp inst="def6-360-18760501" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES RENKEN</hi>,
<hi rend="italic">called
<rs id="t18760501-alias-6" type="alias">
<join result="nameAlias" targOrder="Y" targets="def6-360-18760501 t18760501-alias-6"/>Charley</rs> </hi> (27),</persName>
<persName id="def7-360-18760501" type="defendantName">
<interp inst="def7-360-18760501" type="gender" value="male"/>
<interp inst="def7-360-18760501" type="age" value="34"/>
<interp inst="def7-360-18760501" type="surname" value="GREEN"/>
<interp inst="def7-360-18760501" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE GREEN</hi>,
<hi rend="italic">called
<rs id="t18760501-alias-7" type="alias">
<join result="nameAlias" targOrder="Y" targets="def7-360-18760501 t18760501-alias-7"/>Boatswain</rs> (34),</hi> </persName>
<hi rend="italic">and</hi>
<persName id="def8-360-18760501" type="defendantName">
<interp inst="def8-360-18760501" type="gender" value="male"/>
<interp inst="def8-360-18760501" type="age" value="19"/>
<interp inst="def8-360-18760501" type="surname" value="ANGELOS"/>
<interp inst="def8-360-18760501" type="given" value="GEORGIOS"/>
<hi rend="largeCaps">GEORGIOS ANGELOS</hi>,
<hi rend="italic">called
<rs id="t18760501-alias-8" type="alias">
<join result="nameAlias" targOrder="Y" targets="def8-360-18760501 t18760501-alias-8"/>little George</rs> </hi> (19),</persName> were indicted for
<rs id="t18760501-360-offence-1" type="offenceDescription">
<interp inst="t18760501-360-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18760501-360-offence-1" type="offenceSubcategory" value="murder"/> the wilful murder of
<persName id="t18760501-name-166" type="victimName">
<interp inst="t18760501-name-166" type="gender" value="male"/>
<interp inst="t18760501-name-166" type="surname" value="HATFIELD"/>
<interp inst="t18760501-name-166" type="given" value="STANLEY"/>
<join result="offenceVictim" targOrder="Y" targets="t18760501-360-offence-1 t18760501-name-166"/>Stanley Hatfield</persName> on the high seas within the jurisdiction of the Admiralty of England.</rs> </p>
<xptr type="pageFacsimile" doc="187605010038"/>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-167" type="witnessName">
<interp inst="t18760501-name-167" type="gender" value="indeterminate"/>
<interp inst="t18760501-name-167" type="surname" value="SOLICITOR-GENERAL"/>
<interp inst="t18760501-name-167" type="given" value="ATTORNEY-GENERAL,"/>THE ATTORNEY-GENERAL, THE SOLICITOR-GENERAL</persName> </hi>,
<hi rend="italic">with</hi>
<hi rend="smallCaps">MESSRS. POLAND</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">BOWEN</hi>
<hi rend="italic">conducted the Prosecution:</hi>
<hi rend="smallCaps">MR. SERJEANT SLEIGH</hi>
<hi rend="italic">with</hi>
<hi rend="smallCaps">MR. MOSELEY</hi>
<hi rend="italic">appeared for Caludis and Kaida;</hi>
<hi rend="smallCaps">MR. WOOLF</hi>
<hi rend="italic">for Leosis and Green;</hi>
<hi rend="smallCaps">MESSRS. STRAIGHT</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">C. MATHEWS</hi>
<hi rend="italic">for Cacaris and Angelos; and</hi>
<hi rend="smallCaps">MESSRS. WARNER SLEIGH</hi> and
<hi rend="smallCaps">KEISCH</hi> for
<hi rend="italic">Renken</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-168" type="witnessName">
<interp inst="t18760501-name-168" type="gender" value="female"/>
<interp inst="t18760501-name-168" type="surname" value="HOYDONCK"/>
<interp inst="t18760501-name-168" type="given" value="CONSTANT VON"/>CONSTANT VON HOYDONCK</persName> </hi>. I am a Belgian—I am twenty-five years of age—I joined the vessel called the Lennie at Antwerp on 22nd October last, she was a British ship, sailing under the English flag, belonging to the port of Yarmonth, in Nova Scotia—the captain's name was Stanley Hatfield, he was a French Canadian—the chief mate was Joseph Wortley, and the second mate Richard Macdonald; they were Engish man—when I joined those three officers were the officers of the ship—Henry Trousillot joined at the same time as I did, he is a Dutchman, born at Amsterdam; he is about sixteen years of age—I was the chief steward—Trousillot was the cabin boy or under steward—these (
<hi rend="italic">produced</hi>)are the ship's articles which I and Trou
<lb/>sillot signed—at the time I joined there was no crew to the vessel—after
<lb/>wards the eight prisoners and three other men joined the Lennie at Antwerp all together; they were brought there from London by the ship's agent, Mr. Long; they all signed the ship's articles in the presence of the English Consul, and also the agent, the captain, and me—the other three men besides the prisoners were Lettis, an Austrian, Peter Petersen, a
<hi rend="italic">Dane</hi>, and John Moore—when the articles were signed the captain said to the shipping master, Mr. Long, also to the English Consul "They are all foreigners and very little English they understand, and I would sooner have a boatswain on board that could talk to them, are there any of you men that can talk English," and Green was picked out to act as boatswain, he was not entered to act as boatswain, but it was arranged if he did his duty properly that he was to have boatswain's pay, and in case he could not do his duty the cap
<lb/>tain could say "You can go forwards; "He was to have 30
<hi rend="italic">s</hi>. a month extra—the captain appointed him boatswain, he told him to act as boatswain and officer of the ship—Green speaks English, also Greek, Italian, and Austrian, that is all that I am aware of; he might speak more languages, but I don't know—I am not quite sure of the day the men joined, I believe it was the 24th; it was on the Monday they came on board, and on the Monday we sailed—we were bound for New Orleans and Savannah—the ship was a teetotal ship, there were no spirits allowed—everything went on well at first, pretty fair—the chief mate's watch was from 12 o'clock at night till 4 in the morning; I think the men in his watch were French Peter for one, that was the name I knew him by, Big Harry, Lips, Charley Renken, Peter Petersen, and the boatswain—I could not tell you all, but that is as near as I can pos
<lb/>sibly tell—on the morning of 31st October I was in my berth in the cabin in the after part of the vessel where all the officers of the ship are—at 4.20 in the morning I heard a noise on deck, the first I heard was a rushing on deck, the same as if they were all rushing after somebody—they were putting the ship about—I heard the captain say "Tack in the sheet," and I heard him say 'Men, keep sail all, d—it you are no men, you are a lot of soldiers, you are no sailors whatever"—I heard a kicking on deck then, the same as if somebody was lying on deck kicking with his feet; that was about two seconds after I heard the captain holloaing, by my idea I thought his throat must have been cut, by the way he holloaed—Trousillot was lying in his bunk underneath me, and I said to him "Turn out Harry, and see what time it is"—he turned out out of my room and</p>
<xptr type="pageFacsimile" doc="187605010039"/>
<p>went into the cabin and looked at the clock, and said it was 4.25—I then said "Hurry up, and make the coffee ready"—for that purpose he would have to go up the companion and up on the deck.</p>
<p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. I thought at the time that the captain's throat was being cut when I heard the holloaing—I thought there was something wrong on deck above my head; that they were ill-treating the captain.</p>
<p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">MR. POLAND</hi>. Trousillot went up the companion about six steps and found both doors shut, one from the starboard and one from the port side—I did not see him go up because I was in my berth dressing myself—he came back at the same moment; he only went up and came back again—he made a statement to me; he said there were two men, and they said there was plenty of time between this and 8 o'clock to make coffee—I then turned out and went to the companion myself; I went up the ladder and tried to open the doors—I opened the door a little, about 2 inches, and saw that there was a rope round the companion, which prevented their opening, and two men, Big Harry and Lips, asked me what I wanted—I said I wanted to go down to the galley—Big Harry spoke; he said "Plenty of time between this and 8 o'clock; you stop down below"—he spoke in English—8 o'clock was the usual time at which the coffee was given out—I then went into the chief mate's room, which was the nearest room to me—there was nobody there—I then went to the second mate's room, then to the next room, the boatswain's room; he was not there—I then went to the captain's state room; he was not there—I went to the captain's pillow; it was standing up in his bed; and I found there two revolvers, loaded, one with six shots and one with four—I took possession of them and put them in my pockets—I then stood on the cabin table in the after cabin and lifted the skylight up, and tried to get out there—Renken was standing at the wheel, and he called out, "Come aft, boys; the steward is coming out of the skylight"—I then closed the skylight and came down again—the after skylight was close to the wheel; about 10 feet as near as I could guess—I could see him; the light used for the compass is in the skylight, and the wheel is just at the back of it; the light is fastened to the skylight to light the compass, and the compass is just in front of the wheel—before I could get the skylight closed I heard their steps coming aft, and I went down into the cabin and told the boy to light a fire—shortly afterwards I heard five shots fired on deck; they were fired about a second after each other, as near as I could say—I heard a rush on the deck afterwards, the same as if somebody was running on deck—I could not judge which way they were running; the noise on the deck and the vessel being in ballast, you could hear as well aft as forward, and you could not say which way they did run—the shots were fired about twenty minutes after I heard the captain call out, as near as I can say—as soon as I heard the five shots I expected the men would come down for me, and I put the revolvers away in my locker; I then took it into my head to take the revolvers in my possession and chance it; if the men came down to me to do anything wrong, to save myself—I put them in my pockets, one on each side—about 5.50 Green the boatswain came down first, and French Peter, Big Harry, and all the other lot followed; the deck was left without anybody, and the wheel too—they came into the cabin; Trousillot was there as well—they did not speak at first—the first thing they did was to rub me over; they could not
<hi rend="italic">feel</hi> anything; I had the two revolvers on me, but they did not feel them—French Peter and Big Harry felt me over; all the others were present—</p>
<xptr type="pageFacsimile" doc="187605010040"/>
