<!-- © 2003-2008 Old Bailey Proceedings Online -->
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<interp inst="f18760626" type="uri" value="sessionsPapers/18760626"/>
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<p>Sessions Paper.</p>
<persName id="t18760626-name-1">
<interp inst="t18760626-name-1" type="gender" value="male"/>
<interp inst="t18760626-name-1" type="surname" value="BUCKLER"/>
<interp inst="t18760626-name-1" type="given" value="ALEXANDER"/>ALEXANDER BUCKLER</persName>,</p>
<p>Short-hand Writers to the Court,</p>
<xptr type="pageFacsimile" doc="187606260002"/>
<p>On the Queen's Commission of</p>
<p>The City of London,</p>
<p>OF THE</p>
<p>Held on Monday, June 26th, 1876, and following days,</p>
<hi rend="smallCaps">BEFORE THE RIGHT HON</hi>.
<hi rend="largeCaps">
<persName id="t18760626-name-2" type="judiciaryName">
<interp inst="t18760626-name-2" type="gender" value="male"/>
<interp inst="t18760626-name-2" type="surname" value="COTTON"/>
<interp inst="t18760626-name-2" type="given" value="WILLIAM JAMES RICHMOND"/>WILLIAM JAMES RICHMOND COTTON</persName> </hi>, M.P.,
<hi rend="largeCaps">LORD MAYOR</hi> of the City of London; The Hon. Sir
<hi rend="smallCaps">
<persName id="t18760626-name-3" type="judiciaryName">
<interp inst="t18760626-name-3" type="gender" value="male"/>
<interp inst="t18760626-name-3" type="surname" value="HUDDLESTON"/>
<interp inst="t18760626-name-3" type="given" value="JOHN WALTER"/>JOHN WALTER HUDDLESTON</persName> </hi>, Knt., one of the Barons of Her Majesty's Court of Exchequer;
<hi rend="smallCaps">
<persName id="t18760626-name-4" type="judiciaryName">
<interp inst="t18760626-name-4" type="gender" value="male"/>
<interp inst="t18760626-name-4" type="surname" value="CARTER"/>
<interp inst="t18760626-name-4" type="given" value="JOHN"/>JOHN CARTER</persName> </hi>, Esq., F.A.S., F.R.A.S., Sir
<hi rend="smallCaps">
<persName id="t18760626-name-5" type="judiciaryName">
<interp inst="t18760626-name-5" type="gender" value="male"/>
<interp inst="t18760626-name-5" type="surname" value="GABRIEL"/>
<interp inst="t18760626-name-5" type="given" value="THOMAS"/>THOMAS GABRIEL</persName> </hi>, Bart., Sir
<hi rend="smallCaps">
<persName id="t18760626-name-6" type="judiciaryName">
<interp inst="t18760626-name-6" type="gender" value="male"/>
<interp inst="t18760626-name-6" type="surname" value="DAKIN"/>
<interp inst="t18760626-name-6" type="given" value="THOMAS"/>THOMAS DAKIN</persName> </hi>, Knt., and
<hi rend="smallCaps">
<persName id="t18760626-name-7" type="judiciaryName">
<interp inst="t18760626-name-7" type="gender" value="male"/>
<interp inst="t18760626-name-7" type="surname" value="STONE"/>
<interp inst="t18760626-name-7" type="given" value="DAVID HENRY"/>DAVID HENRY STONE</persName> </hi>, Esq., Aldermen of the said City; The Right Hon.
<hi rend="smallCaps">
<persName id="t18760626-name-8" type="judiciaryName">
<interp inst="t18760626-name-8" type="gender" value="male"/>
<interp inst="t18760626-name-8" type="surname" value="GURNEY"/>
<interp inst="t18760626-name-8" type="given" value="RUSSEL"/>RUSSEL GURNEY</persName> </hi>, Q.C., M.P., Recorder of the said City; Sir
<hi rend="smallCaps">
<persName id="t18760626-name-9" type="judiciaryName">
<interp inst="t18760626-name-9" type="gender" value="male"/>
<interp inst="t18760626-name-9" type="surname" value="WHITE"/>
<interp inst="t18760626-name-9" type="given" value="THOMAS"/>THOMAS WHITE</persName> </hi>, Knt., and
<hi rend="smallCaps">JOHN WHITTAKER ELLIS</hi>, Esq., others of the Aldermen of the said City; Sir
<hi rend="smallCaps">
<persName id="t18760626-name-10" type="judiciaryName">
<interp inst="t18760626-name-10" type="gender" value="male"/>
<interp inst="t18760626-name-10" type="surname" value="CHAMBERS"/>
<interp inst="t18760626-name-10" type="given" value="THOMAS"/>THOMAS CHAMBERS</persName> </hi>, Knt., Q.C., M.P., Common Serjeant of the said City; and
<hi rend="smallCaps">ROBERT MALOOLM KERR</hi>, Esq., Judge of the Sheriffs Court; Her Majesty's Justices of Oyer and Terminer and General Gaol Delivery of Newgate, holden for the said City, and Judges of the Central Criminal Court.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-11" type="judiciaryName">
<interp inst="t18760626-name-11" type="gender" value="male"/>
<interp inst="t18760626-name-11" type="surname" value="KNIGHT"/>
<interp inst="t18760626-name-11" type="given" value="HENRY EDMUND"/>HENRY EDMUND KNIGHT</persName> </hi>, Esq., Alderman.</p>
<hi rend="smallCaps">EDGAR BREFFIT</hi>, Esq.</p>
<hi rend="italic">Sheriffs.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760626-name-12" type="judiciaryName">
<interp inst="t18760626-name-12" type="gender" value="male"/>
<interp inst="t18760626-name-12" type="surname" value="BAYLIS"/>
<interp inst="t18760626-name-12" type="given" value="EDGAR ALEXANDER"/>EDGAR ALEXANDER BAYLIS</persName> </hi>. Esq.</p>
<hi rend="smallCaps">HENRY HOMEWOOD CRAWFORD</hi>, Esq.</p>
<hi rend="italic">Under-Sheriffs.</hi> </p>
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<hi rend="largeCaps">CENTRAL CRIMINAL COURT</hi> </p>
<hi rend="largeCaps">COTTON, MAYOR. NINTH SESSION</hi>.</p>
<hi rend="italic">A star</hi> (*)
<hi rend="italic">denotes that prisoners have been previously in custody—two stars</hi> (**)
<hi rend="italic">that they have been more than once in custody—an obelisk</hi> (†)
<hi rend="italic">that they are known to be the associates of bad characters—the figures after the name in the indictment denote the prisoner's age.</hi> </p>
<hi rend="largeCaps">LONDON AND MIDDLESEX CASES</hi>.</p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Monday, June</hi> 26
<hi rend="italic">th</hi>, 1876.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
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<interp inst="def1-434-18760626" type="age" value="21"/>
<interp inst="def1-434-18760626" type="surname" value="NUTT"/>
<interp inst="def1-434-18760626" type="given" value="JAMES WILLIAM"/>
<hi rend="largeCaps">JAMES WILLIAM NUTT</hi> (21)</persName>,
<hi rend="italic">and</hi>
<persName id="def2-434-18760626" type="defendantName">
<interp inst="def2-434-18760626" type="gender" value="male"/>
<interp inst="def2-434-18760626" type="age" value="19"/>
<interp inst="def2-434-18760626" type="surname" value="NIKELL"/>
<interp inst="def2-434-18760626" type="given" value="CARL FERDINAND"/>
<hi rend="largeCaps">CARL FERDINAND NIKELL</hi> (19)</persName>, were indicted for
<rs id="t18760626-434-offence-1" type="offenceDescription">
<interp inst="t18760626-434-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18760626-434-offence-1" type="offenceSubcategory" value="perjury"/> unlawfully conspiring, by means of false affidavits, to obstruct the course of justice.
<hi rend="italic">Other Counts</hi>—varying the mode of charge.</rs> </p>
<hi rend="smallCaps">MESSRS. BESLEY</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">HORACE AVORY</hi>
<hi rend="italic">conducted the Prosecution;</hi>
<hi rend="smallCaps">MESSRS. WARNER SLEIGH</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MACMORRAK</hi>
<hi rend="italic">appeared for Nutt, and</hi>
<hi rend="smallCaps">MR. ROLLTN</hi>
<hi rend="italic">for Nikell</hi> </p>
<hi rend="smallCaps">
<persName id="t18760626-name-15" type="witnessName">
<interp inst="t18760626-name-15" type="gender" value="male"/>
<interp inst="t18760626-name-15" type="surname" value="HUSSEY"/>
<interp inst="t18760626-name-15" type="given" value="HENRY"/>HENRY HUSSEY</persName> </hi>. I am a clerk in the Master's Office, Common Pleas Division—I produce two affidavits, one sworn first on 25th November, 1875, and re-sworn on 29th November and 3rd December—that is a joint affidavit of the two defendants sworn before Mr. Hopwood in an action in the Com
<lb/>mon Pleas, in which William Rawlins was plaintiff and Charles Edward Bannister the defendant—two writs, exhibits, are attached to the affidavits, one to each, marked A and B—the second affidavit was sworn on 3rd of December; it is precisely in the same terms.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. WARNER SLEIGH</hi>. I do not know why the affidavit was re-sworn—I have not looked at them. (
<hi rend="italic">The substance of, the affidavits was that on November 20th the two defendants went to Buckingham Villas, Willesden, to serve the writs; that they there saw Charles Edward 'Bannister, who was personally known to Nutt; that on tapping at the. door Barristers father answered them, and denied that his son was there, and telling them, they were trespassers, took them by the neck and ejected them from the premises and that by reason of his violence and threats they believed it was unsafe to attempt again to give personal service</hi>.)</p>
<hi rend="smallCaps">
<persName id="t18760626-name-16" type="witnessName">
<interp inst="t18760626-name-16" type="gender" value="male"/>
<interp inst="t18760626-name-16" type="surname" value="HOPWOOD"/>
<interp inst="t18760626-name-16" type="given" value="SAMUEL WEYMOUTH"/>SAMUEL WEYMOUTH HOPWOOD</persName> </hi>. I am a solicitor, of 47, Chancery Lane, and am a commissioner to administer oaths in the Supreme Court of Judi
<lb/>cature—this affidavit was sworn by both defendants on 25th November; it was re-sworn by Nutt on 29th November, and re-sworn by both defendants on 3rd December—I do not know why it was re-sworn—the other affidavit, which is identical with the other, was sworn on 3rd December by both defendants—Nikell came into the service of my firm about 23rd November—I never acted as solicitor to Mr. Rawlins; I don't know him at all.</p>
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<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. W. SLEIGH</hi>. I have known Nikell since he has been in our service; he is so still—I was present at Bow Street the first day—I heard that the case was dismissed by Mr. Vaughan—I entertain a very good opinion of Nikell, and but for this trial he would have remained in our service—I know nothing of Nutt.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-17" type="witnessName">
<interp inst="t18760626-name-17" type="gender" value="male"/>
<interp inst="t18760626-name-17" type="surname" value="BANNISTER"/>
<interp inst="t18760626-name-17" type="given" value="CHARLES EDWARD"/>CHARLES EDWARD BANNISTER</persName> </hi>. I am now living at 397, New North Road—I went there on 24th May last—previous to that I resided at 6, Formosa Street, Maida Vale—I was formerly proprietor of the Upper Welsh Harp, at Hendon; I left there on 31st August, 1875—from there I went to 6, For
<lb/>mosa Street, the residence of Miss Crew, to whom I was engaged to be married, and whom I married, on 5th October, 1875—between the time of leaving the Welsh Harp and being married I always resided at Formosa Street—after my marriage I went to Dover; I stayed there about five weeks—I then went to France—I returned to London about 5th or 6th November—I then went to reside at 6, Formosa Street, and have always resided there up to the time of going to New North Road—when I left the Welsh Harp my father and mother, who lived there'with me, went to live at Buckingham Villas, Willesden, one of two semi-detached villas—Mr. and Mrs. Green lived in the other—I have never at any time resided at Buckingham Villas; I have been there several times, but never to stay—I slept there about three nights before I was married; that was between the time of my leaving the Welsh Harp and my marriage—between 5th November, when I returned to town, and 20th November I never slept there; I never went there between those times—on the evening of 20th November I was at 6, Formosa Street—I had never been at Buckingham Villas at all on that day—I did not have any conversation with either of the defendants—on the 20th November I—did not see either of them—the first I heard of the writ being issued against me on these bills of exchange was when my father told me of it—I believe an action had been commenced against me by Mr. Rawlins in January, 1875, and I had given bills of exchange for the amount—I forget the dates when those bills became due; I have not the bills with me. (Mr. Sleigh
<hi rend="italic">said that there were four bills at three, five, six, and eight months, the first three for</hi> 20
<hi rend="italic">l</hi>.
<hi rend="italic">each, the last for</hi> 30
<hi rend="italic">s</hi>.
<hi rend="italic">odd</hi>.) No writ was served on me; I have never seen it; I had received no intimation of it from Mr. Rawlins—it is not true that the two defendants saw me at my father's house at Buckingham Villas on 20th November; I was not there, I was not at Willesden at all—it is not true that the writ of summons had at any time come to my knowledge before 20th November, or that I had evaded the service of it—I did not know Nutt before I saw him at Bow Street; that was the first I saw of him; I had never seen him or Nikell before—I did not see Nutt at the Welsh Harp in January—I was present at the first hearing of the summons at Bow Street; I there saw a man named Harrington standing in the passage with Nutt—he said to Nutt "That is
<hi rend="italic">Charley</hi>" and pointed towards me—I had been in the Court some time.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. W. SLEIGH</hi>. I believed I have subpœnaed the two Miss Blanches to appear here to day; I have instructed my solicitor to do so—this case was dismissed by Mr. Vaughan; I don't know after how mmy adjournments—I did not hear what Mr. Vaughan said—after the summons was dismissed I was bound over to prosecute under the Vexatious Indictments Act, at least Mr. Besley did it for me—since that time I have seen the Miss Blanches several times; I don't believe they volunteered to give evidence for the defence at the police-court, I believe they were paid—</p>
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<p>they gave evidence at the police-court—I did not after the dismissal of the case charge one of the Miss Blanches with assaulting me at the Highgate police-court, it was. at Edgware, it was a cross summons; she was sum
<lb/>moned for assaulting Mrs. Green's son—I don't know about any other summons—I" believe' the summons against Miss Blanch was dismissed, I was fined 1
<hi rend="italic">l</hi>., and 3
<hi rend="italic">l</hi>. 4
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. costs for an assault on Miss Blanch, because I had no one to defend me—the Miss Blanches don't live in a house; they don't live next to me and never did—I never lived at Willesden—I never lived at Buckingham Villas; I don't live there now—I believe they live in the next house to my father; I forget now whether the deftt was first due to Mr. Rawlins in 1873j I can't deny it because I forget—I did not know that I was to pay the bills at Mr. Rawlins' office in the Poultry—those bills have been paid—I forget when the amount was delivered to me—I was not served with a writ by Nutt, on 27th February, 1875—I said at the police-court, that I had never been served with a writ at the Welsh Harp by anybody—I was cross-examined by Mr. Montagu Williams—I did not then say I was served with one three years ago at the Welsh Harp; I said I never was served with a writ from Mr. Rawlins, which I never was, nor by Nutt—I don't recollect all I said at the police-court, but I never was served with a writ—I believe I said "I never had more than one that I am aware of, the amount of that one I can't recollect it was about three years ago"—Mr. Rawlins was not present when the bills were signed; I did not jar any money when I signed the bills, the bills came by post, and were seat back by post signed—I swear that no writ was issued against me By Mr. Rawlins, and that I did not pay the bills to stop proceedings—I never went to Mr. Rawlins' chambers to take up any one of them—I sold the Upper Welsh Harp, on 31st August, to Mr. George—I don't know when the last bill became due—I did not offer to take up any "bill before 5th October, when I went to Dover—while at Dover I did not run over to Calais, and come back again in one day—I went to Calais in one day, and came back the next and then came to London—I have been to Calais scores of times, I only went there once while I was staying at Dover—my father was not staying at Dover at the time I was there, he came down occa
<lb/>sionally, I entered into negotiation for a business at Dover; not for "a music hall, for the London Packet—I applied for it twice, it was refused—after that I went to Calais, and then to London—I did not hear that Nutt was in Dover, the day I went to Calais, it is not true that I went from London on a visit to the country, and simply called" at Dover on my way"; I'stopped there the first night I was married—I heard a portion of my father's evidence at the police-court—there was a pony and trap of mine at the Upper Welsh Harp, and there was some harness; some of it was mine, I sold it and the trap in the sale when all the building stuff was sold off—the pony was my sister-in-law's, Elizabeth Crew—it did not go to my father's place at Buckingham Villas, I swear that—I gave my sister-in-law pony, and she bought the trap and harness herself in the sale; I had given her the pony three or four days before I left the Welsh Harp—I swore at the police-court that I never went to visit my father from 5th November until 29th Deoember, that is true—I was not in the habit of shooting at Willesden; I did sometimes, but very rarely—I never slept at my father's two or three nights a week; I slept there three nights before I was married—I did not sleep there twice a week; I did not know anything of the writ till two or three days after the brokers were in—I did not receive a letter</p>
<xptr type="pageFacsimile" doc="187606260006"/>
<p>from Mr. Rawlins, on 1st October, 1875—I did not have a house called the Hide Volunteers, I held it far a debt, I believe I proved for it—I had a claim on it and had a security by document; I can't tell you the amount, it was my father's house, he built it—I proved against my father's estate 450Z., I am twenty-seven years of age now—my father owed me money, 400f., that was for money lent at different periods—I had receipts for it; I don't know where they are; I except they are somewhere at home—I never kept a banking account—I have had various transactions with my father—I never received a cheque of my father's in payment of the 400
<hi rend="italic">l</hi>., or in payment of any sum at all—I can't tell you at what dates the 400?. Was lent to my father, I have not got the papers here, I have had enough this week to upset me and to take all memory out of my head—I had money left me by my grandmother, and there was my wages and earnings and savings for six years as barman—my wages were more than 10
<hi rend="italic">s</hi>. a week, over a guinea a week, my father never agreed to pay me anything, he used to give me what he thought fit; I used to have presents from my father; I had no settled wages—the Lord Palmerston belonged to my father, he built it; I bought apiece of land next to the Palmerston, I was at the auction mart, my father bid for it, he did not pay for it; I signed the contract after paying the deposit—800
<hi rend="italic">l</hi>. was left to me my grand
<lb/>mother, she left no will, it was left with my cousin for me, it was given to my cousin, William Kirk, before she died—I received it in cash, notes and gold, I kept it in my pocket, it is no trouble to carry 800
<hi rend="italic">l</hi>. in your pocket—I did not carry it about at night, because I took off my trousers—there was lots of furniture at the Upper "Welsh Harp—Mr. George bought it and paid for it, all that was mine; there was some of my father's, which he took with him; none of my furniture was taken to Buckingham Villas, not so much as a chair.</p>
<hi rend="italic">Re-examined.</hi> This trial was postponed from last Session on the appli
<lb/>cation of the defendant's Counsel, because Miss Blanch was not here, and for that reason I have subpœnaed her—she lives a short distance from my father, about 100 yards, it is not a house, it is a wooden place—I stayed at Dover five weeks—this (
<hi rend="italic">produced</hi>) is the bill for my lodging for the last week, at the London Packet, the house I was about taking—I had nothing to do with the music hall—it is untrue that that was my last—known place of business, I was not in business there at all—I slept three nights in different weeks at Buckingham Villas between the time of my leaving tie Welsh Harp and my marriage—I had never been there since my marriage up to 29th December—I have seen my wife this morning, she is in bed, hourly expecting her confinement—I produce a certificate from the doctor, she cannot be moved—I was present when she was examined at the police-court in the prisoner's presence. (
<hi rend="italic">The deposition of Emily Bannister was read as follows:</hi>"11° the wife of Charles Edward Bannister. Iamsisterto the last witness, (Elizabeth Crew); I lived with her up to my marriage. On 5th October last I went to the Upper Welsh Harp at Hendon whilst my husband was the landlord, he left the last day of August and came to live under the same roof as myself; occasionally before" my marriage he might have been away for a day, as far as I know. He slept at 6, Formosa Street. He was never absent more than a night. He sometimes went to his father's: We went to Dover on 5th October and remained there a month, thence to Calais. We were over three weeks at Dover. We went occasionally across to Calais; we were on our wedding trip about a month. My husband came back with me to 6, For mosa</p>
<xptr type="pageFacsimile" doc="187606260007"/>
<p>Street, and resided there ever since.</p>
<hi rend="italic">Cross-examined.</hi> From 31st August to 5th October my husband lived at 6, Formosa Street.
<hi rend="italic">Re-examined.</hi> After we came back to London my husband always slept at home to the present month of January.")</p>
<hi rend="smallCaps">
<persName id="t18760626-name-18" type="witnessName">
<interp inst="t18760626-name-18" type="gender" value="male"/>
<interp inst="t18760626-name-18" type="surname" value="BANNISTER"/>
<interp inst="t18760626-name-18" type="given" value="ELISHA"/>ELISHA BANNISTER</persName> </hi>. I am the father of Charles Edward Bannister—I formerly lived with him at the Welsh Harp, Hendon—he left on 31st August—I left at the same time with my wife and went to Buckingham Villas, Willesden—Mr. and Mrs. Green lived in the nest villa—my son—went to 6, Formosa Street; he never resided with me at Buckingham Villa; he occa
<lb/>sionally visited me there between 31st August and 5th October when he was married, sometimes once a week, sometimes twice a week; I think he slept there about twice, that must have been when he had been out shooting—after his marriage he did not come there, he went to Dover—I never saw him at Buckingham Villas after his marriage up to 20th November—on the evening of 20th November I was at home with my wife, no one else—Mr. and Mrs. Green and their family were in the next house—about 8 o'clock there was a knock at the jbaek door—I was in the kitchen chopping wood; that is at the back of the house—the kitchen windows are level with the door, they look out at the back into the yard, but they are painted blue, so that no one can see through them—I was burning a light—on hearing the knock I went to the side door, opened it, and went round to the back of the jard, and met the two prisoners there—Nutt said "I want to see your son"—I told him he did not live there—he said "You are a liar, he does, I have just seen him chopping wood"—I said "No, you did not, it was me, my son is not here at all"—he said he knew better—I said "For your insolence, you are trespassers here, go off the ground, or I shall put you off"—with that they walked to the fence of the adjoining land—when on the other side of the fence Nutt held a paper in his hand and said "I want you to give this to your son"—I said "My son is not living here, and I shall not take if—that was all the conversation I had with them—Mr. and Mrs. Green were present, they came out during the time I was talking to them; it is an open yard to the two houses and the back doors join—Nutt took away the paper with him—when I opened the door I did not say "Who's there," nor did he say "Me"—I did not say "Who's me?"—he did not reply "
<hi rend="italic">Charley</hi>, it is only me"—he did not say that he had two writs of summons at the suit of Mr. Rawlins—it is not true that I took hold of them by the back of the neck and ejected them from the premises; I used no violence of any sort, I did not touch or lay my hands on them—it is not true that Nutt asked me to ask my son to come out in order to enable him to serve him with the writ, or that I replied that I could not make my son come out unless he liked; no such conversation took place between us—there was no child in my house on this evening, there was a child in Green's—I was at the Bank
<lb/>ruptcy Court on 23rd November—I saw the prisoners there—Nutt said to ffle "We will have you in a day or two, I intend to come down this evening or to-morrow and serve your son. with the writ"—I said "It is no use your coming there, because he don'i live there, and you know well he does not live there"—that same day he wanted me to commit a breach of the peace, he wanted me to strike him and got a crowd round him in the street—it is not true that I said to him I would, serve him as I did before, or make use of any threats to him or either of them—I don't remember ever speaking to—Nikell or he to me—in October or November I was negotiating for the Clarence Theatre and Music Hall, Dover; my son had nothing to do with that—those negotiations were carried on by letterjaad personally too.</p>
<xptr type="pageFacsimile" doc="187606260008"/>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. W. SLEIGH</hi>. I never said that my son never re
<lb/>sided at Dover, but that when he was married he went into the country, and stopped at Dover on the way; nothing of the kind—I know that he did live at Dover—very likely I Bigned an affidavit in an action of Rawlins against my son—I swore that he never lived in the music-hall at Dover—I did not swear that he never lived at Dover—I can't swear what were the contents of the affidavit; I did not draw it, I read it—what I swore to I am sure was correct—I know he was at Dover for a month; I visited him there—I knew that he made two applications for the London Packet—rl did not swear at the police-court that I never gave evidence on his behalf with regard to the London Packet; I did give evidence—I know a gentleman named Har
<lb/>rington; he was in my employment; he merely came to live with us because he was out of business; ha was living with my son at the Upper Welsh Harp; he had no money—the creditors got him made a trustee in my bank
<lb/>ruptcy—there was some arrangement made for him to be the trustee, and that he was to prove for 200
<hi rend="italic">l</hi>. or something of that kind—I never swore that he was made trustee for the purpose of my getting through my liqui
<lb/>dation; I swear that—it was a fictitious debt arranged between me and Harrington—Harrington was turned out, and Mrl White was made trustee—I don't believe Mr. White moved the Court to set aside the claim of 200
<hi rend="italic">l</hi>.; I believe I did it myself; I really could not say now whether Mr. White did it—he is a builder; he is not living rent-free at the semi-detached villas; I swear that—he is living at 26, Palmerston Road, and pays 40
<hi rend="italic">l</hi>. a year—it is not my house; it is a house I built, and I have been robbed of it—White was not in my employment; he has taken contract work for me—I have paid him thousands of pounds—he has not been in my employ
<lb/>ment since 1864—he was employed at the Welsh Harp when it was being rebuilt—I think I employed him in 1864 on some contract work, making stairs—he has never been a witness on my behalf, that I am aware of, only at the Bankruptcy Court; I swear that—he is my trustee under my pre
<lb/>sent bankruptcy; he was not under the former, I paid all my creditors in full—I can't tell you the name of the former trustee; he was a public accountant in the City—in 1862, I think, I settled a public-house on my wife—I remember being examined in April, 1872, by Mr. Snell in the Bank
<lb/>ruptcy Court—I did not then say "I assigned it away in 1865, or there
<lb/>abouts, to Matilda Stockdale;" I never said anything of the kind—I don't remember saying "She paid no money for it"—I assigned it to my wife; I swear that—I was married in 1848—I said "I assigned it to a person of the name of Matilda Stockdale; she lives at the Upper Welsh Harp; she is known there in the name of Mrs. Bannister"—allow me to explain: when I had been married to my wife about twelve months I heard that her husband was alive—to satisfy myself I went to Australia, and found he had been dead about ten years—I came back to England, and have been living with her ever since—the lawyer who drew up the deed said it was better to put in the two names to save any dispute in my family affairs if anything should happen to me, and that was why the name of Matilda Stockdale was put in—I said I had always received the interest for Mrs. Stockdale, but gave the receipts in my own name—I did" not say "I married her in 1865, when I transferred the mortgage"—I said I was married in 1848—my son had a charge on the Rifle Volunteer, and has now—I did not go to the back door at once on 20th November when I heard the knock because it was nailed up—there were no fastenings to the house, it was not finished; it was nailed</p>
<xptr type="pageFacsimile" doc="187606260009"/>
<p>up so that nobody could get in—I went round to the side door; there was a lock on it—I had a light in the kitchen, and I had on a sealskin cap, and was chopping wood—my son's grandmother left him some money; she gave it to me before she died, for him; I swear that—I had several sums; I had 500
<hi rend="italic">l</hi>. at one time; altogether I dare say it might be 800
<hi rend="italic">l</hi>.; I could not say exactly—she gave it me at my own house shortly before she died—I had the use of it, being in the building trade, and I gave it to him—I laid it out for him—I did not say at the Bankruptcy Court that the grand
<lb/>mother left no will and no property—I said she made no property; I never said she left no property, because my wife had received money after her death—I was married in 1848, and I went to Australia towards the latter end of the same year—I went to the husband's relations, and they told me ha bad been dead about ten years—I do not know that my wife had only been married to him four years—I said at the Bankruptcy Court that I could not say when he died—I did not say I did not know that he was supposed to be dead—Mr. Crew claimed some of the goods at the Welsh Harp previous to my son leaving there, under a bill of sale; I don't know the amount—I do not keep any books; I never kept any, only a banking account—I used to bank at the London and County Bank at Paddington—I banked there for several years—my son has had scores of cheques from me on the London and County Bank—I "really could not say in what years I banked there; I know I banked there in 1870, and previous to 1870—in 1864,1 think, I opened the account there; I won't be-confident—I did not say at the police-court that I never kept a banking aocount at all; if I said anything about Jit I said I had no banking account now, but I don't remember mentioning it at the police-court—the pony, trap, and harness was on the premises when the Sheriff seized; I don't know whether it was sold by the Sheriff—it was not on the premises—when, the sale took place—I was paid for the keep of it previous to its being taken away, by Miss Crew—I don't know who took it away, I was not at home; I think the Sheriffs people took it away themselves; that is my candid opinion about it—I think the Sheriff stole it, or the man in charge of it—I lived at the Uppsr Welsh Harp with my son, and managed it at times when I had nothing else to do.</p>
<hi rend="italic">Re-examined.</hi> I have seen Nutt, at the Welsh Harp, he served me with a writ for my son once, he knows me well, but he never saw nay son. till he saw him at Bow Street—he has Been me more than once.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-19" type="witnessName">
<interp inst="t18760626-name-19" type="gender" value="female"/>
<interp inst="t18760626-name-19" type="surname" value="CREW"/>
<interp inst="t18760626-name-19" type="given" value="ELIZABETH"/>ELIZABETH CREW</persName> </hi>. I am a single woman living at 6, Formosa Street, Maida Vale—I have been there nearly two years—my sister Emily lived with me up to the time of her marriage, on 5th October—her husband, Mr. Bannister, lived at the same house from the last day of August, up to the day of his marriage—they returned from their trip some time in November, and came to live with me—they lived there till the end of May, this year—he might have slept away from Formosa Street, once or twice,. but not after he was married.</p>
<hi rend="italic">Cross-examined by</hi> Mr. W. Si'eigh. I can-'t tell what day it was that they left me, I think it is about a month, they went to live at Islington—I believe my brother-in-law is rather fond of shooting—he went "fishing and shooting occasionally after he came from his marriage trip—sometimes he did not get home till 8.30 or 9 o'clock or later, his parents living at Willesden; he used to go there sometimes—when he goes out of course he does not say where he is going; he did not always saywhere he had been—</p>
<xptr type="pageFacsimile" doc="187606260010"/>
<p>he might tell his wife that he had been at Willesden shooting—I don't know where he might go; I don't know whether I met them at the station, when they came home from their honeymoon trip—I don't know that they went to his mother and father's—he came right to our house and stayed with me since then—he went to his father's one day when he came up from Dover, I did not go with him, he called at my house and went back to Dover again, and I drove the pony back to the stables where it used to be—I don't, know Buckingham Villas exactly; I drove once to Miss Blanch's, he might have gone to his father's one night after he came from Dover, before he came to me; I don't know; I have not heard either way—he and his wife have been to see his father and mother once or twice since they came from Dover; know they went there after they came back.</p>
<hi rend="italic">Re-examined.</hi> They did not stay away all night—they have never slept there since November—it was about 5th November, that they went there, not between the 5th and 20th, it might have been after the 20th, but really I don't keep notice of dates.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-20" type="witnessName">
<interp inst="t18760626-name-20" type="gender" value="female"/>
<interp inst="t18760626-name-20" type="surname" value="GREEN"/>
<interp inst="t18760626-name-20" type="given" value="SOPHIA"/>SOPHIA GREEN</persName> </hi>. I am the wife of John Green, and live at 1, Bucking
<lb/>ham Villas, Willesden—I have a little boy twelve years old—my husband is a plasterer by trade, he takes small contracts, and works occasionally for masters—on Saturday evening, 20th November, my husband and I and the child were in our sitting-room at the side of the house—we have a bow window in the front—at the back of the premises there are two stables at the end of the garden—our sitting-room is in front; our house is the nearest to London, and Mr. Elisha Bannister is next door—he and his wife came to live there about 31st August; they had no child there—I used to go in their house frequently, perhaps two or three times a day, as she was all alone and not very well—I would go in and bit with her and take my needle-work—between the time of their coming to live there and 20th of November Charles Edward Bannister never slept there, to my knowledge; he has never lived there—I knew him by sight perfectly well—it is a very lonely road; the nearest house is about 250 or 300 yards off—I remember the evening of 20th November—my husband had come home between 2 and 3 o'clock, and we had tea in the sitting-room—we had a lamp burning in the evening; our attention was called by some voices—we went to the back door, and the moment we got the door open I heard someone say "Will you take this and give to your son?"—Mr. Bannister said "My son does not live here, therefore I cannot give it to him,' and he said "You are trespassing, will you get off?" and by that they either got over the fence or through it, I could not tell which, and after they got over I saw a piece of paper held up by Nutt, and he said "Will you give this to your son f—Mr. Bannister said "I tell you my son does not live here, and therefore I can't give it to him," and by that they went away—at the time Mr. Ban
<lb/>nister spoke about trespassing he was only about a yard, or from that to a yard and a half, from Nutt, but it was impossible for me to see him, because we have a little brick building which just hid him from me—I saw both the strangers, and I knew Mr. Bannister's voiee—he was not near enough to them to take them by the neck; on my oath he never did, because I could see them so distinctly; he never put his hands upon them at all, not while we stood at the door, and they went away before we left the door—about ten days or a fortnight after, Nutt came to our house; it was on a Monday, about the 5th of December, but I will not say to a day, it was about 12 o'clock, or between 12 and 1 o'clock—some man was with him, who I did not know at the time; he has since been pointed out to me,</p>
<xptr type="pageFacsimile" doc="187606260011"/>
<p>he is a man that came from the Crown, at Cricklewood—my little boy was in the room with me, Nutt knocked at the door, and my little boy went to the door; I heard what passed—Nutt said "Does Mr. Charles Bannister live here"—my boy said "No, he does not, he never has lived here, he has not been here for about eight weeks"—Nutt said "You have a thoroughfare from here into the next house"—my boy said "No, we have not"—Nutt said "Are you Mr. Bannister's son"—he said "No," and by that I got up and went to the door—he said "Are you Mrs. Bannister?"—I said "No, I am not," and the man said "No, that is Green, the plasterer's wife"—Nutt said "Mr. Charles Bannister lives here"—I said "No, he does not, he never has lived here"—he said "You have a thoroughfare from here into the next house"—I said "No"—he said "Did not Mr. Charles Bannister sit in that room with you a week ago last Saturday night"—I said "No, it was not Mr. Charles Bannister, it was my husband"—he said "Oh, no, it was not, it was Charles Bannister, I know him very well"—I said "Well, I can assure you it was my husband"—he said "Oh, I know Mr. Bannister, I came up from Dover in the same train as he did last week, will you swear that Mr. Bannister did not sit in that room with you"—I said "I can swear it, it was my husband"—he said "Oh, I suppose if you was wanted to swear it was him you would swear so," and by that I shut the door in his face, and he went away—he came down again about a week after, on a Monday and brought with him three or four people—my husband opened the door, they insisted on coming in, and they came in—Nutt said he was going to leave the men in, and he left them and abused me most fearfully—he asked about the thoroughfare, and I had to show him to convince him there was none—there I was no person in my house on 20th November hammering—the only persons in the house were my-husband, myself and child.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. W. SLEIGH</hi>. I am there for the benefit of my little boy's health—I do not pay any rent, I have been there to mind the place—my husband is not in Mr. Bannister's service now, and has not been since we left Hendon; he used to be there—he was a contractor—he was not at work on 20th November, he was there on a contract job, and was making arrangements to take it—we went to live there twelve months ago last April—when Nutt came a week after 20th November, he was very positive that he had seen Charles Bannister, he took his oath almost that he had seen him sitting in the house with me.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-21" type="witnessName">
<interp inst="t18760626-name-21" type="gender" value="male"/>
<interp inst="t18760626-name-21" type="surname" value="GREEN"/>
<interp inst="t18760626-name-21" type="given" value="JOHN"/>JOHN GREEN</persName> </hi>. The last witness is my wife, I have been living with her, and my son at Buckingham Villas, Willesden—in the evening of 20th November, I was sitting with them; we had a lamp in the room—we heard a disturbance out at the back—I went out a few minutes afterwards and saw two men and Mr. Bannister, the two men were at the other side of the fence which had been blown down with the wind—Mr. Bannister was on this side the fence—I heard him say to them "You are trespassing here, get off my premises"—they held up a piece of paper to him and said "Will you give this to your son"—he said "I can't give it to my son because he does not live here"—I should not think they were more than a yard from Mr. Bannister, when the paper was held up—they then went up the plot of ground into the road, and I saw no more of them, they took the paper with them—Mr. Bannister did not put his hand on either of their necks while I was there—there was no violence that I saw; I had been Irving here since April—I know Charles Edward Bannister, I never knew him to</p>
<xptr type="pageFacsimile" doc="187606260012"/>
<p>live next door with his father and mother; I have seen him there occa
<lb/>sionally—I don't think he had been there since his marriage, I had not seen him, he was not there that night.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. W. SLEIGH</hi>. I did not notice Mr. Elisha Bannister chopping wood that night; if it had been going on I could have heard it—the altercation might have been going on three or four minutes; I heard a disturbance and that made me go out—they were then off the premises, on the other side of the fence.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-22" type="witnessName">
<interp inst="t18760626-name-22" type="gender" value="male"/>
<interp inst="t18760626-name-22" type="surname" value="HARRINGTON"/>
<interp inst="t18760626-name-22" type="given" value="WILLIAM"/>WILLIAM HARRINGTON</persName> </hi>. I live at 15, Little Queen Street, Holborn—in 1875, I was staying at the Upper Welsh Harp, at Hendon—I was there in January and February, I recollect Nutt coming there, I" don't know the date, I believe I saw him serve a writ on Mr. Elisha Bannister—Charles Edward Bannister was not present at the time, he was at the Welsh Harp, but was not present—I had a slight knowledge of Nutt—I saw him in the passage at Bow Street, and asked what he was there for—he said in Bannister's matter, I looked round and saw Charles Bannister, and a friend or two with him, and I said "That is
<hi rend="italic">Charley</hi> Bannister"—he said "Oh, which is Charles," and I pointed him out to him—I was in the Court during the examination of the witnesses, and Nutt handed me a little bit of paper—this is it—I had handed a piece of paper to him, and this was his answer. (
<hi rend="italic">Read;</hi> "I have shown your answer to my note to Mr. Williams, and probably he may call you to prove that you never knew Bannister, and that you did not point him out to me; why should I ask you to point him to me when I knew him personally. With kind love."</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. W. SLEIGH</hi>. I don't think my note was a kind offer of assistance to him, it was asking him how it was he called on me to make the remark I did to him, as to Charles Bannister, not knowing him, that he had never seen him till he was in the box—to the best of my belief Nutt served a writ on Mr. Elisha Bannister in February last at the Upper Welsh Harp—I think there was some shooting going on in the grounds that day and Charles Bannister was managing it—I don't know whether there was anydody with Nutt—I don't know whether he went into the grounds; I don't know how long he was there—he might have been there two hours and probably went into the grounds—there were hundreds of people in front of the bar that day—he was not told by me or in my presence that Charles Bannister was in the grounds managing the shooting match—he did not tell me he had come to serve a writ on Charles Bannis
<lb/>ter—I did not know what he came for—he served it on Mr. Elisha Bannis
<lb/>ter, not on Charles—I did not see it, I only know it by Mr. Elisha Bannister telling me, and that he had made a mistake he had served it on the father instead of Charles—I did not give evidence at the police-court.</p>
<hi rend="italic">Re-examined.</hi> Charles Bannister had been examined before the note was given to me by Nutt—he gave it 'me at the first meeting—I had not heard Charles Bannister make any statement about my pointing him out to Nutt, not till I received that—I heard Bannister in the box, and my memorandom was "How is it you told me that you served Charles Edward Bannister personally and it is not the case," and he handed me that note which was tantamount to saying "Go into the box and say you did not point him out" that was my construction of it—he had told me that he had personally served Charles Edward Bannister, I don't know when—the first time I met him in the Court at Bow Street, I asked him what he was there for, he said "In Bannister's matter"—I did not know what it was about—</p>
<xptr type="pageFacsimile" doc="187606260013"/>
<p>I went into the Court from curiosity and I heard Charles Edward Ban
<lb/>nister distinctly say that he never saw Nutt till I pointed him out—I did point him out, and my first conviction was that he had never seen Nutt; on hearing that I wrote a note to Nutt and this was his answer to it.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. I am trustee under the liquidation of Bannister the father—I tried to prove a debt, that is not a matter relevant to this case—it was not a fictitious debt—I was down as a debtor for 200
<hi rend="italic">l</hi>., a portion of that was money lent, but the security I had was made up of some old debts of Bannister's and I was put down as a creditor and trustee—I had lent him previous to his bankruptcy close upon 80
<hi rend="italic">l</hi>. or 90
<hi rend="italic">l</hi>. and the remainder was old debts, some years ago; Bannister
<hi rend="italic">felt</hi> inclined to renew those debts and I did not object to it.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-23" type="witnessName">
<interp inst="t18760626-name-23" type="gender" value="male"/>
<interp inst="t18760626-name-23" type="surname" value="ALTRIA"/>
<interp inst="t18760626-name-23" type="given" value="JOHN"/>JOHN ALTRIA</persName> </hi>. I am a sheriff's man—on 13th December, 1875, I ac
<lb/>companied the officer of the sheriff to Buckingham Villas, Willesden, and was left there—I was not in the villas—we., levied on a performing bear, not in the house at all—I took the bear in execution—I was there sixteen days—I took possession of a trap in the stable, some harness and the like of that, but nothing in the villas.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. W. SLIEGH</hi>. There was a pony, trap and harness, it escaped somehow—I did not steal it or take it away; it was not taken by my consent.</p>
<hi rend="italic">The following Witnesses were called for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760626-name-24" type="witnessName">
<interp inst="t18760626-name-24" type="gender" value="female"/>
<interp inst="t18760626-name-24" type="surname" value="BLANCHE"/>
<interp inst="t18760626-name-24" type="given" value="ANNIE"/>ANNIE BLANCHE</persName> </hi>. I live in Buckingham Road, Willesden, in a small wooden house, with my sister, Ellen Blanche—we are dealers in eggs for the London market—I saw Nutt on the 20th November last year, in the Buckingham Road—I cannot say the time, it was nearly dusk—he made an enquiry of me as to where I lived and near where—he asked me if I knew Charles Banister—I had seen Charles Banister before Nutt spoke to me, every day—I had seen him in the afternoon of the 20th November—I was taking eggs out at 2.30 to 3 o'clock—I saw he was chopping wood in the back yard—I saw a report of the case at Bow Street in the newspaper—I was not asked by Nutt to give evidence, I came voluntarily.</p>
<hi rend="italic">Cross-examined.</hi> I met Nutt, who had some one with him, but I do not know who it was—there was a conversation, then we parted, I went on my way and they on theirs, to London—I did not know Mr. Nutt before—I knew the Bannisters—my sister and I were occupying a portion of the premises, the same as Elisha Bannister, in Palmerston Road No. 29—we bad the kitchen, the basement—we were the tenants of Mr. Elisha Bannister—he was living in the house—we kept pigs there; the parish objected and we had to leave—it was in the year 1871—my sister removed some slates belonging to Mr. Ferguson, the solicitor employed to build Buckingham Villas—they were brought to her to remove, she took them to Mr. Ferguson's wharf—they were taken away on a Saturday—I did not know the police were spoken to; they were restored to Mr. Fergusons wharf on the Monday morning—Mr. Ferguson did not complain that we bad taken them away—the foreman came down; he was not very rude—he did not say we had stolen the slates—he did not say he had spoken to the police—I said at the police-court that I had been that afternoon in Mr. Bannister's, in Great Marylebone Street, and Bannister's shop was on the right hand side, three or four doors down—I did not say I. was in the habit of going there three or four times a week—I said I served the shop three or four times a week—I said I had been to Bannister's with eggs</p>
<xptr type="pageFacsimile" doc="187606260014"/>
<p>that afternoon—it is not true I had been there before—I was there on that day; I took some eggs there, the 20th November—I did say "I keep no account of any of the shops I served; Bannister's shop is three or four shops up Marylebone, on the right coming from my place"—Nutt recognized me at the Bow Street police-court—that was the first time I spoke to him since the 20th November—I did not offer money to any one to come up and be witnesses against Mr. Bannister—I knew a person of the name of William Campion—I did not say he could get 5
<hi rend="italic">l</hi>. by swearing that Charles Bannister lived there, and point to the villas; nor that he would only be swearing the truth—I did not say further that I would give Campion and Piper a few days to consider whether they would not come up and swear they knew Charles Bannister lived at Buckingham Villas—I did ask Campion on the 23rd February, "Did I offer you 5
<hi rend="italic">l</hi>.;—I asked him how he could say such a thing—he told me he had been offered ten
<hi rend="italic">quid</hi> to come and swear; it would be very handy, but he should only make a mess of it if he came and swore that Charles did not live there—I never spoke to Piper—he was not present—I did not say at the police-court "I know all about this case from a man who keeps a garden, his name is William Campion"—I said I had heard about the case from a man who keeps a garden, and then I afterwards saw it in the paper—I am quite sure after speaking to Nutt I went on and he came on towards London with his com
<lb/>panion—I did say Charles Edward Bannister lived at Buckingham Villas all the time from the time he left the Welsh Harp to the day he was married, and I say so now—and after he was married he came back there and lived there all the time up to when I met Nutt in the road—I did not say I was not going to come (as
<hi rend="italic">a witness</hi>) without my 100
<hi rend="italic">l</hi>.—I mentioned nothing about money when Nutt's solicitor was subpoenaing me—I did come, but my sister was not well enough—she is here to-day—my deposition was read over to me before I signed it, but I do not believe some of the words were put down right when read over to me, not put in the form I said it.</p>
<hi rend="italic">Re-examined.</hi> I did not object to it, it being substantially true—I did not say "I went to the shop three or four times a week"—I said "I served them"—I did not say "I knew all about the case from a man who keeps a garden up there, whose name is William Campion"—I said I knew about the case.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-25" type="witnessName">
<interp inst="t18760626-name-25" type="gender" value="female"/>
<interp inst="t18760626-name-25" type="surname" value="BLANCHE"/>
<interp inst="t18760626-name-25" type="given" value="ELLEN"/>ELLEN BLANCHE</persName> </hi>. I am sister of the last witness—I live in Buckingham Road; I was living there on the 6th November—I know Charles Edward Bannister—I saw him on that day when I came home, about 6 o'clock, ho was mowing grass—on the 20th he was putting a post up in the yard—I was in the habit of passing the house in the morning—I have seen him in the morning—I have seen his wife in the morning—in November she was adjusting a timepiece or something at about 7.45 in the morning—I know Mrs. Charles Edward Bannister—I have also seen her in the back yard in the morning about 8 o'clock—it was about 12 o'clock in the day that I saw Charles Edward Bannister putting up a post on the 20th November—I saw him every day in November.</p>
<hi rend="italic">Cross-examined.</hi> I was examined at the police-court—I did not hear my sister's evidence—my sister had never seen Mrs. Davis until the 20th November in Great Marylebone Street, High Street, Marylebone—my sister serves the shop, but she never went there—I said at the police-court she served Mrs. Davis, but she did not go there—I took the eggs—I was asked</p>
<xptr type="pageFacsimile" doc="187606260015"/>
<p>the question if she went to Mrs. Davis three or four times a week—she never went there only upon that day that I sent the eggs—I said she went away upon the 20th, between 2 o'clock and 2.30, and came back again from 5 to 6 o'clock, as near as I can remember—I did not say I was not coming upon the subpoena, I was not going to lose 100
<hi rend="italic">l</hi>.—I have not received a farthing, no offer of money has been made—my sister did not say in my presence she was not going to be done out of 100
<hi rend="italic">l</hi>.—I did say at the police-court I had not been on good terms with Mr. Charles Edward Bannister; his society was too hateful, and I say it again—I know something about ten
<hi rend="italic">quid</hi> being mentioned—Campion told me he said "If I come to swear any
<lb/>thing but the truth I shall only make a mess of it"—ten
<hi rend="italic">quid</hi> would be very handy, but still I shall not come"—my sister did not say in my pre
<lb/>sence that Campion and Piper could have 5
<hi rend="italic">l</hi>. a piece if they would come and swear Bannister lived at Buckingham Villas—from time to time I had. seen Charles Bannister in the company of Green, the plasterer, after the return from the marriage up to the time when I was examined at the police-court—Charles Bannister was living there from the time he left the Welsh Harp, up to his marriage and regularly afterwards with his wife.</p>
<hi rend="italic">Re-examined.</hi> I have not been able to be up before, because of illness—I had a blow in the chest from Charles Bannister and I do not think I shall ever get over it—I do not know a railway porter of. the name of Barker—some one came to my house upon the Saturday night before the last Sessions at 20 o'clock—my sister went to the door and I told her to go in, I do not thank anybody to come to my place at 10 o'clock at night whoever they are, and I think if a note had been written by Mr. Nutt or anybody else it would have been better, as our slander has been too much—I heard something about a subpoena outside and I told them to be off about their, business, and they told me they should throw it in the garden, and they threw it there—I was very angry with their coming—there was no other reason than my illness for. not attending on the Monday—I gave no other reason.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-26" type="witnessName">
<interp inst="t18760626-name-26" type="gender" value="male"/>
<interp inst="t18760626-name-26" type="surname" value="STAGG"/>
<interp inst="t18760626-name-26" type="given" value="WILLIAM JEFFERY"/>WILLIAM JEFFERY STAGG</persName> </hi>. I am a printer—I know Charles Bannister—I was at Willesden in the month of December last year—I know Nutt—I took a piece of paper on the 6th to Buckingham Villas; Nutt gave it to me—I took it to Mr. Charles Bannister; I was not able to deliver it—I saw Nutt again directly; we accompanied each other for a short distance, and went back to the house again—we went to Mr. Green's house, and saw Mrs. Green and her boy—we asked about Mr. Charles Bannister; we went in again to Mr. Bannister's house—Mr. Nutt said "Here, Charlie, I want you; I have got something for you," but he did not stay to hear what he had to say to him, and went indoors again—I went to the house after he had gone in—I did not see him after he went in—someone answered me; it was something like a woman's voice—the door was not opened to me—as I was going away from the house a little boy ran after us with the writ that had been put under the door, and threw it down, saying "Here is something for you"—we said we should not take it.</p>
<hi rend="italic">Cross-examined.</hi> I had known Charles Edward Bannister before—I was not taken by Nutt to point him out—Nutt asked me to show him Buck
<lb/>ingham Villas—that was on the 6th December; it was in the evening, but I could not say the time, whether before 5 o'clock or after—I had been at home that day, at Cricklewood—I occupied a house there, but I live near my work now—I think I dined at home, I won't swear—I have a wife and two children; they were at home the first part of the day when I was there</p>
<xptr type="pageFacsimile" doc="187606260016"/>
<p>our dinner time is generally between 1 and 2 o'clock—I think it was after dinner when I left home; I am sure it was—I then went to the Crown, at Cricklewood—I met Mr. Nutt there; I remained there with him about ten minutes or a quarter of an hour—it was not an appointment, I had never seen him before; he was a perfect stranger—I was subpœnaed to the police-court; I was not examined, my affidavit was taken.</p>
<hi rend="italic">Re-examined.</hi> He asked me if I would go with him to Buckingham Villas, as he did not like going alone.</p>
<hi rend="smallCaps">MR. BESLEY</hi>,
<hi rend="italic">in reply, put in an affidavit made by Nutt at the last Session, in which he applied for a postponement of the trial, on the ground of the absence of Ellen and Annie Blanch, who were material witnesses on his behalf, but who were afraid to appear.</hi> </p>
<hi rend="smallCaps">
<rs id="t18760626-434-verdict-1" type="verdictDescription">
<interp inst="t18760626-434-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760626-434-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<rs id="t18760626-434-verdict-2" type="verdictDescription">
<interp inst="t18760626-434-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18760626-434-verdict-2" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="italic">The Jury strongly recommended Nikell to mercy.</hi> </rs> </p>
<hi rend="largeCaps">NUTT</hi>
<hi rend="italic">
<rs id="t18760626-434-punishment-1" type="punishmentDescription">
<interp inst="t18760626-434-punishment-1" type="punishmentCategory" value="imprison"/>
<interp inst="t18760626-434-punishment-1" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-434-18760626 t18760626-434-punishment-1"/>Nine Months' Imprisonment.</rs> </hi> </p>
<hi rend="largeCaps">NIKELL</hi>
<rs id="t18760626-434-punishment-2" type="punishmentDescription">
<interp inst="t18760626-434-punishment-2" type="punishmentCategory" value="miscPunish"/>
<interp inst="t18760626-434-punishment-2" type="punishmentSubcategory" value="sureties"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-434-18760626 t18760626-434-punishment-2"/>
<hi rend="italic">To enter into his own recognisances to appear.</hi> </rs> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Monday, June</hi> 26
<hi rend="italic">th</hi>, 1876.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18760626-435">
<interp inst="t18760626-435" type="uri" value="sessionsPapers/18760626"/>
<interp inst="t18760626-435" type="date" value="18760626"/>
<join result="criminalCharge" id="t18760626-435-charge-1" targOrder="Y" targets="def1-435-18760626 t18760626-435-offence-1 t18760626-435-verdict-1"/>
<join result="criminalCharge" id="t18760626-435-charge-2" targOrder="Y" targets="def2-435-18760626 t18760626-435-offence-2 t18760626-435-verdict-2"/>
<persName id="def1-435-18760626" type="defendantName">
<interp inst="def1-435-18760626" type="gender" value="male"/>
<interp inst="def1-435-18760626" type="age" value="36"/>
<interp inst="def1-435-18760626" type="surname" value="DRAKER"/>
<interp inst="def1-435-18760626" type="given" value="HENRY"/>
<hi rend="largeCaps">HENRY DRAKER</hi> (36)</persName>,
<hi rend="italic">and</hi>
<persName id="def2-435-18760626" type="defendantName">
<interp inst="def2-435-18760626" type="gender" value="female"/>
<interp inst="def2-435-18760626" type="age" value="24"/>
<interp inst="def2-435-18760626" type="surname" value="DRAKER"/>
<interp inst="def2-435-18760626" type="given" value="MARY ANN"/>
<hi rend="largeCaps">MARY ANN DRAKER</hi> (24)</persName>
<rs id="t18760626-435-offence-1" type="offenceDescription">
<interp inst="t18760626-435-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18760626-435-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Un
<lb/>lawfully having in their possession a mould for coining, to which</rs> </p>
<hi rend="largeCaps">HENRY DRAKER</hi>
<rs id="t18760626-435-verdict-1" type="verdictDescription">
<interp inst="t18760626-435-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760626-435-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>
<hi rend="smallCaps">PLEADED GUILTY</hi> </rs>,
<hi rend="italic">and produced on behalf of the other prisoner a certificate of their marriage, upon which</hi>
<hi rend="largeCaps">MR. CRAUFURD</hi>
<hi rend="italic">offered no evidence against.</hi> </p>
<hi rend="largeCaps">MARY ANN DRAKER</hi>
<hi rend="smallCaps">
<rs id="t18760626-435-verdict-2" type="verdictDescription">
<interp inst="t18760626-435-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18760626-435-verdict-2" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p>
<hi rend="largeCaps">HENRY DRAKER</hi>
<hi rend="italic">
<rs id="t18760626-435-punishment-3" type="punishmentDescription">
<interp inst="t18760626-435-punishment-3" type="punishmentCategory" value="imprison"/>
<interp inst="t18760626-435-punishment-3" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-435-18760626 t18760626-435-punishment-3"/>Seven Years' Penal Servitude</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18760626-436">
<interp inst="t18760626-436" type="uri" value="sessionsPapers/18760626"/>
<interp inst="t18760626-436" type="date" value="18760626"/>
<join result="criminalCharge" id="t18760626-436-charge-1" targOrder="Y" targets="def1-436-18760626 t18760626-436-offence-1 t18760626-436-verdict-1"/>
<persName id="def1-436-18760626" type="defendantName">
<interp inst="def1-436-18760626" type="gender" value="male"/>
<interp inst="def1-436-18760626" type="age" value="20"/>
<interp inst="def1-436-18760626" type="surname" value="ADAMS"/>
<interp inst="def1-436-18760626" type="given" value="GEORGE"/>
<interp inst="def1-436-18760626" type="occupation" value="Post Office"/>
<hi rend="largeCaps">GEORGE ADAMS</hi> (20)</persName>,
<hi rend="smallCaps">
<rs id="t18760626-436-verdict-1" type="verdictDescription">
<interp inst="t18760626-436-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760626-436-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18760626-436-offence-1" type="offenceDescription">
<interp inst="t18760626-436-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760626-436-offence-1" type="offenceSubcategory" value="mail"/>to stealing, while em
<lb/>ployed in the Post Office, a post letter, the property of
<persName id="t18760626-name-30" type="victimName">
<interp inst="t18760626-name-30" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18760626-436-offence-1 t18760626-name-30"/>Her Majesty's Post
<lb/>master-General</persName>.</rs> </p>
<hi rend="italic">He received a good character—
<rs id="t18760626-436-punishment-4" type="punishmentDescription">
<interp inst="t18760626-436-punishment-4" type="punishmentCategory" value="imprison"/>
<interp inst="t18760626-436-punishment-4" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-436-18760626 t18760626-436-punishment-4"/>Three Months' Imprisonment.</rs> </hi> And</p> </div1>
<div1 type="trialAccount" id="t18760626-437">
<interp inst="t18760626-437" type="uri" value="sessionsPapers/18760626"/>
<interp inst="t18760626-437" type="date" value="18760626"/>
<join result="criminalCharge" id="t18760626-437-charge-1" targOrder="Y" targets="def1-437-18760626 t18760626-437-offence-1 t18760626-437-verdict-1"/>
<persName id="def1-437-18760626" type="defendantName">
<interp inst="def1-437-18760626" type="gender" value="female"/>
<interp inst="def1-437-18760626" type="age" value="23"/>
<interp inst="def1-437-18760626" type="surname" value="MOUNTFORD"/>
<interp inst="def1-437-18760626" type="given" value="ELIZABETH"/>
<hi rend="largeCaps">ELIZABETH MOUNTFORD</hi> (23)</persName>
<rs id="t18760626-437-offence-1" type="offenceDescription">
<interp inst="t18760626-437-offence-1" type="offenceCategory" value="miscellaneous"/>
<interp inst="t18760626-437-offence-1" type="offenceSubcategory" value="concealingABirth"/>, to unlawfully endeavouring to conceal the birth of her child—</rs>
<hi rend="italic">
<rs id="t18760626-437-verdict-1" type="verdictDescription">
<interp inst="t18760626-437-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760626-437-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty]</rs>
<rs id="t18760626-437-punishment-5" type="punishmentDescription">
<interp inst="t18760626-437-punishment-5" type="punishmentCategory" value="noPunish"/>
<interp inst="t18760626-437-punishment-5" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-437-18760626 t18760626-437-punishment-5"/>Judgment respited</rs>. (See Half-yearly Index</hi>.)</p> </div1>
<div1 type="trialAccount" id="t18760626-438">
<interp inst="t18760626-438" type="uri" value="sessionsPapers/18760626"/>
<interp inst="t18760626-438" type="date" value="18760626"/>
<join result="criminalCharge" id="t18760626-438-charge-1" targOrder="Y" targets="def1-438-18760626 t18760626-438-offence-1 t18760626-438-verdict-1"/>
<persName id="def1-438-18760626" type="defendantName">
<interp inst="def1-438-18760626" type="gender" value="male"/>
<interp inst="def1-438-18760626" type="age" value="41"/>
<interp inst="def1-438-18760626" type="surname" value="MCGRATH"/>
<interp inst="def1-438-18760626" type="given" value="JEREMIAH"/>
<hi rend="largeCaps">JEREMIAH McGRATH</hi> (41)</persName>
<rs id="t18760626-438-offence-1" type="offenceDescription">
<interp inst="t18760626-438-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18760626-438-offence-1" type="offenceSubcategory" value="coiningOffences"/>, Unlawfully having in his possession nine counterfeit florins with intent to utter them.</rs> </p>
<hi rend="smallCaps">MESSRS. LLOYD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">DE MICHELE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760626-name-33" type="witnessName">
<interp inst="t18760626-name-33" type="gender" value="male"/>
<interp inst="t18760626-name-33" type="surname" value="BOYENN"/>
<interp inst="t18760626-name-33" type="given" value="WILLIAM"/>WILLIAM BOYENN</persName> </hi> (
<hi rend="italic">Detective Officer E</hi>). On 8th June, in consequence of information I received, I went with Detective Allison to the corner of Castle Street, King Street, Long Acre—I saw the prisoner with eight or twelve others come out of the Horse and Groom—the others came towards me—I went up to the prisoner, and as soon as I touched him, he threw down a packet—he struggled to get away, and said "I did not do that, I know nothing at all about it"—I took him to the station—the packet was undone there by Allison, and it contained nine counterfeit florins, each with a piece of paper round it—when I took him another man ran away—he said "Why did not you catch the other man running away?"—the other man was 30 or 40 yards off.</p>
<hi rend="italic">Cross-examined by the Prisoner</hi>. I do not know the man who ran away.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-34" type="witnessName">
<interp inst="t18760626-name-34" type="gender" value="male"/>
<interp inst="t18760626-name-34" type="surname" value="ALLISON"/>
<interp inst="t18760626-name-34" type="given" value="JOHN"/>JOHN ALLISON</persName> </hi> (
<hi rend="italic">Detective Officer E</hi>). I was with Boyenn and saw him catch hold of the prisoner—I saw another man running 30 or 40 yards off—the prisoner threw a packet down in the road; I picked it up—the prisoner said "Another man threw that down"—I said "You seem to know some
<lb/>thing about it, you seem to know what it contains," and he made no reply—I opened it at the station, it contained nine counterfeit florins (
<hi rend="italic">produced</hi>).</p>
<xptr type="pageFacsimile" doc="187606260017"/>
<hi rend="italic">Cross-examined.</hi> There were very few people between you and me when you were apprehended—there might have been a wagon, I did not notice it.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-35" type="witnessName">
<interp inst="t18760626-name-35" type="gender" value="male"/>
<interp inst="t18760626-name-35" type="surname" value="WEBSTER"/>
<interp inst="t18760626-name-35" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. All these coins are bad.</p>
<hi rend="italic">The Prisoner in his defence stated that another man in his company threw down the packet at the moment he was seized.</hi> </p>
<hi rend="smallCaps">
<rs id="t18760626-438-verdict-1" type="verdictDescription">
<interp inst="t18760626-438-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760626-438-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.**</p>
<hi rend="italic">He also</hi>
<hi rend="smallCaps">PLEADED GUILTY</hi>
<hi rend="italic">to having been previously convicted of a similar offence—
<rs id="t18760626-438-punishment-6" type="punishmentDescription">
<interp inst="t18760626-438-punishment-6" type="punishmentCategory" value="imprison"/>
<interp inst="t18760626-438-punishment-6" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-438-18760626 t18760626-438-punishment-6"/>Five Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18760626-439">
<interp inst="t18760626-439" type="uri" value="sessionsPapers/18760626"/>
<interp inst="t18760626-439" type="date" value="18760626"/>
<join result="criminalCharge" id="t18760626-439-charge-1" targOrder="Y" targets="def1-439-18760626 t18760626-439-offence-1 t18760626-439-verdict-1"/>
<persName id="def1-439-18760626" type="defendantName">
<interp inst="def1-439-18760626" type="gender" value="male"/>
<interp inst="def1-439-18760626" type="age" value="29"/>
<interp inst="def1-439-18760626" type="surname" value="HARRISON"/>
<interp inst="def1-439-18760626" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE HARRISON</hi> (29)</persName>. was indicted
<rs id="t18760626-439-offence-1" type="offenceDescription">
<interp inst="t18760626-439-offence-1" type="offenceCategory" value="royalOffences"/>
<interp inst="t18760626-439-offence-1" type="offenceSubcategory" value="coiningOffences"/> for a like offence.</rs> </p>
<hi rend="smallCaps">MESSRS. LLOYD</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">DE MICHELE</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="largeCaps">PETER HARNELL</hi> (
<hi rend="italic">Police Inspector G</hi>). On 24th May I went to the corner of Gray's Inn Road, in consequence of information, with Constable Bannister —I saw the prisoner leave a public-house with another man—they went into Holborn then into Leather Lane, and then into a thoroughfare in Back Hill—they remained there about half a minute and then went into the Farringdon Road, talking for a few minutes—they separated, the other officer followed the one and I followed the prisoner into a urinal—I said to him "Have you any bad money?" (the other officer had joined me at that time)—he said "If I have I am not aware of it"—we took the prisoner a little way' and searched him—a brown paper packet containing three paper parcels, and in each parcel was ten counterfeit shillings, each divided by a piece of paper, had been found by the other officer in the prisoner's great coat pocket; he asked him where the other man was, and he said that he was with no other man—I said "How can you say that when I watched you myself with the other officer at the corner of the Gray's Inn Road?" he said "I never saw that man before in my life" he was quite half an hour with that man—it was pouring with rain the whole time—the other officer took him to the station and I walked close behind—he had 3
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>. in good money—I was in plain clothes.</p>
<hi rend="italic">Cross-examined.</hi> I do not know what became of the other man—I never saw either of them before in my life—I believe Sergeant Bannister knows the other, man—I said to the prisoner "Have you got any bad money about you?"—I did not say "If you have not, has the other man?"—he said "I have not, you are at liberty to search me"—I followed him three-quarters of a mile from the time I first saw him until he was taken—they parted at the lamp post hurriedly.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-37" type="witnessName">
<interp inst="t18760626-name-37" type="gender" value="male"/>
<interp inst="t18760626-name-37" type="surname" value="BANNISTER"/>