<p>Green then said, "Well, steward, we have finished now"—I said "What the hell did you finish?"—he said, "We have finished captain, mate, and second; can you navigate?"—I said "Yes, I understand a little"—he said "We got our mind made up to go to Greece; if you like to save your own life you had better take charge of the ship and bring us to Greece. You bring us to Gibraltar, we will find Greece; you bring us there you will be right, steward. We will take the boats when we
<hi rend="italic">get</hi> to Greece, and take the sails and everything into the boats, and sell them ashore and divide the money between ourselves. You will have your share, the same as anybody else; the charts and sextants, and all that belongs to the navigation, you can have. Me and my cousin Johnny Moore have got a rich uncle; he will buy everything. We will scuttle the ship. My uncle is a large owner there of some ships; we will see you right, that you be master of one of those vessels"—I said "Well, men, come on deck and get them braces ready, and I hope you will all agree and also obey my orders"—the other men said' All right, steward; very good, very good, steward; you do this, you do that, steward, you do right"—that was all I could hear of them, from everybody—the conversation between me and Green was in English, and everybody standing round—he spoke to the other men in Greek, what he said in Greek I don't know—I said "Where are the bodies, where is the captain?"—Green said "Oh, they are all right, they are overboard;" and all the men said the same—nothing more passed in the cabin—we came on deck then and worked the ship, got the ship braced up, squared and put the sails she wanted on to her and sheet and tacks and everything placed, and kept her away for the Bristol Channel—I was 180 miles from Falmouth when this happened—I told them how to steer—I gave them the course and told them we were going to Greece, but I put the ship for the Bristol Channel—it was about 6.30 when I went on deck—the charts were in the captain's room—I and the captain used to prick off the. courses at dinner time, the steward most always does that, and it was from that I knew the course and judged the position of the ship—I did that day by day—when I got on deck I saw blood on the after deck, close to the cabin all over, full of blood on the poop, on the starboard side by the cabin door—I also saw on the poop a coat belonging to the captain, a pair of wooden clogs and a hat of the captain's, they were close to where the blood was—I did not examine them to notice whether there was any blood on them—I left them there, somebody took them away afterwards—I don't know what became of them—I also saw blood on the main deck on the starboard side close to the main mast, about 2 feet from it—I went forward from there to the starboard side of the forerigging, I also saw blood there, on the deck and up the rigging, about 8 feet high there were two or three spots—that was all I noticed then—the captain and the two officers where nowhere to be seen—I never saw anything of them afterwards—I had command of the ship—the deck was then washed all over, everywhere the blood was they washed it off—I did not tell them, they washed the deck of their own order, of their own command—I saw Big Harry, French Peter, Joe the Cook, Nicolas, and Petersen wash the deck, and Renken was at the wheel—the ship had her name on her and also the boats, and they cut the names off the ship and also off the boats—the ship's name was on each side of the quarter, the starboard quarter and the port quarter, and also forward on each side of the bow there was "Lennie, of Yarmouth, Nova Scotia"—the name was gilt on a</p>
<xptr type="pageFacsimile" doc="187605010041"/>
<p>piece of wood on each side—they cut the board off—Joe the Cook, the Boatswain, Lips, and Little George did that—French Peter was also painting on the stern, painting out the name and where the vessel belonged to, and Nicolas was helping; Renken passed the paint pot over; the Boatswain made the paint, and the names were taken from the ship and the boats as I have described—after that all hands came down to the cabin to breakfast—there was a man at the wheel, but who he was when we went to break
<lb/>fast I can't say; my belief is that it was Petersen, but I can't tell—Johnny Moore took charge of the key of the medicine chest and the remainder of the crew were all through the captain's, mate's, and second mate's rooms to get anything out that was of any value or any good and carried it forward to the forecastle—I only saw three of them carrying things, French Peter, Big Harry, and Lips—I also saw Big Harry wearing the captain's clothing aboard the ship, and he occupied the captain's berth and the captain's bed—until that day I was not aware that any of the prisoners had a revolver or a pistol of any kind—I saw a pistol about 10 o'clock that morning in the possession of Joe the Cook, it had a broken barrel—it was an old horse pistol with two barrels, one was broken, it was about 10 inches long—I asked him where he got it—he said it was no good—I said "You had better heave it overboard, you don't want that now"—I did not see any more of it—I don't know if he heaved it overboard or what he did with it—I saw it fifteen days afterwards when the ship was searched—it was found by one of the French officers on a shelf in the Boatswain's berth—I took charge of the ship and gave the orders, and the men obeyed me—I kept one watch and the Boatswain kept another—at 8 o'clock next morning Charley Renken was at the wheel, and he said to me "Steward, you are not going for Greece, you are going for some part of the channel, I can see it on the water"—I said "You mind your own business, I am master now, I have got charge of the ship, and I don't want to be ordered by you, if you don't keep quiet and civil I will blow your brains out, and that quick"—he was then relieved from the wheel at 10 o'clock by Petersen, and he went forward and said to the men "The steward is going to sell us, he is not going to Greece, he is going to the Channel"—all hands then came aft and Big Harry said "Where are you going"—I told them that I was going to Greece, and if they left me alone and minded their own business I would bring them to Greece—they were satisfied so far that it was my intention to go to Greece—nothing particular occurred further that day—at 11.30 I altered my course for the French coast; it was my intention to run for Brest—we reached the French coast on 4th November, the Isle de Re, about 8.30 at night; I went into the bay, it was a very misty night and very blowey, fearful weather—I saw several lights as we neared the island of Salos de Leon, the men came aft and Big Harry said "Steward what are you doing in here, you see there is land all round you, look at all the lights here"—I said ""Never you mind, I know where I am, I think it is better for us to go anchor here and he here till we get a fair wind, what is the good for you to be pulling and hauling, and killing yourselves night and day, and making no headway, because the wind is bad, we may just as well have a night's rest of it and go anchor"—French Peter said "No, we will make no anchor, we don't "want to go no anchor, we will lay the ship to and shorten her sails"—I said "All right, anything pleases me," and we shortened sail, lay to and let the ship drift about till about 5 o'clock in the morning—that night I gave the</p>
<xptr type="pageFacsimile" doc="187605010042"/>
<p>boy Troussilot a paper to copy in French and English—this (
<hi rend="italic">produced</hi>) is one of them—some of these papers were written out and pat in bottles, only about half a dozen were written that night, because I had no more bottles at present; I put the paper in bottles, corked them up and threw them overboard—I have been since shown some of the bottles. (Mr. Poland
<hi rend="italic">proposed to read the document</hi>, Mr. Serjeant Sleigh
<hi rend="italic">objected, and the Court ruled that it could not be read, it not having been seen or read by any of the prisoners</hi>). On the night of 4th November, I had a conversation with Joe the Cook, as we were walking on deck keeping the watch, no one else was present—he said "Steward don't you be afraid, they won't kill you, they wont do you anything as long as you see us right to Greece, we have done enough, we have killed three, we don't want to do no more, but I am afraid they will kill the boy, because they are afraid when he comes ashore at Greece, or anywhere he will split upon them and tell the tale"—I said "I will look out for that, that he wont say nothing, it is only his first voyage at sea, leave him alone, if you do anything to the boy it will only be life for life, my life is just as sweet as the boy's, and I will take the boy's part"—afterwards French Peter and Big Harry said "All right steward, we can trust to you, you promise that he wont say nothing when he does get ashore, you look out that everything will be right, wont you steward," and I said "Yes, you leave the boy alone"—that must have been on the night of the 4th—none of the other prisoners spoke about the boy—at 5 o'clock on the morning of the 5th, the Boatswain came down and said that he had orders to tell me to take the ship out to sea again, and to leave the port as soon as we possibly could—I said "All right, but why don't you let us lie here Boatswain, let us anchor here, there is a head wind, can't you see"—he said "No, you want to sell all my countrymen, don't you"—I said "You are the only officer in the vessel and you are bound to take my part before anybody else; never mind Boatswain, you are no friend of mine"—he made no reply—I then went on deck, took charge of the vessel and brought her out again to sea—when we got away five miles from the laud I was standing on the poop, and French Peter said to me "I will have to do with you the same as I have done with the others, you-will sell us all"—I said "Well, if you think so you had better take charge yourself, I won't do no more"—then Peter Petersen took charge of the ship until the 6th—the ship was all that time running away from the port—Petersen did not change his berth when he took charge of the ship; he occupied the second mate's berth—on the evening of the 6th Big Harry came down to me, and said "Steward, will you take charge of the ship again?"—I said "No, go to Peter Petersen; he has got charge; let him finish it now, I will do no more"—then he said "Tell me where the land is lying, which way to keep for the land; I want to see the land"—I said "Peter Petersen is the captain of the vessel, go and ask him; don't come and ask me"—that same evening French Peter, Joe the Cook, Nicolas, Big Harry, Lips, and Charley Renken came down; the other five were on deck—Big Harry said "Steward, you must take charge of the ship, that fellow can't navigate"—I said "Well, I will take charge of the ship on condition that you will leave me alone and let me have my way, and I will see you right. When I see that the weather is no) worse than it is now I will go in port and lay anchor, and when there comes a fair wind I will take the ship to Gibraltar," and Big Harry made an ex