<interp inst="t18760626-name-37" type="given" value="THOMAS"/>THOMAS BANNISTER</persName> </hi> (
<hi rend="italic">Police Sergeant G</hi> 7). On 24th May I saw the pri
<lb/>soner and another man coming out of a public-house—I made a communi cation to Harnell, who joined me—I followed them to Leather Lane—they went into the Coach and Horses, and after that up the Farringdon Road near a lamp post, they were evidently examining something under the lamp—they then separated—the inspector and I were together then—the other man ran sharply towards the corner and I ran, but could not see him—I rejoined the inspector—I went to a urinal, took hold of the prisoner's right hand and said "What became of the other man?"—he said "I have been with no other man"—I said "You have, and I know what your game is, and I have been watching you some time," or "some days;" I had watched them on a previous occasion—he afterwards said "I have never seen that man but three times in ray life"—the inspector asked him if he had any bad money in his possession and he said "If I have I am not aware of it, you can take me to my place of business and search me"—I had known them</p>
<xptr type="pageFacsimile" doc="187606260018"/>
<p>both by sight—we took him into the fire engine station, searched him, and in his right hand great coat pocket I found this packet (
<hi rend="italic">produced</hi>)—there were three packets wrapped up in newspaper, each containing ten counter
<lb/>feit shillings rolled in paper separating each shilling—this was underneath a handkerchief and a tobacco pouch—I said "Harry, there is something wrong here," and I opened the packet and saw what they were—I said "Here is a load and a half of
<hi rend="italic">brakes</hi>" that is a slang term for shillings—the prisoner said "Good gracious, that man must have put them in my pocket"—I said "Then in that case the best thing you can do is to tell me where to find that man"—he said that he did not know where to find him—I found two florins, 1
<hi rend="italic">s</hi>., and 8
<hi rend="italic">d</hi>. in coppers, good money, upon him.</p>
<hi rend="italic">Cross-examined.</hi> I saw what Harnell saw—I have no doubt his eyes are as good as mine—I heard Harnell give his evidence—I did not hear him say anything about examining something—the prisoner had something in his hand, it appeared from where we were standing to be of paper—I won't swear it was not the tobacco pouch—I knew the other man by the name of Captain; I followed him, but lost sight of him—I said that I could not swear upon which side of the prisoner the other man was walking.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-38" type="witnessName">
<interp inst="t18760626-name-38" type="gender" value="male"/>
<interp inst="t18760626-name-38" type="surname" value="WEBSTER"/>
<interp inst="t18760626-name-38" type="given" value="WILLIAM"/>WILLIAM WEBSTER</persName> </hi>. These 30
<hi rend="italic">s</hi>. are all bad.</p>
<hi rend="smallCaps">
<rs id="t18760626-439-verdict-1" type="verdictDescription">
<interp inst="t18760626-439-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18760626-439-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18760626-441">
<interp inst="t18760626-441" type="uri" value="sessionsPapers/18760626"/>
<interp inst="t18760626-441" type="date" value="18760626"/>
<join result="criminalCharge" id="t18760626-441-charge-1" targOrder="Y" targets="def1-441-18760626 t18760626-441-offence-1 t18760626-441-verdict-1"/>
<persName id="def1-441-18760626" type="defendantName">
<interp inst="def1-441-18760626" type="gender" value="male"/>
<interp inst="def1-441-18760626" type="age" value="19"/>
<interp inst="def1-441-18760626" type="surname" value="BOWD"/>
<interp inst="def1-441-18760626" type="given" value="JOHN WILLIAM"/>
<hi rend="largeCaps">JOHN WILLIAM BOWD</hi> (19)</persName>
<rs id="t18760626-441-offence-1" type="offenceDescription">
<interp inst="t18760626-441-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760626-441-offence-1" type="offenceSubcategory" value="mail"/>, Stealing, whilst employed in the Post-office, a post-letter, the property of
<persName id="t18760626-name-40" type="victimName">
<interp inst="t18760626-name-40" type="gender" value="indeterminate"/>
<join result="offenceVictim" targOrder="Y" targets="t18760626-441-offence-1 t18760626-name-40"/>Her Majesty's Postmaster-General</persName>.</rs> </p>
<hi rend="smallCaps">MESSRS. METCALFE</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">SLADE</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760626-name-41" type="witnessName">
<interp inst="t18760626-name-41" type="gender" value="male"/>
<interp inst="t18760626-name-41" type="surname" value="ELLIS"/>
<interp inst="t18760626-name-41" type="given" value="THOMAS MARTIN"/>THOMAS MARTIN ELLIS</persName> </hi>. I am a sorter in the inland branch of the Post-office, and have been in that employ five years—the prisoner was a junior sorter in the newspaper branch—on the morning of the 21st June I was on duty at the Falmouth road sorting table—the next table to that is the North Devon, and the two tables are divided by a—wire partition—the table in front of me was about 5 feet square—about 7.55 a.m. the prisoner came to me for me to repay him 6
<hi rend="italic">d</hi>. which I had borrowed of him on Friday—I paid him and he sat on the rope and took up a handful of letters, looked at them, and put them down—we had some discussion about a cricket match, and I said that I could not talk to him as I had a great deal of work to do—I then saw him put his hand on my table, take up a small packet, and put it up his right sleeve—he then asked me if I was a teetotaller, I said "Yes, at present"—he said "I am going to have half a pint of beer," and walked away with his hat on—Smith, from the next sorting table, then made a communication to me and I went to Mr. Joel, the overseer, who went after the prisoner and brought him back—I then said "You have taken a packet off my table"—he said "It is a lie"—he shook his hand and I saw the packet fall from his sleeve—I said "There is the packet, Mr. Joel, just fallen from his sleeve"—I rushed forward and picked it up and put it in Mr. Joel's hand—there were no letters on the table, a bag hung there but the mouth was closed—this is the box, it was going to Truro, which is on my road.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-42" type="witnessName">
<interp inst="t18760626-name-42" type="gender" value="male"/>
<interp inst="t18760626-name-42" type="surname" value="SMITH"/>
<interp inst="t18760626-name-42" type="given" value="WILLIAM HENRY"/>WILLIAM HENRY SMITH</persName> </hi>. I am a sorter in the inland branch of the Post-office—on the morning of 21st June I was on duty at the North Devon road table, and saw the prisoner sitting on the Falmouth road table—he took up a handful of letters, looked at them, placed them down, and went away with his hat on, which is against the rules—I communicated with Ellis, and Mr. Joel brought the prisoner back—Ellis accused him of taking a packet off his road—the prisoner said that it was a lie; he shook</p>
<xptr type="pageFacsimile" doc="187606260019"/>
<p>his sleeve and I saw the packet fall on my—table—there were' no letters there, I had cleared them all previously—Ellis took it—this is it.</p>
<hi rend="italic">Cross-examined by the Prisoner</hi>. Mr. Joel did not speak to me.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-43" type="witnessName">
<interp inst="t18760626-name-43" type="gender" value="male"/>
<interp inst="t18760626-name-43" type="surname" value="JOEL"/>
<interp inst="t18760626-name-43" type="given" value="CHARLES"/>CHARLES JOEL</persName> </hi>. I am. acting overseer at the inland branch—on 21st June Mr. Ellis made a communication to me and I followed the prisoner to the door of the office—he was going off duty and had his hat on—I asked him to come back and see the inspector, and took him back to the Fulham road table—I heard Ellis say "There is the packet, Mr. Joel, he has just shook it from his sleeve"—I saw it on the table—Ellis took it up—it con
<lb/>tained a mouth-piece, I believe.</p>
<hi rend="italic">Cross-examined.</hi> I think you took your hat off with your right hand and carried it in your right hand; you may have changed it into your left to shake the parcel from your sleeve.</p>
<hi rend="italic">Re-examined.</hi> In coming from the lobby I am not sure in which hand his hat was, but I saw the packet on the table when my attention was called to it.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-44" type="witnessName">
<interp inst="t18760626-name-44" type="gender" value="male"/>
<interp inst="t18760626-name-44" type="surname" value="STEWART"/>
<interp inst="t18760626-name-44" type="given" value="ROBERT"/>ROBERT STEWART</persName> </hi>. I am a boy sorter at the inland branch—on 21st June I saw the prisoner sitting on a corner of Ellis' table with his hat in his hand—I saw Ellis speak to Smith, who spoke to Mr. Joel, and he fetohed the prisoner back—he went to the northern table—I saw him shake his sleeve, and Ellis said there is the packet, Mr. Joel; and when he took his hand away I saw the packet where his hand had been—I was deputed to attend in the Missing Letter Department of the General Post-office in this case, and when the prisoner came in he made a motion, I thought he meant, was I there on his business; I nodded my head—he was afterwards behind a screen and came and asked me if had been doing the same as he had, I said "No?" he said "What are you here for?" I said "On a little business referring to yourself;" he said, "Did you see anything?" I said "That is my business;" he said "Did you see the packet drop from—my sleeve?" I said "I cannot answer you that;" he said then you think I took it, and if you think I took it you had better say so; if I get half a chance I shall say that Ellis must have put the packet there.</p>
<hi rend="italic">Prisoner's Defence</hi>. I never saw the packet till they took it off the table.</p>
<rs id="t18760626-441-verdict-1" type="verdictDescription">
<interp inst="t18760626-441-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760626-441-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">Recommended to mercy by the Jury</hi> </rs>
<hi rend="italic">
<rs id="t18760626-441-punishment-7" type="punishmentDescription">
<interp inst="t18760626-441-punishment-7" type="punishmentCategory" value="imprison"/>
<interp inst="t18760626-441-punishment-7" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-441-18760626 t18760626-441-punishment-7"/>Eighteen Months' Imprisonment.</rs> </hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Tuesday, June</hi> 27
<hi rend="italic">th</hi>, 1876.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
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<interp inst="t18760626-442" type="uri" value="sessionsPapers/18760626"/>
<interp inst="t18760626-442" type="date" value="18760626"/>
<join result="criminalCharge" id="t18760626-442-charge-1" targOrder="Y" targets="def1-442-18760626 t18760626-442-offence-1 t18760626-442-verdict-1"/>
<persName id="def1-442-18760626" type="defendantName">
<interp inst="def1-442-18760626" type="gender" value="male"/>
<interp inst="def1-442-18760626" type="age" value="28"/>
<interp inst="def1-442-18760626" type="surname" value="BROWN"/>
<interp inst="def1-442-18760626" type="given" value="EDWARD"/>
<hi rend="largeCaps">EDWARD BROWN</hi> (28)</persName>,
<hi rend="smallCaps">PLEADED GUILTY</hi>
<rs id="t18760626-442-offence-1" type="offenceDescription">
<interp inst="t18760626-442-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18760626-442-offence-1" type="offenceSubcategory" value="fraud"/>to feloniously trans
<lb/>posing and removing certain marks and dies used by the Goldsmith's Com
<rs id="t18760626-442-verdict-1" type="verdictDescription">
<interp inst="t18760626-442-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760626-442-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty]</rs>
<rs id="t18760626-442-punishment-8" type="punishmentDescription">
<interp inst="t18760626-442-punishment-8" type="punishmentCategory" value="noPunish"/>
<interp inst="t18760626-442-punishment-8" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-442-18760626 t18760626-442-punishment-8"/>
<hi rend="italic">Judgment respited</hi> </rs>. And</p> </div1>
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<interp inst="t18760626-443" type="uri" value="sessionsPapers/18760626"/>
<interp inst="t18760626-443" type="date" value="18760626"/>
<join result="criminalCharge" id="t18760626-443-charge-1" targOrder="Y" targets="def1-443-18760626 t18760626-443-offence-1 t18760626-443-verdict-1"/>
<join result="criminalCharge" id="t18760626-443-charge-2" targOrder="Y" targets="def2-443-18760626 t18760626-443-offence-1 t18760626-443-verdict-1"/>
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<persName id="def1-443-18760626" type="defendantName">
<interp inst="def1-443-18760626" type="gender" value="male"/>
<interp inst="def1-443-18760626" type="age" value="34"/>
<interp inst="def1-443-18760626" type="surname" value="HUNTLEY"/>
<interp inst="def1-443-18760626" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM HUNTLEY</hi> (34)</persName>,
<persName id="def2-443-18760626" type="defendantName">
<interp inst="def2-443-18760626" type="gender" value="male"/>
<interp inst="def2-443-18760626" type="age" value="25"/>
<interp inst="def2-443-18760626" type="surname" value="GRINSTEAD"/>
<interp inst="def2-443-18760626" type="given" value="FREDERICK"/>
<hi rend="largeCaps">FREDE
<lb/>RICK GRINSTEAD</hi> (25)</persName>,
<hi rend="italic">and</hi>
<persName id="def3-443-18760626" type="defendantName">
<interp inst="def3-443-18760626" type="gender" value="male"/>
<interp inst="def3-443-18760626" type="age" value="35"/>
<interp inst="def3-443-18760626" type="surname" value="FISHER"/>
<interp inst="def3-443-18760626" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS FISHER</hi> (35)</persName>
<rs id="t18760626-443-offence-1" type="offenceDescription">
<interp inst="t18760626-443-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760626-443-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, to stealing certain dead fish, the property of
<persName id="t18760626-name-49" type="victimName">
<interp inst="t18760626-name-49" type="gender" value="male"/>
<interp inst="t18760626-name-49" type="surname" value="SMITHERS"/>
<interp inst="t18760626-name-49" type="given" value="GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18760626-443-offence-1 t18760626-name-49"/>George Smithers</persName>.</rs>
<rs id="t18760626-443-verdict-1" type="verdictDescription">
<interp inst="t18760626-443-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760626-443-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty. See original trial image.]</rs> </p>
<hi rend="largeCaps">HUNTLEY</hi>
<rs id="t18760626-443-punishment-9" type="punishmentDescription">
<interp inst="t18760626-443-punishment-9" type="punishmentCategory" value="imprison"/>
<interp inst="t18760626-443-punishment-9" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-443-18760626 t18760626-443-punishment-9"/>
<hi rend="italic">Nine Months' Imprisonment.</hi> </rs> </p>
<hi rend="largeCaps">GRINSTEAD</hi>
<hi rend="italic">and</hi>
<hi rend="largeCaps">FISHER</hi>
<rs id="t18760626-443-punishment-10" type="punishmentDescription">
<interp inst="t18760626-443-punishment-10" type="punishmentCategory" value="imprison"/>
<interp inst="t18760626-443-punishment-10" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-443-18760626 t18760626-443-punishment-10"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-443-18760626 t18760626-443-punishment-10"/>
<hi rend="italic">Six Months' Imprisonment each.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18760626-444">
<interp inst="t18760626-444" type="uri" value="sessionsPapers/18760626"/>
<interp inst="t18760626-444" type="date" value="18760626"/>
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<persName id="def1-444-18760626" type="defendantName">
<interp inst="def1-444-18760626" type="gender" value="male"/>
<interp inst="def1-444-18760626" type="age" value="33"/>
<interp inst="def1-444-18760626" type="surname" value="REYNOLDS"/>
<interp inst="def1-444-18760626" type="given" value="ARTHUR"/>
<hi rend="largeCaps">ARTHUR REYNOLDS</hi> (33)</persName>,
<hi rend="italic">and</hi>
<persName id="def2-444-18760626" type="defendantName">
<interp inst="def2-444-18760626" type="gender" value="female"/>
<interp inst="def2-444-18760626" type="age" value="30"/>
<interp inst="def2-444-18760626" type="surname" value="REYNOLDS"/>
<interp inst="def2-444-18760626" type="given" value="MARY JANE"/>
<hi rend="largeCaps">MARY JANE REYNOLDS</hi> (30)</persName>
<rs id="t18760626-444-offence-1" type="offenceDescription">
<interp inst="t18760626-444-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760626-444-offence-1" type="offenceSubcategory" value="stealingFromMaster"/>, were charged on four indictments for stealing a gold locket and a variety of ewellery of
<persName id="t18760626-name-52" type="victimName">
<interp inst="t18760626-name-52" type="gender" value="male"/>
<interp inst="t18760626-name-52" type="surname" value="HUNT"/>
<interp inst="t18760626-name-52" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18760626-444-offence-1 t18760626-name-52"/>John Hunt</persName> and others, the masters of
<persName id="t18760626-name-53" type="victimName">
<interp inst="t18760626-name-53" type="gender" value="male"/>
<interp inst="t18760626-name-53" type="surname" value="REYNOLDS"/>
<interp inst="t18760626-name-53" type="given" value="ARTHUR"/>
<join result="offenceVictim" targOrder="Y" targets="t18760626-444-offence-1 t18760626-name-53"/>Arthur Reynolds</persName>.</rs> </p>
<hi rend="largeCaps">ARTHUR REYNOLDS</hi>
<hi rend="smallCaps">
<rs id="t18760626-444-verdict-1" type="verdictDescription">
<interp inst="t18760626-444-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760626-444-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18760626-444-punishment-11" type="punishmentDescription">
<interp inst="t18760626-444-punishment-11" type="punishmentCategory" value="imprison"/>
<interp inst="t18760626-444-punishment-11" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-444-18760626 t18760626-444-punishment-11"/>
<hi rend="italic">Eight Years' Penal Servi
<lb/>tude.</hi> </rs> </p>
<hi rend="smallCaps">MR. STRAIGHT</hi>,
<hi rend="italic">for the Prosecutors, offered no evidence against</hi>
<hi rend="largeCaps">MARY JANE REYNOLDS</hi>.</p>
<hi rend="smallCaps">
<rs id="t18760626-444-verdict-2" type="verdictDescription">
<interp inst="t18760626-444-verdict-2" type="verdictCategory" value="notGuilty"/>
<interp inst="t18760626-444-verdict-2" type="verdictSubcategory" value="noEvidence"/>NOT GUILTY</rs> </hi>.</p> </div1>
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<interp inst="t18760626-445" type="date" value="18760626"/>
<join result="criminalCharge" id="t18760626-445-charge-1" targOrder="Y" targets="def1-445-18760626 t18760626-445-offence-1 t18760626-445-verdict-1"/>
<xptr type="pageFacsimile" doc="187606260020"/>
<persName id="def1-445-18760626" type="defendantName">
<interp inst="def1-445-18760626" type="gender" value="male"/>
<interp inst="def1-445-18760626" type="age" value="32"/>
<interp inst="def1-445-18760626" type="surname" value="PLATO"/>
<interp inst="def1-445-18760626" type="given" value="ALEXANDER WILLIAM"/>
<hi rend="largeCaps">ALEXANDER WILLIAM PLATO</hi> (32)</persName>
<rs id="t18760626-445-offence-1" type="offenceDescription">
<interp inst="t18760626-445-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18760626-445-offence-1" type="offenceSubcategory" value="fraud"/>, Unlawfully obtaining a clock and a pair of candelabra, value 150
<hi rend="italic">l</hi>., from
<persName id="t18760626-name-55" type="victimName">
<interp inst="t18760626-name-55" type="gender" value="male"/>
<interp inst="t18760626-name-55" type="surname" value="MARSHALL"/>
<interp inst="t18760626-name-55" type="given" value="JULES"/>
<join result="offenceVictim" targOrder="Y" targets="t18760626-445-offence-1 t18760626-name-55"/>Jules Marshall</persName>, by false pretences.</rs> </p>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760626-name-56" type="witnessName">
<interp inst="t18760626-name-56" type="gender" value="male"/>
<interp inst="t18760626-name-56" type="surname" value="MARSHALL"/>
<interp inst="t18760626-name-56" type="given" value="JULES"/>JULES MARSHALL</persName> </hi> (
<hi rend="italic">interpreted</hi>). I live at 55, Charlotte Street, Fitzroy Square, and am an importer and manufacturer of bronzes—about the last week in September the prisoner called at my premises, and asked to see some bronzes—I showed him a clock and a pair of candelabra at 160
<hi rend="italic">l</hi>.—he offered 150
<hi rend="italic">l</hi>., which I at first declined to take—on 2nd October he called again, took out a cheque-book, and said "If you will give it me for 150
<hi rend="italic">l</hi>. I will give you a cheque at once"—he said his name was Plato, and that he was principal agent for the Australian business for all sorts of things, that he did a great deal of business, but he did not exactly say the extent—he said he wanted these to send with other bronzes, china and porcelain, to Australia—I consented to let him have the goods for the cheque—he told me to deliver the goods at Mr. Southgate's, in London Wall—on Monday I went with somebody and delivered the goods at Southgate's—they did not seem to know anything about the goods coming—I went next door to Plato, who was waiting for me—I said to him "I bring the goods here, but I have not unloaded them—he said "I will come down with you"—he did so, and told Southgate's man to receive the goods for him; they were then unloaded—the prisoner said "After you have unloaded the goods come upstairs to my place," and I did—he made me enter a second room, which was full of bronzes and china goods, and he said those were to be sent off with mine to Australia—he said "I can't give you a cheque to-day," and I was asked through bis head clerk as an interpreter whether, as the bargain could not be concluded that day, I would take 10
<hi rend="italic">l</hi>. on account—what passed at my place was in English—I saw "London & Westminster" on the cheque
<lb/>book he produced—I never got a cheque—I was induced to part with the bronzes seeing the quantity of bronzes and china goods—I had also confi
<lb/>dence in the house of Southgate, also having shown to me some invoices and receipts showing that he was in connection with many French houses—I expected to receive a cheque for my goods, and I went to him three weeks after, and he then offered me three bills—I told him before taking those bills I must have his private address, but I never could get it.</p>
<hi rend="italic">Cross-examined by the Prisoner</hi>. I did not first call at your place of busi
<lb/>ness to say that I had goods for sale—I sent somebody to see the appearance of the place—it was a cheque-book, and not an inquiry-book, that you had when you came to my place—you gave me 10
<hi rend="italic">l</hi>. at your office after the goods were delivered at Southgate's—I did not agree to accept bills for the re
<lb/>mainder; the transaction was for cash—I tried to see you many times afterwards, but only succeeded four times.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. I would not have parted with the goods if I had
<hi rend="italic">not</hi> seen the cheque-book and thought he had an account.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-57" type="witnessName">
<interp inst="t18760626-name-57" type="gender" value="male"/>
<interp inst="t18760626-name-57" type="surname" value="SUGDEN"/>
<interp inst="t18760626-name-57" type="given" value="JOHN"/>JOHN SUGDEN</persName> </hi>. I am in the prosecutor's employ—I remember the pri
<lb/>soner calling with a clerk at my master's premises; I did not hear all that he said the last time he came—I heard him tell his clerk to tell Mr. Mar
<lb/>shall that he had got a large order in Australia, and if Mr. Marshall would accept 150
<hi rend="italic">l</hi>. cash down, he could do business with him—he said he wanted the goods to go to Australia—I went with the prosecutor to deliver the goods at Messrs. Southgate's; the prisoner was not there—I remained in the cart with the goods while the prosecutor went to the prisoner's
<hi rend="italic">office</hi> </p>
<xptr type="pageFacsimile" doc="187606260021"/>
<p>he returned with the prisoner, and I left the goods at Southgate's—I sub
<lb/>sequently called several times at the prisoner's office, but was not able to find him; I found the place closed several times.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-58" type="witnessName">
<interp inst="t18760626-name-58" type="gender" value="male"/>
<interp inst="t18760626-name-58" type="surname" value="ASHTON"/>
<interp inst="t18760626-name-58" type="given" value="RICHARD"/>RICHARD ASHTON</persName> </hi>. I am house-keeper of Guildhall Chambers, Basinghall Street—the prisoner occupied one of the rooms for four weeks—a quantity of goods were brought there—inquiries were made for him Hourly every day, some of which I advised the bearers to take back—at the end of the four weeks he was taken into custody.</p>
<hi rend="italic">Cross-examined by the Prisoner</hi>. You did not tell me you had been shame
<lb/>fully deceived by another man—I advised you to desist from your nefarious transactions and to leave the place—you said you were a dealer in minerals—you owe me about 4
<hi rend="italic">s</hi>.—I did not say if you did not pay me I could do you a great deal of harm—you gave the name of Wilson at first, but after
<lb/>wards wrote a letter in the name of Plato.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-59" type="witnessName">
<interp inst="t18760626-name-59" type="gender" value="male"/>
<interp inst="t18760626-name-59" type="surname" value="LINDLEY"/>
<interp inst="t18760626-name-59" type="given" value="SAMUEL HARMER"/>SAMUEL HARMER LINDLEY</persName> </hi>. I am manager of Guildhall Chambers—I let a room to the prisoner at 421 per annum—he was to pay me 5
<hi rend="italic">l</hi>. on entrance in advance, he never did, or any portion—he signed the agreement in the name of Wilson—he wrote me a letter, signed A. W. Plato, giving two references.</p>
<hi rend="italic">Cross-examined by the Prisoner</hi>. I called on one,—I was not quite satisfied, but I took you on the representations they made—you said you were a general merchant or agent—I had several complaints made of you, applica
<lb/>tions for money for goods delivered.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-60" type="witnessName">
<interp inst="t18760626-name-60" type="gender" value="male"/>
<interp inst="t18760626-name-60" type="surname" value="HERBERT"/>
<interp inst="t18760626-name-60" type="given" value="FELIX NASH"/>FELIX NASH HERBERT</persName> </hi>. I am cashier at the head office of the Lon
<lb/>don and Westminster Bank, Lothbury—I have carefully searched the books of the bank there and at the different branches—in September and October we had no customer of the name of A. W. Plato.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-61" type="witnessName">
<interp inst="t18760626-name-61" type="gender" value="male"/>
<interp inst="t18760626-name-61" type="surname" value="LONDON"/>
<interp inst="t18760626-name-61" type="given" value="STEPHEN"/>STEPHEN LONDON</persName> </hi>. I am manager to Messrs. Southgate, the packers, in London Wall—the prosecutor brought the clock and candelabra there and left them with me, the prisoner subsequently took them away.</p>
<hi rend="italic">Prisoner's Defence</hi>. If I had not been taken into custody I would have paid for the goods.</p>
<hi rend="smallCaps">
<rs id="t18760626-445-verdict-1" type="verdictDescription">
<interp inst="t18760626-445-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18760626-445-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18760626-446">
<interp inst="t18760626-446" type="uri" value="sessionsPapers/18760626"/>
<interp inst="t18760626-446" type="date" value="18760626"/>
<join result="criminalCharge" id="t18760626-446-charge-1" targOrder="Y" targets="def1-446-18760626 t18760626-446-offence-1 t18760626-446-verdict-1"/>
<persName id="def1-446-18760626" type="defendantName">
<interp inst="def1-446-18760626" type="gender" value="male"/>
<interp inst="def1-446-18760626" type="surname" value="PLATO"/>
<interp inst="def1-446-18760626" type="given" value="ALEXANDER WILLIAM"/>
<hi rend="largeCaps">ALEXANDER WILLIAM PLATO</hi> </persName> was
<hi rend="italic">again</hi> indicted
<rs id="t18760626-446-offence-1" type="offenceDescription">
<interp inst="t18760626-446-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760626-446-offence-1" type="offenceSubcategory" value="simpleLarceny"/>for stealing twenty-four brushes and seventy-two boxes of
<persName id="t18760626-name-63" type="victimName">
<interp inst="t18760626-name-63" type="gender" value="male"/>
<interp inst="t18760626-name-63" type="surname" value="ABRAHAMS"/>
<interp inst="t18760626-name-63" type="given" value="PHINEAS"/>
<join result="offenceVictim" targOrder="Y" targets="t18760626-446-offence-1 t18760626-name-63"/>Phineas Abrahams</persName>.</rs> </p>
<hi rend="smallCaps">
<persName id="t18760626-name-64" type="witnessName">
<interp inst="t18760626-name-64" type="gender" value="male"/>
<interp inst="t18760626-name-64" type="surname" value="WILLIAMS"/>
<interp inst="t18760626-name-64" type="given" value="MONTAGU"/>MR. MONTAGU WILLIAMS</persName> </hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760626-name-65" type="witnessName">
<interp inst="t18760626-name-65" type="gender" value="male"/>
<interp inst="t18760626-name-65" type="surname" value="WINTER"/>
<interp inst="t18760626-name-65" type="given" value="CHARLES JOHN"/>CHARLES JOHN WINTER</persName> </hi>. I am errand boy in the employ of Phineas Abrahams, of 118, Great Russell Street, Bloomsbury, fancy warehouseman—on Friday, 28th April I took a parcel of goods to 4, Guildhall Chambers, Basinghall Street, addressed to Mr. Wilson—I saw the prisoner, he had an office there—I put the parcel on the table and asked him for the money—I gave him an invoice for the goods, amounting to 3?. 17
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>. receipted—he took up a pen knife, cut off the receipt and handed it back to me, and kept the bill—he put the parcel behind a little partition and I saw no more of it—I asked him for it and he refused to give me either the money or the goods—I went back and told my master and he went there with me next morning; we could not find the goods, and he was given in charge.</p>
<hi rend="italic">Cross-examined by the Prisoner</hi>. You told me if cash was to be paid on delivery 5 per cent, ought to be taken off—I said I knew nothing about a discount, I was to have the money or the goods back—you wrote on a piece. of paper to give my master a reference to some one in the Strand—I did not go away satisfied, I stayed there about ten minutes or a quarter of an hour—there was another gentleman in the office writing, he had his bask to me.</p>
<xptr type="pageFacsimile" doc="187606260022"/>
<hi rend="smallCaps">
<persName id="t18760626-name-66" type="witnessName">
<interp inst="t18760626-name-66" type="gender" value="male"/>
<interp inst="t18760626-name-66" type="surname" value="ABRAHAMS"/>
<interp inst="t18760626-name-66" type="given" value="PHINEAS"/>PHINEAS ABRAHAMS</persName> </hi>. I sent my errand boy with a parcel of goods and a receipted invoice for 3
<hi rend="italic">l</hi>. 17
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>. to the prisoner in the I name of Edward Wilson—I gave the boy certain instructions—he returned without the money or the goods, he brought back the bill with the receipt cut off—I went with the boy next morning to Guildhall Chambers and saw the prisoner—I asked—him for the parcel he had stolen from the boy yesterday—he said "You must not come and kick up a disturbance here, if you want your money, my manager is out, call on Monday"—I got my hand over a little wicket and opened the door, I found an empty place—I sent the boy for a police
<lb/>man—the prisoner tried to get out at another door and appealed for mercy—I detained him till a constable came and gave him into custody.</p>
<hi rend="italic">Cross-examined by the Prisoner</hi>. I did not ask for payment of the goods or say anything about discount, you tried to get rid of me—you said I could have my goods back, but you did not produce them and you refused to let me or the constable go with you to get them.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-67" type="witnessName">
<interp inst="t18760626-name-67" type="gender" value="male"/>
<interp inst="t18760626-name-67" type="surname" value="POTTERILL"/>
<interp inst="t18760626-name-67" type="given" value="RICHARD"/>RICHARD POTTERILL</persName> </hi> (
<hi rend="italic">City Detective</hi>). On Monday 5th May I saw the pri
<lb/>soner in the cells of the justice-room, he called me and said that the goods were left at place in Finsbury Pavement—I went there and received them.</p>
<hi rend="italic">Cross-examined.</hi> The gentleman said he knew nothing of you, that you only asked to leave it for an hour.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-68" type="witnessName">
<interp inst="t18760626-name-68" type="gender" value="male"/>
<interp inst="t18760626-name-68" type="surname" value="DAVIS"/>
<interp inst="t18760626-name-68" type="given" value="JOHN"/>JOHN DAVIS</persName> </hi> (
<hi rend="italic">City Policeman</hi> 597). I was called to Guildhall Chambers and the prisoner was given into my custody by Mr. Abrahams—I asked the prisoner if he bad got the goods—he said he had not got them there—I took him to the station, searched him and found 12
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>. him, also the invoice without the receipt—after he was locked up I went to Guild-hall Chambers, I only found a trunk containing coals and shavings, a table.</p>
<hi rend="italic">Cross-examined.</hi> There was a carpet there—I did not notice a fender—I had taken you into custody two or three 'hours before on a charge of false pretences and you were discharged then.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-69" type="witnessName">
<interp inst="t18760626-name-69" type="gender" value="female"/>
<interp inst="t18760626-name-69" type="surname" value="DUDLEY"/>
<interp inst="t18760626-name-69" type="given" value="MARIA"/>MARIA DUDLEY</persName> </hi>. I am in Mr. Abraham's employ—the prisoner came there and asked to look at some match boxes—I asked what kind he wanted, and. if he wanted the puzzle boxes—he said "Yes," he would have three dozen, then six—I told him they were 8
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.; a dozen—he-looked out some brushes, a dozen, at 8
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.; half a dozen, at 16
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., and half a dozen, at 20
<hi rend="italic">s</hi>.—rhe gave me this card with the name of "Wilson, Guildhall Cham
<lb/>bers" on it—I told ray master of the order, and he sent the boy with the goods with Certain directions.</p>
<hi rend="italic">The Prisoner in his defence stated that he had been in a' large way of business, but misfortune had brought him to ruin, that he was endeavouring to recover himself and would have paid for the goods if he had been allowed time.</hi> </p>
<hi rend="smallCaps">
<rs id="t18760626-446-verdict-1" type="verdictDescription">
<interp inst="t18760626-446-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760626-446-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>
<hi rend="italic">
<rs id="t18760626-446-punishment-12" type="punishmentDescription">
<interp inst="t18760626-446-punishment-12" type="punishmentCategory" value="imprison"/>
<interp inst="t18760626-446-punishment-12" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-446-18760626 t18760626-446-punishment-12"/>Eighteen Month's Imprisonment.</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Tuesday, June</hi> 27
<hi rend="italic">th;</hi> and</p>
<hi rend="largeCaps">THIRD COURT</hi>
<hi rend="italic">Wednesday, June</hi> 28
<hi rend="italic">th</hi>, 1876.</p>
<hi rend="italic">Before Mr. Common Serjeant.</hi> </p>
<div1 type="trialAccount" id="t18760626-447">
<interp inst="t18760626-447" type="uri" value="sessionsPapers/18760626"/>
<interp inst="t18760626-447" type="date" value="18760626"/>
<join result="criminalCharge" id="t18760626-447-charge-1" targOrder="Y" targets="def1-447-18760626 t18760626-447-offence-1 t18760626-447-verdict-1"/>
<persName id="def1-447-18760626" type="defendantName">
<interp inst="def1-447-18760626" type="gender" value="male"/>
<interp inst="def1-447-18760626" type="age" value="57"/>
<interp inst="def1-447-18760626" type="surname" value="GODFREY"/>
<interp inst="def1-447-18760626" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES GODFREY</hi> (57)</persName>, was indicted (
<hi rend="italic">with</hi>.
<persName id="t18760626-name-71">
<interp inst="t18760626-name-71" type="gender" value="male"/>
<interp inst="t18760626-name-71" type="surname" value="BROWN"/>
<interp inst="t18760626-name-71" type="given" value="WILLIAM JARMAN"/>
<hi rend="largeCaps">WILLIAM JARMAN BROWN</hi> </persName>
<rs id="t18760626-447-offence-1" type="offenceDescription">
<interp inst="t18760626-447-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18760626-447-offence-1" type="offenceSubcategory" value="fraud"/>,
<hi rend="italic">not in custody</hi>) for unlawfully conspiring to deprive
<persName id="t18760626-name-72" type="victimName">
<interp inst="t18760626-name-72" type="gender" value="female"/>
<interp inst="t18760626-name-72" type="surname" value="SAUL"/>
<interp inst="t18760626-name-72" type="given" value="SARAH"/>
<join result="offenceVictim" targOrder="Y" targets="t18760626-447-offence-1 t18760626-name-72"/>Sarah Saul</persName> of her share in the goodwill of a certain business, and of 4,000
<hi rend="italic">l</hi>., her money.</rs> </p>
<hi rend="smallCaps">MR. J. P. GRAIN</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MR. D. METCALFE</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. OPPENHEIM</hi>
<hi rend="italic">the Defence.</hi> </p>
<xptr type="pageFacsimile" doc="187606260023"/>
<hi rend="smallCaps">
<persName id="t18760626-name-73" type="witnessName">
<interp inst="t18760626-name-73" type="gender" value="male"/>
<interp inst="t18760626-name-73" type="surname" value="HOLSHAM"/>
<interp inst="t18760626-name-73" type="given" value="ROBERT"/>ROBERT HOLSHAM</persName> </hi>. I am a solicitor of 2, Sherborne Lane—I was engaged by the trustees of W. D. Saul to watch their interests—I produce a deed of partnership between Sarah Saul, Charles Godfrey, William Brown and William Salisbury Speiter—I am the attesting witness to it.</p>
<hi rend="italic">Cross-examined.</hi> William Devonshire Saul was the brother of Mrs. Saul's husband, he died I think in 1855, and shortly afterwards Thomas Saul, Mrs. Saul's husband died—I knew Mrs. Saul many years before that, and knew that she was carrying on the business under the will of her husband—her
<hi rend="italic">son</hi>, William Devonshire Saul, junior, managed it for her—he is about twenty or twenty—one—Mrs. Saul resided on the premises—it was a good business when her husband died—it was worn out and spoilt in 1858—' I do not like to say that it was bankrupt, but it was as near bankrupt as it could be without being bankrupt—the defendaut became traveller to Mrs. Saul in 1857, and during 1857 she informed me that during the time he was traveller he had lent the business 1,000
<hi rend="italic">l</hi>., but I know nothing about his lending her 50
<hi rend="italic">l</hi>. on an I O U—the partnership deed is dated 10th September, 1858—I know Mrs. Saul's writing, the signature to this I O U is hers. (
<hi rend="italic">Read:</hi>"I O U Mr. Godfrey 50
<hi rend="italic">l</hi>., November 21, 1857., Sarah Saul") Under the partnership deed Mr. William Saul, of Northampton, was appointed inspector—I don't know whether Brown was a clerk, but he was brought into the partnership, and I know that he was a partner—before tie partnership deed was signed, Mrs. Saul told me that unless, they had some capital to go on with the business must, cease to be carried on—at that tune 2,000
<hi rend="italic">l</hi>. was advanced by the trustees of William Devonshire Saul; those were the trustees of her husband's brother—the goodwill of the business was valued at 6,236
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>. and of that sum there was liabilities. due from the concern to Mrs. Saul's husband's estate 4,860
<hi rend="italic">l</hi>. 2
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>. leaving 2,000
<hi rend="italic">l</hi>. as surplus—the deed shows 2,15.0
<hi rend="italic">l</hi>.—the 1,100
<hi rend="italic">l</hi>. which Godfrey lent' Mrs. Saul has not been paid—Godfrey's share is 1,050
<hi rend="italic">l</hi>., and 50
<hi rend="italic">l</hi>., making 1,100
<hi rend="italic">l</hi>.—Brown brought in 500
<hi rend="italic">l</hi>. which is recited in the deed—Wood & Travers were the solicitors where the deed was drawn up; they are both dead—six other deeds were also executed; but they were not all deeds of indemnity—there is a convenant in the mortgage deed by the members of the firm to hold the trustees of the estate harmless—here is the deed con
<lb/>taining that covenant—Mr. William Saul, a wine merchant, of Northampton, was appointed inspector under the deed, he was Thomas Saul's executor—he is a middle-aged man—a bill was filed against the trustees of the estate of William Devonshire Saul, on 15th May, 1862, by Mr. Webb, who married Mr. Saul's daughter. (
<hi rend="italic">Redding the prayer of the Bill</hi>). Miller & Miller were the solicitors to Mr. Saul, and to the bill—the result of that bill was that an order was obtained from the Court of Chancery directing the trus
<lb/>tees to release all parties from their covenants, and bills were given by the firm to the children of Mrs. Saul as they came of age, in lieu of money—In the next suit of Saul
<hi rend="italic">v</hi>. Saul, filled on 18th August, 1864, I think I acted for William Saul—I think there was another bill filled in 1868 against Godfrey by one of the Sauls, but I was not concerned in it, and I hare not got it—I remember the taxing the costs in two of the Chancery suits, and I remember an order of court to pay Miller & Miller 2,500
<hi rend="italic">l</hi>.—I discussed the articles of partnership carefully with Mrs. Saul, and explained them to her, and she said that if she could get out of the business when re-con
<lb/>structed with 400
<hi rend="italic">l</hi>. a year for herself and her children to live on she should be grateful as long as she lived—she did not say that she regretted that</p>
<xptr type="pageFacsimile" doc="187606260024"/>
<p>she was compelled to go into partnership—there was a meeting at Guild. hall Coffee House in 1868, Mrs. Saul was not present, but her son was; it was a formal meeting for putting an end to the litigation, and Mr. Miller put an end to it by serving an injunction on Mr. Saul, of Northampton, he was the executor of Thomas Saul—an injunction, was also served on the executor of William Devonshire Saul, as inspector under the deed of part
<lb/>nership—that put an end to the friendly arrangement which ought to have taken place at the meeting—I heard of a bill being filed by Godfrey against Sarah Saul, on 22nd December, 1871, praying for a dissolution of the part
<lb/>nership, but I know nothing about it—I had ceased to have anything to do with it then—I continued to act during the litigation for the trustees of the estate of William Devonshire Saul—the trustees insisted on the order being discharged for the purpose of getting out their 2,800
<hi rend="italic">l</hi>., and the order of 2nd August was to release the parties from their covenant—I know that those bills were duly delivered to Mrs. Saul's children, as they were entitled to them—I think the amount of those three bills was 2,803
<hi rend="italic">l</hi>.—I know nothing about it, except hearing it talked about—I know nothing about the way the business was managed or mismanaged after it came into the receiver's hands.</p>
<hi rend="italic">Re-examined.</hi> I did not draw the partnership deed of 1858—when it was necessary to put fresh capital into the business, the children's trustees lent 2,800
<hi rend="italic">l</hi>., and as that was a breach of trust they were anxious to relieve themselves from any responsibility—a bill was filed by Mr. Webb, for the purpose of fixing the trustees, but the Court decreed it to be a proper dis
<lb/>position of the money and said that the trustees should be allowed to lend the money and take acceptances—that did not affect Godfrey or Brown in any way—the result was that the 2,800
<hi rend="italic">l</hi>. was lent by Mrs. Saul's children through the trustees, and acceptances taken for the amount—I had nothing to do with the proceedings till the meeting at the London Coffee House-Brown's 500
<hi rend="italic">l</hi>. was credited to him in the books as his share; he gave personal security for it.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-74" type="witnessName">
<interp inst="t18760626-name-74" type="gender" value="male"/>
<interp inst="t18760626-name-74" type="surname" value="SCHRIBER"/>
<interp inst="t18760626-name-74" type="given" value="FREDERICK WILLIAM"/>FREDERICK WILLIAM SCHRIBER</persName> </hi>. I am a general merchant of Walbrook, and am Mrs. Saul's son-in-law—on 28th August, 1872, I was appointed receiver to the estate of Saul, Godfrey & Brown, by order of the Court of Chancery, under which I took possession of all the books, and of the assets of the firm—Mr. Godfrey was there when I took possession, but I had no particular conversation with him then—I had known the premises for many years and had been in the habit of going in and out—there was hardly any stock there—there was half a pipe of Tarragona, a Spanish port, a. cheap wine, and a little brandy and whisky—there were eight or nine clerks and servants there up to the last time I was in the place, but when I went into possession there was only one clerk, and an old cellar man—I had an inventory taken, about a week afterwards by Hudson Brothers, the wine and spirit brokers of Moorgate Street—this is the bonded stock book, and I believe all the books of the firm are here—I am well acquainted with them—the amount of bonded stock when I went in was 145
<hi rend="italic">l</hi>.—I examined the books a day or two afterwards, to find out the amount of sales during previous years, and found that the sales in 1869 were 27,500
<hi rend="italic">l</hi>.; in 1870, 29,600
<hi rend="italic">l</hi>., and in 1871, 25,000
<hi rend="italic">l</hi>.—the sales in January, 1872, were 2,615
<hi rend="italic">l</hi>.; in February, 1,642
<hi rend="italic">l</hi>.; in March, 1,284
<hi rend="italic">l</hi>.; in April, 2,828
<hi rend="italic">l</hi>., and in May, up to the 18th, 1,788
<hi rend="italic">l</hi>., from May 18th to the end of the month, 804
<hi rend="italic">l</hi>.; in June, 850
<hi rend="italic">l</hi>.; in July, 786
<hi rend="italic">l</hi>., and in August up to the time of my appointment,</p>
<xptr type="pageFacsimile" doc="187606260025"/>
<hi rend="italic">l</hi>.—I find that the monthly sales in 1872 include sales to Keating & Son, 116
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>. on 26th June, 56
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>. 2
<hi rend="italic">d</hi>. and on 10th July, 652
<hi rend="italic">l</hi>.—that leaves for the month of August, up to my appointment, a balance of 9
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. only, to other customers irrespective of Keating & Son—I find also on 6th June, an entry of the sale of sherry to Mr. Yerworth, 6
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>., and on 18th, of spirits to Mr. Yerworth, amounting to 5
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>.; on 28th June, a sale to Mr. Yerworth, amounting to 3
<hi rend="italic">l</hi>. and another on 2nd July to 10
<hi rend="italic">l</hi>. 9
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>.—Mr. Yerworth was a clerk to the firm of Saul, Godfrey & Brown, and afterwards he went to W. J. Brown & Co., of Worship Street—I find in day-book No. 6 that the date of April 23rd, is out of place, being put before March, and I find that that account has written against it "Advance account only"—it is for a quantity of wines and spirits, amounting to 412
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>.; I do not know of my own knowledge that that was a sale by Godfrey—I also find in this book on May 23rd, an entry of a sale to Mr. Balchin, of six quarter casks of I brandy, amounting to 162 gallons, at 2
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>. a gallon, making 21
<hi rend="italic">l</hi>:13
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>.—I find by the bonded stock book that that brandy cost 2
<hi rend="italic">s</hi>. 7
<hi rend="italic">d</hi>. per gallon—I have also traced the sale of the same brandy coming by the same ship toother regular customers who were charged 4
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. or 5
<hi rend="italic">s</hi>.—I also find the following sales: June 12th to Batchin, 354
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>.; June 26th, 41
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>., and 89
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.; July 15th, 36
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>.; and July 18th, 67
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—I have made these four lists (
<hi rend="italic">produced</hi>) from the books of all sales to Batchin, Mitchell, Yermuth, and Patten, frith the cost to Saul, Godfrey, and Brown, and the prices they were sold at, showing as far as I can identify the goods, the total loss on the transactions—the amount of stock of the firm on 1st January, 1871, was 5,551
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. and the amount of goods they parted with up to 31st December—was 18,000
<hi rend="italic">l</hi>.—the stock of the firm on 31st December, 1871, including utensils in trade amounted to 3,782
<hi rend="italic">l</hi>.—this (
<hi rend="italic">produced</hi>) is a list of the whole year's of the partnership, it gives the capital at the end of each year and the amount of drawings of each partner and the assets and liabilities of the firm from 1858 to 1871—the trade debts of the firm on 31st December, 1871, were 925
<hi rend="italic">l</hi>. in addition to which they were liable on bills of exchange for 4,481
<hi rend="italic">l</hi>. which included bill accepted by the firm for 2,500
<hi rend="italic">l</hi>. on behalf of the children—I find from the books that on 31st December, 1871, 4,068
<hi rend="italic">l</hi>. was standing to the credit of Mrs. Saul, the prosecutrix; that is in the balance-sheet, sand there is 3,502
<hi rend="italic">l</hi>. to Godfrey's credit—I find that from 31st Decem
<lb/>ber, 1871, up to the time of my appointment as receiver the drawings out by Godfrey amounted to 3,923
<hi rend="italic">l</hi>. 17
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>.—that does not include 697
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>. drawn out by him on 29th August after he had been told that I was ap
<lb/>pointed receiver but before I went into possession—I was appointed on Thursday the 28th and I told him on the Saturday that I was appointed—I was not in the Court when the order was made that I should be receiver—the 697
<hi rend="italic">l</hi>. was not all drawn out on his own account, 480
<hi rend="italic">l</hi>. of that amount was paid to William Saul, of. Northampton, the inspector—I know William Saul's writing and I found his receipt for 480
<hi rend="italic">l</hi>., dated 27th August, among the papers at Aldersgate Street; and there is interest besides that amount, including another amount that was ordered to be paid back to me, and was paid back to me by order of the Court of Chancery—I find that the gross pay
<lb/>ments of Saul, Godfrey & Brown in June, 1872, amounted to 3,784
<hi rend="italic">l</hi>. includ
<lb/>ing 600
<hi rend="italic">l</hi>. drawn out by Godfrey—supposing no sales had been made in that mouth to the nominees, and that Godfrey had not drawn out, they would</p>
<xptr type="pageFacsimile" doc="187606260026"/>
<p>have had 1,131
<hi rend="italic">l</hi>. to their credit over and above their payments, without the necessity of selling anything—from 1st July to 29th August the day that I went into possession, the total receipts of the firm amounted to 7,545
<hi rend="italic">l</hi>. of which 1,204
<hi rend="italic">l</hi>. is made up of monies purporting to be paid by Balchin, Yerworth, Keating & Son, Pattern & Mitchell, and deduct
<lb/>ing that 1,204
<hi rend="italic">l</hi>., that leaves 6,344
<hi rend="italic">l</hi>. net receipts, irrespective of sales to nominees—I have here the monthly balances from my appointment taking out the amounts of sales to nominees, and taking into account all the payments made by them on the acceptances to the Saul family, and I say that they had ample funds to meet all liabilities, including the amounts to the Saul family, without selling any wines at all, and I am prepared to show that, month by month—I can-not trace a angle entry in previous years to show that they ever made any forced sales—after I was appointed receiver I had to meet liabilities incurred after January 1st, 1872, for goods purchased, the amount of which in round numbers was 1,900
<hi rend="italic">l</hi>.; and I can point out cases where wine so purchased on credit, and which I had to pay for afterwards, was sold to Keating & Son, and Balchin—this list (
<hi rend="italic">produced</hi>) of the payments to the Saul family, and to William Saul, of Northampton, I made out from the cash-book—those are payments made subsequent to January, 1872; only one or two were made before that—the total is 3,509
<hi rend="italic">l</hi>.—I still say that they always had sufficient cash in hand without forced sales, and without borrowing money—the amount of purchases from 1st January, 1872, to my appointment was about 9,000
<hi rend="italic">l</hi>., but in June the purchases only amounted to 30
<hi rend="italic">l</hi>.—from the end of June to my appointment only one bottle of champagne was purchased—I have also extracted this list of the customers of the firm standing on the books on 31st December, 1871, who had dealings with the firm in 1871—here are 670 active customers; they are mostly inn and hotel keepers in the country—I have ascertained from the books that on 25th June bills were dis
<lb/>counted by Godfrey to the amount of 846
<hi rend="italic">l</hi>.; they were the acceptances of different customers of the firm, and they were paid to the bankers and turned into money—on June 3rd bills were discounted to the amount of 410
<hi rend="italic">l</hi>.—this (
<hi rend="italic">produced</hi>) is the cheque-book of the firm of Saul, Godfrey, & Brown—this counterfoil of 5th June, "Sundries, 680
<hi rend="italic">l</hi>., change," is in God
<lb/>frey's writing—this cheque for 680
<hi rend="italic">l</hi>. and the signature, are in Godfrey's writing, and this, "W. J. Brown," is in Brown's writing—that appears in the pass-book, and the cheque is cancelled as cashed—I understand that 680
<hi rend="italic">l</hi>. was drawn out to pay someone; it was turned into cash, but being called "change," other cheques may have been paid in of 1,000
<hi rend="italic">l</hi>. from some other source—cash was paid into the bank on 5th June amounting, to 1,100
<hi rend="italic">l</hi>.—when cash is paid into the bank I can generally find from whom it has been received—this is the paying-in book, and I find here "5th June, paid in 1,110
<hi rend="italic">l</hi>.—I find that on on 25th June they discounted bills with the bank to the amount of 846
<hi rend="italic">l</hi>., and that Godfrey drew out 310
<hi rend="italic">l</hi>. on 1st July and 230
<hi rend="italic">l</hi>. on the 8th—I find that on 18th July they discounted bills to the amount of 574
<hi rend="italic">l</hi>., and that on the same day Godfrey drew out 500
<hi rend="italic">l</hi>.—I produce the cheques for those amounts, signed by Godfrey, and passed through the bankers—when I was appointed I found about 3,300
<hi rend="italic">l</hi>. of acceptances of the firm under discount," and two-thirds of that amount, about 2,200
<hi rend="italic">l</hi>., were dishonoured, but they were ultimately met, except to the extent of 970
<hi rend="italic">l</hi>.—it is not unusual that customers may not be ready with the money, but yet they may be good</p>
<xptr type="pageFacsimile" doc="187606260027"/>
<p>bills in the long run—the retained bills came back through the bankers, and I had to refund them the money; the estate at one time owed me 500
<hi rend="italic">l</hi>., which I had had to refund—when I took possession, about 261
<hi rend="italic">l</hi>. was handed to me, including money in the bank, and there was about 530
<hi rend="italic">l</hi>. stock—in consequence of those bills being returned I had not the money to resuscitate the business, and I realised the stock at a profit of about 20 per cent., the usual amount—I find in the cash-book three entries with T. E. against them—that means "Trade expenses of Saul, Godfrey, & Brown;" on is on 13th July, 1872, for 150
<hi rend="italic">l</hi>., payable to-George Books, Esq., and on the same day, 100
<hi rend="italic">l</hi>., payable to Brawn, the other defendant, and on August 6, 55
<hi rend="italic">l</hi>., payable to Messrs. Eooks & Co.—all those cheques are signed with the usual signature of the two defendants, and debited to cash, expenses—this counterfoil of July 18, is in. Godfrey's, writing, it has written underneath "To my solicitor, for my protection"—on the counter
<lb/>foil of the next cheque, dated July 18, is "To Mr. Crook, for the protection of W. J. Brown," and on August 6, three days before my appointment here, is written on a cheque "To my solicitor, for my protection, 55
<hi rend="italic">l</hi>.—those are all countersigned by William Saul, of Northampton, the inspector—at folio 187 of the private ledger, the three amounts I hare mentioned, one is headed "Trade expenses," those amounts are not debited in the books or in the ledger to the private account either of Godfrey or of Brown—those are monies drawn out of the assets of Saul Godfrey, & Brown, and debited to trade expenses, and not entered to the debit of any particular partner—here are twenty or thirty copies of letters in the copy book, applying for money, to the customers of the old firm written while he was there—here is one of June 28, 1872, written by Smethurst, on behalf of the firm—he was partly clerk and partly collector—there are other letters here stating that the business is wound-up, and that it is necessary to call in the accounts—the letters do not solicit a transfer of the custom—I had an empty cask returned to me with this card (
<hi rend="italic">produced</hi>) on it—I found this circular at 15, Aldersgate Street—it is a blank form. (
<hi rend="italic">Thisstated:</hi> "Our partnership having expired by the fluxion of time, we beg to enclose a statement of accounts). I found a number of those—I also found this circular. (
<hi rend="italic">This was signed W. J. Brown & Co</hi>., 8,
<hi rend="italic">Worship Street, November</hi>, 1872,
<hi rend="italic">staling that their new premises were completed, and asking for custom</hi>). The card came back nailed to a cask after 2nd September.; it had on it "W. J. Brown &Co, wholesale wine and spirit merchants, 8, Worship Street; Mr. W. J. Brown, late of Aldersgate Street"—that card had not been sent out from Aldersgate Street—it was produced in the Chancery pro
<lb/>ceedings—this is a circular issued by me after I was appointed receiver. (
<hi rend="italic">This was dated August</hi> 15, 1872,
<hi rend="italic">signed Saul & Co., and stated that their business was stillbeing carried on at 15, Aldersgate Street</hi>.) The solicitor told me to put Saul & Co."—wishing to sell the goods we sent round the circular in the old name—when I took possession I found some of these cards on the premises and utilised them to save expense. (
<hi rend="italic">Read:</hi>"18th January, 1873. We fog respectfully to inform you that our Mr. W. D. Saul will have the pleasure of waiting upon you on or about the 29th, when your commands will be esteemed a favour by your obedient servants, Saul, Godfrey, & Brown.") I filled in the name and date as they are here; I thought I was justified in using them—I cannot tell—you whether any accounts were collected by a Mr. Lozam after he beeame traveller to W. J. Brown.</p>
<xptr type="pageFacsimile" doc="187606260028"/>
<hi rend="italic">Cross-examined.</hi> I married the prosecutrix's daughter in 1860 and the partnership was in 1858—I did not interfere much in the Chancery pro
<lb/>ceedings, I acted as best friend for Mrs. Webb in the first Chancery suit—I do not know that I was a party to the suits of Saul
<hi rend="italic">v</hi>. Saul in 1864, and and Saul
<hi rend="italic">v</hi>. Godfrey in 1867—I only know that I paid 60
<hi rend="italic">l</hi>. for costs in Saul
<hi rend="italic">v</hi>. Godfrey—I knew of the suit filed by Godfrey on 22nd December, 1871—Godfrey did not press Mrs. Saul to have the business put up for sale under the 23rd clause of the deed, but he offered 500
<hi rend="italic">l</hi>. for the business and she refused it—I do not know that he after that asked her over and over again to have the matter carried out by private contract, nor do I know that he did not—Mrs. Saul was not examined at the police-court—she may be in this neighbourhood, I have not seen her for some time—I am receiver in two suits—I know of a suit filed against Godfrey on 8th June, 1872, in which Elizabeth Saul and Thomas Charles Saul, the children of Mrs. Saul, are the plaintiffs—Thomas was not then a minor—Godfrey petitioned for an order of Court to wind up—it appears by the partnership deed that 2,800
<hi rend="italic">l</hi>. was advanced by the trustees of William Devonshire Saul—I have been over the books carefully and find that during the fourteen years of the partner
<lb/>ship, Mrs. Saul drew out of the concern 11,508
<hi rend="italic">l</hi>., that is an average of 842
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. each year—she had put in 2,150
<hi rend="italic">l</hi>., which was the difference between the assets and liabilities of her husband's estate—the value of the business as a going concern is the difference between the assets and liabi
<lb/>lities, but not the goodwill—the share belonging to Mrs. Saul when the part
<lb/>nership expired was 4,068
<hi rend="italic">l</hi>.—what I am telling you now is from the boob and not from what I have heard—I cannot find it from the books here, bat in the old books—I can refer to the books and point out to the Jury where the recital in the partnership deed is false—I believe that the capital she introduced was the difference between assets and liabilities, I do not mean valuing the thing as a going concern; no goodwill—the value of the house was 50
<hi rend="italic">l</hi>.—the liquidation account is at Aldersgate Street, I left all the old books there—I do not know that the property in the concern which was valued to Mrs. Saul as 2,150
<hi rend="italic">l</hi>. only realised 1,500
<hi rend="italic">l</hi>., but there is something about it in the liquidation account—when the partnership expired the capital in the concern belonging to Godfrey was 3,852
<hi rend="italic">l</hi>.—Miller & Miller acted in the six Chancery suits—it was under two cross actions that I was appointed as receiver—the accounts ordered by the Court to be taken have not been taken, it was found useless, I believe—I have never been in the wine business—I went into the concern on 29th or 30th August, 1872, and Godfrey went out, but he came once or twice afterwards to inspect the book—I sent out these circulars in the name of Saul, Godfrey & Brown because I carried on the business in the name I found it in—the bill prayed that those three should not carry on the firm, but this was the remainder that was left of Saul, Godfrey & Brown—it was not a year, but only a month before that that the Master of the Rolls decreed that the business was at an end—I know nothing about five writs being served on the members of the firm on 8th January, the day the bill of Saul
<hi rend="italic">v</hi>. Godfrey was filed, except that they have been paid—they were, I believe, to receive 2,798
<hi rend="italic">l</hi>. 14
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>., the sum unpaid, for which promissory notes had been given—the plaintiffs are Mrs. Saul's children, and they sued their own mother, who was one of the partners—Miller & Miller were the attorneys—I had nothing to do with the settle
<lb/>ment of those actions—I do not know what terms Mrs. Saul imposed on</p>
<xptr type="pageFacsimile" doc="187606260029"/>
<p>Godfrey and Brown, but I think time was given; the last amount was not paid till May or June, I think—Godfrey & Brown had a certain sum out of the firm monthly—Mrs. Saul had 280
<hi rend="italic">l</hi>. in 1872, and between January and August 3,509
<hi rend="italic">l</hi>. 8
<hi rend="italic">s</hi>.