<lb/>pression to the crew that the first man that interfered with the steward he</p>
<xptr type="pageFacsimile" doc="187605010043"/>
<p>would cut his ears off—this was said in the cabin—it was blowing fearfully from the westward at this time—I then took charge of the vessel, and put her back for the Isle de Re—that same day, the 6th, I had a conversation with the Boatswain and
<hi rend="italic">Joe</hi> the Cook; I asked them what they had done with the bodies—I had missed the pump that was used to wash the deck—Joe the Cook said that they had made the pump fast to the captain's body, and they made some chain fast to the chief officer, and they made six or seven iron ring bolts fast to the second officer, and heaved them overboard—Green said "Oh, never mind, don't you trouble about the bodies"—that same night Joe the Cook said "Ishot the chief mate"—I asked where he shot him—he said "In the forerigging; I am very sorry for the second mate, because he was a very good man"—I sighted land on. the following evening, the 7th; we got into the bay again—I shortened sail and let go anchor—Big Harry asked me what place it was—I told him "It is near Cadiz, and when we get a wind we shall be off Gibraltar directly"—he said "We must wait till night time; we must not pass Gibraltar in the day time; we must see and get through at night"—all hands said that—French Peter said we were to go off as soon as possible, not to lay there long, and Petersen said "You won't lay here, it is the same place again"—I ordered the anchor to be let down about 8.30 or 9 o'clock at night, and I gave them 5 fathoms of chain, to make it difficult to get the anchor up again—I made the sails fast and ordered all hands below, but one to be an anchor watch; that was Joe the Cook—he kept the first watch that night—I then got ready two dozen more of the papers, put them in bottles, and threw them overboard, about I o'clock in the night—at 5 o'clock in the morning I hoisted a flag signal "Ship in distress"—that remained up until 8 o'clock, when French Peter came aft and said "What is that flag there for?"—I told him it was to tell them ashore that we were wind bound, that nobody should come off to the ship to ask what we were lying there for—he said "Never mind wind bound; haul them flags down.—Charley Renken told me that that was the police flag, haul it down," and he went on the poop and hauled it down himself—the other men were standing at the mainmast—they went forward, and Lips came aft and asked me for some kerosine oil to unshackle the chain, to let go and get out of port, to slip the anchor chain and all—I gave him the oil, and he got a light and burnt the rust off the chain, so as to be ready to slip it—on that day a French pilot boat came off; it came within about a quarter of a mile of us—he could not come alongside, the weather was too bad—French Peter told me to go down below—I heard him tell the Boatswain if I did not stop down in the cabin he would come down and make me fast down below—he said "Ishall act as captain; I will speak to him, I can speak French enough"—the pilot boat came within speaking distance—I was below, but I could see; we have little round holes in the after cabin—I beard what took place—the French pilot asked what the vessel was lying there for—French Peter answered that the chronometer was run down and they would only lay there for a couple of days till we got a fair wind, so the pilot boat went back again—afterwards in the afternoon the pilot boat came out again, he came alongside and brought a letter written in Italian—it was put into a little tin box with a rope made fast to it and it was floated from one ship to the other—no one on board could read it—I saw it, I could see it was Italian, I knew very well what it was, but I told them I did not, it was for the pilotage—French Peter got the boy to write a letter to say</p>
<xptr type="pageFacsimile" doc="187605010044"/>
<p>that he could not answer this bat he would come on shore in the morning and see him—he was to say it was an English vessel and to write it either in French or English—then the pilot boat went away again—French Peter then came with Big Harry and asked me what sort of a country it was, if I had been ashore there—I told him it was a republic, that there were no police, and the best was for them to go ashore and that I should stop on board for a fortnight and that I should not report anything before they were far far way and in that time, fourteen days they would have time enough to tra
<lb/>vel and be far away in the land—they did not leave that night, it was blow
<lb/>ing fearful from the westward and raining hail stones and all sorts—they got the boat ready and made a sail and collected the captain's property, the mate's and the second's and put it in the boat and some spoons belonging to me and on the 9th, the first six prisoners left in the boat—I gave them pro
<lb/>visions, half a ton of butter and I ton of beef—and some of them were wearing the officer's clothes—it was about 5.45 on the night of the 9th, that they left—on the morning of the 10th, I signalled again "A ship in distress" and the police flag in the fore top—a French gun boat came out—I ordered the men who remained on board to get the boat out, that was the Boatswain, Peter Peterson, Johny Moore and Green—I had to present my revolver before they got it out—I went on board the French man-of-war and they sent men to take charge of the vessel and I gave the five men in charge because I did not know who were the murderers—I went ashore and reported what had occurred so that the other six might be taken into cus
<lb/>tody—the Freach authorities towed the vessel to Rochfort, I saw it search
<lb/>ed and saw the pistol found on a shelf in the boatswain's cabin, some knuckle dusters were found in Big Harry's bunk, a steel one and a brass one—and a wooden lance behind the boatswain's door—in the ship's articles Green is entered as an Italian—I heard him order the boy to put him down as an Italian and boatswain, he was shipped as an A B and he altered the amount of money—he also told the boy to imitate the Consul's initials—he asked to do it, I said I could not and the boy did it—the original entry is struck out and it appears as it is now.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT SLEIGH</hi>. There were sixteen hands all told; that included the captain and the two mates—there was a Done, an, Austrian, and an Italian; there was Moore, Peter Petersen, and the boy Harry Troussilot—I gave information against everyone, and I included Moore among them—we were at sea six days before this occurred, and we had beautiful weather; the wind was right out—up to the morning this occurred there had been no dispute or disagreement among the men from 4 a.m. to 9 p.m.; if anything happened afterwards I cannot say—so far as my observation went, there was perfect concord and amity among all on board—the captain was angry with the men pretty often, but I never heard him swear at them until he said. "You are not sailors, you are soldiers"—they did not do their duty; there were no sailors among the eleven, and they could not do their duty—the captain was never angry with any of them, to my recollection, up to the time this occurred—it was not very rough weather when I heard this noise, but the ship had to be put about because it was a head wind and they must put the ship on her course—when I turned in the night before the weather was fair, but the wind changed and became a head wind—I have been at sea fourteen years—for the purpose of putting the ship about, with a small crew, it is neces
<lb/>sary to pipe all hands—the ship was 900 tons—half of the watch who were</p>
<xptr type="pageFacsimile" doc="187605010045"/>
<p>down below were suddenly called to help those who were on board to about ship—if it had not been necessary to bout ship, the men, including Big Harry and Lips, would not have been up so early, but they were only called twenty minutes before their time; the general rule is to call them five minutes before the time to give them time to dress—they were called a quarter of an hour before their time—the first noise I—heard was the men running about the deck to get the braces and everything ready—the captain's voice appeared to be the loudest; he had a very strong voice; when he holloaed out you could hear him forwards—I heard him call out once, "D——you! you are not sailors, you are soldiers"—that was the first that I heard—there was a rushing about and a noise; I could hear the scuffling of their feet for about five minutes before the captain called out—I could only hear one voice when the captain holloaed—his was a very loud strong voice, and I could hear it distinctly—the shots were fired about twenty minutes afterwards, as near as I could say—I could hear them running round the main deck as if they were running after somebody.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. W. SLEIGH</hi>. I swore at the police-court that I ordered the second steward to write messages for the bottles and that I stood by to see that nobody saw what the messages were—I did not stand by to see that nobody saw, because I had the ship to look after—I trusted to the boy and did not think he would go and tell anybody else—I told Captain Clipperton, the English Consul at Nantes, what had taken place on the ship—the boy who wrote the messages has never told me that Renken was by when he wrote them—I have sworn today that I was lifting up the skylight and that Renken said "Come aft, boys, the steward is getting through the skylight"—I said at the. police-court "Come up, boys"—I saw the magistrate's clerk writing down my depositions—it is very likely I said "Come aft, boys" and that they did not put it down—I know that was my meaning and I did say so—I swear that I said it—I said "Ithen went to the skylight and tried to get out, Renken was then at the wheel and he sang out 'There is the steward coming out of the skylight'"—I have sworn to
<lb/>day that Renken, Petersen, and Big Harry were the men who washed the blood off the decks, and I have also sworn to-day that while they were washing up the blood Renken was at the wheel; you can do two things at once if you like—when they were washing the deck they wanted to get the ship on her course, and they went and washed the deck—if you look you will see that I was at the wheel—I took the wheel from Renken—I did not hear Petersen give his evidence at the police-court—I have never been in Court when any evidence has been given by any of the witnesses; I always left the Court—I swore at the police-court that all the men went into the cabin and searched the cabin—I saw them go into the cabin while I was at the wheel—when I saw them all below I went up and took the wheel—very likely I swore at the police-court that Renken said "Steward, you are not going to Gibraltar," instead of "You are not going to Greece"—I said "Never you mind where I am going, I take charge of the ship now and go where I like, and not where you like"—Renken was then relieved by Petersen, and he said "You are bound for the Channel"—I would hear what he said, I went forward to the forecastle after him—shall I explain that?—you have the galley here and the forecastle here—they did not know how to make bread, and I went to the forecastle, you can hear what is said in the galley as well as the forecastle—I stated at the police-court that I told Renken that I would blow his brains out, and if the man likes</p>
<xptr type="pageFacsimile" doc="187605010046"/>
<p>to speak the truth he can tell you the same thing—I went on to say, "The men then came aft and French Peter then said to me, Are you bound for the Channel, steward"—I went down to the galley and French Peter said "Charley,' we are not
<hi rend="italic">going</hi> for Greece, but for some port in the Channel"—I heard that myself, and French Peter came and told me—I cannot swear that Renken did not see the second steward writing the messages for the police—I remember the morning of the 8th when I hoisted the signals—on the evening of the 5th I remember being in the cabin below and seeing all hands with the charts before them—they used to come down looking at the charts fifty times a day, but did not know any better for all that—I saw Renken with the chart before him, but I did not speak to him or he to me—I took the two flags of distress out of the box myself—we do not carry the signals on the chart, we have a book specially for them—that book was in my possession, nobody bad it besides me—it was not lying by the chart—Renken did not on the evening of the 5th point out to me a sixteen chequered flag and a white pennant with a white spot on it—that is the signal for "Distress; need assistance"—he saw the flag hoisted up, I hoisted it up—the flag map was not lying there, I had it in my possession—if Renken had disobeyed the orders of these mutinous men I suppose the consequence to him would have been very serious—he was one of those who were painting the ship—I did not hear the Boatswain order him to do that—Petersen did not hold the paint pot, ho brought the water to wash the deck—all that Renken did was to pass the paint pot up at the Boat
<lb/>swain's order.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. STRAIGHT</hi>. Cacaris was not called Joe the Cook—almost immediately after the vessel sailed, we used to call him Joe—he never did the cooking before the captain was murdered—he was shipped as an A B, an able seaman—after the captain's death, I having to take charge of the ship, it was necessary to get somebody to do the cook's work—he was told off by the men, and he did it—I was teaching him to make bread in the galley—Little George was cook too—when Joe left the galley for two days George went into it—the men joined on 23rd October, the vessel sailed on the 25th, and on the 31st" this transaction took place—she was out at sea from 31st October to 4th November—Joe was acting as cook during that time, "but I was the cook and steward—the vessel went out on the 2nd, and did not come to land again till the 8th—I have said that Joe the Cook was taking part in the washing on the morning of the 31st—I said before the Magistrate "Five men began to wash up the blood; they were Renken, Petersen, the Austrian, French Peter, and Big Harry"—I did not mention Joe the Cook, and I will tell you why—when he got the broom to wash the deck I heard someone say "You go to the galley; "He brought the water, but he went away to make some coffee in the galley—Little George was not cutting the board off with the name on it; he had the hatchet, but passed it over to Joe the Cook—this is correct, "Green cut the ship's name off one of the boats; Little George cut the name off both sides of the forecastle head, and Joe the Cook painted out the name on the ship's stern"—Petersen helped the other men, and Lettis the same—I may have made a mistake before the Magistrate and said that the conversation was on November 4th about making fast the pump to the captain and the mooring chains to the chief mate, and the ring bolts to the second mate, and throwing the bodies overboard; very likely I did say that it was the 4th—I never told Joe the Cook that I had got the revolvers, but I did say that my life was sweet and</p>
<xptr type="pageFacsimile" doc="187605010047"/>
<p>so on, and that I would blow his brains out; that was when he spoke about the boy—the conversation about the boy was on the 4th, at night—I saw a pistol on the 31st in the hands of Joe the Cook; it would not be of much account; it would probably hurt the person who let it off as much as the person who was fired at, but there was one good barrel in it.</p>
<p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. I heard five shots fired; there was not time between to have loaded it. They were very quick, one after the other; it must have been a revolver.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WOOLF</hi>. I saw very little of these men—I do not know their names now, only the nicknames they bore on board the ship—when I gave evidence in France I was asked the names of the men who came down that morning, and I could only give their nicknames—I men
<lb/>tioned Joe the Cook and French Peter, and if the interpreter did not put it down, that is not my fault—I could not tell the names of the men who obstructed my passage, but I knew their nicknames—I said that I knew them as Joe and Peter, and they said that that was no good—I gave their nicknames, but they would not take them—I called the Turks and Greeks all Greeks because I did not know the difference—I thought the first five prisoners were all Greeks and the Boatswain; they told mo themselves that they were all Greeks—they understood very little English, they came on board to learn—they could not understand the full command of the ship, but we had a boatswain—it was not put in the articles, but the Boatswain was to paid 30
<hi rend="italic">s</hi>. a month more—the men asked me for some tobacco, and I asked the captain for it—he said "Iam very sorry, tell them I have not got any, and what I have got I have to use myself"—up to the 31st the captain and men were on good terms from 4 a.m. to 9 o'clock at night—I cannot say if anything happened afterwards—when the boy came down and said that he could not get through the skylight I went up myself—the pistol shots were just fired when I tried to
<hi rend="italic">get</hi> up the com
<lb/>panion the first time—I did not hear the captain say "Pull well the braces, you sons of bitches"—he said "D——you, you are no sailors, you are a lot of soldiers"—I did not hear him say "You are a b——set of lubbers," and other terms like that, and I never said anything of that sort to Captain Clipperton—I saw the Boatswain and French Peter and Big Harry and all hands come down into the cabin one after the other, the first three came down the steps, and the remainder came down together—when I was asked to take the ship to Gibraltar and the men would find Greece, all the men were in the cabin—Petersen and Lettis also asked me to take the ship to Gibraltar, they said "All right," and "All right" means that every
<lb/>body is pleased—I swore before the authorities in France that three men came down and asked me to take the ship to Gibraltar, but the remainder of the men were down in the cabin listening and George Green interpreted it—I was examined in French before the Commissary of Police at Rochefort, he is a Frenchman and does not speak English; he examined me in French and he had an interpreter—he wrote a statement of my evidence in French and that was translated—I answered in French and he wrote it down and had it translated into English; it was read over to me before I signed it—I swore that they all came down, they were down, I should say, twenty minutes, and the vessel bad nobody on deck, the braces and tacks and every
<lb/>thing were loose—the Boatswain acted as interpreter, he was the only one of the Greeks who could speak to me—he did not say "Some of the men have killed the captain and the first and second mates and they want you to</p>
<xptr type="pageFacsimile" doc="187605010048"/>
<p>take the ship to Gibraltar;" He said "We have finished now"—after he had spoken to me he repeated something to some of the other prisoners—I did not tell the boy to set fire to the ship, if I was going to set fire to the ship I was going to set fire to myself—I did not tell him to throw some paraffine into the vessel—we have what we call a tin pot on board ship and I said to Troussilot "Idon't know what to do in case of slipping the anchor, we bad better get something to have a light and get some assistance to-night"—there was nothing of that kind on board our ship, and I told the boy there ought to be something of that kind in case they slipped the anchor at night, and we got something ready at the back of the house next to the carpenter's shop, and I put some kerosene or petroleum there—I ex
<lb/>pected to have another wind that night, and I got that ready—there were old candles and other things, and I put petroleum with it—I was very anxious to get rid of some of the crew and I advised them to go—I thought I could manage five men better than eleven—I told them that they might take the things if they did, and I gave them some spoons; I valued my life more than the spoons—when they wanted to go out again I thought of trying to go ashore, I would rather have swam for it or have died—I did not arrange to go ashore if I could with Troussilot, Petersen, and Renken; I told the boy "Me and you, when we get near the French coast, will leave," it was only us two, and the boy cried and some of the men asked him why he was crying—when I told the Boatswain he was an officer of the ship and ought to stand by me he said "If I do they will kill me"—he, did not advise me not to stand there, but to come on deck when the pilot was there, otherwise they would lock me up; he told me to stop below when the pilot came on board, otherwise they would and make me fast in the cabin—I said "They gene
<lb/>rally do as they like"—in consequence of his telling me that I. did not stop down, I came on deck—the Boatswain said that I was a fool if I came up, that French Peter would come and make me fast, but I came up—I asked the boatswain to sign a paper on 10th November, the night the men left the ship—I have not got it, I gave it to the French authorities; I kept it as a log, what time I came to port and what time everything happened; besides that log I made no note on board of anything, one log is quite sufficient on any ship—I made no note of the circumstances, I have related to-day, I could not—I said to-day that French Peter painted the name off the ship's stern and that Nicolas helped to do it—I remember saying before the Magi
<lb/>strate that Joe the Cook painted the name off of the ship's stern and Nico
<lb/>las helped to do it; it requires two to do it, but there were four