<hi rend="italic">d</hi>. was paid out of the business to the Saul family—before I was appointed receiver a bill was filed by Sarah Saul against Brown and Godfrey, and there was a decree of the Court on 18th June, 1875, ordering an account to be taken; that account has not been taken, it would be useless—I have made out an account of the goods which were sent to Worship Street between May and August, 1872—I find the names of all the persons to whom goods were supplied, entered in the books of the firm, with marks showing that they were sent to Worship Street, but the whole amount was only about 150
<hi rend="italic">l</hi>.—against Balchin'sname in the day-book of sales I find written "By order, 8, Worship Street," at a different time or with a different pen, and "ditto" to the goods sent to Yerworth, Mitchell, and Pat
<lb/>tern—here is another small entry in August to Mr. Balchin of 2
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>. omitted in July—I have had possession of the books ever since I became receiver—the amount of goods sold from January 19 to August 29 only amounted to 2,000
<hi rend="italic">l</hi>.; those are the sales to the; nominees—I find that during the same time Godfrey drew out 1,500
<hi rend="italic">l</hi>.—I do not know whether that includes sales—he drew out for himself 3,958
<hi rend="italic">l</hi>., but I do not know whether that includes sales to nominees—he has given credit for 2,000
<hi rend="italic">l</hi>. out of the 2,300
<hi rend="italic">l</hi>., which I say is drawn out, and he afterwards paid back to me 697
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>.—if the firm had been closed, he would not, after drawing oat 3,266
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>. 10
<hi rend="italic">d</hi>., be still entitled to 622
<hi rend="italic">l</hi>., because there were bad debts—his capital did not amount to anything like 3,852
<hi rend="italic">l</hi>.—supposing that everything "was realised which stood, on the books, 622
<hi rend="italic">l</hi>. would be due to him—he paid me back 697
<hi rend="italic">l</hi>. for debts due by the firm, but he was not en
<lb/>titled to so much money as he drew out—by the bankers' book the balance at the bank on 1st June was 712
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>., and on the 5th they paid 1,093
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. to Thomas Saul, which passed through the bank on the 12th—the balance at the bank on 5th June was 2,000
<hi rend="italic">l</hi>.—on the 8th a 100
<hi rend="italic">l</hi>. bill of Mr. Woodman's became due, and a 200
<hi rend="italic">l</hi>. accommodation bill of Mr. Rouse, and Messrs. Halls' 200
<hi rend="italic">l</hi>., and on the 12th Taylor & Graysbrook, 100
<hi rend="italic">l</hi>.—when I say that there was sufficient on June 1st to pay this l,093
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. 5
<hi rend="italic">d</hi>., I mean that there was sufficient time during two or three months to pay it and leave a balance in hand—I cannot tell the Jury whether if on June 1st or 5th a cheque had been drawn for that amount without disposing of goods to meet it, what amount would have been left, but I can do it—they would also have had enough to pay 790
<hi rend="italic">l</hi>. 7
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>. to William Saul at the end of the month—at the expiration of the partnership 8,385
<hi rend="italic">l</hi>.; was standing out—the assets when I went in as receiver, and before I paid 'the liabilities, were about 2,900
<hi rend="italic">l</hi>., the stock realised that—the liabilities of 1872 were about 1,900
<hi rend="italic">l</hi>., and the assets outstanding about 2,600
<hi rend="italic">l</hi>.—the assets did not amount to 5,001
<hi rend="italic">l</hi>. 12
<hi rend="italic">s</hi>. 1
<hi rend="italic">d</hi>., without putting anything down for the stock or the goodwill—they amounted to about 2,600
<hi rend="italic">l</hi>., and I received 260
<hi rend="italic">l</hi>. in cash, and had to pay 1,900
<hi rend="italic">l</hi>. liabilities, which left me a balance in hand of 20
<hi rend="italic">l</hi>. or 30
<hi rend="italic">l</hi>.—I have got the customers' ledger, which shows that 3,359
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>. was due to the firm, and I dare say that is correct—from December, 1864, down to December, 1871, I dare say 9,681
<hi rend="italic">l</hi>. 13
<hi rend="italic">s</hi>. is correct as the sum written off for bad debts—the accounts were audited annually, part of the time by Mr. Lovering, of Worship Street, and part of the time by other account
<lb/>ants—an account was, I believe, made out by Mr. Lovering in August, 1872,</p>
<xptr type="pageFacsimile" doc="187606260030"/>
<p>when I came in, or just before—the amount of goods sold to nominees was 2,000
<hi rend="italic">l</hi>., and I have said that I estimated the loss on them at 1,500
<hi rend="italic">l</hi>., but it was 1,200
<hi rend="italic">l</hi>.; I had not cast it up then—I say that out of 2,000
<hi rend="italic">l</hi>. I can identify l,200
<hi rend="italic">l</hi>. sold at less than cost price, upon which there was a log of 30
<hi rend="italic">l</hi>. or 40
<hi rend="italic">l</hi>.—I do not think there was any gain on the other 500
<hi rend="italic">l</hi>.—I sold the stock at 20 per cent, gross profit—I have made a statement of the net profits during the fourteen years of partnership: from 1858 it was less than 10 percent., then 7 per cent., then 5 per cent., and then 3 1/2 percent, but 3 per cent. I do not quite agree with, though I swore it—the profits of the last four or five years must be divided among the lot we over-valued at one time.</p>
<hi rend="italic">Re-examined.</hi> In 1858 they made 1,258
<hi rend="italic">l</hi>. net profit after'allowing for bad debts and everything, and 2,000
<hi rend="italic">l</hi>. in 1863; 1,468
<hi rend="italic">l</hi>. in 1868; l,571
<hi rend="italic">l</hi>. in 1869, and 997
<hi rend="italic">l</hi>. in 1870—the Chancery suit of Godfrey against Mrs. Saul, was to have the business sold—previous to the filing of that bill by Godfrey, he had offered her 500
<hi rend="italic">l</hi>. for the business, which she refused, another bill was afterwards filed by Mrs. Saul's children against herself and the partners, praying that the goodwill should be declared to be the property of their late father—the two bills were heard together, and a decree was made finding that it was the property of the testator, and then a bill was filed by Mrs. Saul against her partners, Godfrey, Brown, and a Mr. Findlay, the decree in which has been produced—there was a short suit in 1865 and 1866, of which they had to pay the costs, and the next was Godfrey
<hi rend="italic">v</hi>, Saul, in which Godfrey had to pay the costs—the goods marked "Ordered to Worship Street," on July 18th, are Balchin's, and amount to 69
<hi rend="italic">l</hi>. 17
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—it is in Smithies' writing, he is dead—I took him on as a clerk after my receivership—he discharged himself, but I would have discharged him if he had not gone—the next entry in Yerworth, 97
<hi rend="italic">l</hi>. 11
<hi rend="italic">s</hi>. 9
<hi rend="italic">d</hi>., in Smithies writing—the next is Mitchell, 9
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>.; Cullen, 10
<hi rend="italic">s</hi>., and Balchin, 2
<hi rend="italic">l</hi>. 1
<hi rend="italic">s</hi>. 3
<hi rend="italic">d</hi>., and "To Worship Street," is written by Smithies—there are three entries to Keating, amounting to 1,800
<hi rend="italic">l</hi>., but no intimation that they and Mr. Balchin's went to Worship Street, and I do not think they went to Mr. Brown—I do not find the slightest intimation in any of the books that the sales of wine made through Keating & Son, were sold or purchased by Mr. Brown, of Worship Street—I do not find in the Aldersgate Street books any loans by Godfrey to Brown—the stock that I actually received was about 530
<hi rend="italic">l</hi>. worth—the book debts stood at over 4,000
<hi rend="italic">l</hi>., but they only realised 2,600
<hi rend="italic">l</hi>., and in order to meet the debts; I had to pay 1,900
<hi rend="italic">l</hi>. out of what I received on account of liabilities incurred by the two defendants leaving me about 30
<hi rend="italic">l</hi>. in hand—the goods are sold mostly under cost price, there is no substantial profit—I have traced the same articles sold earlier in the year at a considerably higher price.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. The stock handed—over to me was almost unsaleable, but I sold it three or four years afterwards—the brown brandies were almost unsaleable.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-75" type="witnessName">
<interp inst="t18760626-name-75" type="gender" value="male"/>
<interp inst="t18760626-name-75" type="surname" value="KEATING"/>
<interp inst="t18760626-name-75" type="given" value="JAMES"/>JAMES KEATING</persName> </hi>. I am messenger to Messrs. Chatteris & Co., accountants—they are trustees in the matter of Godfrey and Brown—I have possession of their books, I produce two private ledgers of Godfrey and Brown, one bought ledger, one cash book, and one invoice book—those are the fire books I was ordered to produce at Worship Street—I have a journey ledger at home; I have had no notice to produce that; I will bring it to
<lb/>morrow, and also the day book and the country ledger.</p>
<xptr type="pageFacsimile" doc="187606260031"/>
<hi rend="italic">Wednesday, June</hi> 28
<hi rend="italic">th</hi>, 1876.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-76" type="witnessName">
<interp inst="t18760626-name-76" type="gender" value="male"/>
<interp inst="t18760626-name-76" type="surname" value="BALCHIN"/>
<interp inst="t18760626-name-76" type="given" value="WILLIAM"/>WILLIAM BALCHIN</persName> </hi>. I am a forwarding agent and merchant at 2, Fen-church Street Buildings—in May, 1872, Mr. William J. Brown came to my office respecting a sale of wines—he married my sister—I had known the firm of Saul, Godfrey, & Brown many years before this interview—I had: bought their wine for private use—I had seen Brown before with reference to a sale; I saw him somewhere about March or April, 1872—I recollect a sale of wine by Mr. Godsall in April, 1872—I had seen Mr. Brown about 11th January, 1872; when he brought me wine warrants—the wines they represented were sold in bond, partially by Mr. Godsall—I delivered the warrants afterwards to someone else—about 11th January Mr. Brown called on me and stated that he had a lot of family bills coming due, and had not the money to meet them, and not liking to expose the affairs of the firm to money-lenders, he had arranged for a private advance on dock warrants, using my name, for which I should have a commission—I agreed to the arrangement, and he handed me certain dock warrants, of which this is a list—it is in Brown's writing—he handed me a cheque for 758
<hi rend="italic">l</hi>., which I paid into my bankers, and handed him a cheque for 742
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>., at the same time be gave me a letter which I have searched for but cannot find—it authorised me to sell the goods—it was a sort of letter of hypothecation—I don't remember by whom it was signed—that is all that took place, on that occasion—I saw him before 18th April, the day of sale—it was arranged between us that the goods were to be sold if the money was not coming—I put them in Godsall's hands for sale—I put in for sale from 397 to 437—the same goods described here were given me by Mr. Brown—we protected the goods at the sale and got excellent prices—I was present at the sale—some of them were not sold, they were bought in by my orders; properly protected—the wines were booked to Brown—I saw him again about May, when he proposed that he should use my name for the purchase of goods on the Aldersgate Street concern; he was then in Worship Street; I objected and recommended him to have nothing to do with it, and advised him to buy the goods in the open market—he said that Godfrey wanted to get his money but of the whole concern and did not want to sacrifice the goods at auction—he then represented that he had had large transactions of a similar nature with Keiling, whom I knew as a highly-respectable firm—I said "If Keiling's have no objection I have none, provided proper values are given"—I then allowed invoices to be sent from Saul, Godfrey, & Brown, Aldersgate Street, to me—I paid this firm for the whole of the goods by cheque at different times—none of the goods were delivered to me—I received from Brown similar amounts, including a small commission—I was in funds from Brown before I paid, Saul, Godfrey, & Brown, of Aldergate Street, for the goods invoiced to me.</p>
<hi rend="italic">Cross-examined.</hi> I had small transactions with the firm for my own private use before January, 1872—it was two or three days before 11th January, 1872, that I first saw Brown about these dock warrants—he did tell me he had some family bills to meet—at that time I heard some writs were issued—Mr. Brown, a friend, and myself, attended the sale and got first-rate prices—we ran them up against each other—in one instance, I think, we got 60 per cent, above what a similar brandy sold for in the same sale—the invoices came to me with a fair market wholesale value—I took the precaution to test them—the whole of these goods were entered to me at the fair market wholesale value.</p>
<xptr type="pageFacsimile" doc="187606260032"/>
<hi rend="smallCaps">
<persName id="t18760626-name-77" type="witnessName">
<interp inst="t18760626-name-77" type="gender" value="male"/>
<interp inst="t18760626-name-77" type="surname" value="ARDLER"/>
<interp inst="t18760626-name-77" type="given" value="MARCUS LATHLIN"/>MARCUS LATHLIN ARDLER</persName> </hi>. I am actuary to the Licensed Insurance Company—at the beginning of 1872 I was possessed of the premises, 8, Worship street—up to that time I had not known anything of Mr. Godfrey or Mr. Brown—only Mr. Brown called upon me in the matter—that was some time in May, 1872—I received this letter (
<hi rend="italic">produced</hi>) from Mr. Brown some considerable time after this—this lease was granted by me to Mr. Brown—this is the lease (
<hi rend="italic">produced</hi>)—it is dated 3rd February, 1873—(A
<hi rend="italic">letter of May</hi> 14
<hi rend="italic">th</hi>, 1872,
<hi rend="italic">from Mr. Brown to Mr. Ardler about taking the premises was here put in</hi>). I think it was a few hours before receiving that letter that I first saw Mr. Brown.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-78" type="witnessName">
<interp inst="t18760626-name-78" type="gender" value="male"/>
<interp inst="t18760626-name-78" type="surname" value="YERWORTH"/>
<interp inst="t18760626-name-78" type="given" value="HORACE"/>HORACE YERWORTH</persName> </hi>. I am now a wine merchant, carrying on business with Mr. Chitty, in Tower Street—I was, up to the early part of 1872, for some years in the employment of Saul, Godfrey & Brown—up to the end of 1871 the business was lucrative—it continued so for a month or two after 31st December, 1871—I first found out that goods were being entered in my name in May; the month I went to Worship Street and engaged myself to Mr. Brown as clerk—I left the old firm—I took the managershi—I found by the books that the business of a wine merchant was being carried on in the names of ten or twelve customers of the old firm—this book is from the country ledger of the Eldersgate Street business—Mr. Brown was at Wor
<lb/>ship Street daily, but he was out a good deal—I had no conversation with him at Aldergate Street about the Worship Street premises—we had some
<lb/>times two travellers and some times three—Mr. Chitty and Mr. Lazarus were two, and there were two clerks besides myself, and one cellannan—that was not the whole of the staff—these that I have named subsequently went to Worship Street—I don't recollect that Mr. Brown spoke to me about having goods 'invoiced in my name—it came to my knowledge by receiving invoices from Saul, Godfrey & Brown—they were put upon the business file—I paid monies on account of wine to Saul, Godfrey & Brown; under 50
<hi rend="italic">l</hi>. I should say—I took the money from Mr. Brown's cash-box—I went into Mr. Brown's service on 1st June—there were orders then on the books—this book commences the business—the. first date is May 27, '1872—I don't recollect that Mr. Godfrey came tc those premises in June—when he came he came entirely—when with Mr. Brown I superintended the for
<lb/>warding of circulars to the customers of the old firm—before I left the old firm I superintended the circulars calling in all the accounts of the old finn—these circulars (
<hi rend="italic">produced</hi>) are what were sent.</p>
<hi rend="italic">Cross-examined.</hi> Mr. Brown supervised the books at Aldersgate Street—Godfrey superintended the despatch of goods—I did not known Mr. Brown before he yas a partner—the goods sent to Worship Street were' invoiced at market prices—everything went on right until about the end of 1871 with the Aldersgate Street firm—early in 1872 I saw Mr. Miller, a solicitor there—about that time I knew the firm were being pressed for a large sum of money to pay certain judgments—I knew there were several Chancery suits pending, in one of which I made an affidavit—and had the pleasure of being examined and cross-exaroiued for two or three days—I do not recollect in which suit that was—the' business began to decline in 1872—I believe I left on the last day of May—it is customary in this business for travellers to bring their own customers, to a very great extent a traveller leaving his old firm would carry the customers to another firm—some of the travellers that left the firm of Saul, Godfrey & Brown weut to the Worship Street business—they would therefore carry their</p>
<xptr type="pageFacsimile" doc="187606260033"/>
<p>business with them—I have been in business for myself one year—some of the customers of the old firm have come to me and Mr. Chitty's entire con
<lb/>nection—he is my partner—Mr. Godfrey has never made any complaints to me, and if he did I might tell him he could complain as much as he liked.</p>
<hi rend="italic">Re-examined.</hi> I did not get these customers until shortly after Godfrey's bankruptcy—I continued at Worship Street until shortly before it—Mr. Chitty had a connection before he went to Saul, Godfrey & Browne.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-79" type="witnessName">
<interp inst="t18760626-name-79" type="gender" value="male"/>
<interp inst="t18760626-name-79" type="surname" value="JEREJMIAH"/>
<interp inst="t18760626-name-79" type="given" value="JOHN"/>JOHX JEREJMIAH</persName> </hi>. I am clerk to Messrs. E. H. Keiling & Sons, wine brokers, Tower Street—I was in their employ in the early part of 1872—at that time I knew Mr. Godfrey and Mr. Brown—I saw Mr. Brown at our office, but I could not say which month—I don't recollect receiving any communication previously—the conversation, to the best of my recollection, was. that he wished the goods that had been invoiced to Worship Street sold through Keiling's—this invoice (
<hi rend="italic">produced</hi>) was received by our firm—I do not know the handwriting at the bottom.</p>
<p>F. W.
<hi rend="smallCaps">SOHRIEBER</hi> (
<hi rend="italic">re-examined</hi>). This invoice is Mr. Godfrey's writing at the bottom, and this receipt also.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-80" type="witnessName">
<interp inst="t18760626-name-80" type="gender" value="male"/>
<interp inst="t18760626-name-80" type="surname" value="JEREMIAH"/>
<interp inst="t18760626-name-80" type="given" value="JOHN"/>JOHN JEREMIAH</persName> </hi> (
<hi rend="italic">continued</hi>). The goods were sold on account of Saul, Godfrey and Brown; I had some slight doubt about it—we charged a com
<lb/>mission—we sold those goods to Brown, of Aldersgate Street, and delivered to him the invoice of W. J. Brown & Co., Worship Street—we sold some goods on August 1st for Saul, Godfrey & Brown to W. J. Brown, of Wor
<lb/>ship Street—this is the invoice (
<hi rend="italic">produced</hi>)—we also sold goods for them to Mr. Brown, Worship Street, for 233
<hi rend="italic">l</hi>.—we received these receipts from the firm in Worship Street.</p>
<hi rend="italic">Cross-examined.</hi> I never saw Mr. Godfrey in any of these transactions—the prices at which the goods were bought and sold were the then fair market rates—before being examined at the police-court I had the pleasure of being twice examined at the Court of Chancery; it was about twelve months ago—I do not remember which suit it was—all these transactions were ordinary business transactions, there was no peeuliarity in them, they are such as would occur every day.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-81" type="witnessName">
<interp inst="t18760626-name-81" type="gender" value="male"/>
<interp inst="t18760626-name-81" type="surname" value="PATTEN"/>
<interp inst="t18760626-name-81" type="given" value="JAMES"/>JAMES PATTEN</persName> </hi>. I am a carman in the neighbourhood of Worship Street and Aldersgate Street—in 1872 I conveyed wines from different parts for Mr. Brown—I brought some from Aldersgate Street—I never bought any for any amount of Saul, Godfrey & Brown—I never authorised anybody to invoice wines in my name—I never rsceived any money in any shape or way from Saul, Godfrey, or Brown for wines, only for work that I did.</p>
<hi rend="italic">Cross-examined.</hi> I have seen Mr. Godfrey during my work—I never had any conversation with him, or received any directions from him.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-82" type="witnessName">
<interp inst="t18760626-name-82" type="gender" value="male"/>
<interp inst="t18760626-name-82" type="surname" value="MITCHELL"/>
<interp inst="t18760626-name-82" type="given" value="JOHN COLLINS"/>JOHN COLLINS MITCHELL</persName> </hi>. I am a shipping agent, of Fenchurch Street—previously to 1872 I had known Mr. Brown for some years, and I had known Mr. Godfrey—I did not in 1872 authorise any member of the firm of Saul, Godfrey & Brown to invoice wines to me—I did not purchase any in that year from Saul, Godfrey & Brown, of 15, Aldersgate Street; I did not, therefore pay any of these amounts—I did not order such wines in any shape or way.</p>
<hi rend="italic">Cross-examined.</hi> I was examined at the Court of Chancery before being examined at the police-court—I gave precisely the same statement there, at the police-court, and here to-day.</p>
<hi rend="smallCaps">
<rs id="t18760626-447-verdict-1" type="verdictDescription">
<interp inst="t18760626-447-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18760626-447-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<xptr type="pageFacsimile" doc="187606260034"/>
<hi rend="largeCaps">FOURTH COURT</hi>.—
<hi rend="italic">Tuesday, June</hi> 27
<hi rend="italic">th</hi>, 1876.</p>
<hi rend="italic">Before Robert Malcolm Kerr, Esq.</hi> </p>
<div1 type="trialAccount" id="t18760626-248">
<interp inst="t18760626-248" type="uri" value="sessionsPapers/18760626"/>
<interp inst="t18760626-248" type="date" value="18760626"/>
<join result="criminalCharge" id="t18760626-248-charge-1" targOrder="Y" targets="def1-248-18760626 t18760626-248-offence-1 t18760626-248-verdict-2"/>
<join result="criminalCharge" id="t18760626-248-charge-2" targOrder="Y" targets="def2-248-18760626 t18760626-248-offence-2 t18760626-248-verdict-1"/>
<persName id="def1-248-18760626" type="defendantName">
<interp inst="def1-248-18760626" type="gender" value="male"/>
<interp inst="def1-248-18760626" type="age" value="19"/>
<interp inst="def1-248-18760626" type="surname" value="PAGE"/>
<interp inst="def1-248-18760626" type="given" value="SAMUEL"/>
<hi rend="largeCaps">SAMUEL PAGE</hi> (19)</persName>,
<rs id="t18760626-248-verdict-1" type="verdictDescription">
<interp inst="t18760626-248-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760626-248-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>
<hi rend="smallCaps">PLEADED GUILTY</hi> </rs>
<rs id="t18760626-248-offence-1" type="offenceDescription">
<interp inst="t18760626-248-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760626-248-offence-1" type="offenceSubcategory" value="simpleLarceny"/>to stealing six skeins of silk, and other goods, of
<persName id="t18760626-name-84" type="victimName">
<interp inst="t18760626-name-84" type="gender" value="male"/>
<interp inst="t18760626-name-84" type="surname" value="BAWLINSON"/>
<interp inst="t18760626-name-84" type="given" value="WILLIAM GEORGE"/>
<join result="offenceVictim" targOrder="Y" targets="t18760626-248-offence-1 t18760626-name-84"/>William George Bawlinson</persName>; and</rs>
<persName id="def2-248-18760626" type="defendantName">
<interp inst="def2-248-18760626" type="gender" value="female"/>
<interp inst="def2-248-18760626" type="age" value="50"/>
<interp inst="def2-248-18760626" type="surname" value="KING"/>
<interp inst="def2-248-18760626" type="given" value="ANNE"/>
<hi rend="largeCaps">ANNE KING</hi> (50)</persName>,
<rs id="t18760626-248-offence-2" type="offenceDescription">
<interp inst="t18760626-248-offence-2" type="offenceCategory" value="theft"/>
<interp inst="t18760626-248-offence-2" type="offenceSubcategory" value="receiving"/>receiving the same.</rs> </p>
<hi rend="largeCaps">PAGE</hi>
<rs id="t18760626-248-verdict-2" type="verdictDescription">
<interp inst="t18760626-248-verdict-2" type="verdictCategory" value="guilty"/>
<interp inst="t18760626-248-verdict-2" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty]</rs>
<rs id="t18760626-248-punishment-13" type="punishmentDescription">
<interp inst="t18760626-248-punishment-13" type="punishmentCategory" value="noPunish"/>
<interp inst="t18760626-248-punishment-13" type="punishmentSubcategory" value="sentenceRespited"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-248-18760626 t18760626-248-punishment-13"/>
<hi rend="italic">Judgment Respited.</hi> </rs> (
<hi rend="italic">See Half-yearly Index</hi>).</p>
<hi rend="largeCaps">KING</hi>
<rs id="t18760626-248-punishment-14" type="punishmentDescription">
<interp inst="t18760626-248-punishment-14" type="punishmentCategory" value="imprison"/>
<interp inst="t18760626-248-punishment-14" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-248-18760626 t18760626-248-punishment-14"/>
<hi rend="italic">Five Years' Penal Servitude.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18760626-249">
<interp inst="t18760626-249" type="uri" value="sessionsPapers/18760626"/>
<interp inst="t18760626-249" type="date" value="18760626"/>
<join result="criminalCharge" id="t18760626-249-charge-1" targOrder="Y" targets="def1-249-18760626 t18760626-249-offence-1 t18760626-249-verdict-1"/>
<join result="criminalCharge" id="t18760626-249-charge-2" targOrder="Y" targets="def2-249-18760626 t18760626-249-offence-1 t18760626-249-verdict-1"/>
<join result="criminalCharge" id="t18760626-249-charge-3" targOrder="Y" targets="def3-249-18760626 t18760626-249-offence-1 t18760626-249-verdict-1"/>
<persName id="def1-249-18760626" type="defendantName">
<interp inst="def1-249-18760626" type="gender" value="male"/>
<interp inst="def1-249-18760626" type="age" value="18"/>
<interp inst="def1-249-18760626" type="surname" value="HOLLAND"/>
<interp inst="def1-249-18760626" type="given" value="THOMAS"/>
<hi rend="largeCaps">THOMAS HOLLAND</hi> (18)</persName>,
<persName id="def2-249-18760626" type="defendantName">
<interp inst="def2-249-18760626" type="gender" value="female"/>
<interp inst="def2-249-18760626" type="age" value="48"/>
<interp inst="def2-249-18760626" type="surname" value="MURPHY"/>
<interp inst="def2-249-18760626" type="given" value="CATHERINE"/>
<hi rend="largeCaps">CATHERINE MURPHY</hi> (48)</persName>, and
<persName id="def3-249-18760626" type="defendantName">
<interp inst="def3-249-18760626" type="gender" value="male"/>
<interp inst="def3-249-18760626" type="age" value="42"/>
<interp inst="def3-249-18760626" type="surname" value="RAWES"/>
<interp inst="def3-249-18760626" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM RAWES</hi> (42)</persName>
<rs id="t18760626-249-offence-1" type="offenceDescription">
<interp inst="t18760626-249-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18760626-249-offence-1" type="offenceSubcategory" value="forgery"/>, Feloniously forging and uttering an order for the payment of 165
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>., with intent to defraud.</rs> </p>
<hi rend="smallCaps">MR. SIMS</hi>
<hi rend="italic">conducted the Prosecution;</hi>
<hi rend="smallCaps">MESSRS. M. WILLIAMS</hi>
<hi rend="italic">appeared for</hi> </p>
<hi rend="italic">Murphy and Holland, and</hi>
<hi rend="smallCaps">MR. MOODY</hi>
<hi rend="italic">for Rawes.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760626-name-89" type="witnessName">
<interp inst="t18760626-name-89" type="gender" value="male"/>
<interp inst="t18760626-name-89" type="surname" value="OYLER"/>
<interp inst="t18760626-name-89" type="given" value="GEORGE"/>GEORGE OYLER</persName> </hi>. I am one of the firm of T. and G. Oyler, fruit salesmen in Spitalfields Market—Holland was formerly employed by our firm—he left suddenly in September last, and I saw and heard nothing of him until after 17th March—while he was in our employ I kept a banking account wills the Whitechapel branch of the Central Bank of London, Limited—this cheque for 165
<hi rend="italic">l</hi>. (
<hi rend="italic">produced</hi>) is not my signature—to the best of my belie! it is in Holland's writing—I have seen him write and have his writing in our books—I used to buy of J. C. Jones—he was not a customer on March 28th—he was dead, he unfortunately got drowned—there was no cheque book that the prisoner had access to—I recognise this piece of paper as missing from our book—there is a number on it—I am able to say that it was taken out while the prisoner was with us—(
<hi rend="italic">produced</hi>) that is the cheque-book—the counterpart and all is gone—we have missed two cheque besides this one, they are consecutive numbers—that book was in our pos
<lb/>session in September. (
<hi rend="italic">The cheque was here read, and it was for</hi> 165
<hi rend="italic">l</hi>.,
<hi rend="italic">signed in the witness's name and endorsed J. C. Jones</hi>). The prisoner was never authorised to sign the firm's name, nor to draw a cheque—this other cheque (
<hi rend="italic">produced</hi>) is also one removed from this book—the writing resembles Holland's. (
<hi rend="italic">This was for</hi> 69
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.,
<hi rend="italic">signed T. G</hi>. Oyler,
<hi rend="italic">and endorsed Thomas Dann</hi>). Mr. Dann was a customer of ours at that time—Holland was never authorised to sign that cheque.</p>
<hi rend="italic">Cross-examined by</hi> Mr. M. Williams. I have no doubt about it being in Holland's writing.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-90" type="witnessName">
<interp inst="t18760626-name-90" type="gender" value="male"/>
<interp inst="t18760626-name-90" type="surname" value="RANDALL"/>
<interp inst="t18760626-name-90" type="given" value="JOHN DAVIS"/>JOHN DAVIS RANDALL</persName> </hi>. I am clerk to Messrs. T. and G. Oyler—I know Holland—I was in Messrs. Oyler's employ last September—I have seen Holland write, the body of these cheques are in his writing, and the endorse
<lb/>ment also—I have seen Holland imitate the signature of Messrs. Oyler—I have some of Holland's writing.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-91" type="witnessName">
<interp inst="t18760626-name-91" type="gender" value="male"/>
<interp inst="t18760626-name-91" type="surname" value="ALLEN"/>
<interp inst="t18760626-name-91" type="given" value="WILLIAM CHARLES"/>WILLIAM CHARLES ALLEN</persName> </hi>. I am a cashier at the Whitechapel Branch of the Central Bank of London—on 25th March, I received this cheque for 69
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—I paid it to the person who presented it; I do not know who, I gave three 20
<hi rend="italic">l</hi>. notes, and 9
<hi rend="italic">l</hi>. 18
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>. in money—those notes were numbered 1971, 1972, 1973, and dated 19th July, 1875—on 30th March, I cashed the other cheque for 165
<hi rend="italic">l</hi>.—I gave three 50
<hi rend="italic">l</hi>. notes, numbers 60504, 60506, and 60507, dated 18th May, 1875, and 15
<hi rend="italic">l</hi>. in cash.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-92" type="witnessName">
<interp inst="t18760626-name-92" type="gender" value="male"/>
<interp inst="t18760626-name-92" type="surname" value="HACKMAN"/>
<interp inst="t18760626-name-92" type="given" value="WILLIAM GEORGE"/>WILLIAM GEORGE HACKMAN</persName> </hi>. I am a cashier at the Bank of England—on 25th March I cashed three Bank of England notes, each for 20
<hi rend="italic">l</hi>., Nos. 1971, 1972, 1973, dated 19th July, 1875—I have them here—in exchange</p>
<xptr type="pageFacsimile" doc="187606260035"/>
<p>for these I gave eight Bank of England notes for 5
<hi rend="italic">l</hi>. each, numbering from 91080, and 20
<hi rend="italic">l</hi>. in gold—on one of the notes there is the name of Dann—I do not know the person who came—I did not see the endorsement put on.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-93" type="witnessName">
<interp inst="t18760626-name-93" type="gender" value="male"/>
<interp inst="t18760626-name-93" type="surname" value="RANDALL"/>
<interp inst="t18760626-name-93" type="given" value="JOHN DAVIS"/>JOHN DAVIS RANDALL</persName> </hi> (
<hi rend="italic">re-examined</hi>). This endorsement on this note is Holland's writing.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-94" type="witnessName">
<interp inst="t18760626-name-94" type="gender" value="female"/>
<interp inst="t18760626-name-94" type="surname" value="MASTERS"/>
<interp inst="t18760626-name-94" type="given" value="LUCY"/>LUCY MASTERS</persName> </hi>. I have been living at 1, Charles Street, Stepney—I was acquainted with Holland for some years; he used to lodge with my mother up to September—then he left and we did not see. him again till 17th March—we received a pocket book of his to take care of, and it was kept behind a picture in my mother's house—it contained some paper—I cannot read or write—I saw him on 17th March and gave him the pocket-book and papers—I did not open it to see if it had papers in or not, therefore, I don't know, but I believe—I lived with Holland for a time in some lodgings—he did not at that time give me any money—as far as I