<hi rend="italic">men</hi> engaged in it; it was only just to pass the paint pot and to hold the two strings of the rope—French Peter was also there to help—it was Joe the Cook who painted it out, I did not say to-day that it was French Peter—I said to-day when talking about my taking the command again "The first six prisoners came down and the other five were on deck," and I said before the Magi
<lb/>strate "All hands were down in the cabin and I told them I would take charge of the ship if none of them interfered?"—the six men came down and then went on deck to relieve, and the cook came out of the galley and heard the men's conversation, and I also told them; of course it was all hands then, was it not 1
<hi rend="italic">l</hi>. six came down first and the other five were on deck; there was a relief from the wheel and they came aft to learn whether I was going to take charge of the ship again—I say "All hands," five and six is eleven in my country—I said that Petersen made a Danish flag to make the vessel appear as a Danish vessel, and I say so still—that was when we were in the Bay,</p>
<xptr type="pageFacsimile" doc="187605010049"/>
<p>out of the Gulf, and he hoisted it too—I said that Petersen rubbed out the log from my slate, which I tried to keep, and I say so now—I said before the Magistrate that Johnny Moore told me that Petersen took a marline spike and struck the first mate five times or so in the head, and I say the same thing now—after 31st October the Boatswain slept in his berth and Petersen and Big Harry slept in the cabin—none of those three slept in the officer's berths—I did not show the Boatswain one of the bottles I threw overboard, that I swear.</p>
<p>
<hi rend="italic">Re-examined</hi>. I kept a log on two sheets of paper—that was the paper I asked the Boatswain to sign on the night of the 10th—I had entered the dates and everything—it was when Petersen had charge of the vessel that the men were examining the chart down in the cabin—when I called Harry to go up and see what time it was, he came down and said it was 4.20, and I turned out and heard the five shots—I did not stop to dress before I went up—I went up at once.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-169" type="witnessName">
<interp inst="t18760501-name-169" type="gender" value="male"/>
<interp inst="t18760501-name-169" type="surname" value="TROUSSILOT"/>
<interp inst="t18760501-name-169" type="given" value="HENRY"/>HENRY TROUSSILOT</persName> </hi>. I am a native of Rotterdam—I was second steward on board the Lennie—it was the first time I had been to sea—on 31st October about 4 o'clock in the morning I heard plenty of noise about my head, and the steward asked me "Harry, are you awake?"—I said "Yes"—he said "It is curious that they do not come and call us this morning, I think it is past 4 o'clock, we had better turn out and see what time it is"—I turned out and went into the dining room, I mean the cabin, and it was 4.25—I went back to the steward and told him what time it was, and he told me to go to the galley and make coffee for 5 o'clock—I went up the ladder which leads to the poop and saw that both doors were closed—I tried to open them and somebody outside asked me who it was—I said "the second steward"—he asked me what I wanted—I said that I wanted to go to the galley to make coffee for 5 o'clock, and the man said "There is time between this and 8 o'clock to go to the galley and make coffee—coffee was always made at 5 o'clock for the watch and breakfast was at 8 o'clock for all hands—the man spoke in English but I do not know who it was—I went back and told the steward what had passed, and he turned out and went up himself—I then went up the half of the ladder and the steward tried to open the door; they asked him who it was, first he said "The captain;" they said "It can't be the captain;" He said "
<hi rend="italic">Well</hi>, then, it is the steward"—they asked him what he wanted—he said that he wanted to go to the galley to make coffee for 5 o'clock—they, answered him "There is time enough between this and 8 o'clock"—I saw him try to open the door, but he could not because it was closed—the noise I heard on deck when I awoke was still continuing; it was a shuffling on deck and on the poop also—the steward and I went back to the dining room and he ordered me to light the fire in the dining room, I did so; in the mean time he went to the officers' rooms to see if he could find anybody, and when he had been in every room of the officers he came back and showed me some papers which he said he was going to put in his bag—we then sat down, and at about 5.30 or 5.45, I cannot say exactly the time, we heard five or six shots on deck—the noise was still going on—it was, I think, more than an hour after I went up—those were the only shots I heard that morning—the steward tried to get both doors off the companion—I did not see him lift up or look through the skylight over the table—he never showed me any pistols—about 6 o'clock some of the men came down, I cannot exactly say which, but French Peter, Big Harry, Joe the Cook, Johnny Moore, and</p>
<xptr type="pageFacsimile" doc="187605010050"/>
<p>Lewis or Nicolas; that is all as far as I can remember—the Boatswain was one of them—I do not remember whether there were any more or not—I heard the Boatswain say to the steward "We have finished it now," and they said "We have killed the captain and the mate and the second mate and heaved them overboard"—the Boatswain said that in English—the other men were all there at the time the Boatswain was speaking to the steward, and they ran from one of the officer's room to another—I heard the Boatswain say "Ask the steward whether he can navigate"—before that all the men had run from one officer's room to another, speaking Greek and laughing—the steward said that he would navigate her—I first went on deck after 6 o'clock—I did not take notice of anyone on deck—I saw plenty of blood on the main deck and on the poop, but nowhere else—I did not see anybody do anything on deck, but I lit a fire and then looked out of the galley and saw some of the men washing the deck, but was not able to see who they were—I did not take notice who was at the wheel—we had breakfast at 8 o'clock, and after breakfast I saw men going outside the vessel to cut the name out of the ship—I cannot state who those
<hi rend="italic">men</hi> were, I did not notice—the steward took charge of the ship before breakfast, and after that 'the steward ordered me to go to the galley—I remember the ship arriving at the land—I wrote on a paper something by the steward's direction; that was my first writing—I wrote the papers in my own room—Renken came into the room and saw me writing them, he wanted me for the'
<hi rend="italic">galley</hi>—he asked me what I was doing—I told him I should tell him what I was doing if I should have confidence in him that he should not tell anybody else—he said that he would not tell anybody what I was going to tell him, and then I told him I was going to make some bills out and put them' in bottles and throw them overboard for to come to our assistance—I Showed him some of the bills, and when I had finished I went up to the galley—he did not read them; I told him what I wrote and went with him up to the galley—he said that he would keep it quiet.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT SLEIGH</hi>.; The noise overhead awoke me, it was a very considerable noise, and I thought they were putting the ship about; it was a noise of shuffling, like men moving about the deck—I did not hear much voice—I did hear some voice, but I could not tell whose voice it was or how many voices there were—when I turned in the night before it was fair weather—when I got on deck I found it was blowing hard; it was dark.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. W. SLEIGH</hi>. Renken did not disclose "what these papers were, as far as I know; they were papers asking the police to come to our assistance and I told him—so.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WOOLF</hi>. The Boatswain spoke English to the stew
<lb/>ard at 6 o'clock, and then he translated and spoke to the men in Greek—after we had made the land the steward 'told me that had made a conversa
<lb/>tion with Renken, Petersen, Johnny Moore, and the Boatswain, to leave the ship as soon as they had a chance—the shots were not fired till after I went up the companion, I am sure of that, and I said so when I gave my evidence in France, and I said that I awoke about 4 o'clock—I am positive that it was about 4 o'clock when I awoke, and also as to the time the shots were fired.</p>
<p>
<hi rend="italic">Re-examined</hi>. I did not hear any voice on deck when I was down below—when I went up I was not allowed to go on deck, I was frightened that some
<lb/>thing was happening.</p>
<xptr type="pageFacsimile" doc="187605010051"/>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-170" type="witnessName">
<interp inst="t18760501-name-170" type="gender" value="male"/>
<interp inst="t18760501-name-170" type="surname" value="LETTIS"/>
<interp inst="t18760501-name-170" type="given" value="GUISEPPE"/>GUISEPPE LETTIS</persName> </hi>. I am a native of Austria, and am twenty-two years old—I have been at sea about seven years—in October last I was engaged in Lon
<lb/>don to go to Antwerp to join the Lennie—I had sailed in four or five English ships—before that—I went from London with the prisoners and Petersen and Johnny Moore—I had never seen Petersen before—I signed the ship's articles at a tallow shop at Antwerp—after the vessel sailed I was in the first mate's watch, which was from 12 o'clock at night—to 4 am.—the Boatswain, Young George, Charley Renken, Lips, and Johnny Moore, a sick man, were in the first mate's watch—on 31st October Johnny Moore was in his bunk ill, and the rest of us kept that watch—Some time in the morning the second mate's watch came on deck—I called them to put the ship about 3:30 and the captain came on deck—the first mate ordered the watch to be called; he was right forwards and the second mate was aft on the bridge—Lips was at the wheel—six of the other sailors were in the main braces, and the others were
<hi rend="italic">forward</hi>, five Greeks and me—the five Greeks were Great Harry, Nico as, Johnny Moore, Joe the Cook, and myself—French Peter was at the main brace along with me—the captain said, "Bout ship, main topsail all," and he said to me "Haul away the main braces, you sons of bitches, sons of whores"—I was on the poop behind Big Harry, who took a knife out of the sheath and at the time the captain was looking on one side Big Harry jumped on the captain and put the knife his stomach and stabbed him—after that the captain went right round the poop backwards and Big Harry was after him with the knife., and French Peter, who was on the other side of the poop, stopped the captain, and put a knife into him right in front of his head here (