<hi rend="italic">know</hi> he was not in possession of any—he gave me a lot of gold a little while after he came home—I first knew Murphy and Rawes about a fortnight after I became acquainted with Holland; after 17th March—I was introduced to them by a young woman—as far as I know Holland did not know them at that time—Holland and I knew them at one time—I knew them as Mr. and Mrs. Rose—they were living at 92, Nelson Street—I went there to live with them for a time—I heard a conversation between Holland and Mrs. Rose as to a cheque—Holland asked Mrs. Rose whether she would get Mr. Rose to pass it through the bank; Mrs. Murphy went down and brought up Mr. Rose and asked him to do it, and he said no he had better do it himself—Holland went out and returned with some money the day after—it was a lot of gold and a lot of notes—I saw Holland do some writing and then go out—Mrs. Rose was present and myself—I said "Don't,
<hi rend="italic">Tom</hi>, don't do it;" Mrs. Rose said "Go on,
<hi rend="italic">Tom</hi>, you will be all right"—when he returned with the money he gave the notes and gold to Mrs. Murphy, taking a little himself—he gave me a few sovereigns and two 5
<hi rend="italic">l</hi>. notes—he gave Mrs. Rose for herself two 5
<hi rend="italic">l</hi>. notes besides some gold in a bag which he gave her to take care of—the furniture at No. 1, Charles Street was bought by Holland and I went to live there—the gold and notes were then at Mrs. Rose's house—I have been to Mrs. Fleegar's, the Greyhound, Shadwell Heath—that was before we had No. 1, Charles Street—four of us went, Mr. and Mrs. Rose, Holland, and me—Holland stayed there for a time—I heard a conversation. about his doing so—they, wanted him to stop there because, they said, he had been drinking, and wanted him to have a quiet lodging—I saw him again about the third day after—after this he left again suddenly and I went down and saw him at Cardiff—before he went Mrs. Rose came round one morning and said "
<hi rend="italic">Tom</hi>, do get away at once, the police are after you," the detectives or something, "Get away, and my husband will meet you at a certain house"—Holland then went—he said "Fetch me all the gold and you keep the notes"—I did not see Holland again before he went to Cardiff—he did not return to the house—I think he had been gone about a fortnight before I went down to him—he did not come back with me—Mrs. Rose gave, me 5
<hi rend="italic">l</hi>. in gold to go down to him—she did not give me any money at any other time—I never paid her back—she did not give me any money for Holland—Holland said to me "When you go home tell Mrs. Rose that there is 20
<hi rend="italic">l</hi>. missing out of the bag of gold"—I did not do so, and ho wrote a letter to me, which I got a young girl to</p>
<xptr type="pageFacsimile" doc="187606260036"/>
<p>read—I never said anything about it to either of the Rose's, or of its con
<lb/>tents—when Holland returned he sent me round for Mrs. Murphy, he said "Tell her about the 20
<hi rend="italic">l</hi>. being missing out of the bag"—Mrs. Murphy came round and took him to 92, Nelson Street, and gave it him there at the time she gave me the 5
<hi rend="italic">l</hi>. she said she was going to get rid of the notes in case the police should come and find them in her house—she said she was going to sell them—I recollect seeing a man named Freeman about the second Sunday after Holland was away in Cardiff—Mr. and Mrs. Rose were present—she said "Do you know that gentleman?" I had seen him once before, and said "Yes"—she said "Well, I am going to sell the notes to Mr. Freeman in case
<hi rend="italic">Tom</hi> is taken, so that we shall have the money in gold to defend him with."</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>. Holland and I were taken to Murphy's house originally by a woman named Dorrington—up to that time I had not known Rose and his wife; neither had Holland—the Roses were living together as man and wife—I did not know where he got the money from and he did not tell me—he had lived in ray mother's house—I was surprised to see him with so much money—before he went to Rose's Holland had given me money and I had given Mrs. Dorrington some—I saw a paper signed with regard to the furniture to be bought—that was at the tint Mrs. Rose said "It is all right,
<hi rend="italic">Tom</hi>"—I did say a word before the Magistrate about Mrs. Rose going to sell the notes—I was not under the impression that the money was honestly come by, because Holland was doing no work at the time—I did not hear him say at any time that his relations had gives him plenty of money.</p>
<hi rend="italic">Cross-examined by</hi> Mr. Moody. Mr. Rose was present at the time of the conversation about Freeman—I said so before the Magistrate.</p>
<hi rend="italic">Re-examined.</hi> This cheque (
<hi rend="italic">produced</hi>) is the paper that was signed when Mrs. Rose said "You will be all right,
<hi rend="italic">Tom</hi>"—Isaw Mrs. Murphy puther name across there—when he told me he was going to get some more money I said "Don't, Tom"—I thought he had got the previous money wrongly and thought he was going to get some more wrongly—it was on that occasion that Mrs. Murphy said "Go on,
<hi rend="italic">Tom</hi>, you will be all right"—he then went out and brought some more money—Annie Dorrington is a friend who lived in the house I first lived in with Holland; she knew the Roses, I suppose she is in the habit of visiting them.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-95" type="witnessName">
<interp inst="t18760626-name-95" type="gender" value="male"/>
<interp inst="t18760626-name-95" type="surname" value="BANFORD"/>
<interp inst="t18760626-name-95" type="given" value="ALFRED"/>ALFRED BANFORD</persName> </hi>. I am barman to Mr. Goddard, Bedford Arms, Bedford Street, Commercial Road—Rawes has been a customer there for two years—I remember at the end of March or the beginning of April cashing a note for him (
<hi rend="italic">note No</hi>. 91,080
<hi rend="italic">produced</hi>)—he endorsed this at the time; I think this is his endorsement; there is no date on it.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. MOODY</hi>. He was a customer—I knew him well.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-96" type="witnessName">
<interp inst="t18760626-name-96" type="gender" value="male"/>
<interp inst="t18760626-name-96" type="surname" value="STEELE"/>
<interp inst="t18760626-name-96" type="given" value="JOHN MATTHEW"/>JOHN MATTHEW STEELE</persName> </hi>. I am in the employ of Mr.
<hi rend="smallCaps">WILLIAM DICKER</hi>, a pawnbroker, of 303, Commercial Road—I know Murphy; she had a watch and chain in pawn with us about two months ago for 10
<hi rend="italic">l</hi>.; she took them out on 31st March—she paid with two 5
<hi rend="italic">l</hi>. notes and 3
<hi rend="italic">s</hi>. 4
<hi rend="italic">d</hi>. in money—I did not take the numbers of the notes—I paid those notes in to our account with Messrs. Barclay, Bevan & Co., on the following Monday—the watch was put in by the prisoner Rawes—this is his signature, which he did in my presence at the time he put the watch in.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. MOODY</hi>. It was pawned on 2nd March by Rawes.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-97" type="witnessName">
<interp inst="t18760626-name-97" type="gender" value="male"/>
<interp inst="t18760626-name-97" type="surname" value="WALKER"/>
<interp inst="t18760626-name-97" type="given" value="WILLIAM NBWMAN"/>WILLIAM NBWMAN WALKER</persName> </hi>. I am a bank note clerk in the employ of</p>
<xptr type="pageFacsimile" doc="187606260037"/>
<p>Messrs. Barclay, Bevan & Co.—Mr. William Dicker, of 303, Commercial Road", has a banking account with, us—on 3rd April this year these two Bank of England 5
<hi rend="italic">l</hi>. notes were paid in to his account; they are numbers 99118 and 99119, dated 29th December, 1875.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-98" type="witnessName">
<interp inst="t18760626-name-98" type="gender" value="male"/>
<interp inst="t18760626-name-98" type="surname" value="PEARSON"/>
<interp inst="t18760626-name-98" type="given" value="FREDERICK"/>FREDERICK PEARSON</persName> </hi>. I am cashier at the Bank of England—on 30th March I cashed three 50
<hi rend="italic">l</hi>. notes, numbers 60904 to 60906, dated 18th May, 1875—I gave for them twenty 5
<hi rend="italic">l</hi>. notes and 50
<hi rend="italic">l</hi>. in gold—the notes were numbers 99,118 to 99,137, dated 29th December, 1875—the three 50
<hi rend="italic">l</hi>. notes were endorsed—I am not able to recognise the person who gave them to me.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-99" type="witnessName">
<interp inst="t18760626-name-99" type="gender" value="male"/>
<interp inst="t18760626-name-99" type="surname" value="NEATE"/>
<interp inst="t18760626-name-99" type="given" value="JOHN"/>JOHN NEATE</persName> </hi>. I am an upholsterer carrying on business at 160, Jubilee Street, Mile End Road—on 1st April, 1876, Lucy Masters and Mrs. Murphy. came to my shop and bought goods amounting to 6
<hi rend="italic">l</hi>. 5
<hi rend="italic">s</hi>. 8
<hi rend="italic">d</hi>.—they were paid for with two 5
<hi rend="italic">l</hi>. notes, and I gave 3
<hi rend="italic">l</hi>. 15
<hi rend="italic">s</hi>. change—I did not take the num
<lb/>bers—I paid them in to my account with the Stepney branch on the 4th April.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-100" type="witnessName">
<interp inst="t18760626-name-100" type="gender" value="female"/>
<interp inst="t18760626-name-100" type="surname" value="SINGER"/>
<interp inst="t18760626-name-100" type="given" value="FRANK"/>FRANK SINGER</persName> </hi>. I am clerk at the Stepney branch of the London and South Western Bank—Mr. Neate keeps an account there—on 4th April, 1876, he paid to his account two 5
<hi rend="italic">l</hi>. Bank of England notes, numbers 19083 and 19084—Mr. Leonard Leffley also keeps his account with us and on 3rd April, 1876, he paid into into his account a 5
<hi rend="italic">l</hi>. note, number 99137, and dated 29th December, 1875.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-101" type="witnessName">
<interp inst="t18760626-name-101" type="gender" value="male"/>
<interp inst="t18760626-name-101" type="surname" value="LEFFLEY"/>
<interp inst="t18760626-name-101" type="given" value="LEONARD"/>LEONARD LEFFLEY</persName> </hi>. I carry on business at 148, Sidney Street, Mile End—I know Rawes—on 4th April, 1876, he came into my shop with a little man who he introduced to me as Jackson—that is Mr. Rawes and that: Jack
<lb/>son (
<hi rend="italic">pointing to the male prisoners</hi>)—he. came for a suit of clothes and paid me anew 5
<hi rend="italic">l</hi>. note; they came to 53
<hi rend="italic">s</hi>., and I delivered the clothes myself at 92, Nelson Street—I paid the note into the South Western Bank.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. MOODY</hi>. I have an entry of the order; it is in Mr. Rawes name, and I delivered the clothes at his address—he has intro
<lb/>duced customers to me before.</p>
<hi rend="italic">Re-examined.</hi> I have not the slightest doubt about the prisoners.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-102" type="witnessName">
<interp inst="t18760626-name-102" type="gender" value="male"/>
<interp inst="t18760626-name-102" type="surname" value="SAVAGE"/>
<interp inst="t18760626-name-102" type="given" value="ALBERT ROBERT"/>ALBERT ROBERT SAVAGE</persName> </hi>. I am an auctioneer, of 52, Brick Lane—I hold sales of furniture every week—I held a sale on 29th March, 1876—I know Mrs. Murphy by her coming to the sales; she was at that sale—she bought goods to the amount of 14
<hi rend="italic">l</hi>. 16
<hi rend="italic">s</hi>., and paid 2
<hi rend="italic">l</hi>. 10
<hi rend="italic">s</hi>. deposit—the larger amount was paid two days afterwards, on the 31st, with three 5
<hi rend="italic">l</hi>. notes—I did not keep a copy of the numbers—two of them I afterwards paid to my account with the Shoreditch Branch, Bank of London—afew days afterwards I saw Murphy again; she said a detective had called at her place respecting certain notes which were traced to her, and they turned out to be stolen—she also said there would be sure to be some inquiry or some proceedings instituted, and that I had no occasion to be alarmed about it, that she could account as to how she got them in a satisfactory manner.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-103" type="witnessName">
<interp inst="t18760626-name-103" type="gender" value="male"/>
<interp inst="t18760626-name-103" type="surname" value="WILSON"/>
<interp inst="t18760626-name-103" type="given" value="HENRY NEWMAN"/>HENRY NEWMAN WILSON</persName> </hi>. I am a cashier at the Shoreditch Branch of the Central Bank of London, Limited—Mr. Savage keeps an account there—on 8th April, 1876, he paid in two 5
<hi rend="italic">l</hi>. notes, dated 29th December, 1875, Nos. 99121 and 99134.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-104" type="witnessName">
<interp inst="t18760626-name-104" type="gender" value="male"/>
<interp inst="t18760626-name-104" type="surname" value="OGDEN"/>
<interp inst="t18760626-name-104" type="given" value="CHARLES"/>CHARLES OGDEN</persName> </hi>. I am a licensed victualler—I know Rawes, I cashed a Bank of England note for him early in April; he endorsed it in my pre-sence—this (
<hi rend="italic">No</hi>. 99126) is the note.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-105" type="witnessName">
<interp inst="t18760626-name-105" type="gender" value="female"/>
<interp inst="t18760626-name-105" type="surname" value="FLEEGAR"/>
<interp inst="t18760626-name-105" type="given" value="ELIZA"/>ELIZA FLEEGAR</persName> </hi>. I keep the Greyhound public-house at Chadwell Heath</p>
<xptr type="pageFacsimile" doc="187606260038"/>
<p>—the three prisoners were at my house at the beginning of April, and Lucy Masters with them—Mr. and Mrs. Rose asked me if I would have Holland there for a week; they said he had just come home from Brazil, and had been drinking brandy and made himself ill—they said he was their nephew—they asked me to make him comfortable—they left him there, and he stayed that night and went next evening—the three came again for him—he came to me again for one night, and when Mr. Rose came to fetch him on the second occasion Mr. Holland said he had got to go back again to his employers; they would not allow him to stay any longer, and he was going to Portsmouth—I asked 15
<hi rend="italic">s</hi>., and Holland gave me a sovereign.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-106" type="witnessName">
<interp inst="t18760626-name-106" type="gender" value="male"/>
<interp inst="t18760626-name-106" type="surname" value="MARRYATT"/>
<interp inst="t18760626-name-106" type="given" value="JOSEPH"/>JOSEPH MARRYATT</persName> </hi> (
<hi rend="italic">Policeman H</hi>). I took Holland on 23rd May, and charged him with forging and uttering two cheques upon the Central Bank. of London—I took him at 1, Charles Street, Stepney—the girl, Masters, was in the house, and several women I did not know—I found him in the kitchcn—when I told him the charge he said "Yes, I know I did it; but there's others in it besides me. I paid 35
<hi rend="italic">l</hi>. for this house, 35
<hi rend="italic">l</hi>. in notes I gave Mrs. Rose to mind. There is no one here but me and you; what will you take to let me go? I will clear out and not be seen again." At that time no one was present—I had got him in the parlour, and then Masters came in—Masters said "Tell the truth,
<hi rend="italic">Tom;</hi> you know Mrs. Rose was there when you forged the second cheque"—afterwards I saw Murphy, and directed a constable of the K division to apprehend her—I charged her with being concerned with Holland—she said "Good God! I know nothing at all about it"—I searched Holland's boxes, and found this receipt, some bills for new furniture, and an agreement for the sale of a house—some letters were handed to me some days after by Masters.</p>
<hi rend="italic">Cross-examined by</hi>
<hi rend="smallCaps">MR. M. WILLIAMS</hi>. I am quite sure she said that Mrs. Rose was in the room before he forged the second cheque.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-107" type="witnessName">
<interp inst="t18760626-name-107" type="gender" value="male"/>
<interp inst="t18760626-name-107" type="surname" value="STEVENS"/>
<interp inst="t18760626-name-107" type="given" value="JOHN"/>JOHN STEVENS</persName> </hi> (
<hi rend="italic">Policeman H</hi>). I took Rawes at 92, Nelson Street, and charged him with being concerned, with Mrs. Murphy, in aiding Holland in forging two cheques upon the Central Bank of London—he said "I know nothing more than they bought the house for 35
<hi rend="italic">l</hi>. I went with Holland to Leffey's, purchased a suit of clothes, paid a 5
<hi rend="italic">l</hi>. note, and received the change. We had a trap and went down the Ilford Road. I pulled up at a house and had a liquor. Holland gave me a 5
<hi rend="italic">l</hi>. note to get change, as I had no silver. That is all I know. I am willing to go with you any
<hi rend="italic">The Prisoners' Statements before the Magistrate</hi>.—
<hi rend="italic">Holland says:</hi>"What I have to say I will say at the trial."
<hi rend="italic">Rawes says:</hi>"The two 5
<hi rend="italic">l</hi>. notes that I signed were two that Masters gave me to get her watch out of pawn. If I had known they were wrongly come by I should not have put my name on them, as I knew they could go back to the bank and could be traced."</p>
<rs id="t18760626-249-verdict-1" type="verdictDescription">
<interp inst="t18760626-249-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760626-249-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi> </rs>.
<hi rend="largeCaps">HOLLAND</hi>
<rs id="t18760626-249-punishment-15" type="punishmentDescription">
<interp inst="t18760626-249-punishment-15" type="punishmentCategory" value="imprison"/>
<interp inst="t18760626-249-punishment-15" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-249-18760626 t18760626-249-punishment-15"/>
<hi rend="italic">Seven Years' Penal Servitude</hi> </rs>.</p>
<hi rend="largeCaps">MURPHY</hi> and
<hi rend="largeCaps">RAWES</hi>
<rs id="t18760626-249-punishment-16" type="punishmentDescription">
<interp inst="t18760626-249-punishment-16" type="punishmentCategory" value="imprison"/>
<interp inst="t18760626-249-punishment-16" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-249-18760626 t18760626-249-punishment-16"/>
<join result="defendantPunishment" targOrder="Y" targets="def3-249-18760626 t18760626-249-punishment-16"/>
<hi rend="italic">Eighteen Months' Imprisonment each.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18760626-250">
<interp inst="t18760626-250" type="uri" value="sessionsPapers/18760626"/>
<interp inst="t18760626-250" type="date" value="18760626"/>
<join result="criminalCharge" id="t18760626-250-charge-1" targOrder="Y" targets="def1-250-18760626 t18760626-250-offence-1 t18760626-250-verdict-1"/>
<persName id="def1-250-18760626" type="defendantName">
<interp inst="def1-250-18760626" type="gender" value="male"/>
<interp inst="def1-250-18760626" type="age" value="23"/>
<interp inst="def1-250-18760626" type="surname" value="LEWIS"/>
<interp inst="def1-250-18760626" type="given" value="WILLIAM HENRY"/>
<hi rend="largeCaps">WILLIAM HENRY LEWIS</hi> (23)</persName>,
<hi rend="smallCaps">
<rs id="t18760626-250-verdict-1" type="verdictDescription">
<interp inst="t18760626-250-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760626-250-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18760626-250-offence-1" type="offenceDescription">
<interp inst="t18760626-250-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18760626-250-offence-1" type="offenceSubcategory" value="fraud"/> to unlawfully obtaining by false pretences from
<persName id="t18760626-name-109" type="victimName">
<interp inst="t18760626-name-109" type="gender" value="male"/>
<interp inst="t18760626-name-109" type="surname" value="COOK"/>
<interp inst="t18760626-name-109" type="given" value="FRANCIS"/>
<join result="offenceVictim" targOrder="Y" targets="t18760626-250-offence-1 t18760626-name-109"/>Francis Cook</persName> and others, twenty-five yards of satin and other articles—having been before convicted</rs>
<hi rend="italic">
<rs id="t18760626-250-punishment-17" type="punishmentDescription">
<interp inst="t18760626-250-punishment-17" type="punishmentCategory" value="imprison"/>
<interp inst="t18760626-250-punishment-17" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-250-18760626 t18760626-250-punishment-17"/>Five Years' Penal Servitude</rs> </hi>. And</p> </div1>
<div1 type="trialAccount" id="t18760626-251">
<interp inst="t18760626-251" type="uri" value="sessionsPapers/18760626"/>
<interp inst="t18760626-251" type="date" value="18760626"/>
<join result="criminalCharge" id="t18760626-251-charge-1" targOrder="Y" targets="def1-251-18760626 t18760626-251-offence-1 t18760626-251-verdict-1"/>
<join result="criminalCharge" id="t18760626-251-charge-2" targOrder="Y" targets="def2-251-18760626 t18760626-251-offence-2 t18760626-251-verdict-1"/>
<persName id="def1-251-18760626" type="defendantName">
<interp inst="def1-251-18760626" type="gender" value="male"/>
<interp inst="def1-251-18760626" type="age" value="18"/>
<interp inst="def1-251-18760626" type="surname" value="MARSHALL"/>
<interp inst="def1-251-18760626" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN MARSHALL</hi> (18)</persName>,
<hi rend="italic">and</hi>
<persName id="def2-251-18760626" type="defendantName">
<interp inst="def2-251-18760626" type="gender" value="male"/>
<interp inst="def2-251-18760626" type="age" value="16"/>
<interp inst="def2-251-18760626" type="surname" value="HUMPHREYS"/>
<interp inst="def2-251-18760626" type="given" value="RICHARD"/>
<hi rend="largeCaps">RICHARD HUMPHREYS</hi> (16)</persName>
<rs id="t18760626-251-offence-1" type="offenceDescription">
<interp inst="t18760626-251-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760626-251-offence-1" type="offenceSubcategory" value="theftFromPlace"/>, to breaking and entering the warehouse of
<persName id="t18760626-name-112" type="victimName">
<interp inst="t18760626-name-112" type="gender" value="male"/>
<interp inst="t18760626-name-112" type="surname" value="CLARK"/>
<interp inst="t18760626-name-112" type="given" value="EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18760626-251-offence-1 t18760626-name-112"/>Edward Clark</persName>, and stealing three coats and other goods.</rs>
<rs id="t18760626-251-verdict-1" type="verdictDescription">
<interp inst="t18760626-251-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760626-251-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>[Pleaded guilty. See original trial image.]</rs> </p>
<hi rend="largeCaps">MARSHALL</hi>**—
<rs id="t18760626-251-punishment-18" type="punishmentDescription">
<interp inst="t18760626-251-punishment-18" type="punishmentCategory" value="imprison"/>
<interp inst="t18760626-251-punishment-18" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-251-18760626 t18760626-251-punishment-18"/>
<hi rend="italic">Five Years' Penal Servitude.</hi> </rs> </p>
<hi rend="largeCaps">HUMPHREYS</hi>*—
<rs id="t18760626-251-punishment-19" type="punishmentDescription">
<interp inst="t18760626-251-punishment-19" type="punishmentCategory" value="imprison"/>
<interp inst="t18760626-251-punishment-19" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def2-251-18760626 t18760626-251-punishment-19"/>
<hi rend="italic">Eighteen Months' Imprison
<lb/>ment.</hi> </rs> </p> </div1>
<div1 type="trialAccount" id="t18760626-252">
<interp inst="t18760626-252" type="uri" value="sessionsPapers/18760626"/>
<interp inst="t18760626-252" type="date" value="18760626"/>
<join result="criminalCharge" id="t18760626-252-charge-1" targOrder="Y" targets="def1-252-18760626 t18760626-252-offence-1 t18760626-252-verdict-1"/>
<xptr type="pageFacsimile" doc="187606260039"/>
<persName id="def1-252-18760626" type="defendantName">
<interp inst="def1-252-18760626" type="gender" value="female"/>
<interp inst="def1-252-18760626" type="age" value="47"/>
<interp inst="def1-252-18760626" type="surname" value="JACKSON"/>
<interp inst="def1-252-18760626" type="given" value="CATHERINE"/>
<hi rend="largeCaps">CATHERINE JACKSON</hi> (47)</persName>
<rs id="t18760626-252-offence-1" type="offenceDescription">
<interp inst="t18760626-252-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18760626-252-offence-1" type="offenceSubcategory" value="forgery"/>, Feloniously forging and uttering an order for the delivery of goods, with intent to defraud. </rs>
<hi rend="smallCaps">MR. BRINDLEY</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760626-name-114" type="witnessName">
<interp inst="t18760626-name-114" type="gender" value="male"/>
<interp inst="t18760626-name-114" type="surname" value="CARTER"/>
<interp inst="t18760626-name-114" type="given" value="JAMES"/>JAMES CARTER</persName> </hi>. I am a grocer at 65, Westbourne Street, Police—I know Miss Reeve, a district visitor—she gives away orders for grocery of the value of 1
<hi rend="italic">s</hi>. each to the poor people—I produce a genuine order of the 12th which I received from Mrs. Marshall—that was not presented by the prisoner—I had eleven other forged orders presented—this one was pre
<lb/>sented by the prisoner—I said "Who gave you this?" she said "A woman gave it to me"—I went to Miss Reeve, she came down and asked the pri
<lb/>soner where she got it from, and she said a woman gave it to her; Miss Reeve said it was not an order, and of course she could not get the goods.</p>
<hi rend="italic">Cross-examined by the Prisoner</hi>. I never saw you at the shop before.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-115" type="witnessName">
<interp inst="t18760626-name-115" type="gender" value="female"/>
<interp inst="t18760626-name-115" type="surname" value="REEVE"/>
<interp inst="t18760626-name-115" type="given" value="CLARA"/>CLARA REEVE</persName> </hi> I am a district visitor, and live at 65, Westbourne Street, Pimlico—occasionally I give orders to poor people of the value of 1
<hi rend="italic">s</hi>.—this order is not in my writing—I never authorised any one to write it for me—I came down and saw the prisoner in the shop—I asked her where she got it from; she said a woman gave it to her—I had seen her before once at a house—she had known me then—I had no conversation particularly with her, there were several in the room—she knew of a Mrs. Marshall having an order from me—I cannot say whether she was in the room, but she was at the door—I nest saw her in the shop.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-116" type="witnessName">
<interp inst="t18760626-name-116" type="gender" value="male"/>
<interp inst="t18760626-name-116" type="surname" value="LEESON"/>
<interp inst="t18760626-name-116" type="given" value="BENJAMIN"/>BENJAMIN LEESON</persName> </hi> (
<hi rend="italic">Policeman B</hi> 393). I took the prisoner—I said that I held a warrant for her apprehension for knowingly uttering a forged order for delivery of goods, and should take her in custody; she said "All right, I will go with you, I had the order given me in the street by a woman, I had no idea of its being forged. I told her I would try it."</p>
<hi rend="italic">The Prisoner's statement before the Magistrate</hi>. I got the paper from a lady. I do not know who she was, on the Friday, and I kept it until the following Tuesday, and then came down to Mr. Carter's and I gave him the order, and he went up to Miss Reeves, and she asked me where I got it from. I told her I got it from some lady in the street. She asked Mr. Carter if I had ever been there before, and he said "No." I turned and asked Miss Reeve if I was to have anything, and she said "No." I thought the order was genuine, and she said "No."</p>
<hi rend="smallCaps">
<persName id="t18760626-name-117" type="witnessName">
<interp inst="t18760626-name-117" type="gender" value="female"/>
<interp inst="t18760626-name-117" type="surname" value="REEVE"/>
<interp inst="t18760626-name-117" type="given" value="CLARA"/>CLARA REEVE</persName> </hi>
<hi rend="italic">re-examined.</hi> She did ask me if she was to have anything.</p>
<hi rend="smallCaps">
<rs id="t18760626-252-verdict-1" type="verdictDescription">
<interp inst="t18760626-252-verdict-1" type="verdictCategory" value="notGuilty"/>
<interp inst="t18760626-252-verdict-1" type="verdictSubcategory" value=""/>NOT GUILTY</rs> </hi>.</p> </div1>
<div1 type="trialAccount" id="t18760626-253">
<interp inst="t18760626-253" type="uri" value="sessionsPapers/18760626"/>
<interp inst="t18760626-253" type="date" value="18760626"/>
<join result="criminalCharge" id="t18760626-253-charge-1" targOrder="Y" targets="def1-253-18760626 t18760626-253-offence-1 t18760626-253-verdict-1"/>
<persName id="def1-253-18760626" type="defendantName">
<interp inst="def1-253-18760626" type="gender" value="male"/>
<interp inst="def1-253-18760626" type="age" value="24"/>
<interp inst="def1-253-18760626" type="surname" value="LITTLE"/>
<interp inst="def1-253-18760626" type="given" value="GEORGE"/>
<hi rend="largeCaps">GEORGE LITTLE</hi> (24)</persName>
<rs id="t18760626-253-offence-1" type="offenceDescription">
<interp inst="t18760626-253-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760626-253-offence-1" type="offenceSubcategory" value="simpleLarceny"/>, Stealing a trunk of dead soles, the goods of
<persName id="t18760626-name-119" type="victimName">
<interp inst="t18760626-name-119" type="gender" value="male"/>
<interp inst="t18760626-name-119" type="surname" value="LAFLIN"/>
<interp inst="t18760626-name-119" type="given" value="ALEXANDER"/>
<join result="offenceVictim" targOrder="Y" targets="t18760626-253-offence-1 t18760626-name-119"/>Alexander Laflin</persName>.</rs> </p>
<hi rend="smallCaps">MR. MORTEN</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. STRAIGHT</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760626-name-120" type="witnessName">
<interp inst="t18760626-name-120" type="gender" value="male"/>
<interp inst="t18760626-name-120" type="surname" value="LAFLIN"/>
<interp inst="t18760626-name-120" type="given" value="ALEXANDER"/>ALEXANDER LAFLIN</persName> </hi>. I am a fishmonger, of 411, City Road—on the morning of 13th June I lost a trunk of soles—I made inquiries and was told that some
<hi rend="italic">chap</hi> had taken them—his dress was described, and which way he went, so I followed in his track—when I got to London Bridge I found the soles on a barrow—I stopped the man and asked him what he had to do with those soles, he said "Oh, they are not mine, they belong to that man there, pointing to the prisoner." I went and asked the prisoner what he had to do with them, he said that they were not mine. I said "Yes, they are, they belong to me," and gave him in charge—I did not give the prisoner authority to take them.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-121" type="witnessName">
<interp inst="t18760626-name-121" type="gender" value="male"/>
<interp inst="t18760626-name-121" type="surname" value="TRINDER"/>
<interp inst="t18760626-name-121" type="given" value="ROBERT"/>ROBERT TRINDER</persName> </hi>. I am a general dealer—on 13th June I was on Lon
<xptr type="pageFacsimile" doc="187606260040"/>
<p>Bridge, and the prisoner said "Are you going over to the Borough"—I said "I am," and he put his trunk on my barrow—I stopped on the way for about seven or eight minutes to have some ale—the last witness came up to me and said "Are these your soles." I said "No, they belong to that young man," and I left them to settle it between themselves.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-122" type="witnessName">
<interp inst="t18760626-name-122" type="gender" value="male"/>
<interp inst="t18760626-name-122" type="surname" value="MILES"/>
<interp inst="t18760626-name-122" type="given" value="WILLIAM"/>WILLIAM MILES</persName> </hi> (
<hi rend="italic">Policeman M</hi>. 792). I took the prisoner and told him it was for stealing a trunk of soles—he made no reply.</p>
<hi rend="smallCaps">
<rs id="t18760626-253-verdict-1" type="verdictDescription">
<interp inst="t18760626-253-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760626-253-verdict-1" type="verdictSubcategory" value="no_subcategory"/>GUILTY</rs> </hi>.</p>
<hi rend="italic">He was further charged with a previous conviction, to which he</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi>**—
<hi rend="italic">
<rs id="t18760626-253-punishment-20" type="punishmentDescription">
<interp inst="t18760626-253-punishment-20" type="punishmentCategory" value="imprison"/>
<interp inst="t18760626-253-punishment-20" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-253-18760626 t18760626-253-punishment-20"/>Seven Years' Penal Servitude.</rs> </hi> </p> </div1>
<hi rend="largeCaps">OLD COURT</hi>.—
<hi rend="italic">Wednesday, June</hi> 28
<hi rend="italic">th</hi>, 1876.</p>
<hi rend="italic">Before Mr. Baron Huddleston.</hi> </p>
<div1 type="trialAccount" id="t18760626-254">
<interp inst="t18760626-254" type="uri" value="sessionsPapers/18760626"/>
<interp inst="t18760626-254" type="date" value="18760626"/>
<join result="criminalCharge" id="t18760626-254-charge-1" targOrder="Y" targets="def1-254-18760626 t18760626-254-offence-1 t18760626-254-verdict-1"/>
<persName id="def1-254-18760626" type="defendantName">
<interp inst="def1-254-18760626" type="gender" value="male"/>
<interp inst="def1-254-18760626" type="age" value="29"/>
<interp inst="def1-254-18760626" type="surname" value="MILLIGAN"/>
<interp inst="def1-254-18760626" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN MILLIGAN</hi> (29)</persName>, was indicted
<rs id="t18760626-254-offence-1" type="offenceDescription">
<interp inst="t18760626-254-offence-1" type="offenceCategory" value="kill"/>
<interp inst="t18760626-254-offence-1" type="offenceSubcategory" value="murder"/>for the wilful murder of
<persName id="t18760626-name-124" type="victimName">
<interp inst="t18760626-name-124" type="gender" value="female"/>
<interp inst="t18760626-name-124" type="surname" value="MILLIGAN"/>
<interp inst="t18760626-name-124" type="given" value="SUSAN"/>
<join result="offenceVictim" targOrder="Y" targets="t18760626-254-offence-1 t18760626-name-124"/>Susan Milligan</persName>, he was also charged upon the Coroner's inquisition with the like offence.</rs> </p>
<hi rend="smallCaps">MESSRS. POLAND</hi>
<hi rend="italic">and</hi> F. H.
<hi rend="smallCaps">LEWIS</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MESSRS. MOODY</hi>
<hi rend="italic">and</hi>
<hi rend="smallCaps">MEAD</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760626-name-125" type="witnessName">
<interp inst="t18760626-name-125" type="gender" value="male"/>
<interp inst="t18760626-name-125" type="surname" value="MILLIGAN"/>
<interp inst="t18760626-name-125" type="given" value="JOHN HENRY"/>JOHN HENRY MILLIGAN</persName> </hi>. The prisoner is my father—on 11th May I was living with him and my mother at 26 Redhill Street, Regent's Park, my two sisters and a little brother, we were all living in the same room, a kitchen—my mother's name was Susan Milligan., she was 36 years of age—I shall 15 in August, my sisters are 7 and 5 and my little brother 2—my father was a coal porter in St. Pancras Road, my mother kept a mangle—I was employed at a chemists; on 11th May I left home to go to my work about 2 o'clock in the afternoon—my mother was at home and appeared to be in her usual state of health—I returned home about 10 o'clock in the evening, my mother was standing in a corner of the room and ray father was standing close alongside of her, undressed, he had only his shirt on; my mother was dressed, father was not sober, mother was—they were having words with one another, I don't know what about—I shortly afterwards left the room and two or three minutes afterwards I went to a window which looked into the kitchen: I heard my father swearing very much, calling mother names and I saw him kick my mother in the stomach—he had no boots on; mother was standing at the time and had her hand on the end of the mangle and she sat down on the end of the mangle directly after—I afterwards went into the room, my mother seemed in great pain, she was cry
<lb/>ing and my little sister was by the side of her—my father was about in the middle of the room, not in bed—mother said he was no man to kick a woman in the manner that he did—he said "Confound you will your hold your noise" mother said "No," on that he threw a basin at her, it struck her on the forehead—these (
<hi rend="italic">produced</hi>) are the pieces of the basin, it is a slop basin; her forehead bled very much—he threatened to throw a loaf at her which was on the table—at the time the basin was thrown my mother was still sitting on the mangle—after this father got in to bed; my mother sent me to fetch a lodger, Mrs. Bayliss, father said he would not have anybody brought in the room—after that I went to bed—I left my mother on the mangle still dressed—I did not see her on the floor at any time; she told me to go to bed—I awoke about 7.15 in the morning I found that my father had left the room—mother was lying on the bed dressed as she had been the night before—she spoke to me, she seemed to be ill—I then left to go to my work—I was fetched from my work about</p>
<xptr type="pageFacsimile" doc="187606260041"/>
<p>12 o'clock, I had to go to Albany Street police-court, and from there to where my father works and then back again to Albany Street—I got home again about 4.30 p.m., and then found that my mother was dead.</p>
<hi rend="italic">Cross-examined.</hi> The room in which we lived was an underground room, it looked into an area which was covered with a railing level with the pave
<lb/>ment—there are two windows to the room, they only come up a few inches above the railings—I had not to stoop down to look into the room, I was out in the street and could see straight through to the other side of the room—there was a light in the room—one of the windows had upright railings before it—I looked through the other with the flat railing; it is a corner house—there was usually a blind to the window, but not at that time, it was down, so that I could see through—when I returned at 10 o'clock my sisters and brother were in bed—the room had the ordinary furniture, table, chairs, bed, and fire-irons, and cooking things—the mangle was a large one and took up a good space there were two iron bedsteads, one a large one in' which my father and my mother slept with the girls, and a small one where I and my little brother slept; there are two doors, one into the passage and one into the area, you go up steps from the area into the street—I went to sleep in about five minutes after I went to bed—I had to go over the way to put up some shutters first—father and mother had quarrelled before this at times; once he left the house in consequence of a quarrel and passed the night in the street—my mother worked hard at the mangle; she sometimes took a little drop of beer, not very much, not spirits; at Christmas time, I think, I did see her have too much—at Easter or Whitsuntide she very likely took a little—father had to leave for his work early in the morning—some
<lb/>times on pay nights he might take a little too much—he worked regularly—he did not bring his money home regularly to his wife—I was standing in. the gutter when I was looking through the window—my mother's side was towards me, she was standing at the end of the mangle—they were not in the same positions when I came back as when I went away—I never saw my father's face scratched at any of the quarrels or his whiskers pulled—I did not not notice whether his whiskers were pulled on this night—my mother was sitting on the mangle when I came back, not when my father kicked her; she stood up when he came towards her and he kicked, her, she did not move towards him, she did not go above half a foot nearer; she looked as if she got up to avoid him—she was sitting down when the basin was thrown; father was standing in the same position as before—I went off to sleep and heard nothing more till I awoke about 7 o'clock—I did not go for any doctor or lodger.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-126" type="witnessName">
<interp inst="t18760626-name-126" type="gender" value="male"/>
<interp inst="t18760626-name-126" type="surname" value="TRAILL"/>
<interp inst="t18760626-name-126" type="given" value="MARK WINDYER"/>MARK WINDYER TRAILL</persName> </hi>. I am a M.R.C.S., and obstetric assistant at University College Hospital—on Friday, 12th May, I was sent for a few minutes before 11 o'clock—Mr. Broster sent for me—I went at once to 26, Redhill Street,—I got there a few minutes after 11 o'clock—Mr. Broster was there—I went into a room downstairs and there saw Susan Milligan lying on the bed, dressed—the police were there and some women—the pri
<lb/>soner was not there—I examined the woman, she was faint from loss of blood and was losing a little then; she was conscious, the pulse was very weak—I examined the womb, she was in labour and bleeding a little—I attended to her and stopped the bleeding by rupturing the membranes—I gave her a stimulant—I stayed with her a little over an hour and then left Mr. Broster in charge of the case—she was very low, but I considered her in a fit state to be left, or I would not have left her; she was not in danger</p>
<xptr type="pageFacsimile" doc="187606260042"/>
<p>at that time—she had a cut on the forehead above the right eye which might have been caused by a basin—there was a great deal of blood underneath the bed and in the bed, it had gone through the bed—there was also dried blood in the corner by the mangle on the floor—a little before 2 o'clock in the afternoon I was sent for again—Mr. Broster was still there—I found the child had then been born—she was conscious, but very weak and faint from loss of blood; she was in danger—Dr. Williams went there with me and he examined the womb; I saw him do so; it was relaxed and she was bleeding from it—she rallied a little, but had a relapse a little after 4 o'clock from fresh bleeding—I was with her when she died, about 4.30—I apprehended danger when I got there the second time with Dr. Williams at 2 o'clock—I took Dr. Williams there in consequence of what I heard—she spoke to me afterwards, she asked to be left alone, to be let die in peace, two or three times—I had not told her that she was in danger—I saw the child, it was born dead, it was about an eight months' child—I made a
<hi rend="italic">post-mortem</hi> exa
<lb/>mination on Sunday 15th—I found the body of the woman well nourished—the cut on the forehead was about three-quarters of an inch in length—there were three or four bruises on the lower limbs below the knees—there were no other external marks—the organs of the body were healthy, very bloodless—I examined the uterus, it had the usual appearance of a woman after labour—the immediate cause of death was loss of blood—a woman eight months gone in the family way kicked in the stomach might bring on pre
<lb/>mature labour and bleeding from the womb before death; I don't say that it would, but external violence is a frequent cause of it—there were no abnormal appearances on the
<hi rend="italic">post-mortem</hi> why this labour should have been premature, nor anything in the appearance of the child.</p>
<hi rend="italic">Cross-examined.</hi> The bruises on the
<hi rend="italic">leg</hi> were slight, and I should think three or four days old; they were in about the middle of the shin, they might have been caused twenty-four hours before my seeing her—the cut on the forehead had been washed, that was all—that injury was not in any way connected with the premature confinement—I found no external bruise in the neighbourhood of the abdomen; I examined with a special view to that—I found no injury to the uterus, or on the muscles—I ruptured the membranes on the first occasion, that was to stop the bleeding, that would lead to the discharge of the waters—there had been no discharge of the waters before that—the discharge of the waters necessarily results in delivery—the consequence of violence to the abdomen of a woman in her advanced state of pregnancy would not be the discharge of the waters; I had never attended her before—abortion is due to disease, fright may cause it, premature confinement does not occur from natural causes—a blow or a fall, or unusual exertion may produce it, as well as a kick; I don't think previous premature confinement caused by fright would render her more liable to it again, it would only show that fright would have more effect on the nervous system—if I had not been informed of the kick I should have asked for the cause of the first bleeding; there was nothing in the appearance of the body to indicate violence; I attribute death to hemorrhage, and I should have inquired into the cause of that.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-127" type="witnessName">
<interp inst="t18760626-name-127" type="gender" value="male"/>
<interp inst="t18760626-name-127" type="surname" value="BROSTER"/>
<interp inst="t18760626-name-127" type="given" value="ARTHUR ERDSWICK"/>ARTHUR ERDSWICK BROSTER</persName> </hi>. I am now house-physician at University College Hospital—on 12th May, I was a student there—about 10.45 that morning in consequence of receiving a maternity order I went to the house of the deceased; I found her lying on the bed partly dressed; she was semi-conscious, about pulseless, and blanched—previous to my arrival she</p>
<xptr type="pageFacsimile" doc="187606260043"/>
<p>had been bleeding from the uterus and the womb to a considerable extent, and the blood was then trickling from the womb—I thought it prudent to send for Dr. Traill, became, and left me in charge—labour was progressing when he left; I gave her stimulants, eggs, and so forth, which restored con
<lb/>sciousness and produced warmth—the child was born dead, about 1 o'clock—the bleeding had ceased before the birth.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-128" type="witnessName">
<interp inst="t18760626-name-128" type="gender" value="male"/>
<interp inst="t18760626-name-128" type="surname" value="WILLIAMS"/>
<interp inst="t18760626-name-128" type="given" value="JOHN"/>JOHN WILLIAMS</persName> </hi>, M.D. I am assistant obstetric physician of University College Hospital—I was sent for to the deceased, I arrived about 2 o'clock after the delivery, I made an examination of the womb—she was then alive and bleeding a little—I could not form any notion of the cause of the bleeding, it was a bleeding into the womb and out of it, that is unusual—hemorrhage accompanying confinement may arise from violence or other causes—I was not present at the
<hi rend="italic">post-mortem</hi>—a kick on the stomach would be sufficient to account for the bleeding and the child being born dead—there was nothing in the child's appearance to account for its death, if was apparently a healthy child.</p>
<hi rend="italic">Cross-examined.</hi> I had never seen the woman before; I say a kick would probably cause the bleeding.</p>
<hi rend="italic">By</hi>
<hi rend="smallCaps">THE COURT</hi>. Supposing a woman to be kicked in that part-1 should not expect to find external marks, bruise or discolouration, because the parts are so soft that they would yield to the kick—a bruise proceeds from extra-vasation of blood—the distention of the part by the foetus would not produce sufficient hardness to give discoloration, because the foetus is surrounded by water.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-129" type="witnessName">
<interp inst="t18760626-name-129" type="gender" value="female"/>
<interp inst="t18760626-name-129" type="surname" value="BAYLISS"/>
<interp inst="t18760626-name-129" type="given" value="ELIZABETH"/>ELIZABETH BAYLISS</persName> </hi>. I am the wife of Thomas Bayliss, and live at 26, Red Hill Street, on the second floor the Milligans lived on the ground-floor—they had lived there nearly twelve months—on Thursday evening, 11th May, about 8 o'clock or 8.30, I saw Mrs. Milligan in the washhouse, she was in and out talking to me all the afternoon—I knew she was pregnant—and had arranged to attend her in her confinement—I saw nothing of her during the night after 8 o'clock—next morning I sent down two sheets to be mangled, her little girl came up for me twice; I went down about 9 o'clock or 9.15, I found her lying on her side on the bed, her face was covered with dried blood—I asked if she wanted me; she did not answer—I touched her and said "It is me Mrs. Milligan"—she said "I am dying." (The Court
<hi rend="italic">was of opinion that this would not be sufficient to admit, as a dying declaration, any statement made by the deceased; two things must to exist to make it admissable: that she was in a dying state, and that she made the statement under the full belief that she was in a dying state, so as to give it the sanction of an oath</hi>). She put her hand across her stomach; I did not examine it.</p>
<hi rend="italic">Cross-examined.</hi> I have seen the deceased take a glass or two-of beer, but I never saw her actually drunk, not incapably so—the prisoner and I had a few words on one occasion; I once interfered when he was illusing her—when she said "I am dying"—she said "Get me vinegar, get me brandy"—she afterwards said "Lord have mercy on me, I have been wicked, let me die in peace"—that was about 12 o'clock.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-130" type="witnessName">
<interp inst="t18760626-name-130" type="gender" value="female"/>
<interp inst="t18760626-name-130" type="surname" value="ATKINS"/>
<interp inst="t18760626-name-130" type="given" value="MARION"/>MARION ATKINS</persName> </hi>. I am the wife of James Atkins, a boatman—I lived in the same house as the deceased—about 10 o'clock on the evening of 11th May—I had occasion to go downstairs for a can of water, and I heard words between the prisoner and his wife—he said "You b——, if you don't hold your noise, I will murder you," and he said he would never sleep with her any more—I did not hear her speak, she was crying for help—I was not</p>
<xptr type="pageFacsimile" doc="187606260044"/>
<p>downstairs two minutes, I beard words all that time—I then went upstairs—the boy was outside at that time.</p>
<hi rend="italic">Cross-examined.</hi> I saw him outside, I looked out of the top room window when I got upstairs again—my husband was not in, my mother was with me—I did not attach much importance to the language I heard, I knew they quarrelled—I once saw the prisoner go out after a quarrel, and he re
<lb/>mained out all night—the deceased sometimes used rather bad language; I never heard her call him names, I never stayed to listen.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-131" type="witnessName">
<interp inst="t18760626-name-131" type="gender" value="male"/>
<interp inst="t18760626-name-131" type="surname" value="PHILP"/>
<interp inst="t18760626-name-131" type="given" value="WILLIAM"/>WILLIAM PHILP</persName> </hi> (
<hi rend="italic">Detective</hi>). I was sent for, I ultimately went to 14 Arch, Old St. Pancras Road, where the prisoner worked, about 4 p.m. on 12th May—I had a warrant, which I read to him—I also told him that his son son had stated that he kicked his mother, and I cautioned him that what
<lb/>ever he said I should use in evidence against him—he said "I was at home in bed last night, and about 10.30 she came home drunk, and was carrying on at me. I said 'Will you hold your tongue, you b——?' She said 'I shan't.' I picked up a basin and threw it at her; it cut her forehead, but I did not kick her."</p>
<p>J. H.
<hi rend="smallCaps">MILLIGAN</hi> (
<hi rend="italic">re-examined</hi>). The kick which my father gave loked like a hard kick; it seemed as if it went with very good force (
<hi rend="italic">the witness de
<lb/>scribed it</hi>)—I had not been looking at them above two minutes before I saw it—mother had not attempted to strike him, or throw anything at him—words were passing between them; I could not hear what they were.</p>
<hi rend="italic">Witness for the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760626-name-132" type="witnessName">
<interp inst="t18760626-name-132" type="gender" value="female"/>
<interp inst="t18760626-name-132" type="surname" value="HAWKINS"/>
<interp inst="t18760626-name-132" type="given" value="ELIZABETH"/>ELIZABETH HAWKINS</persName> </hi>. I am married, and live in Stanhope Street, Hamp
<lb/>stead Road—I had known the deceased about six and a half years—I attended her as nurse in her confinements with her last four children, and I likewise delivered her of one dead child—I attended her the whole time; they were very bad confinements, always a hæmorrhage before birth and after, with each child; a flooding—one was a premature confinement with a seven months' child—that was not the last before this; it was the second I nursed her with, about four years back—I am not only a nurse, but a midwife—each of the confinements was accompanied with flooding—I was with her this last time, and never left her bedside till she was dead—the prisoner has always been kind to her, and the first thing he did when he came home was to give her his money—he was always very good, as far as I know, to every
<lb/>body—that was the reputation he has borne among his fellow-workmen and friends.</p>
<hi rend="italic">Cross-examined.</hi> I was in the habit of visiting her—I have seen him the worse for liquor, not frequently, several times—he was never violent to her in my presence, either when in drink or not—I heard of her jaw being injured; I did not see it, it was never broken—I heard that she had a hit in the mouth, not by him; I don't know how she got it—she fell down the steps; I was then present, and was helping her up with a basket of mangling things—I don't know that she was injured then—I never heard that her jaw was broken, and I don't believe it was; it was not very bad—she could eat very well afterwards—when she fell on the steps she said she had hurt her face, her jaw, or her mouth, rather—she was not taken to the hospital about the jaw, that I heard—the prisoner and she did not constantly quarrel, they would have words at times—a surgeon attended her in each of her confinements after they were over—I was present at the birth of this last child; I had been engaged for months before, and she would never have anyone else if she could have me—I have not had children of my own—</p>
<xptr type="pageFacsimile" doc="187606260045"/>
<p>she was always complaining about her husband; she has complained to me of his ill-usage, not in his presence, no more than she has said to him "You would like to murder me, would you not?"—she has said that many times—she was a very aggravating woman when she has had anything to drink—I have seen her throw a paraffin lamp at him, and a knife and a plate, and he has come and asked me to go in and keep her quiet—I never saw him with marks of violence on his face; I have seen her use acts of violence to him, about three weeks before this occurrence.</p>
<hi rend="italic">The prisoner received a good character.</hi> </p>
<rs id="t18760626-254-verdict-1" type="verdictDescription">
<interp inst="t18760626-254-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760626-254-verdict-1" type="verdictSubcategory" value="manslaughter"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of manslaughter</hi> </rs>
<hi rend="italic">
<rs id="t18760626-254-punishment-21" type="punishmentDescription">
<interp inst="t18760626-254-punishment-21" type="punishmentCategory" value="imprison"/>
<interp inst="t18760626-254-punishment-21" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-254-18760626 t18760626-254-punishment-21"/>Fifteen Years' Penal Servitude.</rs> </hi> </p> </div1>
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<persName id="def1-255-18760626" type="defendantName">
<interp inst="def1-255-18760626" type="gender" value="male"/>
<interp inst="def1-255-18760626" type="age" value="47"/>
<interp inst="def1-255-18760626" type="surname" value="SMITH"/>
<interp inst="def1-255-18760626" type="given" value="SAMUEL"/>
<hi rend="largeCaps">SAMUEL SMITH</hi> (47)</persName>
<rs id="t18760626-255-offence-1" type="offenceDescription">
<interp inst="t18760626-255-offence-1" type="offenceCategory" value="breakingPeace"/>
<interp inst="t18760626-255-offence-1" type="offenceSubcategory" value="wounding"/>, Feloniously wounding
<persName id="t18760626-name-134" type="victimName">
<interp inst="t18760626-name-134" type="gender" value="male"/>
<interp inst="t18760626-name-134" type="surname" value="BULLAMORE"/>
<interp inst="t18760626-name-134" type="given" value="JOHN"/>
<join result="offenceVictim" targOrder="Y" targets="t18760626-255-offence-1 t18760626-name-134"/>John Bullamore</persName>, with intent to murder.
<hi rend="italic">Second Count</hi>—with intent to do grievous-bodily harm.</rs> </p>
<hi rend="smallCaps">MESSRS. POLAND</hi>
<hi rend="italic">and</hi> J. F.