<hi rend="italic">on the forehead</hi>), and then struck him in the side with the knife—Big Harry then caught hold of the captain, lifted him up and heaved him down on the deck—I did not see any blood then, but there was plenty of blood on the poop in the morning—I saw them take the captain's boots off and his cap—when French Peter struck the captain the others were all on the after deck on the poop—the other sailor did not touch the captain not more than four—when this occurred the second mate was on the bridge standing by the main braces—when the captain was struck the second mate came to the cap
<lb/>tain, who was still alive, and tried to take him down into the cabin but Big Harry put his knife two-times through second mate had not said anything before that, but he had jumped off the bridge into the main deck—when the second mate had the knife put into him twice he ran forwards and put his hands on the Boatswain's shoulder, who said "Who is that jumping on the top of me"—I don't know what happened after the second mate went forward but all the five Greeks went on the main deck, French Peter, Nicolas, Lips, Joe the Cook, and Young George, who was like me looking on, but nothing else—the Boatswain then went forward, and the second mate put his hands on his neck and said "Boatswain, save my life," but the Boatswain shoved him right away off and Big Harry, who had got a knife in his hand put his knife three times into, the back of his neck, and the second mate went down very near dead, and somebody took off his boots and his cap—Nicolas had put a rope on the cabin doors just at the time
<hi rend="italic">the</hi> captain was struck—after the second mate was down, and His boots were taken off, the five men braced the foreyards sharp up—I cannot say who gave the order for that; it was the Boatswain, I think, but I cannot say, because it was spoken in Greek—the chief mate was then on the middle of the fore-yard, and he sat down—Joe the Cook had a broken revolver belonging to</p>
<xptr type="pageFacsimile" doc="187605010052"/>
<p>him, and he went with Lips, who said to Joe the Cook "Go up the rigging and fire at the mate"—Joe said "Idon't want to go," and he said "Give me the revolver, and I will go up and fire at the man"—Joe would not go up, he was frightened—Joe gave Lips the revolver, and he said "Look out which way you fire it, for it is broken"—Lips said "All right, I know which way to fire it"—I do not know whether Joe had fired it himself before he gave it to Lips—Lips then went up the fore-rigging and fired at the chief mate, who was on the foreyard, two times, and then two times again, and the last two times went through the mate—I heard the mate say "Ah! ah!" both times, and he lowered himself by the main buttling right down on deck—when he came down Joe the Cook was very close behind him with a knife about a foot long in his hand, and he put the knife right through the first mate; he kept putting it in and taking it out several times all over his body, everywhere—he kept stabbing him—it was dark, and I did not see any blood—the mate fell on the deck, and about five minutes after that Big Harry and French Peter came forward—French. Peter talked in Greek, and took a knife out; he put his two legs on the first mate's stomach and nearly cut his head off—Big Harry was then behind French Peter—I saw Lips come out of the rigging, and all were across the first mate—the same five, French Peter, Joe the Cook, Nicolas, Lips, and Big Harry got a long chain, which they made fast to the chief mate's legs and heaved him over
<lb/>board—the second mate was then dying on the port side of the main deck, and they got a cat block, and three of them threw him overboard while the others stood looking—I did not see what was done with the captain—it must have been Charley Renken who was at the wheel then, because I left him at the wheel—I had not heard any orders given at that time as to who was to go to the wheel—I did not see Petersen and Renken go into the coal locker, but I saw them come out after the second mate and the captain were dead, and while the first mate was alive in the foreyard—they came out because the boatswain called out twice, and the second time I saw them come out—I saw the men go below into the cabin, and Petersen was told to go to the look-out, and Charley Renken to go the wheel—after the bodies bad been thrown over everyone went down in the cabin to take coffee—I had not been down before that—I relieved Renken at the wheel about 6 a.m.; it was just daylight, and I then saw blood all about the main deck, and the poop and the foreyards too—about three days before that I heard French Peter, Joe the Cook, Nicolas, Big Harry, and Young George too, I think, talking Greek—I don't understand much Greek; I know when they curse and swear in Greek, and I understand the word
<hi rend="italic">capitaine</hi>—on the Saturday night Joe the Cook said to me "Go and
<hi rend="italic">gallymount</hi> the three officers," and on Sunday night he said "Go and kill the captain and the two officers"—there was no pistol on board the ship, only a revolver, and that was broken; it had no bar, it had six chambers, but only one barrel.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT SLEIGH</hi>. I did not go away in the boat with the other men; I stayed on board—a policeman came on board and took me in custody, and they sent me to prison—I heard Von Hoydonck speak in French to the French officers, and directly after that I was given in custody with the other men—I was on deck and called up the second watch, that was because the wind suddenly changed, and the weather became rough, it blew the ship round, it was a head wind—if it had not been for that the second watch should not have come before 4 o'clock—the captain was on check about three minutes before the men of the second</p>
<xptr type="pageFacsimile" doc="187605010053"/>
<p>watch—he said to them first "Haul away those braces," and the second time he said "Haul away the main braces, sons of bitches, sons of whores "—I was behind the cuddy when I saw Big' Harry strike the captain—this was a three masted ship and I was forwards, an able seaman—I was behind the poop when the captain was struck—I did not see the captain strike anybody before Big Harry struck him—this was a Sunday morning—
<hi rend="italic">the</hi> captain swore at the men everyday, but I only once saw him sirike anyone and that was Lips—he shoved Lips and he fell down—that was four days after leaving London; I never saw any altercation between the captain and the men before that morning—the crew were generally well behaved up to this time, hard working men doing there duty, there is "Plenty of work on board a ship—there were only sixteen of us; she was a big ship and there were only eleven forwards—nothing occurred till' the captain said "Haul away the main braces"—I did not hear him call them soldiers instead of sailors—there was no quarrel and no fight—Lips only speaks Greek, and a very little Italian—he is a Greek—I do not' speak Greek; I speak all Italian—when Be spoke about the pistol he, was speaking Greek—I am an Austrian, and came from Funen—I speak very well, Italian, but better English—I speak Illyric—if anybody talks to me in Greek I cannot understand—I have not said that Renken was at the wheel when the captain was struck—Lips was at the wheel and he ran away from the wheel when the captain was struck; he let it alone—the captain was about five yards from the wheel When he was struck by Big Harry—he never fell down, he ran right round the poop—Lips left the wheel before the captain was struck—I had seen the revolver before, and knew that, it was Joe's, but I first saw it in Joe's hands on that morning, and he held it in the way a man would who was going to use it—Green, the boatswain, was then at some other part of the deck—I saw Joe 'the Cook offer Lips the revolver, and heard him say "You go and shoot the mate"—he forced Lip's to take the revolver in his hand, and I saw Lips go forward with the revolver after the mate, Joe the cook following—the mate went up the foremast, and' Joe and Lips were then in the middle of the ship—Joe-stood on the deck while Lips went up the rigging, the mate had gone up 'a long" time before—they spoke in Greek, but I understood what they meant—I certainly-told the Magistrate that Lips asked for the revolver to go and shoot the mate—I did not say before the Magistrate "I could not see if the shots hit the mate"—the mate went "Ah! ah!" four times.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. W. SLEIGH</hi>. I said at the second-examination "The bodies had not been thrown overboard when Petersen and Charley Renken came out of the coal bunk," and I said On the last examination "Petersen and Charley Renken came out afterwards," that is quite' true—the boatswain told me and Petersen in France that they meant to get the ship to Greece and kill Renken and everyone of the seven men—the Greeks were to be left and everyone
<hi rend="italic">else</hi> was to be killed.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WOOLF</hi>. The first five were the men who were going to do that; I cannot say six—this was in a French prison—there was not much wind on the morning of 31st October, but it was raining; it was not very rough weather, but it was very dark—the captain said "Pull the braces, and main top the whole," but he did not call them bad names—I did not see the knife that French Peter put into the captain's head, because it was dark and I was a long way from him; I saw the blow struck, but I could not sec exactly what he had in his hand—1 did not hear</p>
<xptr type="pageFacsimile" doc="187605010054"/>
<p>anyone tell Nicolas to put the rope round the door, but I saw Nicolas make fast the door, and he stood on the starboard side of the door—the captain had just been struck then—when the second mate asked the boatswain to save his life he had already been struck twice by Big Harry—Big Harry was not close by when the second mate said that, nor were any of the other prisoners; they were on the poop—I said at the police-court" The boatswain and the first five prisoners were on the main deck, and the boatswain shoved him away"—I never heard the boatswain speak, or say "Ican't save your life"—the boatswain did not go down the main hatch immediately after the second mate said that to him—all the time that the captain and the two mates were being struck I was looking on and seeing how they were killing them—it was the first time I had ever seen anything of the sort; it was the first time I had ever seen a man killed in my life, and I thought I should like to see it—I went forward because I wanted to see what they were going to do to the first mate.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-171" type="witnessName">
<interp inst="t18760501-name-171" type="gender" value="male"/>
<interp inst="t18760501-name-171" type="surname" value="PETERSEN"/>
<interp inst="t18760501-name-171" type="given" value="PETER"/>PETER PETERSEN</persName> </hi>. I am a Dane—I can speak a little English, not much—I was on board the Lennie in the second mate's watch—the first mate's watch is from 12 to 4 o'clock, and the second mate's watch is below—we were called up to 'bout ship between 3 and 1 o'clock, I went on deck; the cap
<lb/>tain was then standing with the mate and the second mate and the boat
<lb/>swain looking to see that we were all there and he sent each man to his work—I was on the poop and he sent me forward to the gib sheet and Charley Renken was sent forward to look out—the captain called out "Bout ship" and we eased off the first sheet, we were going half way round and all the sheet was back and the ship would not go round—I did not hear the captain say anything, my attention had not been called to what was go
<lb/>ing on in the other part of the ship and nothing had attracted my attention—the chief mate was forward with me, he had not made any observation to me—the ship would not go round; the chief mate said to me "By God Peter what is the matter?"—I said "Idon't know"—he called the boatswain and asked him; he said "Idon't know" and he told the boatswain to go aft and see what was the matter—the, boatswain then went aft and came back and said "There is murder aft and everybody will have to look after him
<lb/>self"—the boatswain went midships again, the chief mate went up in the rigging and me and Charley Renken went into the coal locker—Joe the Cook then came forward with a revolver in his hand and asked me and Renken "Who is that up in the rigging "we said that we did not know, and then he went away saying "Greek, Greek, Greek," three times, and shot at him each time—I am not sure whether there were three or four shots—the mate went higher up the rigging—Joe the Cook said to me and Renken, "Don't you two be frightened, we won't kill you"—I saw nothing of what happened be
<lb/>tween Joe the Cook and the mate; that was the last I saw of them—the mate was still up in the rigging—I stayed in the coal bunk about ten minutes and then the Boatswain sang out for Peter and Charley—I did not go out the first time he called but I did the second, and we went amidships and saw the Boatswain and Big Harry—Big Harry wanted to get in to the car penter's shop but he had no key and he could not get the door off—he told me to go and bring him a marline spike—I do not know where the mate was then—the boatswain was waiting outside—I went and got the marline spike and gave it to Big Harry, who broke open the door of the carpenter's shop with it and took out a little pump which was used to wash the deck with—he then told Renken to go and take the wheel, and Renken</p>
<xptr type="pageFacsimile" doc="187605010055"/>
<p>went aft and took the wheel, and the boatswain told me to go forward and keep a look out—I went forward and saw nobody there,' but I saw the first mate sitting on top of the foreyard—I saw nobody else then, but in ten minutes I saw some other man, not the mate, going up in the rigging, but it was too dark to see who it was—I did not see him do anything before he got to the middle of the rigging, and then I heard that he was shooting—I believe I heard four shots, but I am not sure—I think that was twenty minutes after Joe the Cook had shot at him—I do not know whether the shots took effect on the mate, but he came down at the same time while he was shooting at him, and he said "Oh!; oh!"—the mate came down hand over hand, and somebody who was there held him down on the deck, but I cannot say what he was doing to him—I saw that there were a lot of people on to him, but I do not know who they were—I do not know of my own knowledge who the main was who went up into the rigging after the mate—I did not see him come down—I remained on the forecastle—I saw Big Harry, French Peter, and Nicolas washing the ship—I saw a little blood, but not much—I saw the first mate thrown overboard—I cannot say who threw him pverboard, and I am not sure that it was him, but I saw somebody hauled overboard and heard a fall in the water—at about 7.30 Little George came and told me to have; my coffee and I went and had it, and when I came on deck again I saw morer blood, but not much, and Big Harry told me to take a broom and. clean it—I saw Joe the Cook and Lips cutting the name off the shjp—I did not hear anybody give the order for that—it was before breakfast—I saw the boatswain take the name off the boats, and heard him order them to do it, and I saw Joe the Cook and French Peter painting the name off the stern; when it was finished the men had breakfast—I was steering the ship for about two days; the boatswain came to me, and said "Peter, you must take charge of the ship"—I said, "No, I cannot take charge of the ship," and he went and told the five Greeks, and came back and said "You must take charge of the ship," and I took charge two days I gave up the charge because we came to French land, and they found out that it was not Gibraltar—French Peter came to me and said "You keep yourself quet, and don't say anything about it; I will speak to you by-and-bye," and he shoved me from the wheel and put the steward at the wheel—I saw the men leave the ship—I saw a revolver in Joe the Cook's hands before 31st October; and Renken was looking at it.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. W. SLEIGH</hi>. Renken and I ran into the coal bunk because we were frightened for our lives—I did not go down into the cabin before I went to get my coffee—when I went into the cabin I saw the boy Troussilot and Jonny Moore—after I got into the cabin Renken came in—I was relieved by Angelos—I did not see the Austrian go the wheel to relieve Renken, but I heard from Renkeri that he had been relieved at the wheel by the Austrian—Kenken was told to hold the paint pot first and after that I was told to hold it—the steward, Renken, myself, and the boy agreed to leave the ship if we possibly could; we tried to do it three or four times, but we could not get any chance, because the five Greeks were looking after us.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. STRAIGHT</hi>. The coal-bunk is about 18 feet from the main rigging; it is in the middle of the ship on the starboard side—it is on the deck, you do not go down any steps—I heard Little George say as they were going away in the boat "Idon't like to go, but they: have</p>
<xptr type="pageFacsimile" doc="187605010056"/>
<p>asked me"—I did not make a statement at Rochefort—the French Com
<lb/>missaire asked me questions—I told nobody in the prison in England what I have told you to-day—I was examined in the presence of a policeman.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WOOLF</hi>. The Boatswain was among those who intended to leave the vessel with me and Renken—on the night the men left the vessel the Boatswain said to me "Peter, I am afraid those men will come-back—the Boatwain told me that he second mate had asked him to save his life, and that he said "Ican't save your life" and then went down the hatch—when I took the command of the vessel the Boatswain acted as interpreter to the Turks or the Greeks, and then he spoke to me—I came up to put the ship about between 3 and 4 o'clock——I never saw the captain or second mate after I left the poop—when I left the poop the Boatswain was not forwards, he was standing at the first sheet, I think—Renken, the Boatswain, and I went for ards.</p>
<p>
<hi rend="italic">Thursday, May</hi> 4
<hi rend="italic">th</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-172" type="witnessName">
<interp inst="t18760501-name-172" type="gender" value="female"/>
<interp inst="t18760501-name-172" type="surname" value="BIRARTOT"/>
<interp inst="t18760501-name-172" type="given" value="MARIE"/>MARIE BIRARTOT</persName> </hi> (
<hi rend="italic">interpreted</hi>). I am the wife of Jacques Birartot, of Le Harriette, in the Department of La Vendee—On the 9th November last six of the prisoners came to me, the furthest one (Cargalis) said they were sailors and they bad been shipwrecked—they remained there till about 6 o'clock in the evening, three of them then went away, the rest remained during the night—next day the Garde Maritime came to the house—I did not hear what passed—before they left Cargalis gave me this photograph (
<hi rend="italic">produced</hi>)and these three stones—I afterwards gave them up to the Garde Maritime.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-173" type="witnessName">
<interp inst="t18760501-name-173" type="gender" value="male"/>
<interp inst="t18760501-name-173" type="surname" value="DRUSCOVITCH"/>
<interp inst="t18760501-name-173" type="given" value="NATHANIEL"/>NATHANIEL DRUSCOVITCH</persName> </hi>. I am chief inspector of the detective force at Scotland Yard—on 31st December last I received a warrant from Bow Street against eleven persons for murder on the High Seas—I was with Superintendent Williamson at Calais when the eleven persons then in custody were handed over to us—the prisoners are some of them—the French authorities handed me five sealed packages which I produce, they are all marked and sealed by the French authorities and the British Cousul.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. SERJEANT SLEIGH</hi>. The names of the three persons who were in custody and are not now charged are Guiseppe Lettis, Peter Petersen, and John Salvos Mores.</p>
<p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. W. SLEIGH</hi>. Renken made a statement to me on board the boat coming over—he also made another statement to the Treasury solicitor at the House of Detention—I took a note at the time of the statement he made to me on board the boat, and I have it here—he said he had acted as he did act under terror of the Greek sailors.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-174" type="witnessName">
<interp inst="t18760501-name-174" type="gender" value="male"/>
<interp inst="t18760501-name-174" type="surname" value="HOYDONCK"/>
<interp inst="t18760501-name-174" type="given" value="HEINRICH VON"/>HEINRICH VON HOYDONCK</persName> </hi> (
<hi rend="italic">re-examined</hi>). The photograph produced was in the captain's album, and these stones belonged to
<hi rend="italic">him</hi>—I have looked at the contents of these five bags. (Mr. Woolf
<hi rend="italic">objected to the contents of the bags being given in evidence, as they were not traced to the prisoners</hi>. The Court
<hi rend="italic">considered the objection good, the contents of the bags not being traced to the prisoners</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-175" type="witnessName">
<interp inst="t18760501-name-175" type="gender" value="indeterminate"/>
<interp inst="t18760501-name-175" type="surname" value="SLEIGH"/>
<interp inst="t18760501-name-175" type="given" value="WARNER"/>MR. WARNER SLEIGH</persName> </hi>
<hi rend="italic">submitted that there was no case against Renken on the charge of murder; he was not charged as an accessory after the fact and could not be convicted of thai offence under the Extradition Treaty, by which it was provided that a prisoner could only be charged with the crime for which he was extracted</hi>.