<hi rend="smallCaps">CLERK</hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760626-name-135" type="witnessName">
<interp inst="t18760626-name-135" type="gender" value="male"/>
<interp inst="t18760626-name-135" type="surname" value="BULLAMORE"/>
<interp inst="t18760626-name-135" type="given" value="JOHN"/>JOHN BULLAMORE</persName> </hi> (
<hi rend="italic">Policeman Y</hi> 359). On Friday morning, 28th April, about 1.30, I was on duty in Dickenson's Lane, Crouch Hill, in uniform—I heard a noise, as if a door was broken open, proceeding from a hay shed at the bottom of a field belonging to Holland House, Mr. Underhay's, and I saw a light proceeding from the same place—I went to see what it was, I had to leave the road and go across a field to the shed—I saw the shed door standing a little way open, I opened it and looked in, and turned my light on to the prisoner—I found him crouched up in a corner—I asked what he was doing there—he said "I have only got here out of the rain," that he did not know where to go to—I told him he had no right there, it was private property, and he would have to go to Highgate police-station with me—he began to cry and said he hoped I should not take him there—he came out of the place as far as an iron fence, Be tried to get over that, I told him there was a gate close by and he had no occasion to get over the fence—he said "I tell you I am going over here;" he tried to get hold of my throat, I had hold of him—he then got hold of my whiskers and held me tight; he then slipped his that and his coat off that he had got tied on the top of his other coat* and started off running away, leaving them behind; I followed him up the field and overtook him, he then turned Sharp round and went back to the fence again, in going over the hedge I caught him by the leg and struck him on the leg with my truncheon—I did that to detain him—he drew his leg from me and fell head foremost—I'had hold of him and had a struggle with him—he got over the hedge and struck me on the head with a short ladder that was there—I got over the hedge after him and there we had a struggle on the' ground, I got' him on the ground, we had a long struggle—I then asked him if he would go quietly—he said yes, if I would let him get up—I let him get up and he then caught hold of me, first by the privates, and tried to kick me after, and then I hit him on the head with my truncheon, and then asked him if he would go quietly—he said no, he was not going to lose all that blood for nothing—he was bleeding a little—with that he took out his pocket knife and stabbed me three times—I did not see the knife; he stabbed me once in the neck, just over the bone, once on the left arm, just in the thickness of the arm, and once on the right side of the head—those stabs wounded me through my clothes—the prisoner had got hold of one end of my truncheon and he took it away—I was obliged to release him after he had stabbed me, because I felt the blood running down and I was getting weak</p>
<xptr type="pageFacsimile" doc="187606260046"/>
<p>from loss of blood—he walked away, taking ray truncheon with him—I walked to the Crouch End Railway Station, and there saw two constables, who assisted me to Highgate police-station—the inspector at once sent for Dr. Forshall, who came and examined my wounds—I was taken in a carriage to the hospital, where I have been six weeks all but two days—the prisoner was brought to the hospital the same morning—I am sure he is the man—the inspector examined my clothes—I did not feel more than three stabs—I was scratched a good bit about the face.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-136" type="witnessName">
<interp inst="t18760626-name-136" type="gender" value="male"/>
<interp inst="t18760626-name-136" type="surname" value="FORSHALL"/>
<interp inst="t18760626-name-136" type="given" value="FRANCIS HYDE"/>DR. FRANCIS HYDE FORSHALL</persName> </hi>. I am divisional surgeon of the police at Highgate—on the 28th April, between 2 and 3 o'clock in the morning, I was called by a constable to Highgate police station to see Bullamore—he was faint and pulseless and soaked in blood from his neck down to his hips—I found three wounds—on removing his underclothing I found a large mass of clotted blood in front of the chest and abdomen—the hemorrhage proceeded from three wounds, one on the right aide of the head about three-quarters of an inch long, dividing the scalp and going down to the bone, that was not dangerous in itself, if erysipelas had intervened it would have been serious—the second wound was on the left upper arm, at the back part, a little above the elbow; that was not in itself serious—the third wound was in the neck, at the junction of the sternum and clavicle, on the right side, immediately over the caroted artery and the jugular vein; that was very serious and in a most dangerous vicinity, it possibly touched the artery—he was faint, his head could not be raised for some time—there was an enormous quantity of blood—I afterwards took him to St. Bartho
<lb/>lomew's Hospital—he was too weak to be taken that night; I left him in charge of the surgeon at the hospital—I then went with Sergeant Hughes to the spot where this occurred in front of the hen-house or shed I found this large screw driver (
<hi rend="italic">produced</hi>); on the grass close by I found a piece of cloth, which Sergeant Hughes picked up, it was just on the opposite of the hen-house, where there was a gap and where there was a ladder lying; on the further side of the hedge from the lane beyond where the ladder was and where the grass showed signs of a struggle—the door of the hen-house had been forced and a portion of the wood was lying on the ground—I tried the screw driver with it—I afterwards went to the Holloway police-station and there found the prisoner in custody—I examined him—he was bleeding from a wound in the head, he had very severe bruises on the back part of the arm and elbow and upper arm, there was also a bruise on the leg and on the forehead, blood was running down his face—the bruises were all freshly inflicted, and they corresponded with the injuries which the constable previously told me he had inflicted on the prisoner—I was present at the first examination of the prisoner before the Magistrate—I then examined his thumb—there were wounds at the base of the thumb, such as might have been inflicted by teeth—the prisoner asked me if they were not like bites; I said they were—I gave the piece of cloth to Detective Webb.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-137" type="witnessName">
<interp inst="t18760626-name-137" type="gender" value="male"/>
<interp inst="t18760626-name-137" type="surname" value="HEAD"/>
<interp inst="t18760626-name-137" type="given" value="GEORGE"/>GEORGE HEAD</persName> </hi> (
<hi rend="italic">Policeman Y</hi> 337). On Friday morning, 28th August, I was on duty in Annette Road, Holloway, about 6.5.—I saw the prisoner walking quickly down the road without a hat—I followed and stopped him, and told him I should take him into custody—he asked what for—I said he must go to the station to give an account of how he came to be in that state; he had cuts on his head—he said he was drunk the night before and got fighting, and had been kicked—I took him to the station and the</p>
<xptr type="pageFacsimile" doc="187606260047"/>
<p>surgeon examined him—I saw him searched, and a bunch of keys and two door keys were found on him—I afterwards took him to St. Bartholomew Hospital, he was there shown-to Bullamore, and he said "That is the man, I am quite sure."</p>
<hi rend="smallCaps">
<persName id="t18760626-name-138" type="witnessName">
<interp inst="t18760626-name-138" type="gender" value="male"/>
<interp inst="t18760626-name-138" type="surname" value="WEBB"/>
<interp inst="t18760626-name-138" type="given" value="HENRY"/>HENRY WEBB</persName> </hi> (
<hi rend="italic">Detective Officer</hi>). On the morning of the 28th August, I was at the Holloway police-station, Dr. Forshall then gave me this piece of black cloth, I compared that with the prisoner's trousers, and it exactly corresponded with a torn part on the right leg—I told the prisoner there was a constable in St. Barthalomew Hospital who had been stabbed, and I should take him to the hospital to the constable, and if he was identified by him he would be charged with stabbing him—he-made no answer—I took him to the hospital, and the constable identified him—I asked him if he had any doubt—he said "No, not the slightest."</p>
<hi rend="smallCaps">
<persName id="t18760626-name-139" type="witnessName">
<interp inst="t18760626-name-139" type="gender" value="male"/>
<interp inst="t18760626-name-139" type="surname" value="MCCONNELL"/>
<interp inst="t18760626-name-139" type="given" value="JAMES"/>JAMES MCCONNELL</persName> </hi> (
<hi rend="italic">Police Inspector Y</hi>). About 2.30 on Friday night, 28th April I was on duty at the Highgate police-station when Bullamore was brought in by two other constables—I examined his clothes; there were ten cuts in his cape, such as would be done by a sharp pointed-knife; six in his great coat, two in the right breast, one in the left; one in the left arm near the elbow, and one on the left shoulder blade; in the under coat I found four cuts, two on the right breast, one on the left shoulder, one on the left arm and one in the left breast; his clothing was satursted with blood.</p>
<hi rend="italic">Prisoner's Defence</hi>. I leave myself to the mercy of the Court. I can't say anything. I have been been twenty-five years in 'Her Majesty's service, and have a good conduct medal.</p>
<rs id="t18760626-255-verdict-1" type="verdictDescription">
<interp inst="t18760626-255-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760626-255-verdict-1" type="verdictSubcategory" value="no_subcategory"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">on Second Count</hi> </rs>
<hi rend="italic">
<rs id="t18760626-255-punishment-22" type="punishmentDescription">
<interp inst="t18760626-255-punishment-22" type="punishmentCategory" value="imprison"/>
<interp inst="t18760626-255-punishment-22" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-255-18760626 t18760626-255-punishment-22"/>Ten Years' Penal Servitude:</rs> </hi> </p> </div1>
<hi rend="largeCaps">NEW COURT</hi>.—
<hi rend="italic">Wednesday; June</hi> 28
<hi rend="italic">th</hi>, 1876.</p>
<hi rend="italic">Before Mr. Recorder.</hi> </p>
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<persName id="def1-256-18760626" type="defendantName">
<interp inst="def1-256-18760626" type="gender" value="male"/>
<interp inst="def1-256-18760626" type="age" value="19"/>
<interp inst="def1-256-18760626" type="surname" value="CURTIS"/>
<interp inst="def1-256-18760626" type="given" value="WILLIAM"/>
<hi rend="largeCaps">WILLIAM CURTIS</hi> (19)</persName>,
<hi rend="smallCaps">
<rs id="t18760626-256-verdict-1" type="verdictDescription">
<interp inst="t18760626-256-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760626-256-verdict-1" type="verdictSubcategory" value="pleadedGuilty"/>PLEADED GUILTY</rs> </hi>
<rs id="t18760626-256-offence-1" type="offenceDescription">
<interp inst="t18760626-256-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760626-256-offence-1" type="offenceSubcategory" value="burglary"/>to burglariously break
<lb/>ing and entering the dwelling-house of
<persName id="t18760626-name-141" type="victimName">
<interp inst="t18760626-name-141" type="gender" value="female"/>
<interp inst="t18760626-name-141" type="surname" value="OSBORNE"/>
<interp inst="t18760626-name-141" type="given" value="SARAH"/>
<join result="offenceVictim" targOrder="Y" targets="t18760626-256-offence-1 t18760626-name-141"/>Sarah Osborne</persName>, and stealing therein shirts, petticoats and other articles, her property—</rs>
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<interp inst="t18760626-256-punishment-23" type="punishmentCategory" value="imprison"/>
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<join result="defendantPunishment" targOrder="Y" targets="def1-256-18760626 t18760626-256-punishment-23"/>
<hi rend="italic">Twelve Months' Im
<lb/>prisonment.</hi> </rs> </p> </div1>
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<interp inst="t18760626-257" type="date" value="18760626"/>
<join result="criminalCharge" id="t18760626-257-charge-1" targOrder="Y" targets="def1-257-18760626 t18760626-257-offence-1 t18760626-257-verdict-1"/>
<persName id="def1-257-18760626" type="defendantName">
<interp inst="def1-257-18760626" type="gender" value="male"/>
<interp inst="def1-257-18760626" type="age" value="25"/>
<interp inst="def1-257-18760626" type="surname" value="WEBSTER"/>
<interp inst="def1-257-18760626" type="given" value="RICHARD"/>
<hi rend="largeCaps">RICHARD WEBSTER</hi> (25)</persName>
<rs id="t18760626-257-offence-1" type="offenceDescription">
<interp inst="t18760626-257-offence-1" type="offenceCategory" value="violentTheft"/>
<interp inst="t18760626-257-offence-1" type="offenceSubcategory" value="robbery"/>, Robbery on
<persName id="t18760626-name-143" type="victimName">
<interp inst="t18760626-name-143" type="gender" value="male"/>
<interp inst="t18760626-name-143" type="surname" value="MAYNARD"/>
<interp inst="t18760626-name-143" type="given" value="EDWARD"/>
<join result="offenceVictim" targOrder="Y" targets="t18760626-257-offence-1 t18760626-name-143"/>Edward Maynard</persName>, and stealing from his person 19
<hi rend="italic">s</hi>. his money.</rs> </p>
<hi rend="smallCaps">
<persName id="t18760626-name-144" type="witnessName">
<interp inst="t18760626-name-144" type="gender" value="male"/>
<interp inst="t18760626-name-144" type="surname" value="MICHELE"/>
<interp inst="t18760626-name-144" type="given" value="DE"/>MR. DE MICHELE</persName> </hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760626-name-145" type="witnessName">
<interp inst="t18760626-name-145" type="gender" value="male"/>
<interp inst="t18760626-name-145" type="surname" value="MAYNARD"/>
<interp inst="t18760626-name-145" type="given" value="EDWARD"/>EDWARD MAYNARD</persName> </hi>. I am-a-mason of 116, Cotton-street—on 29th April I was at a coffee-stall in Whitechapel, I unbuttoned my coat and took 20
<hi rend="italic">s</hi>. in silver from my pocket to find a penny—I put it back again, and five or six persons round me began to blackguard me—one of them hit at me, and the prisoner came behind me took my money out of my pocket and kicked me on my ankle—they all ran away—I went after them as well as I could, and saw the prisoner with a policeman; he pointed at me and the police
<lb/>man released him and caught hold of me—he was running off again and another policeman stopped him—he dropped some money out of-his hand, some of which went on the pavement and some down a grating, which was obtained the next morning—my head was cut open by stick or a stone, and I was all over blood and was kicked about the shins.</p>
<hi rend="italic">Cross-examined by the Prisoner</hi>. I can swear that you are the party who took my money and kicked my ankle—I fought with five-or six—nobody picked me up but myself—you did not wipe my eye and tell me to give over.</p>
<xptr type="pageFacsimile" doc="187606260048"/>
<hi rend="smallCaps">
<persName id="t18760626-name-146" type="witnessName">
<interp inst="t18760626-name-146" type="gender" value="male"/>
<interp inst="t18760626-name-146" type="surname" value="BUNYAN"/>
<interp inst="t18760626-name-146" type="given" value="JOHN"/>JOHN BUNYAN</persName> </hi> (
<hi rend="italic">Policeman H</hi> 29). Just after midnight on Sunday I heard cries in Commercial Road, Whitechapel, and saw the prisoner run
<lb/>ning with several others—I said "What have you been up to"—he said "Nothing, you have got the wrong man"—Maynard then came running past without a hat, and his coat unbuttoned, and the prisoner said "That is the man you want"—I released the prisoner and followed the prosecutor but some one sang out that I had the right one—the prisoner was stopped by Sergeant Purchase, and the prosecutor came up and said "I shall give that man in custody for stealing 18
<hi rend="italic">s</hi>. from my trousers pocket—I asked the prisoner what he had in his hand, he said "Nothing"—I endeavoured to open his hand and felt money in it, which he threw away—I afterwards picked up 5
<hi rend="italic">s</hi>. 6
<hi rend="italic">d</hi>.—he was very violent and I had to draw my truncheon to deter him from using violence.</p>
<hi rend="italic">Cross-examined.</hi> I took nobody in custody afterwards, but another con
<lb/>stable did and he was discharged as there was not sufficient evidence against him—Maynard was perfectly sober.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-147" type="witnessName">
<interp inst="t18760626-name-147" type="gender" value="male"/>
<interp inst="t18760626-name-147" type="surname" value="MITCHELL"/>
<interp inst="t18760626-name-147" type="given" value="ROBERT"/>ROBERT MITCHELL</persName> </hi>. I am a tailor, of 4, Little Compton Street, Soho—on 19th April I was at this coffee-stall and saw Maynard there, he took out some money and a fight commenced, but the one it commenced with got off—the prisoner fell on Maynard, and I said "Don't kill the man, pick him up"—I saw the prisoner's hand come out of Maynard pocket, he ran away as hard as he could, and I followed—a constable caught him and let him go—I still followed him—the sergeant caught him and I heard the money fall from his hand—the mob was so great that the policeman had to draw his truncheon.</p>
<hi rend="italic">The Prisoner in his defence stated that the prosecutor was fighting and was knocked down, and that he picked him up and wiped his eyes with his hand
<lb/>kerchief, but that he would fight and was knocked down a second time and a third time, and was picked up by two men who ran away; that he followed Hum and was taken in custody, and that the money he had was his own which fell when the policeman pulled his hand from his pocket:</hi> </p>
<rs id="t18760626-257-verdict-1" type="verdictDescription">
<interp inst="t18760626-257-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760626-257-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of the robbery, but without violence**</hi> </rs>
<hi rend="italic">
<rs id="t18760626-257-punishment-24" type="punishmentDescription">
<interp inst="t18760626-257-punishment-24" type="punishmentCategory" value="imprison"/>
<interp inst="t18760626-257-punishment-24" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-257-18760626 t18760626-257-punishment-24"/>Eighteen Months' Im
<lb/>prisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18760626-258">
<interp inst="t18760626-258" type="uri" value="sessionsPapers/18760626"/>
<interp inst="t18760626-258" type="date" value="18760626"/>
<join result="criminalCharge" id="t18760626-258-charge-1" targOrder="Y" targets="def1-258-18760626 t18760626-258-offence-1 t18760626-258-verdict-1"/>
<persName id="def1-258-18760626" type="defendantName">
<interp inst="def1-258-18760626" type="gender" value="male"/>
<interp inst="def1-258-18760626" type="age" value="35"/>
<interp inst="def1-258-18760626" type="surname" value="DUNDAS"/>
<interp inst="def1-258-18760626" type="given" value="CHARLES"/>
<hi rend="largeCaps">CHARLES DUNDAS</hi> (35)</persName>
<rs id="t18760626-258-offence-1" type="offenceDescription">
<interp inst="t18760626-258-offence-1" type="offenceCategory" value="deception"/>
<interp inst="t18760626-258-offence-1" type="offenceSubcategory" value="forgery"/>, Feloniously forging and uttering an order for 25
<hi rend="italic">l</hi>. with intent to defraud.</rs> </p>
<hi rend="smallCaps">
<persName id="t18760626-name-149" type="witnessName">
<interp inst="t18760626-name-149" type="gender" value="male"/>
<interp inst="t18760626-name-149" type="surname" value="WILLIAMS"/>
<interp inst="t18760626-name-149" type="given" value="MONTAGU"/>MR. MONTAGU WILLIAMS</persName> </hi>
<hi rend="italic">conducted the Prosecution.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760626-name-150" type="witnessName">
<interp inst="t18760626-name-150" type="gender" value="male"/>
<interp inst="t18760626-name-150" type="surname" value="DAWE"/>
<interp inst="t18760626-name-150" type="given" value="JOSEPH"/>JOSEPH DAWE</persName> </hi>. I am manager to William Izzard and another, of 46, East
<lb/>cheap—the prisoner entered the service on 22nd May, for a fortnight's trial—on 1st June, between 2 and 3 o'clock he asked me to let the lad go to the London and County Bank and cash a cheque for 25
<hi rend="italic">l</hi>. which he produced—he had previously asked me to lend him 2
<hi rend="italic">l</hi>.—this is the cheque. (
<hi rend="italic">This was for</hi> 25
<hi rend="italic">l</hi>.,
<hi rend="italic">in favour of Thomas Dundee, and was signed John Masterman</hi>.) I called his attention to the front of it not being endorsed and he wrote on it "Charles Dundas" in my presence—I sent the lad to the bank and the prisoner left the office half an hour afterwards and did not return—the lad then came back and made a communication to me; I went to a drawer in the sale where the cheque-books were kept and missed a cheque-book marked B, all the cheques in which were marked S. 16,996—three cheques are missing from this cheque-book (
<hi rend="italic">produced</hi>) so numbered—the prisoner did not come again till Saturday the 3rd, when he asked me if his salary had been drawn; I had sent for a policeman—he then asked me about the 2
<hi rend="italic">l</hi>. I had lent him</p>
<xptr type="pageFacsimile" doc="187606260049"/>
<p>and said "I have a 5
<hi rend="italic">l</hi>. note in my pocket I will pay you back"—I said "Very well give it to me"—he hesitated and said "Are there any little matters in the office I can clear up before I leave"—I said "No"—he seemed fidgetty and I said "Well come and have a glass of wine"—we went and while having it he said "How about the 25
<hi rend="italic">l</hi>. cheque"—I said "There seems to bo something wrong about that, the bankers have not cashed it"—he said "Where is it"—I said upstairs in the drawer—he said "You can bring it to me," giving the name of another firm where he said he-had got a situation—we then walked towards Seething Lane police-station where I charged him with stealing a cheque belonging to Mr. Izzard—I saw the missing cheque-book found in his pocket and in his pooket-book this cheque for 10
<hi rend="italic">l</hi>., purporting to be signed by Izzard & Betts—this is not the signa
<lb/>ture of the firm; I asked him where he got the 25
<hi rend="italic">l</hi>. cheque, he said from a publican who was in business within a quarter of a mile—I asked him to take me there, but he made no reply—the inspector asked him who the publican was, but he gave no name.</p>
<hi rend="italic">Cross-examined by the Prisoner</hi>. The cheque-book belongs to George Bryant's estate—there are about nine cheque-books in the office—I do not know when the last meeting of Bryant's creditors was—I think you-told me when you left that you were going to lunch—you did not benefit by the cheque.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-151" type="witnessName">
<interp inst="t18760626-name-151" type="gender" value="male"/>
<interp inst="t18760626-name-151" type="surname" value="YATES"/>
<interp inst="t18760626-name-151" type="given" value="HENRY DENNIS"/>HENRY DENNIS YATES</persName> </hi>. I am a clerk to the prosecutor—on 1st June, tie prisoner sent me to the bank, between 2 and 3 o'clock; with this cheque for 25
<hi rend="italic">l</hi>.—I presented it, and in consequence of what the manager said I went back and made a communication to Mr. Dawe.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-152" type="witnessName">
<interp inst="t18760626-name-152" type="gender" value="male"/>
<interp inst="t18760626-name-152" type="surname" value="BAYLIS"/>
<interp inst="t18760626-name-152" type="given" value="HERBERT FREDERICK"/>HERBERT FREDERICK BAYLIS</persName> </hi>. I am clerk in the London and County Bank, Henrietta Street, Covent Garden—this cheque-book B was issued to Mr. Izzard, of the firm of Izzard & Betts—this cheque signed "John Masterman" was presented and refused, as Masterman had no account there.</p>
<hi rend="italic">Cross-examined.</hi> It is a very uncommon thing for persons to draw cheques out of other person's books, if they had not their own with them, but I have known instances.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-153" type="witnessName">
<interp inst="t18760626-name-153" type="gender" value="male"/>
<interp inst="t18760626-name-153" type="surname" value="IZZARD"/>
<interp inst="t18760626-name-153" type="given" value="WILLIAM"/>WILLIAM IZZARD</persName> </hi>. I am a partner in the firm of Izzard & Betts, 46, East
<lb/>cheap—the prisoner applied to me in May, for a situation, he gave me references, I wrote to them, received answers and took him on trial—if he suited his salary was to be 200
<hi rend="italic">l</hi>. a year—this cheque for 10
<hi rend="italic">l</hi>. is not signed by me or my partner—the prisoner had no authority to take any cheques—I have heard of a Mr. Masterman since this.</p>
<hi rend="italic">Cross-examined.</hi> You came for a fortnight on trial, not for a month—the fortnight was up when you left.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-154" type="witnessName">
<interp inst="t18760626-name-154" type="gender" value="male"/>
<interp inst="t18760626-name-154" type="surname" value="BREWER"/>
<interp inst="t18760626-name-154" type="given" value="HENRY"/>HENRY BREWER</persName> </hi> (
<hi rend="italic">City Policeman</hi>). I was sent for to Messrs. Izzard & Betts, about 2 o'clock, the prisoner walked to the station, and I there searched him and found this cheque-book in his pocket, and this cheque in his waistcoat pocket, and this letter addressed to the prisoner "Dear sir,—Will you kindly allow me to draw a cheque for 5
<hi rend="italic">l</hi>. Charles Dundas."</p>
<hi rend="italic">Cross-examined.</hi> I found several other memoranda—I saw Dawe, and you go to a public-house together—I said to him "Do you require me," and I understood him to say "Presently."</p>
<hi rend="italic">Prisoner's Defence</hi>. I received the cheque from the drawer in what I con
<lb/>sidered the most legitimate manner. He is a person I was in the habit of meeting where I took my lunch. He asked me to lend him 4
<hi rend="italic">l</hi>. I said "No, I have only 2
<hi rend="italic">l</hi>." He said "Can you send a messenger to the bank?" I said</p>
<xptr type="pageFacsimile" doc="187606260050"/>
<p>"Yes," and went to Mr. Dawe and asked him to lend me 2
<hi rend="italic">l</hi>. The man wrote a cheque on a plain piece of paper on the London and County Bank. I said "Do you bank there? We have several cheques of the London and County," and I got one. He filled it up, and I asked Mr. Dawe to let the boy go to the bank with it. Had I had any knowledge that the drawer had no account there, I should hare known that it was the act of a lunatic to send the cheque there.</p>
<rs id="t18760626-258-verdict-1" type="verdictDescription">
<interp inst="t18760626-258-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760626-258-verdict-1" type="verdictSubcategory" value="lesserOffence"/>
<hi rend="smallCaps">GUILTY</hi>
<hi rend="italic">of uttering.</hi> </rs>
<hi rend="italic"> He was further charged with a previous conviction at Clerlcenwell in</hi> 1874,
<hi rend="italic">to which he</hi> </p>
<hi rend="smallCaps">PLEADED GUILTY</hi> **—
<hi rend="italic">
<rs id="t18760626-258-punishment-25" type="punishmentDescription">
<interp inst="t18760626-258-punishment-25" type="punishmentCategory" value="imprison"/>
<interp inst="t18760626-258-punishment-25" type="punishmentSubcategory" value="penalServitude"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-258-18760626 t18760626-258-punishment-25"/>Seven Years' Penal Servitude.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18760626-259">
<interp inst="t18760626-259" type="uri" value="sessionsPapers/18760626"/>
<interp inst="t18760626-259" type="date" value="18760626"/>
<join result="criminalCharge" id="t18760626-259-charge-1" targOrder="Y" targets="def1-259-18760626 t18760626-259-offence-1 t18760626-259-verdict-1"/>
<persName id="def1-259-18760626" type="defendantName">
<interp inst="def1-259-18760626" type="gender" value="male"/>
<interp inst="def1-259-18760626" type="age" value="30"/>
<interp inst="def1-259-18760626" type="surname" value="WILLIAMSON"/>
<interp inst="def1-259-18760626" type="given" value="JOHN"/>
<hi rend="largeCaps">JOHN WILLIAMSON</hi> (30)</persName>
<rs id="t18760626-259-offence-1" type="offenceDescription">
<interp inst="t18760626-259-offence-1" type="offenceCategory" value="theft"/>
<interp inst="t18760626-259-offence-1" type="offenceSubcategory" value="animalTheft"/>, Stealing a gelding, the property of
<persName id="t18760626-name-156" type="victimName">
<interp inst="t18760626-name-156" type="gender" value="male"/>
<interp inst="t18760626-name-156" type="surname" value="HIGHTON"/>
<interp inst="t18760626-name-156" type="given" value="EDWARD GILBERT"/>
<join result="offenceVictim" targOrder="Y" targets="t18760626-259-offence-1 t18760626-name-156"/>Edward Gilbert Highton</persName>.</rs> </p>
<hi rend="smallCaps">MR. DICKSON</hi>
<hi rend="italic">conducted the Prosecution; and</hi>
<hi rend="smallCaps">MR. PURCELL</hi>
<hi rend="italic">the Defence.</hi> </p>
<hi rend="smallCaps">
<persName id="t18760626-name-157" type="witnessName">
<interp inst="t18760626-name-157" type="gender" value="male"/>
<interp inst="t18760626-name-157" type="surname" value="HIGHTON"/>
<interp inst="t18760626-name-157" type="given" value="EDWARD GILBERT"/>EDWARD GILBERT HIGHTON</persName> </hi>. I am a barrister, of Bedford Square—on 16th June, in the afternoon, I rode down to the office of "Bell's Weekly Messenger"—I went into Exeter Street, and gave a man, who I believe to be the prisoner, my horse to hold, and told him not to take it out of that part of the street—I was at "Bell's" office ten minutes, and then came out and found the prisoner in the street, and told him not to take the horse away, and not to walk him about, as the weather was so warm—I went to the "Globe" office, and was there ten minutes or a quarter of an hour—when I came back the prisoner and the horse had disappeared—I after
<lb/>wards identified the horse; he was worth fifty guineas—I recovered saddle and bridle and all.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-158" type="witnessName">
<interp inst="t18760626-name-158" type="gender" value="male"/>
<interp inst="t18760626-name-158" type="surname" value="MORRIS"/>
<interp inst="t18760626-name-158" type="given" value="JOHN"/>JOHN MORRIS</persName> </hi>. I am a costermonger, of 1, Little Catherine Street, Strand—I know the prisoner—I saw him in charge of Mr. Highton's horse on this evening.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-159" type="witnessName">
<interp inst="t18760626-name-159" type="gender" value="female"/>
<interp inst="t18760626-name-159" type="surname" value="MORRIS"/>
<interp inst="t18760626-name-159" type="given" value="MARGARET"/>MARGARET MORRIS</persName> </hi>. I am the wife of the last witness—on 16th June I saw the prisoner in Catherine Street with Mr. Highton's horse—he asked me for a penny and sent me with it into a public-house for some beer—he stroked the horse and said he would
<hi rend="italic">sneak</hi> it—I said "It is generally my little boy's job."</p>
<hi rend="italic">Cross-examined.</hi> It was a very nice horse, I knew it, and knew the owner.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-160" type="witnessName">
<interp inst="t18760626-name-160" type="gender" value="male"/>
<interp inst="t18760626-name-160" type="surname" value="SHEEPWASH"/>
<interp inst="t18760626-name-160" type="given" value="ALBERT"/>ALBERT SHEEPWASH</persName> </hi>. I work at a printer's in Exeter Street, Strand—on 16th June I saw the prisoner leading a horse up as far as Bow Street—he was alone.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-161" type="witnessName">
<interp inst="t18760626-name-161" type="gender" value="male"/>
<interp inst="t18760626-name-161" type="surname" value="WATSON"/>
<interp inst="t18760626-name-161" type="given" value="JAMES"/>JAMES WATSON</persName> </hi>. I am a coach builder, of 18, Wimpole Mews—on 16th. June, about 7.45 p.m., I saw the prisoner in Devonshire Street, Portland Place, with a horse—I did not think he was sober—I asked him what he was going to do with the horse—he said "Will you buy him?"—I said "No, I have no use for him"—he said that he gave 35
<hi rend="italic">l</hi>. for him and would sell him for 40
<hi rend="italic">l</hi>., and afterwards he said that he would sell him for 5
<hi rend="italic">l</hi>. if he could get it.</p>
<hi rend="italic">Cross-examined.</hi> He was not very drunk, but he seemed very stupid and did not know how to manage the horse, everybody could see that.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-162" type="witnessName">
<interp inst="t18760626-name-162" type="gender" value="male"/>
<interp inst="t18760626-name-162" type="surname" value="BUTCHER"/>
<interp inst="t18760626-name-162" type="given" value="JOHN"/>JOHN BUTCHER</persName> </hi>. I am a livery stable foreman, of 48, Devonshire Street, Portland Place—on 16th June I saw the prisoner with a horse at the top of Weymouth Street, Portland Place—that is one one mile and three quarters from Exeter Street—it was about 8.45 to 9 o'clock, it was gettiug dusk—he was leading the horse quietly and I coaxed it away from him and took it</p>
<xptr type="pageFacsimile" doc="187606260051"/>
<p>into my stable—the prisoner said that he wanted to borrow a sovereign or 5
<hi rend="italic">s</hi>. and get a glass of ale—I told him there was a public-house and he could get some ale.</p>
<hi rend="italic">Cross-examined.</hi> I saw him rolling about and leading a valuable horse, I took pity on the horse.</p>
<hi rend="smallCaps">
<persName id="t18760626-name-163" type="witnessName">
<interp inst="t18760626-name-163" type="gender" value="male"/>
<interp inst="t18760626-name-163" type="surname" value="BLOOMFIELD"/>
<interp inst="t18760626-name-163" type="given" value="ALEXANDER"/>ALEXANDER BLOOMFIELD</persName> </hi> (
<hi rend="italic">Police Sergeant P</hi> 9). On 16th June I received information and went to the Weymouth Arms, saw the prisoner and watched him to 4a, Wimpole Mews, where he asked how his horse was and patted him—I said "Is that your horse?"—he said "Yes"—I said "Where did you get it?"—he said "I live at Stony Stratford, if you want to know anything more about the horse, I shan't tell you"—we got a telegram and the prosecutor came; the prisoner was placed with four other men and was identified by Morris—he said that ho bought the horse at Stony Stratford—when he was charged he said "They cannot charge me with stealing it for I have not received a halfpenny for it."</p>
<hi rend="italic">Cross-examined.</hi> I am sure he said that be lived at Stony Stratford, he did not say "The Strand"—'after he was charged he said that the horse had been given to him to mind, and he could not find the gentleman, and was not going to walk about all night.</p>
<p>E. G.
<hi rend="smallCaps">HIGHTON</hi> (
<hi rend="italic">re-examined</hi>). The prisoner was perfectly sober in my opinion, or I would not have trusted him with the horse.</p>
<rs id="t18760626-259-verdict-1" type="verdictDescription">
<interp inst="t18760626-259-verdict-1" type="verdictCategory" value="guilty"/>
<interp inst="t18760626-259-verdict-1" type="verdictSubcategory" value="withRecommendation"/>
<hi rend="smallCaps">GUILTY</hi>.
<hi rend="italic">Recommended to mercy by the Prosecutor</hi> </rs>
<hi rend="italic">
<rs id="t18760626-259-punishment-26" type="punishmentDescription">
<interp inst="t18760626-259-punishment-26" type="punishmentCategory" value="imprison"/>
<interp inst="t18760626-259-punishment-26" type="punishmentSubcategory" value="no_subcategory"/>
<join result="defendantPunishment" targOrder="Y" targets="def1-259-18760626 t18760626-259-punishment-26"/>Three Months' Imprisonment.</rs> </hi> </p> </div1>
<div1 type="trialAccount" id="t18760626-260">
<interp inst="t18760626-260" type="uri" value="sessionsPapers/18760626"/>
<interp inst="t18760626-260" type="date" value="18760626"/>
<join result="criminalCharge" id="t18760626-260-charge-1" targOrder="Y" targets="def1-260-18760626 t18760626-260-offence-1 t18760626-260-verdict-1"/>
<persName id="def1-260-18760626" type="defendantName">
<interp inst="def1-260-18760626" type="gender" value="male"/>
<interp inst="def1-260-18760626" type="age" value="19"/>
<interp inst="def1-260-18760626" type="surname" value="KIRK"/>
<interp inst="def1-260-18760626" type="given" value="CHARLES"/>
<interp inst="def1-260-18760626" type="occupation" value="Militiaman"/>