<hi rend="smallCaps">THE ATTORNEY-GENERAL</hi>
<hi rend="italic">concurred in that view, and as
<rs id="t18760501-360-verdict-1" type="verdictDescription">
<interp inst="t18760501-360-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18760501-360-verdict-1" type="verdictSubcategory" value="directed"/>the evidence against Renken was hardly such as to justify his conviction he with drew the case against him</rs> </hi>.
<hi rend="smallCaps">MR. WOOLF</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. STRAIGHT</hi>
<hi rend="italic">submitted that as to Leosis, Green. Carcaris, and Angelas the evidence was not sufficient to go to the Jury</hi>,
<hi rend="smallCaps">THE COURT</hi>,
<hi rend="italic">however, ruled that as to them there was evidence for the consideration of the Jury</hi>.</p>
<xptr type="pageFacsimile" doc="187605010057"/>
<p>
<hi rend="largeCaps">LEOSIS, RENKEN, GREEN</hi>,
<hi rend="italic">and</hi>
<hi rend="largeCaps">ANGELOS</hi>
<hi rend="smallCaps">
<rs id="t18760501-360-verdict-2" type="verdictDescription">
<interp inst="t18760501-360-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18760501-360-verdict-2" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p>
<p>
<hi rend="largeCaps">CARGALIS, CACARIS, GALUDIS</hi>,
<hi rend="italic">and</hi>
<hi rend="largeCaps">KAIDA</hi>
<rs id="t18760501-360-verdict-3" type="verdictDescription">
<interp inst="t18760501-360-verdict-3" type="verdictCategory" value="guilty"/>
<interp inst="t18760501-360-verdict-3" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi> </rs>
<hi rend="largeCaps">
<rs id="t18760501-360-punishment-22" type="punishmentDescription">
<interp inst="t18760501-360-punishment-22" type="punishmentCategory" value="death"/>
<interp inst="t18760501-360-punishment-22" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-360-18760501 t18760501-360-punishment-22"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-360-18760501 t18760501-360-punishment-22"/>
<join result="defendantPunishment" targOrder="Y" targets="def4-360-18760501 t18760501-360-punishment-22"/>
<join result="defendantPunishment" targOrder="Y" targets="def5-360-18760501 t18760501-360-punishment-22"/>DEATH</rs> </hi>.</p>
<p>
<hi rend="smallCaps">THE COURT</hi>
<hi rend="italic">awarded the sum of </hi>50
<hi rend="italic">l. to the steward, Von Hoyconck, for his courageous conduct</hi>.</p> </div1>
<p>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday, April</hi> 3
<hi rend="italic">rd</hi>, 1876</p>
<p>
<hi rend="italic">Before Mr. Baron Amphlett</hi>.</p>
<div1 type="trialAccount" id="t18760501-361">
<interp inst="t18760501-361" type="uri" value="sessionsPapers/18760501"/>
<interp inst="t18760501-361" type="date" value="18760501"/>
<join result="criminalCharge" id="t18760501-361-charge-1" targOrder="Y" targets="def1-361-18760501 t18760501-361-offence-1 t18760501-361-verdict-1"/>
<p>361.
<persName id="def1-361-18760501" type="defendantName">
<interp inst="def1-361-18760501" type="gender" value="male"/>
<interp inst="def1-361-18760501" type="age" value="55"/>
<interp inst="def1-361-18760501" type="surname" value="HENDY"/>
<interp inst="def1-361-18760501" type="given" value="LEON"/>
<hi rend="largeCaps">LEON HENDY</hi> (55)</persName>
<rs id="t18760501-361-offence-1" type="offenceDescription">
<interp inst="t18760501-361-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18760501-361-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously shooting at
<persName id="t18760501-name-177" type="victimName">
<interp inst="t18760501-name-177" type="gender" value="male"/>
<interp inst="t18760501-name-177" type="surname" value="RICHTER"/>
<interp inst="t18760501-name-177" type="given" value="ROBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t18760501-361-offence-1 t18760501-name-177"/>Robert Richter</persName> with intent to murder him.
<hi rend="italic">Second Count</hi>—with indent to do him some grievous bodily harm.</rs> </p>
<p>
<hi rend="smallCaps">MR. GILL</hi>
<hi rend="italic">conducted the Prosecution, and</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>
<hi rend="italic">the Defence</hi>.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-178" type="witnessName">
<interp inst="t18760501-name-178" type="gender" value="male"/>
<interp inst="t18760501-name-178" type="surname" value="RICHTER"/>
<interp inst="t18760501-name-178" type="given" value="ROBERT"/>ROBERT RICHTER</persName> </hi>. I am a tailor of 17, Oxendon Street—on Monday, 17th April, about 9.30 pm, I was returning home with my wife, and when we got to our own door the prisoner, who I knew, came in front of us
<hi rend="italic">; he then</hi> went three steps behind us and fired a pistol on my left side—we had not spoken to him, nor he to us—he could have touched me with his hand when
<hi rend="italic"> he</hi> fired the pistol—I had the gudpowder in my face at first and could not see, but when: I. wiped my eyes he was walking away fast—I called Police;" and he was stopped by two gentleman and taken in custody—when I saw him first I did not see the revolver; he had his hand in his pocket—I think he has the same coat on now—I had a mark on my face at the time, but I have not got it now—I have known him three and a half or four years.</p>
<p>
<hi rend="italic">Cross-examined.</hi> I did not see the pistol till he was in custody—it was a revolver; I saw it at the station—the other chambers were loaded.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-179" type="witnessName">
<interp inst="t18760501-name-179" type="gender" value="female"/>
<interp inst="t18760501-name-179" type="surname" value="RICHTER"/>
<interp inst="t18760501-name-179" type="given" value="EMILY"/>EMILY RICHTER</persName> </hi>. I am the wife of the last witness—I left home with him on Easter Monday, and when we got back, close to our own door, I saw the prisoner not many steps from us—I did not hear him speak or see the re
<lb/>volver, but he fired it on my left side—he stood still for a moment, and then walked quietly away—my husband called "Police and the pri
<lb/>soner was stopped.</p>
<p>
<hi rend="smallCaps">
<persName id="t18760501-name-180" type="witnessName">
<interp inst="t18760501-name-180" type="gender" value="male"/>
<interp inst="t18760501-name-180" type="surname" value="LLOYD"/>
<interp inst="t18760501-name-180" type="given" value="JOSEPH"/>JOSEPH LLOYD</persName> </hi>. I am a draper, of 16, Whitcombe Street—on 17th April, about 9 o'clock I was at the corner of James Street and heard the report of a pistol—I saw a man walking ver